HomeMy WebLinkAboutA001 - Email from Legal Department dated September 11, 2020 Diane Voss
From: Victoria Feilmeyer
Sent: Friday, September 11, 2020 12:15 PM
To: Eloise Sahlstrom
Cc: Diane Voss; Mark Lambert
Subject: Sample CAF to Vacate Easement - Sunset Ridge Tenth Addition issues
Attachments: CAF to Vacate Easement.pdf
Hi, Eloise: As we discussed, I am sending you a CAF used in the past to vacate an easement. It is not directly on point,
but should provide guidance on what the ultimate CAF needs to look like.
In our conversation today, we discussed what needs to happen in order to get an item on the agenda for the 151n
(1) Public Works needs to review and approve the vacation of all easements covering Outlot P from the 51h
Addition. Presumably, Tracy will want to see the newly proposed easements, which you indicated you received
this morning.
(2) On or before noon on Monday, Diane will need a CAF describing the request to vacate the easements. (See
example). Public Works normally drafts these, but there is no reason why your department could help prepare a
draft for her to expedite matters on Monday when Tracy returns.
(3) Assuming 1 and 2 above get done, Diane will amend the agenda for the workshop on the 151h to add setting the
date of public hearing.
(4) The CAF should propose to set 9/22 as the date of public hearing for the vacation of easements. On 9/22 the
approval of the final plat for Sunset Ridge 101h may also be set, assuming that the vacation of easements is set
for the same date.
(5) I have not seen the easement for the 10'Addition which you had indicated was revised this morning, so please
send to me and to Tracy for review. Also, if the attachment to the Public Improvements Agreement has
changed, please send over as well.
Let me know if you have any questions -- if everyone is able to work quickly as set forth above, everything can be done
on the 22"d
m e s
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 main I 515.239.5142 fax
victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org ^ Caring People—Quality Programs" Exceptional Service
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Diane Voss
From: Victoria Feilmeyer
Sent: Friday, September 11, 2020 11:05 AM
To: Eloise Sahlstrom
Cc: Mark Lambert; Diane Voss
Subject: FW: Comments for Final Plat, Sunset Ridge, loth Addition
Attachments: 2020-08-31 Final Plat Submittal Comments.docx
Eloise: As set forth in my comments to you on August 31, and your comments to the Developer on that same date, the
blanket easement (for utilities and open space that cover a proposed buildable lot) must be vacated either before or at
the same meeting as the proposed approval of the final plat. Note that we received nothing from the Developer's
attorney in response to your comments from 8/31 until this morning. I have verified with Mark that it is not sufficient to
merely set the date of public hearing on the vacation.
As we also discussed, the proposed easement for the loth addition has not been revised to include your comments from
yesterday either. This remains an open item for the loth addition.
Whether Diane can get setting the date of public hearing on the Agenda for September 15, so that they can both vacate
and approve the final plat on September 22, is an issue that we will need to visit about. My assumption is that either
your office or Public Works would need to write a CAF requesting the vacation to get it on the agenda for September
15. 1 am not certain if the timing works for Diane—but either you or I can visit with her about it.
A M (Z�: S '
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 main j 515.239.5142 faz
victoria.feilmeyer@cityofames.orgI City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org I —Caring People—Quality Programs— Exceptional Service
From: Eloise Sahlstrom <eloise.sahlstrom@cityofames.org>
Sent: Monday, August 31, 2020 5:06 PM
To:Justin Dodge <justin.dodge@hunziker.com>
Cc: DRC Review<drereview@cityofames.org>
Subject: Comments for Final Plat, Sunset Ridge, loth Addition
Please see attached comments on your Final Plat submittal.
Eloise Sahlstrom
Planner
Planning & Housing
City Hall, 515 Clark Ave. I Ames, IA 50010
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INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
RETURN To: I Ames City Clerk,515 Clark Ave.,P.O.Box 811,Ames,IA 50010
CITY OF AMES, IOWA
RESOLUTION NUMBER
VACATING EASEMENT IN
SUNSET RIDGE SUBDIVISION FIFTH ADDITION,
AMES, STORY COUNTY, IOWA
WHEREAS, the City of Ames, Iowa has been presented with a request by Sunset Ridge
Property Owners Association, an Iowa nonprofit corporation, the current owner of the real estate
described as:
Outlot P, Sunset Ridge Subdivision Fifth Addition, Ames, Story County, Iowa
(the"Burdened Property"), to vacate all of the easements located within the Burdened Property as
granted by that certain Easements dated March 3, 2014, and filed in the office of the Recorder of
Story County, Iowa, on April 17, 2014, as Instrument No. 2014-00002752 (collectively, the
"Vacated Easements"),and as shown on the Final Plat of Sunset Ridge Subdivision Fifth Addition,
Ames, Story County, Iowa, filed in the office of the Recorder of Story County, Iowa, on April 17,
2014, as Instrument No. 2014-00002751; and
WHEREAS, Iowa Code § 354.23 allows vacation after public hearing and such public
hearing was duly held on this date; and
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,
that the above-referenced Vacated Easements are hereby vacated pursuant to Iowa Code § 354.23.
The Ames City Clerk shall forward this instrument to the Story County Recorder for recording.
CITY OF AMES, IOWA
By:
JOHN HAILA, Mayor
By:
DIANE VOSS, City Clerk
Moved by:
Seconded By:
Voting Aye:
Voting Nay:
Absent:
Mayor John Haila declared Resolution Number adopted.
We, John Haila and Diane Voss, being the duly elected and appointed Mayor and
City Clerk,respectively, of the City of Ames, Iowa, do hereby certify that the above and foregoing
Resolution Number is a true and accurate copy of said Resolution;that said Resolution
was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened
meeting thereof on the day of , 2020.
JOHN HAILA, Mayor
DIANE VOSS, City Clerk
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