HomeMy WebLinkAbout~Master - Scenic Valley, 4th Addfition Instrument #: 2019-06213
07/19/2019 03:01 :44 PM Total Pages: 18
SURV SURVEYS AND PLATS
Recording Fee: $ 107.00
Stacie Herridge, ecorder, Story County Iowa
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INDEX LEGEND
o OUTLOT'X',SCENIC VALLEY FIRST ADDITION AND OUTLOT
LOCATION 'W,SCENIC VALLEY SECOND ADDITION,AND PARCEI'U'IN
SEC.20-R424,STORY COUNTY,IOWA
HUNZIKER DEVELOPMENT GROUP a
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AMES,IA 50D1D
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PROPRIETOR: AMES,IA 50010
SURVEYOR: EUGENE R.DREYER PLS R 17535 J
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COMPANY: BOLTON&MENK,INC.
EUGENE DREYER,BOLTON&MENK,INC.1519 RAITIMORE
LTO: 0ftIVE,AMES,IA 50010(515)233-6100 At
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INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkwy.,Ames,IA 50010(515)288-2500
RETURN To: Brian D. Torresi,2605 Northridge PKwy.,Ames,IA 50010
CONSENT AND DEDICATION
KNOW ALL PERSONS BY THESE PRESENTS:
That HUNZIKER DEVELOPMENT GROUP,LLC, does hereby covenant that it is the
lawful owner of the following-described real estate situated in Story County, Iowa, to-wit:
Parcel"U"a part of the Southeast Quarter(SE'/4)of the Southeast Quarter(SE'/4)of
Section Twenty (20), Township Eighty-four (84) North, Range Twenty-four (24)
West of the 5`P.M., Ames, Story County, Iowa, as shown on the "Plat of Survey"
filed in the office of the Recorder of Story County, Iowa,on December 23, 1999, as
Instrument No. 99-16786, Slide 50, Page 3, AND Outlot X, Scenic Valley
Subdivision First Addition, Ames, Story County, Iowa, AND Outlot W, Scenic
Valley Subdivision Second Addition, Ames, Story County, Iowa
The undersigned does hereby certify, acknowledge and declare that the platting of said real
estate to be known as SCENIC VALLEY SUBDIVISION FOURTH ADDITION, AMES,
STORY COUNTY,IOWA,is with its free consent and in accordance with its desires as proprietor,
and does further hereby dedicate and set apart Lot`A',Public Street(Barcelos Street,Aldrin Avenue,
and Everest Circle)and Lot `13% Public Street(George W Carver Avenue),as shown on said plat to
the City of Ames, Iowa,, and the perpetual use of the public.
Dated this day of April, 2019.
(SIGNATURE PAGE FOLLOWS)
1 �y 3
HUNZIKER DEVELOPMENT GROUP, LLC
Justin R. Do ge, Manager
By: a 4
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, SS: �—
This record was acknowledged before me on thi�Jay April,2019,by Justin R.Dodge
and Charles E. Winkleblack, as the Managers of Hunziker Developme Group, LLC.
—— No Pu in d for the State f Iowa
E'�011 JENNIFER KAPAUN My com i sion expires 3 eCommission Number 783061
My Cgmm ion Expir es 2
s
INSTRUMENT PREPARED BY: I Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
LIENHOLDER'S CONSENT TO PLATTING
AND PARTIAL RELEASE OF LIEN
WHEREAS, Xenia Rural Water District (the "Lienholder") is the present owner and holder of
certain lien rights given by a predecessor in title to Hunziker Development Group, LLC,pursuant to that
certain Agreement Pertaining to the Release of Service Territory Rights and Covenant for Assessment
dated January 17, 2014, and filed in the office of the Recorder of Story County, Iowa, on January 29,
2014, as Instrument No. 2014-00000791 (the "Agreement"), and therefore, Lienholder has an interest in
the real property described as follows(the"Real Property"):
Parcel "U" a part of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/) of
Section Twenty(20),Township Eighty-four(84)North, Range Twenty-four(24)West of
the 5th P.M., Ames, Story County, Iowa, as shown on the "Plat of Survey" filed in the
office of the Recorder of Story County, Iowa, on December 23, 1999, as Instrument No.
99-16786, Slide 50, Page 3, AND Outlot X, Scenic Valley Subdivision First Addition,
Ames, Story County, Iowa,AND Outlot W, Scenic Valley Subdivision Second Addition,
Ames, Story County,Iowa
WHEREAS, the Lienholder has been requested to consent to the platting of said Real Property to
be known as SCENIC VALLEY SUBDIVISION FOURTH ADDITION,AMES, STORY COUNTY,
IOWA, and to release the lien of the Agreement 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 Lienholder agrees and consents to the platting of said real property
described herein to be known as SCENIC VALLEY SUBDIVISION FOURTH ADDITION, AMES,
STORY COUNTY,IOWA.
2. RELEASE. The Lienholder does hereby release the lien of the Agreement as to the real
property legally described as follows:
Lots A and B, Scenic Valley Subdivision Fourth Addition,Ames, Story County, Iowa
(the"Released Property'), and this instrument constitutes a release of the lien of the Agreement only as to
the Released Property and shall in no way affect the lien of the Agreement as to the remaining portion of
the Real Property,said lien remaining in full force and effect.
�9 �
IN WITNESS WHEREOF, the Lienholder has caused this instrument to be executed on its behalf
on this day of ,2019.
XENIA RURAL WATER DISTRICT
By: ' .-`�
(a�v u... , CEO/General Manager
Attest:
i , Office Manager
STATE OF IOWA,_L.&JI&OUNTY, SS:
This record was acknowledged before me on this 30 day of r,12019, by
and b , as the CEO/General Manager and the Office, Manager, respective y, of Xenia
Rural Water District.
NANCY J TIERNEY Notat ublic, to of Iowa
i � Corm"Ion Number 710540 My commission expires 7 23 f
my Comrnksion Expires
+JEEP
July 23,2019
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INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 246-7860
RETURN TO: Hunziker Development Company,LLC, 105 S. 161 St.,Ames,IA 50010
PARTIAL COVENANT/LIEN RELEASE
KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned,XENIA RURAL
WATER DISTRICT, a rural water district incorporated and organized under Chapter 357A of the Iowa
Code,the present holder or owner of certain rights related to the payment of assessments under that
certain Agreement Pertaining to the Release of Service Territory Rights and Covenant for Assessment
dated January 17, 2014, and filed in the office of the Recorder of Story County,Iowa, on the 29th day of
January,2014,as Instrument No. 2014-00000791 (the"Agreement"),does hereby acknowledge that the
Agreement is redeemed,paid off, satisfied,and discharged in full with respect to the real property legally
described as follows:
Lots One (1)through Twenty-three (23), Outlot A, Outlot B, Outlot C, Outlot D,
Outlot E, and Outlot F, Scenic Valley Subdivision Forth Addition, Ames, Story
County, Iowa, AND Lot A, Lot B, and Outlots B, C, D, and E, Scenic Valley
Subdivision First Addition Ames, Story County, Iowa, AND Outlot C, Scenic
Point Subdivision First Addition,Ames, Story County,Iowa
Words and phrases herein, including acknowledgement hereof, shall be construed as in the
singular or plural number, and as masculine, feminine,or neuter gender,according to the context.
Dated this 13 day of June,2019
XENIA RURAL WATER DISTRICT,Xenia
By:
Gary Benjamin,Office Manager
Attest:
4J -
Corey Iben, Office Manager
STATE OF IOWA,DALLAS COUNTY, SS:
This record was acknowledged before me on this 13 day of June, 2019,by Gary Benjamin and
Corey Iben, as the General Manager/CEO and Office Manager,respectively,of Xenia Rural Water
District.
c a7com�y
No ary Pu li State of IowaMy commission expires
�23
P5�
INSTRUMENT PREPARED BY: I Brian D.Torresi,2605 Northridge Pk .,Ames,IA 50010 515 288-2500
MORTGAGEE'S CONSENT TO PLATTING
AND PARTIAL RELEASE OF MORTGAGE
WHEREAS,VisionBank of Iowa(the "Mortgagee")is the present owner of that certain mortgage
given by Hunziker Development Company, LLC, dated May 11, 2018, and filed in the office of the
Recorder of Story County, Iowa, on June 8, 2018, as Instrument No. 18-04938, and therefore, Mortgagee
has an interest in the real property described as follows(the"Real Property"):
Parcel "U" a part of the Southeast Quarter (SE'/4) of the Southeast Quarter
(SE'/4) of Section Twenty (20), Township Eighty-four (84) North, Range
Twenty-four (24) West of the 5' P.M., Ames, Story County, Iowa, as shown
on the "Plat of Survey" filed in the office of the Recorder of Story County,
Iowa, on December 23, 1999, as Instrument No. 99-16786, Slide 50, Page 3,
AND Outlot X, Scenic Valley Subdivision First Addition, Ames, Story
County, Iowa, AND Outlot W, Scenic Valley Subdivision Second Addition,
Ames, Story County,Iowa
WHEREAS, the Mortgagee has been requested to consent to the platting of said Real Property to
be known as SCENIC VALLEY SUBDIVISION FOURTH 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 said real property
described herein to be known as SCENIC VALLEY SUBDIVISION FOURTH ADDITION, AMES,
STORY COUNTY,IOWA,
2. RELEASE. The Mortgagee does hereby release the lien of the Mortgage as to the real
property legally described as follows:
Lots A and B, Scenic Valley Subdivision Fourth 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.
r
IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on its behalf
on this A—PITa--yof April,2019.
VISIONBANK OF I A
By: �
STATE OF IOWA, COUNTY OF STORY, SS:
�his cord was ackn wled d b ore m on this of April, 2019, by
` �' �¢ the t ' VisionBank of Iowa.
JENNIFER KAPAUN
Commission Number 783061 Not b ' tate To
My Commission Expires My Comm 'on expires
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,Ames,Story County,Iowa. I further state that I have examined the Abstract of
Title to the following-described real estate, to-wit:
Parcel"U"a part of the Southeast Quarter(SE'/)of the Southeast Quarter(SE'/)of
Section Twenty (20), Township Eighty-four (84) North, Range Twenty-four (24)
West of the 5`h P.M., Ames, Story County, Iowa, as shown on the"Plat of Survey"
filed in the office of the Recorder of Story County, Iowa,on December 23, 1999, as
Instrument No. 99-16786, Slide 50, Page 3, AND Outlot X, Scenic Valley
Subdivision First Addition, Ames, Story County, Iowa, AND Outlot W, Scenic
Valley Subdivision Second Addition, Ames, Story County, Iowa
(the "Real Estate") from the root of the title thereof, down to and including the 30th day of April,
2019,at 10:29 a.m.,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 SCENIC VALLEY SUBDIVISION FOURTH 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 Development Group,LLC. The Real Estate is subject to
easements of record and to zoning ordinances of the City of Ames, Iowa, as well as the following:
1. That certain Open-End Real Estate Mortgage in the amount of$1,335,000.00 given to
VisionBank of Iowa,dated May 11,2018,and filed in the office of the Recorder of Story
County, Iowa, on June 8, 2018, as Instrument No. 18-04938; and
2. That certain Agreement Pertaining to the Release of Service Territory Rights and
Covenant for Assessment given to Xenia Rural Water District dated January 17, 2014,
pp �
1� .
and filed in the office of the Recorder of Story County, Iowa, on January 29, 2014, as
Instrument No. 14-00791, as supplemented by that certain Supplement to Release of
Service Territory Rights Agreement dated May 2, 2014, and filed in the office of the
Recorder of Story County, Iowa, on August 14, 2015, as Instrument No. 15-07891.
Dated this 30th day of April, 2019.
DAVIS BROWN LAW FIRM
By.
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046
�y.�l
INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkwy.,Ames,IA 50010(515)288-2500
RETURN To: I Brian D. Torresi,2605 Northridge Pjqvy.,Ames,IA 50010
CERTIFICATE OF THE TREASURER OF STORY COUNTY, IOWA
I, Ted Rasmusson, 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 SCENIC VALLEY
SUBDIVISION FOURTH ADDITION, AMES, STORY COUNTY, IOWA, is free from
certified taxes and certified special assessments.
Dated this day of April, 2019.
TED RASMUSSON
TREASURER, STOR OUNTY, IOWA
Parcel Nos. 05-20-400-410 (Parcel U)
05-29-210-001 (Outlot X, 1 st Addition)
05-29-220-004 (Outlot W, 2nd Addition)
_ P
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A^Ar
00
LUCY MARTIN
Story County Auditor
o'rand
County Commissioner of Elections
IOWA•1853
Office of the Auditor
Approval of Subdivision Plat Name by Story County Auditor
Date Q'7 ' i 9 -C i2�
The Story County Auditor's Office has reviewed the final plat of:
vCeWbC_ UCL(ke SWvc-)aW &r--av\ �C)LKT-��\
Pursuant to Iowa Code §354.6(2) and §354.11(5), we approve of the subdivision name or title
and have no objections to this subdivision plat being recorded.
Signed
County Auditor of Story County, Iowa
SEAL)
Story County Administration, 900 Sixth Street, Nevada, Iowa 50201-2087
515-382-7210 Fax 515-382-7221
Assistant Auditor: Lisa M. Markley
Deputies: Kevin C. Norris • Rhonda S. Sykes
www.storycountyiowa.gov/auditor
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pk".,Ames,IA 50010(515)288-2500
RETURN To: I Brian D.Torresi,2605 Northridge P!M.,Ames,IA 50010
CITY OF AMES, IOWA
RESOLUTION NUMBER 1 q_34,9
ACCEPTING PLAT OF SCENIC VALLEY SUBDIVISION
FOURTH 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:
Parcel"U"apart of the Southeast Quarter(SE%)of the Southeast Quarter(SE'/)of
Section Twenty (20), Township Eighty-four (84) North, Range Twenty-four (24)
West of the 5t'P.M., Ames, Story County, Iowa, as shown on the"Plat of Survey"
filed in the office of the Recorder of Story County, Iowa,on December 23, 1999,as
Instrument No. 99-16786, Slide 50, Page 3, AND Outlot X, Scenic Valley
Subdivision First Addition, Ames, Story County, Iowa, AND Outlot W, Scenic
Valley Subdivision Second Addition, Ames, Story County, Iowa
to be known as SCENIC VALLEY SUBDIVISION FOURTH 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 Development Group,LLC,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
� ly
5
a
should be accepted and approved
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,
that the plat of SCENIC VALLEY SUBDIVISION FOURTH 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 (Barcelos
Street,Aldrin Avenue,and Everest Circle)and Lot`B' (George W Carver Avenue),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 Development Group, LLC are hereby confirmed and approved by the City
Council of the City of Ames, Iowa, on this 9th day of July , 2019.
CITY OF AMES, IOWA
B
JOHN AILA, Mayor
4
DIANE VOSS, City Clerk
Moved by: Gartin
Seconded By: Corrieri
Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Nelson
Voting Nay: None
Absent: Martin
Mayor John Haila declared Resolution Number 1 -348 adopted.
We,John Haila 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 19-348 is a true and accurate copy of said Resolution;that said Resolution
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was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened
meeting thereof on the 9th day of 2019.
JOHN HAILA, Mayor
IANE VOSS, City Clerk `
ey
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3
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
CITY OF AMES, IOWA
RESOLUTION NUMBER 19-348a
ACCEPTING PUBLIC IMPROVEMENTS AND BOND ON
SCENIC VALLEY SUBDIVISION FOURTH 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 SCENIC VALLEY SUBDIVISION FOURTH 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(COSESCO),
street lights, street trees, sanitary sewer and manhole,pavement, sidewalks, storm sewer, subgrade
preparation,pavement, and street widening.
The Agreement for Public Improvements secured by a letter of credit in the amount of
SEVEN HUNDRED FORTY THOUSAND THREE HUNDRED SEVENTY DOLLARS and
35/100($740,370.35)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 9, day of July , 2019.
(0 p-a
1
CITY OF AMES, IOWA
W_::�) I
JOHN HAILA, Mayor
By
DIANE VOSS, City Clerk
Moved by: Gartin
Seconded By: Corrieri
Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Nelson
Voting Nay: None
Absent: Martin
Mayor John Haila declared Resolution Number 19-348a adopted.
We,John Haila 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 19-348a 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 9th day of July , . 2019,
•
JOHN HAILA, Mayor
DIANE VOSS, City Clerk