HomeMy WebLinkAboutA022 - Email from Legal Department dated August 24, 2021 Voss, Diane
From: Feilmeyer, Victoria
Sent: Tuesday, August 24, 2021 11:56 AM
To: Voss, Diane
Subject: FW: Baker Subdivision [2100-0090]
Attachments: AMENDED AND RESTATED EASEMENTS (BAKER) ver 2.pdf
Diane: I am looping you in on this just so that you know that these amended easements should be on a future agenda:
Pmes
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 main j 515.239.5142 fax
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: Feilmeyer,Victoria
Sent: Tuesday, August 24, 2021 11:45 AM
To: Baker-Latimer, Vanessa <vanessa.bakerlatimer@cityofames.org>
Cc: Moore,Justin <Justin.Moore@cityofames.org>; Barrios Lain, Kayley<kayley.lain @cityofames.org>; Lambert, Mark
<Mark.Lambert@cityofames.org>
Subject: Baker Subdivision [2100-0090]
Vanessa: I made inquiry yesterday concerning the Amended and Restated Easements for Baker Subdivision, which had
been on the draft agenda last week, but were not on the final agenda as expected. Recall that we added the geothermal
easements requested by Electrical to some of the lots.
The document I send to you on August 18, 2021, which amends the earlier easements, which were also approved by
Council with the subdivision back in June 2020 by Resolution 2020-289, needs to be approved by Council. I have
attached the final version again.
I see no reason why you could not place this on the Consent agenda. In terms of timing, my understanding is that
Electrical wanted this added sooner rather than later.
This process is somewhat unusual in that we are reserving Easements over land that we actually own. Since we are not
granting them to a third party, the two step public hearing process in Iowa Code ch. 364 is not necessary, however, we
do need this to be on the agenda for approval by Council. We cannot simply amend the Easement and have the Mayor
sign the amendments without approval.
If you need assistance writing the CAF, let me know and I'd be happy to help you. Basically, we just need to recite that
we are amending the easements reserved by the Council last year by adding Geothermal easements. If you have any
questions,feel free to contact either me or Mark, as he is familiar with this matter as well.
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