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HomeMy WebLinkAboutGRANADA HEIGHTS PUD REPLAT LOTS 8-29 - Filed GC-GENERAL CORRESPONDENCE - 2004-08-06STEWART&ASSOCIATES Consulting Engineers and Surveyors March 17, 1992 Mr. Jeff Laughren 965 Nantucket Windsor, Colorado 80550 Dear Jeff: This is regarding the scheduling for the final approval of the Replat of Lots 6 through 29, Granada Heights P.U.D. The project has been continued until the April 27th Planning and Zoning Board Meeting. The PMT, colored rendering and ten prints of the revisions will be due April 20th. The final documents, which are the Utility Plans, the Final Subdivision Plat and the Development Agreement, must be signed by April 23rd. There is a'.10—day appeal period after the Planning and Zoning Board Meeting before the subdivision plat may be recorded. I I will submit the revis�d utility plans this week so that there will not be a "crunch" time in April. If you have any questions regarding this matter, please call. Sincerely, Richard A. Rutherford, P E. & L.S. President jrr James H Stewart and Associates. Inc. 214 N. Howes Street PO Box 429 Ft. Collins, C080522 303/482-9331 ALLEN, ROGERS, METCALF & VAHRENWALD ATTORNEYS AT LAW P. O. BOX 608 FORT COLLINS, COLORADO 8OS22 GARTH W. ROGERS THOMASW. METCALF JACK D. VAHRENWALD DONALD E.JOHNSON,JR. J. BRIAN MCMAH ILL RUSSELL B. SANFORD ALLAN S. MASSEY Mr. Paul Eckman Attorney at Law City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80521 Dear Paul: WILLIAM H.ALLEN (1917-1990) 125 SOUTH HOWES,SUITE 1100 April 22, 1994 TELEPHONE (303) 482-5058 FAX (303) 482-51 75 APR 2 8 1994 Please be advised that this office represents Clifford Kight. As you know, he owns a lot in Granada Heights P.U.D. He bought the lot and inquired of the City through all of the various branches, what would be necessary to build on the lot. He obtained a building permit and has not completed construction. He has now been informed that no certificate of occupancy will be issued unless the streets are put in at his expense. I reviewed the subdivision agreement dated the 20th day of August, 1979 between the City of Fort Collins, Colorado and Charles C. Lockman and Arlo Deines, the Granada Heights Subdivision Amendment No. 1 dated the 31st day of March, 1987 with University National Bank and the City of Fort Collins, Colorado and the development agreement dated the 20th day of May, 1992 between the City of Fort Collins and Jeffrey P. Laughren. It appears to me that the City is not in a position now to deny a certificate of occupancy when they granted a building permit after inquiring and made no indication as to additional times it may be required. I think the City is certainly estopped from denying the certificate of occupancy under those circumstances. It also appears abundantly clear that when the City contracts under a development agreement, the City has the responsibility to see that the development agreement is carried out by the developer, and not at the expense of an individual who has purchased one of the lots. I 'think there are all kinds of legal theories under which Mr. Kigh.t could prevail under the various development and subdivision agreements against the City. Mr. Paul Eckman April 22, 1994 Page 2 Obviously, no one wants litigation in this matter; however, it appears to me that the proper method of resolving this would be to have the City go ahead and issue a certificate of occupancy and assess the liability where it is appropriate, that is to the developer under the development agreement. This matter has drug on for several weeks. I would appreciate a prompt response. Very/truly yours, Thomas W. Metcalf TWM:awb Commc- tv Planning and Environmental Engineering Department rt lct-s City of Fort Collins DATE: TO: FROM: RE: MEMORANDUM May 3, 1994 Paul Eckman, Deputy City Attorney Mike Herzig, Development Engineering Manager I' Clifford Kight This memo is in response to your memo dated April 28, 1994, requesting that I review the reasons why Clifford Kight was being required to pave a street adjacent to a lot on which he is building. You attached a copy of a letter to you from Tom Metcalf, attorney for Clifford Kight, dated April 22, 1994. This is in response to comments made in that letter. The property in question is lot 6 of Granada Heights Subdivision with an address of 801 Aztec Drive on the corner of Aztec Drive and Alameda Street. The letter states that Mr. Kight inquired about what would be necessary to build on the lot. Most inquiries of this nature are directed to Dave Stringer, Chief Construction Inspector, in the Engineering Department. Dave talked to many potential builders about the lot and the paving required but, he does not recall talking to Mr. Kight before the building permit was issued. However, the building permit issued, and signed by Mr. Kight (copy attached), has a note on it stating "need to reconstruct west stub of Alameda Street subgrade base course material and install asphalt pavement prior to the release of any certificate of occupancy." Therefore, I believe that Mr. Kight was aware of the requirement to pave the street. Mr. Metcalf references two development agreements and an amendment to the earliest agreement as foundation for the City requirement to pave the street as unfair. I have attached copies of the agreements for your reference. The following is a summation of the criteria we used to determine that reconstruction and paving of Alameda Street adjacent to lot 6 must be completed prior to the issuance of a certificate of occupancy for lot 6. The agreement that pertains to street construction and this lot is the Subdivision Agreement dated August 20, 1979. I cannot find in the agreement any reference to paving prior to the issuance of a certificate of occupancy. It does state in paragraph 6.c. on page 5 what has to be completed prior to the '81 'Forth College Arenue • P.O. Bos 580 • Fort Collins, CO 8o�22-O5iS() issuance. of a building permit, which is everything except the asphalt pavement. The curb, gutter, sidewalks and the base course were installed several years ago in accordance with the agreement. Since the street was never completed with paving, it was never accepted by the City. Also, since the base course was never covered with pavement, it became contaminated with mud, erosion, weed and other vegetation growth, requiring that the base course be reconstructed. In paragraph 8.c. on page 6 of the agreement, it states that nothing in the agreement shall be construed as a waiver of the requirements in the City Code. Section 29-679 states which improvements must be completed prior to the issuance of a certificate of occupancy. Paragraph (a)(3) Streets and Alleys. in that Code Section specifically relates to streets. Paragraph 8.b. on page 6 of the August 20, 1979, agreement covers the passing on of the developer's responsibilities to their assigns. We consider the current lot owner to be an assign. Section 24-95, paragraphs (a) and (c) also establish a foundation for the City requirement for the completion of the street. Let me know if you need any further information. Attachments: Building permit 2 development agreements 1 amendment agreement Map cc: Greg Byrne Gary Diede Steve Roy Dave Stringer