HomeMy WebLinkAboutPEDERSEN AUTO PLAZA - Filed GC-GENERAL CORRESPONDENCE - 2005-05-12WYATT AND MARTELL LLc
ATTORNEYS AT LAW
HILI. WYATT 222 WEST MAGNOLIA STREET TELEPHONE(970) 484-1112
.LAMES A MARTELL FAX (970)484-1170
L ALLEN WEAVER FORT COLLINS, COLORADO 80521-2899
TODD W.ROGERS
May 19, 1998
Ms. Sheri Wamhoff
City of Fort Collins Engineering Department
281 North College Avenue
Fort Collins, CO 80524
VIA FAX - 221-6378 AND REGULAR MAIL
RE: PEDERSEN AUTO PLAZA
Dear Sheri:
As I advised you in my letter of May 14, 1998, I sent the
draft of the Development Agreement for Pedersen Auto Plaza to
Dana Lockwood, the architect and land planner, and Gerry
Pedersen, the owner. I have received comments for your
consideration.
Obviously, the agreement contains numerous items that do not
apply to this development. I interpret their exclusions by the
use of Exhibits "A" and "B" that state certain things are not
applicable. Do you intend to rely on these exhibits for
exclusions or would you prefer that we go through the agreement
and exclude the nonapplicable areas? we are satisfied to use the
exclusions as set forth in the exhibits.
In reference to paragraph II.C.4., you state in the last
sentence that there shall be a bi-annual maintenance of the water
quality devices. The engineering drawings provide for a "minimum
frequency of once a year." Because of the anticipated use of the
water quality structures, it is felt that once a year will be
quite adequate.
In reference to paragraph II.D.3., concerning the public
access easement along the south boundary of the development
property, I would suggest that the paragraph be rewritten to
reflect the agreement with the City as follows:
As shown on the plat of Pedersen Auto Plaza Subdivision,
adjacent to the south boundary is a pedestrian public access
easement from Mason Street to the west. This easement is
provided and is to be used by the public specifically for,
and when, the Burlington Northern Railroad Transportation
Corridor Plan ("the Railroad Corridor") is implemented.
Ms. Sheri Wamhoff
Page 2
May 19, 1998
Until the Railroad Corridor is implemented, the developer
has a license to use the easement in the normal course of
approved business for Pedersen Auto Plaza Subdivision.
Again, thank you for promptly getting the draft to me for
our review.
gss
pc: Mr. Gerald Pedersen (via FAX)
Mr. Dana Lockwood (via FAX)