HomeMy WebLinkAboutA015 - Letter dated May 16, 2001 regarding documents needed for plat approval - , City Attorney's Office
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c:ar;y,gPeopte Ames,IA 50010
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Fx epl;aual service Phone: 515-239-5146 •Fax: 515-239-5142
May 16, 2001
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Mr. G. Mark Rice J, M�,� 6 2001
Attorney at Law ��'�
317 Sixth Avenue- Suite 620
Des Moines, Iowa 50309-4115 CITY OF ALES IOVVA
Re: East Lincoln Way Development Subdivision
Dear Mr. Rice:
You will recall my letter of March 16,2001 on the same subject(copy attached). Today's letter is faxed
to document the resolution of issues so the plat can be approved at the May 22 meeting of the Ames City
Council.
Documents delivered to the City Planning Department on May 15, 2001 are:
a) a settlement agreement in LA-CV039518 calling for a"dismissal with prejudice" of the
Engelhardt litigation;
b) a satisfaction of the Nikkel &Associates Mechanic's Lien;
c) a reciprocal easement for ingress/egress that cannot be nullified without the City's
consent.
Additionally, I procured from the Clerk of Court a copy of the court Order empowering Robert K.
Friedrich,Jr.to: "...undertake any and all steps necessary as required under Iowa Chapter 354 to plat the
real estate ..." (copy attached).
These documents resolve the issues stated in my letter of March 16,2001, except that the Clerk of Court
informed me today that the dismissals in "Englehardt" have not yet been filed. Please attend to that
matter. I will be checking again before the Council meeting on Tuesday.
Yours truly,
John R. Klaus
City Attorney
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Planning and Housing Department
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City Attorney's Office
515 Clark Avenue,P.O.Box 811
Ames,IA 50010
Qualit Phone: 515-239-5146 • Fax: 515-239-5142
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March 16, 2001
Mr. G. Mark Rice
Attorney at Law
317 Sixth Avenue - Suite 620
Des Moines, Iowa 50309-4115
Re: East Lincoln Way Development
Dear Mr. Rice:
The subdivision platting documents were referred to me for review and comment on March 15,2001. 1 note
the following:
a) the resolution for acceptance of the plat is okay;
b) the certificate of the County Treasurer is okay;
c) the title opinion is okay;
d) for the"Easement Grant", it is necessary to have a subordination of rights by:
(1) First Star Bank Iowa,N.A. (Mortgagees)
(2) Nikkel and Associates, Inc. (Mechanic's Lien)
(3.) Robert and Sandra Englehart(Lis Pendens)
(4) holder of the tax sale certificate;
e) for the"Agreement for Sidewalk" a subordination of rights for the same parties as above;
f) the consent and dedication must be executed by Donald E. Barber, First Star Bank Iowa,
N.A.,Nikkel and Associates,Inc., and Robert and Sandra Englehart, and the holder of the
tax sale certificate.
Execution of the Consent to plat by Robert K. Friedrich,Jr. on behalf of Donald E.Barber will be accepted
if accompanied by a copy of the court order empowering Robert K. Friedrich,Jr. to do so.
Also, the City Planner has informed me that as a condition for approval of the plat, there must be a
reciprocal ingress/egress easement between the owners of Lots 2, 3 and 4 that also grants to the City the
power to nullify any purported agreement for recission of the reciprocal access easement.
Please call me at 515-239-5146 with your questions.
Yours truly,
John R. Klaus
City Attorney
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05/16/2001 09:50 NEVADA CLERK OF COURT AMES CITY ATTY NO.963 P002
IN THE IOWA DISTRICT COURT FOR STORY COUNTY
FIRSTAR BANK IOWA,N.A.,
a National Banking Association
EQUITY NO. EQCV039157
Plaintiff,
VS.
ORDER AUTHOR
IZE
RECEIVER TO PLAr,_-,"
BARBER'S OF IOWA,INC-,DONAID F.
,and VULCAN
REAL ESTATE
BARBER, LEANNA K. BARBER,
INDUSTRIAL PROPERTIES,INC.
Defendants. mr!
NOW ON TINS _� day of 2000 the Motion for the Authority of
the Receiver to Plat Real Estate comes before the Court.
The Court having reviewed the Motion and being advised in the premises finds:
1. All of the parties have consented to the request of the Receiver for the court's
authority to plat certain real estate legally described as Lot I Pete Cooper Subdivision, Ames,
Story County, Iowa.
2. The Court finds that it would be in the best interests of the parties to allow the
Receiver to proceed with subdividing the property, which is the subject of the Plaintiffs pending
foreclosure action.'
3. The Receiver is hereby authorized to undertake any and all steps necessary as
required under Iowa Code Chapter 354 to plat the real estate described on the Receiver's Motion
described as Exhibit
05/16/2001 09:50 NEVADA CLERK OF COURT 4 AMES CITY ATTY NO.963 D003
ACCORDINGLY, JT IS THEREFORE ORDERED that the Receiver is authorized to
plat the property described on Exhibit "B" to the Receiver's Motion, including but not limited to
preparing a statement as required under Iowa Code Chapter 354.11(1).
Clerk Mail Copies To: e� I
JUDGE - SECOND JUDIC ISTRICT
G. Mark Rice, Esq.
ADAMS.&RICE. P:.L.C_
317 6Th Avenue, Suite 620
Des Moines, IA 50309 ='
ATTORNEY FOR FIRST,A.R B ANI�.,N.A. - -
Rod Kubat, Esq.
Nyemaster, Goode, Voigts --
West, Ha.nsell & O'Brien, P.C.
700 Walnut St., Ste. 1600
Des Moines, IA.50309-3899
ATTORNEY FOR DONALD BARBER, BARBER'S OF IOWA, INC. G'
AND VULCAN INDUSTRIAL PROPERTIES, INC.
John Jordan, Esq.
P. O. Box 219
Boone, IA 50036
ATTORNEY FOR LEANNA BARBER
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