HomeMy WebLinkAboutTHE HUMAN BEAN COFFEE DRIVE THRU - PDP - 28-04A - CORRESPONDENCE - ACCESS, UTILITY, DRAINAGE EASEMENTTranspr tion Services
Engineering Department
City of Fort Collins
February 2, 2005
Mr. Grem Armstrong
Gara, LLC
P.O. Box 270114
Fort Collins, CO 80527
RE: Access Easement for Human Bean
Dear Grem:
It is my understanding that you have a concern regarding the requirement for the Human Bean
development to dedicate an access easement on the plat. This dedication on the plat includes an area of
land not being developed with the Human Bean project and from my understanding you are leaving open
the option to have developed in the future. Please allow this letter to explain the requirement regarding
the access easement dedication and how it affects any potential future development.
The dedication of the access easement on the plat is a requirement in order for the development to
conform to the North College Access Plan, which requires the creation of a recirculation road parallel to
College Avenue in order to ensure connectivity between parcels in the area without using College
Avenue.. The dedication of the access easement on the plat ensures the legal right for this recirculation
road. With the plat for the Human Bean including the undeveloped area you own, dedication of the
access easement is required to occur at this time as platting a property requires the creation of easements
and rights -of -way for the entire platted area.
The access easement on the undeveloped property is "permanent" with the dedication on the plat in that it
does not expire on its own. However, should the alignment of the access easement set forth on the plat
not coincide with the site design at the time a development is proposed, the access easement can be
relocated and the existing access easement vacated (terminated). This can be accomplished in one of two
ways: 1) by plat — replatting the vacant parcel and specifying the previous easement is to be vacated and
dedicated in a new alignment as shown on the replat or, 2) by separate document — vacating the access
easement and simultaneously dedicating the new access easement can be done by separate deeds without
a plat. Either method is acceptable. The City would furthermore, not object to this reconfiguration of the
access easement so long as the location is logical, reasonable and meets the intent of what the North
College Access Control Plan stipulates.
Hopefully this clarifies the City's position. Let me know if you have additional questions or concerns.
Sincerely,
arc P/ irata, P.E.
Civil Engineer II
cc: Anne Aspen, City Planner
Joe Carter Cityscape Design
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.fcgov.com _