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HomeMy WebLinkAboutA006 - Owner's Consent to Plat dated August 22, 2006 Prepared by: William D.Bartine,2000 Financial Center,Des Moines,IA 50309,515-243-7100 OWNER'S CONSENT TO PLAT WAL-MART'S SUBDIVISION, FIRST ADDITION KNOW ALL MEN BY THESE PRESENTS: The undersigned hereby certifies, states, and acknowledges that WAL-MART STORES, INC., a Delaware corporation, is the proprietor and record titleholder of a portion of the real estate situated in Story County, Iowa, more particularly described in Exhibit "A" hereto, which is included in the land to be platted as WAL-MART'S SUBDIVISION, FIRST ADDITION, an Official Plat, included in and forming a part of the City of Ames, Story County, Iowa, more particularly described in Exhibit "B" hereto. The undersigned further acknowledges and certifies that the platting of said real estate is done with the free consent and in accordance with the desires of said owner. Dated this�ay of August, 2006. WAL-MART STORES, INC., a Delaware co ration By:0 Name: Y � Title: Regional Vice President STATE OF SS: COUNTY OF ) This instrument was acknowledged before me on the 0''DTay of August, 2006 by ayA RS-1) as C` of Wal-Mart Stores, Inc. m " NOTARY SEAj Carrie A.Aguirre,Notary PNotar Public inBenton County,State of ArkYMy Commission Expires 411 irk S<I A pr 'v t o b WAL-MART LEGAL DEPTC Pq. 2 r r' -�te: �� P �l"�l _ EXIMIT A LEGAL DESCRIPTION Parcel "AH", a part of the Northwest Quarter (NW '/) of the Southeast Quarter (SE 1/4) and part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section Eleven, (11), Township Eighty-three (83) North, Range Twenty-four (24) West of the 5th P.M., Story County, Iowa, as shown on the "Plat of Survey" filed in the office of the Recorder, Story County, Iowa on January 27, 2006, as Inst. No. 06-01039, Slide 270, Page 1; and Parcel "AF", part of the South Half(S 1/2) of the Northeast Quarter(NE 1/4) of Section Eleven (11), Township Eighty-three (83) North, Range Twenty-four (24) West of the 5th P.M., Story County, Iowa, as shown on the "Plat of Survey" filed in the office of the Recorder, Story County, Iowa, on January 27, 2006 as Inst. No. 06-01039, Slide 269, Page 5; and Parcel "AB" of Plat of Survey recorded as Document No. 2006-00001038 on January 27, 2006 on Slide 269, Page 3, as shown in said abstract of title No. 06- 7491 covering the following described real estate: The South 20 Acres of the S 1/2 of the NE 1/4 and the N 1/2 of the SE 1/4 of Section 11,Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, except the following described parcels: a. Except beginning at the NW corner of the South 20 Acres of the S 1/2 of the NE 1/4, of Section 11, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, thence South 580 feet, thence East 415 feet, thence North 580 feet, thence West 415 feet to the point of beginning; and b. Except beginning at a point 269.4 feet South of the center of Section 11, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, thence East 398 feet, thence South 150 feet, thence West 398 feet, thence North 150 feet to the point of beginning; and c. Except beginning at a point 419.4 feet South of the center of Section 11, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, thence South 89' 1 T East 398 feet; thence South approximately 321 feet to a point in the center of Squaw Creek as it now exists,thence Northwesterly along the center of Squaw Creek to a point where the said Creek now intersects the center of Highway No. 69, thence North approximately 296 feet to the point of beginning; and d. Except beginning at a point 278.5 feet North of the SW corner of the NW 1/4 of the SE 1/4 of said Section 11, thence East 190.45 feet, thence North 16 feet, thence East 429.55 feet, thence North to a point in the center of Squaw Creek, thence Northwesterly along the center of said Squaw Creek to the quarter section line in the approximate center of U.S. Highway 69, where the same intersects with the center of said Squaw Creek, thence South along the Quarter section line,which is the approximate center line of U.S. Highway 69, to the point of beginning; subject to an easement for driveway purposes over a strip 10 feet wide in a North and South direction lying North of and adjacent to the above described 190.45 feet distance and including an easement for road -2- ,Pg .3 purposes over a strip of land 10 feet in width in a North and South direction lying South of and adjacent to the above described 190.45 feet distance; and e. Except commencing at the center of Section 11,Township 83 North,Range 24 West of the 5th P.M., Story County, Iowa,thence South on the quarter section line(approximately the center of U.S. Highway 69) 690.4 feet,thence South 890 25'East 620 feet,thence South parallel to the quarter section line 260.3 feet to the point of beginning; thence North 760 45'East 428.1 feet, thence North 89' 12'East 1,108.5 feet,thence South 300 08'East 362.4 feet, thence North 880 37'West 1,707.8 feet,thence North parallel to the quarter section line 158.9 feet to the point of beginning; and f. Except commencing at the NW corner of the South 20 acres of the S 1/2 of the NE 1/4 of Section 11,Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa; thence South 890 11'East 415 feet to the point of beginning;thence continuing South 89' 11'East 700 feet; thence South 522.6 feet, thence North 89' 11'West 700 feet; thence North 522.6 feet to the point of beginning, containing 8.397 acres,more or less; and g. Except commencing at the center of Section 11,Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa; thence South 89' 11'East 415.0 feet; thence South 192 feet; thence South 89' 11'East 29.0 feet to the point of beginning;thence continuing South 89' 11'East 242.0 feet; thence South 180.0 feet;thence North 89' 11'West 242.0 feet; thence North 180.0 feet to the point of beginning, containing 1 acre more or less; and h. Except all that part of the N 1/2 of the SE 1/4 of Section 11, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, lying South of Squaw Creek, -3- EXHIBIT B LEGAL DESCRIPTION Ames, Iowa Wal-Mart DESCRIPTION: Total Tract(Subdivision Plat) A tract of land being all of Parcel "AA" of Plat of Survey recorded as Document No. 03-09980 on May 20, 2003, all of Parcel "AE" of Plat of Survey recorded as Document No. 2006-00001038 on January 27, 2006 on Slide 269, Page 3, all of Parcel "AF" of Plat of Survey recorded as Document No. 2006-00001039 on January 27, 2006 on Slide 269, Page 5, all of Parcel "AJ" and Parcel "AH" of Plat of Survey recorded as Document No. 2006-00001040 on January 27, 2006 on Slide 270, Page 1, all in the Story County Recorder of Deeds Office all being part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 11, Township 83 North,Range 24 West of the 5th P.M., City of Ames, Story County, Iowa to wit: Beginning at a found PK Nail at the Southwest Corner of said Northeast Quarter, thence along the west line of said Northeast Quarter N00°-33'-24"W 329.87 ft. to a point; thence leaving said west section line S89°-59'-42"E 318.73 ft. a found survey post; thence N000-20'44"W 79.83 ft. to a found survey post; thence S89°-58'-30"E 151.93 ft. to a found iron rod; thence N00°-34'-29"W 202.77 ft. to a found iron rod on the south right-of-way line of S.E. Fifth Street, thence along said south right-of-way line S890-56'-16"E 100.01 to a found iron rod, thence S89°-54'-45"E 133.15 to a found iron rod, thence S89°-54'-18"E 72.64 ft. to a found iron rod at the Southeast Corner of said S.E. Fifth Street; thence along the east line of said S.E. Fifth Street North 40.01 ft. to a found iron rod,thence N00°-05'-28"W 39.98 ft. to a found iron rod at the northeast corner of said S.E. Fifth Street; thence leaving said east right-of-way line along a curve deflecting to the left having a radius of 300.00 ft., an arc length of 165.14 ft., a chord bearing of N74°-23'-43"E, a chord distance of 163.06 ft. to a set iron rod; thence along a curve deflecting to the right having a radius of 380.00 ft., an arc length of 205.51, a chord bearing of N74°-07'-09"E, a chord distance of 203.01 ft. to a set iron rod; thence N890-36'-44"E 190.19 ft. to a set iron rod on the East line of the Southwest Quarter of said Northeast Quarter; thence along said east line S00°-23'-16"E 80.01 ft. to a found iron rod, thence S00°-20'-04"E 400.07 ft. to a found iron rod, continue thence along said east line and the east line of the Northwest Quarter of said Southeast Quarter S00°-29'-54"E 695.44 ft. to a set iron rod; thence leaving said east line N89°-33'-12"W 634.42 ft. to a set iron rod at the southeast corner of the Buford and Helen Day Trust Property, (Ames Rental); thence along the east line of said trust property N00-17'-26"W 180.02 ft. to a set iron rod; thence leaving said east line along the north line of said trust property and the westerly projection thereof N89°-33'-12"W 270.42 ft. to a found survey nail; thence N01°-01'-41"W 92.11 ft. to a found concrete nail; thence N89°-23'-06"W 414.10 ft. to a point on the west line of the Northwest Quarter of said Southeast Quarter; thence along said west line N00°-22'-33"W 99.26 ft. to the point of beginning, containing 25.33 acres. Subject to any and all easements, restrictions, conditions, etc. of record. cAdocuments and settings\cfbecker\local settings\tempocary intemet files\o1k64\crt-consent-owner-wal-mart.doc -4- i�' 5