HomeMy WebLinkAboutA011 - Letter dated October 31, 2001 regarding plat (council packet for November 2, 2001) x 1
MARY MOSIMAN
w Story Count Auditor and
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= Commissioner of Elections
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October 31,2001
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The Honorable Ted Tedesco,Mayor and R ( h--
Members of the Ames City Council
City of Ames _ �UTY CLV:irS
CITY QF A�,IES,101Pl..,
515 Clark Avenue � a-
Ames, IA 50010
Ladies and Gentlemen,
On October 13,2001 you will be considering the final plat for Northridge Heights Subdivision, Second
Addition. This subdivision is part of a larger tract created when Northridge Heights Subdivision,First
Addition was platted but only includes that portion of said tract which is being split into lots.
It is our belief and the opinion of Assistant County Attorney Roderick Reynolds (attached)that Section
354.6, Code of Iowa requires that the entire tract be included in the subdivision plat. This Code section is
mirrored by Section 23.503.g,Ames Municipal Code.
The developers have requested in a letter dated October 19,2001,that Ames waive the platting
requirement.Mr.Reynolds is also of the opinion that under Sections 354.8 and 354.10, Code of Iowa the
county has no authority to refuse this platting. If the City of Ames accepts Northridge Heights, Second as
platted the county will record it with the understanding that it is in direct violation of the Code of Iowa.
Sincerely,
Scott T.Wall
Mapping Technician
STW:stw
enc.
cc: Richard Horn,Ames City Assessor
Hunziker&Associates, Developers
John Klaus,Ames City Attorney
Roderick Reynolds,Asst. County Attorney
Sue Vande Kampe, County Recorder
Story County Courthouse, 900 Sixth Street, Nevada, Iowa 50201-2087
515-382-7210 Fax 515-382-7221
Deputies: Lisa M. Markley, David C. Harvey, Danielle J. Dunham
el Roderick Reynolds To: Scott T Wall/storycounty@storycounty
Z'S 10/24/2001 01:33 PM Subject: your 10-23 question re subdivisions
When a tract is divided requiring a subdivision plat, must the whole tract be included in the subdivision plat
or can the owner exclude part of the tract?
I think the answer is that the entire tract needs to be made part of the subdivision plat.
§354.6(1) requires it. Not only that,.§354.6(2)states that land set aside for future development shall be
assigned a progressive letter.That is a definite statement with regard to'land set aside for future
development.'
I reviewed older files of the County Attorney's office.This same debate was held about 10 years ago and
apparently ended when the opponents were unsuccessful in getting the legislature to make changes to
Ch. 354 (when it was changed from 409A)and unsuccessful in trying to get Gov. Branstad to veto the bill.