The URL can be used to link to this page

Home My WebLink AboutMARCH, OLIVE & PHARRIS, LLC LAW OFFICES - PDP - PDP140008 - CORRESPONDENCE - LEGAL COMMUNICATIONDEED OF DEDICATION FOR RIGHT-OF-WAY KNOW ALL MEN RN'THESE PRESENTS: That the undersigned MaOIPh. LLC. a Colorado Limited Liahilitv Company, being the owner of certain real property described as Lots 3 arid 4, Less State Llwv. Block 2. L. C. Moore's First Addition. a Subdivision of the Citv of Fort Collins. County of Larinmer. State of Colorado, comnton1v known as 1312 S. College Ave., Fort Collins. Colorado (the "Property") in consideration ofTen Dollars (S 10.00) in hand paid. receipt of which is hereby acknowledged. and other good and valuable consideration. does hereby dedicate, transfer, and convey to the City of Fort Collins. Colorado. a Municipal Corporation, whose mailing address for purposes ofthis deed is P.O. Box 580. Fort Collins, CO 80522. for public use forever a permanent right-of-way for public street purposes in the City of Port Collins, County of Larimer. State of Colorado, more particularly described as the westerly most 9 feet of the Property located west of that certain 100.08 fbut line which bears N 02*45'54"W. extending from that certain #4 rebar stake marked W/BPC. LS93417 at the northeasterly comer of the Property and 414 rebar stake marked WIBPC. LS03417 at the northwesterly corner ofthe Property as shown by the MaOIPh. I_LC site plan on file with the City of Fort Collins, CO. It is understood by the undersigned that. by acceptance of this dedication, the City of Port Collins does not accept the duty of maintenance or such right -of way until permanent improvements have been made and the City has accepted such improvements. Unless otherwise specifically agreed by the City, the City does not assume the duty ofmaintenance ofsidewalks, curbs and cutters, or parkways. Witness our hands and seals this day of . 2015. Grantor: MaOIPh. LLC By: Stewart W. Olive, member 1312 S. College, For Collins. CO 80525 State of Colorado ) County of Larirner ) The foregoing instrument was acknowledged before me this _ day of __. 2015. by Stewart W. Olive as it member of MaOIPh. I,LC. Witness my hand and official seal Mc commission expires: Notary Public A,rTORNEY'S CERTIFICATION The undersigned does hcrcbv certifv that thrforegoing deed has been duly executed as required pursuant to Section 2?.3 (C)(3)(a) through (e) inclusive of the Land Use Code of -the City of Fort Collins and that all persons signing this deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon an examination ofthe records of the Clerk and Recorder of Larimer County, Colorado as of the date of execution ofthe deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(C')(3)(t) ofthe land Use Code. March. Olive and Pharris. L.L.0 By J. Brad March. Attorney Address 1312 S. College, Fort Collins. CO 80525 Registration No. # 13355 Date: This Deed of Dedication is accepted by the Director of I'lannine. Development. and Transportation Service Unit pursuant to Section 2.1.5 ofthe Land Use Code of the City of Port Collins this !_clay of .2015. Rick Richter As delegate for the Director of Planning. Development, and Transportation Service Unit ATTEST: City Clerk --- -1 Kimberly Shutt January 23. 2015 Page 3 north. the alley and access off College (and from the drive to the south in the case of emergency) PFA issues had been resolved. 2) Stormwater — there have been issues surrounding the addition impermeable materials and the impact on stormwater approvals, it has been out understanding that there are not adequate stormwater faculties in this area of town but. the project may proceed so long as no more than 1.000 sq. ft. of additional area is added to the lot. New impermeable area within the Citv ROW is not counted toward the 1.000 sq. ft. "ro address parking needs permeable pavers were proposed. It is understood that as to the permeable pavers. there is still a 60% factor of impermeability. A table showing new impermeable area (including the permeable paver factor) has been included. 3) handicap parking — there were issues surrounding the handicap parking space at the southeast corner of the property and the potential interference between the southerly parking and the unloading area. It is understood that the staff was comfortable with the layout as presented. 4) 1 do note that the site plan as revised shows a line overlap in the SE corner just south of the depiction of the storage shed with the comment "Existing Wood Fence to be Relocated" we are in the process of having this corrected. Kim. Thank you for allowing us to submit information regarding this project through you and for your follow up. It is hoped that the materials submitted v6ll address prior staffconcerns. I understand that an administrative hearing will be necessan• related to this matter and our seller would like to see the hearing proceed. After you have followed up please give me a heads up re questions or concerns as well as an idea as to how the staff sees this matter proceeding. JBM Sincerely. MARCH. OLIVE & PIIARRiS. LLC a,j. /Y� J J. Brad March MARCH, OLIVE & PHARRIS, LLC ATTORNEYS AND COUNSELORS AT LAW J. RRADFORD MARK 110 P OAR ST'RFS7• SUITH 200 AR'MI R L. ,MARCH ,4EWART W. OUVL' FORT COI 1.INS. COLORADO NM21.2880 NW-198! 1OHS W, PHARRIS 0M)i 482-4'122 1%," ARTIOIR 4. MARCH, 1R. M(Y) 482-5119 F&I (9ii,?b15 MMM.Y39Ki0.111�C111VRttii'�.Rpry January 23, 2015 Kimberly Schutt Wick & Trautwein. LLC 323 S. College Avenue Fort Collins. CO 80524 RE: Real Estate J 1312 S. College Avenue Dear Kim. This letter is to follow up our discussion of Friday. January 9`t' and my prior email to you of December 23rd. relative to the 1312 S. College property and the litigation that you are handling for the City. "Ihe City's planning department in September imposed a requirement as part of the planning process that the 1978 agreement between the City and the three property owners who owned property in the 1300 block of south College Avenue need to be `'dissolved" before consideration of the proposed 1312 use could proceed to a public hearing, The parries were unable to agree on dissolution of the a6geerrent which resulted in the gtriet title suit txing filed As you know the Court has defaulted out Swan Lake Trust which owns the 1304 S. College property to the north of the referenced property which we have under contract. Our contract seller. the current owner if the 1312 S. College property. is willing to dissolve/terminate the 1978 agreement if MaOIPh closes on the purchase of the 1312 S. College property. MaOIPh is willing to buy the property if the City approves the use of the original drive and Mrs. McCrery agrees to: (i) afford some additional parking off her property (ii) consent to the continued use of the 1312 drive (iii) agree to the 1312 parking plan and (iv) agree to sign a disclaimer allowing entry of a decree eliminating a the 1921 covenant allowing only residential use of the 1312 property. Mr. Hasler has advised that Mrs. McCreary is willing to agree to all of the MaOIPh conditions so long as the 1978 agreement is terminated. The parties to the 1978 agreement included the City. the City can only consent to termination of the 1978 agreement after the planning process has been completed. The inability to proceed through the planning process until the 1978 agreement has been terminated/dissolved and the inability to terminate/dissolve the 1978 agreement without proceeding through the planning process has created a conundrum. I spoke with Paul Eckman some time ago and we discussed the potential of proceeding through the planning process with any approvals being conditional on all parties. except Swan Lake based on the Court order. signing off. terminating/dissolving the 1978 agreement, This process would seem to make sense. in one of the discussions 1 had with Mr. Eckman he mentioned that he had chatted with Cameron Gloss and that Mr. Gloss had expressed concerns relative to the use of the north drive (as opposed to the McCreary/] 118 drive). It was my understanding from Paul that Cameron had