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HomeMy WebLinkAboutA009 - Email correspondence with Planning regarding incorrect Addition Diane Voss From: Justin.Moore Sent: Friday, May 15, 2020 9:56 AM To: Scott T.Wall Cc: Kelly Diekmann; Diane Voss Subject: Kingsbury's Third Addition Scott, I spoke with Diane Voss our City Clerk a bit ago and she informed me that there is an issue with the Kingsbury's Third Subdivision name and it is holding up recording the documents for this Final Plat that the Ames City Council approved Tuesday night. I was told the issue is that the "Third Addition" should not have been used and that you may have sent me an email in April about it. I am not finding any record of receiving anything from your office recently regarding the name of Kingsbury's Third Addition. Can you forward that email to me? Thanks, Justin Moore Planner Planning & Housing City Hall, 515 Clark Ave. I Ames, IA 50010 m e s 515.239.5400 main justin.moore@cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 ) '^ � -TIM , I C A. FOR I`�► ` DATE_ www.CityofAmes.org -�` -Dl Help make the City of Ames even better! (< of 15 Bf Jn Download the Ames on the Go app today! �+ PHONE /L 5�� CEL MESSAGE / « S Qij IS�ue tA2�-"t- QTELEPHONED [TArlie a CO( 16 b� _ �RETURNED YOUR CALL PLEASE CALL 0M)IU WILLCALLAGAIN r� c CAME TO SEE YOU y WANTS TO SEE YOU SIGNED 1 Having reviewed the final plat for Kingsbury's Third Addition in the City of Ames, IA the Story County Auditor's Office has the following comment: 1. There is already a Kingsbury's Third Addition in the City of Ames in the 900 block of Duff and Carroll Avenues north of East 9th Street.This survey will have to be called Kingsbury's Fourth Addition. Scott Wall Mapping Technician Story County Auditor's Office Story County Administration Building 900 Sixth Street Nevada, IA 50201 515-382-7216 swall@storycountViowa.gov From: Sara Cockerham <sara@abstractandtitleservices.com> Sent:Thursday, May 14, 2020 5:43 PM To: Scott T. Wall <SWall@storycountyiowa.gov> Cc: Michele<Michele@AbstractAndTitleServices.com> Subject: FW: Kingsbury's 3rd - PLAT [External Sender- Please Use Caution] Hi Scott, Michele will be bringing this plat over in the morning as well to get the approval of subdivision name. 2 Thanks! Sara Have a great day! Sara Cockerham, Manager Abstract&Title Services 212 SE 16th St. Ames, Iowa 50010 P: 515-233-9495 C: 515-291-4505 F: 515-233-9301 ydT010Al,O > c s � t`ry.�T oY Iowa Land Title Association Certified Land Title Professional Place an Order Online: www.AbstractAndTitleServices.com Download an Order Form: www.AbstractAndTitleServices.com Email orders: OrdersC)AbstractAndTitleServices.com From:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com> Sent:Thursday, May 14, 2020 4:56 PM To: Sara Cockerham <sara@abstractandtitleservices.com> Cc: Chuck Winkleblack<chuck@hunziker.com>;Jennifer Kapaun <jenniferk@hunziker.com>; Baerenwald, Nancy C. <NancyBaerenwald@davisbrownlaw.com> Subject: Kingsbury's 3rd - PLAT 3 Sara - attached is the final plat for Kingsbury's 3 d Addition.The platting packet is ready to record and someone from my office will bring it to you first thing in the morning with the root abstract. Please obtain what we need from the Auditor and record as soon as possible. Chuck and/or Jen will be in touch about which lot is being sold so that you can prepare the abstract for that lot from the root. 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 50010 1 Fax: 515-243-0654 The Davis Brown Law Firm is committed to providing Exceptional Client Service. For a review of the supporting principles, go to www.davisbrownlaw.com/exceptional. This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply E-mail and destroy all copies of the original message. HEALTHCARE PRIVACY STATEMENT: This message may contain protected health information that is strictly confidential. If you have received this email, you are required to maintain the security and confidentiality of the information and may not disclose it without written consent from the patient or as otherwise permitted by law. Unauthorized disclosure may be subject to federal and state penalties. 4 Diane Voss From: Diane Voss Sent: Friday, May 15, 2020 12:06 PM To: Scott T. Wall Subject: RE: Kingsbury's Third Addition Plat Review The person to whom you sent the message to was actually Jake Moore, the City's Storm Water Specialist. Justin's email was JRMoore. This has been remedied; the City is now using the Outlook platform, and new email addresses have been assigned. For the City employees who have been transitioned to Outlook, our email addresses include first name.last name @cityofames.org. Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 dvoss@city.ames.ia.us From: Scott T. Wall <SWall@storycountyiowa.gov> Sent: Friday, May 15, 2020 11:34 AM To: Diane Voss<diane.voss@cityofames.org> Subject: FW: Kingsbury's Third Addition Plat Review Diane, Here is the April 17 email I sent to Justin Moore regarding Kingsbury's Subdivision. Scott Wall From: Scott T. Wall Sent: Friday, April 17, 2020 11:18 AM To: 'jmoore@city.ames.ia.us' <imoore@city.ames.ia.us> Cc: Rhonda S. Sykes<RSykes@storycountyiowa.gov> Subject: Kingsbury's Third Addition Plat Review Justin, Having reviewed the final plat for Kingsbury's Third Addition in the City of Ames, IA the Story County Auditor's Office has the following comment: 1. There is already a Kingsbury's Third Addition in the City of Ames in the 900 block of Duff and Carroll Avenues north of East 91h Street. This survey will have to be called Kingsbury's Fourth Addition. 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Co o m D CA b 4 CD l+ , NP• o�G m N ►i µ m • F+ (D Ij I ct m i Ro N• O O •� rR�• O� g ,^ — 11✓ m chi- 0 O 'Y C+ G] Ci F1 N O K o] y v, �ci (D (�D �.,' • • ch cif' m n jD O '(93 • [n O O f-� U) ca m F--� M U) ram' (b �'Q'3 • • 1., Pf O N• GO O 11 O cf (D p N. " W • �;° cn P. `1 CD ,-y P' H (n tj y a O ►-j m c�4 CDUaS� CA mM �C y co P W p • tD W o (n o o t-i ct o cn O� fi O d P, +- Ft e " Diane Voss From: Torresi, Brian D. <BrianTorresi@davisbrownlaw.com> Sent: Friday, May 15, 2020 12:21 PM To: Diane Voss 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 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 4tn?! 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@cityofames.orpl> Sent: Friday, May 15, 2020 11:16 AM To:Torresi, Brian D. <BrianTorresi@davisbrownlaw.com> Subject: [Ext] FW: Kingsbury's Subdivision, 3rd Addition 1 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@cityofames.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, 3rd 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, 3`d 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, 4`h, in the location now being platted. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 dvoss@city.ames.ia.us The Davis Brown Law Firm is committed to providing Exceptional Client Service. For a review of the supporting principles, go to www.davisbrownlaw.com/exceptional. This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply E-mail and destroy all copies of the original message. HEALTHCARE PRIVACY STATEMENT: This message may contain protected health information that is strictly confidential. If you have received this email, you are required to maintain the security and confidentiality of the information and may not disclose it without written consent from the patient or as otherwise permitted by law. Unauthorized disclosure may be subject to federal and state penalties. 2 Diane Voss From: Diane Voss Sent: Friday, May 15, 2020 12:28 PM To: Torresi, Brian D. 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@cityofames.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. `"\,],-I-]�k, -`,,x�\t 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 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, 3rd, should actually be 4'h?! 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 1 Diane—the abstractor just sent me these documents that show reference to a Kingsbury's 3rd (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 www.DavisBrownLaw.com 2605 Northridge Parkway I Ames, Iowa 50010 1 Fax: 515-243-0654 From: Diane Voss<diane.voss@cityofames.orR> Sent: Friday, May 15, 2020 11:16 AM To: Torresi, Brian D. <BrianTorresi@davisbrownlaw.com> Subject: [Ext] FW: Kingsbury's Subdivision, 3rd Addition 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@cityofames.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, 3`d 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, 2nd, to Kingsbury's, 4th, in the location now being platted. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 2 dvoss@city.ames.ia.us The Davis Brown Law Firm is committed to providing Exceptional Client Service. For a review of the supporting principles, go to www.davisbrownlaw.com/exceptional. This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply E-mail and destroy all copies of the original message. HEALTHCARE PRIVACY STATEMENT:This message may contain protected health information that is strictly confidential. If you have received this email, you are required to maintain the security and confidentiality of the information and may not disclose it without written consent from the patient or as otherwise permitted by law. Unauthorized disclosure may be subject to federal and state penalties. 3 Diane Voss From: Diane Voss Sent: Friday, May 15, 2020 1:47 PM To: Diane Voss Subject: RE: Kingsbury's Third Addition Plat Review Scott: I talked this situation over with City Attorney Mark Lambert. He believes they are technically different subdivisions; however, I explained that documents have, throughout the years, repeatedly referred to Kingsbury's 3rd and not H. F. Kingsbury's when pertaining to land in the vicinity of 9th and Carroll. Mr. Lambert then suggested that the City Council pass a Resolution correcting the name of the subdivision approved by Resolution No. 20-245 on May 12, 2020, from Kingsbury's, Third Addition, to Kingsbury's, Fourth Addition. The Council is actually meeting in a workshop setting on May 19 (next Tuesday), so it would save the developer about a week, if the correction could be made at that meeting. The Subdivision docs would have to be revised to say 4tn and re-signed, but could be done so everything could be brought to the Recorder next Wednesday. Will this meet with your and the Auditor's Office approval? 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@cityofames.org> Sent: Friday, May 15, 2020 12:06 PM To: Scott T. Wall <SWall@storycountyiowa.gov> Subject: RE: Kingsbury's Third Addition Plat Review The person to whom you sent the message to was actually Jake Moore, the City's Storm Water Specialist. Justin's email was JRMoore. This has been remedied; the City is now using the Outlook platform, and new email addresses have been assigned. For the City employees who have been transitioned to Outlook, our email addresses include first name.last name @cityofames.org. Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 dvoss@city.ames.ia.us From: Scott T. Wall <SWall@storycountyiowa.gov> Sent: Friday, May 15, 2020 11:34 AM To: Diane Voss<diane.voss@cityofames.org> Subject: FW: Kingsbury's Third Addition Plat Review Diane, Here is the April 17 email I sent to Justin Moore regarding Kingsbury's Subdivision. Scott Wall 1 From: Scott T. Wall Sent: Friday, April 17, 2020 11:18 AM To: 'jmoore@city.ames.ia.us' <jmoore@city.ames.ia.us> Cc: Rhonda S. Sykes<RSykes@storycountyiowa.Rov> Subject: Kingsbury's Third Addition Plat Review Justin, Having reviewed the final plat for Kingsbury's Third Addition in the City of Ames, IA the Story County Auditor's Office has the following comment: 1. There is already a Kingsbury's Third Addition in the City of Ames in the 900 block of Duff and Carroll Avenues north of East 9" Street. This survey will have to be called Kingsbury's Fourth Addition. Scott Wall Mapping Technician Story County Auditor's Office Story County Administration Building 900 Sixth Street Nevada, IA 50201 515-382-7216 swall@storycountyiowa.Rov 2