HomeMy WebLinkAboutA011 - Packet dated July 31, 2006 regarding recorded documents - City Clerk's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames,IA 50010
QaaGry.dServgrar Phone: 515-239-5105
Exceptional Service
Fax: 515-239-5142
July 31, 2006
�wlS
Ms. Susan VandeKamp
Story County Recorder
P. O. Box 55 V J�
Nevada, Iowa 50201
Dear Sue:
Please record the following-named document and return same to the City Clerk's Office.
- Proof of Publication of Notice of Hearing on HyVee Land Exchange
- Resolution No. 06-207 Proposing Sale of Right-of-Way along Lincoln Way
- Resolution No. 06-268 Approving Sale to HyVee, Inc.
- Groundwater Hazard Statement
- Quit Claim Deed
If you have questions,please call me.
Sincerely,
Diane Voss
City Clerk
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Enclosures
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VIRGINIA A. BRANNAN
Iowa Notarial Seal
ommission Number 13
t J Y J l w
' k Il V Commission Expires!_//ZnL_
7 1
Notary Public
sworn to before me and subscribed in my
presence by M.Joseph Craig
this the 13th day of June,2006.
FEES: $31.08
NO. 48597
AMES14
a
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Address Tax Statement to:Ames City Clerk,P.O.Box 811,Ames,Iowa 50010
RESOLUTION NO. 06-•207
RESOLUTION PROPOSING THE SALE AND CONVEYANCE BY QUIT
CLAIM DEED TO HYVEE, INC., OF SUCH RIGHT, TITLE, AND
INTEREST AS THE PARTIES SHALL HAVE IN CERTAIN LAND
CONSTITUTING PART OF THE RIGHT-OF-WAY ALONG LINCOLN
WAY IN THE CITY OF AMES, IOWA; SETTING DATE, TIME, AND
PLACE OF PUBLIC HEARING THEREON, AND DIRECTING
PUBLICATION OF NOTICE.
BE IT RESOLVED,by the City Council for the City of Ames, Iowa:
Section One. That it is hereby proposed that the right,title and interest of the City of Ames,Iowa
in certain land constituting a part of the right-of-way along Lincoln Way abutting the HyVee,Inc.
property,referred to as Parcel G, said land being more specifically described as:
Parcel G: A part of the right-of-way of Lincoln Way, formerly known as U.S.
Highway #30 in the Northeast Quarter of the Northwest Quarter of Section 8,
Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County,
Iowa, lying adjacent to the north line of Lots 1 and 2 in Block 1 of Beedle's
Subdivision of Ames, Iowa, and being more particularly described as follows:
Commencing at the Northwest Comer of said Lot 2;thence easterly,21.13 feet along
the north line of said Lot 2 and a curve concave to the southeast,having,a radius of
1382.50 feet and a central angle of 0°52'33" and being subtended by a chord which
bears N71°14'58"E,21.13 feet to the point of beginning;thence departing the north
line of said Lot 2 N00°05'38"E,64.62 feet to the beginning of a curve tangent to said
line;thence northerly,northeasterly and easterly,23.87 feet along the curve concave
to the southeast, having,a radius of 15.00 feet and a central angle of 91°10'11" and
being subtended by a chord which bears N45040'44"E, 21.43 feet to a point 50.00
feet south measured perpendicular to the centerline of Lincoln Way, said line also
being the north line of said Section 8; thence S 88'44'11"E tangent to said curve,
372.80 feet parallel to said centerline to the beginning of a curve tangent to said line;
thence easterly,southeasterly and southerly,23.27 feet along the curve concave to the
southwest,having a radius of 15.00 feet and a central angle of 88°54'09" and being
subtended by a chord which bears S44°17'06"E, 21.01 feet; thence S00°09'58"W
tangent to said curve,2.93 feet to a point on the southerly right of way line of Lincoln
Way; thence N82°09'38"W, 85.74 feet to a point on the north line of said Lot 1 and
the beginning of a curve; thence westerly, 325.21 feet along the north line of said
Lots 1 and 2 and said curve having a radius of 13 82.50 feet,concave to the south,and
a central angle of 13°28'41" and being subtended by a chord which bears
S78°25'35"W, 324.47 feet to the point of beginning, containing 0.30 acres.
Note: Bearings are based on IDOT plans for this portion of the former centerline
location of U.S.Highway#30 which was referenced to the north line of the northeast
quarter of Section 7-83-24. That bearing was given as east,
said land not being necessary to City purposes, shall be conveyed to HyVee, Inc. in exchange for
HyVee's agreement to certain terms as set out in the attached letter from David Bailie,Assistant Vice
President,Real Estate, dated February 24, 2006.
Section Two. A public hearing on the proposed conveyance as aforesaid shall be held as required
by law to coincide with the City Council meeting of June 27, 2006 which will begin
at 7:00 p.m. in the City Hall, 515 Clark,Ames, Iowa.
Passed this 23 day of May , 2006 .
��+�+ti `� � Attest: �• U
Ann H. Campbell,Mar Diane R.Voss, City Clerk
R216
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239=5146)
Address Tax Statement to:Ames City Clerk,P.O. Box 811,Ames,Iowa 50010
RESOLUTION NO. 06-268
RESOLUTION APPROVING THE SALE AND CONVEYANCE BY QUIT
CLAIM DEED TO HYVEE, INC., OF SUCH RIGHT, TITLE, AND
INTEREST AS THE PARTIES SHALL HAVE IN CERTAIN LAND
CONSTITUTING PART OF THE RIGHT-OF-WAY ALONG LINCOLN
WAY IN THE CITY OF AMES,IOWA
BE IT RESOLVED,by the City Council for the City of Ames, Iowa that the conveyance
by the City of Ames of its right, title, and interest in the land constituting part of the right-of-way
along Lincoln Way abutting the HyVee,Inc.property,referred to as Parcel G,Beedle's Subdivision
to the City of Ames, Iowa, said land being more specifically described as:
Parcel G: A part of the right-of-way of Lincoln Way, formerly known as U.S.
Highway #30 in the Northeast Quarter of the Northwest Quarter of Section 8,
Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County,
Iowa, lying adjacent to the north line of Lots 1 and 2 in Block 1 of Beedle's
Subdivision of Ames, Iowa and being more particularly described as follows:
Commencing at the Northwest Corner of said Lot 2;thence easterly,21.13 feet along
the north line of said Lot 2 and a curve concave to the southeast,having a radius of
1382.50 feet and a central angle of 0°52'33" and being subtended by a chord which
bears N71°14'58"E,21.13 feet to the point of beginning;thence departing the north
line of said Lot 2 N00°05'38"E,64.62 feet to the beginning of a curve tangent to said
line;thence northerly,northeasterly and easterly,23.87 feet along the curve concave
to the southeast,having a radius of 15.00 feet and a central angle of 91'10'11" and
being subtended by a chord which bears N45°40'44"E, 21.43 feet to a point 50.00
feet south measured perpendicular to the centerline of Lincoln Way, said line also
being the north line of said Section 8; thence S88°44'11"E tangent to said curve,
372.80 feet parallel to said centerline to the beginning of a curve tangent to said line;
thence easterly,southeasterly and southerly,23.27 feet along the curve concave to the
southwest, having a radius of 15.00 feet and a central angle of 88°54'09" and being
subtended by a chord which bears S44°17'06"E, 21.01 feet; thence S00°09'58"W
tangent to said curve,2.93 feet to a point on the southerly right of way line of Lincoln
Way;thence N82°09'38"W, 85.74 feet to a point on the north line of said Lot 1 and
the beginning of a curve; thence westerly, 325.21 feet along the north line of said
Lots 1 and 2 and said curve having a radius of 1382.50 feet,concave to the south,and
a central angle of 13°28'41" and being subtended by a chord which bears
S78025'35"W, 324.47 feet to the point of beginning, containing 0.30 acres.
Note: Bearings are based on IDOT plans for this portion of the former centerline
location ofU.S.Highway#30 which was referenced to the north line of the northeast
quarter of Section 7-83-24. That bearing was given as east,
and said land not being necessary to City purposes, shall be conveyed to HyVee, Inc. in exchange
for HyVee's agreement to certain terms as set out in the attached letter from David Bailie,Assistant
Vice President,Real Estate, dated February 24, 2006.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute a Quit Claim Deed with respect to the above described land for and on behalf of the City of
Ames, Iowa and the City Clerk shall attest thereto.
Passed this 27 day of June , 2006.
Attest by.
Ann H. Campbell,Mayor Diane R. Voss, City Clerk
IU13
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
TRANSFEROR Name City of Ames,Iowa
Address 515 Clark Avenue Ames Iowa 50010
Number and Street or RK City,Town or P.O. State Zip
TRANSFEREE Name Hy-Vee,Inc.
Address 5820 Westown Parkway West Des Moines Iowa 50266
Number and Street or RR City,Town or P.O. State Zip
Address of Property Transferred
Number and Street or RR City,Town,or P.O. State Zip
Legal Description of property (see attached Exhibit A)
1. Wells(check one)
J$There are no known wells situated on this property.
❑There is a well or wells situated on this property. The type(s),location(s)and legal status are stated below.
2. Solid Waste Disposal(check one)
There is no known solid waste disposal site on this property.
❑There is a solid waste disposal site on this property,but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
❑There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s)of the site(s)is stated below.
3. Hazardous Wastes(check one)
>CThere is no known hazardous waste on this property.
❑ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules.
4. Underground Storage Tanks(check one)
X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks,cisterns and septic tanks,in instructions.)
❑ There is an underground storage tank on this property. The type(s),size(s)and any known substance(s)contained are described below.
5. Private Burial Site(check one)
�E There are no known private burial sites on this property.
❑ There is a private burial site on this property. The location(s)of the site(s)is stated below. The known identifying information of the
decedent is stated below.
Information,if any,required by statements checked above:
Attachment for Additional Information? Y/N If so,number of pages
I HEREBY DE ARE THAT THE INFORMATI N CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT.
Signature: Telephone Number: s/S-��9-5/y6
Agent _
—Jf/ -----------------------------------
PART II-TO BE COMPLETED BY RECORDER
Date of Instrument Book/I.D. Page/I.D.
Date of Recording City or Township
Deed ❑ Contract ❑ County
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DNR form(November 02) FILE WITH RECORDER 542-0960
EXHIBIT A
Parcel G: A part of the right of way of Lincoln Way,formerly known as U.S.Highway#30 in the Northeast
Quarter of the Northwest Quarter of Section 8,Township 83 North,Range 24 West of the 5th P.M.,City of
Ames,Story County,Iowa lying adjacent to the north line of Lots 1 and 2 in Block 1 of Beedle's Subdivision
of Ames,Iowa and being more particularly described as follows: Commencing at the Northwest Corner of
said Lot 2;thence easterly,21.13 feet along the north line of said Lot 2 and a curve concave to the southeast,
having a radius of 1382.50 feet and a central angle of 0°52'33"and being subtended by a chord which bears
N71°14'58"E,21.13 feet to the point of beginning;thence departing the north line of said Lot 2 N00°05'38"E,
64.62 feet to the beginning of a curve tangent to said line;thence northerly,northeasterly and easterly,23.87
feet along the curve concave to the southeast,having a radius of 15.00 feet and a central angle of 91°10'l1"
and being subtended by a chord which bears N45°40'44"E,21.43 feet to a point 50.00 feet south measured
perpendicular to the centerline of Lincoln Way,said line also being the north line of said Section 8;thence
S88044111"E tangent to said curve,372.80 feet parallel to said centerline to the beginning of a curve tangent
to said line;thence easterly,southeasterly and southerly,23.27 feet along the curve concave to the southwest,
having a radius of 15.00 feet and a central angle of 88°54'09" and being subtended by a chord which bears
S440 17'06"E,21.01 feet;thence S00009'58"W tangent to said curve,2.93 feet to a point on the southerly right
of way line of Lincoln Way;thence N82°09'38"W, 85.74 feet to a point on the north line of said Lot 1 and
the beginning of a curve;thence westerly,325.21 feet along the north line of said Lots 1 and 2 and said curve
having a radius of 1382.50 feet,concave to the south,and a central angle of 13°28'41"and being subtended
by a chord which bears S78°25'35"W, 324.47 feet to the point of beginning, containing 0.30 acres.
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue Ames Iowa 50010(Phone: 515-239-5146)
Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
That the City of Ames,Iowa,in consideration of the sum of One dollar($1.00)and other good and
valuable consideration does hereby Quit Claim unto HyVee,Inc., all right,title, and interest as the parties
shall have in certain land constituting part of the right-of-way along Lincoln Way in the City of Ames,Story
County,Iowa to-wit:
Parcel G: A part of the right of way of Lincoln Way,formerly known as U.S.Highway#30
in the Northeast Quarter of the Northwest Quarter of Section 8,Township 83 North,Range
24 West of the 5th P.M.,City of Ames,Story County,Iowa lying adjacent to the north line
of Lots 1 and 2 in Block 1 of Beedle's Subdivision of Ames, Iowa and being more
particularly described as follows: Commencing at the Northwest Corner of said Lot 2;
thence easterly, 21.13 feet along the north line of said Lot 2 and a curve concave to the
southeast, having a radius of 1382.50 feet and a central angle of 0°52'33" and being
subtended by a chord which bears N71°14'58"E,21.13 feet to the point of beginning;thence
departing the north line of said Lot 2 N00°05'38"E, 64.62 feet to the beginning of a curve
tangent to said line;thence northerly,northeasterly and easterly,23.87 feet along the curve
concave to the southeast,having a radius of 15.00 feet and a central angle of 91'10'11"and
being subtended by a chord which bears N45"40'44"E,21.43 feet to a point 50.00 feet south
measured perpendicular to the centerline of Lincoln Way,said line also being the north line
of said Section 8; thence S88°44'11"E tangent to said curve, 372.80 feet parallel to said
centerline to the beginning of a curve tangent to said line;thence easterly,southeasterly and
southerly,23.27 feet along the curve concave to the southwest,having a radius of 15.00 feet
and a central angle of 88°54'09"and being subtended by a chord which bears S44°17'06"E,
21.01 feet;thence S00°09'58"W tangent to said curve,2.93 feet to a point on the southerly
right of way line of Lincoln Way; thence N82°09'38"W, 85.74 feet to a point on the north
line of said Lot 1 and the beginning of a curve;thence westerly,325.21 feet along the north
line of said Lots 1 and 2 and said curve having a radius of 1382.50 feet, concave to the
south, and a central angle of 13°2841" and being subtended by a chord which bears
S78025'35"W,324.47 feet to the point of beginning,containing 0.30 acres.
This deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6).
Words and phrases herein,including the acknowledgment hereof, shall be construed as in
the singular or plural number,and as masculine,feminine or neuter gender,according to the context.
CITY OF AMES,IOWA
GRANTOR
By: vim•
Ann H. Campbell,Mayor
Attest b0- /� U
Diane R.Voss,City Clerk
STATE OF IOWA,STORY COUNTY ss:
On this a'* day of 2006, before me,the undersigned,a Notary Public in and for the
State of Iowa,personally appeared Ann H.Campbell and Diane R.Voss,to me personally known,who being by me duly
sworn;did say that they are the Mayor and City Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to the
foregoing instrument is the corporate seal of the corporation,and that the instrument was si ed and sealed on behalf
the corporation,by authority of its City Council as contained in Resolution No. 010• 2?' passed on the
day of unA 2046P ,and that the said Ann H.Campbell and Diane R.Voss,acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily
executed.
Notary Public in and or the ate of Iowa
HyVee-Quit Claim Deed from City-061906 pOAL 611 JILL L. RIPPERGER
Z COMMISSIC.d it 1 6549
MIES
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