HomeMy WebLinkAboutTHE GREEN SOLUTION - PDP/FDP - FDP150045 - CORRESPONDENCE - EASEMENTSUTAH | COLORADO | CALIFORNIA | NEVADA | WYOMING
June 9, 2016
Via U.S. Mail and E-Mail
FORT COLLINS CITY PLANNING DEPARTMENT
Attn: Ryan Mounce
281 North College Avenue
PO Box 580
Fort Collins, CO 80522
Email: RMounce@fcgov.com
Re: Easement Analysis for TGS College Avenue Subdivision
Dear Ryan:
As you may know, we represent TGS Management (“TGS”), who has applied to the city
of Fort Collins (the “City”) for the approval of a plat and a corresponding building permit (the
“Permit”). As a condition to issuing the Permit, the City has required, in part, the following of
TGS (the “Condition”):
(2) The Applicant/Owner shall demonstrate to the satisfaction of City Staff that a
minimum 24’ two-way drive aisle width as required by Section 3.2.2(L) of the
Code serves the proposed parking area on the northern portion of the Subject
Property, through either:
a. demonstration that the Owner and Owner’s successors and assigns have the
legal right to utilize 24’ to the north of the northern boundary line of the Subject
Property for right-of-way and access purposes through deeds, easements, licenses,
or similar legal instruments of record, as the same may be recorded in the real
property records of Larimer County, Colorado, and existing as of the date of this
written decision . . . .
Pursuant to the Condition, TGS provides this letter to the City to demonstrate that TGS is entitle
to a drive aisle that complies with the Condition’s requirements.
Please find enclosed with this letter the following two deeds which reserve easements
that establish a 24’ right of way as required. Also find enclosed an engineer’s rendering
prepared by Julie Rentz of the location of the two easements.
The Deed between Mabel L. Bainer, Homer Dee Wells, Joanne Wells, Virgil C. Bickel,
and Mae M. Bickel, on one hand, and Lloyd L. Bickell and Ella Maye Bickel, on the other,
recorded on the records of Larimer County, as Book 1371, Page 58, reserves a 15 foot easement
for the right of ingress and egress (the “Bainer Easement”). The deed between Walter Tell and
Antonia Tell, on one hand, and John R. Dayton, Donald B. Wells, and Elery Wilmarth, on the
other, recorded July 15, 1974, on the records of the Larimer County Recorder, as Book 1609,
Page 416, reserves a contiguous and adjacent easement to the Bainer Easement, which together
with the Bainer Easements is larger than the 24-foot requirement, for a “nonexclusive right of
way and easement for ingress and egress.” See the enclosed deeds and engineer’s rendering that
identifies the easements by their book and page information.
As provided in those deeds, TGS has a sufficient easement to meet the requirements set
forth in the Conditions.
If you have any questions or concerns related to this letter, please do not hesitate to
contact us.
Best regards,
Brady Brammer, Esq.
on behalf of
SPAULDING LAW, LLP
cc: TGS Management; Manhard Consulting Ltd.
enclosures
PROJ. MGR.:
DRAWN BY:
DATE:
SCALE:
OF
SHEET
PROJ. ASSOC.:
DATE REVISIONS DRAWN BY
TM
TGS COLLEGE AVENUE SUBDIVISION
CITY OF FORT COLLINS, COUNTY OF LARIMER, COLORADO
EASEMENT EXHIBIT