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HomeMy WebLinkAboutPEAK VIEW - Filed GC-GENERAL CORRESPONDENCE - 2004-08-25Kuuj Survc vor� nr. June 22, 2004 RE: Language of Vacation Peak View Amended Plat Ms. Sheri Wamhoff C/O Engineering Department City of Fort Collins 281 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 Dear Ms. Wamhoff: v299 Ri 7r an Park nave n,n , I.(, We have made the changes as requested by the June 2, 2004 review of the above subdivision. Including the change in the language of the property owners statement as requested. I however have a problem with the lack of verbiage relative to the vacation of the platting of the underlying property in the process of this replat. I have spoken with Mr. Wally Muscott, PLS in this matter who also has the same opinion as the engineering department, which is apparently the City of Fort Collins position in this matter.. In my professional opinion however, the word "vacate" and other appropriate language must be included within this type of document to insure that the position of, and existence of, all parcels or usages previously created by prior plattings, be it lots, blocks, tracts, outlots, and easements are set aside, canceled, rescinded and expunged. The simple act of replatting without this language, in my professional opinion, does not cause the above positions and or usages to be vacated. In other words, these new positions and usages are created on top of existing underlying platted usages, which are not extinguished because of the lack of language staling the explicate desire of the current property owner to do so. Granted, it would appear that the "intent' of the property owner is to vacate the underlying platting, but intent is purely subjective. My opinion of what the intent of a person is, will not be the same as someone else. And something subjective is not what you desire in a legal document. The intent of the parties should be stated as concisely and explicitly as possible without any need to determine what their "intent' is or was. Pagel of 2 I do however note that the City does use appropriate language relative to the vacation of previously platted casements. Why then is this language necessary to vacate these casements if the simple act of replatting is sufficient in all other matters'? I do not understand this incongruity. The intent of this letter is two fold. First, to express my opinions in this matter and to possibly get the City to rethink it's position. Secondly, but more importantly, to protect myself should at some future point in time there is a legal issue in this matter. Obviously, I do not believe that the language as required by the City is sufficient to extinguish the underlying platting. That the language as included thereon is required by the City of Fort Collins and is not the language that in my opinion is necessary in this matter. 1 would be pleased to discuss this matter with you or other parties within the City should there be a desire to look into this matter further. Respectfully submitted, Charles B. Jones, PLS cc Mr. Don Leffler Mr. Wally Muscott, PLS Page 2 of 2 Utilities electric • stormwater • wastewater • water City of Fort Collins MEMORANDUM Date: June 24, 2004 To: Vicki Wagner - Owner Don Leffler — Project Applicant Lance Newlin — Chief Construction Inspector Joe Crabill — Engineering Inspector Sheri Wamhoff — Engineering Development Review Jay Barber — Stormwater Inspector Ed Wendel — Ditch Rider for the Pleasant Valley and Lake Canal From: Glen Schlueter — Stormwater Development Review Subject: Peak View detention pond retaining walls This memorandum is to summarize the agreements decided upon in a field meeting on June 26, 2004. The first item discussed was that the retaining wall design needed to be revised to carry heavier loads on the path/road between the irrigation ditch and the detention pond. David Pacheco with Slaton Brothers Custom Retaining Walls, submitted a revised wall design to incorporate a live load of 150 psf for traffic loading on the path. I got a copy to Sheri Wamhoff for review. Sheri and I had a discussion with David and he will have the revisions and the 24 X 36 mylars delivered to me the first part of next week. Since the irrigation ditch is running with water and seepage could be seen, it was agreed that the excavation for the retaining wall along the irrigation ditch should not be done with water in the ditch. Ed Wendel with the PV&L Canal thought that he will probably not be running water much after the first part of August. So as to not stop construction in the Peak View development, it was agreed with certain conditions that one more building would be allowed in the northern part of the development. This would allow the sidewalks and landscaping to be completed along Elizabeth. In order to release an additional building permit (this will be one more than allowed in the original development agreement) the following four conditions and actions need to be completed: 1. The development agreement will need to be modified to allow an additional building, 700 Wood St. • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6700 • FAX (970) 221-6619 • TOD (97U) 2L4-6Vu3 e-mail: utilities@fcgov.com . www.fcgov.com/utilities 2. All of the detention pond retaining walls, except the ones along the irrigation ditch, need to be constructed and certified. 3. The total site drainage certification is still needed, but will not include the portion of the detention pond or retaining walls along the irrigation ditch. They will need to be certified separately. The total site certification shall include all other items on the standard Drainage Certification Form. 4. As part or the total site certification there are a couple of outstanding items to note. one is the overflow swale from the pond on the east side of the development below the irrigation ditch which needs to be reshaped. The other is the grading and seeding of the Parks Department property which includes an overflow swale and opening in the back side of the inlet on Andrews Peak Drive near the western boundary. If you have any questions or additions to this, please let me know. Jay Barber will be the inspector along with Joe Crabil that will do a walk though when the drainage certification is submitted. Please allow up to 2 weeks to schedule the walk through after the certification is submitted.