HomeMy WebLinkAboutJEFFERSON COMMONS PUD - FINAL - 50-95A - LEGAL DOCS - TRANSPORTATION ISSUEJohn R. Duval
Assistant City Attorney
May 30, 1996
Page 2
creates concern in that these new dedications would have to be
consented to by mortgagees whose consent always proves difficult to
obtain. Rather than vacating and rededicating, I suggest that the
City vacate Orchard Place in the shaded areas shown on the map but
not vacate the right-of-way in the area where the bike trail is
proposed along the Orchard Place stub. This area would continue to
be dedicated as right-of-way held by the City. All utility
dedications would likewise be reserved by the City in conjunction
with the vacation. In the area where the bike trail is to be
(elocated on the JPI property, .JPI would.dedicate the trail for
bik� purposes on its plat. The bike trail on the Smith/Sunray
property would remain in its current location. Retaining the
right-of-way dedications in the area of the Orchard Place stub
seems to be the easiest mechanism to accomplish the Planning
Board's goals. It is my understanding from our discussion that you
agreed, on a preliminary basis, that this was a logical way to
proceed. If you have questions or concerns after reviewing the
proposal with the staff, please don't hesitate to contact me..
Sincerely yours,
MARCH & MYATT, C.
J. Brad March
JBM:drg
CC: Patrick Rhamey/
Mike Ludwig
Kerri Ashbeck
Enclosure
RECEIVED MAY 3 1 1Sgy
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
MARCH & MYATT, P.C.
ATTORNEYS AND COUNSELORS AT LAW
110 EAST OAK STREET
FORT COLLINS, COLORADO 80524-2080
(970) 482-4322
TELECOPIER (970) 482-3038
May 30, 1996
John R. Duv
Assistant,/City Attorney
City o ort Collins
300 orte Avenue
P.O Box 580
Fo t Collins, CO 80522-0580
Re: Jefferson Commons, PUD
Dear John:
ARTHUR E. MARCH
1909-1981
MAILING ADDRESS:
P.O. BOX 469
FORT COLLINS. CO 80522-0469
This letter is to follow up discussions which we have had
related to the proposed JPI student housing project. In
conjunction with this project, the City requested that Orchard
Place be connected between Taft Hill Road and Ponderosa Drive. The
neighborhood objected to this proposal, and the Planning Board
instructed staff to complete a bike trail rather .than a road
designed for vehicular traffic along the proposed Orchard Place
connection. I have had discussions with Kerri Ashbeck regarding
the proposed trail. Approximately 135 feet of Orchard Place has
been constructed east of and adjoining Ponderosa. The north half
of Orchard Place is dedicated but not constructed to the east of
the 135 foot stub and an existing bike trail is located on the
right-of-way in this area of the dedicated but unconstructed right-
of-way. The trail on .the unconstructed right-of-way is located
immediately to the north and off of JPI's property. JPI proposes
moving the bike trail to an area on the north on its property. As
relocated, the bike trail would leave property owned by Jim Smith
(Sunray Apartments) and proceed in a westerly direction along JPI's
property. Upon reaching the northwest corner of JPI's property,
the trail would connect with the existing Orchard Place stub. The
City has asked that the stub street improvements be removed. JPI
is willing to accommodate this request. JPI proposes removing the
street improvements and constructing a narrower concrete bike trail
along the Orchard Place stub. I have enclosed a map which better
depicts this proposal.
As we discussed, there was some suggestion that the existing
Orchard Place right-of-way should be vacated in whole and that
there should be new dedications back for the bike trail. This