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HomeMy WebLinkAbout~Master - JT Warehouse Subdivision riled By/Re M ib:ATS OMMTC—ty 212 SIB 16th Stleet,ABW*14 b0010 FDeHa ---iT� - 1 � { I 1 p !e I ji --------------- - - ----- ---- ----------------------------- -- J '1 -----------------------------------r------- i I I I r-n I r II I •I I scs*a I �` 122vr p !y m I 6 En I I O eZ i f/3 I R II I i 11 , ;' ; � I ' I , ; If. j i 19 -;I' " 0 � II i .:• @EI M 1 j pip i. q = i 110 g c I I ' (I &rr yE Cn i �r;t t ear eer to R9 � 1t 11 I i i ' rq= O Z � 8 � I r I I 4 I e N y] s o r ■x _... -- -- t Instrument U: 2023-06858 'FlF 09/27/2023 03:16:49 PM Total Pages: 16 SURV SURVEYS AND PLATS 1{ e6e Recording Fee: S 87.00 2023-06858 SURV 09/27/2023 03:16:49 PM Page 2 of 16 Retum to Preparer. Lisa R.Wilson,WILSON&EGGE,P.C.,222 N.W.Sunrise Drive,Waukee,Iowa 50263(515)369-2502 CONSENT AND DEDICATION KNOWN BY ALL MEN PRESENT: The undersigned,Jordon Elwell Properties,L.L.C.,an Iowa limited liability company,acting with full authority to act for and on behalf of the limited liability company,does hereby consent to the platting of the property to be platted as JT Warehouse Subdivision,an Official Plat,City of Ames,Story County,Iowa and specifically described as follows: Parcel A in the Northwest Quarter,as originally shown on the Plat of Survey filed at Inst.No.99-11952, and on the updated Plat of Survey filed at Inst.No.2011-11372,in Section 5,Township 83 North,Range 23 West of the 5th P.M.,City of Ames,Story County,Iowa,containing 55.18 acres,which includes 1.66 acres of existing public right of way, to be known as JT Warehouse Subdivision. The undersigned,being an owner of the above property to be platted,declares that this Consent is prepared with the free consent and in accordance with the desires of the undersigned owner. The undersigned further dedicates Lots A and B as shown on the Final Plat to the City of Ames, Iowa,as public streets for the perpetual use of the public. Dated on this day of ,2023. -SIGNATURE PAGE TO FOLLOW- 2023-06858 SURV 09/27/2023 03:16:49 PM Page 3 of 16 -SIGNATURE PAGE- JORDON ELWELL PROPERTIES,L.L.C.,an Iowa limited liability company By; _t cam_ Jordo we ,Manager STATE OF IOWA ) COUNTY OFII� ) This record was acknowledged before me on this day of 2023,by Jordon Elwell, Manager of Jordon Elwell Properties,L.L.C. ANOELA ANN BRUNNER , a Iasion Number 836290 o Carom mis ► Not ry P lic in and for the State of Iowa 2 2023-06858 SURV 09/27/2023 03:16:49 PM Page 4 of 16 Mum to Preparer. Lisa R.Wilson,WILSON&EGGE,P.C.,222 N.W.Sunrise Drive,Waukee,Iowa 50263(515)369-2502 CONSENT AND DEDICATION KNOWN BY ALL MEN PRESENT: The undersigned,Todd Rueter and Constance Rueter,husband and wife,with full knowledge,do each hereby consent to the platting of the property to be platted as JT Warehouse Subdivision,an Official Plat,City of Ames,Story County,Iowa and specifically described as follows: Parcel A in the Northwest Quarter,as originally shown on the Plat of Survey filed at Inst.No.99-11952, and on the updated Plat of Survey filed at Inst.No.2011-11372,in Section 5,Township 83 North,Range 23 West of the Sth P.M.,City of Ames,Story County,Iowa,containing 55.18 acres,which includes 1.66 acres of existing public right of way, to be known as JT Warehouse Subdivision. The undersigned,being an owner of the above property to be platted,declares that this Consent is prepared with the free consent and in accordance with the desires of the undersigned owner. The undersigned further dedicates Lots A and B as shown on the Final Plat to the City of Ames, Iowa, as public streets for the perpetual use of the public. Dated on this day of 2023. -SIGNATURE PAGE TO FOLLOW- 2023-06858 SURV 09/27/2023 03:16:49 PM Page 5 of 16 -SIGNATURE PAGE- TODD RUETER CQKSTANCE RUETER STATE OF IOWA ) COUNTY OFF Ol1'� ) This record was acknowledged before me on this day o 2023,by Todd Rueter. ANGELA ANN BRUNNER LA,_ Fvv,�k_k� Commission Number a36290 My Cpmm1jsion Ex I Nota ub 'c in and for the State of Iowa STATE OF IOWA ) COUNTY OF ) M This record was acknowledged before me on this day of 23,by Constance Rueter. C,I- des ANGELA ANN BRUNNER ( JVA — Not Pu lie in and for the State of Iowa Commisslon Number 836 0 ,R�FnG' Is I r 2 2023-06858 SURV 09/27/2023 03:16:49 PM Page 6 of 16 WILSOIN, E'Cff Cr IF ATTORNEYS'--AT LAW 222 N.W.SUNRISE DRIVE USA R.WILSON WAUKEE,IOWA 50263 JEFFREY A.EGGE BRYAN M.LOYA TELEPHONE- (515)369-2502 FACSIMILE- (515)369-2503 August 7,2023 Mayor John Haila City of Ames,Iowa City Hall 515 Clark Avenue Ames,Iowa 50010 Re: Plat Title Opinion/JT Warehouse Subdivision Dear Sir: Pursuant to the requirements of Iowa Code Section 354.11(1)(c)(2021),I hereby certify that I have examined the Abstract of Title No.2307281281,prepared by Abstract&Title Services of Story County and certified that it reflects all matters up to August 3,2023 at 8:00 a.m.and relating to the following property: . Parcel A in the Northwest Quarter,as originally shown on the Plat of Survey filed at Inst.No. 99-11952,and on the updated Plat of Survey filed at Inst.No.2011-11372,in Section 5, Township 83 North,Range 23 West of the 5th P.M.,City of Ames,Story County,Iowa, containing 55.18 acres,which includes 1.66 acres of existing public right of way, to be known as JT Warehouse Subdivision. As of that date and time,we find from our examination that good and marketable title to the property described above is held by: Todd Rueter,an undivided 50%Tenant-in-Common interest;Jordon Elwell Properties,L.L.C.,an undivided 50%Tenant-in-Common interest subject to the following: 1. REAL ESTATE TAXES: The Abstract shows fiscal year 2022/2023 real estate taxes as unpaid. 2023-06858 SURV 09/27/2023 03:16:49 PM Page 7 of 16 -Page 2 2. EASEMENTS/AGREEMENTS: The Abstract shows a Limited Easement to Central Iowa Water Association for water pipeline purposes filed July 6, 1993 in Book 526,Page 308. The Abstract shows a Drainage Agreement and Easement to Barilla America,Inc. filed March 31, 1998 as Instrument No.98-03875. The Abstract shows an Agreement Pertaining to the Rezoning and Development of Land in the City of Ames between the City of Ames, Iowa and Wolford Development Options, L.L.C. filed December 18,2007,as Instrument No.07-14279. The Abstract shows a Water Service Territory Agreement between Iowa Regional Utilities Association d/b/a Central Iowa Water Association and the City of Ames, Iowa filed March 21, 2016 as Instrument No. 16-02124. The Abstract shows a Rezoning Agreement for Adoption of the Master Plan for 4098 E. 131h Street between the City of Ames, Iowa and Elwell-Rueter, L.L.C. filed July 14, 2023 as Instrument No. 2023-04748. The Abstract shows a Memorandum of Tenants in Common Agreement filed August 2,2023 as Instrument No.23-05323. 3. PLAT OF SURVEY: The Abstract shows a Plat of Survey filed November 4, 1997 as Instrument No.97-11952. 4. PLAT OF SURVEY: The Abstract also shows an Amended Plat ;of Survey filed December 12, 1997 as Instrument No.97-13483. 5. RESOLUTION: The Abstract shows Resolution No. 04-229 Approving Voluntary Annexation of Territory to the City of Ames,Iowa filed May 28,2004 as Instrument No.04-06825. 6. PLAT OF RETRACEMENT: The Abstract shows a Plat of Retracement filed October 22,2009 as Instrument No.09-13076. 7. ACQUISITION PLAT: The Abstract shows an Acquisition Plat referenced in Consent and Dedication filed June 8,2010 as Instrument No. 10-05267. 8. LAND SURVEY CORNER CERTIFICATE: The Abstract shows the United States Public Land Survey.Corner Certificate filed November 5,2010 as Instrument No. 10-11141. 9. LAND SURVEY CORNER CERTIFICATE: The Abstract shows the United States Public Land Survey Corner Certificate filed November 5,2010 as Instrument No. 10-11143. 10. LAND SURVEY CORNER CERTIFICATE: The Abstract shows the United States Public Land Survey Comer Certificate filed December 14,2011 as Instrument No. 11-12662 2023-06858 SURV 09/27/2023 03:16:49 PM Page 8 of 16 -Page 3 11. ZONING: The property under examination is subject to the zoning ordinances of the City of Ames. 12. SEARCHES: The Abstract reflects searches as to the above titleholders. You are hereby advised that this opinion is prepared pursuant to Iowa Code Sections 614.26 and 614.28 of the 2021 Code of Iowa, Chapter I 1 of the Iowa Title Examination Standards,the abstracting standards of the Iowa Land Title Association and the 40 Year Marketable Title Act. Respectfully submitted, WILSON&EGGE P.C. By: Lisa R.Wilson Title Guaranty No. 10118 2023-06858 SURV 09/27/2023 03:16:49 PM Page 9 of 16 Retum to Preparer. Lisa R.Wilson,WILSON&EGGE,P.C.,222 N.W.Sunrise Drive,Waukee,Iowa 50263 (515)369-2502 STORY COUNTY TREASURER'S CERTIFICATE STATE OF IOWA ) )SS COUNTY OF STORY ) The undersigned,on behalf of the Story County Treasurer's Office,hereby certifies that I have examined the records of this office in accordance with the provisions of Section 354.11 of The Code of Iowa,and have determined that Todd Rueter and Jordan Elwell Properties,L.L.C.are the present fee titleholders to the following described real estate: Parcel A in the Northwest Quarter,as originally shown on the Plat of Survey filed at Inst.No.99-11952, and on the updated Plat of Survey filed at Inst.No.2011-11372,in Section 5,Township 83 North,Range 23 West of the 5th P.M.,City of Ames,Story County,Iowa,containing 55.18 acres,which includes 1.66 acres of existing public right of way, to be known as JT Warehouse Subdivision. 1 further certify that taxes for the above-described real estate,specifically Parcel No.10-05-100-110,for fiscal year 2022/2023 have been paid. I further certify that said property is free from all special assessments,special rates, and charges,nor are there any taxes due for Monies and Credits,Bushels of Grain,Industrial Machinery,Data Processing Equipment,Utilities or Buildings on leased land against Todd Rueter and Jordan Elwell Properties,L.L.C. which are the record titleholders of the above-described real estate. Dated this 6 day of 2023. STORY COUNTY TREASURER I p . {JBSCRIBED AND SWORN to before me,a Notary Public in and for the State of Iowa,on this day Y '`��` 2023. ;) 'A.•� ' = No Publi in and forthe State of Iowa �i r4',+•*ti'• •• .'��fi���'/}/,��/���„r'rf Il,��R,r h`�•l.•�''``•`` *'.`-v im, '4-�/� EJENNIFER DEVRIES sion Numter 81 024TS 2023-06858 SURV 09/27/2023 03:16:49 PM Page 10 of 16 LUCY MARTIN Story County Auditor and S -1 Commissioner of Elections County IOWA•185 Office of the Auditor Approval of Subdivision Plat Name by Story County Auditor Date Oq 1 2-1 1 2023 The Story County Auditor's Office has reviewed the final plat of: ;U-V Wckc(2�c e- SL lW1 las1Ov-' 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 County Au itor of Story County, Iowa Urij =Gl�1sK4cvJhl�,y��l� RIIJ15LIN I P41` �1f J�Ta 701 r,l{t Y ♦ 1, R' 1Z t. 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 2023-06858 SURV 09/27/2023 03:16:49 PM Page 11 of 16 I Rehm to Preparer: Lisa R.Wilson,Wilson&ERee,P.C.,222 N.W.Sunrise Drive,Waukee,Iowa 50263 (515)369-2502 CITY OF AMES,IOWA RESOLUTION NUMBER 23-529 ACCEPTING PLAT OF JT WAREHOUSE SUBDIVISION AMES,STORY COUNTY,IOWA,AND PUBLIC IMPROVEMENTS AGREEMENT WHEREAS,there has been submitted to the City Council of the City of Ames,Iowa,a plat of real estate described as: Parcel A in the Northwest Quarter,as originally shown on the Plat of Survey filed at Inst. No. 99-11952, and on the updated Plat of Survey filed at Inst. No. 2011-11372, in Section 5, Township 83 North,Range 23 West of the 5th P.M.,City of Ames,Story County,Iowa,containing 55.18 acres,which includes 1.66 acres of existing public right of way, J to be known as JT WAREHOUSE SUBDIVISION,CITY OF AMES,STORY COUNTY,IOWA. WHEREAS, the Department of Planning and Housing of the City of Ames, Iowa, has recommended that the plat be approved. WHEREAS,the owners of said real estate,Jordon Elwell Properties,L.L.C.,and Todd and Constance Rueter, have executed a written Consent and Dedication declaring that the platting is with their free consent and is in accordance with their desires as proprietors. WHEREAS, it is the opinion of the City Council of the City of Ames,Iowa,that the plat should be accepted and approved. WHEREAS the owners have provided a Public Improvements Agreement for improvement to the property,and the City Council does hereby approve of said Improvements Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa, that the plat of JT WAREHOUSE SUBDIVISION,CITY OF AMES,STORY COUNTY,IOWA, be and is hereby accepted and approved. BE IT FURTHER RESOLVED that the dedication of Lots A and B (Ealt 130'Street),for public street services be and the same is hereby accepted for and on behalf of the City of Ames, Iowa,and that all of the acts of Jordon Elwell Properties,L.L.C.,and Todd and Constance Rueter, 2023-06858 SURV 09/27/2023 03:16:49 PM Page 12 of 16 are hereby confirmed and approved by the City Council of the City of Ames,Iowa,on this 9(; — day of September ,2023. BE IT FURTHER RESOLVED that the Agreement For Public Improvements be and is hereby accepted and approved. CITY OF AMES,IOWA I By: John Uaila,Mayor aAze- �4� By. t".. Renee Hall, City Clerk Moved by: Betcher Seconded by: Beatty-Hansen . r. ^Y ,• ,. �4, Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Ro 11 l�is'►; Voting Nay: None Absent: ', None " I 2023-06858 SURV 09/27/2023 03:16:49 PM Page 13 of 16 Mayor John Haila declared Resolution Number 23-529 adopted. We, John Haila and Renee Hall, 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 23-529 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 26 day of September ,2023. John ila,Mayor enee Hall City Clerk % .. I I 2023-06858 SURV 09/27/2023 03:16:49 PM Page 14 of 16 CITY OF AMES,IOWA I RESOLUTION NUMBER 23- 530 ACCEPTING DEFFERAL OF WATER TERRITORY RELEASE UNTIL APPROVAL OF SITE DEVELOPMENT PLANS FOR LOTS 1 AND 2 IN JT WAREHOUSE SUBDIVISION AMES,STORY COUNTY,IOWA, WHEREAS, there has been submitted to the City Council of the City of Ames, Iowa, a subdivision plat of real estate described as: Parcel A in the Northwest Quarter,as originally shown on the Plat of Survey filed at Inst. No. 99-11952, and on the updated Plat of Survey filed at Inst. No. 2011-11372, in Section 5, Township 83 North,Range 23 West of the 5th P.M.,City of Ames,Story County,Iowa,containing 55.18 acres,which includes 1.66 acres of existing public right of way, to be known as JT WAREHOUSE SUBDIVISION,CITY OF AMES,STORY COUNTY,IOWA. WHEREAS,the JT WAREHOUSE SUBDIVISION is located within rural water territory governed by a Water Service Territory Agreement filed March 21, 2016, as Instrument No. 16- 02124;and I WHEREAS, the owners and proprieters of said real property, Jordon Elwell Properties, L.L.C.,and Todd and Constance Rueter(individually and/or jointly known as the"Owners"),have requested that the City defer the requirement that"said owners obtain and file a release from Iowa Regional Utilities Association or"IRUA"(d/b/a Central Iowa Water Association or"CIWA")to provide water service to Lots 1 and 2,JT WAREHOUSE SUBDIVISON,Ames,Iowa,until such time as either party,including their successors and assigns,submits to the City and seeks approval of a Site Development Plan upon either Lot from the City;and WHEREAS, it is the opinion of the City Council of the City of Ames, Iowa, that the requested deferral is appropriate and should be approved. NOW,THEREFORE,BE IT RESOLVED by the City Council that the requested deferral is approved and deferred until such time as the Owners,or their successors and/or assigns,submit and seek approval of a Site Development Plan upon a platted lot in JT WAREHOUSE SUBDIVISION,CITY OF AMES,STORY COUNTY,IOWA,at which time the Owners,or their successors and/or assigns,shall submit and file a valid release from IRUA of the right to provide water service to said platted lot as a condition of obtaining approval of the Site Development Plan. This Resolution is hereby confirmed and approved by the City Council of he City of Ames, Iowa,on this & day of September 2023. 2023-06858 SURV 09/27/2023 03:16:49 PM Page 15 of 16 CITY OF AMES,IOWA 4JI) 't I, By: John Haila,Mayor R e Hall City C erk : `.' Moved by: Betcher Seconded by: Beatty-Hansen, 3^_ '. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins � �,�,t.'• 1'',+'ft ' Voting Nay: None Absent: None I I 2023-06858 SURV 09/27/2023 03:16:49 PM Page 16 of 16 Mayor John Haila declared Resolution Number rg_5gn adopted. We, John Haila and Renee Hall, 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 23-530 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 Amer,Iowa,at a duly convened meeting thereof on the_�L day of GTtembe* ,2C l:tlieeljii John Haila,Mayor ti ;�'�,'.r� a�• Renee Hall,City Clerk e e.�t,:• t �l I I