HomeMy WebLinkAboutGOLDEN MEADOWS FOURTH - Filed EV-EASEMENT VACATION - 2004-08-05IA
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Commuc
Planning Department
City of Fort Collins
May 22, 1993
Jim Brink
1301 Cape Cod Circle
Fort Collins, Colorado 80525
and Environmental , vices
Re: Request to Construct a Portion of a Gazebo in a Utility
Easement on Lot 33 of Golden Meadows, 4th Filing
Mr. Brink:
This letter is to follow up with our phone conversations regarding
your request to construct a portion of a gazebo in a utility
easement dedicated with the plat of Golden Meadows 4th Filing. The
easement was dedicated to accommodate the installation and
maintenance of a large sewer main which has been constructed.
After consulting with the City of Fort Collins Water and Sewer
Utility, I regret to inform you that your request to vacate a
portion of the utility easement across your property cannot be
granted. The Water and Sewer department is concerned about being
able to repair and maintain the sewer line in the future which may
require the entire width of the easement to be able to maneuver
heavy equipment. At the time the easement was dedicated, the
Utility specifically requested a forty foot wide easement be
granted due to the size and depth of the sewer. Restricting the
placement of any obstructions in the easement is the only way to
insure that possible property damage due to heavy equipment
operation can be minimized or avoided.
In addition, since the easement is legally recorded, and shown on
the plat of the subdivision which is public information, it is
assumed property owners know about the easement when purchasing a
lot. once the easement is platted, the utilities have a legal
right to free and clear access to their facilities for repair and
maintenance. Therefore, they are not obligated to replace any
structures encroaching into, or built over, on, or across any
portion of the easement. Landscaping such as turf, flower and
vegetable gardens, and small shrubs are allowed to be placed in
easement areas; however, trees should be placed outside of the
easement area as well as any structure, including patios and decks.
Thank you for inquiring about the restrictions in the easement
area. If you have further questions, please feel free to call me
at 221-6750.
281 'North kolle,e-WCIILIC • P.O. Boy 780 • Pert Collins, CO 80�2-0580 • (303) 1-67 �i1
Sincerely,
Kerrie Ashbeck
Civil Engineer I
cc: File
Mark Taylor, Civil Engineer II, Water and Wastewater Utility