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Home My WebLink About701 WAGNER (CLOCK TOWER APTS.) - MODIFICATION OF STANDARD - 37-02 - CORRESPONDENCE - LEGAL COMMUNICATION (5)10/16/2002 14:30 970-224-9188 BELL BOGE & ASSOC PAGE 04 FAX 1j7D) AU-AJ14 aes.Owen 0 Bcacbum MA NU O. Box 1869 dnZon VA 24450 Gentlemen: Goiwx F. Fspum Arrotuatr AT LAW POST OFFICE dox L067 FORT COLLD y, COLOAAbO 90522-1067 e-mail: &f eaplinQw*rldaet.att.Aet . me TEUPHONE (970) ee6-2885 J760AAe qgj - Z68S I represent Lot 5 Wagner Park, Inc. that owns Lot 5 of the Wagner Fraternity Park division in Fort Collins CO, which is the center Iot of this one block subdivision. Sigma owns an adjoining lot. We understand that you ale currently marketing the Sigma Nu lot. Many years ago Sigma Nu along with the other Greek houses on the block, created my c lent to administer Lot 5 as an overflow parking lot for all of the houses. Since its inception, a good pan of Lot 5 has been conveyed and is now used as coMos.' The remainder of the lot is rraintained by the remaining Greek houses who contribute to the taxes and other costs in eXchange for continued use of the lot. Now that it appears that your house is in transition, my client is interested in learning tether or not the Sigma Nus want to continue to participate in Lot 5, Inc. If you wish to ,continue I would prepare the quit claim deed and release. If you wish to contittuc please let know who will be our contact person for billing and decision making purposes. Thank you for your attention to this request. If I may provide additional information or 1tion, please contact me. �AmY yours, Z-0 Gordon F. Esplin Attorney at Law to Georgitie Bush Lot 5, WaQmer Park Board Members Lot 1: Lot 2: Alpha Chi Omega (484-5050): House Corps President: Marty Osecky <mosecky@home.com> Lot 5 Secretary/Treasurer 2705 Westridge Ct Fort Collins, CO 80526 223-5815 House Corps Treasurer: Kelly Boyle 2 5 2 5 Hampstead Loveland, CO 80538 663-5370 Lots 3 and 4: Withdrew to form Baystone condos Lot 5: Parkiniz Lot Lot 6: Delta Delta Delta (484-5263): Lot 5 President: Georgine Bush 1504 Emigh Fort Collins, CO 80524. 484-4636 (w) 482-9121 Treasurer: Myke Erickson 1628 Adriel Circle Fort Collins, CO 80524 224-3833 Lot 7: Sigma Nu Fraternitv National contact: James Owen or Brad Beachum, Co-ExecutiveDirectors P.O. Box 1869 Lexington, Virginia 24450 540-463-1869, Fax:540-463-1669 Lot 8: Lambda Chi Alpha (482-4096): Lot 5 Vice -President: Michael A. Smith House Corps Treasurer: 600 Harrison Denver, CO 80206 303-377-7713, Fax 303-377-5929 (w) 3039389-4643, Fax 303-685-4869 Lot 9, Alpha Phi: withdrew with condos Other numbers: Dick Bivens of Barker Construction for lot grading: 482-9526 Lawnworks: 484-5215 (weed control) br.LL, BOGE & ASSOCIATES, F . �. Attorneys and Counselors at Law 322 East Oak Street Fort Collins, Colorado 80524 Gregory S. Bell Richard W. Boge* 'Also licensed in California Jeremy E. Scott October 16, 2002 Attn: Bob Barkeen Planning Department City of Fort Collins Telephone (970) 493-8999 or (970) 224-3574 FAX (970) 224-9188 HAND DELIVERED Re: 701 Wagner Drive - Modification of Standard - File 937-02 (P&Z Board) Jupiter -Barr, LLC, applicant Dear Mr. Barkeen: You have requested follow-up information concerning the rights of Lot 7, currently owned by Sigma Nu, to use Lot 5 for parking. Enclosed are copies of the following additional documents concerning Lot Ts use rights. 1. Lot 5, Wagner Park Board Members listing provided by Marty Osecky, secretary of Lot 5, Wagner Park, Inc. ("Wagner Park"). It identifies that there are four continuing members in Wagner Park, including Sigma Nu. 2. Letter from Gordon Esplin, Esq. dated January 28, 2002, indicating that Sigma Nu was an original creator of Wagner Park and continues to pay dues and use Lot 5. Mr. Rick Reider, agent for Sigma Nu, also had a telephone conversation with Marty Osecky. He was advised, consistent with the enclosed board members listing that there remain four dues paying members of Wagner Park. Please review the enclosed documents and advise whether there remains any true issue concerning the use of Lot 5 for parking by the owner of Lot 7. Based on the foregoing, Lot 7 has a right to use Lot 5 for parking that is equal to the other three members (15 spaces of the 60 available). However, with 40 spaces on -site on Lot 7 and 15 available on the street immediately contiguous with Lot 7, only 6 spaces need to be provided by Lot 5 in order to accommodate the total anticipated parking space needs of 61 spaces for the proposed project. VE -,&, W Richard W. Boge pc: Ms. B. Siek Rick Reider city ltr2 re lot 5 parking.doc