HomeMy WebLinkAboutA009 - Affidavit and Resolution re Sale of Real Property RETURN TO:
AMES COMMUNITY SCHOOL DISTRICT
415 STANTON
AMES, IOWA 50014 z
ATTN: KAREN SHIMP
Instrument:2013- 001301776
J F DabWeb 14r2013 02:06:134p
D Rec Fee: 55.00 E-Cor Fee:
Aud Fee: .00 Trans Tax: 1.00
Rer Management FPP: .00
Non-Standard Page FPP: 1.00
Filed for record in Story Countyr3i3lowa
Susan L. Vande Yaaa, County Recorder
Affidavit and Resolution re Sale of Real Property
[pursuant to Iowa Code Section 297.221
Recorder's Cover Sheet
Preparer Information: Jane B. McAllister
Ahlers & Cooney, P.C.
100 Court Avenue, Suite 600
Des Moines, IA 50309
(515) 243-7611
Taxpayer Information: N/A
Return Address �J ne B. McAllister
Ah s & Cooney, P.C.
100 Co t Avenue, Suite 600
Des Moine , A 50309
Grantors: Ames Community School District
Grantees: N/A
Legal Description: See Pages 3, 4 & 5
Document or instrument number of previously recorded documents:
AFFIDAVIT
RE: See attached Exhibit A
STATE OF IOWA )
SS:
COUNTY OF STORY )
I, Karen Shimp, am the Secretary of the Board of Directors of the Ames Community
School District("District") in the County of Story, State of Iowa, and am authorized to make this
Affidavit.
This Affidavit is furnished to show compliance by the District with Iowa Code Chapter
297 relative to the conveyance of an interest in the property described herein("Property")to the
City of Ames, Iowa.
I certify that attached are true and complete copies of-
1. Proof of Publication of Notice of Public Hearing published as required by Iowa
Code Section 297.22.
2. Resolution approving conveyance of the bicycle trail Easement.
WITNESS my hand hereto on a , 2013.
Karen-§hiiap, Secretdry
Ames Community School District
Subscribed and sworn to before me, a notary public in and for the state of Iowa, on
2013.
Notary Public
Commission Expires: i i
if
CAROL HUNDERTMARK
Commission Number 763529
My Commission Expires
ow June 17, 2013
2
1 •
EXHIBIT A
Survey Description-Public Trail Easement:
A strip of land 15.00 feet in width across Outlot A, Final Plat of Ames Middle School
2003 and Lots 1 and 2, Final Plat of Ames Middle School 2003, Plat 2, both in Section
8, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa,
being situated 7.50 feet on each side of the following described centerline: Commencing
at an interior corner on the West line of said Outlot A; thence N00°32'43"W, 94.22 feet
along the West line of said Outlot A to the point of beginning, said point being on a
curve from which the radius point bears N18°39'49"W; thence easterly and
northeasterly, 9.98 feet along the curve concave to the northwest, having a radius of
51.96 feet, a central angle of 11'00'17" and being subtended by a chord which bears
N65050'03"E, 9.97 feet to a point of reverse curvature; thence northeasterly, easterly
and southeasterly 15.43 feet along the curve concave to the south, having a radius of
9.14 feet, a central angle of 96047'14" and being subtended by a chord which bears
S80036'18"E, 13.66 feet to a point of reverse curvature; thence southeasterly and
easterly 313.10 feet along the curve concave to the northeast, having a radius of 503.08
feet, a central angle of 35039'33" and being subtended by a chord which bears
S55010'45"E, 308.07 feet to a point of reverse curvature; thence easterly, northeasterly
and northerly 34.25 feet along the curve concave to the northwest, having a radius of
20.41 feet, a central angle of 96008'10" and being subtended by a chord which bears
N63027'37"E, 30.37 feet; thence N06016'08"E, 46.95 feet to the beginning of a curve;
thence northerly, northeasterly and easterly, 50.37 feet along the curve, having a radius
of 30.95 feet, concave to the southeast, a central angle of 93014'52" and being
subtended by a chord which bears N48°49'04"E, 44.99 feet; thence N86010'19"E,
107.27 feet to the beginning of a curve; thence easterly, northeasterly and northerly,
237.05 feet along the curve, having a radius of 132.00 feet, concave to the northwest, a
central angle of 102053'44" and being subtended by a chord which bears N50005'30"E,
206.46 feet; thence S84016'48"E, 22.39 feet; thence N86040'40"E, 239.80 feet; thence
N89041'03"E, 161.40 feet; thence N85°43'11"E, 122.28 feet to the beginning of a curve;
thence easterly, southeasterly and southerly, 74.58 feet along the curve, having a
radius of 40.02 feet, concave to the southwest, a central angle of 106045'47" and being
subtended by a chord which bears S31013'26"E, 64.25 feet; thence S18044'14"W, 19.41
feet to the beginning of a curve; thence southerly, 45.17 feet along the curve, having a
radius of 166.45 feet, concave to the east, a central angle of 15033'01" and being
subtended by a chord which bears S14018'15"W, 45.04 feet to a point of reverse
curvature; thence southerly and southeasterly 85.78 feet along the curve concave to the
northeast, having a radius of 95.39 feet, a central angle of 51031'13" and being
subtended by a chord which bears S23005'55"E, 82.92 feet to a point of reverse
curvature; thence southeasterly and easterly 119.87 feet along the curve concave to the
northeast, having a radius of 237.62 feet, a central angle of 28054'11" and being
subtended by a chord which bears S57035'40"E, 118.60 feet to a point of reverse
curvature; thence easterly and southeasterly 102.69 feet along the curve concave to the
southwest, having a radius of 227.64 feet, a central angle of 25050'46" and being
subtended by a chord which bears S55022'36"E, 101.82 feet to a point of reverse
curvature; thence southeasterly and easterly 103.16 feet along the curve concave to the
3
north, having a radius of 108.83 feet, a central angle of 54018'41" and being subtended
by a chord which bears S71"30'43"E, 99.34 feet to a point of reverse curvature; thence
easterly 164.99 feet along the curve concave to the north, having a radius of 563.36
feet, a central angle of 16°46'49" and being subtended by a chord which bears
N77036'09"E, 164.40 feet to a point of reverse curvature; thence northeasterly 132.42
feet along the curve concave to the northwest, having a radius of 223.38 feet, a central
angle of 33°57'52" and being subtended by a chord which bears N5002353"E, 130.49
feet; thence N30058'06"E, 20.65 feet to the beginning of a curve; thence northerly,
northeasterly and easterly, 75.37 feet along the curve, having a radius of 51.36 feet,
concave to the southeast, a central angle of 84°05'07" and being subtended by a chord
which bears N59°08'34"E, 68.79 feet; thence S81°15'18"E, 19.67 feet to the beginning
of a curve; thence easterly, 108.38 feet along the curve, having a radius of 730.13 feet,
concave to the north, a central angle of 8°30'17" and being subtended by a chord which
bears S88011'32"E, 108.28 feet; thence N84°40'45"E, 22.21 feet to the beginning of a
curve; thence easterly and northeasterly, 105.04 feet along the curve, having a radius of
253.03 feet, concave to the northwest, a central angle of 23°47'03" and being
subtended by a chord which bears
N67°03'15"E, 104.29 feet to a point of reverse curvature; thence northeasterly and
easterly 87.00 feet along the curve concave to the south, having a radius of 149.69 feet,
a central angle of 33°17'57" and being subtended by a chord which bears N73°21'21"E,
85.78 feet to a point of reverse curvature; thence easterly and southeasterly 107.53 feet
along the curve concave to the southwest, having a radius of 205.60 feet, a central
angle of 29°57'58" and being subtended by a chord which bears S64°51'15"E, 106.31
feet to a point of reverse curvature; thence southeasterly and easterly 76.04 feet along
the curve concave to the north, having a radius of 119.40 feet, a central angle of
36°29'27" and being subtended by a chord which bears
S72055'1FE, 74.76 feet; thence N89°48'43"E, 82.39 feet; thence N80026'47"E, 62.95
feet to the beginning of a curve; thence easterly and northeasterly, 93.17 feet along the
curve, having a radius of 111.62 feet, concave to the northwest, a central angle of
47049'24" and being subtended by a chord which bears N55045'11"E, 90.49 feet; thence
N33050'34"E, 26.80 feet to the beginning of a curve; thence northeasterly and easterly,
145.54 feet along the curve, having a radius of 193.92 feet, concave to the southeast,
and a central angle of 43000'04" and being subtended by a chord which bears
N52024'43"E, 142.15 feet to a point of reverse curvature; thence easterly and
northeasterly 62.18 feet along the curve concave to the northwest, having a radius of
109.10 feet, a central angle of 32039'17 and being subtended by a chord which bears
N56022'29"E, 61.34 feet; thence N33044'00"E, 79.28 feet to the beginning of a curve;
thence northeasterly, northerly and northwesterly, 84.73 feet along the curve, having a
radius of 89.75 feet, concave to the west, a central angle of 54005'32" and being
subtended by a chord which bears N00048'09"W, 81.62 feet; thence N24021'19"W,
30.15 feet to the beginning of a curve; thence northwesterly and northerly, 38.04 feet
along the curve, having a radius of 67.94 feet, concave to the east, a central angle of
32004'52" and being subtended by a chord which bears N12°45'58"W, 37.54 feet to a
point of reverse curvature; thence northerly, northeasterly and easterly 114.62 feet
along the curve concave to the southeast, having a radius of 84.77 feet, a central angle
of 77028'29" and being subtended by a chord which bears N47046'25"E, 106.09 feet to
4
a point of reverse curvature; thence easterly 103.28 feet along the curve concave to the
south, having a radius of 237.68 feet, a central angle of 24°53'48" and being subtended
by a chord which bears S81°25'42"E, 102.47 feet; thence S74034'08"E, 32.28 feet to the
beginning of a curve; thence easterly, 73.72 feet along the curve, having a radius of
176.83 feet, concave to the north, a central angle of 23053'16" and being subtended by
a chord which bears S86°13'17"E, 73.19 feet; thence N82°25'04"E, 30.46 feet to the
beginning of a curve; thence easterly, southeasterly and southerly, 191.30 feet along
the curve, having a radius of 132.52 feet, concave to the southwest, a central angle of
82°42'51" and being subtended by a chord which bears S63°20'47"E, 175.12 feet;
thence S27022'47"E, 20.10 feet to the beginning of a curve; thence southeasterly and
easterly, 74.19 feet along the curve, having a radius of 62.09 feet, concave to the
northeast, a central angle of 68027'36" and being subtended by a chord which bears
S57038'28"E, 69.85 feet to a point on the East line of said Lot 2, and there terminating.
00919120-1\10164-061
5
Legal Notice
#5834.
NOTICE OF PUBLIC HEARING ON
A CONVEYANCE OF EASEMENT
Notice is hereby given that the Board
of Directors of the Ames Community
School District will hold a public
hearing on the January 28,2013,at
6:30 P.M. central time, in the high
school multipurpose room located
Proof Of Publication In at1921 Ames High Drive, Ames,
Iowa, on the conveyance of an
THE AMES TRIBUNE easement, pursuant to Iowa Code
-_-_-_-_-_-_-_-__-_-_-__-__-__-__--_-_-_-_-_-_-_-------------- -------------------------------- Sections 279.8 and 297.22. The
----------- ------------- ------------------ easement is to accurately describe
STATE OF IOWA, STORY COUNTY,ss. an existing bicycle trail on property
described as Ames Middle School
Plat 2003
I,Alexandra Hayne, on oath depose At the time and place set for the
and saythat I am editor of THE AMES TRIBUNE, public hearing,interested individuals
will be given the opportunity to
a daily newspaper, published at Ames, express their views, both orally and
Story County, Iowa;that the annexed printed in writing,on the following:
Proposal to convey a bicycle trail
easement on the property to the City
of Ames, Iowa for $1.00 and other
AMES CSD valuable consideration.
The proposal may be subject to
EASEMENT FOR BICYCLE TRAIL conditions as may be stated either in
the proposal, the Resolution of the
Board of Directors of the Ames
Community School District, or
was published in said newspaper documents entered into between the
one time on January 17, 2013; parties.
of publication was A copy of the proposal may be
the last day P reviewed at the office of Secretary of
the 17th day of January, 2013. the Board of the Ames Community
School District,415 Stanton Avenue,
Ames,Iowa.
After the public hearing, the Board
may make a final determination to
accept or reject the proposal as
submitted, or upon condition that
A*yttA Betty Liabsacic certain terms be changed, or the
$ j Commission Number-784"5 Board may defer action on any or all
3 Commiuion :10/W13 of the proposals until a subsequent
meeting.
BOARD OF DIRECTORS,
AMES COMMUNITY SCHOOL
DISTRICT
By
Secretary of the Board of Directors
Published in the Ames Tribune on
January 17,2013(1T)
r
Notary Public
sworn to before me and subscribed in my
presence by Alexandra Hayne
this 17th day of January, 2013.
FEE: $21.75
AD#: 58341
ACCT:ACSC10
Date: January 28, 2013
The Board of Directors of the Ames Community School District("District") met in open
session, in the high school multi-purpose room located at 1921 Ames High Driv , Ames, Iowa,
at 6.30 P.M., on the above date. There were present President in the
chair, and the following Board Directors:
'Mtge L9106x+
eSoi ` p`
Anew
n
Absent:
The President announced that this was the time and place for the public hearing and
meeting on the matter of the proposed conveyance of an interest in real property, and that notice
of the proposed action had been published pursuant to the provisions of Section 297.22(1) of the
Code of Iowa.
Inquiry was made whether any written objections had been filed by any resident or
property owner of the D'st ' t regarding the sale of such real property by the District. The
Secretary stated that 0 written objections hadbqeurfiled. Oral objections to the sale of real
property were then cal ed for and received and were made. Whereupon,the President
declared the time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
P J -�
Date: January 28, 2013
The proposed action and the extent of objections thereto were then considered.
Director introduced the following Resolution and moved
that it be adopted. Directo seconded the motion to adopt. The roll
was called and the vote was: (rr
AYES: 7:3`rfulsola, rt�
s a1 set
NAYS: �[("
Whereupon, the President declared the resolution duly adopted as follows:
RESOLUTION FOR A CONVEYANCE OF BICYCLE TRAIL EASEMENT
WHEREAS, pursuant to notice published as required by law, the Board of Directors of
the Ames Community School District on the 28th day of January, 2013, held a hearing on the
proposal to convey an interest in real property and the extent of objections received from
residents or property owners as to said proposed transaction has been fully considered; and,
accordingly the following action is now considered to be in the best interests of the District and
residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
AMES COMMUNITY SCHOOL DISTRICT:
Section 1. That an easement in the real property described herein shall be conveyed by
the District to the City of Ames, Iowa, for$1.00 and other good and valuable consideration for
the purpose of an existing bicycle trail.
Section 2. The Board President and Secretary are authorized to sign the easement
document as approved by counsel.
Section 3. The Board President, Secretary, Superintendent, and administrative officers of
the District are authorized to take all actions necessary to complete the above-described
transaction, including execution of ancillary documents.
Section 4. The real property is described as follows:
Survey Description-Public Trail Easement:
A strip of land 15.00 feet in width across Outlot A, Final Plat of Ames Middle School
2003 and Lots 1 and 2, Final Plat of Ames Middle School 2003, Plat 2, both in Section
8, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa,
being situated 7.50 feet on each side of the following described centerline: Commencing
at an interior corner on the West line of said Outlot A; thence N00032'43"W, 94.22 feet
along the West line of said Outlot A to the point of beginning, said point being on a
curve from which the radius point bears N18°39'49"W; thence easterly and
northeasterly, 9.98 feet along the curve concave to the northwest, having a radius of
51.96 feet, a central angle of 11000'17" and being subtended by a chord which bears
N65050'03"E, 9.97 feet to a point of reverse curvature; thence northeasterly, easterly
and southeasterly 15.43 feet along the curve concave to the south, having a radius of
9.14 feet, a central angle of 96°47'14" and being subtended by a chord which bears
S80°36'18"E, 13.66 feet to a point of reverse curvature; thence southeasterly and
easterly 313.10 feet along the curve concave to the northeast, having a radius of 503.08
feet, a central angle of 35039'33" and being subtended by a chord which bears
S55010'45"E, 308.07 feet to a point of reverse curvature; thence easterly, northeasterly
and northerly 34.25 feet along the curve concave to the northwest, having a radius of
20.41 feet, a central angle of 96008'10" and being subtended by a chord which bears
N63027'37"E, 30.37 feet; thence N06016'08"E, 46.95 feet to the beginning of a curve;
thence northerly, northeasterly and easterly, 50.37 feet along the curve, having a radius
of 30.95 feet, concave to the southeast, a central angle of 93014'52" and being
subtended by a chord which bears N48049'04"E, 44.99 feet; thence N86010'19"E,
107.27 feet to the beginning of a curve; thence easterly, northeasterly and northerly,
237.05 feet along the curve, having a radius of 132.00 feet, concave to the northwest, a
central angle of 102053'44" and being subtended by a chord which bears N50005'30"E,
206.46 feet; thence S84016'48"E, 22.39 feet; thence N86040'40"E, 239.80 feet; thence
N89041'03"E, 161.40 feet; thence N85043'11"E, 122.28 feet to the beginning of a curve;
thence easterly, southeasterly and southerly, 74.58 feet along the curve, having a
radius of 40.02 feet, concave to the southwest, a central angle of 106045'47" and being
subtended by a chord which bears S31013'26"E, 64.25 feet; thence S18044'14"W, 19.41
feet to the beginning of a curve; thence southerly, 45.17 feet along the curve, having a
radius of 166.45 feet, concave to the east, a central angle of 15033'01" and being
subtended by a chord which bears S14018'15"W, 45.04 feet to a point of reverse
curvature; thence southerly and southeasterly 85.78 feet along the curve concave to the
northeast, having a radius of 95.39 feet, a central angle of 51°31'13" and being
subtended by a chord which bears S23005'55"E, 82.92 feet to a point of reverse
curvature; thence southeasterly and easterly 119.87 feet along the curve concave to the
northeast, having a radius of 237.62 feet, a central angle of 28054'11" and being
subtended by a chord which bears S57035'40"E, 118.60 feet to a point of reverse
curvature; thence easterly and southeasterly 102.69 feet along the curve concave to the
southwest, having a radius of 227.64 feet, a central angle of 25050'46" and being
subtended by a chord which bears S55022'36"E, 101.82 feet to a point of reverse
curvature; thence southeasterly and easterly 103.16 feet along the curve concave to the
north, having a radius of 108.83 feet, a central angle of 54018'41" and being subtended
by a chord which bears S71°30'43"E, 99.34 feet to a point of reverse curvature; thence
easterly 164.99 feet along the curve concave to the north, having a radius of 563.36
feet, a central angle of 16°46'49" and being subtended by a chord which bears
N77°36'09"E, 164.40 feet to a point of reverse curvature; thence northeasterly 132.42
feet along the curve concave to the northwest, having a radius of 223.38 feet, a central
angle of 33°57'52" and being subtended by a chord which bears N50°23'53"E, 130.49
feet; thence N30058'06"E, 20.65 feet to the beginning of a curve; thence northerly,
northeasterly and easterly, 75.37 feet along the curve, having a radius of 51.36 feet,
concave to the southeast, a central angle of 84°05'07" and being subtended by a chord
which bears N59008'34"E, 68.79 feet; thence S81°15'18"E, 19.67 feet to the beginning
of a curve; thence easterly, 108.38 feet along the curve, having a radius of 730.13 feet,
concave to the north, a central angle of 8°30'17" and being subtended by a chord which
bears S88°11'32"E, 108.28 feet; thence N84040'45"E, 22.21 feet to the beginning of a
curve; thence easterly and northeasterly, 105.04 feet along the curve, having a radius of
253.03 feet, concave to the northwest, a central angle of 23°47'03" and being
subtended by a chord which bears
N67003'1 FIE, 104.29 feet to a point of reverse curvature; thence northeasterly and
easterly 87.00 feet along the curve concave to the south, having a radius of 149.69 feet,
a central angle of 33017'57" and being subtended by a chord which bears N73021'21"E,
85.78 feet to a point of reverse curvature; thence easterly and southeasterly 107.53 feet
along the curve concave to the southwest, having a radius of 205.60 feet, a central
angle of 29057'58" and being subtended by a chord which bears S64051'15"E, 106.31
feet to a point of reverse curvature; thence southeasterly and easterly 76.04 feet along
the curve concave to the north, having a radius of 119.40 feet, a central angle of
36029'27" and being subtended by a chord which bears
S72055'15"E, 74.76 feet; thence N89048'43"E, 82.39 feet; thence N80026'47"E, 62.95
feet to the beginning of a curve; thence easterly and northeasterly, 93.17 feet along the
curve, having a radius of 111.62 feet, concave to the northwest, a central angle of
47049'24" and being subtended by a chord which bears N55045'11"E, 90.49 feet; thence
N33050'34"E, 26.80 feet to the beginning of a curve; thence northeasterly and easterly,
145.54 feet along the curve, having a radius of 193.92 feet, concave to the southeast,
and a central angle of 43000'04" and being subtended by a chord which bears
N52024'43"E, 142.15 feet to a point of reverse curvature; thence easterly and
northeasterly 62.18 feet along the curve concave to the northwest, having a radius of
109.10 feet, a central angle of 32039'17 and being subtended by a chord which bears
N56°22'29"E, 61.34 feet; thence N33044'00"E, 79.28 feet to the beginning of a curve;
thence northeasterly, northerly and northwesterly, 84.73 feet along the curve, having a
radius of 89.75 feet, concave to the west, a central angle of 54005'32" and being
subtended by a chord which bears N00048'09"W, 81.62 feet; thence N24021'19"W,
30.15 feet to the beginning of a curve; thence northwesterly and northerly, 38.04 feet
along the curve, having a radius of 67.94 feet, concave to the east, a central angle of
32004'52" and being subtended by a chord which bears N12°45'58"W, 37.54 feet to a
point of reverse curvature; thence northerly, northeasterly and easterly 114.62 feet
along the curve concave to the southeast, having a radius of 84.77 feet, a central angle
of 77°28'29" and being subtended by a chord which bears N47046'25"E, 106.09 feet to
a point of reverse curvature; thence easterly 103.28 feet along the curve concave to the
Pic , 10
• r
south, having a radius of 237.68 feet, a central angle of 24°53'48" and being subtended
by a chord which bears S81°25'42"E, 102.47 feet; thence S74°34'08"E, 32.28 feet to the
beginning of a curve; thence easterly, 73.72 feet along the curve, having a radius of
176.83 feet, concave to the north, a central angle of 23°53'16" and being subtended by
a chord which bears S86°13'17"E, 73.19 feet; thence N82025'04"E, 30.46 feet to the
beginning of a curve; thence easterly, southeasterly and southerly, 191.30 feet along
the curve, having a radius of 132.52 feet, concave to the southwest, a central angle of
82°42'51" and being subtended by a chord which bears S63020'47"E, 175.12 feet;
thence S27022'47"E, 20.10 feet to the beginning of a curve; thence southeasterly and
easterly, 74.19 feet along the curve, having a radius of 62.09 feet, concave to the
northeast, a central angle of 68°27'36" and being subtended by a chord which bears
S57038'28"E, 69.85 feet to a point on the East line of said Lot 2, and there terminating.
PASSED AND APPROVED,this 28th day of January, 2013.
AMES COMMUNITY SCHOOL DISTRICT
B
ti/,Czlre CL
ATTEST:
Kar n Shi , Secretary
00919092-1\10164-061