HomeMy WebLinkAboutA011 - Email dated June 28, 2016 regarding review of documents for Major Final Plat 2600-0280-0002: Scenic Valley Subdivision, Second Addition / review of
documents for Major Final Plat - comments
Q Judy K Parks to: ckuester 06/08/2016 02:19 PM
Cc: Eric Cowles, Diane R Voss, Kelly Diekmann
Hi Charlie,
Thank you for sending the documents for this Major Final Plat to us for review. I have finished my review
and my comments are as follows:
1. Completeness-The submittal was complete in that it had all the necessary documents . All the
documents on the checklist were included and forwarded with this submittal. These Include were the
Consent and Dedication; the Attorney's title opinion; the Treasurer's certificate; the easements; the
sidewalk agreement; the Agreement for Public Improvements; and the Letter of Credit.
Since the title opinion reflected that this property is encumbered by a mortgage, the consent of the
mortgage holder is needed, and that document was included.
In addition, there were also two proposed resolutions among the documents, one for accepting the public
improvements and bond, and another for accepting the Plat. A Homeowner's association is being
established for the subdivision, and the restrictive covenants were also included.
2. Correctness-The submitted documents were substantially correct. However, there are a couple of
things I noted that still need to be done.
On the 'Agreement for Public Improvements', blanks were left to be completed. These were the ones
which give the date for completion of the improvements and utilities. That date needs to be filled in. It is
not approved until that is done.
Second, the Letter of Credit has the same identity issue that I have seen on other LOC's recently. If one
looks at that document, it is not clear what project this LOC is for. The applicant on the LOC does not
match the developer who is signing all the other documents, nor does it identify what project/subdivision
or what infrastructure it is securing.
It is only by looking back in the Agreement for Public Improvements and matching the dollar amounts that
I can assume this is for this project. There was an email included this time which had City staff's approval
of the amount which needed to be on the Letter of Credit. That was helpful since it allowed me to match
the dollar amounts on the email, agreement and letter of credit, but we should not have to be doing that
extra work which takes extra time that none of us have. I noted that the City Clerk has handwritten the
identity information on the face of that document. It should not be the work of City staff to label financial
security documents. City staff's handwritten notes are easily subject to challenge.
The identity of the developer and the project really needs to be on the face of that document or, at a
minimum, a cover letter from the developer should be included with the LOC that clearly says what it is
for. Get that from them and when I have seen that, I will approve this.
Judy Parks, City Attorney
Checklist.pdf
11 - Scenic Valley Subd, 2nd add- Major Final Plat docs 138086.pdf