HomeMy WebLinkAboutBELLA VIRA - PDP - 36-05A - CORRESPONDENCE - EASEMENTS (3)Steve Olt - Re: Regarding the Bella Vira ° and specifically open space access cones .tion to The Ponds Page 2
----- Original Message -----
From: "Dan DeLaughter" <ddelaughter(o)fcaov.com>
To: <lohnminatta(o)comcast.net>
Sent: Thursday, March 30, 2006 2:00 PM
Subject: Re: Regarding the Bella Vira PDP and specifically open spaceaccess
connection to The Ponds
> John,
> I checked with JR on the private drive issue, and since there are
> really no city guidelines on how the street naming should be done, he
> would like to leave it up to the Fire Department, since they have to
> deal with it for addressing. I've left a message with Ron Gonzales, and
> will hopefully hear back soon. Regarding the trail easement issue, I'm
> checking into it with Paul Eckman. There are access easements dedicated
> on the Ponds property. It seems to me they are public easements, but we
> need to make sure. If no easements are required, it would still be your
> responsibility, as Doug has said to build the connection onto their
> site. It's a very small piece of trail though. In order to avoid the
> same ambiguity on your project, we'd like the access easement tracts
> that you have labeled as "public access."
> Thanks, and let me know if you have any questions.
> -Dan
»» "John Minatta" <lohnminatta(c comcast.net> 3/30/2006 11:38:31 AM >>>
> Dan
> I attended a board meeting of The Ponds HOA on March 2 at which time I
> requested and was granted permission to incorporate into the Bella Vira
> development plan a point of access to their open space at or near the
> south west corner of the Bella Vira site. I was instructed to deal with
> board member Jerry Hart regarding this issue and any future neighborhood
> issues. Jerry Hart 416-6443 3414 Golden Currant geraldhart(a)_comcast.net
> The Ponds Board stated that they were not agreeing to pay any costs
> associated with this connection. I have passed this information along to
> Doug Moore and I have also spoken with David Averill. The question that
> came up was if any additional easements are required besides my "open
> space" "access" notations on my plat and whatever designations The Ponds
> currently has on their open space. David Averill was going to check on
> what The Ponds currently has and let me know. I do intend on connecting
> to The Ponds open space and trying to accomodate whatever Natural
> Resources and Transportation Planning says needs to be done to make the
> connection.
> John Minatta
CC: Averill, David; Moore, Doug; Olt, Steve
Steve Olt Re Regarding the Bella_Vira p and specifically open space __ _ _ _ Page 1 ;
access con lion to The Ponds
From:
Dan DeLaughter
To:
Minatta, John
Date:
03/30/2006 4:45:45 PM
Subject:
Re: Regarding the Bella Vira PDP and specifically open space access connection to
The Ponds
John,
The Tracts on the Ponds property are dedicated as access easements. While it does not specifically say
public access, all easements (by the plat certificate of dedication statement) are dedicated for public use.
Therefore, unless it is specifically called out as a private easement, which these are not, anyone is allowed
to go there, and the trail built through it will be for the public use. This interpretation has been confirmed by
Paul Eckman.
Regarding the payment responsibility, I believe the basis is in the Land Use Code:
3.2.2 (A) "Sidewalk or bikeway extensions offsite may be required based on needs created by the
proposed development", and
3.2.2 (B) "Connections to the off -road trail system shall be made, to the extent reasonably
feasible." and finally,
3.3.2 (F)(2) "When any person constructs a street, sidewalk, alley or path through undeveloped
areas or areas that may be redeveloped to serve the property or constructs such improvements
along the perimeter of the property, the entire cost of such construction shall be the responsibility
of such person."
I hope this helps to clear things up for you.
-Dan
>>> "John Minatta" <johnm inatta@comcast. net> 3/30/2006 3:05:43 PM >>>
Dan
have not spoken to my attorney about this issue yet. I can say with
confidence that The Ponds will not modify whatever existing easements they
have on their open space property if that were a condition of our linking
trails - or for any reason. I would be reticent to allow greater or more
encompassing access rights than what The Ponds currently has or will allow.
I think that both of our HOA's will be sensitive to liability issues of
declaring these privately owned spaces as public access. I am anxious to
hear Paul Eckman's opinion about this and find out what specific types of
easements The Ponds currently has on their open space.
I have never stated that I am unwilling to pay for building the soft trail
on The Ponds property (approximately 100' distance) connecting my property
to Coneflower Drive. Doug Moore stated that the LUCAS provided the city the
authority to rquire me to pay for it and I only asked for clarification as
to what part of the code addresses this so that I can better understand our
responsibilities and explain it to the other stakeholders. It appears to me
that LUCAS doesn't really provide the city with the authority to require me
to make improvements to my neighbors open space. It is essentially the
Natural Resources Department taking the position that they will not support
my density modification request if I don't. I am willing to design and pay
for the construction of this improvement since it is beneficial to the
entire neighborhood and shouldn't be that expensive to construct.
John