HomeMy WebLinkAboutRIGDEN FARM, 1ST FILING, SEVEN OAKS ACADEMY - PDP - 56-98W - CORRESPONDENCE - EASEMENTSTroy Jones - Fwd: Seven Oaks Deed of f 'nation _ Pagel
From: Marc Virata
To: Troy Jones
Date: 12/19/03 8:13AM
Subject: Fwd: Seven Oaks Deed of Dedication
Troy,
I sent this message out yesterday regarding Rigden Farm Seven Oaks after talking with Paul. This project
may be on hold for a little longer than previously thought.
>>> Marc Virata 12/18/03 05:01 PM >>>
Good Afternoon Gentlemen,
This afternoon, Larry Neal had presented to me certain deeds of dedication from Seven Oaks Academy of
Loveland, Inc, to the City of Fort Collins. In quickly glancing at the document, I had indicated to Larry that
the format of the easement(s) did not match our standard format, which was emailed on 11/21/03 and that
the document would need to be reviewed by our City Attorney.
The City Attorney has expressed concern with regards to the deed and the attorney certification. The
deed of dedication has a statement that, "The City shall not improve the physical condition of said
easements beyond their present physical condition." This statement is of concern with the City, mainly
with the view that the language is vague. Could it be argued that the City, by repairing a pipe within an
easement, is improving the condition beyond the present physical condition (when there is no utility in
place to begin with?) This language should be stricken from the deed.
The City Attorney also has taken issue with the attorney certification and does not find it acceptable with
the exemptions listed in the certification. The attorney certification associated with the deed will need to
be resigned without the exemptions in the format as previously emailed. In lieu of an attorney certification
acceptable to the City, title insurance is acceptable (as outlined in 2.2.3(C)(3)(i) of the City's Land Use
Code). Bear in mind that title insurance in lieu of an attorney certification will require additional City staff
processing time and will also likely require review by our Real Estate Services Division, who effective
January 1, 2004, will begin assessing fees for their services which we will be required to pass onto
developers for any development related activities such as this situation.
I'd suggest further examination of 2.2.3(C)(3)(a) through (i) for options with regards to completion of the
processing of these deeds. In the interim, the utility plan drawings will not be released for final signature
until the deeds are fully acceptable by the City. Please let me know of any questions or concerns.
Thanks,
Marc P. Virata
Civil Engineer
City of Fort Collins - Engineering Department
Phone: (970) 221-6605
Fax: (970) 221-6378
mvirata@fcgov.com