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HomeMy WebLinkAboutRIGDEN FARM, 1ST FILING, SEVEN OAKS ACADEMY - PDP - 56-98W - CORRESPONDENCE - EASEMENTSTroy Jones - Fwd: Seven Oaks Deed of f 'nation _ Pagel From: Marc Virata To: Troy Jones Date: 12/19/03 8:13AM Subject: Fwd: Seven Oaks Deed of Dedication Troy, I sent this message out yesterday regarding Rigden Farm Seven Oaks after talking with Paul. This project may be on hold for a little longer than previously thought. >>> Marc Virata 12/18/03 05:01 PM >>> Good Afternoon Gentlemen, This afternoon, Larry Neal had presented to me certain deeds of dedication from Seven Oaks Academy of Loveland, Inc, to the City of Fort Collins. In quickly glancing at the document, I had indicated to Larry that the format of the easement(s) did not match our standard format, which was emailed on 11/21/03 and that the document would need to be reviewed by our City Attorney. The City Attorney has expressed concern with regards to the deed and the attorney certification. The deed of dedication has a statement that, "The City shall not improve the physical condition of said easements beyond their present physical condition." This statement is of concern with the City, mainly with the view that the language is vague. Could it be argued that the City, by repairing a pipe within an easement, is improving the condition beyond the present physical condition (when there is no utility in place to begin with?) This language should be stricken from the deed. The City Attorney also has taken issue with the attorney certification and does not find it acceptable with the exemptions listed in the certification. The attorney certification associated with the deed will need to be resigned without the exemptions in the format as previously emailed. In lieu of an attorney certification acceptable to the City, title insurance is acceptable (as outlined in 2.2.3(C)(3)(i) of the City's Land Use Code). Bear in mind that title insurance in lieu of an attorney certification will require additional City staff processing time and will also likely require review by our Real Estate Services Division, who effective January 1, 2004, will begin assessing fees for their services which we will be required to pass onto developers for any development related activities such as this situation. I'd suggest further examination of 2.2.3(C)(3)(a) through (i) for options with regards to completion of the processing of these deeds. In the interim, the utility plan drawings will not be released for final signature until the deeds are fully acceptable by the City. Please let me know of any questions or concerns. Thanks, Marc P. Virata Civil Engineer City of Fort Collins - Engineering Department Phone: (970) 221-6605 Fax: (970) 221-6378 mvirata@fcgov.com