HomeMy WebLinkAboutPINNACLE TOWNHOMES - Filed GC-GENERAL CORRESPONDENCE - 2005-05-27MYATT BRANDBS & GAST
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BRIAN R_ I LONI
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January 10, 200,
Dave Stringer, Decelopn:cnt Review Manager
City of port Collins rnginecring Department
281 N. Colleec Avenue
fort Collins_ CO 80524
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Dear Mr.Sningee
This Iron represents pinnacle FTC, the developer of the Pinnacle Townhomes project.
IhIINION1_ (970)482-4846
1 m,mylll1 (970)482-3038
I null'. reasl,)vcrinct.com
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You have expressed concern about the fact that cantilever nooks/bay windows and window wells on some of
the nlwnholnC units will extend hcvond the lot lines for those townhomes and into the common elements (which
common clancuts kill be owned by the homeowners association).
The pinnacle 9 owuhomes project will be subject to a Declaration of Covenants, Conditions and Restrictions.
That Declaration will be recorded immediately after the final plat is recorded. The bay window and window well
encloachrncnt issue is specifically addressed in two provisions of the Declaration (both of which are enclosed 101 your
reference), article 3 9 specifics that the encroaching bay windows and window wells arc limited common elements
alloealcd for the csclusive use of the units to which they are attached. Article 11.9 creates a valid easement for the
cnc roachmcnt otthe hay windows and window wells into the common elements. Furthermore, Article 11.9 provides
that the encroachment and re.sultine easement will not impair or otherwise adversely affect the marketability of title to
Calm the common elements or the enaaachiug unit.
As a result of these provisions in the Declaration, the encroachments will not create any title problems or issues
with mortgage lenders. Indeed. 1 ham worked on a couple of similar projects in the past which had these types of
encroachments and, as a practical matter, no title or mortgage lending concerns have arisen.
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Very truly yours,
MYATT BRANDES & GAST PC
Richard S. Gas
RSOi pck
Iinclosures
cc: Russ Wells (w/encl.)
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