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HomeMy WebLinkAbout637 COWAN STREET - PDP - 21-03 - CORRESPONDENCE - PROJECT EXTENSION509 East Myrtle Street Fort Collins, CO 80524 April 15`h, 2004 Mr. Jeff Valloric Fort Collins Housing Authority 1400 Riverside Avenue Fort Collins, CO 80524 Hi Jeff, Thank you for taking the time out of your busy day to sit down and discuss the possibility of Fort Collins Housing Authority granting a sewer easement thru their property at 615 Cowan Street to my home located at 637 Cowan Street. The proposed easement is to be located at the Housing Authority's south lot line originating approximately 75 feet from the alley. This easement is to be 10 feet wide and run continuous from the origination point to the alley, or the West lot line. As was discussed I will be totally liable for all costs and fees associated with this process. This includes repairing all damages to sprinkler system, parking lot, fence, landscaping, or other unforeseen items. These repairs will return any damaged items back to their original condition or better. Please give me a call at 690-8526 in the next few days if you have any questions or would like any additional information. In the meantime, I will start to have drafted an easement that I will forward to you next week. I have to be honest; this process seems almost too easy. I have been trying to communicate with the property owner at 718 East Laurel Street for literally six months now, with absolutely no progress or response. It is hearting to know that there are still people out there who are willing to cooperate solely for the benefit of community, THANKYOU! Sincerely and God Bless! Barry M. Schram K IN WITNESS WHEREOF, the parties have set their hands and seals this 26th day of April, 2004. Servient Property Owner Fort Collins Housing Corporation 1715 West Mountain Avenue Fort Collins, CO 80521 STATE OF COLORADO ) ss. COUNTY OF LARIlVIER ) Dominant Property Owner Barry Schram 637 Cowan Street Fort Collins, CO 80524 Subscribed and sworn to before me this 261h day of April, 2004, by FCHC. Notary Public My commission expires: STATE OF COLORADO ) ss. COUNTY OF ) Subscribed and sworn to before me this 261h day of April, 2004, by Barry Schram. My commission expires: STATE OF COLORADO COUNTY OF ss. Notary Public ki grant and convey to Barry Schram of 509 East Myrtle, Fort Collins, Colorado 80524 the following described easement: A strip of land 10 feet in width, running parallel to and along the South boundary line of the servient estate, being approximately 80 feet in length. The ten foot strip of land shall run the East to West width of the servient property being situated in the City of Fort Collins, County of Larimer, State of Colorado. 2. The easement conferred herein above is intended for the purposes of installing, repairing, maintaining, and operating a sewer line into, upon, across, and under said strip of land to provide separate sewer service to the dominant property by way of access to the city sewer main. This sewer line easement is for the benefit of an appurtenant to the dominant estate above as described. It is expressly understood the owner of the dominant property shall have the right of ingress to egress from servient property for the purpose of maintaining, repairing and keeping such sewer line free or in useable condition at all times. 3. Barry Schram for himself, his heirs, and assigns hereby covenants with FCHC, its heirs, and assigns that as owner of the dominant estate he will from time to time and at all times hereafter at his own cost and expense, repair and maintain in a proper, substantial, and workmanlike manner his own sewer line as situated in the easement described above. In this respect it is further covenanted and agreed that Schram, in the exercise of the rights of easement granted herein, shall be responsible to repair and restore servient property to the condition that it was prior to any installation, maintenance, or repair of the sewer line landscaping, fences, or other improvements on the servient property which may be disturbed, moved, or damaged as a result of any laying, repairing, maintaining, or removal of the sewer line within easement above described. In this regard it is agreed that the servient property owner shall not construct any permanent foundation -type improvement on or across the easement. Furthermore, Schram, his heirs, his assigns, as owners of the dominant property, hereby agrees to indemnify FCHC, its heirs, and assigns, as owners of the servient property, against all claims, suits, costs, losses, and expanses, that may in any manner result from or arise out of the laying, maintenance, repair, use of existence of the sewer line situated within the easement described above, including the breaking of such line or the leaking of any substance from it. 4. The sewer line easement described herein is to and shall run with the land and shall be for the benefit and use of Barry Schram as owner of 637 Cowan Street, Fort Collins, Colorado, his heirs, his executors, administrators and assigns. 2 Sewer Line Easement Agreement This easement is made and entered into this 26`s day of April, 2004, between Fort Collins Housing Corporation of 1715 West Mountain Avenue, Fort Collins, Colorado 80521 (hereafter referred to as "FCHC"), and Barry Schram, of 509 East Myrtle Street, Fort Collins, Colorado 80524 (hereafter referred to as "Schram"). Recitals 1. FCHC is the owner of real estate in the City of Fort Collins, County of Larimer, State of Colorado, which adjoins real property owned by Schram, which real property owned by FCHC is commonly known as 615 Cowan Street, Fort Collins, Colorado, and is legally described as: Commencing at point 237 feet South of Northeast corner of block 186, from there continue, South 100 feet, West 190 feet, North 100 feet, East 190 feet to point of beginning. (hereinafter referred to as "Servient Property"). 2. Schram is the owner of real property in the City of Fort Collins, County of Larimer, State of Colorado, which adjoins the servient property, which real property is commonly known as 637 Cowan Street, Fort Collins, Colorado, and is legally described as: Commencing at a point 130 feet North of the Southeast corner of Block 186 in the City of Fort Collins, Colorado thence North 70 feet, thence west 122 feet, thence south 70 feet, thence east 122 feet to the point of beginning. ALSO: Commencing at a point 130 feet North of the Southeast corner of Block 186 in the City of Fort Collins, Colorado thence west 70 feet, thence south 35 feet, thence East 70 feet, thence North 35 feet to the point of beginning, COUNTY OF LAR MER, STATE OF COLORADO. (hereinafter referred to as the "Domain Estate") 3. The parties of this agreement desire to create a sewer line easement across the servient property for the use and benefit of the dominant estate. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, and in consideration of the covenants and agreements of the parties hereto, it is agreed as follows: 1. Fort Collins Housing Corporation, the owner of the servient property, for consideration of the promises and covenants herein contained, does hereby RECEIVED APR 2. 8 2004 To: Cameron Gloss, Director of Current Planning CURRENT PLANNING From: Barry Schram Date: April 28th, 2004 Re: Second extension request Dear Mr. Gloss, I respectfully am submitting this extension request in regards to my project at 637 Cowan Street. My first request for an extension I sent to you on March 12°i in regards to this project after having conversations with Georgiana at the planning department. The good news is that Fort Collins Housing Authority has agreed to grant me an easement through their property for the required sewer line that has been the holdup to this point with another neighbor. Please feel free to call me at 690-8526 with any questions, concerns or comments. Thank you for time and consideration. Barry Schram