HomeMy WebLinkAboutA003 - Letter dated November 9, 1994 regarding documents for approval of final plat WHITFIELD & EDDY, P.L.C.
ATTORNEYS AND COUNSELORS AT LAW
317 SIXTH AVENUE, SUITE 1200
DES MOINES, IOWA 50309-4110
(515)288-6041
FAX (515)246-1474
JOHN C. EDDY THOMAS HENDERSON ALLEN WHITFIELD
HARLEY A.WHITFIELD GEORGE H. FRAMPTON (1928-1984)
A. ROGER WITKE CHARLES E. GRIBBLE
GARY GATELY MEGAN M.ANTENUCCI -
TIMOTHY J.WALKER WENDY CARLSON DEAN DUTTON
DAVID L. PHIPPS ROBERT J. BLINK
BENJAM1N B. ULLEM GARY A. NORTON OF COUNSEL
ROBERT M. KREAMER MARK V. HANSON -
ROBERT L. FANTER MAUREEN ROACH TOBIN November +�''1+994
BERNARD L. SPAETH,JR. JEFFREY W. COURTER , RETIRED PARTNERS
RODNEY P.KUBAT AUGUST B. LANDIS a�,',6 WALTER W. SELVY 1985
WILLIAM L. FAIRBANK KENT T. KELSEY `C;\ ROY W. MEADOWS 1991
ROBERT G. BRIDGES RICHARD J. KIRSCHMAN 3 "•, �Q.-`
JAKI K. SAMUELSON JASON M. CASINIf 4� :�p-may
KEVIN M. REYNOLDS NANCY P. O'BRIEN DIRECT DIAL NUMBER
THOMAS H. BURKE PAMELA J. PRAGER
140
REFENTO OUR FILE NUMBER
Ms. Sandra Ryan cry°Fi,\`�E ;
City Clerk, City of Ames
515 Clark Avenue
Ames, Iowa 50010
RE: Submission of Documents for Approval of Final Plat -
Second Addition to Country Estates Subdivision
Dear Madam Clerk:
Please find enclosed with this letter the following documents
related to submission of the above-referenced final plat:
1. Sixteen (16) copies of the final plat.
2 . Three (3) copies of the signed easements for utility
and other purposes.
3 . Four (4) copies of a proposed resolution to be adopted
by the City Council approving the final plat.
4 . One (1) copy of a document of consent and dedication.
You will please note that no signed copies of an agreement for
required public improvements as described under Section 23 . 17 of
the City Ordinances has been .submitted. This relates to the
public improvements required as a condition of approval of the
plat and related surety bonding. I have discussed this
particular issue with Jerry Bigg and he concurs that in this
particular circumstance, Story County is the governing body who
will require the completion of specified work on the public
improvements and determine the appropriate amount of surety bond.
In addition, the improvements relate to only construction of the
roadway in this addition, which will be dedicated to public use
in favor of Story County. The City of Ames is not accepting any
dedicated public improvements under this plat because the
WHITFIELD & EDDY, P.L.C.
ATTORNEYS AND COUNSELORS AT LAW
November 9, 1994
Page 2
property lies outside of the city limits, though within the two-
mile limit. As such, it is my understanding that the agreement
for required public improvements noted under the City ordinances
is not required or appropriate.
Similarly, neither the enclosed proposed resolution nor the
consent and dedication provide for acceptance by the City of such
improvements dedicated to public use. I have discussed this
issue with John Klaus and he concurs, given the fact that the
county will be providing ultimate approval of the plat and
acceptance of the property dedicated to public use. The county
is, I understand, declining maintenance of the roadways, which
maintenance repair and snow removal is covered by the covenants
running with the property.
Pursuant to our recent discussions at the office of the City
Engineer, we are submitting these documents for approval of the
final plat at the City Council meeting scheduled for November 22 ,
1994 . If, after the submission has found its way through
staffing, it appears that there is any possibility that the
submission will not be considered at the November 22 meeting, I
ask that the City contact me as soon as possible.
I sincerely thank you and the other officials at the City of Ames
with whom I have had contact for your cooperation and assistance
in this matter. If you have any questions or comments with
respect to any of the above, I hope that you will feel free to
contact me.
Sincerely,
Gary Norton
GAN/bjm
Enclosures
cc: James Crotty
Paul Popelka