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HomeMy WebLinkAboutA003 - Recorded documents dated March 28, 2023 T C ` IL N s 6Z •J/ Lm s �x ME r � r7j$ Hal @ . o 9O Nm—t INDmn ng g' � a AN �x0 EJill _ Y O N p g m C I J , o��a LL 02. rjel iW 2 x�3 N w m93 � 'S �i� ci oioia h �Sn7Ji<LLC3 I z 6° I6 ,ee'Lsu rA.eLsz.00s $_ A LsOI ,Po e9 c e •m .es►u W — £�AE PoL 3A000.006 q&SS5 £ � I p — W .LBOIf MAlsz.00s 1 I I 3NI�H�VB139 ONr Aae lNaWasv3 I r}l j _00s O / I AO OgI In)Ie - b Q IL p I a rf JIh O O ~ ��� '♦ U NI '1 Orl g L �I i i I Icl LaL 0 O "� ----------------------------� o LU o o YL ZLO �' 3 0/ zO Y C .oz0ss II.aCas WON � V 3N�o3bW 9SSIMl I d Z mN " z� r�300�yed I lo. J LL c N - € _3 I Z ce i LL = auWi a L-- ---------- z ° -------=_LL L— -------- d I 3.LS.%.D0N Ag'NC&SAL.00N Os'L 9.sL.00N ^ AO'ZS►3.L9.9l.00N J�j 5j 3....6.r'03M 3.01ON SI'03kl Q W 6 Q n rp ZZo (831NVAMOM)3nN3AV1NVLI�J c�z 71}�j G1 LLLL2 iw �lkk y,US�O tn. ak z 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 2 of 17 Prepared by& Return to: Zachary S. Chizek 1620 Superior Street Unit 1 Webster City, IA 50595 CONSENT AND DEDICATION THE UNDERSIGNED HEREBY CERTIFY: That Philip D. Voge, Manager of Hidden Creek Farms, LLC, an Iowa limited liability company, owners of the herein described real estate, have in pursuance of law, caused the real estate described herein to be surveyed, staked, and platted, as is particularly shown and set forth in this plat and the Certificates thereto of R. Bradley Stumbo of Fox Engineering Associates, Inc., a Licensed Land Surveyor who surveyed and platted the same to be known as Hidden Creek Farm Plat 1, as sole owner and proprietors thereof. Said Plat is prepared with the owner's free consent and in accordance with the owner's desire. The real estate contained in said plat is described as follows- That part of the Southwest Quarter of the Southwest Quarter of Section 15; Township 84 North, Range 24 West of the 51h P.M,,Story County, Iowa,being more particularly described as follows: Commencing at the Southwest Comer of said Section 15; thence N00°18'57"E,452.00 feet along the west line thereof to the Northwest Corner of Parcel G in said Southwest Quarter of the Southwest Quarter and the point of beginning; thence continuing NOV 18'57"E, 701.90 feet to the Southwest Corner of Outlot A in Fincham Agricultural Subdivision in the Southwest Quarter of said Section 15; thence S89°54'26"E, 1316,46 feet along the south line of said Fincham Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter; thence S00°25'16"W, 1151.89 feet to the Southeast Corner thereof, thence N89°59'44"W,918.28 feet along the south line of said Section 15 to the Southeast Comer of Parcel J in said Southwest Quarter of the Southwest Quarter; thence N00°18'21"E, 452.07 feet to the Northeast Corner thereof, thence S89"59'38"W, 395.99 feet along the north line of said Parcels J and G to the point of beginning, containing 30.70 acres,which includes 1.97 acres of existing public right of way. (SIGNATURE PAGE FOLLOWS) 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 3 of 17 HID REEK FARM, L C-OWNER: Date: P p D. Vo r6F,M In.age STATE OF IOWA, HAMILTON COUNTY,ss: Signed and sworn to (or affirmed) before me on this ;2,-?�day of November, 2022, by Philip D. Voge, as Manager of Hidden Creek Farm, LLC. Notary Public in an or a State of Iowa CONSTAIM # "M Fobnwy 16 r 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 4 of 17 Prepared by&Return to: Zachary S. Chizek, 1620 Superior Street, Unit I.Webster City, IA 50595 CONSENT OF MORTGAGE HOLDER THE UNDERSIGNED HEREBY CERTIFY: That Farm Credit Services of America, FLCA, holds one (1) real estate mortgages on real estate that includes the real estate described in the Plat of Hidden Creek Farm Plat 1. The mortgage was executed on March 1, 2022 and recorded on March 1, 2022 as Instrument No. 22-01865. The mortgage listed include all or a portion of the following described real estate: That part of the Southwest Quarter of the Southwest Quarter of Section 15; Township 84 North, Range 24 West of the 5th P.M.,Story County, Iowa,being more particularly described as follows: Commencing at the Southwest Corner of said Section 15; thence N00°18'57"E,452.00 feet along the west line thereof to the Northwest Comer of Parcel G to said Southwest Quarter of the Southwest Quarter and the point of beginning; thence continuing N00°18'57"E, 701.90 feet to the Southwest Comer of Outlot A in Fincham Agricultural Subdivision in the Southwest Quarter of said Section 15; thence S89°54'26"E, 1316.46 feet along the south line of said Fincham Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter; thence S00°25'16"W, 1151.89 feet to the Southeast Comer thereof;thence N89°59'44"W,918.28 feet along the south line of said Section 15 to the Southeast Comer of Parcel J in said Southwest Quarter of the Southwest Quarter; thence N00°18'21"E, 452.07 feet to the Northeast Corner thereof; thence S89159'38"W, 395.99 feet along the north line of said Parcels J and G to the point of beginning,containing 30.70 acres,which includes 1.97 acres of existing public right of way. Farm Credit Services of America, FLCA,does hereby consent to the platting of the described real estate by the owner, Hidden Creek Farm, LLC, as Hidden Creek Farm Plat 1 FARM CREDIT SERVICES OF AMERICA, FLCA-MORTGAGE HOLDER: By: Se y /�wr l bar Its: Date: If f Jte1h�iL;- Y 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 5 of 17 STATE OF IOWA, HAMILTON COUNTY, ss: On this a b41�day of November 2022, before me, a Notary Public, personally appeared .%r , the rn.n:wt Sarj«% otjr,.,of Farm Credit Services of America, FLCA,lo me known to be the identical person named in and who executed the foregoing instrument and acknowledged it was signed on behalf of Farm Credit Services of America, FLCA, by its authority and acknowledged it was executed voluntarily by Farm Credit Services of America, FLCA,and by them. �r +ti KADIE JO RITLAND Ndtary Pub c in and for the State of Iowa Con"Go n Numb►$04456 My Comer 9+�+�E�a 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 6 of 17 ATTORNEY'S OPINION I, Zachary S. Chizek, 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 Groves& Chizek Law Office with offices at 1620 Superior Street, Unit 1, Webster City, Hamilton County, Iowa. I further state that I have examined the Abstract of Title to the following-described real estate, to-wit: That part of the Southwest Quarter of the Southwest Quarter of Section 15; Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, being more particularly described as follows: Commencing at the Southwest Corner of said Section 15; thence N00°18'57"E,452.00 feet along the west line thereof to the Northwest Comer of Parcel G in said Southwest Quarter of the Southwest Quarter and the point of beginning; thence continuing N00°18'57"E, 701.90 feet to the Southwest Corner of Outlot A in Fincham Agricultural Subdivision in the Southwest Quarter of said Section 15;thence S89°54'26"E, 1316.46 feet along the south line of said Fincham Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter;thence S00°25'16"W, 1151.89 feet to the Southeast Corner thereof;thence N89°59'44"W,918.28 feet along the south line of said Section 15 to the Southeast Corner of Parcel J in said Southwest Quarter of the Southwest Quarter; thence N00°18'21"E, 452.07 feet to the Northeast Corner thereof, thence S89059'38"W, 395.99 feet along the north line of said Parcels J and G to the point of beginning, containing 30.70 acres, which includes 1.97 acres of existing public right of way. My examination of the Abstract of Title is from the root of title thereof, down to and including the 40'day of January,2023 at 8:00 a.m., last certified by Abstract and Title Services— Story County, Ames, Iowa (Iowa Title Guaranty Division Member #8650). The Real Estate has now been subdivided and is now known as Hidden Creek Farm Plat 1, 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 Hidden Creek Farm, LLC. The Real Estate is subject to easements of record and to zoning ordinances of the City of Ames, Iowa and/or Story County, as well as the following: 1. Real Estate Mortgage, Security Agreement, Assignment of Rents, and Fixture Filing with Farm Credit Services of America, FLCA dated March 1,2022, filed March 1, 2022 as Inst.No. 22-01865 in the records at the office of the Story County Recorder,Nevada, Iowa. Dated this 16'day of January, 2023. 2023-03230 SURV 05/25/2023 11:41:29 AM Page 7 of 17 • Ridden Creek Farm,LLC January 16,2023 Page 2 By: Zach k y a Atto et Law Title Guaranty# 10478 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 8 of 17 rrenarod by and Return to:Zachary S.Chiz&1620 Superior Street.Unit I.Webster City,Iowa 50595 (515)832-2885 CERTIFICATE OF THE TREASURER OF STORY COUNTY,IOWA 1,Ted Rasmusson,the duly elected and acting Treasurer of Story County, Iowa,do hereby certify that the real estate described below is free and clear of all taxes and special assessments due and payable as of the date of this Certificate. That part of the Southwest Quarter of the Southwest Quarter of Section 15; Township 84 North, Range 24 West of the 5th P.M.,Story County,Iowa,being more particularly described as follows: Commencing at the Southwest Comer of said Section 15;thence N0098'57"E,452.00 feet along the west line thereof to the Northwest Comer of Parcel G in said Southwest Quarter of the Southwest Quarter and the point of beginning;thence continuing N00°18'57"E,701.90 feet to the Southwest Corner of Outlot A in Fincham Agricultural Subdivision in the Southwest Quarter of said Section 15; thence S89°54'26"E, 1316.46 feet along the south line of said Fincham Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter; thence S00"25'16"W, 1151.89 feet to the Southeast Comer thereof,thence N89159'44"W,918.28 feet along the south line of said Section 15 to the Southeast Corner of Parcel J in said Southwest Quarter of the Southwest Quarter; thence N00°18'21"E, 452.07 feet to the Northeast Corner thereof;thence S89°59'38"W,395.99 feet along the north line of said Parcels J and G to the point of beginning,containing 30.70 acres, which includes 1.97 acres of existing public right of way. Witness my hand and Official Sea] this 1 Sfday of h ✓,2022. Ted Rasmusson, Story County Treasurer Parcel No. 05-15-300-320 Parcel No. 05-15-300-410 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 9 of 17 STATE OF IOWA,STORY COUNTY,ss: On this 2— day of CiLP .' 2022, before me, a Notary Public, personally appeared Ted Rasmusson, the Story County Treasurer, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged it was signed on behalf of Story County by its authority and acknowledged it was executed voluntarily by Story County and by him. yN JENNIFER DEVRIES COmm FSron Number 810247 • * w c0 SIGN FJ�1 8 "" '14y Public in and for the State of Iowa 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 10 of 17 LUCY MARTIN Story County Auditor and WYCommissioner of Elections io-wA•1a„+ Ottlso of the Auditor Approval of Subdivision Plat Name by Story County Auditor Date 0 5103 20 The Story County Auditor's Office has reviewed the final plat of: �r(Jckev'- Cince(r-- 5CavV--' (ak t 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 "q�� County Auditor of Story County, Iowa 7 G •� �j t �'� �'•. 'did`' . ! rfl v Story County Administration, 900 Sixth Street, Nevada, lows 50201.2087 515-382-7210 Fax 515-382-7221 Assistant Auditor: Liss M. Markley Deputies: Kevin C. Norris • Rhonda S. Sykes www.storycountylows.gov/auditor 2023-03230 SURV 05/25/2023 11 Al 29 AM Page 11 of 17 Prepared by&Return to: Zachary S.Chizek, 1620 Superior Street.Unit 1.Webster City.IA 50595 CITY OF AMES,IOWA RESOLUTION NO. 23-1 go ACCEPTING PLAT OF HIDDEN CREEK FARM PLAT 1, 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: That part of the Southwest Quarter of the Southwest Quarter of Section 15; Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, being more particularly described as follows: Commencing at the Southwest Comer of said Section 15; thence N00°18'57"E, 452.00 feet along the west line thereof to the Northwest Comer of Parcel G in said Southwest Quarter of the Southwest Quarter and the point of beginning; thence continuing N00°18'57"E, 701.90 feet to the Southwest Comer of Outlot A in Fincham Agricultural Subdivision in the Southwest Quarter of said Section 15; thence S89°54'26"E, 1316.46 feet along the south line of said Fincham Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter; thence S00°25'16"W, 1151.89 feet to the Southeast Corner thereof; thence N89059'44"W, 918.28 feet along the south line of said Section 15 to the Southeast Comer of Parcel J in said Southwest Quarter of the Southwest Quarter;thence N00°18'21"E,452.07 feet to the Northeast Corner thereof; thence S89°59'38"W, 395.99 feet along the north line of said Parcels J and G to the point of beginning, containing 30.70 acres, which includes 1.97 acres of existing public right of way; to be known as HIDDEN CREEK FARM PLAT 1,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, Hidden Creek Farm, LLC, has executed a written Consent declaring that the platting is with its free consent and is in accordance with its desire as proprietor,and 2023-03230 SURV 05/25/2023 11 :41:29 AM Page 12 of 17 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 Ames, Iowa,that the plat of HIDDEN CREEK FARM PLAT 1, AMES, STORY COUNTY, IOWA, be and it is hereby accepted and approved,and BE IT FURTHER RESOLVED that all of the acts of Hidden Creek Farm, LLC, are hereby confirmed and approved by the City Council of the City of Ames, Iowa, on this 2g_ day of March ,2023. *.f:•«.� 4 CITY OF AMES,IOWA BtJOTA, orffB Renee 11,.Cify Clerk Mov o5►: Gartin Seconded by: Rollins Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins Voting Nay: None Absent: None Mayor John Haila declared Resolution Number 23-190 adopted. We, John Haila and Renee Hallbeing 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 Number23-190 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 2,day of_ash ,2023. JOHN JXAILA,Mayor Renee all, h' 2023-03230 SURV 05/25/2023 11:41:29 AM Page 13 of 17 DO NOT WRITE IN THE SPACE ABOVE.RESERVED FOR RECORDER Prepared By:Marcus Amman,Story County Planning and Development,900 8 Street,Nevada,IA 50201(515)382- 7245 Plea"return to: Planning&DwalW, nt STORY COUNTY IOWA RESOLUTION OF THE BOARD OF SUPERVISORS RESOLUTION NUMBER 23-74 WHEREAS,there has been submitted to the Board of Supervisors of Story County, Iowa,an application to subdivide real estate from Kurt Friedrich,100 8'"Street,Ames,Iowa,50010,involving the real estate located at the northeast comer of the Intersection of Grant Avenue and W 19M Street, Identified as Soutwest Quarter of the Southwest Quarter Section 15 of Franklin Township and as Parcel #05-15-300-320 and hereinafter described on Attachment A and shown on Attachment B,and WHEREAS,Hidden Creek Farms,LLC,1001 N Terrace Dr,Webster City,Iowa,50595,is the legal titleholder of said real estate,and WHEREAS,it appears that all conditions and requirements prescribed by Chapter 354 and Chapter 355,Code of Iowa,and as prescribed by the Story County C2C Plan and the Code of Ordinances,of Story County,Iowa,have been compiled with and met, WHEREAS,the Story County Planning and Zoning Comission recommended approval(vote 6-0) of the Minor Subdivision Preliminary Plat on March 1,2023,with conditions and AND WHEREAS,it is the opinion of the Board of Supervisors of Story County,Iowa,that it is advisable and In the best interests of Story County,Iowa,and all persons concerned,that said Plat be approved,and accepted. NOW,THEREFORE,BE IT RESOLVED that the Hidden Creek Fan Plat 1 Minor Subdivision Preliminary Plat involving real estate hereinafter described on Attachment A and shown on Attachment B being the same,is hereby approved and accepted with conditions listed on Attachment C and all acts and deeds of the said owners and grantors in the premises are hereby confined and approved and the real estate hereinafter described on Attachment A and shown on Attachment B shall hereinafter be known as the Hidden Creek Fan Plat 1 Minor Subdivision Preliminary Plat. IT IS FURTHER RESOLVED that the Chair of the Board of Supervisors and the County Auditor are authorized and they are hereby directed to certify a copy of this Resolution 23-74 to be affixed to said Minor Subdivision Preliminary Plat upon its approval by the Board of Supervisors. I. Dated this day of 1 rid c(,, 202 . Chairperson,Board of Supervisors Attest: Q��r• �t� i f c, ROLL CALL Latrfah Faisal Yea Nay_Absent_ G FOR ALLOWANCE Lisa Heddens Yea✓ Nay_Absent_ ?-;�• r.y y;,� Linda Murken Yea✓Nay_Absent W 14 j �T • yr fl'• '" ' •° ALLOWED BY VOTE Page 1 of 5 f T- 2023-03230 SURV 05/25/2023 11:41:29 AM Page 14 of 17 OF BOARD Yeal Nay Absent Above tabulation made by CHAIRPERSON Page 2 of 5 2023-03230 SURV 05/25/2023 11:41:29 AM Page 15 of 17 ATTACHMENT A Survey Description: That part of the Southwest Quarter of the Southwest Quarter of Section 15;Township 84 North,Range 24 West of the 5th P.M.,Story County, Iowa,being more particularly described as follows:Commencing at the Southwest Comer of said Section 15;thence N00°18'57"E,452.00 feet along the west line thereof to the Northwest Comer of Parcel G in said Southwest Quarter of the Southwest Quarter and the point of beginning;thence continuing N00°18'57"E,701.90 feet to the Southwest Comer of Oudot A in Fincham Agricultural Subdivision in the Southwest Quarter of said Section 15;thence S89°54'26"E,1316.46 feet along the south line of said Fincham Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter;thence S00°25'16"W,1151.89 feet to the Southeast Comer thereof;thence N89'59'44"W,918.28 feet along the south line of said Section 15 to the Southeast Comer of Parcel J in said Southwest Quarter of the Southwest Quarter;thence N00'18'21"E,452.07 feet to the Northeast Comer thereof;thence S89`59'38W,395.99 feet along the north line of said Parcels J and G to the point of beginning,containing 30.70 acres,which includes 1.97 acres of existing public right of way. Page 3 of 5 2023-03230 SURV 05/25/2023 11:41:29 AM Page 16 of 17 z� all b o "b a - j uJb �YS Lp■ LL `E`E Fg3E3f*Y�3 � 86�pp� � �I � L�" `yl� 5 W Yap � i � s . _ 1 L r s S A I � of 6 I �IJ1 a Q $M I it LL. ° __i II Q g W k.n I I t tl� # W °u w z s I la Vo } m NVi IE ..a�nse.,v,xrNy d Z m:^ LU LL � Z 4 N ■ l k tt� (83rmvA motll 3nN3AY 1NW0 2023-03230 SURV 05/25/2023 11:41:29 AM Page 17 of 17 ATTACHMENT C Conditions of Approval: 1. The traffic study submitted as part of a conditional use permit or other development application (rezoning,site plan,etc.)shall meet both County standards and Include a traffic memo/turning movements on 1 Wh to be reviewed by City of Ames. 2. Any new accesses proposed as part of the conditional use permit or other development application shall meet both City and County standards for spacing,as allowed by the County or City Engineers. 3. A sidewalk easement shall be submitted and reviewed by the City of Ames prior to Board of Supervisors action on the subdivision plat.The conservation easement shall be updated to include the 20-toot area adjacent to 190th,and to allow a sidewalk. 4. The site soils evaluation for septic shall be submitted with the conditional use permit or other development application(rezoning,site plan,etc.). 5. The storrnwater management plan submitted to the County as part of the conditional use permit or other development application(rezoning,site plan,etc.)shall be submitted to the City of Ames for review. Page 5 of 5