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HomeMy WebLinkAboutJEFFERSON COMMONS PUD - FINAL - 50-95A - LEGAL DOCS - LEGAL COMMUNICATIONARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDES. JR. RICHARD S. GAST LUCIA A. LILEY J, BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 805242880 (970) 482-4322 TELECOPIER (970) 482-3038 March 10, 1997 John Narum 2305 West Plum Street Fort Collins,_CO 80521 Dear Property Owners: ARTHUR E. MARCH 1909-198) MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0469 As you know, our office represents the owners of the Jefferson Commons project. Each of you are owners of property off of Ponderosa which adjoins Orchard and Plum Streets. As part of its approvals for the Jefferson. Commons project, the City required that these two streets be vacated. If a street is vacated, Colorado law provides that the adjoining property owner receives title to the centerline of the street which he or she adjoins. Each of you previously signed letters consenting to the vacations of the streets: By these letters JPI provided assurances that it would perform certain work on each of your properties. The most severely impacted property owner was Mr. Narum, whose home is actually accessed off of Orchard. For Mr. Narum, it was necessary for JPI to install a driveway from Ponderosa to his garage. An agreement was made with all the property owners that JPI would agree to sod the portions of the vacated street and (except for the Narum property) move fencing adjacent to the vacated street to an area off of any newly defined property line. In conjunction with the three homes off of Orchard, the street will only be partially vacated, as the bike trail will remain in place, within the city right-of-way. The City will retain a right- of-way for the bike trail and the remainder of the current Orchard right-of-way will be vacated such that there will be approximately a foot or. two on either side of the reconstructed trail. On March 6th I was able to have brief discussions with Mr. Narum, Mr. Yerbic and Mr. Johnson to generally discuss the vacation of these roads and the impact which it would have on their respective properties. JPI has undertaken removal of the two rights -of -way based on the construction schedule for completion of the new bike path. JPI felt that the impact on the neighborhood would be less severe if the bike path were replaced over next week's spring break. As a result, the dead-end portions of Orchard ARTHUR E. MARCH. JR. RAMSEY D. MYATT ROBERT W. BRANDES. JR, RICHARD S. GAST LUCIA A. LILEY J. BRAOFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO80524-2880 (970) 482-4322 TELECOPIER (970) 482-3038 March 10, 1997 Norris B. and Lauri Gail Jones 832 Ponderosa Drive Fort Collins, CO 80521-3149 Dear Property Owners: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO SOS22-0469 As you know, our office represents the owners of the Jefferson Commons project. Each of you are owners of property off of Ponderosa which adjoins Orchard and Plum Streets. As part of its approvals for the Jefferson Commons project, the City required that these two streets be vacated. If a street is vacated, Colorado law provides that the adjoining property owner receives title to the centerline of the street which he or she adjoins. Each of you previously signed letters consenting to the vacations of the streets. By these letters JPI provided assurances that it would perform certain work on each of your properties. The most severely impacted property owner was Mr. Narum, whose home is actually accessed off of Orchard. For Mr. Narum, it was necessary for JPI to install a driveway from Ponderosa to his garage. An agreement was made with all the property owners that JPI would agree to sod the portions of the vacated street and (except for the Narum property) move fencing adjacent to the vacated street to an area off of any newly defined property line. In conjunction with the three homes off of Orchard, the street will only be partially vacated, as the bike trail will remain in place, within the city right-of-way. The City will retain a right- of-way for the bike trail and the remainder of the current Orchard right-of-way will be vacated such that there will be approximately a foot or two on either side of the reconstructed trail. On March 6th I was able to have brief discussions with Mr. Narum, Mr. Yerbic and Mr. Johnson to generally discuss the vacation of these roads and the impact which it would have on their respective properties. JPI has undertaken removal of the two rights -of -way based on the construction schedule for completion of the new bike path. JPI felt that the impact on the neighborhood would be less severe if the bike path were replaced over next week's spring break. As a result, the dead-end portions of Orchard ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDIES, JR, RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (970) 402-4322 TELECOPIER 4970) 482-3038 March 10, 1997 Max M. and Sandra A. Beavers 1404 Welch Fort Collins, CO 80524 Dear Property Owners: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS. CO 80522-0469 As you know, our office represents the owners of the Jefferson Commons project. Each of you are owners of property off of Ponderosa which adjoins Orchard and Plum Streets. As part of its approvals for the Jefferson Commons project, the City required that these two streets be vacated. If a street is vacated, Colorado law provides that the adjoining property owner receives title to the centerline of the street which he or she adjoins. Each of you previously signed letters consenting to the vacations of the streets. By these letters JPI provided assurances that it would perform certain work on each of your properties. The most severely impacted property owner was Mr. Narum, whose home is actually accessed off of Orchard. For Mr. Narum, it was necessary for JPI to install a driveway from Ponderosa to his garage. An agreement was made with all the property owners that JPI would agree to sod the portions of the vacated street and (except for the Narum property) move fencing adjacent to the vacated.street to an area off of any newly defined property line. In conjunction with the three homes off of Orchard, the street will only be partially vacated, as the bike trail will remain in place, within the city right-of-way. The City will retain a right- of-way for the bike .trail and the remainder of the current Orchard right-of-way will be vacated such that there will be approximately a foot or two on either side of the reconstructed trail. On March Gth I was able to have brief discussions with Mr. Narum, Mr. Yerbic and Mr. Johnson to generally discuss the vacation of these roads and the impact which it would have on their respective properties. JPI has undertaken removal of the two rights -of -way based on the construction schedule for completion of the new bike path. JPI felt that the impact on the neighborhood would be less severe if the bike path were replaced over next week's spring break. As a result, the dead-end portions of Orchard ARTHUR E. MARCH. JR. RAMSEY D. MYATT ROBERT W. BRANDES. JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (970) 482-4322 TELECOPIER (970) 482-3038 March 10, 1997 Gary Mark and Gail Yerbic 730 Ponderosa Drive Fort Collins, CO 80521 Dear Property Owners: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS:. P.O. BOX 469 FORT COLLINS. CO 8OS22-0469 As you know, our office represents the owners of the Jefferson Commons project. Each of you are owners of property off of Ponderosa which adjoins Orchard and Plum Streets. As part of its approvals for the Jefferson Commons project, the City required that these two streets be vacated. If a street is vacated, Colorado law provides that the adjoining property owner receives title to the centerline of the street which he or she adjoins. Each of you previously signed letters consenting to the vacations of the streets. By these letters JPI provided assurances that it would perform certain work on each of your properties. The most severely impacted property owner was Mr. Narum, whose home is actually accessed off of Orchard. For Mr. Narum, it was necessary for JPI to install a driveway from Ponderosa to his garage. An agreement was made with all the property owners that JPI would agree to sod the portions of the vacated street and (except for the Narum property) move fencing adjacent to the vacated street to an area off of any newly defined property line. In conjunction with the three homes off of Orchard, the street will only be partially vacated, as the bike trail will remain in place, within the city right-of-way. The City will retain a right- of-way for the bike trail and the remainder of the current Orchard right-of-way will be vacated such that there will be approximately a foot or two on either side of the reconstructed trail. On March 6th I was able to have brief discussions with Mr. Narum, Mr. Yerbic and Mr. Johnson to generally discuss the vacation of these roads and the impact which it would have on their respective properties. JPI has undertaken removal of the two rights -of -way based on the construction schedule for completion of the new bike path. JPI felt that the impact on the neighborhood would be less severe if the bike path were replaced over next week's spring break. As a result, the dead-end portions of Orchard Allen and Sharon Jensen March 10, 1997 Page 2 and Plum were removed last week and the bike path will be replaced this week. After next week the owners along Orchard will know the location of the reconfigured bike path. JPI intends to install its landscaping in June, and at the same time to sod each of your yards in the vacated street area. At that time it will, if requested, move and extend any existing fencing. I have told JPI that they should assume that they should sod all areas up to the new property lines and should not move any fencing unless our office receives written notification, prior to April 1st, of the location to which they would like to see a fence relocated. One owner has also indicated that he might not want to see his yard sodded, and I advised him that if this is the case, he likewise needs to provide notice to JPI and I would suggest that that notice needs to also be received by the April 1st date. If you wish to have your fence relocated, please get me a letter advising of the location to which you would like the fence moved. Particularly with the properties off Ponderosa, it may be helpful if a map is included with your letter. On April 5th I will send letters to all parties for each of your signatures confirming my understanding of the fence relocation issues and any other additional items including any desire not to. have areas sodded. JPI will likewise sign those letters, and it is anticipated that the landscaping work will thereafter be completed in June. If any of you have any questions or concerns, please don't hesitate to contact me. Sincerely yours, MARCH & MYATT, P.C. w J. Brad March JBM:lhm CC: Jim Truitt Todd Barrick (fax: 407-0425) -Mike;,;Ludwig Carrie Ashbeck ARTHUR E. MARCH. JR. RAMSEY D. MYATT ROBERT W. BRANDES. JR. RICHARD S. GAST LUCIA A. 1_11_EY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 'EAST OAK STREET FORT COLLINS. COLORADO 80524-2880 (970) 482-4322 TELECOPIER (970) 482-3038 March 10, 1997 Allen and Sharon Jensen 800 Ponderosa Drive Fort Collins, CO 80521 Dear Property Owners: A R T H U R E. MARCH 1909-1981 MAILING ADDRESS! P.O. BOX 469 FORT COLLINS, CO 80522-0469 As you know, our office represents the owners of the Jefferson Commons project. Each of you are owners of property off of Ponderosa which adjoins Orchard and Plum Streets. As part of its approvals for the Jefferson Commons project, the City required that these two streets be vacated. If a street is vacated, Colorado law provides that the adjoining property owner receives title to the centerline of the street which he or she adjoins. Each of you previously signed letters consenting to the vacations of the streets. By these letters JPI provided assurances that it would perform certain work on each of your properties. The most severely impacted property owner was Mr. Narum, whose home is actually accessed off of Orchard. For Mr. Narum, it was necessary for JPI to install a driveway from Ponderosa to his garage. An agreement was made with all the property owners that JPI would agree to sod the portions of the vacated street and (except for the Narum property) move fencing adjacent to the vacated street to an area off of any newly defined property line. In conjunction with the three homes off of Orchard, the street will only be partially vacated, as the bike trail will remain in place, within the city right-of-way. The City will retain a right- of-way for the bike trail and the remainder of the current Orchard right-of-way will be vacated such that there will be approximately a foot or two on either side of the reconstructed trail. On March 6th I was able to have brief discussions with Mr. Narum, Mr. Yerbic and Mr. Johnson to generally discuss the vacation of these roads and the impact which it would have on their respective properties. JPI has undertaken removal of the two rights -of -way based on the construction schedule for completion of the new bike path. JPI felt that the impact on the neighborhood would be less severe if the bike path were replaced over next week's spring break. As a result, the dead-end portions of Orchard