HomeMy WebLinkAboutA003 - Eastgate Subdivision Plat 2, Consent, Consent to Platting, Attorney's Opinion, Certificate of Treasurer, Approval of Subdivision Plat Name by County Auditor 3 By/Return To:ATS of Story Coun
2 SE 16th Street,Ames IA 50010
File No.
FINAL PLAT Instrument #: 2023-08248
EASTGATE SUBDIVISION, PLAT 2 11/20/z023 11 :42 30 AM Totat Pages 11
St1RV SURVEYS AND PLATS
Recording Fee $ 62 00
LOCATION: SUBDIVISION OF PARCEL C IN LOTS 16&17 Stacie Her r idge, Recorder . Story County Iowa
EASTGATE SUBDIVISION,CITY OF AMES ■ u
STORY COUNTY,IOWA fl, I Will II X,10 10,11 I��■tll� ,I II
OWNER/ AMES MOB,LLC ry rr 'll ■
DEVELOPER: NOON DEVELOPMENT,LLC
715 MARKET ST.,STE 203
CHATTANOOGA,TN 37402
PREPARED BY R.BRADLEY STUMBO,PLS#17161
&RETURN TO: FOX STRAND
AMES,IA 50010
515-233-0000
r N
a
n
ow
NN
pppON
V+N
o LOT 15
. z
w
� � C
pOOGENOLOtNGS, FOUND 1/2"
REBAR
4
I
N OO
NW CORNER LOT 16 I RECN89°569'57' 274 96'00
FOUND 1/2"REBAR I NOT 6RNER L(3r 23
W/YELLOW CAP
#6586
STATE PLANE COORDS
(IA NORTH
N-347631 .80
E-4898051.20
I I
I I
I I
o � LOT � o
40336.90 S.F. n
� I
� 0.93 ACRES I
� I I
LOT 16 I W
ui
10'ELECTRIC STGP11 a l >
EASEMENT plVtstO �I
o I — (5'EA.SIDE SVB Z I �
�N I OF LOT LINE) u~i I -__ �
nC9 mn 0
1 N89°56'32"E 274.98' fO�
nw r40-ram I n ~
} J
1- 0
NN I W o pRGe` s I N m
o = a o I N 2p23.120 I o�
z
yJ0 W a: W
I W I
F u INIT Zll I
U
ti I>- I 8
ae Q` me I z LOT 1 or 17
,z o IN 46779.96S.F. I o
3� �� IW 1.07ACRES I r
o" I i
I
Iz I
IX
I
IW I
I I
L__________ EXISTING 10-—P.LLE___________J
S89°56'22'W 275.00' S89"56'22"W
SW CORNER LOT 17 REC.AS SB9'57'00"W tE-C-ORNER LOT 17 7W CORNER LOT 18
FOUND 112"REBAR SET 1/2"REBAR FOUND 112"REBAR
STATE PLANE COORDS PHILADELPHIA STREET(ROW VARIES) W/YE jOW CAAPL) WSsELLOW CAP
(IA NORTH)
N-347599 .71
E-4897774.36
Zoning District:
HOC-Highway Oriented Commercial
Bulk Regulations:
Building Setbacks:
Survey Description: Front:20%10'for fuel canopy
A subdivision of Parcel C in Lots 16 and 17 in Eastgate Subdivision,City of Ames,Story County,Iowa,all Side:5'
together being more particularly described as follows:Beginning at the Southeast Corner of said Lot 17;thence Rear:10'
S89056'22"W,275.00 feet to the Southwest Corner thereof;thence N00°20'22"E,316.82 feet to the Northwest
Corner of said Lot 16;thence N89°56'32"E,274.96 feet to the Northeast Corner thereof;thence S00°19'56"W, Maximum FAR:.50
316.81 feet to the point of beginning,containing 2.00 acres. Maximum Building Coverage:50%
Minimum Landscaped Area:15%
Note: Maximum Height:85'or 7 stories,18'for
1.Soil borings are required in areas within this plat which have been identified by the City of Ames as having fuel canopies with min.clearance of 14'
soils which make construction of buildings difficult. N
2.Easements shown as existing are taken from the Final Plat of Eastgate Subdivision,filed at Inst.No.99-14583.
0 50' 100,
I hereby certify that this land surveying document was prepared by me or under my direct personal� `"`\tt�iulluup�r. supervision and that I am a duly licensed Professional Land Surveyor under the lows of the State of Iowa. o OVEY ST 111,
STRAND
ASSOCIATES` //�� � / p A 17161 p
FOX Strand i ��_ ' A �D�7(2J =o'•, ::
414 South 171h Street,Suite 107 R. BRADLEY STUMBO, LS DATE S psi••, /owP �-N
Phone;(515)233-0000 Myowa 50010elicense nse rrenewal ber tdate Is December 31, 2023. ;i'°NAi�I�i�ANO��SJ
FAX: (515)233-0103
10B#7116.007 DATE:9/18/23 PAGE 1 OF 1
INSTRUMENT PREPARED BY: Brian D. Torresi, 120 S 1611 St.,Ames,lA 50010(515)288-2500
RETURN To: Brian D.Torresi, 120 S 161 St.,Ames,IA 50010
CONSENT
KNOW ALL PERSONS BY THESE PRESENTS:
That AMES MOB,LLC,does hereby covenant that it is the lawful owner of the following-
described real estate situated in Story County, Iowa,to-wit:
Parcel "C" of Lots Sixteen (16) and Seventeen (17), Eastgate Subdivision, Ames,
Story County,Iowa,as shown on the Plat of Survey recorded on September 20,2021,
as Instrument No. 21-12008
The undersigned does hereby certify,acknowledge and declare that the platting of said real
estate to be known as EASTGATE SUBDIVISION, PLAT 2, AMES, STORY COUNTY,
IOWA, is with its free consent and in accordance with its desires as proprietor.
Dated this j�day of October, 2023.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
CONSENT
AMES MOB,LLC
By: _ g di;67
Bob Elliott, Authorized Officer '`
STATE OF�ernve55e- , COUNTY OF VV r,-, 16A , SS:
This record was acknowledged before me on this A day of October,2023,by Bob Elliott,
as an Authorized Officer of Ames MOB, LLC. �Q
A., E, L qA,)
Not Public, State o T-errt55eo—
My commission expires 3.2-2-2�Z7
yap E. sEF�F
STATE 9
OF
TENNESSEE
0 NOTARY O
0 PUBLIC
OF NA
My Commission Expires
,3-22-42 7
2
INST11UMENT PREPARED BY: Brian D.Torresi, 120 S 16th St. Ames,IA 50010 515 288-2500
MORTGAGEE'S CONSENT TO PLATTING
WHEREAS, SmartBanlc(the "Mortgagee") is the present owner of that certain Mortgage,
Assignment of Leases and Rents, Security Agreement and Fixture Filing given by Ames MOB,
LLC (collectively, the "Mortgagor') dated September 15, 2021, and filed in the office of the
Recorder of Story County, Iowa, on September 2.4, 2021, as Instrument No. 21-12247, and
therefore,the Mortgagee has an interest in the real property described as follows:
Parcel "C" of Lots Sixteen (16) and Seventeen (17), Eastgate Subdivision,Ames,
Story County, Iowa, as shown on the Plat of Survey recorded on September 20,
2021, as Instrument No. 21-12008
WHEREAS, the Mortgagee has been requested to consent to the platting of said real
property to be known as EASTGATE SUBDIVISION, PLAT 2, AMES, STORY COUNTY,
IOWA, and deems it advisable to do so;
NOW,THEREFORE, for good and valuable consideration:
1. CONSENT. The Mortgagee agrees and consents to the platting of said real
property described herein to be known as EASTGATE SUBDIVISION, PLAT 2, AMES,
STORY COUNTY,IOWA.
IN WITNE WHEREOF, the Mortgagee has caused this instrument to be executed on
its behalf on this/� ay of October, 2023.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
MORTGAGEE'S CONSENT TO PLATTING
SMARTBANK
By: Gl� EJ�
-TV--le-le e,e
NAME TITLE
STATE OF`r(jr1C5S c2 , COUNTY OF [�qr)i &L, SS:
This record was acknowledged before me on this 1±1day of October, 2023, by
( J \(erCz-z , as the L-1/f of SmartBank.
STATE 0 Notary Public, State of�enntSSey-
Q F My commission expires-1-LOt, a8. X?
TENNESSEE
NOTARY
pUBUO
DT.,ENE 2E3,�2p027
0r�"
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 161 Street,
Ames, Story County, Iowa. I further state that I have examined the Abstract of Title to the
following-described real estate, to-wit:
Parcel "C" of Lots Sixteen (16) and Seventeen (17), Eastgate Subdivision,Ames,
Story County,Iowa,as shown on the Plat of Survey recorded on September 20,2021,
as Instrument No. 21-12008
(the "Real Estate")from the root of the title thereof,down to and including the 10"'day of October,
2023 at 8:00 a.m.,last certified by Abstract&Title Services- Story County,Ames,Iowa(Iowa Title
Guaranty Division Member#8650). The Real Estate has now been subdivided and is now known as
EASTGATE SUBDIVISION,PLAT 2,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 Ames MOB,LLC. The Real Estate is subject to easements of record
and to zoning ordinances of the City of Ames, Iowa, as well as the following:
1. Development Agreement Eastgate Subdivision by and between the City of Ames,Iowa
and Eastgate Development, Inc. dated October 6, 1998, and filed in the office of the
Recorder of Story County, Iowa, on October 16, 1998,as Instrument No. 98-14377, as
amended by the Amendment to Development Agreement Eastgate Subdivision dated
December 8, 2015, and filed in the office of the Recorder of Story County, Iowa, on
December 18, 2015, as Instrument No. 15-12109; and
2. Mortgage,Assignment of Leases and Rents,Security Agreement and Fixture Filing given
to SmartBank dated September 15,2021,and filed in the office of the Recorder of Story
County, Iowa, on September 24,2021, as Instrument No, 21-12247.
Dated this 8t' day of November, 2023.
DENTONS DAVIS BROWN
By. -
Brian D. Torresi,Attorney
Iowa Title Guaranty Member No. 10046
INSTRUMENT PREPARED BY: Brian D.Torresi, 120 S 16`h St.,Ames,IA 50010 515 288-2500
RETURN To: Brian D.Torresi, 120 S 161 St.,Ames,IA 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 EASTGATE
SUBDIVISION, PLAT 2, AMES, STORY COUNTY, IOWA, is free from certified taxes and
certified special assessments.
Dated this l day of October, 2023.
TED RASMUSSON
TREASURER, STORY COUNTY, IOWA
Parcel No. 05-36-476-015
r
LUCY MARTIN
Story County Auditor
and
Commissioner of Elections
County
fowA-1863
Office of the Auditor
Approval of Subdivision Plat Name by Story County Auditor
Date `� � ��� I -0 C
The Story County Auditor's Office has reviewed the final plat of:
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 Auditor of Story County, Iowa
n 'i ,y
(SEAL)
M4,
'q- sit
f 0 v.
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
i
I
I
I
I
I
i
I
i
INSTRUMENT PREPARED BY: Brian D.TOrresi, 120 S 16th St.,Ames,IA 50010 515 288-2500
RETURN To: Brian D.Torresi 120 S 16th St.,Ames IA 50010
i
i CITY OF AMES,IOWA
RESOLUTION NUMBER 21-577
ACCEPTING PLAT OF EASTGATE SUBDIVISION,
PLAT 2,
i AMES,STORY COUNTY,IOWA
WHEREAS,there has been submitted to the City Council of the City of Ames,Iowa,a plat of
I
real estate described as:
Parcel"C"of Lots Sixteen(16)and Seventeen(17),Eastgate Subdivision,Ames, Story
County, Iowa, as shown on the Plat of Survey recorded on September 20, 2021, as
Instrument No. 21-12008
to be known as EASTGATE SUBDIVISION,PLAT 2,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,Ames MOB, LLC,has executed a written Consent
declaring that the platting 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,Iowa,
that the plat of EASTGATE SUBDIVISION,PLAT 2,AMES,STORY COUNTY,IOWA,be and it
is hereby accepted and approved, and
BF IT FURTHER RESOLVED that all of the acts of Ames MOB, LLC are hereby confirmed
and approved by the City Council of the City of Ames, Iowa, on this 14 day of
November ,2023.
CITY OF AMES, IOWA
By eM
JOHN HAILA, Mayor
By
RENEIFHALL, City Clerk
Moved by: Beatty-Hansen
Seconded By: Junck
Voting Aye: Beatty-Hansen, Corrieri, Gartin, Junck, Rollins
Voting Nay: None
Absent: Betcher
Mayor John Haila declared Resolution Number 23-577 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 23-577 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
14 day of November , 2023.
JOHN HAILA, Mayor
r./ } (7
RENEE HALL, City t lerk
2