HomeMy WebLinkAboutA007 - Recorded Documents, Instrument No. 021-12002 Filed ftf/Motown Th:ATS aif Stay County
212 SE 16th SitleaLAJA SW10
File Na 2-1—Z
FINAL PLAT
FIFTH ADDITION TO Instrument 0:59:448 Pi11200 otal Pages: 13
SURV SURVEYS AND PLATS
SOUTHWOOD SUBDIVISION Recording Fee: $ 72.00
Stacie Her��rjliJ,dge,,Le�cloorrdde1Jr, Story County Iowa
LOCATION: CITY OF AMES 4TH TORYDCOUNTY, OWAOOD SUBD. ,III bilk.& E 1 III I 1 .I ■ 1■�lI�III�� 1�I
PROPRIETOR: NLA DUFF,LLC
105 TALLAPOOSA ST.,STE 307
MONTGOMERY,AL 36104
SURVEYOR: R. BRADLEY STUMBO,PLS#17161
FOX ENGINEERING ASSOCIATES,INC.
AMES,IA 50010
515-233-0000
NW CORNER 7 —
4TH ADD.SOUTLOTHWOOD PPRpNVJOOOSUBO
SUBDIVISION 0O,56,J1 VP
FOUND MAG NAIL -3RD P ME52
Fµ5 P NE CORNER LOT 7
S89"48'46"E 311.90' 4TH ADD.SOUTHWOOD
SUBDIVISION
FOUND 1/2"REBAR
N-3466719.09
I/ E-4890911.12
I I`
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I
1 I'.
w
p 5�8D C9 Ix'N LOT 1 SOOT" 80380.59 S.F.
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SOO°21'15 .
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SET MAG INAILN89°36'45"E 245.41' 3.00' N89°38'45"E 68.06..
CORNERS NOT SET REBAR
MONUMENTED I�:::: W/YELLELLOW CAP
WILL FALL IN
t_OT 6 ELECTRIC . #17161
BUILDING
.:.
EXIST.10'
�JQ'O I EASEMENT
X• - N I/ LOT 2
`gyp O`Y� v r 46949.14 S.F.
Q00 �'S 1.08 ACRES I'
I Cm
FOUND 1/2"REBAR
W/YELLOW CAP
SW CORNER LOT 6 #17161
4TH ADD.SOUTHWOOD
SUBDIVISION FOUND MAG MAIL 589138145"W 279.32'
I o
N00°21'23"W
34.99'
EXIST.10'
WATER
EASEMENT
EXISTING SANITARY SE CORNER LOT 6
SEWER EASEMENT 4TH ADD.SOUTHWOOD
SUBDIVISION
Property Description: S89'59'28"W FOUND MAG NAIL
P Y P 35.05' IN-3466282.73
.82
containing 2.92 acres.
Notes: Zoning District:HOC(Highway Oriented
1.This property lies entirely in Zone X per FIRM Map 19169C0163G,dated 1/15/2021.
Commercial District)
2.Circulation and Parking-Unless otherwise specified,all driveways,parking areas,roadways,Lire lanes,sidewalks,plazas,courtyards, Building Setbacks:
and other vehicular or pedestrian ways or spaces identified on the approved Integrated Site Plan associated with this Integrated Site Front:20',10'fuel canopy
Plan Subdivision are for the common use of the owners,tenants,customers and related operational interests associated with each lot Side:5'
contained within this subdivision. Rear:10'
3.Maintenance Area-unless otherwise specified,a maintenance area is provided within 10 feet of any building or structure identified on Abutting Residentially Zoned lot:20'side,20'
the approved Integrated Site Plan associated with this Integrated Site Plan Subdivision,even when said area extends onto other lots rear
within this subdivision,provided that disturbance of improvements or landscaping shall be minimized and repaired/replaced if damaged. Building Coverage:50%maximum
All development and use of the land described herein shall be in accordance with this subdivision and the associated Integrated Site Lanscaping:15 minimum
Plan,as they may be amended with the approval of the City of Ames,and in accordance with such other governmental permits, Height:85'or 7 stories,Fuel canopies-18'
approvals,regulations,requirements,and restrictions that may be imposed upon such land and the development and use thereof. max.w/14'clearance
4.Soil borings are required in areas within this plat which have been identified by the city of Ames as having soils that make construction of
buildings difficult. Parking Requirements:
5.There exists an Avigational Easement,recorded in Book 342,Pages 201-202,over Lot 1,Second Addition to Southwood Subdivision. Retail Sales&Service-General:1 space/300
Lots 1 and 2 of this plat lie entirely within what was formerly said Lot 1. S.f.
1 hereby certify that this land surveying document was prepared by me or under my direct personal `1�t�tltiiulu��r�
FOXsupervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. `;`�`PQVEY s "11,�
engineering �;.;�°E"SFo•o
FOX Engineering Associates,Inc. =z: 17161 o
414 South 171h Street,Suite 107
R. BRADLEY STUMB , PLS DATE � F'•• /OWA
Ames,Iowa 50010 License number 17 61 �iJ`��N."'••••''
Phone:(515)233-0000 � q p
FAX: (515)233-0103 My license renewal date is December 31, 2021. '�ri��iilHiiLiAN1�1�����\
JOB#5069-21A DATE:7/12/21 PAGE 1 OF 1
A
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,1A 50010 515 288-2500
RETURN TO: Brian D.Torresi,2605 Northridge Pkwy.,Ames,1A 50010
CONSENT
KNOW ALL PERSONS BY THESE PRESENTS:
That NLA DUFF, LLC does hereby covenant that it is the lawful owner of the following-
described real estate situated in Story County, Iowa, to-wit:
Lots Six(6)and Seven(7),Fourth Addition to Southwood Subdivision,Ames,Story
County, Iowa
The undersigned does hereby certify,acknowledge,and declare that the platting of said real
estate to be known as FIFTH ADDITION TO SOUTHWOOD SUBDIVISION,AMES,STORY
COUNTY, IOWA, is with its free consent and in accordance with its desires as proprietor.
Dated this i day of June, 2021.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
CONSENT
NLA DUFF,LLC
By: NET LEASE ALLIANCE, LLC, Manager
By:
Samuel L. Colson, Chief Financial Officer
STATE OF , COUNTY OF , SS:
This record was acknowledged before me on this A day of June, 2021, by Samuel L.
Colson, the Chief Financial Officer of Net Lease Alliance, LLC, the Manager of NLA Duff, LLC.
(Amock4"r A A
Notary Ablic, State of ��/y,� a J
My commission expires q--13—a�j
/•' ; s
2
INSTRUMENT PREPARED BY: I Brian D.Torresi,2605 Northridge Pkwy.,Ames, lA 50010 515)288-2500
MORTGAGEE'S CONSENT TO PLATTING
WHEREAS, Trustmark National Bank (the "Mortgagee") is the present owner of that
certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing given
by NLA Duff, LLC, dated August 20, 2019, and filed in the office of the Recorder of Story
County, Iowa, on August 27, 2019, as Instrument No. 19-07814, and therefore, Mortgagee has an
interest in the real property described as follows(the"Real Property"):
Lots Six (6) and Seven (7), Fourth Addition to Southwood Subdivision,
Ames, Story County, Iowa
WHEREAS, the Mortgagee has been requested to consent to the platting of said Real
Property to be known as FIFTH ADDITION TO SOUTHWOOD SUBDIVISION, 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 said real
property described herein to be known as FIFTH ADDITION TO SOUTHWOOD
SUBDIVISION,AMES, STORY COUNTY,IOWA.
IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on
its behalf on this tip` day of July, 2021.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
MORTGAGEE'S CONSENT TO PLATTING
TRUSTMARK NATIONAL BANK
By: ae:5�)— — /
STATE OF COUNTY O Vl , SS:
q This ecord was acknowledged before me on this �2 day of July, 2021, by
�'10s�t l (�p� , the V� of Trustmark National Bank.
Nota Public, State of
My commission expires
s
�c 2
i* N 0TNo 1n4557
IgES •
%I C00ISSIO 2p25
JpN.31>
.,•••,y�HLis cQ�`��•
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 Dentons Davis Brown 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 Six(6)and Seven(7),Fourth Addition to Southwood Subdivision,Ames,Story
County, Iowa
(the "Real Estate") from the root of the title thereof, down to and including the 11 th day of June,
2021 at 8:00 a.m.,last certified by Abstract&Title Services- Story County,Ames,Iowa(Iowa Title
Guaranty Division Member#8650). The Real Estate has now been subdivided and is now known as
FIFTH 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 Real Estate is vested in NLA Duff, 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:
l. Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing
in the amount of$20,000,000.00 given to Trustmark National Bank, dated August
20, 2019, and filed in the office of the Recorder of Story County, Iowa, on August
27, 2019, as Instrument No. 19-07814;
2. 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-1");
3. 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-
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, 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
a
County, Iowa, on May 23, 1997, as Instrument No. 97-05027, and as amended by
that certain Second Amendment to Reciprocal Easement and Operation Agreement
dated August 23,2019,and filed in the office of the Recorder of Story County,Iowa,
on August 27, 2019, as Instrument No. 19-07804;
4. 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;
5. 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;
6. 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");
7. 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");
8. 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,
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");
9. 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, as amended by that certain Consent
to Termination of Parking Area Improvement Agreement dated August 23,2019,and
filed in the office of the Recorder of Story County, Iowa, on August 27, 2019, as
Instrument No. 19-07805;
10. Development Agreement between the City of Ames, Iowa, FHS Ames 1, L.P., and
FHA Ames 2, L.P., dated July 9, 2019, and filed in the office of the Recorder of
Story County, Iowa, on August 23, 2019, as Instrument No. 19-07688;
11. Memorandum of Lease between NLA Duff, LLC ("NLA") and Ulta Salon,
Cosmetics & Fragrance, Inc. dated February 22, 2019, and filed in the office of the
Recorder of Story County, Iowa, on August 27, 2019, as Instrument No. 19-07808
("Original Lease Memo-5"),as modified by that certain Re-Recorded Memorandum
of Lease dated February 22, 2019, and filed in the office of the Recorder of Story
County, Iowa, on August 29, 2019, as Instrument No. 19-07896 ("Amended Lease
Memo-5") (Original Lease Memo-5 and Amended Lease Memo-5 are hereinafter
collectively referred to as "Lease Memo-5");
12. Memorandum of Lease between NLA and PetSmart,Inc.dated August 23,2019,and
filed in the office of the Recorder of Story County, Iowa, on August 27, 2019, as
Instrument No. 19-07807 ("Original Lease Memo-6"), as modified by that certain
Re-Recorded Memorandum of Lease dated August 23, 2019, and filed in the office
of the Recorder of Story County, Iowa, on August 29, 2019, as Instrument No. 19-
07895 ("Amended Lease Memo-6") (Original Lease Memo-6 and Amended Lease
Memo-6 are hereinafter collectively referred to as "Lease Memo-6");
13. Memorandum of Lease between NLA and Homegoods, Inc. dated March 5, 2019,
and filed in the office of the Recorder of Story County,Iowa,on August 27,2019,as
Instrument No. 19-07809 ("Original Lease Memo-7"), as modified by that certain
Re-Recorded Memorandum of Lease dated March 5,2019, and filed in the office of
the Recorder of Story County, Iowa, on August 29, 2019, as Instrument No. 19-
07897 ("Amended Lease Memo-7) (Original Lease Memo-7 and Amended Lease
Memo-7 are hereinafter collectively referred to as "Lease Memo-7"); and
14. Memorandum of Lease between NLA and Five Below,Inc.dated February 19,2019,
and filed in the office of the Recorder of Story County,Iowa,on August 27,2019,as
Instrument No. 19-07810 ("Original Lease Memo-8"), as modified by that certain
Re-Recorded Memorandum of Lease dated February 19,2019,and filed in the office
of the Recorder of Story County, Iowa, on August 29, 2019, as Instrument No. 19-
07898 ("Amended Lease Memo-8") (Original Lease Memo-8 and Amended Lease
Memo-8 are hereinafter collectively referred to as"Lease Memo-8")(Lease Memo-
1, Lease Memo-2, Lease Memo-3, Lease Memo-4, Lease Memo-5, Lease Memo-6,
Lease Memo-7, and Lease Memo-8 are hereinafter collectively referred to as the
"Lease Memos").
Furthermore, based upon information within said Abstract of Title and within the Lease
Memos, NLA Duff, LLC was the only party required to provide consent with respect to the
subdivision of the Real Estate pursuant to Iowa Code § 354.11(1)(a).
Dated this Ifday of July, 2021.
DENTONS DAVIS BROWN
By.
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046
INSTRUMENT PREPARED BY: I Brian D. Torresi,2605 Northridge Pkw .,Ames,IA 50010 515 288-2500
RETURN To: I Brian D. Torresi,2605 Northridge Pkw .,Ames, 1A 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 FIFTH ADDITION TO
SOUTHWOOD SUBDIVISION,AMES,STORY COUNTY,IOWA,is free from certified taxes
and certified special assessments.
h
Dated this 10 day of September, 2021.
TED RASMUSSON
TREASURER, STORY COUNTY, IOWA
Parcel Nos. 09-11-378-050
09-11-378-040
(formerly part of the parcels identified as 09-11-375-150 and 09-1 1-375-100)
�a
I'd T
LUCY MARTIN
Story County Auditor
and
County Commissioner of Elections
IOWA•1853
Office of the Auditor
Approval of Subdivision Plat Name by Story County Auditor
Date ` 17. 2.0-�I
The Story County Auditor's Office has reviewed the final plat of:
FI FT4 XDD [Tl W\ -To 30 L/CT'HW O6p EuePl v Isl Tv,,--
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.
i
Signed
i WT� County Aud r 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 Pkwy.,Ames,IA 50010 515 288-2500
RETURN To: I Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
CITY OF AMES,IOWA
RESOLUTION NUMBER 21_5Q3
ACCEPTING PLAT OF FIFTH 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 Six (6) and Seven (7), Fourth Addition to Southwood Subdivision, Ames, Story
County, Iowa
to be known as FIFTH ADDITION TO SOUTHWOOD SUBDIVISION, 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, NLA Duff, LLC, has executed a written Consent
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 ofAmes,Iowa,that
the plat of FIFTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY,
IOWA,be and it is hereby accepted and approved, and
' � w
BE IT FURTHER RESOLVED that all of the acts of NLA Duff, LLC are hereby confirmed
and approved by the City Council of the City of Ames, Iowa, on this 14th day of
September , 2021.
a CITY OF AMES, IOWA
JOH AILA, Mayor
�14
DIANE VOSS, City Clerk
Moved by: Betcher
Seconded By: Junck
Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin
Voting Nay: None
Absent: None
Mayor John Haila declared Resolution Number 21-503 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. 1-50 3 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
14th day of September , 2021.
JOHN HAILA, Mayor
Y T V
RV% A
DIANE VOSS, City Clerk
2