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HomeMy WebLinkAboutHARMONY OAKS - PDP - 17-05 - CORRESPONDENCE - EASEMENTSv ►7 c,,Y mva g(-A •) 1 - 1 T o S�STCM e � �' DPoSetl offer �i ovV Sch",�7e P� PL "Now e LiCiS��n� ��o`CrnvY�iC'� • Page 2 Sincerely, Burton C. Kross Manager of LLC June 27, 2005 Please sign and return this letter of intent to us at your earliest convenience. The undersigned Owner in the Pier I Apartment Complex hereby: Agrees Does not agree_ To grant an easement to Harmony Oaks, LLC for stormwater release discharge from 608 E. Harmony Road, Fort Collins, CO. Upon approval of all affected owners in the Pier I Apartment Complex, a specific stormwater utility easement will be developed for signature by all parties. Signed: ��� Date: i - I $ -OS Hannon Oaks LLC 6933 Sedgwick Drive, Fort Collins, CO 80525 y TE: 970-206-4425 FAX: 970-206-4458 e-mail: bckross(Waol.com June 27, 2005 Mr. Steve Hawes Mr. David Hawes PO Box 1308 Fort Collins, CO Dear Mr. Hawes We own the lot immediately to the south of your Apartment Buildings X & Y in the Pier I Apartment complex located at 4501 Boardwalk Drive, Fort Collins, Colorado. We are developing an office building on our property (608 E. Harmony Road) and have applied to the City of Fort Collins for a building permit. In order to complete the building permit process, we need to obtain permission from you to amend the utility easement crossing a part of your property to specifically allow stormwater detention pond overflow discharge from our property. We are required to construct adequate stormwater detention on our property in order to capture a major storm event, and then discharge the overflow from our detention pond at a maximum rate of 0.43 cubic feet per second into the stormwater system that crosses your property. Please recognize that the release from the detention pond is limited to this very low flow amount by a constriction in our discharge pipe that only allows the 0.43 cubic feet per second flow, and the start time of the release is delayed until after the storm event because of our onsite detention requirements. Please see the attached plot plan of the Pier I apartment complex showing the pathway of stormwater runoff for the complex, and indicating where our discharge pipe would be located. We would propose to install a sidewalk culvert under the sidewalk, with our detention pond release flowing across the existing parking areas, eventually reaching the public stormwater system located in the northeast corner of the Pier I Apartment complex property. We are contacting the other building owners who are potentially affected by our stormwater overflow discharge to obtain their permission for the amended utility easement as well. If you have any questions, please contact me • Page 2 June 27, 2005 • No response has been received to the letter and follow-up telephone messages to Mr. Moms. Based on the negative response from one owner (Mr. Hawes), the continued reluctance expressed by a second owner (Mr. Hammel), and no response from a third owner (Mr. Moms); we must conclude that it is unlikely that Harmony Oaks, LLC can obtain a stormwater easement for discharging onto the various Pier I apartment properties. We request that the City of Fort Collins allow the property to discharge the stormwater outlet onto Harmony Road. Please advise what information you will need to make a positive decision regarding this request. Thank you. Sincerely, Burton C. Kross Manager of LLC Hamnony Ckdus 1.LC 6933 SedgvAck Drive, Fort Collins, CO 80525 TE: 970-206-4425 FAX: 970-206-4458 e-mail: bckross aOaol.com July 15, 2005 City of Fort Collins To Whom It May Concern: This letter summarizes the efforts made to date to obtain an easement for stormwater retention pond overflow from our proposed building to be constructed at 608 E. Harmony Road. • On June 8, 1 met with Mr. Kelley Hammel, an owner of several buildings in the Pier I apartments. He walked the property with me and reviewed possible flow directions for the stormwater discharge across a parking lot in the apartment complex. He pointed out that the existing parking lot has significant pothole problems, and often puddles after rainfall events. Mr. Hammel said he would _ask his.,manager to provide.the names and addresses of three other apartment building. owners .who. potentially could be.impacted by the stormwater.flow.:. _,Mr. Hammel .said ;he was::reluctant to' agree to any additional stormwater flow on the"'parking lot, but he'requested that a letter be sent to him and. the other owners to seek their decision about negotiating a stormwater easement. • On June 23, the manager of Pier I apartment provided the names and addresses of the other three owners. The attached letters were sent to the four owners on June 27, 2005. • On July 2, a response was received from Mr. Oman, owner of the day care center, indicating he was willing to negotiate a stormwater easement. • On July 11, 1 received an email message from Mr. Hammel that he was on vacation until the end of July, but that he was still reluctant to grant an easement for additional stormwater onto the Pier I apartment properties that he owns. Telephone message have been left for Mr. Hammel to get confirmation of his decision, but he has not responded. • On July 14, I. had a telephone conversation with 'Mr. Steve Hawes. He indicated that he was not willing to enter into an 'easement because the parking lot already had problems from any existing rainfall events: He will confirm this decision by signing and returning the June 27 letter: Acopy of this response will be provided upon receipt.