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Home My WebLink AboutEAST RIDGE (RYLAND) ANNEXATION & ZONING - 33-98 - LEGAL DOCS - LEGAL COMMUNICATIONOct 03 01 10:10a Gary Kounkel OCT-03-01 WED 09:42 Ah r' ' BRANDES GAST 970-667-8883 FAX NO. 482303P P. 02/05 P.5 AnvsEYD WATT Roar- W. SXA' -JK mc/ MD S. CAST JcfrREV 1. J01A=%' DANILL C. MUr1LY Bu N R LLOKL \IYATT BRA\'DES & GAST PRUR->afUVAL CU0.VOQ/.1 W� ATTMAr5 .w CQOASELONS .T IA W CLoeKro W u SGLARE 323 S0tM4C0LLL09ML.1LX SLii 1 Facr CmL ms. COLORADO 80524-3345 September 12, 2001 Mr. Gary Kounkel, President Big Horn Resources, Inc. 27DO Valley Oak Drive Loveland. CO 80538 Re: East Ridge Annexation Our File No.: 195-009 Dear Gary' TEILrNU>1 (970)482�846 F�(:SMLE (970)492-3039 E.mu,t� ri;=C +, rl cum With regard to the East Ridge Annexation I am enclosing the following documents: 1. Peritiou for Annexation, with Attachments A through D. Please have the appropriate representative of Fort Collins Industrial & Technical Park Venture, LI-C sign the Petition. Also, it will be necessary for you to sign Attachment C (the AfGdatit of Circulator), and have your signature notarized. When signed, the Petition will meet the Fort Collins submittal requirement,. t'uu will need to submit an original plus 5 copies � � [ 1,1y Signed original of mm y lencr dated September 12, 2001 to Brian Grubb at the City, - certi{yttt why the two. railroads would not sign the Annexation Petition. This should be hand -delivered to the City when the Annexation > ^n Lgh cnmined- 3- Copy of rile City of Fort Collins Annexation and Zoning Submittal Requitements. The requirements for the Petition in Section 1 on page 1 have been mct, as noted above. The additional items sct forth in Sections 2 through 5 on page 2 will need to be submitted to the City along with the Petition. If you have any questions or need anything further, please let me know Thank you - By: RSG:cch Enclosures ces. Jeff Strauss, Tri-Tiend, Inc.(w. ercl-) Brad Saucerman, Jim Sell Design (w. encl.) Very truly yours, MYATT BRANDES & CAST PC Ric}lard S. Gast Oct 03 01 10:10a OCT-03-01 WED 09:42 AM Gary Kounkel Y T BRANDES GAST 970-667-8883 FAX NO, 462303" P. 03 /05 p.4 RA..mscv D. MYATT ROOT- W_ BRAYM rR. AJCMARD S. GAIT 1EFFRcY1. 10H%SOv D&meL. C. MLTFLV BRIAv R. LEONE Brian Gnibb, City Planner City of Fort Collins P. O. Box 580 Fort Collins, CO 50522-0580 MYATT BRANDES & CAST ➢koiiSSJONAL CORPORATION ATTOR.\EYS A\'D COUt S£LORS A7 LAw CLOCKTOWER SQUARE 323 SOt,1Ti COLLEGE SURE; FORT CotJ.JCS, COLORADO 80574.2815 September 12, 2001 Re: (vast Ridge Annexation Dear Mr Grubb: TkLEFHccf (970)48248.6 f ArSINRF (970)A92.3039 & ruit. rgast@vcmrct.com This firm is general counsel for Tri-Trend, Inc. ("Tri-Trend"). Tri=Trend is the contract purchaser from Fort Collins Industrial & Technical Park Venture, LLC ("Fort Collins Industrial") of a parcel of land located at the southeast comer of Summit View Drive and East Vine Drive (the 'pruperty"). The property is part of the area (the "Area") proposed for annexation to the City of Fort Collins as reflected on the annexation map submitted to the City concurrently With this letter. Just north of the Area boundary are nN,o parcels of railroad right of way. The westerly parcel is owned by the Burling-lon Northern Railroad Company ("Burlington Northern"). The easterly parcel is owned by Great Western Rai! way of Colorado, L.L.C. ("Great Western"). Initially, it was expected that these two railroad right of way parcels would be included in the Area. We have had detailed discussions with both Burlington ?northern and Great Western about annexing- their parcels and having them sign the annexation petition. Both railroads have indicated they are unwilling rn sign the annexation petition unless numerous uneconomical and highly impractical conditions are met, including: An agreement that no crossings of the railroad right of way will be allowed. Construction, at the developer's cost, of substantial fencing and noise attenuation barriers between the railroad right of way and the East Ridge project. A release of the railroads from any liability from any attd all claims including, without limitation, those arising from diesel smoke, vibration and noise. This release would bind all future homeowners in the area. Oct 03 01 10:10a OCT-03-01 WED 09:42 All Gary Kounkel M T BRANDES GAST 970-667-8883 FAX NO. 482303r P.04/05 p.3 Brian Grubb September 12, 2001 Page 2 Given the mireasonahleness of these conditions, the railroad right of way parcels have been excluded from the Area being annexed and, accordingly, the annexation petition will not include the signatures of Burlington Northern and Great Western. It is my understanding, based on your June 28, 2001 letter to Gary Kounkcl, that the City will process the annexation request without requiring the inclusion of the railroad right of way parcels witNn the Area being annexed. If you have any questions or I can provide additional information, please let me know. Very truly yours, MYATT BRANDES & CAST PC By: ---- Richard S. Gast RSG:cch cgs: Jeff Strauss, Tri-Trend, Inc. Gary Kounkel, Big Horn Resources, Inc. Brad Saucerman, Jim Sell Design 1'vfCA:Prn 7.*P ItMrcN i 9.i`4,gyp! Oct 03 01 10:10a Gary Kounkel a OCT-03-01 UEDu 09 n i AM �� M - BRANDES GAS-1 Jun zu 01 o6:42e tiar9 Kounkol j"n-28-01 11:A4A 4a (.-icy of Fort Collin: rMrleUND 970-667-8883 P.2 FAX NO, 482303P P.05/05 ins -inuvv an.. R""` 97(1-667^HHH3 r.l P_01 community Planning and k4wironmental Services Current 1'{aanint .rune 20, 2001 Big Mom Recvraeas• Inc Attention: garY Kounktl Z7tlo Valley Oak Drive Lovelend. Colorado 80538 SENT VIA FACSIMILE AND US MAIL Subject Eastrtdge Annexation Map 6oundotles Dear Mr, Kounktl: The pwpose of this fetter is to foNow•Up on our meeting of June 27, 2001 1 spoke With the City Attorney and We agree that it the railroad is unwilling to cooperate, you should promed with your annexation reglxeel a% origina0y proposed; however, we request that you provide documentation that the ralroad is in fart ummnRing to slgn the annexation pulNion. We will need to start a11hc beginning of the annexation PMCe6s as we discussed in our rneetlrlg. If you nave any funnel Questions, please CtM me At 970 416.2138. Thank you for your cooperation in Ints matter. 5 tncerffly. Bnan Grubb, AICP C:ly Planner cc. Jim Se0 Desgn Attention. Brat 5aucermon 153 West Mountain Avenue Fort CoOxns, Colorado W574 J+7 N.vth r "•IM•x.p M.�...: . M 1 M.n Slxl . filn 1ldknq iO IYIr. 'U1511n • 1'ru) TJl-n%?n . FRx JUM) •+� �r_n Oct 03 01 10:10a Gary Kounkel 970-667-8883 a OCT-03-01 WED 09:41 AM M' BRANDES GAST FAX NO. 482303P MYATT BRANDES & GAST PROFESSIONAL CORPORATION CL OCKTOWER SQUARE 323 SOUTH COLLEGE AVENUE, SUITE 1 FOR' COLLINS, CO 90524-2845 TELEPHONE: (970) 482-4846 FAx: (970) 492-3038 FAX OVER TO: (970) 224-5222 ,aar-I4 Inkel (970) 667-8883 DATE.: October 3, 2001 11 TIME: 9:24 AM TOTAL NUMBER OF PAGES INCLUDING THIS PA(i1 f Please notify Carol at (970) 482-18461E ell pages arc not received. Re: East Ridge Annexation See attached correspondence. FROM: Richard S. Gast, Esq. CLIENT. Tn.Trend, Inc FILE NO.: 195-009 P. P. 01 /05 NOTE. THE INFORMATION CONTA INFD IN THIS fACS1M1LE MESSAGE IS ATTORNEY PRIV ILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THL USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE tS NOT'rHE INYFNDFn RF('1PIENT, OR TTTE EMPLOYEE OR AGENT RLSPONSIDLF. TO DF.I.IVER IT TO THE INTENDED RKIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINA TION, 0151RIRUTIUN OR COPYINCG OFTHISCOMMUNICArIONL%STRKn-NPROFIIBRFD IF YOU HAVE RbCFNFOTHIlCOMMINICATIONIN ERROR.?L�ASE 1MMWtATELY NOTIFY US BY TLI,EPHONE AND RETURN THt OKKANA1. MFSSAGP TO US AT 711P. ABOVE ADDRESS VIA THE U.S- YOSTALSERVICE.