HomeMy WebLinkAboutEAST RIDGE (RYLAND) ANNEXATION & ZONING - 33-98 - LEGAL DOCS - LEGAL COMMUNICATION (3)Brian Grubb
September 12, 2001
Page 2
Given the unreasonableness 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 Kounkel, that the City will process the annexation request without
requiring the inclusion of the railroad right of way parcels within the Area being annexed.
If you have any questions or I can provide additional information, please let me know.
Very truly yours,
MYATT BRANDES & GAST PC
By:
Richard S. Gast
RSG:cch
ccs: Jeff Strauss, Tri-Trend, Inc.
Gary Kounkel, Big Horn Resources, Inc.
Brad Saucerman, Jim Sell Design
FdWPC\MG\Tri-Tr=&VINEPAO%Grubb Ltr 9.12-01.wpd
RAMSEY D. MYATT
ROBT. W. BRANDES, JR.
RICHARD S. GAST
JEFFREY J. JOHNSON
DANIEL C. MUFFLY
BRIAN R. LEONE
Brian Grubb, City Planner
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522-0580
MYATT BRANDES & GAST
PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS AT LAW
CLOCKTOWER SQUARE
323 SOUTH COLLEGE AVENUE, SUITE 1
FORT COLLINS, COLORADO 80524-2845
September 12, 2001
Re: East Ridge Annexation
Dear Mr. Grubb:
TELEPHONE (970)482-4846
FACSIMILE (970) 482-3038
E-mail: rgast@verinet.com
This fine 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 corner of Summit View Drive and East Vine Drive (the
"Property").
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 two parcels of railroad right of way. The westerly parcel is owned
by the Burlington Northern Railroad Company ("Burlington Northern"). The easterly parcel is
owned by Great Western Railway 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 to 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 and all claims including,
without limitation, those arising from diesel smoke, vibration and noise. This release
would bind all future homeowners in the area.