HomeMy WebLinkAboutA008 - Documents adopted by Council with incorrect Addition stated FINAL PLAT
KINGSBURY'S THIRD ADDITION
LOCATION: A SUBDIVISION OF PARCEL AN IN LOT 1, NW1/4,
NE1/4, SEC. 11-83-24 &LOT 1, BLK C, KINGSBURY'S
2ND ADDN., CITY OF AMES, STORY COUNTY, IOWA
PROPRIETOR: DIET LAND COMPANY, LC
SURVEYOR: R. BRADLEY STUMBO, PLS #17161
FOX ENGINEERING ASSOCIATES, INC.
AMES, IA 50010
515-233-0000
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OWNER/DEVELOPER: SURVEY DESCRIPTION: `6
DET Land Company LC A subdivision of Parcel AN, as shown on the Plat of w f'
707 5th St., Ste 201 Survey filed in Slide 395, Pages 5-6, being a part of I'
Ames, IA 50010 Lot 1 in the Subdivision of the Northwest Quarter of o
the Northeast Quarter of Section 11, Township 83 o I LOT 2 M
North, Range 24 West of the 5th P.M., and part of Lot o
ZONING DISTRICT: 1, Block C in Kingsbury's Second Addition, all in the o C:) I 46673.52 S.F. M
zCD
HOC (Highway Oriented Commercial) City of Ames, Story County, Iowa, containing 6.92 I" 1.07 ACRES
Building Setbacks: acres.
Front: 20', 10'for fuel canopy 410 SE 5TH STREET
Side: 5' NOTES: I
Rear: 10' 1. Lot A will be dedicated to the City of Ames for
Abutting residential zoning: 20'side&rear public right of way.
2. Lots Ile within the Special Flood Hazard Area as
shown on Firm Map Panel No. 19169C0163E, dated
02/20/2008.
I
=FOUND 1/2"REBAR W/ I FLOOD HAZARD
YELLOW CAP#17161 BOUNDARY
(UNLESS NOTED OTHERWISE) I
O=SET 1/2"REBAR W/ SE CORNER
N89°07'S9"W 155.97' PARCEL AN
YELLOW CAP#17161
STATE PLANE
0 80' 160' COORDINATES
N-3470065.53
E-4892598-72
I hereby certify that this land surveying document was prepared by me or under my direct personal 11111/////
FOX supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. VE� Y ST�ii,���
EN '.
.;G SFo 'o
engineering _ -a 17161 o
FOX Engineering Associates, Inc. ��— � � /Za ZD �. /
414 South 17th Street,Suite 107 R. BRADLEY STUMBOtl PLS DATE � sY OWA
Ames, Iowa 50010 �%O"q • �c'\"z'\
License number 17161 ii�� � LAN �
Phone:(515)233-0000 My license renewal date is December 31, 2021.
FAX: (515)233-0103
JOB#5323-17A DATE:4/06/20 PAGE 1 OF 1
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 DET LAND COMPANY,L.C.,does hereby covenant that it is the lawful owner of the
following-described real estate situated in Story County, Iowa, to-wit:
Parcel "AN" a part of Lot One (1) of the Subdivision of the Northwest Quarter
(NW'/4) of the Northeast Quarter(NE'/4) of Section Eleven(11), Township Eighty-
three (83) North, Range Twenty-four (24) West of the 5th P.M., Ames, Story
County,Iowa,and of Lot One(1),Block C,Kingsbury's Second Addition to Ames,
Story County,Iowa,as shown on the Plat of Survey recorded on November 30,2010,
as Instrument No. 10-12298, Slide 395, Page 5
The undersigned does hereby certify, acknowledge and declare that the platting of said real
estate to be known as KINGSBURY'S THIRD 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 (S.E. 3rd Street), as shown on said plat to the City of
Ames, Iowa, and the perpetual use of the public.
Dated this le%ay of April, 2020.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
CONSENT AND DEDICATION
DET LAND COMPANY, L.C.
By:
ougl s . P le, Member
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this /6 day of April, 2020, by Douglas G.
Pyle, as a Member of DET Land Company, L.C.
Notary Public in and for the State of Iowa
_ My commission expires $/dI/d-1
3
2
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 "AN" a part of Lot One (1) of the Subdivision of the Northwest Quarter
(NW'/) of the Northeast Quarter(NE'/) of Section Eleven(11), Township Eighty-
three (83) North, Range Twenty-four (24) West of the 5th P.M., Ames, Story
County,Iowa, and of Lot One(1),Block C,Kingsbury's Second Addition to Ames,
Story County,Iowa,as shown on the Plat of Survey recorded on November 30,2010,
as Instrument No. 10-12298, Slide 395, Page 5
(the"Real Estate")from the root of the title thereof,down to and including the 1 st day of April,2020
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
KINGSBURY'S THIRD 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 DET Land Company,L.C. The Real Estate is subject to easements
of record and to zoning ordinances of the City of Ames,Iowa,and is free and clear of mortgages and
other liens.
Dated this 8th day of April, 2020.
DAVIS BROWN LAW FIRM
By: _,
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046
INSTRUMENT PREPARED BY: FBrian D.Torresi,2605 Northridge Pkw .,Ames,IA 50010 515 288-2500
RETURN To: Brian D.Torresi,2605 Northridge Pkw .,Ames, IA 50010
71
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 KINGSBURY'S
THIRD ADDITION,AMES,STORY COUNTY,IOWA,is free from certified taxes and certified
special assessments.
Dated this day of A',-' , 2020.
TED RASMUSSON
TREASSSYRK�Of�t,1/1,
Parcel No. 09-1 1-205-050 �7
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
RETURN To: I Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
EASEMENTS
KNOW ALL PERSONS BY THESE PRESENTS:
That DET LAND COMPANY, 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 10 feet of Lot One (1); AND
The North 10 feet and the West 15 feet of Lot Two (2),
all of the foregoing in KINGSBURY'S THIRD ADDITION,AMES,STORY COUNTY,IOWA.
The undersigned further grants unto the CITY OF AMES,IOWA, and its successors and
assigns, sanitary sewer easements upon, underground, over or across the following-described real
estate:
A strip 20.00 feet in width across Lot One(1),being situated 10.00 feet in width on
each side of the following centerline: Beginning at a point on the south line of Lot
One (1) which is 57.56 feet east of the Southwest Corner thereof, thence
N19002'14"W, 154.90 feet to a point on the northwesterly line thereof, and there
terminating,
all of the foregoing in KINGSBURY'S THIRD ADDITION,AMES,STORY COUNTY,IOWA.
The foregoing rights are granted upon the express condition that the undersigned shall not
erect or place within the easement areas identified herein any building or other structure or
improvement, including, but not limited to, a retaining wall or fence, or any trees, shrubs, or other
landscape plantings other than grass or comparable ground cover except with the consent of the City
of Ames, Iowa. The City of Ames, Iowa shall have the right to trim or remove trees and shrubs
within the easement areas identified herein to prevent damage to utility service lines of the City of
Ames, Iowa located within said easement areas.
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 /0 day of April, 2020.
(SIGNATURE PAGE FOLLOWS)
2
i
SIGNATURE PAGE OF
EASEMENTS
DET LAND COMPANY,L.C.
By: C
Dougla e, Member
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this A) day of April, 2020, by Douglas G.
Pyle, as a Member of DET Land Company, L.C.
Notary Public in and for the State of Iowa
My commission expires �T kill
BRIAN TORRESI
won Number 7423eo
MY C —
3
S
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ames,IA 50010 515 288-2500
RETURN TO: I Brian D.Torresi,2605 Northridge Pkwy., Ames,IA 50010
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement for Sidewalk and Street Trees (this "Agreement") are DET
LAND COMPANY,L.C. (the"Owner") and the CITY OF AMES, IOWA (the
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 KINGSBURY'S
THIRD 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. Owner may obtain building and zoning permits for lots within the
Subdivision within thirty-six(36)months following the approval of the final plat of the Subdivision,
with the understanding that an occupancy permit under City ordinances shall be withheld with
respect to any lot for which the sidewalks have not been installed and the street trees have not been
planted. Further,if the sidewalk is not completed as aforesaid for the segment of the street abutting
the lot within thirty-six(36)months of the approval of the final plat of the Subdivision, the Owner
shall install the sidewalk as per City regulations regardless of whether a residence has been
constructed on said lot. No building permit shall be issued after thirty-six (36) months following
approval of the final plat of the Subdivision for a lot unless said sidewalk has been installed.
Required street trees are required prior to issuance of an occupancy permit.
2. Notwithstanding anything in this Agreement to the contrary,the terms and condition
of the Development Agreement Kingsbury's Third Addition (the "Development Agreement")
submitted with the platting documents for the Subdivision shall control with respect to the timing of
sidewalk installation, the issuance of building, zoning, and occupancy permits for lots within the
Subdivision related to said installation, and cash in lieu of said installation, as applicable and all as
set forth in the Development Agreement, and specifically, in Section I(4) of the Development
Agreement as related to the cash payment in lieu of sidewalk installation.
3. 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 J� day of May, 2020.
(SIGNATURE PAGE FOLLOWS)
2
SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
DET LAND COMPANY, L.C.
By:
Do a yle,Member
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this A day of May,2020,by Douglas G.Pyle,
as a Member of DET Land Company, L.C. aL � avat
Notary Public in and for the State of Iowa
My commission expires o 7,Z
-CITY OF AMES, IOWA-
By. c
John Joiner
Director of Public Works
3
/ 1 I
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
RETURN To: I Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
AGREEMENT FOR PUBLIC IMPROVEMENTS
The parties to this Agreement for Public Improvements are DET LAND COMPANY,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
KINGSBURY'S THIRD ADDITION, AMES, STORY COUNTY, IOWA; and
WHEREAS,the Owner is required to construct certain improvements and utilities within the
real estate (collectively, the "Improvements") (an identification of the Improvements and a
breakdown of the estimated cost of completion of each of the Improvements is attached hereto as
Exhibit A and incorporated herein by this reference as if fully set forth):
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 SIXTY-
FOUR THOUSAND SIX HUNDRED FIFTY-FIVE DOLLARS and 00/100 ($64,655.00)
conditioned upon the completion of the Improvements as required by the City for said subdivision on
or before the 0 day of 5202o.
IT IS FURTHER AGREED that City reserves the right to construct said Improvements in the
event Owner fails to do so as herein agreed, and to cover the costs thereof with the letter of credit.
IT IS FURTHER AGREED that upon satisfactory completion of the said Improvements,
including the paying of reasonable engineering and inspection fees therefore,the letter of credit shall
be released.
Dated this 1 day of May, 2020.
DET LAND COMPANY, L.C.
By:
ouglas e, Member
STATE OF IOWA, STORY COUNTY, SS:
f^'
This record was acknowledged before me on this day of May,2020,by Douglas G.Pyle,
as a Member of DET Land Company, L.C.
CHARDS E.W AKLEKLACK
Commission Number 747077 Notary Public in and for the State of Iowa
My O ,trio EX IreS
oW� =zoz My commission expires 20Z
CITY OF AMES,IOWA
By:
_ Z;a-c
Jo Joiner
Director of Public Works
EXHIBIT A
IMPROVEMENTS
3
Kingsbu s 3rd Addition Financial Security Estimate
i
Item Quantity Unit Unit Price Totals
Sidewalk Pavement, PCC, 4" thick 431 SY $40.00 $17,240.00
Sidewalk Pavement, PCC, 6" thick 7 SY $75.00 $525.00
Detectable Warning Panels 10 SF $30.00 $300.00
Sanitary Sewer Connection 1 EA $2,000.00 $2,000.00
Sanitary Sewer Manhole, SW-301, 48" 1 EA $5,000.00 $5,000.00
Sanitary Sewer Gravity Main,Trenched, 8" 152 LF $75.00 $11,400.00
Water Main,Trenched, 8" 154 LF $60.00 $9,240.00
Water Valve, 8" 1 EA $2,500.00 $2,500.00
Water Main Connection 1 EA $3,000.00 $3,000.00
Fire Hydrant Assembly 1 EA $5,000.00 $5,000.00
COSESCO (erosion control) 6.9 AC $500.00 $3,450.00
Street Lighting a 1 LS $5,000.00 $5,000.00
TOTAL: $64,655.00