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HomeMy WebLinkAboutKING SOOPERS FUELING STATION (CEDARWOOD PLAZA) - PDP - 40-07 - CORRESPONDENCE - (24)Steve Olt Re: King Soopers Fueling Faci", at Taft Hill & Elizabeth; ocase #40-07 Page 3 A Amy DePasquale King Soopers Real Estate Department (303)778-3059 phone (303) 715-4546 fax amv.depasguale(3kingsoopers.com [attachment "engineering(afcgov.com 20080814.pdP'deleted by Amy Depasquale/REAUKING/KrogerCo] [attachment "ROW with administrative acceptance.doc" deleted by Amy Depasquale/REAUKING/KrogerCo] CC: Steve Olt Steve Olt - Re: King Soopers Fueling Faci", at Taft Hill & Elizabeth;Dcase #40-07. Page 2 08/14/2008 08:48 <Amv. Deoasa ualeankinas000ers.com> AM cc Subject Re: King Soopers Fueling Facility at Taft Hill & Elizabeth; case #40-07 Hello Amy, I have the following minor comments to offer on the ROW dedication legal exhibit A that was sent to me: 1. Spelling correction in first paragraph ... Larimer 2. Second paragraph bearing should be S00 32'00"E (not NE) to match the map exhibit. I believe the map is correct. 3. Line 5 of the legal should say a point on the EAST line (not West). Attached is a scan of my redline for clarification. I am also attaching our standard ROW deed template that is to be signed with your attorney certification included. You might want to have me glance over the completed deed as well before you have it signed just in case it needs to be revised in any way. You can email me the deed to look at if you like. Finally, you will need to provide me with a check made out to the Larimer County Clerk for document recording fees. The fees are $6.00 for the first page and $5.00 each additional page for the deed of dedication and the legal exhibit A & map. Please call me at 970-416-2292 if you have any questions. Thank you, Randy >>><Amv.Deoasauale(@kinas000ers.com> 8/13/2008 10:25 AM >>> Mr. Olt, As a follow up to the recent conditional approval of the above referenced fueling facility, I am contacting you about our right of way deed dedication documentation. This documentation was part of our submittal by Galloway and I wanted to see if the city has any comments on that documentation so that we can proceed to get it signed. Please let me know the status or we can discuss this at your convenience. Thank you, Steve Olt - Re: King Soopers Fueling Fac ' at Taft Hill & Elizabeth; ❑case #40-07 Page 1 i From: Randy Maizland To: Amy.Depasquale@kingsoopers.com Date: 8/14/2008 3:04:48 PM Subject: Re: King Soopers Fueling Facility at Taft Hill & Elizabeth; case #40-07 Hello Amy, I just read through the document and I am confident the City attorney would not want the City to sign this deed. In previous discussions with the City attorney it was decided that certain language would be inserted into the development agreement to address this interim use of the ROW. The City would allow the proposed construction as an interim encroachment into the ROW until such time the City funds a project to widen Taft Hill Rd and/or Elizabeth. The City would only need to give reasonable notice to the property owner prior to construction. The Site would need to be disigned such that it could still function without use of the ROW. I'll go ahead and run this by our attorney first anyway and reply to you shortly. To my knowledge we have never signed an easement agreement such as this. Respectfully, Randy Maizland >>> <Amy.Depasquale@kingsoopers.com> 8/14/2008 10:46 AM >>> Mr. Maizland/Mr. Olt, As a part of our submittal with the city, Galloway included the attached revised Deed of Dedication. This revision reserves an easement to King Soopers to allow us to build our curb into the right of way which we are giving the city. This had been agreed to through the process with the city and we are at this point trying to document that provision. Our attorney has revised the Deed of Dedication language specific to this project and now the new language needs to be reviewed by the city attorney to make sure that we are all in agreement on the wording. Can you please pass this along for review, letting the attorney know of our agreement regarding building in the right of way until the city requires it for road expansion? I would be happy to discuss this at your convenience if there are any questions. Thank you, Amy DePasquale King Soopers Real Estate Department (303) 778-3059 phone (303) 715-4546 fax amv.depasguale(a)kingsoopers.com (See attached file: Deed of Dedication for Easement (approved with exhibits).pdf) "Randy Maizland" <raizland@fcgov. com> To "Steve Olt" <SOLT(d,)fcgov.com>,