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HomeMy WebLinkAboutTHE GROVE AT FORT COLLINS - PDP - 16-10B - LEGAL DOCS - LEGAL DOCUMENTSFISCHER, BROWN, BARTLETT & GUNN, P.C. ATTORNEYS AT LAW William R. Fischer Margaret A. (Meg) Brown Daniel K. Brown Brent A. Bartlett Sam J.L. Irby Lisa A. Larsen Donald E. Frick Steve Olt, Senior Planner City of Fort Collins Current Planning Dept. 281 North College Avenue Fort Collins, CO 80522 1319 E. PROSPECT ROAD FORT COLLINS, COLORADO 80525 June 10, 2011 Re: Larimer County Canal No. 2 Irrigating Company PDEP 110009 The Grove at Fort Collins Dear Mr. Olt: Ward H. Fischer (1929-1996) William H. Brown (Of Counsel) Wdliam C. Gunn (Of Counsel) PHONE: (970) 407-9000 FAX: (970) 407-1055 EMAIL: fbg@fbgpc.com Our firm represents the Larimer County Canal No. 2 Irrigating Company ("Company") and this letter is provided on its behalf. The Company's Larimer County Canal No. 2 ("Ditch'D traverses the property belonging to the Colorado State University Research Foundation ("CSURF"). Campus Crest at Fort Collins, LLC ("Applicant") is the applicant for an amendment to the CSURF Centre for Advanced Technology Overall Development Plan and The Grove at Fort Collins, PDP. We are writing to confirm that the concerns of the Company with their Ditch, in relationship to the proposed development project, have been resolved as between CSURF, the Company, and the Applicant. The parties have entered into a mutually beneficial ditch realignment agreement to realign the ditch in accordance with the attached Exhibits E and H. The realignment of the Ditch, as described in the agreement, has been through Company engineering and legal review, and addresses pending maintenance issues with the Ditch. The Company has also received correspondence from the Army Corps of Engineers that the proposed realignment project is exempt from permitting requirements of Section 404(f) as the activity falls under the exemption contained in 33 C.F.R. Part 323.4(a)(3). A copy of that letter may be made available for your review. The Applicant, CSURF and the Company worked closely together to create a plan for the new realignment which provides benefits to all the parties involved. This plan is supported by the Company. JUNN, P.C. Brent Bartlett Page 2 of 2 File Format: PDF MMR(G4) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) of Adobe Systems Incorporated to view the document. Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. http://www.adobe.com/ 6/13/2011 Page 1 of 2 Steve Olt From: Steve Olt Sent: Monday, June 13, 2011 9:36 AM To: stockover@aol.com; 'Andy Smith'; gcampana@bellisimo-inc.com; jcarpenter@thegroupinc.com; dlingle@aller-lingle-massey.com; 'Schmidt, Brigitte' Cc: Ted Shepard; Janelle P. Kechter; Marc Virata Subject: FW: Scanned image from MX-550ON Attachments: Scanner. DevRev@FCgov.com_20110613_093226.pdf Good morning Board members. I am forwarding to you a signed letter from the law firm representing the Larimer County Canal No. 2 Irrigating Company expressing their confirmation that the concerns of the Company with their ditch, in relationship to the proposed The Grove at Fort Collins development project, have been resolved between CSURF, the Company, and the Applicant (Developer). This is in response to a question raised by a Board member at your work session last Friday. Also, you should be aware of the City's FTP website where all of the documentation for the Amended CSURF Centre for Advanced Technology ODP and The Grove at Fort Collins PDP is currently available. This includes planning and engineering documents. Here is how you access the website: 1) on your start menu and select the "run" option 2) Copy the text: explorer.exe..... �n srrr_ns2.`cgcv.com/ and paste .this text into the "Run" window's text box. 3) Click the "OK" button Momentarily you will be receiving an -e-mail that is in response to another question raised at P&Z work session last Friday. Attached it has copies of a variance request to the Larimer County Urban Area Street Standards from Northern Engineering and the City's response. Steve Olt Project Planner -----Original Message ----- From: Scanner.DevRev@FCgov.com[mailto:Scanner.DevRev@FCgov.com] On Behalf Of Scanner.DevRev@ Sent: Monday, June 13, 2011 8:32 AM To: Steve Olt Subject: Scanned image from MX-550ON Reply to: Scanner.DevRev@FCgov.com <Scanner.DevRev@FCgov.com> Device Name: Not Set Device Model: MX-550ON Location: Not Set 6/13/2011