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Home My WebLink AboutA024 - Memo from Legal dated September 21, 2022 Hall, Renee From: Feilmeyer, Victoria Sent: Wednesday, September 21, 2022 11:37 AM To: Gould, Julie Cc: Hall, Renee; Lambert, Mark Subject: Southwood Sixth [2600-0455-0002] - Approval set for 9/27 Attachments: 20220921111758.pdf Importance: High Julie: I have reviewed the corrective documents we received from you yesterday. They are okay, except for the Resolution. See my changes attached. There needs to be language included that partially rescinds Resolution 22-394, for the Clerk's file, and the City Clerk needs to be modified to "Renee Hall." A couple of notes: (1) There was a failure to adequately place the actual approval of the subdivision on the Agenda for 7/12/22 as a separate line item. (2) Somehow, there were two resolutions labeled 22-394—the form Resolution approving subdivisions (prepared by Developer's attorney) which was not properly noticed on the Agenda, and a Resolution purporting to approve the Major Site Development Plan and the Final Plat. The July resolution 22-394 prepared by Developer's attorney should be ignored (for the Clerk's records), and other July resolution is the one that needs to be partially rescinded. There cannot be two separate resolutions 22-394. (3) In your CAF, and on the Agenda, we should indicate that Council is being asked to rescind 22-394 to the extent it approves Southwood Subdivision Sixth Addition (see my note on the attachment. I have copied in both Mark and Renee so that they are aware of the issue. Once you receive the corrected Resolution, please email it to me for approval and for our file. Feel free to contact me with any questions. A M ('�`� S Victoria A. Feilmeyer Assistant City Attorney 515.239.5146 inain 1515.239.5142 fcrx victoria.feilmeyer@citvofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.or I —Caring People —Quality Programs— Exceptional Service " From: Gould, Julie <julie.gould@cityofames.org> Sent: Monday, September 19, 2022 11:14 AM To: Feilmeyer,Victoria <victoria.feilmeyer@cityofames.org> Cc: Lambert, Mark<mark.lambert@cityofames.org>; Whitt, Andrea <andrea.whitt@cityofames.org> Subject: RE: Southwood Sixth [2600-0455-0002] We finally received the updated legal dots for this final plat. We were going to put it on the consent agenda for the 27'h Do you want to review them? i Thank You, Julie From: Feilmeyer,Victoria <victoria.feilmeyer@cityofames.org> Sent: Tuesday, August 16, 2022 10:40 AM To: Gould,Julie <]ulie.gould@cityofames.org> Cc: Lambert, Mark<mark.lambert@cityofames.org>; Whitt, Andrea <andrea.whitt@cityofames.org> Subject: RE: Southwood Sixth [2600-0455-0002] Ok, thank you. t'IN M YO-I% S Victoria A. Feilmeyer Assistant Cite Attorney 515.239.5146 maim 1515.239.5142 fax victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CitVofAmes.org I Caring People—Quality Programs— Exceptional Service " From: Gould,Julie<julie.gould@citvofames.org> Sent: Tuesday, August 16, 2022 10:39 AM To: Feilmeyer,Victoria <victoria.feilmeyer@cityofames.org> Cc: Lambert, Mark<mark.lambert@cityofames.org>; Whitt, Andrea <andrea.whitt@cityofames.org> Subject: RE: Southwood Sixth [2600-0455-0002] We still do not have the updated legal documents on this. Julie From: Feilmeyer, Victoria <victoria.feilmeyer@cityofames.org> Sent: Thursday, August 4, 2022 2:49 PM To: Gould,Julie <Iulie.gould@cityofames.org> Cc: Lambert, Mark<mark.lambert@cityofames.org>; Whitt, Andrea <andrea.whitt@cityofames.org> Subject: Southwood Sixth [2600-0455-0002] Julie: I have a reminder to circle back with you regarding this subdivision. My last communication with you was that the Developer's attorney had provided the updated drawing, but you still needed the updated exam, consent, etc. Please provide us with an update. 2 Victoria A. Feilmeyer Assistant City Attorney 515.239.5146 main I 515.239.5142 f i victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue Ames, IA 50010 www.CityofAmes.org Caring People—Quality Programs— Exceptional Service " 3 pC �COWE SEP 202022 �. LEGAL DEPATh1ENT CITY OF AMES IOWA INSTRUMENT PREPARED BY Bnan D Torrest 120 S 16th St Ames.IA 50010(515)288 2500 RETURN To Brian D To esi, 120 S 16th St Ames.IA 50010 „ CITY OF AMES,IOWA RESOLUTION NUMBER _ ACCEPTING PLAT OF SIXTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES,STORY COUNTY,IOWA WHEREAS,there has been submitted to the City Council of the City of Ames,Iowa,a plat of real estate described as: Lots Eight(8)and Nine(9), Fourth Addition to Southwood Subdivision, Ames, Story County, Iowa to be known as SIXTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY,IOWA,and WHEREAS, the Department of Planning and Housing of the City of Ames, Iowa, has recommended that the plat be approved,and WHEREAS, the owner of said real estate, Boing US Holdco, Inc., has executed a written Consent declaring that the platting is with its free consent and is in accordance with its desires as proprietor, and WHEREAS, it is the opinion of the City Council of the City of Ames, Iowa, that the plat should be accepted and approved NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the plat of SIXTH ADDITION TO SOUTHWOOD SUBDIVISION,AMES, STORY COUNTY, �hG(�GQG � a�l5 �ca-cd`. �arfi�ct,�� CSctn �tln �� SocJh � '7iXV7 �dd�'�iv� Sp wood Svbd�'✓isf"v�� IOWA,be and it is hereby accepted and approved,and BE IT FURTHER RESOLVED that all of the acts of Boing US Holdco, Inc. are hereby confirmed and approved by the City Council of the City of Ames, Iowa, on this day of 2022. CITY OF AMES,IOWA By _....... ......... ............._.....,_,,......_ JOHN HAILA,Mayor By__ -D1'At;N` V0SS,City Clerk Moved by: Seconded By: Voting Aye: Voting Nay: Absent: i t Mayor John Haila declared Resolution Number adopted. We,John Haila and Diane Voss;'treittg 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-, 2022. __..m JOHN HAILA,Mayor _......_----- -4)1*NE-V015S,City Clerk 2