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HomeMy WebLinkAboutCREEKSIDE AT THE LANDINGS - Filed GC-GENERAL CORRESPONDENCE - 2003-07-31Fairfield Homes Play 12, 1.989 Mr. Dave Stringer Storm Drainage City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80522-0580 RE: Creekside at the Landinns*_f P.U.D., Fourth Filine Lots 24, 26, 27 Dear Mr. Stringer: Fairfield Homes Fred Ahiert ConstrUCTion Manager 'c18 SOUT'.-I DEERA.ME CIRCLE _^KE'tN OCD, COLORADO K225 03-980-54a7 Fairfield Companies, Inc. hereby provides that the following steps will be taken to insure adequate erosion control is acheived on each of the lots listed above: I) As a temporary measure utilized during construction of the units, bales of straw will be placed immediately following the completion of foundation backfill in the proper areas. J. 2) Permanent erosion controls will be installed following the completion of land development (anticipated comple- tion time: 5 weeks). Silt fences will be installed per development plans on file with the city. If you have any further questions regardinq this matter, please contact me at your earliest convenience: office- 980-5447; mobile- 877-9334. Sincer y, Fred Ahlert Construction Hanager -618 SOU`H DEFRAME CRCLE AKEWOOD. COLORADO 80228 03-980-5447 cc ; T?A" 0 sati RECEIVED MAPCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW AUG 21 1989 ARTHUR E. MARCH, JR. 110 EAST OAK STREET ARTHUR E. MARCH RAMSEY D. MYATT 9 I R O B E R T W. BRANDIES, J R. FORT COLLINS, COLORADO 80524-288 RICHARD S. GAST (303) 482-4322 1'CITY ATTOP14ING ADDRESS: LUCIA A. LILEY TELECOPIER (303) 482-2962 P.O. BOX 469 J. BRADFORD MARCH FORT COLLINS, CO 80522 LINDA S. MILLER August 18, 1989 LS _. Mr. Paul Eckman Deputy City Attorney 300 LaPorte Fort Collins, Colorado 80521 RE: Creekside at the Landings P.U.D. Dear Paul: Fairfiel.d's paving contractor has given notice that he is nearing completion of all of the paving work for Creekside except the emergency access cul-de-sac and will then be leaving to take another job. If this were to happen, the costs of hiring another contractor on later for just the cul-de-sac work would be much greater. Fairfield is still prepared to put in the original cul-de-sac. As I discussed with you over the telephone, Fairfield is also willing to put in the alternative cul-de-sac if the City approves this cul-de-saw as an administrative change - either with or without Mr. Daugaard's signature. Although Mr. Daugaard may still object to the alternative cul-de-sac, the fact remains that his security interest in four potential dwelling units is preserved, along with the necessary parking spaces and emergency access. From Fairfield's position, using the alternative cul-de-sac will require renegotiating the agreement with the Harmony Cove Homeowners Association and some additional design fees. Fairfield is willing to agree to this if the decision is made no later than August 31st, which will allow the present paving contractor to put in the cul-de-sac now as part of the original contract work (this will take approximately one week). Mr. W. Paul Eckman Re: Creekside August 18, 1989 Page 2 Please let me know as soon as possible which direction you want Fairfield to take. Sincerely, MARrN k MVATT D r M LAL/lam cc: Mr. Ken Slyziuk Mr. Frank Vaught creekside/8/18 dl/lal MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW ���� ARTHUR E. MARCH, JR. 110 EAST OAK STREET IE MARCH RAMSEY D. MYATT 1909 1981 RO B E RT W, BRANDIES, J R. FORT COLLINS, COLORADO B0824-2680 RICHARD S. GAST (303) 482-4322 AUG 2 OA1989 ADDRESS: LUCIA A. LILEY TELECOPIER (303) 482-2962 P.O. BOX 469 J. BRADFORD MARCH FORT COLLINS, CO 80522 LINDA S. MILLER _ August 25, 1989 CITY ATTO NEEY S Mr. Steven Smith Smith and Schapanski 619 South College Fort Collins, Colorado 80524 RE: Creekside at the Landings P.U.D. Dear Mr. Smith: Paul Eckman has advised me that you represent Mr. Wayne Daugaard in connection with his lienhold interest in certain property located in the Harmony Cove P.U.D. Our office represents Fairfield Companies ("Fairfield"), the developer of the Creekside at the Landings P.U.D. ("Creekside"), who has received approval from the City of an administrative change to Creekside to build a cul-de-sac on the Harmony Cove property in order to provide emergency access to the Harmony Cove development. In case you have not received all of the relevant correspondence on this matter, I am enclosing copies of the same for your review. Fairfield, caught up in a situation not of its making, has nonetheless tried very hard over the last month to work out a compromise solution which would generally, though not perfectly, preserve each party's primary interest. We thought the proposed redesign of the cul-de-sac accomplished this. It provides adequate emergency access to Harmony Cove, it is not substantially greater in cost to design and construct and it provides for the development of four housing units with adequate parking on the property on which Mr. Daugaard has a lien. However, I understand from Paul that Mr. Daugaard will not agree to an administrative change to approve such redesign. Please be advised that Fairfield has only until August 315� to make a decision on the emergency access. Unless we hear from Mr.. Daugaard or Lho City by that date thaL we should proceed to finalize, get approval for and construct the redesign, Fairfield will at that time either proceed to construct the approved cul-de-sac or seek a declaratory judgment with regard thereto. In either event, the parties will most certainly end up incurring substantial costs in litigation. Mr. Steven Smith HE: Creekside at the Landings August 25, 1989 Page 2 if you have questions, please advise. Sincerely, MAPrP Z MYATT P _ C` _ By: LAL/lam Enclosures cc: Mr. Ken Slyziuk Mr. Paul Eckman, Esquire creekside/letter dl/lal/l FoAre t9Mcnaging cnd Lecsirg Property for MCr'lceii?en, 4� c° <eslcent'c!, Ccmmercic! Shcpc,ng Centers -:nd '�emecwne,s Associctiens October 10, 1989 Mr. Glen Schlueter - ' City of Ft. Collins, Storm Water & Utility / P.O. Box 580 Ft. Collins, Co. 80522_- fr , Re: Fairfield Development - Creekside,.,, Dear P'lr. Schlueter, I an, writing on behalf of the Harmony Cove Homeowners Association located at 4255 Westshore Way. Fairfield is presently developing a new community, Creekside, which borders Harmony Cove on the north and west sides. The Board of Directors for Harmony Cove have reviewed the drainage plan for Creekside and have expressed some concerns regarding possible water problems at Harmony Cove in the future. The Board is especially concerned about the west side of Harmony Cove as the ground level is several feet above the Harmony Cove ground level on that side. Although the plans appear to allow for adequate drainage, the Board requests that the City of Ft. Collins inspect the site for proper grading prior to "final" acceptance. We thank you in advance for your understanding and consideration in this matter. If you have any questions or would like to discuss this further, please give me a call. Sincerely, r J.L. Homan,wners Division cc: Board of Directors Fairfield. Company, Inc. 706 South College Fort Collins, Colcrado 80524 (303) 224-9204 ARTHUR E. MARCH, JR. RAMSEY O. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER DARRELL V. GOODMAN MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2860 (303) 482-4322 TELECOPIER 1303) 482-2962 March 8, 1990 Mr. W. Paul :Eckman Assistant City Attorney City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado 80521 ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522 RE: Creekside at The Landings, P.U.D. ("Creekside") Our File No. 8191.1 Dear Paul: The purpose of this letter is to summarize the agreement reached March 6, 1990 between the City and Fairfield Companies, Inc. ("Fairfield") regarding the provision of emergency vehicle access as the same relates to the above -referenced development. 49 J �q bot 46 The Administrative Change approved in March of 19to Harmony CO Cove, The Landings, Fourth Filing, approving a cul-de-sac fort3o D, emergency vehicle access on such property, will be voided by the�cl k,r4) City upon execution of an agreement between Fairfield and the City providing for such access between Lots 18 and 19 of Creekside, the�,p.� Q terms of such agreement to be generally those set forth on SvvNti�� Attachment 11A.11 W Fairfield will immediately provide the City with a request for vacation of those easements which were intended to be vacated at the time of approval of Creekside as well as an executed dedication deed for the new emergency vehicle access between Lots 18 and 19 of Creekside. We would hope that the easement vacations could be put on the Planning and Zoning Board agenda for March 26th and the dedication deed on the April 3rd Council agenda, so that construction of the access can begin as soon thereafter as the weather permits. Fairfield does not intend to change any lot lines or building envelopes on Creekside, but understands that if such changes are made, an Administrative Change to Creekside will be required. Mr. W. Paul Eckman Re: Creekside March 8, 1990 Page 2 If you have any problem with the general terms of the proposed agreement on Attachment "A" or the process described above, please let me know immediately. Otherwise, I will prepare the agreement, the vacation request and the dedication deed. Thank you for your cooperation :in getting this matter resolved as soon as possible. Sincerely, MARCH & MYATT. P.C. LAL/lam Enclosure: ;Agreement cc: Mr. Ken Slyziuk Mr. Mike Herzig Mr. Warren Jones Mr. Ted Shepherd Mr. DontParsons Mr. Frank Vaught ATTACHMENT "A" General Terms of Proposed Agreement Between Fairfield and City 1. City will vacate easements intended to be vacated by Creekside plat upon submission of vacation request by Fairfield. 2. Fairfield will dedicate new emergency vehicle access easement between Lots 18 and 19 of Creekside. The easement width will be approximately 14 feet (with exact easement width to be determined in the proposed agreement based upon vehicle clearance needs and landscaping placement). 3. Fairfield will improve the access easement with a hard surface 12 feet in width which will be delineated by shrubbery and/or split rail fencing. Fairfield will install an appropriately sized pipe across the pond. -- NEry R e,u,o. AO. t-Nwr46K PF•M VKyGH% - PR.tiG Rs 7b HOO -ft+t.s (,ill," 96 kcGohrilio , 4. The sideyard for Lots 18 and 19 will be measured from the centerline of the easement. 5. Maintenance of the access and any amenities in the easement will be the responsibility of the homeowner's association to which Creekside belongs. A specific proposal for treatment of the entire sideyard will be submitted. 6. The hard surface of the access easement may be colored concrete and/or textured concrete provided that the color sufficiently contrasts with the landscaping treatment of the adjacent property. 7. The entrance to the access easement from the Creekside cul- de-sac will be demarcated by painting of the curb and appro- priate signage. A gate or some equivalent type of acceptable barrier (with exact location and design to be described in the proposed agreement) will be erected near the entrance. PARSONS & a}r�— ASSOCIATES CONSULTING ENGINEERS May 8, 1990 Mr. Glen Schlueter Storm Water Utility City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 REncs Emergency Access Drive Dear Glen: In order to provide emergency access to Harmony Cove Townhomes, a concrete drive is proposed to connect this development to Creekside Court. This drive will be reserved for emergency ve'-.icles only and will cross the concrete lined drainage channel located within Tract A of Creekside At The Landings. This letter documents the results of a hydraulic analysis performed to facilitate design of this channel crossing. Please reference the attached plan entitled "Emergency Access Drive, Creekside At The Landings", the drainage report entitled "Final Storm Drainage Report for Creekside At The Landings", and the drainage report entitled "Final Drainage Report For Creekside Estates P.U.D. as revised August 10, 1989". The Creekside Estates report indicates that the quantity of runoff in the affected channel, during the 100 year frequency storm, is 48.1 cfs at the culvert crossing under Westshore Way. Working upstream from this point we will calculate the 100 year flow at our proposed crossing location. 1. Qioo at Westshore Way 2. Reduce flow by the Qioo from the contributing area downstream of the proposed crossing (see design point I3c . 3 i_: the Creekside At The Landings repor 0 3. The affected channel along with two small concrete lined ponds provides a rec -rcu'.atirig water feature for the development. We will add this fi-ow of 550 gal/min. 48.1 cfs --22.0 cfs 1. 2 c f s 432 Link Lane Plaza - Ft. Collins, Colorado 80524 [3031 221-2400 Page 2 4. Harmony Reservoir is filled twice a year from a 24" headgate on the Larimer Canal No. 2. This flow is conveyed through the affected channel. In the event that Harmony Reservoir is being filled during a 100 year frequency storm, we will add this flow. 27.3 cfs 100 Year Flow at Proposed Crossing 54.6 cfs As is shown on the plan, we are proposing the installation of two 12" diameter reinforced concrete culvert pipes to convey the recirculating flows and minor storm runoff. Major storms and canal water to fill Harmony Reservoir will flow over the access road when the culverts reach capacity. We are proposing the two 12" culverts in lieu of one 15" culvert to gain the required headroom needed for this design. For this reason, we hereby request a variance from the 15" minimum size required by your department. The short lengths of these culverts (27 feet) and having two culverts rather than one should minimize the potential for maintenance problems. We have calculated the flow carrying capacity of our proposed channel crossing (see attached) and the results follow: 1. Flow through the two 12" dia. culverts 6.4 cfs 2. Flow over the access drive within the drainage easement 66.5 cfs Total Capacity 72.9 cfs These calculations indicate that the channel crossing will convey 72.9 cfs with a depth of less than nine inches (9"), which exceeds the required 54.6 cfs above. Therefore, this design should have no adverse impact on the surrounding area. Sincerely youi2s, arsons, PE WGD/cd enclosures 00 Cl) V) O 00 O 0 Q O O v 0 z a w O J w 7) z a z Q r z Q m M V Cl) LJ a. x CZ J W 0 W x Q May 220 1989 Hr. Mike Herzig, Development Engineer D � � � O W ff ,o Fort Col?ins Planning Department N P.O. Box 580 230 Fort Collins, CO 80522-0580 co Dear Mike: r....�.... I have been asked to comment on a curve design/speed situation at Creekside in the Landings in Fort Collins. CD Z w Z z w Cr z 0 Q Cr 0 V) z a • U Q F_ It has been proposed that South Shore Court (a cul-de- sac) intersect with West Shore Way. West Shore Way is a local street with a 25 mph curve. In a previously approved plan, a lot on the corner of West Shore Way and South Shore Court would have caused insufficient stopping sight distance at the 25 mph speed. The developer has proposed to restrict building in the site line at this intersection, but will create another lot in the cul-de-sac. In order to create this lot, a 100 foot radius horizontal curve is necessary on South Shore Court. H curve with a 100 foot radius has a design speed of 20 mph which is less than the city standard for a local street. Improvement of the sight distance problem on West Shore Way can be accomplished with the 100 foot radius curve on South Shore Way. West Shore Way is the higher level local street when compared to the cul-de-sac (South Shore Court). The number of vehicles on !,Jest Shore Way will undoubtedly be higher than on South Shore Court. By creating the 100 foot radius curve, a substandard design on a lower volume street is being traded for a remedy of a substandard design on a higher volume street. Of the two substandard designs, the one on South Shore Court can be signed with a 20 mph advisory speed sign, while the West Shore Way substandard design cannot be adequately remedied with the existing building configuration. It is my recommendation to have the substandard design on the cul-de-sac (South Shore Court) rather than West Shore Way. If you have any questions, do not hesitate to contact me. Thank you. fit ,f ._ . . Sincerely, Matthew J. Delich, P.E. PARSONS & c �Jk 1 ��r C QM17' na r JOB NO. 8ay.2C S(r`1 OCR Irk ASSOCIATES PROJECT —�� I CALCULATIONS FOR 7 Ac-Er S L=� CONSULTING ENGINEERS �y MADE BYDATE � CHECKED BY - DATE SHEET OF Ft. Collins, Colorado 80524 I� Q T"H T- ck Z4 � ` H E7A1�> � A T--- o ti L#c ► r►r1 BIZ C Pc ry } L jJ0• Z "T� -FILL. �hTZMON`7 TZLS�iZvO)Z US F-- CDT,- I F I C E F—:::- GQ U T1 O KJ w 1-I ETzC-- stk 1=7 h = Z.8 F i C3.14 AJ 2(3z)(z-e0 Q = 2-�,3 C FS "f Sc -u-T-1 c Q oT M A\ Q N ry L� S 3) CA-P fR C I i 1 of O V G—� T--L.o C-3 rL:7- zG. I n�.o•= 0.'733 / Z Sl Ch, -Z Tcds Cos /z L = I3,71 0 �"A(= C.VI_VEi`Ts ECG v fiT1 A cc Ess -DTZ! I v E 5>=U M ors kreC = ) Z . S C u . T= T. Ch. = Z>z S1N r/Z Q ZTZ = 2�.0 /0.119 4 PARSONS & C �D COM-PA Q l JOB NO. 38, ZO �L j no Irk ASSOCIATES PROJECT S. 5 — CALCULATIONS FOR ET ° ACLC CONSULTING ENGINEERS MADE BY DATE 5 ' 2 O CHECKED BY DATE SHEET OF Ft. Collins, Colorado 80524 Q = Ail Q = -r��scrfArz� )�j CFS A = Goss S�c-n a� kc_ ArL(Dk ) 0 s F V = vELoCt It 1 1=TE: . V = I.4vCo n rZ/3 -S /2 N = TZouL H QE'S COE"F• r -PE:lz I M s r - A _ 12. s WP Zs. ► V = 1. 4 BCD o. �oZ/3 ` D. oos3%z- 5-Sz /S�Z WYATT AND MARTELL BILL WYATT ATTORNEYS AT LAW JAMES A. MARTELL 222 WEST MAGNOLIA STREET MARTIN J. HEFFERNAN FORT COLLINS, COLORADO 00521-21399 MARYANNE MARTELL* -ALSO ADMITTED IN WYOMING June 29, 1990 Mr. Wayne Daugaard 2914 Wakonda ]Drive Fort Collins, CO 80521 Dear Mr. Daugaard: TELEPHONE (303) 484-1112 FAX (303) 484-1170 pLg c� Q As you are aware, I represent the Harmony Cove Condominium Association, ,a Colorado nonprofit corporation. On May 30, 1990, you met with me, Jamie Browne (the Foxfire staff person responsible for the Harmony Cove Condominium Association), and two members of the Board of Directors (Dan Taylor and Maryan Murrah). During our meeting, we discussed with you the problems associated with your ownership of a small parcel of property which lies between Harmony Cove and Creekside at The Landings. Since our meeting, I have discussed the matter in greater detail with representatives of the Association. The Association has requested that I make the Association's position perfectly clear to you so that there is no misunderstanding in the future. First, I have examined the plats of Harmony Cove which have been filed with the Larimer County Clerk and Recorder's office. All of the plats indicate that the driveway through Harmony Cove is a private street. The property which you own has never been included within the Harmony Cove Condominium Association. Accordingly, it is the position of the Association that you have no right to use the private street through Harmony Cove. Any use of the private street will be considered a trespass. Second, I have reviewed the Condominium Declaration for Harmony Cove Condominiums. The Declaration provides that the developer (Osprey, Inc.) could add additional property to Harmony Cove at any time for a period of seven years after the Condominium Declaration was recorded. That seven-year period has now expired. Accordingly, the developer (The Landings, Ltd.) may no longer add. your property to Harmony Cove. The only other method by which additional properties may be annexed to Harmony Cove is by approval of two-thirds of the condominium unit owners. At the present time, it is the opinion of the Board of Directors that two-thirds of the condominium unit owners will not approve the addition of your property to harmony Cove. Third, at the present time, the harmony Cove Condominium Association is opposed to any development on your property. Accordingly, if a development proposal is submitted to the City of Fort Collins for its consideration, the Harmonv Cove Mr. Wayne Daugaa-' Page 2 June 29, 1990 Condominium Association will express its opposition to such proposal to the Planning staff, the Planning and Zoning Board, and if necessary, the City Council. If you should have questions with regard to this matter, please do not hesitate to call me. Thank you. Sincerely, dl- )--V 1121c James A. Martell JAM:sc cc: Board of Directors of Harmony Cove Condominium Association, c/o Jamie Brown, Foxfire Property Management /Zyir6ti /1t�'y � G` BILL WYATT JAMES A. MARTELL MARTIN J. HEFFERNAN MARYANNE MARTELL' -ALSO ADMITTED IN WYOMING WYATT AND MARTELL ATTORNEYS AT LAW 222 WEST MAGNOLIA STREET FORT COLLINS, COLORADO 80521-2899 July 9, 1990 Mr. W. Paul Eckman City Attorney 300 LaPorte Fort Collins, CO 1030521 RE: CRE:EKSIDE AT THE LANDINGS Dear Paul: JUL 2 3 1990 TELEPHO'�3021 4B4-1112 FAX ;303) 484-1170 I represent Harmony Cove Condominium Association ("the Association"). On March 27, 1969, the Association entered into an Agreement with Fairfield Properties, pursuant to which the Association agreed to withdraw its opposition to a proposed development known as Creekside at The Landings in consideration for the development of a cul-de-sac within the condominium properties. Based upon the Agreement reached between the Asso- ciation and Fairfield Properties, the Association did not oppose the proposal for development of Creekside at The Landings. It is my understanding that the City of Fort Collins has now agreed to grant an administrative charge to the proposal for development of Creekside -�t The Landings. The administrative change would eliminate cul-de-sac which was to have been constructed by Fairfie- -operties on the condominium asso- ciation property. Rather znan the construction of the cul-de- sac, the City has agreed to permit Fairfield Properties to construct an emergency access between Lots 18 and 19 of Creekside at The Landings. The proposal to install an emergency access between Lots 18 and 19 of Creekside at The Landings is not acceptable to the Association. If the Association had known at the time that the cul-de-sac was not to be cons--ructed, the Association would have expressed strong opposition t__ the proposed development. If the City permits Fairfield Properties to install an emergency access between. Lots 18 and 19 in lieu of the construction of the cul- de-sac, then the Association will investigate the possibility of filing legal action against the City of Fort Collins. Mr. W. Paul Fckma._ City Attorney Page 2 July 9, 1990 I would appreciate it if you would please investigate this matter and call me to discuss the City's position at your earli- est convenience. Thank you for your consideration. L -ncerely , % Y) / nvl�x ` (/I ames A. Martell JAM: sc cc: Board of Directors of Harmony Cove Condominium Association c/o Jamie Browne, Foxfire Property Management Fairfield Companies July 11, 1990 Kehn Construction 6322 S. Collece Ft. Collins, CO 80525 Attention: Dick Subject: Creekside At The Landings It was brought to our attention by the City of Fort Collins that not all of the asphalt !,!ork specified in our paving contract had been coripleted by your cooipany. There is approximately 4,250 square feet of asphalt to remove and replace on West Shore Way and 4,270 square feet on 3reaki,•iater Ct. This quantity and the fact that it was not done per the original. contract has been verified by the project engineer, Parsons ° Associates. Please direct any questions you may have to then regarding this work. The city is desiring to have this +Mork started and completed as soon as possible. Please submit to me by 5:00 p.rl. Friday, July 13, 1990, the construciton schedule for this work. Sincerely yours, Kenneth f1: S1yziuk. President Fairfield Conpanies cc: Fred Ahlert Don Parson Lance ljewlin Emp 1 oyers f lu tua 1 lGIS/bcl;i Casualty Company 2618 SOUTH DFFRAME CIRCLE LAKEWOOD, COLORADO 80228 303-980-5447 IDEHNs Don Kehn _.o.,�N'1 Construction Inc. GENERAL CONTRACTORS 6322 So. College Fort Collins, Colorado 80525 13031 226-4111 Y : LaVE 1. July 12, 1990 Mr. Kenneth M. Slyziuk Fairfield Companies 2618 South Deframe Circle Lakewood, CO 80228 Dear Mr. Slyzi-uk: Re: Creekside at the Landings — Your letter of July 11, 1990 J U L 16 1990 Cher T have inspected the areas referred to in your letter of July 11, and note the delineation by the city of Ft Coll -ins of areas to be repaired. Our contract is quite specific as the work to be performed, and this work is clearly outside the scope of the contract. We would be happy to do any remove and replace or overlay, under a separate contract, and if you request I will prepare a proposal for the same. Sincerely yours, r_ o R.J. von Bernuth cc: Don Parsons Lance Newlin Employers Mutual Casualty Company Asphalt Paving • Crushed Aggregates • Earthmoving 9 Trucking • Underground Utilities • HydroCrane Services Development Services Engineering Department July 30, 1990 Fairfield Homes 2618 S. DeFrame Circle Lakewood, Colorado 80228 Re: Creekside at The Landings Street Overlays Dear Mr. Slyziuk:: As you are aware, the City Code and Developrnen'L Hyreeinena a,uress the completion of public improvements. Generally these must be completed prior to the issuance of Certificates of Occupancy for buildings which front onto the public right- of-way. I believe the City of Fort Collins has in good faith allowed Fairfield Homes to continue building and has not held up any Building Permits or Certificates of Occupancy with the understanding that the required improvements would be made. However, it has been over a year since construction started on Creekside at The Landings and many of the public improvements have yet to be completed, including the two areas to be overlayed on Westshore Way and Breakwater Drive. For the last few months, I have been working with your engineer, Don Parsons, to get those portions of the asphalt pavement on Westshore Way and Breakwater Drive overlayed. In my last conversation with Mr. Parsons several weeks ago, I was under the impression that the work would begin as soon as possible. As of this date the work has not been started. Unfortunately, this leaves me with no choice but to set a time frame for the completion of the overlay work. Beginning three weeks from July 30, 1990 on August 20, 1990, Building Permits and Certificates of Occupancy will be held by the City until the money for the overlay is placed in an escrow account to be held by the City, or the improvements are completed. If you have any questions, please feel free to call me at 221-6605. Sincerely, Lance Newlin Engineering Construction Inspector �' I ,A , nue • !'.O. Box :;,,�0 • Fort Collins. CC, ",052_-()n,�o • ('03) »]-,h(); Messane. Dated: 08/20/90 at 1634. /reeksde ai Landings PUD-Wayne Daugamrd Contents: 2' F�Oi'�; Mi��e HERlIG / CFC52/01 FROM: Hike HEpZIG / CFC52/01 TO: DISTRIBUTION Imm This me�o is to give you an update on where we are in 010cusszons wLrn W�yne �augaard rega,d/ng �is property oyxt to the Creekside at the �anJi�'gs PU0 .�e�p\oyn'�.'t. Ynu may 'ecall t}wt Mr. Daugaa'd has coxe to two '/oc' i meet'ngs, as we]l as .-ontarted ym/r offi'�e. Each time he has ih,i ij, tit. `Oo|' Creeksid, from prr'cceding and that the m~k, :p for miscakp,` n'�riors he helieves t?.e City should have taken !.i* prnper/y frt*` the deve]opment. that s'`me 'njsjudgements occurred with the Creekside project :`, :nfnrmation staplied by the Developer more than we should �'~vp' Howevcr, no took action to correct the problems when Unev became ~ppar�nt. PrrsenLly, we have hold- on issuing b,ilding permits for 4 lots in Creo|'Adp urt;l the Ceveluper .u'ople�es improvements to correnL the |`rKY 4 los are 6 ;rs`tly c:nneuted with Lhe |/roblem 'm Mr. Daugaar� propert,' At Lhi� ti."e, we believe we havu dune all U`at we can Lo correct is panting son`eone, such a" the LP b', !`is ;ropw` ! y. The De/eloper won! J like Uhe City to conde'vn Prope'iv. vow. ur +he City Council, mKy hear frum M,. Dan oaa.c i: l s� f'x m�re he *p. T�e backoro:nd on the vroblems with this development go back over a year and �he r'enor fai,ly complex. we are conti,ming to work to resolve th� �r�L]c''.s '; jit!!in wx limktatim.s. If you wa/'t a thoruugh desnrip( ion uf the backgr..und u: o'is subject, [`lease End Of I|y= 4. lML me VAUGHT FRYE architects March 13,; 11389 Robert B. Paysinger The Osprey Development Corp. The Jefferson Building #i200 (3 450 West Jefferson Ave. Englewood, CO 80110 h�'"f Re: Turnaround at Harmony Cove/Administrative Change #8-35 fr , s �rt'4 Dear Robert, 0.�> Further to your letter of February 23, 1989, we are now proceeding with the documentation and submission to the City of Fort Collins.....;_ the administrative change for the turnaround at Harmony Cove. »`. We enclose planning division application forms for you to please*. complete, sign on Osprey 's behalf and return to this office. Al soy:.,', enclosed is a red -lined copy of the plan which will be submitted`, t' to the city with the completed forms. The approval for Fairfield Homes current planning submission to the A, j city is dependent on approval by the Harmony Cove Homeowners Board of Directors, of this administrative change. We meet with the Homeowners on March 21st and would appreciate your returning their, completed application form to us in time for the meeting. If�you� have any questions, please do not hesitate to cal{1 me. �� � Sinc'erel�/ •w'I .i 7 1 fr ' Tony Hughes'. VAUGHT FRYE ARCHITECTS W�. `,p'y li♦ }/1f ' ` . II t F s cr�zl}1>t ` , ,fib Yi{ Qy i r * t land planning • archileclure 2000 S.CoIIc ,x� Avernrr �orl Coll ins.0 onxk)♦80575 (:1031223-280H E ' ARTHUR E. MARCH, JR. RAMSEY D. MYATT R O B E R T W. B R A N D E S, J R. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH L I N D A S. MILLER DARREL'_ V. GOODMAN MAIRCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (303) 482-4322 TE_ECOPIER (303) 482-2962 September 21, 1990 ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: �A �0522 I SEPL 41990 �1 Mr. Paul Eckman Assistant City Attorney City of Fort Collins HAND DELIVER 300 LaPorte Avenue Fort Collins, CO 80524 Mr. Mike Herzig Development :Engineering Manager City of Fort Collins HAND DELIVER 281 N. College Avenue Fort Collins, CO 80524 RE: Fairfield Companies' Creekside at the Landings Dear Paul and Mike: This letter is to confirm our conversation of yesterday in which you agreed to extend until October 31, 1990 the deadline for Fairfield Companies to have substantially completed the improvements to the Access Easement for Creekside at the Landings pursuant to Fairfield Companies' Agreement with the City of Fort Collins dated March 30, 1990. Thank you for your assistance. Sincerely, MARCH & MYATT, P.C. By: ! ✓ Lucia/A. Liley LAL/glr cc: Mr. Ken Slyziuk ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER DARRELL V. GOODMAN MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2680 (303) 462-4322 TELECOPIER (303) 482-2962 October 1, 1990 `pt Mr. Dave Stranger Chief Construction Inspector Engineering Department x, De_ City of Fort Collins ` 281 N. College Avenue Fort Collins, Colorado RE: Issuance of Revocable Permit for Lot 12, Creekside at the Landings P.U.D. Dear Dave: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522 HAND DELIVER Our firm represents Fairfield Companies, the developer of Creekside at the Landings. As earlier discussed with Mike Herzig, this letter will constitute the understanding of Fairfield Companies with regard to the above -referenced matter. The City will issue a revocable building permit for Lot 12 upon receipt and approval of this letter. Within seven days of issuance of a building permit for Lot 12, the City must receive cash or a letter of credit in the amount of $3,750.00 to guarantee the reconstruction of the drainage channel required for further development of Creekside at the Landings. If such cash or letter of credit is: not received within that timeframe, the City will revoke the permit and issue a stop -work order on Lot 12. Thank you for your assistance in this matter. Please call if you have questions. By: LAL/glr cc: Mr. Mike Herzig Sincerely, MARCH & MYATT, P.C. W)U [-a%�rcncc tirircc )cntrr. (( l �SU fin' kkiIIiam \1. Rccd 1 irc Pa !J, Ir TRANSAMERICA TITLE INSURANCE COMPANY October 17, 1990 Mr. Wayne Daugaard 2914 Wakonda Drive Fort Collins, Colorado 80521 RE: Wayne Daugaard Access Harmony Cove/Creekside At The Landings Policy No. 6215392 (Larimer County) Our File No. 90-R-025 Dear Mr. Daugaard: This will confirm our recent telephone conversation relative to the captioned, after we had completed our investigation and I had discussed your access problem with Paul Eckman, Fort Collins City Attorney, and with Jim Martell and Lucia Liley, the latter two being counsel for Harmony Cove Condominiums and Creekside At The Landings, respectively. As you and I discussed, the Landings P.U.D., 4th Filing was platted in 1979 with dedicatory language which clearly grants the public rights in and to the streets and easements shown on the plat. Although I have been at some disadvantage analyzing this situation in Denver, Richard Peters has forwarded to me information at various times to give me a correct picture of this mosaic of underlying and overlying subdivisions. The 1979 plat above -referred to underlies, at least in part, the Harmony Cove Condominiums and Creekside At The Landings Subdivisions. Harmony Cove Condominiums was platted in 1981 and overlaid the easements, giving access to your property from the south, with what Harmony Cove purported to limit to private roads. It is my conclusion, shared I believe by others conversant with this situation, that Harmony Cove cannot effectively cut off those pre-existing dedicated easements by merely platting over them, unless the 1979 easements have been vacated. It is my understanding that there was no vacation of the easements, however. We insured your loan in 1986 and made no exception for lack of a right of access as, indeed, you at that time had legal access by virtue of the 1979 dedicated easements approaching your property from the northeast,. This easement clearly crossed the drainage easement which is contiguous to your property along its easterly line, and connected with one of the platted streets in the area. While we do not rely on the access we feel you still have across Harmony Cove Mr. Wayne Daugaard October 17, 19,90 Page -2- Finally, Creek.side At The Landings was platted in 1989 and, I am told, at that time had the easement, which clearly gave you legal access in 1986, vacated. Thus your legal access was purportedly extinguished three years following issuance of your policy, which means that it is a post policy event which is not covered by title insurance. Our policy covers you as of the date it is issued, and at that time was of course a lender's policy but, due to your foreclosure of your deed of trust, continued coverage for you in your new status as an owner, but according to its terms and conditions and effective date only. Although Richard Peters and I thought initially, and this was conveyed to you, that our policy did not cover your present access problem, we wanted to be absolutely certain that there was no reason for coverage to exist in this somewhat complicated set of facts. As distilled in this letter and in our conversation, it looks relatively straightforward, but there are a number of twists that had to be confirmed before a final decision was made. As I advised during our telephone conversation, I have indicated to Mr. Martell that I do not agree with his apparent position that the dedicated easement underlying Harmony Cove Condominiums has been extinguished, at least insofar as I am aware of the facts. Creekside At The Landings understandably feels that they have properly vacated the easements, although you cannot be cut off from access and do have the private right of condemnation. Their argument would be, I suspect, that you have access through Harmony Cove Condominiums and therefore Creekside's vacation of its portion of the easements can be sustained. The City, I know, feels that you are entitled to access one way or the other and if you will work with all parties, Wayne, I strongly suspect your access will be confirmed without the need for litigation. I enjoyed our discussion of the matter and appreciate your attitude and understanding of our position. My apologies for the delay in getting back to you with the confirmation of our position, which delay was my fault and not that of our Fort Collins office. Please do not hesitate to contact me if you have any questions or comments. Cordially, TRANSAM�RICA TITLE IVSURA CE COMPANY BY: William M. Reed WMR:mlk cc: Gail Bode Debbie Scalva Richard Peters ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH L I N D A S. MILLER WILLIAM C. BEYERS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80324-2880 (303) 482-4322 TELECOPIER (303) 482-3038 January 30, 1991 Mr. Mike Herzig Planning Department City of Fort Collins P. O. Box 580 Fort Collins,, CO 80522 RE: Creekside at the Landings Dear Mike: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0469 FEB This is to confirm our conversation yesterday regarding the status of Creekside at the Landings PUD ("Creekside"). Ken Slyziuk advised me that United Bank has agreed to keep its loan in place and take no action for a period of ninety days. Ken further advised me that he has three closings scheduled in the next two weeks which will bring his United Bank loan balance down to approximately $150,000. He believes it is likely that with ongoing sales, which have been strong, he should be able to pay this loan off by the end of the ninety -day period. He estimates that he will have approximately $300,000 of equity in the project at that point. Ken continues to seek refinancing of the project which will allow him to purchase the Daugaard property and thus clear up all the issues with regard to access and drainage. He believes that he will be able to obtain such refinancing, given the strong sales and the equity in the project. It is likely that the refinancing will not occur until the United Bank loan is paid off. I will send Wayne Daugaard a letter informing him of the status of the project. In the meantime, it seems that the most important element in ensuring that the whole package eventually comes together is to have housing construction and sales ongoing in the next ninety -day period. I am getting a list from Ken of the remaining lots to be constructed and sold and I will get you a copy of that. Mr. Mike Herzig January 30, 3_991 Page 2 Thank you, Mike, for your continuing patience and cooperation in getting all the pieces of this project put together in a way that makes sense for everyone. Sincerely, MARCH & MYATT, P.C. By: Lucia A. Lil6v LAL/glr cc: Mr. Ken Slyziuk ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER WILLIAM C. BEYERS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (303) 482-4322 TELECOPIER (303) 482-3038 Mr. Mike Herzig Planning Department City of Fort Collins P. O. Box 580 Fort Collins,, CO 80522 February 8, 1991 RE: Creekside at the Landings Dear Mike: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0469 I just wanted to let you know that I have sent a proposed purchase agreement to Wayne Daugaard on behalf of Fairfield Cos., Inc. The two differences in this agreement from what was discussed earlier are that the purchase price offered is $30,000 and the contingency period for financing is 150 days. Both of these reflect the economic reality of an economy in recession, banking regulations in turmoil and property values which continue to decline. As I explained to Wayne in a letter accompanying the purchase agreement, Ken Slyziuk has been unable to obtain any financing for purchase of the Daugaard property at the previously discussed $40,000 purchase price. Even though the price offered is less than that which Wayne will probably want, I hope he seriously considers the offer. It's still more than he could get elsewhere. I'll keep you informed. Sincerely, MARCH & MYATT, P.C. Lucia A. tiley� LAL/glr cc: Mr. Ken Slyziuk No Text 3 Zvi �1 �y 2914 Wa1=_onda Drive Fort Collins, CO 80521 March 20, 1991 Lucia Lil=_y Atty for Fairfield Co. Dear Ms. Liley, After- many phone conversations, a few letters, and a slightly backward offer to sell that was signed by me, we nearly came to an agreement for $40 , 000 for my lot in the Landings. This was in early November of 1990. An offer to purchase the lot was received March ,5.1, 1991. This offer was for $-'•0, 100 with a contingency of 150 days t� t obtain financing. i cannot accept that price or the length of time to obtain f i nanci ng� 1 will finance the property myself under the terms of the enclosed conditions. These terms and conditions are very near Fai f i _' d_ original offer, however they can save time and money searching for financing and avoid many loan costs and other expenses. if they truly believe in the duplex concept that they proposed to me in 1939, they may choose to follow that plan and recoup, most of the cost of the lot or possibly even profit from it. This will also allow Fairfield to honor their agreement with the Harmony Cove Homeowners and not worry about drainage easements and other damage to the lot. Please give me a call after you have reviewed the enclosed proposal. My home phone is 484-3197. Thank you. Sincerely, Wayne Daugaard k CC., Mike r_a Herzig PROPOSAL Purchase Price Cash or certified check by 3/27/91 as earnest pest money. At closing by 4/ 0 91 March 20, 1991 42,504 1,000 ---41(,j[]:_1 Balance at $1,000 per month 37,500 including interest at 10 on unpaid balance until the day when building permit on last lot in C'.reekside Subdivision is issued, when entire balance shall be paid. Purchaser to pay all _losing costs including title insurance costs, 19?0 taxes, and all future taxes. 1 will sign a general warranty deed, subject to conditions of title commitment, and will guarantee that I have done nothing to affect marketability of title nor created any liens on property, except a first deed of trust to me, which will be released upon final payment. ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J. 9RADFORD MARCH LOUISE F. MILLER L I N D A S. MILLER Mr. Stephen J. City Attorney, 300 LaPorte Fort Collins, MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW I10 EAST OAK STREET FORT COLLINS, COLORADO 60524-2880 (303) 482-4322 TELECORIER (303) 482-2962 July 27, 1989 Roy Colorado 80521 RE: Creekside at the Landings P.U.D. Dear Steve: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS. P.O. BOX 469 FORT COLLINS, CO 80522 Our office represents Fairfield Companies, Inc. ("Fairfield"), the developer of the above -referenced property ("Creekside"). Nine days ago, we brought to the attention of the City a problem which has arisen regarding Creekside and the adjacent Harmony Cove Condominiums in the Landings - Filing 4 ("Harmony Cove"). We have not yet received a decision from the City on this problem and, since timing is crucial at this point, Fairfield must either have a resolution from the City by next Thursday or must proceed to construct the cul-de-sac at Harmony Cove as approved in the March loth P.U.D. Administrative Change. By way of background, a private access easement through Harmony Cove for emergency vehicle access was planned to continue through Creekside. Fairfield desired to eliminate this private easement and negotiated with the City for its elimination in exchange for provision of alternate emergency access. The City indicated that the elimination of the easement would be allowed if Fairfield could construct a cul-de-sac on a portion of the Harmony Cove property which had not yet been developed into condominiums. That parcel of property was, and continues to be, owned by Osprey Development Corporation ("Osprey"). Inquiry was made of the City staff about the requirements for an administrative change to the Harmony Cove site plan to provide for such a cul-de-sac. Upon being advised that the owner of the property would need to sign an application for such change and that it would be approved by the City, Fairfield entered into an agreement with Osprey providing for the acquisition of an easement from Osprey for the cul-de-sac in exchange for $10,000. This agreement was expressly conditioned upon Osprey meeting all the City's requirements for the administrative change and the City formally approving the same (see attached Agreement). Fairfield then entered into an agreement with Harmony Cove Homeowners Association approving such change upon Fairfield performing certain requirements (see attached Agreement). ARTHUR E. MARCH, JR. RAMSEY O. MYATT ROBERT W. BRANOES, JR. RICHARD S. GAST '_UCIA A. LILEY J. BRADFORO MARCH L I N D A S. M I L L E R WILLIAM C. BEYERS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW IIO EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (303) 482-4322 TELECOPIER (303) 482-3038 Mr. Wayne Daugaard 2914 Wakonda Drive Fort Collins, CO 80521 May 2, 1991 RE: Sale to Fairfield Companies, Inc. Our file no. 8191.1 Dear Wayne: A R T H U R E. M� P C H 1909-19e' MAI_ING ADDPESS. P.O. BOX 469 FORT COLL!NS, CO 60522-0469 Enclosed. please find a fax copy of a Purchase Agreement executed by Fairfield Companies, Inc. and executed faxed copies of a Promissory Note and Deed of Trust. The major terms in these documents to which Fairfield Companies, Inc. is agreeable are as follows: 1. Inc:reased purchase price of $42,500.00. 2. Closing by May 15th. 3. Costs for title insurance, taxes for 1991 through the closing date and closing costs to be borne by buyer. 1990 Taxes to be paid by seller. 4. Earnest money of $1,000.00 to be paid uicn execution of the Purchase Agreement. 5. The: purchase price to be paid as follows: (a) $1,000.00 earnest money applied to purchase price; (b) $2 , 000 : +-i 00 in cash or , irfed-Rinds paid at closing; and (c) Remaining balance of $39,JSM.00 paid by execution of the enclosed Promissory Note in that amount with interest at the rate of 10%. Monthly payments would be interest - only payments, with the total amount Mr. Wayne Daugaard May 2, 1991 Page Two of principal and accrued interest due in full on the earlier of (1) Issuance of the certificate of occupancy for the last lot in Creekside at the Landings PUD; or (2) obtaining of permanent financing for development of the property as part of Creekside; or (3) May 31, 1994. 6. Only contract contingency is approval by the City by May 12th of an Administrative PUD change to allow the construction of a modified cul.-de-sac on the property to satisfy requirements for emergency vehicle access. If these terms and documents are satisfactory to you, please let me know immediately so we can make arrangements to execute the originals and pay the earnest money. If we want to close by May 15th and receive City approval five days before that time, it is important that you let me know as soon as possible if you are going to execute the enclosed documents. I look forward to hearing from you. Sincerely, MARCH & MYATT, P.C. Lucia A. Liley LAL/glr Enclosures cc: Mr. Ken Slyziuk ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LU CIA A. LILEY J. BRADFORD MARCH L I N D A S. MILLER WILLIAM C. BEYERS MAIRCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 1303) 482-4322 TELECOPIER (303) 482-3038 June 25, 1991 Ms. Kerrie Ashbeck Civil Engineer Planning Department City of Fort Collins 281 North College Avenue Fort Collins, Colorado RE: Crleekside at the Landings/Harmony Cove Dear Kerrie: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS. P.O. BOX 469 FORT COLLINS, CO 80522-0469 HAND DELIVER As we discussed over the phone yesterday, Fairfield Companies, Inc. still has a major issue to resolve with Wayne Daugaard. To date, Wayne has been unwilling to release the cul-de-sac property from the lien of the deed of trust which Fairfield will execute on closing. I am discussing with Ken Slyziuk other options with re- gard to additional security for Wayne, but at this point, I do not know how successful that effort will be. In any event, until we resolve this critical issue with Wayne, we cannot close on the pro- perty. Therefore, it does not make any sense to continue our dis- cussions regarding a new agreement providing for the construction of the cul-de-sac and security for doing so. Since the closing date is no longer imminent, it also makes sense to have Mike Herzig present when we finalize that agreement, because of his involve- ment with this project. I appreciate all your efforts in getting the easement vacation accomplished. I will let you know when and if we are prepared to move forward with another agreement. Sincerely, MARCH & MYATT, P.C. Lua'ia A. Liley LAL/glr cc: Mr. Ken Slyziuk ARTHUR E. MARCM, JR. RAMSEY O. MYATT ROBERT W. BRANOES. JR. RICHARD S. GAST LUCIA A. LILEY J. BRAOFORO MARCH LINOA S. MILLER WILLIAM C. CEYERS MACH & MYATT, P.C. ATTORNEYS AND COUNSCLOR5 AT LAW 110 EAST OAK STREET FORT ccuwNs. CownADO 8o524-ES90 (3031 40,2-4322 TELECOPIER (3031 402-3036 September 26, 1991 Mr. Wayne Daugaard 2914 wakonda Drive Fort Collins, CO 80521 RE: Fairfield Companies Dear Wayne: ARTHUR C. MARCH 1909-1961 MAILING AOORCS$t PLO. sox 460 FORT COLLINS, CO 80522.0469 I an in receipt of your letter of September 23rd responding to our offer of a new purchase agreement. You state in that letter that the City has met all of the contingencies in the earlier agreement dated May 15th and that you are willing to proceed with that agreement. The contingencies of that agreement have not been met and that agreement has long since expired. I think you are well aware that the City will not vacate the emergency vehicle access between the Creekside lots until a new cul-de,sac access is dedicated to the City, free and clear of all liens. You refused to complete the transaction unless your deed of trust remained on the cul-de-sac property. Therefore, the vacation has not happened and the con- tingency has not been met. The September 19th agreement which we sent you is a new agree- ment with different terms which attempt to eliminate the issue of the lien on the cul-de-sac property. Thus, unlike the earlier agreement, this agreement is not conditional and it does not re- quire carryback financing. The reason for the earlier purchase price, which was higher than the market value of the property, was in recognition of the carryback financing and the risk to toe sel- ler in such financing. Now that this feature has been eliminated, the offer is based solely on the market value of the property. If you are simply not interested in selling your property anymore, please let me know immediately. We will then discontinue E01] 010 '0"d '11VAW '8 HO21HW 860E ZSb EOE 1 9S:S1 el-11-[661 Mr. Wayne Daugaard September 26, 1991 Page 2 negotiations on your property and look to the other options Fair- field has to resolve the access issue. If you are willing to prd-- ceed with the September 19th agreement proposed to you, please let me know and we can finalize all documents. Sincerely, By• Luci A. Liley LAL/glr cc: Mr. ]Ken Slyziuk vocd 010 °0 °d '11bJ.W I HOcIVW 9606 a2v E06 l 8S e S 1 e l-1 1-1661 ARTHUR E. MARCH. JA. RAMSEY O. MYATT ROBERT W. BRANOES. JR. AICHARO 5. OAST LUCIA A. LILEY J. BRAOIrORO MARCH LINOA S. MILLER WILLIAM C. BEYER9 MARCH & MYATT, P.C. ATTORNEYS ANO COUNSELORS AT LAW 110 CAST OAK STREET FOOT COLLI2P5, COLORADo aO524-2880 (303) 440=-43aa TELECOPIER (3031 402-3030 October 9, 1991 Mr. Wayne Daugaard 2914 Wakonda Drive Fort Collins, Co 80521 RE: Sale to Fairfield Companies, Inc. Dear Wayne: ARTHUR G MARCH Igoe -lost MAILING AMORESS: PLO- BOX 4159 FORT COLLINS. CO 80522.0460 I have not received any response to my last letter and pro- posal to you and I have not been able to reach you by phone to find out the status of the purchase proposal. Ken Slyziuk is concerned that you may have a question regard- ing the purchase agreement which expired. The reason that agree- ment expired is because the condition that the emergency access be vacated could not be met. The City refuses to record the vacation document unless and until a release of all liens is given. You would not agree to release the lien of the first deed of trust on that property because of concerns about a default on the note. Thus the vacation cannot occur and the condition cannot be met. Fairfield's last offer to you was an attempt to resolve the problem with the release of lien by proposing a purchase without any carryback financing. This obviously takes care of the problem, but it also has an effect on the purchase price since you would no longer be taking the risk with the financing. As you can note from the agreement, there are no contingencies in this proposal. would you please give me a call or drop me a note and let me know no later than Tuesday of next week if you want to proceed with the proposal or not. Thank you. Sincerely, MARCH & MYATT, P.C. By: 1 4Lua. Liley LAL/glr cc: Mr. Ken Slyziuk 20ci 010 °O °d 'J-J-VAW I HO21HW 960E 39b 60E i SS : S L 9 t-t 1-EG61 WYATT AND MARTELL BILL WYATT ATTORNEYS AT LAW JAMES A. MARTELL 222 WEST MAGNOLIA STREET TELEPHONE (3031 484-H12 MARYANNE MARTELL' FAX (303) 484-II70 SUSAN J. WINFIELD -ALSO ADMITTED IN WYOMING FORT COLLINS, COLORADO 80521-2899 October 31, 1991 Mr. Wayne Daugaard 2419 Wakonda Drive Fort Collins, CO 80521 Dear Mr. Daugaard: As you are aware, I represent the Harmony Cove Condominium Association, a Colorado nonprofit corporation. It is my understanding that you are still the owner of a small parcel of property which lies between Harmony Cove and Creekside at The Landings. I last wrote to you on June 29, 1990. For your convenience, I have enclosed a copy of my June 29, 1990, letter. My letter outlines the position of the Harmony Cove Condominium Association. That position has not changed. Since June 29, 1990, I have been contacted by the City Attorney and the attorney for your tittle insurance company. Notwithstanding the arguments made by both the City Attorney and the attorney for your title insurance company, I believe the position of the Association as outlined in my June 29, 1990, letter is correct. At a recent meeting of the Board of Directors of Harmony Cove, the Board decided that if an amicable resolution of this matter cannot be reached, then the Board will agree to either accept the emergency access easement through the Creekside property or will construct a cul-de-sac on the Harmony Cove property. if it becomes necessary for the Association to accept the emergency access or to construct a cul-de-sac on its own property, then the Association intends to take such action as may be necessary to enforce the Protective Covenants and Condominium Declaration. Such action may include commencing legal proceedings to restrain you from obtaining access to your property through Harmony Cove. Sincerely, James A. Martell JAM:sc Enclosure cc: Jamie Browne Citv Ai ney City of Fort Collins November 13, 1991 Mr. Wayne Daugaard 2914 Wakonda Drive Fort Collins, CO 80521 Re: Creekside at the Landings Dear Mr. Daugaard: The other day you asked me to send a letter to you indicating whether the City of Fort Collins had ever vacated the 28-foot wide access and utility easement dedicated to and for public use on the plat of the Landings PUD 4th Filing, which was approved by the City Council on March 20, 1979. (This plat was signed by the developer, Osprey Homes, Inc., on March 6, 1979). Probably the best way to research the question of such a vacation would be through a title insurance company, and as I understand it, you have received a letter from TransAmerica Title Insurance Company, dated October 17, 1990, wherein TransAmerica indicated that they did not believe that the dedication of the accessway as shown on the 1979 plat had ever been vacated. However, I did ask Mike Herzig to check into the matter to the extent that he could here at the City, and he has indicated to me that he does not believe that the accessway has been vacated. I also looked through the Landings PUD 4th Filing records at the City Clerk's office and did not find any record of such vacation. Sincer y, W. Paul Eckman Deputy City Attorney WPE:whm cc: Mike Herzig, Development Engineering Manager :i VC IIUt • n (�. �jt?V ��1 • l •i ii �,ti ((l \�����-l)^N�� • �J(13) ��i �`,"_ Wayne Daugaard 2914 Wakonda Drive Fort Collins, Co 80521 (303) 484-3197 TO: City of Fort Collins Planning Department ATTN: Mike Herzig DATE: November 14, 1991 I have spent nearly three years trying to get problemsresolved, so I can attempt to market a lot I have in The Landings. A requirement for the approval of the Creekside plan was a cul de sac to be put in, so the through right of way could be vacated. The drainage from one part of Creekside Subdivision streets drains across my property, with no easement or authority to do so. The majority of the lots have been developed. The through street has been removed, and no cul de sac has been constructed and/or no emergency access has been constructed. I would like to ask the City of Fort Collins not to issue any more building permits until the cul de sac or emergency access is completed and the drainage across my property is completely stopped. By:l Luca A. L LAL/glr cc: Paul Eckman Mike Herzig Ken Slyziuk ARTHUR E. MARCH, JR. RAMSEY D. MYATT R O B E R T W. B R A N D E S, J R. RICHARD S. GAST LUCIA A. LILEY J. DRADFORD MARCH I_I N DA S. MILLER WILLIAM C. BEYERS D L N I S E L. S A A T H O F F GLORY I. BURNS MABCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (303) 482-4322 TELECOPIER (3031 482-3038 December 2, 1991 ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80S22-0469 Mr. Wayne Daugaard DEC Wakonda, Drive Fort Collins, CO 80521 Dear Wayne: It appears from my recent conversations with the City that you have not accurately represented the good faith efforts of our firm and the Fairfield Companies in trying to negotiate an acceptable agreement for purchase of a piece of your property adjacent to Creekside at the Landings. The last purchase proposal to which we had all agreed was signed in mid -May. The contingencies of that agreement were never met because of your refusal to release the lien on the cul-de-sac property, and that agreement has long since expired. After reviewing our remaining options, we made a different proposal to you on September 19, 1991. Your only response, which was dated September 23, 1991, did not indicate that you were even considering the new proposal, but instead, that you wished to pro- ceed with the earlier agreement. We wrote to you on September 26th explaining the terms of the new proposal and the impossibility of proceeding with the old agreement. We wrote again on October 9, 1991. Your only acknow- ledgement of either of these communications was to send a copy of your previous September 23rd note, which was the equivalent of no answer at all. I do not know if there is any way to conclude a purchase of your property for a reasonable price, but I still believe it is in everyone's best interest to do so. However, negotiations clearly cannot proceed when there are no meaningful responses to offers made. Very truly yours, MARCH & MYATT, P.C. AL- A Y Mr. Stephen J. Roy RE: Creekside at the Landings P.U.D. July 27, 1989 Page 2 The administrative change was subsequently approved by the City and sent to Fairfield whereupon Fairfield paid Osprey $10,000. Fairfield then convinced its construction lender to increase its loan based on the final Creekside plan as approved and filed by the City. Fairfield later was put on notice by the City that a person holding a lienhold interest in the Osprey property had objected to the administrative change which removed a four-plex building site. The City indicated that Creekside building permits might be withheld unless this problem could be solved with the lienholder. Fairfiel.d's crews are on -site, have already removed the bridge over the drainage channel and are now ready to begin the construction of the cul-de-sac, all in accordance with the approved Creekside PUD and the Harmony Cove administrative change. Because the bridge has been removed there is presently no adequate emergency access to the Harmony Cove condominiums. Fairfield is prepared to construct the approved cul-de-sac. Although we understand the City's dilemma vis-a-vis the lienholder if the cul-de-sac is constructed, the problem is not of Fairfield's making and the resolution is not its responsibility. Fairfield took every appropriate action to determine the City's requirements for an administrative change and, in reliance thereon, entered into an agreement with Osprey to obtain an approved administrative change and an easement in exchange for $10,000. After assuring itself that the appropriate approval was given, Fairfield paid the $10,000 to Osprey, renegotiated its construction loan and proceeded to develop Creekside and construct the cul-de-sac. If the City now feels that its administrative change procedures are defective for failure to require lienholder consent, it is up to the City to work with Osprey and/or the lienholder to provide a solution. Fairfield met all of the City's stated requirements and is prepared to fulfill the requirements of the administrative change. Fairfield is not unsympathetic to the City's problem and is not unwilling to work with the City if there is an acceptable alternative. But, having already paid $10,000 plus design, construction and legal fees, Fairfield is not willing to agree to a solution which is more expensive than the approved cul-de-sac or which would significantly impact the Creekside development. A public paved access between Lots 18 and 19 of Creekside would be a substantial detriment and is not acceptable. A hammerhead access, if it could fit on the cul-de-sac site, might be No Text E January 21 , 1992 'i1 11 ?3i Mike Herzig City of Fort Collins Planning & Zoning Dept. Box 580 Fort Collins, Colorado 80522 Dear Mike, As per our conversation, I believe a mutual beneficial solution to the Harmony cove, Creekside, Fairfield, Daugaard problem can be attained. As you are aware, Bruce Froseth has Daugaards property under contract. Part of Bruce's agreement involves Fairfield paying Bruce to install the cul-de-sac and provide a drainage easement in place of a pan behind lot 13, at which time Bruce obtains title to Daugaard's property. Albrecht Homes also has Fairfields lots under option. I presently own lot 9 and have construction loan approval for lots 8 & 9 of Creekside. Fairfield needs me to close on lot 8 in order to have funds to place in escrow ($18,500) to release the hold for construction of the emergency access on the cul-de-sac. In order for the problem to be solved, I am requesting that the City release the hold on lots 8 & 9. The City will receive $18,500 to be placed in escrow. At the time that Froseth closes with Daugaard, Froseth will provide an easement for the turn around and drainage and the City will release the money held in escrow to Froseth. Mike, I've tried to keep this short and simple which I realize is not a short and simple problem, but this will allow for new co- operative owners to work with the City. I hope you find this an acceptable solution. Sincerely, ALBRECHT COMPANIES, INC. William G. Albrech� President B.K. MAXWELL I'C. t C Bruce M.Fro et President 1992-04-02 14:50 1 303 482 3038 MARCH & MYATT. P.C. 017 P01 ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROOERT W. BRANOtS, JR. RICHARD $. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER WILLIAM C. BCYCRQ DENISE L. SAATHOFF GLORY I. BURNS MARCH & MY Dept ATTORNEYS AND COUN; 110 EAST OAK S PORT COLLINS, COLORA) t3031 482-4:i TELECOPIER (303) 482-30313 April 2, 1992 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS. CO 80522-0400 Paul Eckman, Esq. Assistant City Attorney City of Fort Collins a;yIA FACSIMILE 300 Laporte Avenue TFLECOPIER TO 221-6329 Fort Collins, Co 80522� � v Y RE: Creekside PUD Improvements��f%< Dear Paul: As we discussed over the phone, the following is an outline of the proposal Fairfield Companies and B. K. Maxwell are making to the City to complete the required improvements for Creekside PUD. CitylLFairfield Documents 1. Modification to the Creekside Development Agreement allowing the modified cul-de-sac on the Daugaard property to satisfy emergency vehicle access requirements. 2. ' Amendment to Creekside PUD substituting the Modified cul- de-saci,for the access between Lots 18 and 19. C}ty/Fairfield/Maxwell Agreement 1. Upon closing by Maxwell on the Daugaard property, Maxwell would give the City an easement for the modified cul-de-sac. Also upon closing, Maxwell would give P�Id a storm drainage easement for drainage from Lot 13. Upon delivery of a copy of such storm drainage easement to the City,, the City would release $3,000 of the $3,700 in the storm drainage escrow to Maxwell. The remaining $700 would be released to Fairfield or its assignees. 2. On closing, Maxwell would be required to grade and install road base for -the modified cul-de-sac per an approved design within 60 days after closing and to complete all cul-de-sac improvements within 120 days after closing. On completion of the grading and road base installation and acceptance by the City, the City would 1992-04-02 14:52 1 303 482 3038 r r' Paul Eckman, Esq. April 2, 1992 Page 2 MARCH & MYATT. P.C. release $4,000 to Maxwell from the $18,750 escrow for that work. Upon completion and acceptance of the cul-de-sac, the balance remaining in the $18,750 escrow would be distributed as follows: (a) $9,500 to Maxwell; and (b) $5,250 to Fairfield or its assignees. 3. Fairfield would be required to construct the storm drainage improvements within 60 days of the closing. Upon acceptance by the City, the City would release the $4,275 in escrow to Fairfield. 4. Upon (a) execution of this agreement and the documents referenced above, (b) execution and delivery of the cul-de-sac easement and the drainage easement referenced in paragraph 1 above and (c) completion of the grading and road base installation, the City would release all of the building permits for Creekside PUD and the building permits for the Daugaard/Maxwell property. No certificate of occupancy would be released for Lots 18 and 19 or the Daugaard/ Maxwell property until completion and acceptance of the cul-de-sac improvements. 5. In the event either the grading or the road base installation is not completed within 60 days or the cul-de-sac is not completely finished within 120 days, the City may contract for the remainder of the work in accordance with Code requirements and the approved design for the work and pay the costs for such work from the escrow account held for that purpose ($18,750). In the event the storm drainage work is not completed, the City may also contract for that work and apply funds from the storm drainage escrow to pay ithe costs. The above proposal gives the City several layers of protection. It assures that before the City releases any further permits, it has money in escrow for all improvements and it has easements for the modified cul-de-sac and the drainage from Lot 13. It also has a series of agreements approving the modified cul-de- sac, requiring the construction of the cul-de-sac and the storm drainage improvements within specified time periods and providing for use by the City of the escrowed funds if those improvements are not made. If the parties do not live up to their commitments, the City has the easement on which to construct the cul-de-sac. More importantly, the City has the money and the authorization to Complete the cl-de-sac and the authorizationimprovements. toc complete the storm drainage improvements• This agreement fully protects the City while allowing the project to continue and the access improvements to be made in a r'' 017 P02 1992-04-02 14:54 1 303 482 3038 MARCH & MYATT. P.C. 017 P03 Paul Eckman, Esq. April 2, 1992 Page 3 manner more acceptable to everyone. Time is of the essence. I would appreciate it if you could speak with Mike Herzig today and let me know today if I can proceed to draft the appropriate documents. Thank you for your cooperation. Sincerely, MARCH & MYATT, P.C. By: Luc a A. L�.ley LAL/glr cc: Mr. Ken Slyziuk Mr. Bill Albrecht Mr. Bruce Froseth Mr. Mike Herzig HPDesk Local Print for Dave STRINGER Start of Item 12. Message. Dated: 04/21/93 at 1434. Subject: Westshore condos Sender: Warren JONES / CFC52/01 Contents: 2. TO: Dave STRINGER / C:FC52/01 Part 1. FROM: Warren JONES / CFC52/01 TO: Dave STRINGER / CFC52/01 Part 2. Dave, I took a look at the Cul-de-sac at the end of the condo parking lot of this project. It is ceartinly the most inusuall cul-de-sac I have ever seen but it appears to be of the right size as shown on the drawing. I expect we wil have parking problems on it but given the history of how it got there I don't want to drag up the whole thing again. When its done I'll take some pictures so we know not to let this happen again. Thanks for calling. Warren End of Item 12. -)xtire Managing and Leasing Property for Management Inc. Residential, Commercial, Shopping Centers and Homeowners Associations August 24, 1995 City of Fort Collins Stormwater Utility P.O. Bo:, 580 Fort Collins CO 80522-0580 RE: Harmony Cove Condominium Association at the Landings Dear Sir or Madam, As the Board of Directors for the Harmony Cove Condominium Association, ire are requesting assistance and guidance from the City to resolve a water issue which the 41 condominium units are facing. With the endless rains this Spring, approximately 1/3 of the condominium units experienced flooded basements and severe water damage. Several of the condominium owners installed sump pumps in an attempt to never be required to experience this type of loss again, since each owner had to bear the full cost of replacement and repairs caused by the water. At the time the sump pumps were installed, we obtained the advice from Rodney Albers of the method we needed to utilize to drain the water away from the buildings. Mr. Albers gave us copies of the Fort Collins Code and informed us that the Association would need to pipe the water from each building, along the perimeter of the property, into the two ponds to the north of the Association. Since the time of the meeting with Mr. Albers, maintenance was needed to repair/replace the lining of the two ponds and the ponds were drained. When the two ponds were drained, the level of water in the sump pumps dropped 20" to 24" in two days! Obviously, the two ponds are leaking and the water is backing up and as a result, water is coming up through the floors of the condominium units. Our request is that we are given the information regarding the design of these two ponds. We realize that the ponds are man- made and are situated on private property. At the time the permit was issued to construct the ponds, was the water level stipulated, maintenance schedule detailed, or maintenance responsibility outlined? The condominium project was turned over from the developer in 1986 for a time frame of when the subdivison was being constructed. G`f 706 South College Fort Collins, Colorado 80524 (970) 224-9204 Your response should be sent to: Harmony Cove Condominium Association c/o Foxfire Property Management, Inc. 706 South College Avenue Fort Collins CO 80524 If these ponds were designed to accommodate any and all surface water, the wager level must be maintained at a level which would allow the fluctuation. If you have any questions, you may contact Carrie at Foxfire Property Management at 224-9204. Thank you. aul Bonazzoll, President Abigai ar c -Pre ident J�Ame� Steven, SCfre`V-./Treas. r J� dr on,, Director cc: James Martell, Association's Attorney Landings Community Association, Inc. Empire Laboratories, Inc. GEOTECHNIGAL ENGINEERING & MATERIALS TESTING July 20, 1989 Fairfield Homes 2618 South Deframe Circle Lakewood, Colorado 80228 Re: Creekside at The Landings Filing 4 Fort Collins, Colorado ELI Project No. 7861 Gentlemen: CORPORATE OFFICE P.O. Box 503 • 301 No, Howes Fort Collins, Colorado 80522 (303) 484-0359 FAX No. (303) 484-0454 Lzi"4�' JUL 2 41989 Empire Laboratories, Inc. observed the sanitary sewer trench excavations for the services to Lots 18 and 19 at the above -referenced subdivision on June 19, 1989. The purpose of our observations was to determine the depth to bedrock in the roadway areas. Our observations indicated that weathered bedrock was encountered approximately three (3) feet below existing grade, and firm bedrock was located at a depth of approximately five (6) feet below the grade existing at the time of our observation. In addition, cut and fill stakes located in the areas indicated that an additional two (2) feet of fill was yet to be placed in these areas. If you have any questions on the contents of this letter or require additional information, please contact us at your convenience. Very truly yours, R. ly •; EMPIRE LABORATORIES, INC. v: Fes. f a �/ 20475 Materials Field Services Manager 4xx��. terialss;DAAl cic cc: City of Fort Collins Engineering Inspection Division - Lance Newlin Will Offices P.O. Box 16859 P.O. Box 1135 RO. Box 1744 P.O. Box 5659 Colorado Springs, CO 80935 Longmont, CO 80502 Greeley, CO 80632 Cheyenne, WV 82003 (719) 597 2116 (303) 776-3921 (303) 351-0460 (307) 632-9224 Member of Consulting Engineers Council FoAre c>-7 '4� ' 7- . r. Managing cnd Leasing Property for Management Inc. Residenfici, Commerad. ShopFing Centers and Homeowners,4ssociaticns October 10, 1989 � oe a 44 Mr. Glen Schlueter City of Ft. Collins, Storm Water &Utility D ' � F.O. Box /" Ft. Collins,sCo. 80522 61 Re: Fairfield Development — Creekside Dear Mr. Schlueter, I am writing on behalf of the Harmony Cove Homeowners Association located at 4255 Westshore Way. Fairfield is presently developing a new community, Creekside, which borders Harmony Cove on the north and west sides. The Board of Directors for Harmony Cove have reviewed the drainage plan for Creekside and have expressed some concerns regarding possible water problems at Harmony Cove in the future. The Board is especially concerned about the west side of Harmony Cove as the ground level is several feet above the Harmony Cove ground level on that side. Although the plans appear to allow for adequate drainage, the Board requests that the City of Ft. Collins inspect the site for proper grading prior to "final" acceptance. We thank you in advance for your understanding and consideration in this matter. If you have any questions or would like to discuss this further, please give me a call. Sincerely, ,� i ✓Yvsvi�� Jamie L. Homan, Homeowners Division cc: Board of Directors Fairfield Company, Inc. 706 Scuth College Fort Collins, Colorado 80524 (303) 224-9204 ®J r.' Mr. Stephen J. Roy RE: Creekside at the Landings P.U.D. July 27, 1989 Page 3 acceptable to Fairfield. It is also my understanding that Frank Vaught has preliminarily designed a cul-de-sac, reconfiguring and dividing up the four-plex, which may be acceptable to the Fire Department. In any event, it is up to the City to advise Fairfield of an acceptable alternative to the approved cul-de-sac, to obtain the consent of the lienholder to the same if the City so desires and to do so before the approved cul-de-sac will be constructed in approximately the next seven days. Please call as soon as possible so that we can explore an acceptable alternative. Sincerely, MARCH & MYATT, P.C. L LAL/lam Enclosures cc: Mr. Ken Slyziuk Mr. Mike Herzig Mr. Frank Vaught VAUGHT �H FRYE ' architects March 13, 1989 Robert B.' Pity si nger The Osprey Development Corp. The Jefferson Building #200 450 West Jefferson Ave. Englewood CO 80110 Re: Turnaround at Harmony Cove/Administrative Change #8-35 Dear Robert, Further to your letter of February 23, 1989, we are now proceeding with the documentation and submission to the City of Fort Collins the administrative change for the turnaround at Harmony Cove. We enclose planning division application forms for you to please complete, sign on Osprey's behalf and return to this office. Also enclosed is a red -lined copy of the plan which will be submitted to the city with the completed forms. The approval for Fairfield Homes current planning submission to the city is dependent on approval by the Harmony Cove Homeowners Board of Directors, of this administrative change. We meet with the Homeowners on March 21st and would appreciate your returning the completed application form to us in time for the meeting. If you have any questions, please do not hesitate to call me. Et Sincerely, r° Tony Hughes VAUGHT*FRYE ARCHITECTS a TH/r, 4{ a ry1ry p: a• I j { ! i I land planning • architecture r.I 2900 S.Col lege Avenue Find Collins.Colorado.8(1525 (3011l'la 2it(lli I ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER MA13CH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS. COLORADO 80524-2880 (303) 462-4322 TELECOPIER (303) 482-2962 July 31, 1989 Mr. Paul Eckman Assistant City Attorney 300 LaPorte Fort Collins, Colorado 80521 RE: Creekside at the Landings P.U.D. Dear Paul: ARTHUR E. MARCH 1909-198I MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522 RECEi'VcD AUG 2 1989 CITY ATTORNEY Enclosed please find a copy of a redesign of the emergency access cul-de-sac and the reconfigured duplex lots. This redesign has the advantage of providing equivalent emergency vehicle access for the City at roughly the same cost to Fairfield (although Fairfield will incur additional design costs). From the standpoint of the lienholder, the redesign presents significant advantages: it preserves four developable units; it actually enhances the value of those units given the siting of one of the duplexes adjacent to the water feature; it provides all required parking spaces and garages necessary for the four units; and it provides required emergency access to the units. A significant disadvantage to Fairfield is that the redesign will not allow for the two additional parking spaces which had been promised to the Harmony Cove Homeowners Association by agreement of March 27th. This agreement would need to be amended if the redesign were to be used. Fairfield is prepared either to construct the cul-de-sac as originally approved by Administrative Change or to finalize the redesign and construct the same (provided the concurrence of the Harmony Cove Homeowners Association can be obtained). Please advise as soon as possible which option the City would prefer. Sincerely, MARCH & MYATT, P.C. B ucia A. T. LAL/lam Enclosures cc: Mr. Ken Slyziuk Mr. . I,'rank Vaught EF.0 TELEk--OFiER 495;27- 7-89; 7:45AM JUL '39 09:48 `'AUGHT*F"RYEf ARCtHI • 3034822962;# 2 1 F . c!2 ' - --- 15 II It M I4 1(