HomeMy WebLinkAboutHARMONY VILLAGE PUD REPLAT NO 4 - 65-93H - LEGAL DOCS -Mr. Ted Shepard, Chief Planner
Current Planning
City of Fort Collins
July 24, 2003
Page 3
copy at 602-274-1199. Thanks very much for your confirmation of these facts and your
assistance.
Very truly yo rs,
Michael N. Widener
For COL Harmony & Timberline, L.L.C.
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Itr Ted Shepaid 07-23-03.doc
Enclosure
Acknowledged and Confirmed'.
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Mr. Ted Shepard�,Chiefvhanner
Current Planning
City of Fort Collins
Post Office Box 580
Fort Collins, Colorado 80522
Mr. Ted Shepard, Chief Planner
Current Planning
City of Fort Collins
July 24, 2003
Page 2
(b) -Site and Landscape Covenants Dated April 19, 1999. This agreement is
obsolete, and the City no longer uses this form of agreement, because the City can —and
does —use the power of enforcement under the City's Land Use Code to prevent
deterioration of the landscaping and common areas. The City will not use this agreement to
enforce maintenance of the shopping center, but will cite violations of the City Land Use
Code instead.
(c) Final Site Plan Dated April 18, 1999. This plan has been fully superceded, as
it applies to Lot 2B of the Replat, by a new site plan contained among the documents
accompanying Plat H-114 in vault 2360.
(d) Final Subdivision Plat Dated April 22, 1999. This plat is fully superceded, as
it applies to Lot 213, by the Replat.
(e) Final Landscape Plan Dated April18, 1999. This plan has been fully
superceded, as it applies to Lot 2B of the Replat, by a new landscape plan contained
among the documents accompanying Plat H-114.
(f) Architectural Elevations. These elevations have been fully superceded, as it
applies to Lot 2B of the Replat, by new elevations contained among the documents
accompanying Plat H-114.
In summary, there are no surviving obligations of the Developer, or its successors in
interest, referenced in the 1999 Memorandum (under documents (a) through (f) above) that
would be the subject of any enforcement action by the City of. Fort Collins under those
documents. Indeed, the City's Land Use Code, at Section 2.2.11(D)(7), provides this:
In the event that a new final plan is approved for a parcel of property
which includes only a portion of a previously approved site specific
development plan, the approval of such new final plan shall be deemed to
constitute the abandonment of such portion of the previously approved plan
as is covered by such new plan.
In other words, as a matter of City of Fort Collins regulations, there is nothing left of
the 1999 Memorandum -specified documents to bind or encumber Lot 2B of the Replat;
those documents are abandoned with respect to Lot 2B because of the recent approval of
the Major Amendment to Harmony Village P.U.D. by the City.
To evidence your confirmation of the foregoing facts and City policies, please
execute the enclosed copy of this letter where set forth below, and please fax me the signed
DNNETT, FAIRBOURN,
FRIEDMAN & BALINT, PC
VIA E-MAIL tshepard(a)_fcaov.com
Mr. Ted Shepard, Chief Planner
Current Planning
City of Fort Collins
Post Office. Box 580
Fort Collins, Colorado 80522
JERRY C. BONNETT
FRANCIS J. BALINT, JR.
ROBERT J. SPURLOCK
TARA L. JACKSON
ANDREW 0. EVERROAD
EDWARD O. COMITZ
KATHRYN A. JANN
JONATHAN S. WALLACK
RICHARD X HERRERA
TIMOTHY J. RYAN
July 24, 2003
WILLIAM G. FAIRBOURN
VAN BUNCH
C. KEVIN DYKSTRA
WENDY J. HARRISON
BARBARA A. BAGDON
WILLIAM C. WRIGHT'
MICHAEL F. BEETHE
GUY A. HANSON
REDFIELD T. BAUM JR.
KIMBERLY C. PAGES
ANDREW S. FRIEDMAN
MICHAEL N. WIDENER
ELAINE A, RYAN
SCOTT A, ERICKSON
ALLISON K SHULMAN
CRAIG Y. IHA2
PATRICIA N. HURD
BRANDON A. NEWTON
ERIC L COOK
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Re: Plat H-114, Vault No. 2360, Engineering Technical Services Department
Records, and HARMONY VILLAGE P.U.D. REPLAT NO. 4, FORT COLLINS,
per the County Clerk and Recorder's Records of Larimer County, Colorado
bearing Reception No. 2003-0092761 ("Replat")
Dear Mr. Shepard:
Thank you for speaking to me (on behalf of COL Harmony & Timberline, L.L.C.) this
afternoon regarding the referenced records. As we discussed the instrument recorded in
the office of the Larimer County Recorder at Reception No. 99037002 on April 30, 1999,
styled "Memorandum of Agreement and Notice," effectively has been negated by the
instruments contained in the referenced records.
The recorded Memorandum refers to six items documented by the City and Dial —
Fort Collins, L.L.C., known in 1999 as the Developer in the Memorandum. The items are
these:
(a) Development Agreement Dated April 23, 1999. This agreement is no longer
"live," in the sense that it pertained exclusively to public improvements (e.g., street
widening, traffic light) that have been completed in connection with the first development
phase of the shopping center; while portions of the shopping center interior are incomplete,
there are no public improvements within the boundaries of the center. Therefore, there are
no outstanding obligations of the Developer or its successors in interest to the City
remaining under this agreement.
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