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Home My WebLink AboutA009 - Letter from Sharp, Jahn, Feilmeyer & Keenan dated April 9, 2002 SHARP, JAHN, FEILMEYER, FEILMEYER & KEENAN,plc ATTORNEYS AT LAW DALE E.SHARP 618 DOUGLAS AVE.,P.O.Box 270,AMES,IOWA 50010-0270 LAWRENCE E.JAHN TELEPHONE:515-239-5000_*FAX:515-239-5010 FRANKLIN J.FEILMEYER INTERNET: HTTP:HAMESIOWALAW.COM/ VICTORIA A.FEILMEYER — CHRISTINE R.KEENAN FRANKLIN'J.FEILMEYER DIRECT NUMBER':515-239-5006 EMAIL:FJF6@lAMESIOWALAW.COM 09 April, 2002 Hon. Mayor& Council Members City of Ames, Iowa 515 Clark Ave. Ames, IA 50010 RE: Chamberlain Street Right-of-Way at Southwest Corner of Intersection with Stanton Avenue Dear Mayor Tedesco and Members of the City Council: We represent Terra Firma, L.P., which owns the land at 207 Stanton Avenue and 2400 Chamberlain Street, located on the southwest corner of the intersection of Cham- berlain and Stanton. The purpose of this letter is to request that the City Council initiate proceedings to vacate and to sell to Terra Firma, L.P., 3.69 feet of land lying generally between the south sidewalk line of Chamberlain Street and the property at 207 Stanton Avenue. Terra Firma, L.P., proposes to pay the costs of this title correction, publication of notice, and recording as consideration. The purpose of this request is two-fold: First, Terra Firma, L.P., and the City of Ames have conflicting claims to the south 2.20 feet of the 3.69 feet requested, for which Terra Firma, L.P., proposes this action to correct title. Second, the remaining 1.49 feet requested would "clean-up" and straighten out the lot lines for the City and the owner along the south side of Chamberlain Street. I have enclosed for your reference two drawings, a photocopy of the Plat of Sur- vey of Parcel "T," a part of Lot 1 of Parker's Addition and a sketch of the proposed va- cation and sale. Please note on the Plat of Survey that the dark line for the boundary of Parcel "T" does not extend to the south line of the sidewalk. The land in question is a part of the abandoned Fort Dodge, Des Moines & South- ern Railway. Terra Firma, L.P., recently acquired land that will serve as a driveway for a parking ramp and commercial structure that will be erected at 217 Stanton Avenue. Terra Firma, L.P., is in the process of preparing a minor subdivision plat of the property de- scribed as Parcel "T," which would ideally include the lands proposed to be vacated and conveyed. FJF w 20020409111812 SHARP, JAHN, FEILMEYER, FEILMEYER & KEENAN,plc ATTORNEYS AT LAW Hon. Mayor& City Council 08 April, 2002 Page 2 The need for title correction arises out of conflicting conveyance. The Fort Dodge, Des Moines & Southern Railway gave conflicting deeds to the City of Ames and to Theodore Landsberg. I have enclosed photocopies of these deeds. The proposal to convey the additional 1.49 feet of right-of-way arises out of a sense that it would be appropriate and good practice to "square off' and "clean up" the corner. I have enclosed proposed proceedings for the vacation and disposal of the prop- erty. I will be happy to work with the city attorney to make the documents satisfactory to the public works department and the city attorney's office. Terra Firma's engineer has reviewed these proposals with the municipal engineer. We believe that these proposals will be acceptable to the Public Works Department staff and to the Council. If the Council is in agreement to proceed with the vacation and disposal of this property, we would greatly appreciate the Council's consideration of the ordinance to va- cate by a waiver of the second and third readings. We recognize that a waiver by the Council of the second and third readings of an ordinance is somewhat extraordinary. We anticipate that this matter will be of little popular interest, and with this action completed, we may then proceed immediately with the minor subdivision plat of this property along with the adjacent lands. Thank you for your consideration of these matters. Please contact me if you have any questions or concerns about this matter. Yours very truly, SH P JAHN, FEILMEYER, FEILMEYER& KEENAN, PLC RANKLIN J FEI MEYER ttorney at Law copy to: Steve Shainker,City Manager Jerry Byg,City Engineer Brian O'Connell,Planning Director John Klaus,City Attorney David Keller,Terra Firma,L.P. Ken Janssen,Engineering Plus FJF N 20020409111812 h ONPLEN.r'.�NFF9 q.-4i KJANS D. SEN •� 8138 •�� L�.• ' A,. Ci�cc,n� b�r�al ✓� S�'Y�e�- . �ues�- -�o r 1f�c a�«► O e S°t, pa, Am, r 0 z K S� Corp-e,r