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Home My WebLink About~Master - Deery Subdivision, Plat 2 F HiiQ .. m }p • o N � CV) m o+ o mite c ,p m V 31 � C Z W o m �w w y 6 � — a p � ^ d WWoo D DZ 0O' D_of L a mo O 0Q WQ i9 r.m ql 0% L00 a z U °UZ a No� m� a cc ow a� U ON. ao¢ m fQ a Z vo 02o m 3t ur Ena m 07 01 w e Q S ° .+m>LL'I- N c m p E; Eow cm �Q to m m LN �� e W 8p HE W c MEAM °= cp Z mU c`v y Z 0,0 ►+mv,zv, v O c c- 0 m j w o J Q.� v v°i E 0rim�N �o �9 O � -mUQ aCj `mc (U WOY W ° m Z Nt�p tA� na o �2a, o om �� g � W °�yUa W >p a a. wz�N Zo^ mJ 1, Z c o mL > Lil ow W owc) 3 c I ~ It OLwZQ� Z a Z W t�n ZW� m oyO o�0 � N y - o a of y a; Jd�w C mmi N 0.0 m a� m— Of p O r w v'a VrOCvO�mo1m V 0U Z� d ( VZ W o c0 co -co °0 Cl .0 N 3O c m 3S � V 03iVHS'1SI ? ra m m o Z h - u C cli N Ix L:st �~ m Uao 7 m t az Z• N Ow I w Z.aZ tiw cr W coN NSW ai MU)c I O fV Q I- Q�Q VNl r J0m W �w LU m V) m ZWQ UQQN N ~L4N v>W c0 m X L F-W w W a fA y3 ww m m I �� Q O rno m ►r ro v Q (n �U > a� 0 O'm m L 6¢E OOOO.00S j�� h� O—: O �I \ LL3yt M N _ _.._ •-_- w .-4 I z Q W U- (J) I ��'.0 �g \ in Q � I I � �J �••• \ � � � M V LU N a 0 co ILn 0O rn F- W ( I w ! cow II W ! Qz U) w ra�� rviw zCM T CO %CD Q U O W I o Go w 0 O- LUI z I o "I l co r (n Z cn I I I o "' o(r a �' 0 vi co �ww '-' W .-i aa �I Om� ov N O LL 14 �ww �- �� Q In I M) Z W D } cr m z ( F- I W w �"t ! V— Q Q O U 0 I I w OW2 P2 3¢� ow W a ! I z NWS3� �131X , Oo�� N Z� C Z QNO Qoo •0F .t 89 wO v a` C,JO boU-1j J O- LU CO how 1p ,�� 00� �� J► O;t o .. O c3 p �/� ]1C LLL v a LL cn Prepared By:Christopher S.Talcott,Davis Brown Law Firm,215 10th St. Suite 1300,Des Moines,IA 50309;(515) 288-2500 Return To:Same as Above CONSENT TO PLAT KNOW ALL PERSONS BY THIS INSTRUMENT: That AmKin18,LLC and Ambrose Properties,LC, do hereby covenant that they are the lawful owners of the following described real estate situated in Story County, Iowa, to-wit: Parcel "A"of Lot Two (2)and part of Lot Three (3), Deen,Subdivision, Ames, Stony County, Iowa, as shown on the ``Plat of Sun ey",filed in the office of the Recorder of Story County, Iowa, on October 4, 2018, as Inst. No, 18-09189, Slide 618, Page 1. The undersigned do hereby certify, acknowledge, and declare that the platting of the said real estate to be known as DEERY SUBDIVISION, PLAT 2,AMES, STORY COUNTY, IOWA, is with its free consent and in accordance with their desires as proprietor. Dated this day of June, 2019. [Signature Pages to Follow] 43076411 AMKIN18, LLC By:-I! Ben Kinseth, Manager STATE OF IOWA, COUNTY OF,--J�o, ss: This record was acknowledged before me this day of June, 2019, by Ben Kinseth, as Manager of AmKin 18, LLC. Notary Public in and for the State of Iowa My commission expires - Notarial KAIHI ELDER Seal -Iowa commission#730271 my Commission Expires AMKINI8,LLC By: IG erry Amb , er AMBROSE PROPERTIES,LC By: Gerry Ambr anager STATE OF IOWA, COUNTY OF �u}Ln��1�, , ss: This record was acknowledged before me this day of June,2019,by Gerry Ambrose,as Manager of AmKin IS,LLC and as Manager of Ambrose Properties, LC. No Public in and for the Stat o Iowa My commission expires �2 02 ` TRACI M. KOEPPEL Commission Number 787766 es 1oWx 1 4 ..-_..--., - -7 _ — ++l.ya+�.Q L'y:i,lu l�wErllcZ J. 12UVVtt,i avlo knvwu Law 1 uua,1.1J 1 V.+:Est. Uw� •.iv V,vvo.•ay.::vw•, .....,�•.-.. 288-2500 Return To: Same as Above MORTGAGEE'S CONSENT TO PLAT WHEREAS,West Bank(the"Mortgagee")is the present owner of that certain Mortgage given by AmKin18,LLC and Ambrose Properties,LC,dated November 20,2018,and filed in the office of the Recorder of Story County,Iowa on November 21,2018,as Inst.No. 18-10547,(the"Mortgage")and, therefore,Mortgagee has an interest in the real property legally described as follows(the"Real Property"): Parcel "A"of Lot Two(2)and part of Lot Three(3),Deery Subdivision,Ames, Story County,Iowa, as shown on the "Plat of Survey"filed in the office of the Recorder of Story County, Iowa, on October 4, 2018, as Inst. No. 18-09189, Slide 618, Page 1. WHEREAS,the Mortgagee has been requested to consent to the platting of the Real Property to be known as DEERY SUBDIVISION,PLAT 2,AMES,STORY COUNTY,IOWA,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 DEERY SUBDIVISION,PLAT 2,AMES,STORY COUNTY,IOWA. [Signature Page to Follow] #3076418 S IN WITNESS WHEREOF,the Mortgagee has caused this instrument to be executed on its behalf on this L -day of June,2019. WEST�1BANK By— /C1wy Tom Cilek, Senior Vice President S T r TB Or iO YV H )ss: COUNTY OF JOHNSON ) This record was acknowledged before me this day of June,2019 Tom Cilek,as Senior Vice President of West Bank. P7��7�1 zeav� GRANT TROYER " ccmmissiai NW"W SIV99 o Public in an. or the State of Iowa �(�� My commission ex es March ® DAMB R- Christopher o law.oft christalcott r±davisbrownlaw.com ® LAW FIRM phone:515-288-2500 Des Moines Office June 3,2019 Mayor and City Council City of Ames 515 Clark Avenue Ames, IA 50010 Ladies and Gentlemen: I We have examined an Abstract of Title commencing with the Root of Title entry and ending with Abstract No, 1905281175 prepared by Abstract and Title Services of Story County and certified that it reflects all matters up to May 24, 2019 at 8:00 a.m., relating to the following property: Parcel "A" of Lot Two (2) and part of Lot Three (3), Deery Subdivision, Ames, Story County, Iowa, as shown on the "Plat of Survey" filed in the office of the Recorder of Story County, Iowa, on October 4, 2018, as Inst. No. 18-09189, Slide 618, Page 1. To be known after platting as Deery Subdivision,Plat 2. As of that date and time, we find from our examination that good and marketable title to the property described above is held by: AmKin18,LLC,an Iowa limited liability company,as to an undivided 83.17% interest,and Ambrose Properties,LC,an Iowa limited liability company,as to an undivided 16.83% interest,as tenants in common. EXCEPT THAT it is subject to the following: 1. MORTGAGE. There is shown a Mortgage dated November 20, 2018, filed November 21,2018 in Inst. No. 18-10547 of the Story County Recorder's Office from AmKin 18, LLC and Ambrose Properties, LC to West Bank. This Mortgage is a lien on the property under examination and you must obtain the Mortgagee's consent to your new plat. 2. REAL ESTATE TAXES. Real estate taxes for fiscal year 2017-2018 (payable in 2018-2019) are as follows: Parcel No. 09-13-200-060, taxes not yet certified; Parcel No. 09- 13-200-050, taxes paid in two installments of$1 1,977.00 each; Parcel No. 09-13-200-100, taxes paid in two installments of$16,640.00 each. #3076402 DAVIS BROWN KOEHN SHORS & ROBERTS PC. • THE r • • • • DES MOINES, 10 June 3,2019 Page 2 3. SEARCHES. The abstracter has conducted ten-year judgment lien searches against the owners and nothing is shown. 4. EASEMENTS AND COVENANTS. The following easements and covenants are shown in the Story County Recorder's office: (a) City of Ames, Iowa zoning ordinances; (b) Agreement Pertaining to the Development of Land in the City of Ames Called Deery Subdivision entered into between Deery, Deery and Deery, LLC and the City of Ames, filed November 28,2012 in Inst.No. 12-14224 of the Story County Recorder's Office,as amended by a First Amendment filed October 23, 2014 in Inst.No. 14-09485. (c) Agreement for Sidewalk and Street Trees entered into between prior titleholders and the City of Ames, filed November 28,2012 in Inst.No. 12-14220 of the Story County Recorder's Office. (d) Agreement entered into between prior titleholders and the City of Ames, filed November 28,2012 in Inst.No. 12-14220 of the Story County Recorder's Office, granting various easements in favor of the City. Said easements are further governed by an Outlot and Easement Maintenance Agreement filed April 16, 2015 in Inst.No. 15-03094. (e) Covenant for Assessment of Costs of Sidewalk Improvements entered into between the present titleholder and the City of Ames, filed November 28, 2012 in Inst.No. 12-14225 of the Story County Recorder's Office. (f) Floating Future Stormwater Drainage Easement in favor of the City of Ames filed November 28, 2012 in Inst.No. 12-14226. (g) Easements, setbacks, and development notes set forth on the Plat of Deery Subdivision filed November 28, 2012 in Inst.No. 12-14219. (h) Easements, setbacks,and development notes set forth on the Plat of Survey filed October 4, 2018 in Inst.No. 18-09189. (i) Prohibition of direct access to Primary Road No. U.S.30 and its ramps to relocated Dayton Avenue south of SE 16th St. as set forth in Patent filed September 3, 1998 in Inst. No. 98-12413. 0) Easement retained in favor of State of Iowa to pond water on property to an elevation one foot over present roadway(U.S. Highway 30)reserved in Patent tiled September 3, 1998 in Inst. No. 98-12413. (k) Right of entry for constructing and maintaining right of way fence for vehicle access control purposes reserved to State of Iowa in Patent filed September 3, 1998 in Inst. No. 98-12413. g June 3,2019 Page 3 (1) S.E. 16th Street Bridge and Street Improvement Project Covenant for Assessment of Costs of Improvements filed September 11,2007 in Inst. No. 07-10821. (m) Special Assessment Contract and Waiver Southeast Entryway Project Ames, Iowa filed August 3,2009 in Inst. No. 09-09890. (n) Tenant in Common Agreement as evidenced by a Memorandum of Tenant in Common Agreement filed November 21,2018 in Inst.No. 18-10533 of the Story County Recorder's Office. (o) Declaration of Mutual Restrictive Covenants filed November 21, 2018 in Inst.No. 18-10534 of the Story County Recorder's Office. (p) Ingress/Egress Easements,Construction and Joint Maintenance Agreement filed November 21, 2018 in Inst. No. 18-10535 of the Story County Recorder's Office. GENERAL MATTERS. (a) This Opinion is prepared for purposes of complying with Section 354.11 of the Iowa Code and only shows information of record that is required by Section 354.11. (b) This opinion does not cover matters which are not included in the abstract, and you should determine for yourself if any of the following items may be a problem: (1) Plat and boundary lines; (2) Parties in possession; (3) Special assessments not yet certified with the County Treasurer; (4) Liens for charges for municipal services not yet certified with the County Auditor; (5) Zoning ordinances; (6) Personal property taxes against the titleholder in the county where the property is located, which are not assessed in the taxing district where the property is located; and (7) Labor or material furnished on the property within the last ninety (90) days which might become subject to mechanic's liens. June 3, 2019 Page 4 Sincerely, DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. Christopher S. Talcott /V Prepared By: Christopher S.Talcott,Davis Brown Law Firm,215 10th St. Suite 1300, Des Moines,IA 50309; (515)288-2500 Return To: Same As Above TREASURER'S CERTIFICATE STORY COUNTY,IOWA I,Ted Rasmusson, Treasurer of Story County, Iowa, in accordance with Iowa Code sections 354.11 and 354.12, hereby certify that the real property described in the attached subdivision plat known as DEERY SUBDIVISION,PLAT 2,AMES,STORY COUNTY,IOWA is free from certified taxes and certified special assessments. Parcel Numbers: 09-13-200-050, and 09-13-200-100. Th — In witness whereof, I have subscribed and sealed this certificate on the day of /a rcQi , 2019. TED RASMUSSON ••'' S ' t r ., Treasurer, Story County, Iowa #3076608 LUCY MARTIN ...�,� Story County Auditor and C4U It1ty Commissioner of Elections 10 -1863 Office of the Auditor Approval of Subdivision Plat Name by Story County Auditor Date 7- / "I The Story County Auditor's Office has reviewed the final plat of: f f Zty �/✓i IvD(1!��1 tom•, �Lt�7 Pursuant to Iowa Code §354.5(2) and §354.11(5),we approve of the subdivision name or title and have no objections to this subdivision plat being recorded. C , Signed MUTY, County Auditor of Story County, Iowa r o ` ff4, -- 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 a www.storycountyiowa.gov/auditor Prepared By: Christopher S.Talcott, Davis Brown Law Firm,215 10th St. Suite 1300, Des Moines, IA 50309;(515) 288-2500 Return To: Same as Above CITY OF AMES,IOWA RESOLUTION NUMBER 19-349 ACCEPTING PLAT OF DEERY SUBDIVISION, PLAT 2 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 "A" of Lot Two (2) and part of Lot Three (3). Deery Subdivision, Ames, Story County, Iowa, as shown on the "Plat of Survey"Jiled in the office of the Recorder of'Story County. Iowa, on October 4, 2018, as Inst. No. 18-09189, Slide 618, Page I To be known as DEERY SUBDIVISION,PLAT 2, 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, AmKin18, LLC and Ambrose Properties, LC, have executed a written Consent to Plat 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 DEERY SUBDIVISION, PLAT 2,AMES, STORY COUNTY,IOWA, be and is hereby accepted and approved; and #3076410 /3 BE IT FURTHER RESOLVED that all of the acts of AmKin18, LLC and Ambrose Properties, LC are hereby confirmed and approved by the city of Ames, Iowa, on this 9th day of .July 2019. CIT4OFES, IO A ByAILA, 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 19-349 _adopted. We, John Haila and Diane Voss, being 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 19-349 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 9idhday of TLly , 2019. JOHN HAILA, Mayor DIANE VOSS, City Clerk f of e 1 {`T