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HomeMy WebLinkAboutA002 - Letter dated January 6, 2010 to Council from attorney for R. Friedrich & Sons, Inc. f ��fs I-B-io Copy -b:,�h n�'o;ner PASLEY AND SINGER LAW FIRM , L. L. P. -ESTABLISHED 1906- C. A. PASLEY 323 SIXTH STREET C. H. PASLEY JOHN L.TIMMONS 1 676- 1952 JANE M. MATHISON P.O. BOX 664 LARRY R. CURTIS AMES, IOWA 50010-0664 R. G. PASLEY SCOTT L. HIPPEN 1 91 5- 2007 TELEPHONE: (51 5) 232-4732 FRAN KLIN J. FEILMEYER W. A. SINGER FAX: (515) 232-4756 RETIRED SENDER'S EMAIL: S. A. HOLM FJFQa SINMERLAW.COM RETIRED January 6,2010 Hon.Mayor&Council City of Ames, Iowa 515 Clark Ave. Ames,IA 50010 RE: Proposed vacation and sale to R. Friedrich and Sons, Inc.,of part of East Lincoln Way Dear Mayor Campbell and Members of the City Council: We represent R. Friedrich and Sons, Inc.,which owns buildings located at 605 to 729 East Lincoln Way, and commonly called Lincoln East. This is the location of Friedrich's corporate office suite, a warehouse, a shop, the UPS facility, and several other small businesses. Our client has used and occupied for parking and driveway purposes a strip of land 10 feet wide within the north right-of-way of East Lincoln Way for about 39 years. (We enclose the assessor's GIS drawing with aerial overlay for your reference.) We propose that the city vacate this land and sell it to R. Friedrich and Sons, Inc. The purposes of this request are to consolidate land that is already in use by the adjacent land owner and to enable the land owner to proceed with a subdivision plat of this right-of-way with the adjacent land. As you may be aware, R. Friedrich and Sons, Inc., is now working with the city planning and housing department to replat Friedrich's Commercial Addition and adjacent,previously unplatted land to the north. We believe that both the city and the company have been treating this part of the right of way as part of the adjacent subdivision, and in fact,the city recently approved a plat of survey that included part of this land. We are herewith providing proposed resolutions, notices, and ordinances to facilitate this transaction,including the following: • Resolution proposing vacation of right of way and setting hearing • Notice of hearing on proposed vacation of right of way • Ordinance approving vacation and closing of right of way • Proposed purchase agreement for vacated right of way • Resolution proposing sale of land by contract • Notice of hearing on proposed sale of land • Resolution approving sale of land by contract To the extent that there is an existing policy regarding the valuation of rights-of-way, we request that the City Council waive that policy. The land has been in the open use and possession of the adjacent FJF V2010010609M37 WWW.SIN13ERLAW.COM PASLEY AND SINGER LAW FIRM , L. L. P. City of Ames,Iowa January 6,2010 Page 2 owner, with the potential for a claim of adverse possession. The City has treated the land as being owned by R. Friedrich and Sons, Inc. Our client proposes to provide any necessary easements to preserve the city's interest in utilities. For all these reasons, we propose to purchase the right of way from the city for $10.00 and the city's costs of sale. We ask that this matter be reviewed for the earliest possible action by the city council. While it has been suggested by city staff to our client's engineer, that this decision should be made with the subdivision plat, such a delay is not feasible. A decision inconsistent with the proposed platting would defeat any subdivision planning presented for approval by the City and impose a great cost in time in expense. We,therefore,ask that city staff be authorized to proceed with this proposal immediately. Thank you for your consideration of this request. Yours very truly, PA,SLEY A"SIN LAW FIRM,L.L.P fftomrey in J.F 'lme er at Law copy to: John Joiner Doug Merek Kurt Friedrich Ken Janssen FJF N 20100106094437 PASLEY AND SINGER LAW FIRM , L. L. P . City of Ames, Iowa January 6,2010 Page 3 4 ZT 1 ITT ra e SEr ... Assessor's GIS drawing with aerial (2008) overlay. The area proposed for vacation is generally between the red dashed line and the blue line on the above photograph. Note the paving and vehicles between the red dashed line and the blue line. FJF N 20100106094629