HomeMy WebLinkAboutA044 - Notice of Voluntary Settlement Mendard vs Ames City Board of Review NOTICE OF VOLUNTARY SETTLEMENT
TO: City of Ames, Iowa
Ames Community School District
Gilbert Community School District
United Community School District
Story County Medical Center Board of Trustees
Story County Board of Supervisors
Des Moines Area Community College
Each of the foregoing is served notice hereby of a voluntary settlement in the case
of Menard, Inc., vs. Ames City Board of Review, (District Court Docket No.
CVCV052775), whereby the fair market value as of January 1, 2022, will be set at
$17,000,000, a reduction, the valuation appealed having been $18,955,600 for property
locally known as 700 SE 16`h Street, Ames, Iowa. This is a legal notice under Section
441.44, Code of Iowa. No action is required.
Mailed to the above-named parties this 14'' day of February, 2023.
Mark O. Lambert
Attorney for Board of Review
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E-FILED CVCV052775 -2023 FEB 14 10:09 AM STORY
CLERK OF DISTRICT COURT Page 1 of 2
IN THE IOWA DISTRICT COURT FOR STORY COUNTY
MENARD INC. Case No. CVCV052775
Plaintiff-Appellant,
vs. FINAL ORDER, JUDGMENT
AND DECREE
CITY OF AMES BOARD OF REVIEW,
Defendant-Appellee.
The file in the above-captioned matter has been presented to the Court. The Court notes
that the parties have executed and filed a Stipulation for Voluntary Settlement and counsel for
the parties have approved this Final Order, Judgment, and Decree.
After reviewing the file, and being fully advised in the premises,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1. The Stipulation for Voluntary Settlement filed by the parties is approved.
2. In accordance with the Stipulation for Voluntary Settlement approved hereby, the
assessed value for the property known as Parcel No: 09-14-225-040, 700 SE 161h Street, Ames,
Iowa, shall be$18,955,600 for the January 1, 2022, assessment. Said assessed value shall be
allocated as follows: $1,295,000 to the land and $15,705,000 to the improvements.
3. This Final Order, Judgment, and Decree shall be certified by the Clerk of Court to
the Story County Auditor and the Ames City Assessor, who shall correct the assessment books
accordingly.
4. Court costs in this matter are assessed to Plaintiff.
E;-FILED CVCV052775 -2023 FEB 14 10:09 AM STORY
CLERK OF ICT COURT Page 2 of 2
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State of Iowa Courts
Case Number Case Title
CVCV052775 MENARD INC VS CITY OF AMES BOARD OF REVIEW
Type: ORDER FOR JUDGMENT
So Ordered
,James C. Ellefson, District Court,Judge
Second,Judicial District of Iowa
Electronically signed on 2023-02-14 10:09:27
E-FILED 2023 FEB 13 4:44 PM STORY-CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR STORY COUNTY
MENARD INC. Case No. CVCV052775
Plaintiff-Appellant,
vs. STIPULATION FOR
VOLUNTARY SETTLEMENT
CITY OF AMES BOARD OF REVIEW,
Defendant-Appellee.
Plaintiff-Appellant and Defendant, by and through their respective attorneys and
representatives, hereby enter the following Stipulation for Settlement of the above-captioned
matter.
I. Pursuant to Iowa Code Section 441.38 and 441.39, Plaintiff brought the above-
captioned matter as a Petition on Appeal from an action of the Board of Review of the City of
Ames, Iowa, setting the assessed value of the property involved as of January 1, 2022.
2. The assessment involved herein and appealed from is the January 1, 2022,
assessment of the real estate and improvements known as Parcel No: 09-14-225-040, and
locally known as 700 SE 16`h Street, Ames, Iowa.
3. The parties have had an opportunity to review, analyze, and discuss the basis of
this litigation since the filing of Plaintiff-Appellant's Petition, and based upon said review,
analysis and discussion and in an effort to reduce or eliminate the costs of litigation, the
parties desire to amicably conclude this matter based upon what the parties believe to be a
reasonable assessment valuation.
E-FILED 2023 FEB 13 4:44 PM STORY-CLERK OF DISTRICT COURT
4. The parties have agreed for purposes of this appeal that the assessed value of
the above-described parcel as of January 1, 2022, shall be $17,000,000. The total assessment
amount is allocated to land in the amount of$1,295,000 and to improvements in the amount of
$15,705,000.
5. The court costs in this matter shall be assessed to the Plaintiff.
6. Written notice of this voluntary settlement has been served upon all
interested taxing bodies pursuant to Iowa Code section 441.44.
WHEREFORE, the Plaintiff-Appellant and Defendant-Appellee jointly request that
the Court approve and confirm this Stipulation for Voluntary Settlement, and that the Court
enter an order implementing the terms of this Stipulation.
BROWN, WINICH, GRAVES, GROSS AND AMES CITY BOARD OF REVIEW
BASKERVILLE, P.L.C.
By: /s/Brant D. Kahler By: /s/ Shari Plaggge
Brant D. Kahler Shari Plagge, Ames City Assessor
Ruan Center For the AMES CITY BOARD OF REVIEW
666 Grand Avenue, Suite 2000
Des Moines, IA 50309
Telephone: (515) 242-2430
Brant.kahler@brownwinick.com By: /s/Mark 0. Lambert
Mark 0. Lambert, AT0004413
ATTORNEY FOR PLAINTIFF-APPELLANT Ames City Attorney
515 Clark Avenue, P. 0. Box 811
Ames, IA 50010
Telephone: (515) 239-5146
Facsimile: (515) 239-5142
ATTORNEY FOR DEFENDANT-APPELLEE
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