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Home My WebLink AboutA013 - Letter to Brian Torresi, Attorney, with documents to be recorded Caring peapfe 515 Clark Avenue,P.O.Box 811 Quakily rragramx Ames Ereepnaw rf Se it ,IA 50010 Phone: 515-239-5105 Fax: 515-239-5142 April 9, 2014 Brian D. Torresi Attorney at Law 2605 Northridge Parkway, Ste. 101 Ames, Iowa 50010 RE: Sunset Ridge, 5"'Addition Dear Mr. Torresi: Pursuant to our Subdivision Ordinance that became effective June 1, 1999, copies of the recorded Final Plat documents must be received by the City Clerk within 30 days of the approval of the Final Plat by the City Council. The documents to be recorded for the above-named subdivision are attached. These documents are due back to the City Clerk's office by May 8, 2014. If they are not received, the City Council may initiate proceedings to revoke the Final Plat. Thank you, in advance, for your cooperation. Sincerely, Diane Voss City Clerk /dry Enclosures y . INSTttGDtENT PREPARE[)Bv: Brian D.Toiresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010 5177fl RE'rURN To: Brian D.Torresi,2605 Northridge Pk .,Ste. 101,Ames,IA 50010 CONSENT AND DEDICATION KNOW ALL PERSONS BY THESE PRESENTS: That HUNZIKER LAND DEVELOPMENT COMPANY,L.L.C.,does hereby covenant that it is the lawful owner of the following-described real estate situated in Story County, Iowa,to- wit: Outlot JJ, Sunset Ridge Subdivision Fourth Addition,Ames, Story County, Iowa The undersigned does hereby certify, acknowledge and declare that the platting of said real estate to be known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION,AMES,STORY COUNTY,IOWA,is with its free consent and in accordance with its desires as proprietor,and does fiirther hereby dedicate and set apart Lot `A', Public Street (Wilder Avenue, Allerton Drive, and Westfield Drive), as shown on said plat to the City of Ames, Iowa, for the perpetual use of the public. C Dated this day of March, 2014. (SIGNATURE PAGE FOLLOWS) I• HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C. By:_ ( De E. Hunziker, Mangger By: �: Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this eday of M h, 2014, by Dean E. Hunziker and Charles E. Winkleblack,as the Managers of Hunziker Land velopment Company, L.L.C. ry Publ c i and for the State of Iowa My commission expires ► - JILL M.ANDERSON Commission Number 745875 My m Espires 1\STRI'.N1ENT PREPARED BY: Brian D.Torresi,2605 Northrid a Pk .,Ste. 101, Antes. I 50010 (515)288-2500 MORTGAGEE'S CONSENT TO PLATTING AND PARTIAL RELEASE OF MORTGAGE WHEREAS, VisionBank of Iowa f/k/a Ames Community Bank (the "Mortgagee") is the present owner of that certain Open-End Mortgage given by Hunziker Land Development Company, L.L.C. dated November 29, 2011, and filed in the office of the Recorder of Story County, Iowa, on December 2, 2011, as Instrument No. 11-12128, and therefore, Mortgagee has an interest in the real property legally described as follows(the"Real Property"): Outlot JJ, Sunset Ridge Subdivision Fourth Addition, Ames, Story County, Iowa WHEREAS, the Mortgagee has been requested to consent to the platting of the Real Property to be known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY, IOWA, and to release the lien of said Mortgage as to certain real property being dedicated to the City of Ames, Iowa for use as a public street, and deems it advisable to do so; NOW,THEREFORE, for good and valuable consideration: 1. CONSENT. The Mortgagee agrees and consents to the platting of the Real Property to be known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY,IOWA. 2. RELEASE. The Mortgagee does hereby release the 1 ien of the Mortgage as to the real property legally described as follows: Lot A, Sunset Ridge Subdivision Fifth Addition, Ames, Story County, Iowa (the "Released Property'), and this instrument constitutes a release of the lien of the Mortgage only as to the Released Property and shall in no way affect the lien of the Mortgage as to the remaining portion of the Real Property, said lien remaining in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on its behalf on this. day of February, 2014. VISIONBAN F IOWA By: "is Brinkmeyer arket President STATE OF IOWA, COUNTY OF STORY, SS: This record was acknowledged before me on this ld^day of February, 2014, by Chris Brinkmeyer,the Market President of VisionBank of Io DONALD L. FATKA e. Commission Number 776053 Notary Public, State of Iowa My Commission Expires My commission expires 1 - O`1 1 S December 7, 2015 v ATTORNEY'S OPINION I,Brian D.Torresi,hereby state that I am an Attorney at Law,duly admitted to the practice of law in the State of Iowa, and an attorney at the Davis Brown Law Firm with offices at 2605 Northridge Parkway, Suite 101,Ames,Story County,Iowa. I further state that I have examined the Abstract of Title to the following-described real estate, to-wit: Outlot JJ, Sunset Ridge Subdivision Fourth Addition, Ames, Story County, Iowa (the"Real Estate")from the root of the title thereof,down to and including the 3 1"day of January, 2014,last certified by Abstract and Title Services of Story County,Ames,Iowa(Iowa Title Guaranty Division Member#8650). The Real Estate has now been subdivided and is now known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION,AMES, STORY COUNTY,IOWA. Based upon information within said Abstract of Title,it is my opinion that the fee simple title to the Real Estate is vested in Hunziker Land Development Company,L.L.C. The Real Estate is free from encumbrances excepting, however,that the Real Estate is subject to the following: 1. Easements of record and to zoning ordinances of the City of Ames,Iowa; 2. That certain Agreement Pertaining to the Subdivision Platting and Development of Land in the City of Ames Called Sunset Ridge Subdivision (the "Agreement') dated June 14, 2005, and filed in the office of the Recorder of Story County, Iowa, on October 10, 2005, as Instrument No. 05-12720, as the Agreement was supplemented by that certain Supplemental Agreement Pertaining to the Sunset Ridge Subdivision dated April 27,2010,and filed in the office of the Recorder of Story County,Iowa,on May 4,2010,as Instrument No. 10-03916,and as the Agreement was further supplemented by that certain Second Supplemental Agreement Pertaining to the Sunset Ridge Subdivision dated October 23, 2012, and filed in the office of the Recorder of Story County, Iowa, on February 20, 2013, as Instrument No. 13-01932; and S f 3. That certain Open-End Mortgage in the amount of$4,000,000.00 given to Ames Community Bank dated November 29,2011,and filed in the office of the Recorder of Story County, Iowa, on December 2, 2011, as Instrument No. 11-12128. Dated this 4t'day of March, 2014. DAVIS BROWN LAW FIRM By: - Brian D. Torresi,Attorney Iowa Title Guaranty Member No. 10046 INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 515 288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pk ., Ste. 101,Ames,IA 50010 CERTIFICATE OF THE TREASURER OF STORY COUNTY,IOWA I, Renee M. Twedt,Treasurer of Story County, Iowa,certify that the records in this office show that the real estate described in the attached plat and known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION,AMES,STORY COUNTY,IOWA,is free from certified taxes and certified special assessments. Dated this''0C day of February,2014. amw �Y1 • c-Lt/Kd. RE14EE M. TWEDT TREASURER, STORY COUNTY, IOWA Parcel No. 09-06-300-202 INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames, lA 50010(515)288-2500 RETURN To: I Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames, IA 50010 CITY OF AMES,IOWA RESOLUTION NUMBER 14-171 ACCEPTING PLAT OF SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES,STORY COUNTY,IOWA WHEREAS,there has been submitted to the City Council of the City of Ames,Iowa,a plat of real estate described as: Outlot JJ, Sunset Ridge Subdivision Fourth Addition,Ames, Story County, Iowa to be known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY, IOWA, and WHEREAS, the Department of Planning and Housing of the City of Ames, Iowa, has recommended that the plat be approved, and WHEREAS,the owner of said real estate,Hunziker Land Development Company,L.L.C., has executed a written Consent and Dedication declaring that the platting is with its free consent and is in accordance with its desires as proprietor, and WHEREAS. it is the opinion of the City Council of the City of Ames. Iowa, that the plat should be accepted and approved NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa, that the plat of SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY, IOWA, be and it is hereby accepted and approved. and BE IT FURTHER RESOLVED that the dedication of Lot 'A', Public Street (Wilder Avenue, Allerton Drive, and Westfield Drive) for public street services be and the same is hereby accepted for and on behalf of the City of Ames, Iowa, and that all of the acts of Hunziker Land Development Company,L.L.C. are hereby confirmed and approved by the City Council of the City of Ames, Iowa, on this 8 day of April , 2014. CITY OF AMES, IOWA BY CaywA4&9 ANN H. CAMPBELL, Mayor By-- (u � f, DIANE VOSS, City Clerk Moved by: Nelson Seconded By: Goodman Voting Aye: Betcher, Corrieri, Gartin, Goodman, Nelson, Orazem Voting Nay: None Absent: None Mayor Ann H. Campbell declared Resolution Number. 14-171 adopted. We. Ann H.Campbell and Diane Voss,being the duly elected and appointed Mayor and City Clerk, respectively, of the City of Ames, Iowa, do hereby certify that the above and foregoing Resolution Number 14-171 is a true and accurate copy of said Resolution;that said Resolution was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened meeting thereof on the 8 day of April , 2014. 2 • �6�v ANN H. CAMPBELL, Mayor DIANE VOSS, City Clerk 3 R { INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames, IA 50010(515)288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 CITY OF AMES,IOWA RESOLUTION NUMBER 14-171a ACCEPTING PUBLIC IMPROVEMENTS AND BOND ON SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES,STORY COUNTY,IOWA Be it resolved by the City Council for the City of Ames, Iowa, in accordance with the Certificate of the Municipal Engineer,the following public improvements required for approval of the final plat of SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY, IOWA have been satisfactorily completed in accordance with approved construction plans and the City Council accepts them as satisfactory and complete: erosion control,street lighting, curbs and ramps, and utilities. The Agreement for Public Improvements secured by a letter of credit in the amount of $85,000.00,is hereby authorized with respect to the balance of the public improvements required for approval of the final plat of the aforementioned subdivision. Dated this g day of April , 2014. CITY OF AMES, IOWA By law ANN H. CAMPBELL, Mayor • 1 f DIANE VOSS, City Clerk Moved by: Nelson Seconded By: Goodman Voting Aye: Betcher, Corrieri, Gartin, Goodman, Nelson, Orazem Voting Nay: None Absent: None Mayor Ann H. Campbell declared Resolution Number 14-171 a adopted. We,Ann H.Campbell and Diane Voss.being the duly elected and appointed Mayor and City Clerk, respectively, of the City of Ames, Iowa, do hereby certify that the above and foregoing Resolution Number 14-171a is a true and accurate copy of said Resolution;that said Resolution was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened meeting thereof on the 8 day of April , 2014. ANN H. CAMPBELL, Mayor DIANE VOSS, City Clerk 2 I�sTa[:n7ENT PREPARED Bt: Brian D. Torresi, 2605 Northridge Pkwy., Ste. 101,Ames, 1A 50010 515)288 'S00 RETURN To: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C., for good and valuable consideration, does hereby grant unto the CITY OF AMES, IOWA, and its successors and assigns, public utility easements upon, underground,over or across the following-described real estate: The South 5 feet,the West 10 feet, and the East 5 feet of Lot One(1); The West 10 feet and the East 5 feet of Lot Two(2); The West 10 feet and the East 5 feet of Lot Three(3); The West 10 feet and the East 5 feet of Lot Four(4); The West 10 feet and the East 5 feet of Lot Five(5); The West 10 feet,the North 10 feet, and the East 5 feet of Lot Six(6); The South 10 feet,the West 10 feet, and the North 5 feet of Lot Seven(7); The North 5 feet,the East 10 feet, and the South 10 feet of Lot Eight(8); The West 5 feet, the North 10 feet, and the East 10 feet of Lot Nine (9); The West 5 feet and the East 10 feet of Lot Ten(10); The West 5 feet and the East 10 feet of Lot Eleven(11); The East 10 feet,the South 5 feet,the West 5 feet,and the North 5 feet,except the East 125 feet thereof, of Lot Twelve(12); i r The North 5 feet and the South 5 feet of Lot Thirteen (13); The North 5 feet and the South 5 feet of Lot Fourteen(14); The North 5 feet and the South 5 feet of Lot Fifteen(15); The North 5 feet and the South 5 feet of Lot Sixteen(16); The North 5 feet and the South 5 feet of Lot Seventeen(17); The North 5 feet,the East 10 feet, and the South 5 feet of Lot Eighteen(18); All of Outlot P. AND. All of Outlot Q, all of the foregoing in SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY,IOWA. That undersigned further grant unto the CITY OF AMES,IOWA,and its successors and assigns, a storm sewer,surface water flowage,shared use path,storm water conveyance and detention,and open space easement upon, underground, over or across the following-described real estate: All of Outlot P; AND, All of Outlot Q, all of the foregoing in SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY, IOWA. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adjacent real estate caused by the failure to use due care in the exercise of the granted rights. Dated this_day of March, 2014. 2 HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C. r By: Dea . Hunziker,Mana er By: 0�'u E W-"� Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on thisd day of March, 2014, by Dean E. Hunziker and Charles E. Winkleblack,as the Managers of Hunziker Land D velopment Company, L.L.C. A ry Public in a d for the State of Iowa My commission expires -:�-/c] I� JILL M.ANDERSON Commission Number 745875 uti A MY '�� Pires 3 INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101, Ames, IA 50010(515) 288-2500 RE: uRN To: Brian D.Torresi,2605 Northridge Pkw .,Ste. 101,Ames,IA 50010 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are Hunziker Land Development Company, L.L.C. (the "Owner") and the City of Ames, Iowa (the"City"). WHEREAS, the Owner is in the process of platting a subdivision of real estate pursuant to Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY, IOWA (the"Subdivision"); and WHEREAS,the Owner is required to construct sidewalks and plant street trees as part of the platting procedure of the City; NOW, THEREFORE, in consideration of the premises, it is hereby understood and agreed that: 1. The Owner shall construct a sidewalk as required by the City for said Subdivision,in accordance with plans and specifications on file with the City's engineers and by this reference made a part of this Agreement,and plant the trees as required by Section 23.402 of the Municipal Code of the City of Ames,Iowa,before any building or zoning permit will be issued by the City with respect to affected lots; or, in the alternative, the Owner may obtain said permits and proceed with r construction pursuant to said permits, with the understanding that an occupancy permit under City ordinances shall be withheld until the sidewalks are completed and street trees planted as aforesaid. If the sidewalks are not completed or trees are not planted as aforesaid within twenty-four (24) months of the issuance of the permits, the said pen-nits shall be revoked, null and void. 2. This Agreement shall be filed for record in the office of the Story County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the land and shall endure and be binding on the parties hereto, their successors and assigns,for a period of twenty-one(21)years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. Dated this 3� day of March, 2014. HUNZIKER L ND DEVELOPMENT COMPANY, L.L.C. By: an E. Hunziker, Manager BY: ou E w'�—Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: p,,,� This record was acknowledged before me on thisP"` day of March, 2014, by Dean E. Hunziker and Charles E. Winkleblack, as the Managers of Hunziker Land De lopment Company, L.L.C. 4NotPublie(in d for the State of Iowa -CITY OF AVIES, IOWA- ��` `s, JILL M.ANDERSON :°ran :COmm"On Number 745875 •4"Ow0jor MY m �E)Ores By: 4;�lc Z_:� John Joiner Director of Public Works INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Arises, 1A 50010(515)288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C. (the"Owner") and the CITY OF AMES, IOWA (the"City"). WHEREAS, the Owner is in the process of platting real estate to be known as SUNSET RIDGE SUBDIVISION FIFTH ADDITION,AMES, STORY COUNTY, IOWA; and WHEREAS,the Owner is required to construct certain improvements and utilities within the real estate, to-wit: erosion control, street lighting, curbs and ramps, and utilities. NOW, THEREFORE, in consideration of the premises, it is hereby agreed that the Owner shall deposit with the City a surety bond, letter of credit, or certified check in the amount of $85,000.00 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before the 3 day of Mach , 2015. IT IS FURTHER AGREED that City reserves the right to construct said improvements and utilities in the event Owner fails to do so as herein agreed, and to cover the costs thereof with the letter of credit. y IT IS FURTHER AGREED that upon satisfactory completion of the said improvements and utilities, including the paying of reasonable engineering and inspection fees therefore, the letter of credit shall be released. rd Dated this 3 day of March, 2014. HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C. By: DeA E. Hunziker, Manager By: �" Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS:This record was acknowledged before me on this3 WXday of March, 2014, by Dean E. Hunziker and Charles E. Winkleblack, as the Managers of Uthe Development Company, L.L.C. z----4LA IRL( ot, "y Publ• in a for the State of Iowa y commission expire' 61 Ue CITY OF AMES, IOWA � `•s JILL M.ANDERSON ; ;Commission Number 745875 Expires By: J Joiner Director of Public Works N.SOM AVBIi/C.R. W-M ---------------------------- n ' ' S i�^ 3 EA� '� R$A.9. a 97 99_ H 64� V_ z r q `sn-- s asa ass ! i law; ^JAX if. SaYi. H�8 ■■ d ESL R FL3 S.P �Zz P $$t $$$ 19. d NN p t.A 6b: Ott •fo= 7 4 � pp ' lk nr� Laf A _ n 'u wno�s. M7LOS AVEME (65') �n Hy 29 �U) g 6 .e G !� Y "4.Y . OFF Elf 41 5TUMB0 4 A550G I ATES FINAL PLAT a,,, .,, , ; ..;;,� ,n;. . . SUNSET RIDGE SUBDIVISION �°`��"` "" ' " °' �; °inYe01r«i e•r•ar; wr:;•io.:ro in.i i n a o LAND 5URVEYINCG FIFTH ADDITION , 37167 A SUED ')F SUNSET RIDGE SUBDIVISION FOURTH ADON.. �+' 510 S.ON STREET,SUITE 102 ANES, 34P. SOOiO AMES. STOF7v COUNTY, IOWA. KY""""" '"��'"�` '�0e'ibi"' �1° � o.• PHONE SIr233-368�1 FAX 515-23 - 4403 JOB #1E494FP5 DATE: 3125114 PAGE: 1 of 1