HomeMy WebLinkAboutMILAN P.U.D. - PRELIMINARY / FINAL - 11-95 - CORRESPONDENCE - ACCESS, UTILITY, DRAINAGE EASEMENTSTEWART&ASSOCIATES
Consulting Engineers and Surveyors
June 27, 1995
Mr. Paul Eckman
Attorney at Law
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Dear Paul:
This is to certify to you that I researched the ownership of the parcels of land that are
contiguous to Milan P.U.D. Minor Subdivision, City of Fort Collins, State of Colorado in the
Larimer County Assessor's records. I found, as of this date, that the parcel of land adjacent to the
South line of Milan P.U.D., which is Parcel Number 970133-00-010, is owned by Dimmer's Brew -
Pub, Inc., and the parcel adjacent to the East line of the South 20.00 feet of the Milan P.U.D.,
which is Parcel Number 97013-00-023, is also owned by Dimmer's Brew -Pub, Inc.
If you have any questions regarding this matter, please call me. I trust that the site plan
will be recorded tomorrow as you and Mike Ludwig discussed. Thank you and Mike for your
assistance.
Sincerely, 116 KMi
d"
Richard A. Rutherford, P.E. & L.S. 5 0 2 8
President
rsc
cc: Randy and Debbie Milan
James H. Stewart
and Associates, Inc.
103 S. Meldrum Street
P.O. Box 429
Ft. Collins, CO 80522
303/482-9331
Fax 303/482-9382
City A. .ney
City of Fort Collins
MEMORANDUM
TO: Mike Ludwig, City Planner //��
FROM: W. Paul Eckman, Deputy City Attom y/k
DATE: June 27, 1995
RE: Milan P.U.D. Access Easement
Attached you will find a letter from Dick Rutherford certifying that Dimmer's Brew -Pub, Inc. is the
owner of the land lying to the east of the public access easement dedicated on the Milan P.U.D. plat.
As you recall, by deed recorded in Book 1003, Page 19 of the Larimer County, Colorado records,
a non-exclusive easement for right-of-way purposes was established on that 20 foot strip for joint
use by both the property to the north of the strip and to the south of the strip. North of the strip lies
the Milan P.U.D. South of the strip lies the Dimmer Brew -Pub. The Board was concerned about
the ownership of the access easement and was particularly concerned that access be made available
to the Dimmer Brew -Pub to the south because, as I understand it, of the shared parking situation.
Now that we know that the easement dedicated jointly between the two property owners by deed
recorded in Book 1003, Page 19 is both non-exclusive and for a roadway, I do not believe it is
necessary to worry about whether the dedicated easement on the plat is sufficient for access to and
from the Dimmer Brew -Pub and Milan P.U.D. The remaining concern was whether the access way
was sufficient to provide access to the property to the east and, since Dimmer's Brew -Pub, Inc. also
owns the land to the east of the easement, that concern is favorably resolved by Mr. Rutherford's
certification. For that reason, I believe that that condition has been met and that the development
may proceed.
WPE:med
Attachment
300 LaPorte Avenue 9 P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520