HomeMy WebLinkAboutHARMONY OAKS - PDP - 17-05 - CORRESPONDENCE - EASEMENTSv
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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.