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Home My WebLink AboutA005 - Email correspondence regarding Amended Resolution recording 1400-0051: Vacation of Storm Water Easement- South 5th Street Properties / Drag and drop Jessica Spoden to: dvoss 03/17/2015 02:30 PM Jessica Spoden 1400-0051:Vacation of Storm Water Easement-South 5th Street Properties Diane, Please hold on recording the Amended Resolution Approving Vacation of Storm Water Easement for the South 5th Street Properties as the owner would like to review it before it is sent for recording. Jessica e, CITY OF P m le s", Jessica D. Spoden Assistant City Attorney 515.239.5146 phone 1515.239.5142 fax jspoden@city.ames.ia.us I City Hall, 515 Clark Avenue Ames, IA 50010 www.CitvofAmes.org I -Caring People-Quality Programs'"Exceptional Service^' This e-mail message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the addressee(s).If the reader of this message is not the intended recipient,you are hereby notified that any reading,dissemination, distribution,copying,forwarding or other use of this message or its attachment(s)is strictly prohibited. If you have received this message in error,please notify the sender immediately and delete this message and all copies and backups thereof. Re: Fw: 1400-0051: Vacation of Storm Water Easement-South 5th Street Properties/ E-Mail (I Jessica Spoden to: Eric Cowles 03/17/2015 02:30 PM Cc: Diane R Voss Jessica Spoden Sure, l think l cc'd you on the email to Diane with the updated version. Sure, I think I cc'd you on the email to Diane with the updated version. I have also attached it to this email. 118119.docx CITY OF Pmes Jessica D. Spoden Assistant City Attorney 515.239.5146 phone 1515.239.5142 fax jspoden@city.ames.ia.us I City Hall, 515 Clark Avenue Ames, IA 50010 www.CitVofAmes.org I —Caring People—Quality Programs—Exceptional Service" This e-mail message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the addressee(s).If the reader of this message is not the intended recipient,you are hereby notified that any reading,dissemination, distribution,copying,forwarding or other use of this message or its attachment(s)is strictly prohibited. If you have received this message in error,please notify the sender immediately and delete this message and all copies and backups thereof. Eric Cowles Can they review it before we record?Thanks! 03/17/2015 02:27:19 PM From: Eric Cowles/COA To: Jessica Spoden/COA@COA Date: 03/17/2015 02:27 PM Subject: Fw: 1400-0051:Vacation of Storm Water Easement-South 5th Street Properties/E-Mail Can they review it before we record? Thanks! . ` AMES ' | OVYA - [l �-[l �� c� r� / / / �. -� Eric D. Cowles, P.E. Civil J0 515.239.5277nuzbv 1515.203.0792coll | 515.239.5404/ar ecovv|es@dty.ames.ia.us| City Hall, 515 Clark Avenue | Ames-;1A50010 | ~Caring People~Quality Programs~Exceptional Service ~ -----Forwarded by Eric Cmw|no/COAonU3/17/2O15O228PK8----- From: RandyKabokoff<rkobakoff@mgin|nw.nom^ To: Eric Cowles<eoow|os@oity.omeo.ia.uo> Cu: Hagan Brown<hagan@oorridomantunea.00mp. Bob Sohwoczknpf<noohvvarzkupf@wi|nux|aw.nnm>. "Roney, Dorothy"<droney@firstam.com>,"Nichols,Jonathan D"<jdnichols@firstam.com> Date: 03/17/201501:00PM Subject: RE: 1400-0051:Vacation of Storm Water Easement-South 5th Street Properties/E-Mail | think xve can handle that...thanks. Can you please send us the document before itgets recorded so our title company can review? Hagan- please have your local guy drop $1Z off with Eric. Thanks. From: Eric Cowles [mai|tn:ecovv|es@dty.ames.io.us] Sent:Tuesday, March 17, 2015 156 PM To: Randy Kabakoff Subject: Re: 1400-0051:Vacation of Storm Water Eosement-South Sth Street Properties /E-Mail All of$12. Thanks! A W ES ' | OYVA - ' AV /l �-�l �� r� / / / �. ~/Eric D' Cowles, P.E. Civil Engineer H 515.239.5277 main 1515.203.0791 cell 1515.239.5404 fax ecowles@city.ames.ia.us I City Hall,515 Clark Avenue I Ames, IA 50010 www.CitvofAmes.org I —Caring People-Quality Programs—Exceptional Service" From: Randy Kabakoff<rkabakoff(cDroginlaw.com> To: Eric Cowles<ecowles()citv.amesJa.us> Cc: "brads(cDstumbosurveying.com"<brads(o)stumbosurveying.com>,David Raisner<dhraisner(a)gmail.com>,"Roney,Dorothy" <droney anfirstam.com>,Hagan Brown<hagan(cDcorridorventures.com>,"Nichols,Jonathan D"<idnichols(cDfirstam.com>,Melissa Crawford<mcrawford(a)roginlaw.com>,Bob Schwarzkopf<rschwarzkopf anwilcoxlaw.com> Date: 03/17/2015 11:44 AM Subject: Re: 1400-0051:Vacation of Storm Water Easement-South 5th Street Properties/E-Mail No problem. How much? Randy P. Kabakoff Rogin Nassau LLC CityPlace I - 22nd Floor 185 Asylum Street Hartford, CT 06103-3460 rkabakoff(a roginlaw.com direct: (860) 256-6325 main: (860) 278-7480 mobile: (860) 680-6553 fax (860) 278-2179 On Mar 17, 2015, at 12:40 PM, Eric Cowles <ecowles cQcity.ames.ia.us>wrote: Randy, Looks like according to our Legal Staff and our Clerk we can do this without going to Council, but they would like to have the recording fee up front. Thanks! <mime-attachment.j p g> Eric D. Cowles, P.E. Civil Engineer H 515.239.5277 main 1515.203.0791 cell 1515.239.5404 fax ecowles@city.ames.ia.us I City Hall,515 Clark Avenue I Ames, IA 50010 www.CityofAmes.or>; I -Caring People-Quality Programs-Exceptional Service" -----Forwarded by Eric Cowles/COA on 03/17/2015 11:38 AM----- From: Jessica Spoden/COA To: ecowles(cD city.ames.ia.us Date: 03/17/2015 11:36 AM Subject: 1400-0051:Vacation of Storm Water Easement-South 5th Street Properties/E-Mail Eric, I spoke to Diane about re-recording the Resolution Approving the Vacation and she said that we could do it and it would not have to be taken back to City Council. I will prepare the amended resolution and get it to Diane for recording. She did ask if the owners could pay up front for the cost of recording. The cost would be$12. Let me know. Thanks, Jessica <mime-attachment.gif> Jessica D. Spoden Assistant City Attorney 515.239.5146 phone 1515.239.5142 fax Ispoden@city.ames.ia.us l City Hall,515 Clark Avenue I Ames, IA 50010 www.CitvofAmes.org I -Caring People-Quality Programs'"Exceptional Service This e-mail message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the addressee(s).If the reader of this message is not the intended recipient,you are hereby notified that any reading,dissemination, distribution,copying,forwarding or other use of this message or its attachment(s)is strictly prohibited. If you have received this message in error,please notify the sender immediately and delete this message and all copies and backups thereof.[attachment"ATT00001.jpg"deleted by Eric Cowles/COA][attachment"ATT00002.gif"deleted by Eric Cowles/COA] DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: Jessica D.Spoden,City of Ames Legal Department,515 Clark Avenue,Ames,IA 50010(Phone: 515-239-5146) Return to: Ames City Clerk,P.O.Box 811,Ames,IA 50010 RESOLUTION NO. RESOLUTION APPROVING VACATION OF STORM WATER EASEMENT AT 301, 303, 305,AND 321 SOUTH 5TH STREET FOR THE CITY OF AMES, IOWA WHEREAS, the property owner of 301, 303, 305, and 321 South 5th Street is in the process of selling these properties; and, WHEREAS, there is an existing storm water easement recorded September 27, 1929 in Book 42 Page 568 and another Easement in favor of the City recorded September 27, 1929 in Book 42 Page 571 that encompasses these properties; and, WHEREAS,these existing easements have impeded the sale of these properties; and, WHEREAS, staff has determined that the easements over these properties are no longer needed, since there is no longer an open ditch from the south end of Kellogg Avenue to Squaw Creek; and WHEREAS, vacating that portion of the easements would allow the sale of the properties to take place; and WHEREAS, pursuant to Iowa Code Section 362.3, notice was given on, February 3, 2015, and a public hearing is being held regarding the proposal of the City to vacate the easements; and, WHEREAS,vacation of the easements are in the best interest of the City. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA THAT: 1. Pursuant to Iowa Code Section 362.3, publication of notice regarding the proposed vacation of the storm water easement and establishing a public hearing date regarding the proposal has been made. 2. The public hearing regarding the vacation of the easement is hereby closed. 3. The storm water easement recorded September 27, 1929 in Book 42 Page 568 and Easement in favor of the City recorded September 27, 1929 in Book 42 Page 571 across the following described land are hereby vacated: Lots 2 and 3 Lindholm's Subdivsion. ADOPTED THIS loth day of February, 2015. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Seconded by: Voting aye: Voting nay: Absent: Resolution declared adopted and signed by the Mayor this day of ) 2015. 2