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9 03 000~�yo� o SURV SURVEYS AND PLATS
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7FOXEN61NEERINC� FINAL PLATCertification: I hereby certifythatthis land Surveying PpLEY SdOcuaeorawasnd praparetl and threlatd•urvayork Maeparfarae0 0 CEFOURTH ADDITION TO by e pr undermy tlirect personalauperviei0n and that Ias sSSOG I ATES, I NG. duly c"Land yor under the leis of the state of IOda. Q i7i83
SOUTHWOOD SUBDIVISION ate:414 5. 1-Ith STREET, SUITE 10? AME5, IONA 50010 icenneee
PHONE 515-255-0000 my license reneNa1 tl e Ss December 31, 2019 �4�01oWS �
JOB #5069-19A DATE: 7/09/19 PAGE: 1 of 1
2019-07690 SURV 08/23/2019 04:01:49 PM Page 2 of 11
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
KNOW ALL PERSONS BY THESE PRESENTS:
That FHS AMES 1,L.P. and FHS AMES 2,L.P.,do hereby covenant that they are the
lawful owners of the following-described real estate situated in Story County,Iowa,to-wit:
Lots Three (3) and Four (4) in Block One (1) of First Addition to Southwood
Subdivision,Ames,Story County,Iowa AND Parcel"C"of Lots One(1)and Two
(2) of Third Addition to Southwood Subdivision, Ames, Story County, Iowa, as
shown on the"Plat of Survey"filed in the office of the Recorder of Story County,
Iowa,on March 8,2019,as Instrument No.2019-01596
The undersigned do hereby certify, acknowledge and declare that the platting of said real
estate to be known as FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES,
STORY COUNTY, IOWA, is with their free consent and in accordance with their desires as
proprietors.
Dated thisLat day of June,2019.
(SIGNATURE PAGE FOLLOWS)
a
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SIGNATURE PAGE OF
CONSENT
FHS AMES 1,L.P.
By: FHS INVESTMENTS,LLC,General Partner
By: 5cz�
Mark F. mens,Manager
STATE OFW"A'A,A--,COUNTY OF •:
This record was acknowledged before me on this/9 day of June,2019,by Mark F.Simens,
a Manager of FH__S InvespneW a General Partner of FHS Ames 1,L.P.
poi ICIAmss ANN Ww)A2126011
� Commf�iion s 21260t2
_ -� Nomy Publk.CaINanU
Cohn Cap CWj" Notary Public,State of
My commission expires 9 !e -Z�/
FHS AMES 2,L.P.
By: FHS INVESTMENTS,LLC,General Partner
By:
Mark DjSimens,Manager
STATE OF C�114-,--;— ,COUNTY
This record was acknowledged before me on this�_day of June,2019,by Mark F.Simens,
a Manager of FHS Investments,LLC,the General Partner of FHS Ames 22,,L.P.
MT 00 =NCOtlAT
�CMri4doe 0 212 012 Notary Public,State of
08we WIN COW4 My commission expires 6 -24
In
t
2
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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 Finn with offices at 2605
Northridge Parkway,Ames,Story County,Iowa. I further state that I have examined the Abstract of
Title,in one(1)part,to the following-described real estate,to-wit:
Lots Three (3) and Four (4) in Block One (1) of First Addition to Southwood
Subdivision,Ames,Story County,Iowa
(collectively,the"First Addition Parcels");
AND
Parcel "C" of Lots One (1) and Two (2) of Third Addition to Southwood
Subdivision,Ames,Story County,Iowa,as shown on the"Plat of Survey"filed in the
office of the Recorder of Story County,Iowa,on March 8,2019,as Instrument No.
2019-01596
("Parcel-C")(the First Addition Parcels and Parcel-C are hereinafter collectively referred to as the
"Real Estate")from the root of the title thereof,down to and including the 7th day of June,2019 at
8:00 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
FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY,
IOWA.
Based upon information within said Abstract of Title,it is my opinion that the fee simple title
to the First Addition Parcels is vested in FITS Ames 2,L.P.and the fee simple title to Parcel-C is
vested in FHS Ames 1,L.P.and FHS Ames 2,L.P. 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. Memorandum of Lease between JRC Ames Limited Partnership ("JRC") and
KMART Corporation dated July 15, 1994,and filed in the office of the Recorder of
Story County, Iowa, on August 15, 1994, as Instrument No. 94-09262 ("Lease
Memo-F);
2. Reciprocal Easement and Operation Agreement between JRC, Dalan/Jupiter, Inc.
("Dalan"),and Aldi,Inc.("Aldi")dated October 27, 1994,and filed in the office of
the Recorder of Story County,Iowa,on November 10, 1994,as Instrument No.94-
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11981, as amended by that certain First Amendment to Reciprocal Easement and
Operation Agreement dated May 15, 1997,and filed in the office of the Recorder of
Story County,Iowa,on May 23,1997,as Instrument No.97-05024,and as assigned
by that certain Assignment of Rights Under Reciprocal Easement and Operation
Agreement dated May 15, 1997, and filed in the office of the Recorder of Story
County,Iowa,on May 23, 1997,as Instrument No.97-05027;
3. Covenants, Conditions, Restrictions and Reciprocal Rights Agreement between
Dalan and Aldi dated October 27, 1994, and filed in the office of the Recorder of
Story County, Iowa, on November 10, 1994, as Instrument No. 94-11982, as
supplemented by that certain Agreement dated May 15, 1997,and filed in the office
of the Recorder of Story County, Iowa, on May 23, 1997, as Instrument No. 97-
05023, as amended by that certain First Amendment to Covenants, Conditions,
Restrictions and Reciprocal Rights Agreement dated May 15, 1997,and filed in the
office of the Recorder of Story County,Iowa,on May 23, 1997,as Instrument No.
97-05025,and as assigned by that certain Assignment of Rights Under Covenants,
Conditions,Restrictions and Reciprocal Rights Agreement dated May 15,1997,and
filed in the office of the Recorder of Story County, Iowa, on May 23, 1997, as
Instrument No.97-05028;
4. Consent Agreement and Covenant Not to Build between Dalan and Buddy Taub
dated November 30, 1994,and filed in the office of the Recorder of Story County,
Iowa,on January 17, 1995,as Instrument No.95-00428;
5. Memorandum of Lease between Dalan and Staples,Inc.("Staples")dated February
14, 1997,and filed in the office of the Recorder of Story County,Iowa,on April 28,
1997,as Instrument No. 97-04031 ("Lease Memo-2");
6. Memorandum of Lease between Dalan and Staples dated February 14, 1997, and
filed in the office of the Recorder of Story County, Iowa, on May 23, 1997, as
Instrument No.97-05021 ("Lease Memo-3");
7. Memorandum of Lease between Dalan and Cinemark USA,Inc.("Cinemark")dated
May 16, 1997,and filed in the office of the Recorder of Story County,Iowa,on May
23,1997,as Instrument No.97-05022,as amended pursuant to that certain Affidavit,
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with attachments,dated April 15, 1998, and filed in the office of the Recorder of
Story County,Iowa,on April 23, 1998, as Instrument No. 98-05051 (collectively,
"Lease Memo-4") (Lease Memo-1, Lease Memo-2, Lease Memo-3, and Lease
Memo-4 are hereinafter collectively referred to as the"Lease Memos");and
8. Parking Area Improvement Agreement between Pine Tree Ames,L.L.C.,Cinemark,
Richard D.Freemon,Trustee of the Richard D.Freemon Restated Revocable Tryst
dated August 11, 1994,and George F.Hartman and Maria S.Hartman,Co-Trustees
of the Maria and George Hartman Revocable Trust dated December 18, 1985 dated
November 30,2000,and filed in the office of the Recorder of Story County,Iowa,on
February 8,2001,as Instrument No.01-01473.
Furthermore, based upon information within said Abstract of Title and within the Lease
Memos,FHS Ames 1,L.P.and FHS Ames 2,L.P.were the only parties required to provide consent
with respect to the subdivision of the Real Estate pursuant to Iowa Code§ 354.11(1)(a).
Dated thisday of July,2019.
DAVIS BROWN LAW FIRM
By: _
Brian D.Torresi,Attorney
Iowa Title Guaranty Member No. 10046
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INSTRUMENT PREPARED BY: Brian D.Torresi 2605 Northridge Pkwy.,Amm,IA 50010 515 288-2500
RETURN TO: Brian D.Torresi 2605 Northridge Pkwy.,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 FOURTH ADDITION
TO SOUTHWOOD SUBDIVISION,AMES,STORY COUNTY,IOWA,is fine from certified
taxes and certified special assessments.
Dated this day of June,2019.
��
TED RASMUSSON
TREASURER,STORY COUNTY,IO.WA' `
Parcel Nos. 09-11-375-100 - ' ••
09-11-375-150
09-11-380-030 =_ y' t '�. '`^'
09-11-380-040 i-
�; �f'•. �'
tea'•.,•�,,� :••';�o ;'
t \
2019-07690 SURV 08/23/2019 04:01:49 PM Page 9 of 11
INMUMIENT 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 19-350
ACCEPTING PLAT OF FOURTH ADDITION TO
SOUTHWOOD SUBDIVISION,
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:
Lots Three (3) and Four (4) in Block One (1) of First Addition to Southwood
Subdivision,Ames,Story County,Iowa AND Parcel"C"of Lots One(1)and Two
(2) of Third Addition to Southwood Subdivision, Ames, Story County, Iowa, as
shown on the"Plat of Survey"filed in the office of the Recorder of Story County,
Iowa,on March 8,2019,as Instrument No.2019-01596
to be known as FOURTH ADDITION TO SOUTHWOOD SUBDMSION,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 owners of said real estate,FHS Ames 1,L.P.and FHS Ames 2,L.P.,have
executed a written Consent declaring that the platting is with their free consent and is in accordance
with their desires as proprietors,and
WHEREAS, it is the opinion of the City Council of the City of Ames, Iowa,that the plat
i
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should be accepted and approved
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,
that the plat of FOURTH ADDITION TO SOUTHWOOD SUBDIVISION,AMES,STORY
COUNTY,IOWA,be and it is hereby accepted and approved,and
BE IT FURTHER RESOLVED that all of the acts of FHS Ames 1,L.P.and FHS Ames 2,
L.P. are hereby confirmed and approved by the City Council of the City of Ames, Iowa,on this
9th day of it,7y 12019.
CITY OF AMES,IOWA
By
JOHN HAILA,Mayor
B
DIANE VOSS,City Clerk
Moved by: Beatty-Hansen
Seconded By: Corrieri
Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Nelson
Voting Nay: None
Absent: Martin
Mayor John Haila declared Resolution Number 19-350 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 19-350 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.
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JOHN(�HAILA,Mayor
DIANE VOSS,City Clerk 1° j
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