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HomeMy WebLinkAboutTHE MARKET PLACE PUD - FINAL - 21-89A - CORRESPONDENCE - LEGAL COMMUNICATIONCi Citv of Fort Collins DATE: July 3, 1989 r, 77,. 5 1989 ' !i M E M O R A N D U M ✓ �I TO: Mike Herzig, Assistant City Engineer/Projects FROM: W. Paul Eckman, Deputy City Attorney RE: Market Place P.U.D. Attached are copies of letters from Lance P. Vanzant, Esq., regarding the attorney certification for the Market Place P.U.D. These letters are the original ones, and after you have had an opportunity to examine them, I would recommend that you file these letters with the City Clerk. I would also recommend, if you have not already done so, that you immediately record the plat of the Market Place P.U.D. WPE:whm Attachments cc: Wanda Krajicek, City Clerk 300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • t303) 221-0520 0 • NOBEL AND VANZANT, P.C. asuatG � �us 621 SEVENTEENTH STREET. SUITE 2135 DENVER. COLORADO 80293 JEFFREY M. NOBEL LANCE P. VANZANT June 28, 1989 VIA TELEFAX Mr. Paul Eckman Office of the City Attorney Fort Collins, CO Re: Troutman Parkway/Market Place PUD Dear Mr. Eckman: TELEPHONE: 0303) 293-8590 TELEcoplER:4303) 2_93-8608 F- U L 1989 Further to my letter of June 26, 1989, I have been advised that Century Bank & Trust (formerly Rocky Mountain Bank and Trust Company) has been added as a signatory on the plat of The Market Place PUD. On the basis of information provided to me by Trans- america Title Insurance Company which is current as of June 24, 1989, the plat now contains the signatures of the beneficiaries of all deeds of trust which affect the platted property; conse- quently, all owners and proprietors of record of the platted property, as construed in Colo. Rev. Stat. § 31-23-111(1973) are now shown on the plat. Sincerely, Lance P. Vanzant LPV/eam NOBEL AND VANZANT, P.C. 621 SEVENTEENTH STREET. SUITE 2135 DENVER, COLOR ADO 802.93 JEFFREY M. NOBEL LANCE P. VANZANT June 26, 1989 VIA TELEFAX Mr. Paul Eckman Office of the City Attorney Fort Collins, CO Re: Troutman Parkway/Market Place PUD Dear Mr. Eckman: TELEPHONE. 4303) 293-8590 TELECOPIER: 4303) 293-8608 RECEIVED JUL 0 3 1989 CITY ATTORNEY As you know, I recently signed the attorney certification set forth on the plat of The Market Place PUD which is currently under consideration by the Fort Collins Planning and Zoning Board. In addition to the parties indicated as owners of the property subject to the plat, the plat contains the signatures of the beneficiaries of three recorded deeds of trust. On the basis of information provided to me by Transamerica Title Insurance Com- pany, those three deeds of trust are the only encumbrances of record which affect that portion of the platted property which is to be dedicated to the City of Fort Collins as a part of Troutman Parkway, although there exist other encumbrances which affect portions of the property which are not part of the dedication. Consequently, all persons holding a legal or beneficial interest in the dedicated Troutman Parkway right-of-way have consented to that dedication. Please call me if you have any questions regarding this matter. Sincerely, Yam) eL' P, Lance P. Vanzant LPV/eam The plat is approved upon condition that, prior to the issu- ance of any building permit for construction of improvements upon the platted property, the developer shall provide to the City satisfactory evidence that any lien or encumbrance holders with any beneficial interest in any portion of the platted property and who have not signed the plat or otherwise duly and lawfully consented to the development of the property in accordance with the plat and other development documents, have first released and surrendered any such beneficial interest or interests.