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HomeMy WebLinkAboutCOLORADO IRON & METAL - PDP - 20-09 - CORRESPONDENCE - EASEMENTS0 • Page 3 of 3 to hearing. I would also imagine that another submittal will be needed showing the expanded site plan and what work is to occur on the adjacent property so we have a chance to review the plan that will go to hearing. Let me know if you have any questions about the easement dedication process. Sheri >>> 'Troy Jones" <troy(c)architex.com> 11/19/2009 11:25 AM >>> Sheri, I'm working on obtaining the easements and agreements necessary for Colorado Iron & Metal PDP. There are 3 instances: First, we will be tying into the existing grades on the Odell Brewery Property in the southwest corner of the property. I assume this will require a permanent grading easement; Second, we will be crossing the Vanworks property with our stormwater outfall pipe, so we will need a permanent drainage easement across his property; and Third, we are working together with the property owner to the east to enclose the yard area by putting wrought iron fences from the paved area across the neighborhing property to tie into the neighbors existing building. Also, the existing pavement along our east property line straddles the property line. So, this neighbor crosses the Colorado Iron & Metal property to access his dust collection machinery. 1 was thinking perhaps the offsite fence and joint access of the paved area along the east property line could be handled with a written agreement signed by both property owners rather than a formal easement. Would that suffice for the City's purposes? Do you have boiler plate easement forms you'd like us to use, and if so, can you email them to me in Word? I'm assuming the permanent grading easement will need to be dedicated from the Odell ownership to the Colorado Iron & Metal ownership (GTG Investments), and the drainage easement will need to be granted from the Vanworks ownership to the City. Or would that drainage easement need to be granted to the Colorado Iron & Metal ownership? Also, will you be requiring temporary construction easements? Please let me know. Thanks, Troy Jones CC: Emma McArdle, Bob Gowing, Kent Garvin file://CADocuments and Settings\emcardle\Local Settings\Temp\XPgrpwise\4B14F125FC... 12/1/2009 • 0 Page 2 of 3 the Odell property, and have reason to believe that they will come to mutually agreeable terms for the granting of the easement, and provided that happens, they intend to grant the easement. Is there anything else the Odell LOI should say? 2. Also, when my client originally bought the property from the owner of Vanworks (Keith Hess), an agreement was established that stated that it is understood that a drainage easement may be necessary across the vanworks property in the future, and that the Vanworks owner agrees to cooperate in the granting of this easement. Ive attached a copy. Will this suffice as a LOI for the drainage easement? 3. We intend to remove the off -site fencing from the improvements proposed by this PDP. Do you agree that if we do not propose any fencing on the property to the east that we will not have to change the boundaries of the PDP and therefore not trigger another round of review? The existing condition of the paved area along the east property line is such that the existing paving currently straddles the property line. Historically, the neighboring property owner accesses his dust filtration machines from this paved area, and Colorado Iron & Metal property uses the paved area for vehicle circulation. We dont propose any new paving in this area. There has always been an informal shared access arrangement between the property owners regarding this area. As you mentioned, our plat will be providing an access easement along the eastern drive aisle, however we also intend to get a written agreement regarding the shared use of the shared area. Other than agreeing on shared access for this area, is there anything you would require this agreement to specify in order to satisfy the requirements of the development approval? Troy Jones From:Sheri Langenberger[mailto:slangenbergerCubfcoov.comj Sent Friday, November 20, 2009 11:13 AM To: Troy Jones Cc: 'Bob Gowing'; 'Kent Garvin'; Emma McArdle; Peter Barnes Subject: Re: Easements for Colorado Iron & Metal Troy Based on the last plans it does appear that these are the only off -site easements that are needed. The drainage easement for the storm pipe does need to be dedicated to the City. I have attached a base document and an information sheet on easement dedication processing. The grading easement can be dedicated to the City or if it is to be a private easement it should include language that would allow any future developer and the City access to do this work on the site. If the easement is dedicated to the City it would need to follow our process. If the easement is dedicated to the developer we do not process the document, but will need a copy of the recorded document. As for the placing the fence on the neighbors property. From what I understand of this - the PDP boundary would need to be expanded to include where all this work is occurring. The area within this plat from the street to the parking areas would need to remain a public access easement dedicated to the City, but a private agreement that spells out how the cross use of each property is to happen is fine. We will probably need a copy of this agreement just to know that both parties did agree and that you have the right to do the work and improvements that you are showing outside of the property lines. As a reminder the final easements or letters of intent for these easements are needed before this project can go file://CADocuments and Settings\emcardle\Local Settings\Temp\XPgrpwise\4B14F125FC... 12/1/2009 0 a Pagel of 3 Emma McArdle - RE: Easements for Colorado Iron & Metal From: Sheri Langenberger To: Emma McArdle; Peter Barnes Date: 12/1/2009 10:34 AM Subject: RE: Easements for Colorado Iron & Metal Attachments: RE: Easements for Colorado Iron & Metal Peter That is what is sounds like - although he did say in a prior email that maybe they would just work with the neighbor and have them put up the fence portion on their site and that way it could happen and it wouldn't show up on the site plan. I don't know that we care about that or not. Sheri >>> Peter Barnes 12/1/2009 10:03 AM >>> Sheri, So it sounds like he's not going to put up the new fence and not do any NEW site improvements or additional paving or access on the neighbor's property? Is that correct? If so, then we can probably review/approvethe shared access/use without requiring the boundaries of the PDP to be revised. 2.2.10(A)(1)(e) would only require a PDP revision if new buildings, building additions, or site improvements are proposed outside the boundaries of the PDP. >>> Sheri Langenberger 12/1/2009 9:37 AM >>> Troy Responses: 1. Yes a letter of intent should include language such as this - that you have discussed the needed easement and they intend to grant it. 2. This agreement would have worked as a letter of intent, but the agreement states that this will be done within one year of the date of the agreement. It is now a year and a half from that date, so I don't know that this agreement is still valid. Because of the date and time restriction within the document it will not serve as a letter of intent. 3. 1 do not agree. Emma has identified based on the last comments and issues that another round of review is needed. I suggest you talk to Peter and Emma regarding the boundaries of the PDP based on the improvements/ not improvements/ shared use of the adjacent property. Regardless of the boundaries shown on the PDP if this development is going to install or do work on an adjacent property an off -site easement is needed showing that permission to do that work has been granted. Hope this helps. Sheri >>> "Trnv.lnnPc" <tmv(n)nrrhitPY rnm> 11/sn/9nnQ d•dR PM >>> Sheri, 1. My Colorado Iron & Metal client is about to approach the Odell Brewery owners about getting a letter of intent from them. It is my understanding that the LOI from the Odell Brewer owner needs to say something to the effect that they have been in negotiation with the Colorado Iron & Metal owners regarding the granting of a grading easement to tie the proposed pond on the Colorado Iron & Metal property into the existing grading on fileWC:\Documents and Settings\emcardle\Local Settings\Temp\XPgrpwise\4B14F125FC... 12/1/2009