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
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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