HomeMy WebLinkAboutA018 - Email from City Clerk dated October 26, 2012 r
Re: Deery Subdivision
Diane R Voss to: Torresi, Brian D. 10/26/2012 12:50 PM
Bcc: Diane R Voss
Diane R Voss /have conferred with City Attorney Doug Marek regarding this issue. A
Diane R Voss /have conferred with City Attorney Doug Marek regarding this issue. A
I have conferred with City Attorney Doug Marek regarding this issue. Ames Municipal Code Section
23.305(1)(c) does state that the subdivision documents are to be recorded within 30 days of Council
approval. It also states that the Council"may" revoke(not"will" revoke) if that is not done. Mr. Marek
stated to me that the Council would have to have just cause to revoke, i.e., evidence that the documents
are not going to be recorded, before it would consider revocation. Since that is not the case here, and you
have stated that the documents will be recorded after the property transaction closing on November 28,
2012, the date of December 7 for the City's receipt of all documents will be allowed.
Thank you.
Pmes
Diane R. Voss
City Clerk/Records Manager
515.239.5105 main 1515.239.5142 fax
dvoss@city.ames.ia.us City Hall, 515 Clark Avenue Ames, IA 50010
www.CityofAmes.ore ^ Caring People-Quality Programs-Exceptional Service^'
"Torresi, Brian D." Diane-as we discussed this morning, upon my r... 10/26/2012 09:58:18 AM
From: "Torresi, Brian D."<B rianTorresi@davisbrown law.com>
To: Diane R Voss<DVoss@city.ames.ia.us>
Cc: "sschainker@city.ames.ia.us"<sschainker@city.ames.ia.us>, Fred Rose
<rose@designbuildrose.com>, 'Brad Deery'<bdeery@deerybrothers.com>, DENNIS PYLE
<iacpa4u@yahoo.com>, Doug Marek<dmarek@city.ames.ia.us>
Date: 10/26/2012 09:58 AM
Subject: Deery Subdivision
Diane-as we discussed this morning, upon my review of Iowa Code Sec. 355.10(3), 1 don't think we
have the timing issue that was raised yesterday with the recording of the final plat for the
above-referenced subdivision.As you recall, we were going to request moving up the final reading for
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the URA ordinance to 11/20 in order for Deery to close on the purchase from Pyle and then quickly
record everything on 11/21 to meet a 30-day requirement for the recording of the final plat as dated by
the land surveyor.That code section (identified above) specifically excepts "subdivision plats" (as
defined in Iowa Code Sec. 355.1(11)) from the 30-day requirement.Thus,the only issue we have is the
City of Ames Municipal Code Sec. 23.305(1)(c) requirement to record within 30-days, which I understand
you are willing to extend until December 7 to facilitate our timing requirements without the need for
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moving any of the reading dates.Accordingly,we are on track for the 2 and 3 readings of the URA
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ordinance at regularly scheduled council meetings,with the 3 reading to be held 11/27.We will close
the real estate transaction after 11/27, record the documents, and return everything to you by 12/7.
Please confirm my dates in the message.Thank you for your cooperation.
Respectfully,
1 ).\\I-�B'I"(mx
Brian D. Torresi I Attorney(also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway, Suite 101 1 Ames, Iowa 50010 1 Fax: 515-471-7860
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