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HomeMy WebLinkAboutA002 - Email from Legal Department dated April 7, 2022 Voss, Diane From: Feilmeyer, Victoria Sent: Thursday, April 7, 2022 3:23 PM To: Sahlstrom, Eloise Cc: Voss, Diane Subject: Northridge Village Plat 1 [2600-0540-0001] Attachments: Checklist (NV Plat 1).pdf; Deed to Sheffield Avenue.pdf Eloise: I attached the normal checklist with my notes. For our records, the problem they had with the initial submittal was that the attorney's opinion that "Lot 2 Baptist Acres" was completely in CCRC of Ames, LLC. This was not accurate as there was a recorded deed to Sheffield Avenue filed 12/23/2017, which was a part of Lot 2, Baptist Acres. If you look at the new legal documents the legal description has now been modified to except out the land conveyed by the 2017 deed. A copy of the deed is attached as a reference,for our files. The resubmittal documents provided to me were a new (1) Consent, which is approved, (2) Revised Attorney's Opinion, which is approved, (3) Revised Easements—see notes below, and (4) Revised Resolution, which is approved. Previously, in December they provided us with a Treasurer's Certificate and a Sidewalk Agreement. Both of those documents are necessary for the subdivision but need not be modified for the resubmittal. No Public Improvements agreement or LOC have been provided for review. In terms of the easement for access, it should be modified as Public Works requested. The easement submitted indicates that it is an access easement to the City, rather than to the City and to the public. The easement should be supplemented to allocate maintenance responsibilities. In its current form, the access easement tells us very little about the purpose and scope. It is unclear to me what type of access we are intending to ensure, and it is also necessary that the easement be supplemented to indicate that CCRC of Ames, LLC, may not modify or diminish the access area without the consent of the City. Y If you have questions for me, feel free to call. Thanks. Ames Victoria A. Feilmeyer Assistant City Attorney 515.239.5146 main j 515.239.5142 fax victoria.feilmeyer@citvofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org ^ Caring People— Quality Programs^ Exceptional Service 1 FINAL PLAT CHECK LIST-MINOR CITY ATTORNEY CASE FILE LOG: SUB-001399 SUBDIVISION NAME: NORTHRIDGE VILLAGE PLAT 1 st/w/T-/--iiL-] DATE: .I t,>.NU:A.f .Y...h,,2:R22,. /A Gt r(l �V Z Z CONTACT PERSON: Keith Weggen,Civil Design Advantage, 3401 SE Crossroads Drive,Suite G, Grimes,IA 50111 Phone: 515-369-4400 keithw@cda-eng.com ATTORNEY: Brian Torresi, Dentons Davis Brown, 2605 Northridge Parkway,Suite 101,Ames,IA 50010 Phone: 515-288-2500 brian.torresi@dentons.com RETURN CHECKLIST TO ELOISE SAHLSTROM IN PLANNING&HOUSING BY:JANUARY 12, 2022. (KEEP THE PLAT FOR YOUR FILES) 1. THE FOLLOWING SUBDIVISION DOCUMENTS ARE RECEIVED AND CORRECT: A. Consent and Dedication by Requisites Parties (Major& Mitlor flats) - i;. Attorney' Opinion of Titic and Mortgage Holders (iV ajo & �'linnr fiats) Treasurer's Certilicatc on Taxes(Major& Nli or flats) t). Execution of Easements by Rcgtlisiie Pslrtie'� (,�lajnr btinetr t'l:atti't F, Sielcivail. A„rermeni ([1,1ajor'&- ?\Minor I'Ltts) 4 . Agrcenlciii for Public improvements Form (Major flats} t r. L.O.C./Bond- Forna and Amount (Major Nalw) _• ¢¢ ......._. ......- ............ ............... ...............m .,.... �_ _ 2. OTHER: ty rL- City Attorney:_ 4 � p { S:\Planning.Dcp\I'LAN_SHR\Cnmmittees\DRC\FINAL PLATS\CHECKLISTS\2022\Northridge Village Plat 1,legal cklst,SUB-01.04- 22.doc Instrument U: 2017-13025 12/29/2017 10:40:22 AM Total Pag*s: 3 WD WARRANTY DEED Recording Fee: y 22.00 Transfer Tax: $0,00 Stacie Herridge, Recorder, Story County Iowa III N'l 1A 01 IJf AMNU 11NN11 it II1 INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames IA 50010 5 I5 288-2500 RETURN TO: City of Ames Iowa Attn:City Clerk 515 Clark Ave. Ames 1A 50010 MAIL TAX STATEMENT To: City of Ames,Iowa,Attn:City Clerk 515 Clark Ave. Ames IA 50010 This deed is ;claimed exempt under Iowa Code S428A.2(6)-Grantee is govt. body CORPORA TEM USINESS ENTITY WARRANTY DEED KNOW ALL PERSONS BY THIS INSTRUMENT: That CCRC OF AMES, LLC, an Iowa limited company (the "Grantor"), for valuable consideration, conveys unto CITY OF AMES. IOWA (the"Grantee"),the real property situated in Story County, Iowa,described as follows: See Legal Description in Acquisition Plat attached hereto as Exhibit A The undersigned Grantor covenants with the above named Grantee and successors in interest that Grantor holds the real property by title in fee simple;that they have good and lawful authority to sell and convey the same; that the real property is free and clear of all liens and encumbrances whatsoever except as may be above stated; and the Grantor covenants to warrant and defend the real property against the lawful claims of all persons whomsoever,except as may be above stated. Dated this day of+hweinimr,2017. De t.4.wtto� CCRC OF AI( ,LL Grantor By: Manager STATE OF KANSAS,JOHNSON COUNTY SS: This record as acknowledged before me on this q�-day of N ucu I,� 2017, by iL�2sQ. 12 ( Igocl,as Manager of CCRC of Ames, LLC. Ac,�W - Moftry Public in Xnd for State of Kansas My commission expires RACHEL L.BACKE$ Notary Pubhc,State of Kansas EPA", My tme fzpire� a __., _ r 2017-13025 WD 1 2/29/201 7 1 0:40:22 AM Page 2 of 3 INDEX LEGEND LOCATION: LOT 2, BAPTIST ACRES SUBDIVISION, AMES REQUESTOR: CCRC OF AMES, LLC PROPRIETOR: CCRC OF AMES, LLC SURVEYOR: MICHAEL A. BROONER SURVEYOR COMPANY: CIVIL DESIGN ADVANTAGE RETURN TO: 3405 SE CROSSROADS DRIVE, SUITE G GRIMES, IA. 50111 PH:515-369-4400 ACQUISITION PLAT EXHIBIT 'A' AREA SUMMARY: DATE OF SURVEY: 13,517 SQUARE FEET SEPTEMBER 26, 2017 LEGAL DESCRIPTION: A PART OF LOT 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF OUTLOT 'XX', SOMERSET SUBDIVISION TWENTY—SECOND ADDITION, AN OFFICIAL PLAT IN THE CITY OF AMES; THENCE NORTH 89'24'40" EAST ALONG THE NORTH LINE OF SAID SOMERSET SUBDIVISION TWENTY—SECOND ADDITION, 0.56 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 36.00 FEET, WHOSE ARC LENGTH IS 44.18 FEET AND WHOSE CHORD BEARS NORTH 35.45'17" WEST, 41.46 FEET; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 59.00 FEET, WHOSE ARC LENGTH IS 257.76 FEET AND WHOSE CHORD BEARS NORTH 54'14'50" EAST, 96.47 FEET; THENCE SOUTH 00'35'45" EAST, 89.45 FEET TO SAID NORTH LINE; THENCE SOUTH 89'24'40" WEST ALONG SAID NORTH LINE, 55.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.31 ACRES (13,517 SQUARE FEET). THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. i i I a_ s 0 h N F\ V!� LEGEND: FOUND SET a o SECTION CORNER AS NOTED - Q I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS o LJ P REPAIRED AND THE RELATED SURVEY WORK WAS PERFORMED N F- 1/2" REBAR, CAP #15980 • O BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND v p (UNLESS OTHERIMS NOTED) I THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR 0- MEASURED PLATTED BEARING & DISTANCE P �r�' (,a_ UNDER THE LAWS OF THE STATE OF IOWA. BEARING & DISTANCE M ggqd� MICHAEL A.�5 ao RECORDED BEARING & DISTANCE R BROONER j DEEDED BEARING & DISTANCE D ICNAEL A.BRDONER,P.LS DATE Npv ARC LENGTH AL j 1598D �� o CENTERLINE —.-- _ *I�yA 1c MY LICENSE RENEWAL DATE IS DECEMBER T,xta PAGES OR SHEETS COVERED BY THIS SEAL: to vT SECTION LINE —-- SHEET I & 2 N EASEMENT LINE -————- i SHEFFIELD AVENUE REVISION: p PT LOT 2 BAPTIST ACRES SUBDIVISION J J (`�_� CIVIL DESIGN ADVANTAGE 3405 CRGRIOSSROADS A5D11DRIVESUITE G, 4 Tbos.zzo PH:(515)389�100 Fax:(515)380-4410 2017-13025 WD 12/29/2017 10:40:22 AM Page 3 of 3 ACQUISITION PLAT EXHIBIT 'A' DETAIL'A':1"=20' N89'24'40"E 0.56' 55.00' SET PIN 0.56' EAST SET PIN 0.44' WEST OF FOUND IRON PIPE tOF FOUND IRON PIPE & POINT OF BEGINNING �Os G .�l9 �co0 \v\ FOUND 1/2" REBAR W/ YELLOW CAP #17535 NE CDR OUTLOT 'YY' SOMERSET SUBDIVISION TWENTY-SECOND ADDITION O SEE DETAIL 'A' o W D=70'18'35" FOUND 1/2" IRON PIPE L=44.18' rrt W/ YELLOW CAP #9532 R=36.00' au NW CDR OUTLOT 'YY' CH=41.46' SOMERSET SUBDIVISION ja TWENTY-SECOND ADDITION N35'45'17"W "' 589'24'40"W 375.02' M&R 0.:TL0T 'XX' OUT._GT ` FOUND 1/2" IRON PIPE I::) N FOUND 1/2" IRON PIPE W/ YELLOW CAP #9532 56. 4'40'WW/ YELLOW CAP #9532 NE CDR OUTLOT 'XX' �,'� R.O �-1 SE CDR OUTLOT 'YY' SOMERSET SUBDIVISION SOMERSET SUBDIVISION M TWENTY-SECOND ADDITION ��' � TWENTY-SECOND ADDITION d N & POINT OF COMMENCEMENT LLJ '00"ESOD'00'00"ENO'00'00"E L.L 22'(M&R} 34.59'(M&R)95.00' (M&R} L FOUND 1/2" IRON PIPE r0LL! cq FOUND 1/2" IRON PIPE W/ YELLOW CAP #9532 o/ SE CDR LOT 21 ni SOMERSET SUBDIVISION TWENTY-SECOND ADDITION SCALE FEET FEE TITLE 0 60 iw SHEFFIELD AVENUE REVISION: z a PT LOT 2 BAPTIST ACRES SUBDIVISION zi CIVIL DESIGN ADVANTAGE 3405 CROSSROADS RIM ,IW�ii urre c. t< 1604.220 PH:(515)369-4400 Fex(515)36&4410