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Re: 2600-0364: Release of Restrictive Covenants - 104 S. Hazel / E-Mail
Steve Schainker
to:
Mark Lambert
05/27/2016 10:20 AM
Cc:
Diane R Voss, Bob Kindred
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From: Steve Schainker/COA
To: Mark Lambert/COA@coa
Cc: Diane R Voss/COA@coa, Bob Kindred/COA@coa
Mark:
I talked to Kelly and it is ok for him. So, go ahead and place on May 31 agenda.
Steve
Sent from Steve Schainker
On May 26, 2016, at 4:27 PM, Mark Lambert<MarkLanibertncity.ames.ia.us> wrote:
Steve,
I went to Diane and asked to add an item to the agenda for the special Council meeting on Tuesday,
3/21. Diane said that you had instructed that nothing else was to be added to the agenda.
So, I thought I'd tell you the details of this matter, to see if you'd be okay with adding it. It is non-
controversial and would be a very quick item to deal with.
This came to us from the Story County Attorney's office. Story County is selling the Story Co.
Community Life Program building (104 S. Hazel) to Optimae, which is the company that Story Co.
has now contracted with to run their human services programs.
There is a restrictive covenant on the property, which states that it shall not be used for any other
purpose than Story County Community Life program.
The attorney who is doing the title opinion for Story County would like to have the restrictive
covenant released, to clear the title, which can only be done by a Resolution of the Ames City
Council. (Weirdly, the Story Co. Supervisors placed this restrictive covenant on the property, but the
terms of the covenant say it can only be released by Resolution of the Ames City Council). There is
no reason why we shouldn't release this (especially because restrictive covenants expire after 21
years, per Iowa Code, and it is past 21 years since it was enacted). Planning is working with Story
County and Optimae right now to re-zone the property from SGA to Neighborhood Commercial.
They are hoping to close on the sale before the end of June, and they are asking for the Council to
pass such a Resolution releasing the covenant.
So, that's all it is. A quick vote on a Resolution, which I am writing. I'm also writing a CAF.
Is it possible to do this at the March 31 Council meeting? If not, it can wait until June 14, but I fear
that might put the County in a bit of a time-crunch on closing the sale by June 30.
Please let me know your preference.
Thanks!
Mark
file:///C:/Users/diane.voss/AppData/Local/Temp/notesFFF692/—web8363.htm 5/27/2016
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Mark O. Lambert
Assistant City Attorney
515.239.5146 main I 515.239.5142 fax
mlambert@city.ames.ia.usI City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org I -Caring People-Quality Programs-Exceptional Service
file:///C:/Users/diane.voss/AppData/Local/Temp/notesFFF692/—web8363.htm 5/27/2016