HomeMy WebLinkAboutA060 - Payment of Water tapping fees for lot 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, and 23 - Letter of unpaid assessments City Attorney's Office
515 Clark Avenue,P. O.Box 811
Caring People
QuakPmg,m,�r Ames,IA 50010
Ex`epfl°n°Service Phone: 515-239-5146 •Fax: 515-239-5142
December 2, 2005
Mr.Rod Kubat
Nyemaster Law Firm
700 Walnut Street, Suite 1600
Des Moines, Iowa 50309-3899
Re: Eastgate Subdivision,Unpaid Assessments
Dear Rod:
Today I received from the 1st National Bank its check in the amount of$8,139.31 to pay the water main tapping
fees for lots 8,9, 10, 11, 12, 13, 14, 15, 16, 17,21,22,and 23 in Eastgate Subdivision,Ames,Iowa. That payment
satisfies the tapping fee payment obligation for those lots pursuant to Section 11-3 of the Development Agreement,
recorded as Instrument 98-14377, office of the Story County Recorder.
The landowner obligation under II-2 of the said Development Agreement,to reimburse the City's costs incurred
if the City constructs a north bound left turn lane on Dayton Avenue when warranted by established standards of
traffic engineering,remains unsatisfied. That obligation can be satisfied with respect to any or all of the aforesaid
lots by a payment to the City,pursuant to paragraph 3 of the Covenant for Assessment,recorded as Instrument 01-
01744,of that amount per lot that is the percentage shown on Exhibit A of the Covenant for Assessments of the cost
then established by the City for that improvement. The current costs estimate is $210,000. On that basis, the
amount payable to the City to procure a release of obligation for the listed lots is:
Lot 8 $ 6,510 Lot 11 6,510 Lot 14 38,010 Lot 21 6,930
Lot 9 6,510 Lot 12 13,860 Lot 15 6,930 Lot 22 6,300
Lot 10 6,510 Lot 13 13,860 Lot 16 6,930 Lot 23 6,930
Paragraph two of the covenant for Assessment makes it clear that the assessments relate to the turn lane on Dayton
Avenue that is the landowners' obligation under the Development Agreement. The release of the street
improvement obligation can be obtained by one of two means:build the street improvement or pay the assessment.
If satisfaction of the street improvement obligation under the subdivision Development Agreement is not procured
by one means or the other,the City has a basis for withholding building permits. See: K-Line.Farms v.Waterloo
Board of Review,275 N.W.2d 424,425 (1979),in which the Iowa Supreme Court noted that withholding permits
is the remedy that cities have when the public improvement conditions for a subdivision plat approval are not met.
Yours truly,
47
John R.Klaus
City Attorney
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Matt Flynn
Tom Pohlman
Memo
Legal Department
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Caring People
Quality Programs
Exceptional Service
TO: Duane Pitcher, Director of Finance
FROM: John R. Klaus, City Attorne ,
DATE: December 2, 2005
SUBJECT: Eastgate - Water Tapping Fees
With this is the check of the 1 st National Bank to pay the water tapping fees for lots 8,9, 10, 11, 12,
13, 14, 15, 16, 17, 21, 22, and 23, Eastgate Subdivision, pursuant to Section III-3 of the
"Development Agreement Eastgate Subdivision"recorded as Instrument#98-14377, Story County
Recorder.
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Attachment
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