HomeMy WebLinkAboutMULBERRY AND LEMAY CROSSING FILING NO. 3 - Filed GC-GENERAL CORRESPONDENCE - 2016-05-18i-i le: 9tx%ber% o,,Nd, Laewwk (-YOSs��.�� ���►n81 1'i0. 3
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April 21, 2015
Lucia Liley, Esq.
Liley, Rogers & Martell, LLC
The Peter Anderson House
300 South Howes Street
Fort Collins, CO 80521
Re: Mulberry and Lemay Crossings Filing No. 3
Request for Waiver
Dear Lucia:
Planning, Development & Transportation
Administration
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221,6601
970.416.2081 - fax
fcgov.com/pdt
You have, by letter dated March 30, 2015, requested that I waive the requirement that the plat for
Mulberry and Lei -nay Crossing Filing No. 3 contain a maintenance guarantee and a repair
guarantee, and you have also requested that the City agree that this plat need not contain any
certificate of dedication. The reasons given for this request are that all of the public
improvements have already been constructed and guaranteed for the requisite period of time and
that no additional public improvements are to be installed in Filing No. 3. Furthermore, all
dedications have previously been accomplished in Filing No. 2 or in other documents and that,
therefore, there is no need for a certificate of dedication for Filing No. 3. I agree.
Land Use Code Sections 2.2.3(C)(3)(g) and 3.3.2(C)(2) require the inclusion of maintenance and
repair guarantees but I am persuaded that the granting of this waiver will not result in any
detriment to the public good, including, without limitation, detriment to the interest of the public
in the real property conveyed on the plat, and will not result in any harm to the health, safety and
general welfare of the City and its citizens. Accordingly, as authorized pursuant to Section
2.2.3(C) of the Land Use Code, I am waiving the requirement of the inclusion of a maintenance
and repair guarantee on the plat for the Mulberry and Lemay Crossing Filing No. 3.
Furthermore, since all dedications have previously been made and no new dedications are
required for the limited purposes of Filing No. 3, the inclusion of dedication language is
unnecessary for that filing.
In your letter, on pages 3 and 4, you proposed three informational notes that should be added to
the Filing No. 3 plat. I believe that the first sentence of the second note should be changed to
read as follows:
All easements laid out on this plat (the "Easements") have been previously
dedicated by the plat of Mulberry and Lemay Crossing Filing No. 2 or by separate
instrument as noted on this plat.
In the third note, I found a typographical error in the second sentence, third word. The word
"even" should be changed to "event".
With those changes I would request that the notes be placed on the plat for Filing No. 3.
Sincerely,
Karen Cumbo
Planning, Development and Transportation Director
cc: Paul Eckman, Sheri Langenberger, Rick Richter, Laurie Kadrich