HomeMy WebLinkAboutA001 - Email from Legal Department dated June 7, 2022 Ames, Iowa 50010
515-239-5105
diane.voss@cityofames.org
From: Feilmeyer, Victoria <victoria.feilmeyer@cityofames.org>
Sent: Tuesday, June 7, 2022 9:44 AM
To:Voss, Diane <diane.voss@cityofames.org>
Subject: FW: FF&F of Ames, LLC- Easement Agreement [2600-0550]
Diane—I am forwarding to you the following related to the easement pulled from the May 10" agenda. Relates to
property at 2516 Lincoln Way. We do not have an easement in final form yet.
From: Feilmeyer, Victoria
Sent: Monday,June 6, 2022 12:02 PM
To: Gould,Julie<Julie.Gould@cityofames.org>
Cc: Lambert, Mark<Mark.Lambert@cityofames.org>; Whitt, Andrea <andrea.whitt@cityofames.org>
Subject: RE: FF&F of Ames, LLC- Easement Agreement [2600-0550]
Julie: In looking at the document, it does not appear that they have actually granted a storm sewer easement (as shown
on Exhibit C) to the City. I looked up the old document your original email referenced containing the abstract entry (filed
6/1/1940—in Book 56, at Page 328) and this document does NOT contain a grant of easement. See attached—it
contains a waiver for damages, but no actual easement language.
Unless there is some other document filed out there of which I am not aware, the City does not have, and never has had,
an easement for this Box Culvert/Storm Sewer. (See the language below in red). I attached the proposed document,
and it needs to be amended to add an easement for the Storm Sewer. The easiest way to do this is by adding to the first
numbered paragraph "Grantor further grants to the City a perpetual easement for storm sewer purposes over, under,
and across the area legally described on Exhibit C attached hereto." I penciled in the language on the attached as well.
Currently, numbered paragraph 1 merely grants ingress and egress over the "Property" which is defined as Parcel L(see
Exhibit A and as defined in the first paragraph of the recitals).
Let me know if you have any questions.
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 main j 515.239.5142 fax
victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue Ames, IA 50010
www.CityofAmes.org ^ Caring People—Quality Programs — Exceptional Service "
From: Gould,Julie <julie.gould@cityofames.org>
Sent: Sunday,June 5, 2022 8:09 PM
To: Feilmeyer, Victoria <victoria.feilmeyer@cityofames.org>
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Cc: Lambert, Mark<marl<.lambert@cityofames.org>; Whitt, Andrea <andrea.whitt@cityofames.org>
Subject: RE: FF&F of Ames, LLC- Easement Agreement [2600-0550]
The night is was supposed to be at Council we pulled it. I got an email that same evening that they had found the
abstract and it did have the same language as 122 Hayward and in their proposed easement. We told them we still
wanted to go through with the easement. I asked Kelly and Mark if they should include language that rescinds the
abstract language. I did not hear back and they just went ahead and submitted what is attached to this email for review.
(****Do not agree that we have had an easement—see 1940 document which does not contained easement language.)
This easement needs reviewed and if you are ok with it as is, it can go to Council.
Thank You,
Julie
From: Feilmeyer,Victoria <victoria.feilmever@cityofames.org>
Sent:Thursday,June 2, 2022 9:26 AM
To: Gould,Julie <Uie.gould@cityofames.org>
Cc: Lambert, Mark<marl<.lambert@citvofames.org>; Whitt, Andrea <andrea.whitt@cityofames.org>
Subject: RE: FF&F of Ames, LLC- Easement Agreement [2600-0550]
Julie: I had a note regarding this project to circle back with you so that we can close our file. Since our comments on
May 9th—we have not seen a document implementing changes or identifying a legal description for the easement.
The minutes for the Council meeting on 5/10 indicate that Council was asked to move and consider the matter of the
box culvert easement until 5/24, but it appears that did not happen. The draft easement attached to the CAF on 5/10
was not in final form (only a blanket easement that did not the changes or a legal description for the easement area).
Please provide the status so that we are able to evaluate our open file.
xf-
Pmes
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 m(in 1515.239.5142 fax
victoria.feilmever@citvofames.org I City Hall, 515 Clark Avenue Ames, IA 50010
www.CityofAmes.org ^ Caring People —Quality Programs'" Exceptional Service
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