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Home My WebLink AboutA018 - Resolution No. 11-058 adopted February 22, 2011 Instrultent:2011- 00001877 Date:Feb 2572011 08:21:35A D Re,_ Fee: 5.00 E-Cor Fee: 3.00 G/ Aud Fee: .00 Trans Tax: .00 �( Rey_ Nanaseeent Fee: 1.00 (( Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Yarpy County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: Douglas R.Marek City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) Return to Ames City Clerk,Box 811,Ames,IA 50010 RESOLUTION NO. 11-058 THIS DOCUMENT IS BEING RECORDED TO CORRECT THE SUBDIVISION NAME LISTED IN RESOLUTION NUMBER 10- 471, APPROVED BY THE AMES CITY COUNCIL ON SEPTEMBER 28, 2010, AND RECORDED IN THE ORIGINAL PLAT DOCUMENTATION ON OCTOBER 6,2010,AS Inst.#2010-00009730,Page 13. RESOLUTION ACCEPTING THE PLAT OF ROSE PRAIRIE FINAL PLAT,STORY COUNTY,IOWA WHEREAS, there has been submitted to the City Council of Ames,Iowa a plat of Rose Prairie Final Plat, Story County,Iowa, said plat involving the following described real estate: PARCEL `C' IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-ONE (21), TOWNSHIP EIGHTY-FOUR (84) NORTH, RANGE TWENTY-FOUR (24) WEST OF THE 5TH P.M., STORY COUNTY,IOWA,AS SHOWN ON THE `AMENDED PLAT OF SURVEY' FILED IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA, ON NOVEMBER 30, 1998, AND RECORDED AS INST. NO. 98-16564, SLIDE 10, PAGE 3, EXCEPT THE SOUTH HALF(S1/2)OF THE SOUTHEAST QUARTER(SE1/4)OF SAID SECTION. AND PARCEL `E' IN THE NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY-ONE (21), TOWNSHIP EIGHTY-FOUR (84) NORTH, RANGE TWENTY-FOUR (24) WEST OF THE 5 P.M., STORY COUNTY, IOWA, AS SHOWN ON THE "PLAT OF SURVEY"FILED IN THE ER STORY COUNTY IOWA OFFICE OF THE RECORD , ON NOVEMBER 13, 1998, AS INST.NO.98-15763, SLIDE 9,PAGE 1. and WHEREAS, the owners have complied with all conditions as set forth in the ordinances of the City Council of Ames,Iowa,and el WHEREAS,it is the opinion of the City Council of Ames,Iowa,that the said plat be accepted. NOW,THEREFORE,BE IT RESOLVED by the City Council of Ames,Iowa,that the said plat of Rose Prairie Final Plat,Story County,Iowa be and the same is hereby approved and accepted for and on behalf of the City :'. of Ames,Iowa, and the lands shown on said plat which are dedicated for the perpetual use of the public are hereby ,-,,accepted,by the City of Ames, Iowa, and all acts and doings by the grantors in the premises are hereby confumed and a roved b City Council of Ames,Iowa,on this 22nd day ,o February,2011. Attes - Iiia Voss,City Clerk Ann H.Campbell,Mayor 41664 g - Legal Department 515 Clark Avenue,P.O. Box 811 Ames,IA 50010 Caring People Quality Programs Phone: 515-239-5146 Exceptional Service Fax: 515-239-5142 1 February 17, 2011 FED 8 2011 cc-f, 7.7,� CITY 0-n" The Honorable Ann Campbell, Mayor, And Members of the City Council of the City of Ames, Iowa Re: Corrective Resolution Related to Subdivision Documents for Rose Prairie Dear Mayor and City Council: You may recall that last September, the Final Plat of the Rose Prairie Subdivision was approved by both the Story County Board of Supervisors and you. It recently was brought to our attention that there were discrepancies in the subdivision name used in the resolution prepared by staff and the other legal documentation that was prepared by the developer's attorney. Because these slight differences in the subdivision name used in the various documents may lead to confusion in the future with abstract and title searches, the developer has requested that a corrective resolution be passed. Since nothing aboutthe Plat is being changed, yourfavorable consideration of a corrected resolution is requested so that there will not be title issues with future real estate transactions involving this land. Sincerely, J j y K. Parks Assistant City Attorney jkp Charles Kuester/COA To Doug Marek/COA@COA 02/09/2011 04:36 PM cc Diane R Voss/COA@COA,Steve Schainker/COA@COA, sosguthorpe@city.ames.ia.us, Bob Kindred/COA@COA bcc Subject Rose Prairie Greetings, all: I had a call from Bob Gibson today. Bob is the consultant that has been working on the subdivision plat for Rose Prairie. 1) Bob anticipates that Chuck Becker(Rose Prairie's attorney)will submit the annexation application for Rose Prairie this week. It appears it will not be accompanied by a request for rezoning. This simplifies things since they will not also, at the same time, need to submit a master plan and preliminary plat. 2)The attorney doing a title opinion to transfer the Canterbrooke horse stable noted that the resolution that the City Council and Story County passed that approved the final plat for Rose Prairie, referred to the subdivision as Rose Prairie Subdivision. However, the proprietor's certificate(owner's consent) referred to the subdivision as Rose Prairie Final Plat. Bob is asking if the City can submit a corrected resolution. I will follow up with you, Doug, to see what needs to be done and whether additional Council action would be needed. Charlie Kuester Planner, City of Ames 515-239-5400 phone 515-239-5445 direct 515-239-5404 fax visit our website at www.cityofames.org Doug Marek/COA To Charles Kuester/COA@COA 02/09/2011 05:46 PM cc Bob Kindred/COA@COA, Diane R Voss/COA@COA, sosguthorpe@city.ames.ia.us, Steve Schainker/COA@COA bcc Subject Re: Rose Prairie[I I don't think any additional Council action is needed, but it would be helpful if I could talk directly to the attorney who raised the issue. A substitute resolution can be executed if that's what is required. There is no ambiguity about what plat Council was approving. Either Bob Gibson or Rose Prairie's attorney, Jeremy Sharpe, prepared the original submissions, which referred to "Rose Prairie Subdivision" (see attached). 33640.pdf The consent to plat actually refers to"Rose Prairie Plat One, An Official Plat." Doug Marek Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-239-5146 Fax: 515-239-5142 E-mail: dmarek@city.ames.ia.us PRIVILEGE & CONFIDENTIALITY NOTICE This message is intended only for the use of the person or entity to whom it is addressed. It may contain information that is privileged, confidential, and exempt from disclosure under applicable law as attorney-client and work-product confidential communication. If you are the reader of this message but are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately notify us at the above-listed telephone number. Charles Kuester/COA Charles Kuester/COA 02/09/2011 04:36 PM To Doug Marek/COA@COA cc Diane R Voss/COA@COA, Steve Schainker/COA@COA, sosguthorpe@city.ames.ia.us, Bob Kindred/COA@COA Subject Rose Prairie Greetings, all: I had a call from Bob Gibson today. Bob is the consultant that has been working on the subdivision plat for Rose Prairie. 1) Bob anticipates that Chuck Becker(Rose Prairie's attorney) will submit the annexation application for Rose Prairie this week. It appears it will not be accompanied by a request for rezoning. This simplifies a Doug Marek/COA To Diane R Voss/COA@COA 02/24/2011 08:50 AM cc Jill Grimsley/COA@COA bcc Subject Fw: Rose Prairie Final Plat Diane: See Jerry Sharpe's note, below. Jill will be going to Nevada on another matter today, so she will record the resolution and send a copy to Jerry Sharpe. When the Recorder returns the original to you, please send a copy with the Recorder's information to Jerry as well. Doug Marek Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-239-5146 Fax: 515-239-5142 E-mail: dmarek@city.ames.ia.us PRIVILEGE & CONFIDENTIALITY NOTICE This message is intended only for the use of the person or entity to whom it is addressed. It may contain information that is privileged, confidential, and exempt from disclosure under applicable law as attorney-client and work-product confidential communication. If you are the reader of this message but are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately notify us at the above-listed telephone number. -----Forwarded by Doug Marek/COA on 02/24/2011 08:46 AM ----- "Jerry C. Sharpe" <JCSharpe@belinmccormick. To "dmarek@city.ames.ia.us"<dmarek@city.ames.ia.us> com> " • cc "Charles F. Becker"<cfbecker@belinmccormick.com>, 02/24/2011 08:06 AM "bobgibson@civildesignadvantage.com" <bobgibson@civildesignadvantage.com>, "damanning@mcaninchcorp.com" <damanning@mcaninchcorp.com>, "russ@4eca.com" < > Craig russ@4eca.com , g Hastings C a tin s g <Craig.hastings@amesattorneys.com> Subject Rose Prairie Final Plat Doug: Thanks for your call confirming that the City has passed the corrective resolution on the plat name for Rose Prairie Final Plat. It is fine for the City Clerk to take care of recording the Resolution. I would just like a signed copy that I could provide to the buyer in our transaction relating to Lot 1. 1 appreciate your following up with me so quickly. Jerry C. Sharpe 666 Walnut Street, Suite 2000 Des Moines, Iowa 50309-3989 Direct Dial: (515)283-4622 BelinMcCormick Attorneys at Law Confidentiality Notice:The email and any attached documents contain information from the law firm of Belin McCormick, P.C., Doug Marek/COA To Diane R Voss/COA@COA 02/24/2011 12:42 PM cc bcc Subject Re: Fw: Rose Prairie Final PlatFl The wording of the original resolution was prepared and presented to Council the way it was submitted by Rose Prairie. (Also, identical wording was submitted by Rose Prairie to the County.) The corrective resolution was requested by Rose Prairie so, yes, it is appropriate to bill Rose Prairie via Jeremy Sharpe for the recording fee. Doug Marek Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-239-5146 Fax: 515-239-5142 E-mail: dmarek@city.ames.ia.us PRIVILEGE & CONFIDENTIALITY NOTICE This message is intended only for the use of the person or entity to whom it is addressed. It may contain information that is privileged, confidential, and exempt from disclosure under applicable law as attorney-client and work-product confidential communication. If you are the reader of this message but are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately notify us at the above-listed telephone number. Diane R Voss/COA Diane R Voss/COA 02/24/2011 08:55 AM To Doug Marek/COA@COA cc Subject Re: Fw: Rose Prairie Final PlatFl This means that we will pay, which we do not do; the developer pays for all costs associated with Subdivisions . Was it our error? If not, may I bill Mr. Sharpe for the charges? Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105