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HomeMy WebLinkAbout~Master - Southwood Subdivision, 6th Addition, Instrument No. 2022-9895 N ..File Na LA c: �v�tt�- ==C pp�OA 02� O Oi Occo Z OL�i pD OR Z�A�m r.'LmiZ C/+�m _s W Ay OnA a�� y2 m0 c i=pA i> N�� Q ;z- O _ _ N OA ,'r`yy8�m z O Z� m m.2�- 7 �tCmpC m>V .Sc, xS>D 00Sj0 F99 FS Nm>>NA 0 [Qn-10�g�A m L� �roOm Cj$03,c-i mC; D O �02 "1 m pC Cf ��AmD m '�Vl= zo A Z A O D O Om O D ss Z N A N S S Z n C � $ m.1 E 0 c D p m m N -m O Q p D , Z !`JA'N a y O > p 0 o 0 p m A D N p o A Q? o yymy p O j Rc O Cm 3 S m 1•tLN0�.� m-z T0mAZoAo-mz� mm Z4� 2Z O �O i1 �WME O 22 $ 00 _ Zm A A D A0 m > 0 Zz"O ZZ pOzj Sm p 0 0 Z m D A v ���auun7a., 'a. f ZTU `�y"_ BUCKEYE AVENUE (60'RAN) C3�m •. ° Z-4 6,0A3�2�` ;fo rseR TOTAL171.06' N 00'24'30"W 89.87' N 00'2410'W 81,191 rnr z - --------- Z4� 'i �a,7 a a E`,'a 2i " 3Nf1)Cl'IB138 OZ I I r y m l o g o 5.0'I 1"I L EASEMENI 1 SK 2'78•PG 38 (� INSTR.NO. 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KEl�000avF r0� �m z — v ,�, D Y• < _ O r 2 m JA m rn CO a � am m S 0 DLFF AVE ro m n A o J w A p } CAR;m - 2022-09895 StJRV 10/10/2022 01:20:12 PM Page 2 of 16 IN.S`rRCIMENT PREPARED B;7 Brian D.Torresi, 120 S 16th St.,Ames,IA 50010(515)288-2500 RETURN To: I Brian D.Torresi, 120 S 16th St., Ames,IA 50010 CONSENT KNOW ALL PERSONS BY THESE PRESENTS: That I DING US I I OLDCO, INC. does hereby covenant that it is the lawful owner of the following-described real estate situated in Story County, Iowa, to-wit: Lots Fight(8)and Nine(9), Fourth Addition to Southwood Subdivision,Ames,Story County, Iowa The undersi��.ncd does hers )N,certif,,,, acknowledge, and declare that the platting of said real estate to be known as SIXTH ADDITION TO SOUTHWOOD SUBDIVISION,AMES, STORY COUNTY, IOWA, is with its free consent and in accordance with its desires as proprietor. Dated this 17`h day ('if August, 2022. (SIGNATURE PACE FOLLOWS) 2022-09895 SURV 10/10/2022 01 :20'.12 PM Page 3 of 16 SIGNATURE PAGE OF CONSENT GOING US IIOLDCO, INC. By: nnis Elliott, Executive Vice President STATE OF NORTH CAROLINA; COUNWOF MECKLENBURG, SS: This record was acknowledged before me on this tZday of August,2022,by DennisEIHM the Executive Vice President of Boing US Holdco, Inc. AMyotary Public, State of 4 commission expires CAROL D DONOGHUE NOTARY PUBLIC MECKLENOM COUNTY,NC W Own6ft Eon 3420Z 2022-09805 SURV 10/10/2022 01-120:12 PM Page 4 of 16 ATTORNEY'S OPINION 1, 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 120 S 16th Street, Ames,Story County, Iowa. I further state that I have examined the Abstracts of Title,in four(4)parts,to the following-described real estate, to-wit: Lots Eight(8) and Nine (9), Fourth Addition to Southwood Subdivision, Ames, Story County, Iowa (the"Real Estate") from the root of the title thereof,down to and including the 181h day of July,2022 at 8:00 a.m., last certified by Abstract& Title Services- Story County,Ames,Iowa(Iowa Title Guaranty Division Member 98650), with an Addendum dated August 2, 2022 at 8:00 a.m. The Real Estate has now been subdivided and is now known as SIXTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY, IOWA. Based upon information wiihin said Abstract of Title, it is my opinion that the fee simple title to the Real Estate is vested in Roinz US 11oldco, Inc. The Real Estate is subject to easements of record and to zoning ordinances of the City of Ames, Iowa, as well as the following: I. 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, lowa, on August 15, 1994, as Instrument No. 94-09262("Lease Memo-!"); 2. Reciprocal Easement and Operation Agreement between JRC, Dalan/Jupiter, Inc. and Aldi, Inc. (­.Aldi")dated October 27, 1994,and filed in the office of the Recorder of Story Count),, Iowa,on November 10, 1994,as Instrument No.94-11981,as amended by that ccrtiin First Amendment to Reciprocal Easement and Operation Agreement dated Nliy 15, 1997, and filed in theoffice of the Recorderof StoryCounty, 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 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 off iceof the Recorder of'Story County, Iowa,on August27,2019,as Instrument No. 19-07804; 3. Covenants, Conditions, Restrictions and Reciprocal Fights Agreement between Dalan and Aldi dated Octol,cr 27, 1901,and filed in the officeof the Recorderof StoryCounty, 2022-09895 SURV 10/10/2022 01:20:12 PM Page 5 of 16 Iowa, on November 10, 1994, as Instrument No. 94-11982, as supplemented by that certain Agreement dated May 15, 1997,and tiled 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 Linder 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 off ice ofthe 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 Mcmo-3"); 7. Memorandum of (..,ease between Dalan and Cinemark USA, Inc. ("Cinemark") dated M�iy 16, 191)7,and I ilcd in the office of the Recorder of Story County,Iowa,on May 23, 191)7, 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"); 8. Parking Area Improvement Agreement between Pine Tree Ames, L.L.C., Cinemark, Richard I). Freernon,Trustee ofthe Richard D. Freemon Restated Revocable Tryst dated Aupu�t 11, 1994, and George F. I lartman and Maria S. Hartman, Co-Trustees of the Maria and Gcorgc I lartman Revocable Trust dated December 18, 1985 dated November 30, 2000, and filed in the off ice ofthe Recorder of Story County, Iowa,on February 8, 2001, as Instnrment No. ;t 1-01,173,as amended by that certain Consent to Termination of Parkinct Area Improvernrnt Agreement dated August 23,2019,and filed in theofficeof the Recorder of Story County, Iowa, on August 27, 2019,as Instrument No. 19-07805; 9. Development Agreement between the City of Ames, Iowa,FHS Ames 1,L.P.,and FHA 2022-09895 SURV 10/10/2022 01:20:12 PM Page 6 of 16 Ames 2, L.P.,dated.1uIy 9,2019,and filed in the office of the Recorder of Story County, Iowa, on Ativust 23, 2019, as Instrument No. 19-07688; 10. Memorandum of Lcase 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- "),as modified by that certain Rc-Recorded Memorandurn 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. l 9-07896("Amended Lease Memo-5")(Original Lease Memo-5 and Amended Lease Memo-5 arc hereinafter collectively referred to as"Lease Memo-5"); 11. 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 ("QriL;inal 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-band Amended Lease Memo-bare hereinafter collectively referred to as"Lease Memo-6"); 12. MC111QNandUm of Leese hCtwecn 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- . Rcco, led :Memorandum of Lease dated March 5, 2019, and filed in the office of the Recorder of' Story Cou ity, lowa, on August 29, 2019, as Instrument No. 19-07897 ("Arnc -d Lease Memo-7")(Original Lease Memo-7 and Amended Lease Memo-7 are hereinattter collectively referred to as "Lease Memo-7"); 13, Memorandum of L,case between N1.A 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. 19-0781() ("(7r1ginal Lease Merno-8"), as modified by that certain Re- Recorded T,1emoranduin of Lcasc dated February 19,2019,and filed in the office of the Recorder of Story County, Iowa, oil August 29, 2019, as Instrument No. 19-07898 L\mrn(!cd Lease M cmo-8")(()riginal Lease Memo-8 and Amended Lease Memo-8 are hereinafter collectively referred to as "Lease Memo-8"); - 14. Memorandum of Lease hetween NLA I)u11Thase 2, LLC and The TJX Companies,Inc. dated N1 arch 1, 2022, and filed in the office of the Recorder of Story County, Iowa,on March 2, 2022, as Instrument No. 22-01884 ("Lease Memo-91'); and 2022-09895 SURV 10/10/2022 01:20:12 PM Page 7 of 16 15. Memorandum of Lease between NLA Duff Phase 2, LLC and Old Navy, LLC dated February 23,2022,and filed in the office of the Recorder of Story County,Iowa,onJune 13, 2022, as Instrument No. 22-05722 ("Lease Memo-10") (Lease Memo-1, Lease Memo-2,Lease Memo-3,Lease Memo-4,Lease Memo-5,Lease Memo-6,Lease Memo- 7, Lease Memo-8, Lease Memo-9, and Lease Memo-10 are hereinafter collectively referred to as the "Lease Memos"). Furthermore,based upon information within said Abstract of Title and within the Lease Memos, Boing US Ifoldco,Inc.was the only party required to provide consent with respect to the subdivision of the Real Estate pursuant to Iowa Code § 354.1 1(1)(a). Dated this 31 day of August, 2022. DENTONS DAVTS PROWN By: Brian D. Torresi, Attorney Iowa Title Guaranty Member No. 10046 2022-09895 SURV 10/10/2022 01,20:12 PM Page 8 of 16 INSTRUMENT PREPARED Bv: Brian D.Torresi 120 S 16th St. Ames IA 50010 515 288-2500 RETURN To: Brian D.Torresi 120 S 16th St. 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 SIXTH ADDITION TO SOUTHWOOD SUBDIVISION,AMES,STORY COUNTY,IOWA,is free from certified taxes and certified special assessments. Dated this ) --(by of SCJ1tet1)1)cr, 2022. TED RASMUSSON TREAS RE�STl YIr Parcel Nos. 09-11-380-045 09-11-380-035 ,,•, 2022-09895 SURV 10/10/2022 01:20:12 PM Page 9 of 16 LUCY MARTIN Story County Auditor and commissioner of Elections County Office of the Aedlter Approval of Subdivision Plat Name by Story County Auditor Date I l012-022. The Story County Auditor's Office has reviewed the final plat of: SttiC • pocki4cv\a SofJ.kkwc)oA SL&AWLSTov, 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. Signed A2 k- ounty Auditor of Story County, Iowa 8 i >;y County Administration, 900 Sixth Street, Nevada, Iowa 50201-2087 515-38 2.7210 Fax 515-382-7221 Assistant Auditor: Lisa M. Markley Deputies: Kevin C. Norris • Rhonda S. Sykes www.storycountylowa.gov/auditor 2022-09895 SURV 10/10/2022 01:20:12 PM Page 10 of 16 i DO NOT WRITE IN TIIE SPACE ABOVE TIIIS LINE,RESERVED FOR RECORDER Prepared by:Diane Voss,Ames City Cjrrk,515 Clark Avenue,Arnm to$0010 Pbont:515-239-5105 Return lo:Ames City Clerk,P.O.Box 811 Ames,1A 50010 Phone-515-239-5105 RESOLUTION NO. 22-343 RESOLUTION SETTING DATE OF PUBLIC HEARING FOR VACATION OF 10ELECTRIC EASEMENT AT 1404 AND 1410 BUCKEYE AVENUE LOCATED IN LOTS 8 & 9, SOUTHWOOD SUBDIVISION FOR THE CITY OF AMES, IOWA WHEREAS, the owner N[.A Duff, LLC, had requested that an existing electric easement located at 1404 and 141013uA-eye in j,ots 9 & 9, Southwood Subdivision,be vacated by the City of Ames; and, WHEREAS,pursuant to Iowa Code section 364.7,it is necessary to provide notice of and hold a public hearing regarding the proposal of the City to dispose of its interest in this real property; and, WHERKALS, following notice and public hearing, the City will determine if this proposal is appropriate. NOW,THEREFORE,BE IT RESOLV171) in'THE CITY COUNCIL OF THE CITY OF AMES, IOWA,THAT: 1. Pursuant to Iowa Code section 164.7, publication of notice regarding the proposed vacation of 'I T1(I ,,:iblishing a public hearing date regarding the proposal is required. 1 The public hearing regarding the proposal to consider vacation of the City's interest in an electric easement at 1404 qnd 1410 Buckeye Avenue located in Lots 8 & 9, Southwood Subdivision shall be held on July 12, 2022, at 6:00 p.m. '3 The City Clerk is hereby directed to provide notice of the public hearing as required by Iowa Code section 362.3. 2022-09895 SURV 10/10/2022 01:20:12 PM Page 11 of 16 ADOPTED THIS 2811 day of June, 2022. Diane R. Voss, City Clerk John aila, a Introduced by: Betcher Seconded by: Gartin Voting aye: Beattv-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins Voting nay: None' Absent: None Resolution declared adopted and signed by the Mayor this 28"day of June,2022. s t"r7 x" 2022-09895 SURV 10/10/2022 01:20:12 PM Page 12 of 16 Or t Proof Of Publication in THE AMES TRIBUNE 1r149P14 ItOAL NOTICE TO WNoa1 fT MAY CONCERPb You are hereby given notice that in connection with Resolution No. 22-343 adopted on June 2&2022.tt CfTY OF AMES has been proposed that an exist- ing ten-foot electric easement lo- $18 CLARK AVENUE sited in Lots a and 9 of South- AMtEt3,EA 500140t11 wood subdivision (1404 and 1410 Buckeye) be vacated.You are fur- ther notified that a hearing on said proposed vacation of an elec- tric easement will be held in Con• STATE OF WISCONSIN,BROWN COUNTY function with the July 1Z 202Z Regular Meeting of the CRY Coun- cil of the City of Ames. Iowa, scheduled to begin at&-00 p.m.In 1, on oath depose and say t�-w rn,mcll Chambers, Arrrds CRY that I am the Le<jal berk of THE AMES TRIBUNE,a daily Hall, sus Claret Avenue. Ames.to- wn Any and all persons desirino newspaper,published at.Ames,Story County,Iowa that the to be heard for or against the Pro- annexed Pied: posed vacation of easement MAY then appear and be heard. Diane R.VosA City Clerk CITY OF AMES Published In the Ames Tribune on EAS VAC-1404 a 1410 Buckeye JOY is 2022 cm - was put fthed in said newspaper 1 time(s)in issues dated: .My 06,2022 dta last day of said publication being the 6th day of Judy,2022 Legal Clerk Notary Pu IC,Sta .of n in,County of Brown My oDinmission xpirea - sworn to before me and subscribed In my presence by this the 61h day of July,2022 FEE: tt4.45 7AMY KOKOTTApr: r300i45B7,4 ary PUb(iCACCT: 3U0a Sf Wisconsin Page IofI - ..., 2022-09895 SU RV 10/10/2022 01:20:12 PM Page 13 of 16 M INSTRUMENT PREPARED RV: Brian D.Torresi 120 S 16th St. Ames IA 50010 515 288-2500 RETURN To: Ames City Clerk, 515 Clark Ave. P.O. Box 811 Ames IA 50010 CITY OF AMES, IOWA RESOLUTION NUMBER 22-393 VACATING EASEMENT IN REAL PROPERTY TO BE PLATTED AS SIXTH ADDITION TO SOUTIIWOOD SUBDIVISION, AMES, STORY COUNTY, IOWA WHEREAS,the City of Ames, Iowa has been presented with a request by NLA Duff,LLC, a Delaware limited liability company, the current owner of the real estate described as: Lots Fight(�,)and Nine (Q), Fourth Addition to Southwood Subdivision,Ames,Story County, Iowa (the"Burdened Property"), to vacate all of the easements located within the Burdened Property as granted by that certain Easements dated Ju11e 12, 2019, and filed in the office of the Recorder of Story County,Iowa,on August 23,2019,as Instrument No. 2019-07692(collectively,the"Vacated Easements"), and as shown on the Final Plat of Fourth Addition to Southwood Subdivision,Ames, Story County, Iowa, filed in the office of the Recorder of Story County, Iowa,on August 23,2019, as Instruni,nt No. '019-07690: a-d WHEREAS, Iowa Code § 354.23 allows vacation after public hearing and such public hearing was duly held on this date; and NOW,THEREFORE, BE IT RESOLVED by the City Council ofthe City ofAmes,Iowa, that the above-referenced Vacated Easements are hereby vacated pursuant to Iowa Code § 354.23. �.. 2022-09895 SURV 10/10/2022 01,20:12 PM Page 14 of 16 r The Ames City Clerk shall forward this instrument to the Story County Recorder for recording. CITY OF ANIES, IOWA • [3y: . ' .10 , IIAILA, Mayor h y DIANE VOSS, City Clerk �•' �' '� Moved by: Corrieri. Seconded By: Beatty-Hansen Voting Aye: Beatty-liansen, Corrieri, Gartin, Junek, Rollins Voting Nay: None Absent: Be tcher Mayor John Haila declared Resolution Number 22-393 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 22-393 is a tn,e and accurate copy o f 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 12th day of July , 2022. JOIiN 14AILA, Mayor DIANE VOSS, City Clerk r• 2 2022-09895 SURV 10/10/2022 01:20:12 PM Page 15 of 16 INSTRUMENT PREPARED BY: Julie Gould Ci of Ames 515 Clark Avenue Ames IA 50010 515 239-5400 RETURN To: Brian D.Torresi, 120 S 16th St., Ames, IA 50010 CITY OF AMES,IOWA RESOLUTION NUMBER 22-516 ACCEPTING PLAT OF SIXTH ADDITION TO SOUTIIWOODSUBDIVISION, 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 Fight (S) an '. `sine (^), F�� :�+h nc''it:on r() Smithwood Subdivision, Ames, Story County, lo%\�1 to be known as SIXTH ADDITION TO SOTJTIIWOOD 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, Boing US Holdco, Inc., has executed a written Consent declaring that the olattime 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, and WHEREAS,this resolution will partially rescind and replace Resolution 22-394 from July 12, 2022 - 2022-09895 SURV 10/10/2022 01:20:12 PM Page 16 of 16 NOW, THEREFORE, BE IT RESOLVED THAT Resolution 22-394, dated July 12, 2022, is rescinded insofar as it approved SIXTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY, IOWA; and BE IT FURTHER RESOLVED by the City Council of the City of Ames, Iowa,that the plat of SIXTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY, IOWA, be and is hereby accepted and approved on this_27 day of September 2022, by the City Council of the City of Ames / t• CITV O4AES,IOWA r By JO4,*1AILA, May r yTALL, City Clerk Moved by:Betcher Seconded 13y: Beatty-Iiansen Voting Aye: Roatty-llansen, F3etcher, Corrieri , C3artin, Junck, Rollins Voting Nay: None Absent: None Mayor John Naila declared Resolution Number 22- 516 adopted. We, John Haila and Renee I fall, 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 22-51( 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 _27_day of_reptemhar , 2022. JOR"', ILA,May r f V,')i,\1,t,,C;ttyClerk . rr •