HomeMy WebLinkAboutA010 - Email correspondence with David Brown regarding incorrect Addition Diane Voss
From: Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Sent: Monday, May 18, 2020 11:05 AM
To: Diane Voss
Cc: Jennifer Kapaun; Chuck Winkleblack
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
Attachments: DET_Treasurer_Cert_20200515_REV.pdf; DET_PlAgmt_20200515_REV.pdf;
DET_Sidewalk_Agmt_20200515_REV.pdf; DET_Easements_20200515_REV.pdf;
DET_Consent_20200515_REV.pdf; DET_Atty_Opinion_20200515_REV.pdf
Diane—here are our revised documents for your records, unsigned at the moment. I understand from our call that you
are just going to slip signatures pages into the development agreement document. We are doing the same for the
Consent and Easements. Either way, we will get you copies of all signed documents both pre-recording and recorded.
NOTE that the Public Improvement Agreement and Sidewalk Agreement needs to be signed by Public Works. Please let
Jen know when you have those documents signed and when the Resolutions are ready, and then we will record and
wrap this all up. Call with questions.
Jen—unless Diane disagrees with my assessment of the signature pages for the development agreement, I only need
Doug to resign Public Improvement Agreement and Sidewalk Agreement, and we do not need that in duplicate.
Respectfully,
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway I Ames, Iowa 50010 1 Fax: 515-243-0654
From: Diane Voss<diane.voss@cityofames.org>
Sent: Friday, May 15, 2020 4:35 PM
To:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
At some point, Is it possible for you to send me electronic copies of all the revised dots for my security copies?
Diane R. Voss, City Clerk/Records Manager
515 Clark Avenue
Ames, Iowa 50010
515-239-5105
dvoss@city.ames.ia.us
From:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Sent: Friday, May 15, 2020 3:03 PM
To: Diane Voss<diane.voss@citvofames.org>
Cc: Chuck Winkleblack<chuck@hunziker.com>; Jennifer Kapaun <ienniferk@hunziker.com>; Brad Stumbo
<rbs@foxeng.com>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
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Diane Voss
From: Jennifer Kapaun <jenniferk@hunziker.com>
Sent: Monday, May 18, 2020 11:35 AM
To: Torresi, Brian D.
Cc: Diane Voss; Chuck Winkleblack
Subject: Re: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
I am picking up the Certificate of Treasurer in a few minutes from ATS.
Jennifer
Jennifer Kapaun I Executive Assistant I Hunziker Development Company
Office:515-239-8672 i Cell:515-450-7555 1 Email: jenniferk@hunziker.com
Hunziker&Associates, Realtors 1 105 S. 16th Street Ames, Iowa 50010
Licensed in the State of Iowa
On Mon, May 18, 2020 at 11:05 AM Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>wrote:
Diane—here are our revised documents for your records, unsigned at the moment. I understand from our call that you
are just going to slip signatures pages into the development agreement document. We are doing the same for the
Consent and Easements. Either way, we will get you copies of all signed documents both pre-recording and recorded.
NOTE that the Public Improvement Agreement and Sidewalk Agreement needs to be signed by Public Works. Please let
Jen know when you have those documents signed and when the Resolutions are ready, and then we will record and
wrap this all up. Call with questions.
Jen—unless Diane disagrees with my assessment of the signature pages for the development agreement, I only need
Doug to resign Public Improvement Agreement and Sidewalk Agreement, and we do not need that in duplicate.
Respectfully,
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway I Ames, Iowa 50010 1 Fax: 515-243-0654
1
From: Diane Voss <diane.voss@cityofames.org>
Sent: Friday, May 15, 2020 4:35 PM
To:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
At some point, Is it possible for you to send me electronic copies of all the revised docs for my security copies?
Diane R.Voss, City Clerk/Records Manager
515 Clark Avenue
Ames, Iowa 50010
515-239-5105
dvoss@city.ames.ia.us
From:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Sent: Friday, May 15, 2020 3:03 PM
To: Diane Voss<diane.voss@cityofames.org>
Cc: Chuck Winkleblack<chuck@hunziker.com>;Jennifer Kapaun <ienniferk@hunziker.com>; Brad Stumbo
<rbs@foxeng.com>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
Diane—attached are the revised Resolutions, as we discussed. We will revise all of our documents to say"Fourth"
wherever it says "Third". Once you get your new Resolution related to that swap (Fourth for Third) on 5/19, then please
let me know and we will get the 3 Resolutions and record the platting documents. Please call with questions.
Respectfully,
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway I Ames, Iowa 500101 Fax: 515-243-0654
2
From: Diane Voss<diane.voss@cityofames.org>
Sent: Friday, May 15, 2020 12:28 PM
To:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
The Agenda would be wrong, and the record in the Minutes would be wrong; however, maybe it could be considered a
scrivener's error...perhaps a memo from Justin explaining the situation to the Council would suffice. Obviously, not
within my purview. I'll try to find the answer to that.
Diane R. Voss, City Clerk/Records Manager
515 Clark Avenue
Ames, Iowa 50010
515-239-5105
dvoss@city.ames.ia.us
From:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Sent: Friday, May 15, 2020 12:21 PM
To: Diane Voss<diane.voss@citvofames.org>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
Since it is only related to the word "Fourth" replacing "Third" can't we just make the changes and record?Surely the
City wouldn't need to review this. I can get you updated Resolutions, etc.
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway I Ames, Iowa 50010 1 Fax: 515-243-0654
From: Diane Voss<diane.voss@cityofames.org>
Sent: Friday, May 15, 2020 12:14 PM
To:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
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I continue to question why this was not caught before, since the Subdivision name on all of those should have been H.
F. Kingsbury's, 3`d Addition. Technically, the documents that referred to "Kingsbury's 3`d" were wrong...
Is it legally possible for you to prepare an Affidavit stating that all references to Kingsbury's, 3`d, should actually be 4cn?!
Diane R.Voss, City Clerk/Records Manager
515 Clark Avenue
Ames, Iowa 50010
515-239-5105
dvoss@city.ames.ia.us
From: Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Sent: Friday, May 15, 2020 11:59 AM
To: Diane Voss<diane.voss@cityofames.org>
Subject: RE: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
Diane—the abstractor just sent me these documents that show reference to a Kingsbury's 3`d (one prepared by
Stumbo, who prepared this final plat) and said she has many more and that, when abstracting these new lots, she will
show all of the lots by Carroll Ave. as conflicting. Please let me know what you guys decide we need to do.
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway I Ames, Iowa 50010 1 Fax: 515-243-0654
From: Diane Voss <diane.voss@citvofames.org>
Sent: Friday, May 15, 2020 11:16 AM
To: Torresi, Brian D. <BrianTorresi@davisbrownlaw.com>
Subject: [Ext] FW: Kingsbury's Subdivision, 3rd Addition
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Diane R.Voss, City Clerk/Records Manager
515 Clark Avenue
Ames, Iowa 50010
515-239-5105
dvoss@city.ames.ia.us
From: Diane Voss<diane.voss@citvofames.org>
Sent: Friday, May 15, 2020 11:13 AM
To: swall@storycounty.com
Subject: Kingsbury's Subdivision, 3rd Addition
Scott:
Justin Moore was unable to find any email sent from you in April 2020 concerning the name being given to the new
subdivision. It is felt that perhaps it went to Jake Moore, instead of him.
After researching the issue, the following was found:
1. The City is in possession of a plat of Kingsbury's Subdivision dated in 1867, in which the platted land is located in
the vicinity of the Final Plat in question.
2. The City is in possession of a plat of Kingsbury's Subdivision, 2"d Addition, dated in 1867, in which the platted
land is in the vicinity of the Final Plat in question.
3. The City is in possession of a plat of H. F. Kingsbury's Subdivision, 3 d Addition, dated in 1869, in which that
platted land is not near the vicinity of the first two additions of Kingsbury's Subdivision, or Kingsbury's,Second
addition.
After consulting with Public Works, it is the City's contention that there is no Kingsbury's, 3rd Addition, and that the
name was made intentionally different. That assumption is made based on the fact that there are miles between the
properties. However, It is also felt that it would cause more confusion in the future to jump from Kingsbury's, 2"d, to
Kingsbury's, 4th, in the location now being platted.
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Diane R. Voss, City Clerk/Records Manager
515 Clark Avenue
Ames, Iowa 50010
515-239-5105
dvoss@city.ames.ia.us
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