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Home My WebLink AboutA013 - Email correspondence between City Attorney and Justin Dodge dated December 28 and 29, 2020 �rk Voss, Diane From: Justin Dodge <justin.dodge@hunziker.com> �/� Sent: Monday, December 28, 2020 10:11 AM To: La ert, Mark Cc: eilmeyer, Victoria; Haila, John; Voss, Diane Subject: Re: Wheelock Corner - Lo 5 1910 Isaac Newton Drive [External Email] Mark and Vickie- Are there any changes we need to make to this document? Our next conference call is tomorrow morning with Kwik Trip, so I would really appreciate having this item wrapped up and Dave can close on the property on Wednesday Many thanks! Justin On Tue, Dec 22, 2020 at 3:31 PM Lambert, Mark<mark.lambert@cityofames.org>wrote: Justin, As you know, we strive to be helpful on these things, but I have concerns about the document that has been produced for the City to sign. I need to look at this more closely and have a few internal discussions, and I will get back to you sometime tomorrow. Mark Pmes Mark O. Lambert City Attoi,ney 515.239.5146 quoin 1515.239.5142,tux mark.lambert@cityofames.org I City Hall, 515 Clark Avenue Ames, IA 50010 www.CityofAmes.org " Caring People—Quality Programs" Exceptional Service" 1 From:Justin Dodge<justin.dodge@hunziker.com> Sent:Tuesday, December 22, 2020 2:59 PM To: Feilmeyer, Victoria <victoria.feilmeyer citvofames.org>; Lambert, Mark<mark.lambert@cityofames.org>; Haila, John <john.haila@cityofames.org>; Voss, Diane<diane.voss@citvofames.org>; Haila,John <iohn.haila@citvofames.org> Subject: Re: Wheelock Corner- Lot 5 1910 Isaac Newton Drive [External Email] Mark,Vickie,John and Diane - Kwik Trip and their title company still won't accept the Treasurer's Certificate because the assessments were made in the name of the City of Ames. Attached is the earlier Treasurer's Certificate and another one verifying the 2007 assessments have been paid in full. Is there any way the City could sign off that the assessments they levied have been paid in full for the 2007 assessment?A form is attached Thank you, thank you, thank you for helping us jump through the hoops- Justin On Thu, Dec 17, 2020 at 3:53 PM Feilmeyer,Victoria <victoria.feilmeyer@citvofames.org>wrote: Hi,Justin: Glasniak sent the commitment and objection letter to us to understand what was being requested, and the research done by our office is seen in 1-3 below. Their title commitment itself would show the existence of an unpaid assessment, if there was one. It does not. Additionally, in looking at the Assessor's records, which is the link to Beacon I sent him below, it appears that the last (or tenth) installment was paid 12/18/17. 2 When Wheelock Corner subdivision was platted in April or May 2020, the Treasurer's Certificate (which is required and filed with the subdivision) the Treasurer verified that all of the property(including the lot being sold) is free of certified special assessments. It is unclear what more the buyer would want if they are concerned about assessments, however, the Treasurer and not the City is the person/entity that determines whether an assessment is paid. The City does not make that determination—the City only sends the original assessment over to the Treasurer to actually assess the property. The Treasurer collects the payments. I hope this is helpful to you. es Victoria A. Feilmeyer Assistant City Attorney 515.239.5146 main 1 515.239.5142 faxY victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org I -Caring People-Quality Programs- Exceptional Service" From:Justin Dodge<iustin.dodge@hunziker.com> Sent: Thursday, December 17, 2020 3:23 PM To: Lambert, Mark<mark.lambert@cityofames.org>; Feilmeyer,Victoria <victoria.feilmeyer@cityofames.org> Cc: Dan Hunziker<dan@hunziker.com>; David Wheelock<dwheelockhp@gmail.com>; Michael G. Glosniak <mglosniak@dugganbertsch.com> Subject: Re: Wheelock Corner- Lot 5 1910 Isaac Newton Drive 3 [External Email] Mark and Vickie - Thank you for looking into this.The 2020 outstanding improvements including the sidewalk and street trees have security with the City of Ames and aren't under scrutiny at this time. Mike and I are working together to sort out the title objections from Kwik Trip. In your opinion, does the Treasurer's Certificate verify that the 2005 and 2007 assessments have been satisfied? If not, what documentation could we provide to prove that the assessments have been satisfied? Thanks On Thu, Dec 17, 2020 at 3:17 PM Lambert, Mark<mark.lam bert@cityofames.org>wrote: Justin, Vikki Feilmeyer in my office has been in discussions with an attorney representing the developer or prospective owner, a Michael Glasniak from Chicago. There appear to be three issues: 1. Sidewalk and Street Tree Agreements (from 2005 and 2020)—From the perspective of our Public Works Department, the obligations in this agreement are incomplete. 2. Public Improvements Agreement (2020)—The City recently released some of the security for the subdivision, but Public Works indicates that there are unfinished obligations and the City is not willing to release Lot 5. 3. Assessment Agreement (2020) -- It appears to be paid in full. The City does not keep track of when these are paid off, the County Treasurer does. Beacon shows it is paid off. https://beacon.schneidercorp.com/Application.aspx?ApplD=165&LayerlD=2145&PageTVpelD=4&PagelD=11 08&Q=484636684&KeyV a I u e=0912451001 4 Also, attached is a Certificate of the Treasurer of Story County, Iowa dated April 10 this year, signed by the Treasurer, certifying that the property"is free from certified taxes and certified special assessment." This was submitted as part of the subdivision documents. Also attached is the recorded copy, recorded along with other documents. If you have the county treasurer certifying that the property is free from special assessments, I'm not sure what else you need. Vikki last sent an email to Mr. Glasniak on December 4 with most of the above information (but not the documents I've attached), and has not heard back from him. Hope this is helpful. Mark Pmes Mark O. Lambert City Attorney 515.239.5146 main 1515.239.5142 f a mark.lambert@cityofames.org I City Hall, 515 Clark Avenue Ames, IA 50010 www.CityofAmes.org I —Caring People —Quality Programs^ Exceptional Service " From:Justin Dodge<iustin.dodge@hunziker.com> Sent: Wednesday, December 16, 2020 11:06 AM To: Lambert, Mark<mark.lambert@cityofames.org> Cc: Dan Hunziker<dan@hunziker.com>; David Wheelock<dwheelockhp@gmail.com> Subject: Wheelock Corner- Lot 5 1910 Isaac Newton Drive [External Email] Mark- 5 Thanks for taking my call today Attached is the final plat for Wheelock Corner. Lot 5 is the one that Kwik Trip is purchasing and are concerned about the assessments from 2005 and 2007 still showing up on the title. Is there any way to show these are satisfied or to release this particular lot? Thanks Justin R. Dodge Hunziker Companies 105 S. 16th Street I Ames, IA 50010 C: 515.520.2478 O: 515.239.8676 1 justin.dod4e(ahunziker.com Licensed ;n the state of lowo Justin R. Dodge Hunziker Companies 105 S. 16th Street I Ames, IA 50010 C: 515.520.2478 0: 515.239.8676 1 iustin.dodge(d)hunziker.com Licensed in the state of Iowa 6 =------- -- � :_---.__---•--- Justin R. Dodge Hunziker Companies 105 S. 16th Street I Ames, IA 50010 C: 515.520.2478 0: 515.239.8676 1 justin.dodge( hunziker.com Licensed in the state of Iowa x x Justin R. Dodge Hunziker Companies 105 S. 16th Street I Ames, IA 50010 C: 515.520.2478 0: 515.239,8676 1 justin.dodge@hunziker.com Licensed in the state of Iowa 7 Voss, Diane From: Justin Dodge <justin.dodge@hunziker.com> Sent: Tuesday, December 29, 2020 8:23 AM To: Lambert, Mark Cc: Feilmeyer, Victoria; Haila, John; Voss, Diane Subject: Re:Wheelock Corner - Lot 5 1910 Isaac Newton Drive [External Email] If you could address the letter to: Wade Dumond Kwik Trip Inc 1626 Oak Street La Crosse, WI 54603 Thanks On Tue, Dec 29, 2020 at 8:21 AM Lambert, Mark<mark.lambert@citvofames.org>wrote: Justin, to whom should I address this memo? Someone specific orjust"To whom this may concern"? Hope to have it to you this morning. Mark From:Justin Dodge<iustin.dodge@hunziker.com> Sent: Monday, December 28, 2020 2:44 PM To: Lambert, Mark<mark.lambert(c@cityofames.org> Cc: Feilmeyer, Victoria <victoria.feilmever@citvofames.org>; Haila,John <john.haila@cityofames.org>; Voss, Diane <diane.voss@citvofames.org> Subject: Re: Wheelock Corner- Lot 5 1910 Isaac Newton Drive [External Email] Mark- I think a signed statement saying just what you did in this email would help them understand Iowa law and that we have proved that the assessment has been satisfied through the County Treasurer who is the appropriate entity to do so Thank you for your help on your day off! On Mon, Dec 28, 2020 at 2:39 PM Lambert, Mark<mark.lambert@cityofames.org>wrote: Justin, 1 Here's the situation. The City cannot "certify" that the special assessment has been paid off. Under Iowa law, only the County Treasurer can do that. The County Treasurer has done so. I'm happy to help to the extent we can. My plan is to edit the draft to remove the word "certification" and have it be only a "release." We will cite to the Treasurer's certification. I hope the purchaser's (or the purchaser's title insurance attorney) will find that sufficient. Honestly, I was supposed to be on vacation today, but am doing some work, and then leaving for the rest of the week. So, I won't be able to do this draft for you until January 4. Also, please bear in mind, that typically the Council passes a resolution and then the Mayor signs the legal document. The next Council meeting isn't until January 12. Perhaps I can communicate directly about Iowa law to either the purchaser's attorney or the title insurance company's attorney. Really, they should not need anything from the City, as they have the Treasurer's certification that the special assessment has been paid off. I'd be happy to explain Iowa law to them, or to write to you with a full explanation that you can pass along. I'm happy to keep working on this remotely while I'm on vacation, but the City simply cannot certify that the special assessment has been paid—that certification can only come from the County Treasurer. Mark P M S Mark O. Lambert Ccty Attorney 515.239.5146 main 1515.239.5142,fax mark.lambert@cityofames.org I City Hall, 515 Clark Avenue Ames, IA 50010 www.CitVofAmes.org Caring People —Quality Programs Exceptional Service 2 From:Justin Dodge<]ustin.dodge@hunziker.com> Sent: Monday, December 28, 2020 10:11 AM To: Lambert, Mark<mark.lambert@cityofames.org> Cc: Feilmeyer, Victoria <victoria.feilmever@citvofames.org>; Haila,John<iohn.haila@cityofames.org>;Voss, Diane <diane.voss@cityofames.org> Subject: Re: Wheelock Corner- Lot 5 1910 Isaac Newton Drive [External Email] Mark and Vickie- Are there any changes we need to make to this document? Our next conference call is tomorrow morning with Kwik Trip, so I would really appreciate having this item wrapped up and Dave can close on the property on Wednesday Many thanks! Justin On Tue, Dec 22, 2020 at 3:31 PM Lambert, Mark<mark.lambert@cityofames.org>wrote: Justin, As you know, we strive to be helpful on these things, but I have concerns about the document that has been produced for the City to sign. I need to look at this more closely and have a few internal discussions, and I will get back to you sometime tomorrow. Mark 3 From:Justin Dodge <justin.dodge@hunziker.com> Sent:Thursday, December 17, 2020 3:23 PM To: Lambert, Mark<mark.lambert@citvofames.org>; Feilmeyer, Victoria <victoria.feilmever@cityofames.org> Cc: Dan Hunziker<dan@hunziker.com>; David Wheelock<dwheelockhp@gmail.com>; Michael G. Glosniak <mglosniak@dugganbertsch.com> Subject: Re: Wheelock Corner- Lot 5 1910 Isaac Newton Drive [External Email] Mark and Vickie - Thank you for looking into this.The 2020 outstanding improvements including the sidewalk and street trees have security with the City of Ames and aren't under scrutiny at this time. Mike and I are working together to sort out the title objections from Kwik Trip. In your opinion, does the Treasurer's Certificate verify that the 2005 and 2007 assessments have been satisfied? If not, what documentation could we provide to prove that the assessments have been satisfied? Thanks On Thu, Dec 17, 2020 at 3:17 PM Lambert, Mark<mark.lambert@citvofames.org>wrote: Justin, Vikki Feilmeyer in my office has been in discussions with an attorney representing the developer or prospective owner, a Michael Glasniak from Chicago. 6 There appear to be three issues: 1. Sidewalk and Street Tree Agreements(from 2005 and 2020)—From the perspective of our Public Works Department, the obligations in this agreement are incomplete. 2. Public Improvements Agreement (2020)—The City recently released some of the security for the subdivision, but Public Works indicates that there are unfinished obligations and the City is not willing to release Lot 5. 3. Assessment Agreement (2020)-- It appears to be paid in full. The City does not keep track of when these are paid off, the County Treasurer does. Beacon shows it is paid off. https://beacon.schneidercorp com/Application.aspx?ApplD=165&LayerlD=2145&PageTVpeID=4&PagelD=1 108&Q=484636684&KeyValue=0912451001 Also, attached is a Certificate of the Treasurer of Story County, Iowa dated April 10 this year, signed by the Treasurer, certifying that the property"is free from certified taxes and certified special assessment." This was submitted as part of the subdivision documents. Also attached is the recorded copy, recorded along with other documents. If you have the county treasurer certifying that the property is free from special assessments, I'm not sure what else you need. Vikki last sent an email to Mr. Glasniak on December 4 with most of the above information (but not the documents I've attached), and has not heard back from him. Hope this is helpful. Mark INS- s Mark O. Lambert City A toi-ney 515.239.5146 rnuin 1515.239.5142,fax mark.lambert@citvofames.org I City Hall, 515 Clark Avenue Ames, IA 50010 www.CityofAmes.or " Caring People—Quality Programs" Exceptional Service From:Justin Dodge <justin.dodge@hunziker.com> Sent: Wednesday, December 16, 2020 11:06 AM