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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