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HomeMy WebLinkAboutA009 - Letter to City Clerk dated June 2, 1998 - proposed resolutions and deed SHARP, BENSON, JAHN, FEILMEYER & WESTENFIELD,pk ATTORNEYS AT LAW DALE E.SHARP 618 DOUGLAS-P.O.Box 270,AMES,IOWA 50010-0270 DAVID W.BENSON TELEPHONE:515-239-5000•FAx:515-239-5010 LAWRENCE E.JAHN — FRANKLIN J.FEILMEYER DAVID W.BENSON VICTORIA A.WESTENFIELD DIRECT NUMBER:515-239-5004 June 2, 1998 Jill L. Ripp g er er [ Acting City Clerk JUiti - 2 - 3 City of Ames, Iowa 5th and Clark fry Y 1,i_G j Ames, Iowa 50010 Re: Resolution to consider releasing an easement in Ames Community Development Park, First Addition, Ames, Story County, Iowa Dear Jill: On behalf of Ford Street Development Co., L.C., and in connection with consid- eration by the City Council of the final plat of Ames Community Development Park, Second Addition, Ames, Story County, Iowa, I am delivering to you three (3) copies of a new public utility easement to be granted by Ford Street Development Co., L.C., to the City of Ames. In exchange for the grant of this new easement, Ford Street Development Co., L.C. requests that the City of Ames release an existing easement over parts of sev- eral lots in the First Addition of the Ames Community Development Park. I also enclose four (4) copies of the proposed resolution to consider the release of the easement and scheduling a public hearing on the proposal; four (4) copies of the "Notice of Public Hearing on Proposed Release of Easement"; four (4) copies of the resolution approving the Release of Easement; and four (4) copies of the Quit Claim Deed to be executed by the Mayor and City Clerk to release the easement. I would ask that the resolution to consider the release of the easement and sched- ule a public hearing on the proposal be included in the City council's agenda for June 16, 1998. If the resolution is passed at that meeting, I assume you will arrange for publica- tion of the legal notice and schedule the public hearing. Please let me know the charges for publication of notice. The procedure required by Iowa Code Section 364.7 concerning the city's ability to dispose of an interest in real property requires the four separate steps described above. However, the four steps required to dispose of the easement over land in the Ames Com- munity Development Park, First Addition need not interfere with the City Council's ap- proval of the final plat of Ames Community Development Park, Second Addition. We are L w � J - 2 - also today requesting approval of the final plat for the Second Addition at the meeting of June 16. Please contact me if you have any questions. Yours very truly, SHARP, BENSON, JAHN, FEILMEYER& WESTENFIELD, PLC O DAVID W. BENSON Attorney at Law Copy to: Ford Street Development Co., L.C. Fox Engineering - Scott Renaud