HomeMy WebLinkAboutA002 - Recorded Documents June 29, 2023 Instrument No. 2023-04304 2023-04304 SURV 06/29/2023 10:49:25 AM Page 3 of 13
Prepared by and return to: David L.Ginger, Belin McCormick, P.C.,666 Walnut Street Suite 2000,Des Moines,
4 Iowa 50309(515)283-4668
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OWNER'S CONSENT TO PLAT FOR
IOWA STATE UNIVERSITY RESEARCH PARK PHASE 111, FIFTH ADDITION
KNOW ALL PERSONS BY THESE PRESENTS:
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The undersigned hereby certifies, states and acknowledges that Iowa State University
Research Park is the record titleholder of the real estate situated in Story County, Iowa legally
described as:
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Outlot "U", Iowa State University Research Park Phase 111, Fourth Addition, an
Official Plat, now included in and forming a part of the City of Ames, Story
County, Iowa EXCEPT Parcel "B" as filed in Instrument Number 2022-10580 of
the Story County Recorder's Office,
which is to be subdivided and platted as Iowa State University Research Park Phase III, Fifth
Addition, an Official Plat, now included in and forming a part of the City of Ames, Story
County, Iowa. The undersigned further consents to the .platting of said property as Iowa State
University Research Park Phase 111, Fifth Addition, an Official Plat, now included in and
forming a part of the City of Ames, Story County, Iowa. Such consent is freely given and in
accordance with the desire of said owner, and said owner further consents to the easements
affecting such property as shown on the plat to be filed of record.
The undersigned further hereby dedicates to the City of Ames, Iowa the real estate
situated in Story County, Iowa legally described as:
Lot A in Iowa State University Research Park Phase III, Fifth Addition, an
Official Plat, now included in and forming a part of the City of Ames, Story
County, Iowa.
Dated this day of -J y N , 2023.
[Signature Page Follows)
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SIGNATURE PAGE -- OWNER'S CONSENT TO PLAT
IOWA STATE UNIVERSITY RESEARCH PARK
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By.
ck Sanders, President
i STATE OF IOWA )
i ) SS.'
I COUNTY OF STORY )
This instrument was acknowledged before me this , Nay of 1,<- , 2023 by Rick
Sanders as President of Iowa State University Research Paris.
Notary Public in the State of Iowa
(4193314.1).DOC
REBECCA H wILUAMS
Commission Number$35310
My Commission Expires
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Plat Opinion
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Iowa State University Research Park Phase III, Fifth Addition
Story County, Iowa
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June 7, 2023
City of Ames, Iowa
515 Clark Avenue
Ames, Iowa 50010
1 have examined the abstract of title for the below-referenced property which was prepared by
Abstract&Title Services of Story County,which Abstract was continued to April 19, 2023 at 8:00
a.m., as Abstract No. 2303260436, and my opinion covers matters to said date only, covering the
real estate legally described as:
Outlot "U", Iowa State University Research Park Phase 11I, Fourth Addition, an
Official Plat,now included in and forming a part of the City of Ames,Story County,
Iowa EXCEPT Parcel "B" as filed in Instrument Number 2022-10580 of the Story
County Recorder's Office,
which is the property to be platted as Iowa State University Research Park Phase 111, Fifth
Addition in Story County, Iowa. Based upon the abstract, and solely for the purposes of platting
said real estate, I report title in the name of.
Iowa State University Research Park
subject to the following matters and the General Exceptions:
I. PLATS AND SURVEYS: The abstract shows the following plat(s) and survey(s):
a. Plat of Iowa State University Research Park Phase III First Addition recorded
December 3, 2015 as Instrument No. 15-11633.
b. Plat of Iowa State University Research Park Phase III Third Addition recorded July 12,
2018 as Instrument No, 18-06230,
C. Plat of Iowa State University Research Park Phase II[ Fourth Addition recorded
November 13, 2019 as Instrument No. 19-10780.
d. Plat of Survey recorded August 16, 2018 as Instrument Number 18-07630.
C. Plat of Survey recorded November 4, 2022 as Instrument Number 22-10579.
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2. EASEMENTS AND AGREEMENTS. The abstract shows the following easement(s)and
agreement(s):
j a. Limited Easement for Water Pipeline recorded October 30, 2001 as Instrument No.
a 01-14891.
b. Agreement for Public Improvements and Other Work Pertaining to the Iowa State
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University Research Park Phase III recorded November 18,2014 as Instrument No. 14-
E 10311.
C. Agreement between City of Ames and Xenia Concerning Water Service to Certain
Parcels Adjacent to the Iowa State University Research Park Phase III recorded August
14, 2015 as Instrument No. 15-07889.
' d. Memorandum of Release of Service Territory Rights Agreement recorded November
5, 2015 as Instrument No. 15-10835.
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e. Agreement for Sidewalks recorded December 3, 2015 as Instrument No, 15-11638.
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f. Storm Water Easement recorded April 22, 2016 as Instrument No. 16-03260.
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g. Storm Water Easement and Storm Water Flowage Easement recorded April 22, 2016
as Instrument No. 16-03304.
h. Roadway Easement granted to the City of Ames recorded December 20, 2017 as
Instrument No. 17-12757.
i. Electric Easement granted to the City of Ames recorded July 12, 2018 as Instrument
No. 18-06232.
J. Storm Water Flowage Easement granted to the City of Ames recorded July 12,2018 as
Instrument No. 18-06233.
k. Sanitary Sewer Easement granted to the City of Ames recorded July 12, 2018 as
Instrument No. 18-06234.
1. Public Utility Easement granted to the City of Ames recorded July 12, 2018 as
Instrument No. 18-06232.
m. Agreement for Sidewalks recorded July 12, 2018 as Instrument No. 18-06236.
n. Agreement for Public Improvements recorded July 12, 2018 as Instrument No. 18-
06237.
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3. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Terms,
provisions, conditions, restrictions, reservations, and easements in Mutual Declaration of
Covenants dated January 13, 2016 and recorded January 15, 2016 as Instrument No. 16-00443.
4. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Terms,
provisions, conditions, restrictions, reservations, and easements in Amended and Restated
Declaration of Covenants, Conditions and Restrictions in Iowa State University Research Park
dated July 19, 2016 and recorded July 29, 2016 as Instrument No. 16-07216, as amended by
instruments recorded as Instrument No. 18-06231, Instrument No, 18-09428, Instrument No. 19-
05225 and Instrument No. 16-00443.
5, REAL ESTATE TAXES. 2021-2022 fiscal year taxes: first installment $944.00 paid;
second installment $944.00 paid. Parcel No. 09-22-150-004.
6. ZONING. The property is subject to the zoning ordinances of the city and/or count in
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P p Y J g Y
which the property is located.
7. SEARCHES. No new searches have been made against anyone outside the chain of title.
There appears no liens against the present titleholder except as may be noted in this opinion,
GENERAL EXCEPTIONS
There are certain matters which cannot be ascertained from an examination of the abstract and
which may affect your use of, enjoyment of and rights in and to the real estate under examination.
Accordingly, this title opinion is subject to and you must take notice of the following:
a. Matters which would be revealed by an accurate survey and inspection of the premises
such as encroachments, overlaps, and boundary line disputes. Further, access to public
streets and the correctness of lot area and boundary lines cannot be assured by this opinion.
This opinion does not assure correctness of boundary and lot lines.
b. You are charged with notice of the rights of persons in possession of the real estate or
any portion thereof.
C. Various proceedings regarding zoning and land use regulations may affect the real
estate described in the caption of the abstract. You may wish to contact the appropriate
offices for further particulars to see how they may affect the subject real estate.
d. Any lien for services, labor or material, heretofore or hereafter furnished, imposed by
laws of the State of Iowa and not shown in the abstract. You should satisfy yourself that no
labor or materials have been furnished for improvements within the last 90 days or, if such
improvements have been made, that all suppliers of labor or materials have been fully paid.
The Mechanic's Notice and Lien Registry must be searched at the time of closing and obtain
either a lien waiver, proof of payment, or satisfaction from the contractors or material
suppliers that have posted a Commencement of Work, a Preliminary Notice,or a Mechanic's
Lien to the MNLR.
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C. Special assessments, preliminary assessments, and deficiency assessments are a lien
from certification by the city or the county or other taxing jurisdiction to the County
Treasurer. The lien for such assessments has priority equivalent to real estate taxes. Such a
lien may not be shown in the abstract but may attach against the real estate for work
preliminarily approved by the City Council.
f. Charges for certain municipal services provided by a city prior to your ownership, such
as solid waste and sewage disposal, may be a lien against the real estate when certified to
the County Treasurer's Office, Such a lien has priority equivalent to real estate taxes.
g. The abstract does not disclose the existence of hazardous substances, hazardous waste,
hazardous materials, pollutants, contaminants, underground storage tanks, drainage wells,
active or abandoned water wells and other environmentally-regulated activities. You are
cautioned that federal, state and local legislation may permit injunctive relief, and require
removal and remedial actions, or other clean up, and may create a lien for the same.
h. Searches for judgments by the abstracter are limited to a ten-year period, however,
certain installment judgments such as child support and alimony rendered in a decree of
dissolution more than ten years ago are a lien on the real estate of the obligor for ten years
after the installment becomes due.
L Rights of way for utilities, fences, ditches,drainage tiles, feeders and laterals, if any.
j. Rights in and to that part of the land taken and used for roads and highways, if any.
k. Riparian or water rights incident to the premises, if any.
1. The undersigned provides no opinion whether the above parties hold title as joint
tenants with full rights of survivorship and not as tenants in common or as tenants in
common.
M. Forged or altered documents.
This title opinion is rendered for platting purposes in accordance with the laws of the State
Iowa for no other purpose.of 1 a and r t pup
Very truly yours,
David L. Ginger
(4193315.1).docx
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RECEIVED
J U N g 2023
ISU Research Park Corp
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Prepared by: David L.Ginger,Belin McCormick,P.C.,2000 Financial Center,666 Walnut Street,Des Moines,IA
50309-3989,515-243-7100
CERTIFICATE OF TREASURER OF STORY COUNTY, IOWA
STATE OF IOWA )
) SS
COUNTY OF STORY )
1, Ted Rasmusson, Treasurer of Story County, having examined the records of my office,
in accordance with the provisions of Iowa Code section 354.11, as amended, pertaining to the real
property described as follows:
Outlot "U" Research Park Phase 111 Fourth Addition an
III Iowa State University
Official Plat,now included in and forming a part of the City of Ames, Story County,
Iowa EXCEPT Parcel "B" as filed in Instrument Number 2022-10580 of the Story
County Recorder's Office,
to be hereinafter designated as Iowa State University Research Park Phase III, Fifth Addition,
an Official Plat,now included in and forming a part of the City of Ames,Story County,Iowa
do hereby certify that same is free from real estate taxes, special assessments and special rates and
charges for assessment year 2021 payable 2022/2023 for parcel number 09-22-150-004.
Nor are there any taxes due and payable against Iowa State University Research Park,
the record titleholders of a portion of said real estate except for any established public street
included therein,for Moneys and Credits, Bushels of Grain, Industrial Machinery, Data Processing
Equipment Utilities or Buildings on Leased Land, and that the above real estate is free from all
taxes and special assessments so far as the records of the Story County Treasurer, Story County,
Iowa so reveal.
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Dated at Nevada, Iowa this day of �i , 2023.
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TED RASMUSSON
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STORY COUNTY TREASURER
I By:
Deputy Treasurer
Subscribed and sworn to before me this day of Jlw, 2023.
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011 ARDIS A. BALDWIN NotaryPublic in and for the State of Iowa
W ; * Commission Number 730283
' (4198022.1) Corm r
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LlJ C Y MARTIN
Story County Auditor
and
�� Commissioner of Elections
Cw�l�Ity
Oilloe of the Am Oltor
Approval of Subdivision Plat Name by Story County Auditor
Date 06 19 12023
The Story County Auditor's Office has reviewed the final plat of:
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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 ...._..�
QXA-
ounty Auditor Story County, Iowa
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,.fir;ff•I ► yyi41
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.storycountylowa.gov/auditor
2023-04304 SURV 06/29/2023 10:49:25 AM Page 12 of 13
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INSTRUMENT PREPARED BY:
RETURN To:
CITY OF AMES, IOWA
RESOLUTION NUMBER 23-389
ACCEPTING PLAT OF
IOWA STATE UNIVERSITY RESEARCH PARK PHASE IH, FIFTH ADDITION
AND
ACCEPTING PUBLIC IMPROVEMENTS AGREEMENT AND SECURITY
WHEREAS, there has been submitted to the City Council of the City of Ames, Iowa a
plat of real estate described as:
Outlot "U", Iowa State University Research Park Phase III, Fourth
Addition,an Official Plat, now included in and forming a part of the
City of Ames, Story County, Iowa EXCEPT Parcel "B" as filed in
Instrument Number 2022-10580 of the Story County Recorder's
Office,
to be known as Iowa State University Research Park Phase III, Fifth Addition, an Official Plat,
now included in and forming a part of the City of Ames, Story County, Iowa;
WHEREAS, the Department of Planning and Housing of the City of Ames, Iowa has
recommendcd that the plat be approved;
WHEREAS, the owner of said real estate, Iowa State University Research Park, has
executed an Owner's Consent to Plat declaring that the platting is with its free consent and is in
accordance with its desires as proprietor and dedicating to the City of Ames, Iowa real estate
described as:
Lot A in Iowa State University Research Park Phase III, Fifth
Addition,an Official Plat, now included in and forming a part of the
City of Ames, Story County, Iowa (the "Street Lot");
WHEREAS, the owner of said real estate, Iowa State University Research Park, has
executed an Agreement for Public Improvements agreeing to construct certain improvements and
utilities within Iowa State University Research Park Phase III, Fifth Addition,an Official PIat,now
included in and forming a part of the City of Ames, Story County, Iowa, but such construction has
not yet commenced; and
WHEREAS, it is the opinion of the City Council of the City of Ames, Iowa that the plat
should be accepted and approved, the dedication of the Street Lot should be accepted and the
Agreement for Public Improvements should be accepted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,
Iowa that the plat of Iowa State University Research Park Phase III, Fifth Addition, an Official
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` Plat, now included in and forming a part of the City of Ames, Story County, Iowa be and it is
hereby accepted and approved and the dedication of the Street Lot is hereby accepted.
BE IT FURTHER RESOLVED that the Agreement for Public Improvements secured by
a letter of credit in the amount of Four Hundred Thirty-four Thousand Four Hundred Thirty-seven
Dollars ($434,437.00) is hereby authorized with respect to the public improvements required for
approval of the final plat of the aforementioned subdivision.
BE IT FURTI-IER RESOLVED that all of the acts of Iowa State University Research
Park are hereby confirmed and approved by the City Council of the City of Ames, Iowa on this
27 day of Jame , 2023.
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C*Johila,
IOWA
B
ayoh�
B
Renee Hall, City Clerk
Moved by: 8etcher
Seconded by: _Corrieri
Voting Ave. Set:cher, Beatty-Hansen, Corrieri, Gartin, ,Junk, Rollins
Voting Nay: None
Absent: None
Mayor John Haila declared Resolution Number 23-389 adopted.
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We,John Haila and Renee Hall, do hereby certify that the above and foregoing Resolution
Number 2.3-389 is a true and accurate copy of said Resolution; the 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 ,June , 2023,
John ( , Mayor
Renee Ha , City Clerk N. ;