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HomeMy WebLinkAboutMULBERRY AND LEMAY CROSSING FILING NO. 3 - Filed GC-GENERAL CORRESPONDENCE - 2016-05-18i-i le: 9tx%ber% o,,Nd, Laewwk (-YOSs��.�� ���►n81 1'i0. 3 'Fp? M 003-1 of ��rtf April 21, 2015 Lucia Liley, Esq. Liley, Rogers & Martell, LLC The Peter Anderson House 300 South Howes Street Fort Collins, CO 80521 Re: Mulberry and Lemay Crossings Filing No. 3 Request for Waiver Dear Lucia: Planning, Development & Transportation Administration 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221,6601 970.416.2081 - fax fcgov.com/pdt You have, by letter dated March 30, 2015, requested that I waive the requirement that the plat for Mulberry and Lei -nay Crossing Filing No. 3 contain a maintenance guarantee and a repair guarantee, and you have also requested that the City agree that this plat need not contain any certificate of dedication. The reasons given for this request are that all of the public improvements have already been constructed and guaranteed for the requisite period of time and that no additional public improvements are to be installed in Filing No. 3. Furthermore, all dedications have previously been accomplished in Filing No. 2 or in other documents and that, therefore, there is no need for a certificate of dedication for Filing No. 3. I agree. Land Use Code Sections 2.2.3(C)(3)(g) and 3.3.2(C)(2) require the inclusion of maintenance and repair guarantees but I am persuaded that the granting of this waiver will not result in any detriment to the public good, including, without limitation, detriment to the interest of the public in the real property conveyed on the plat, and will not result in any harm to the health, safety and general welfare of the City and its citizens. Accordingly, as authorized pursuant to Section 2.2.3(C) of the Land Use Code, I am waiving the requirement of the inclusion of a maintenance and repair guarantee on the plat for the Mulberry and Lemay Crossing Filing No. 3. Furthermore, since all dedications have previously been made and no new dedications are required for the limited purposes of Filing No. 3, the inclusion of dedication language is unnecessary for that filing. In your letter, on pages 3 and 4, you proposed three informational notes that should be added to the Filing No. 3 plat. I believe that the first sentence of the second note should be changed to read as follows: All easements laid out on this plat (the "Easements") have been previously dedicated by the plat of Mulberry and Lemay Crossing Filing No. 2 or by separate instrument as noted on this plat. In the third note, I found a typographical error in the second sentence, third word. The word "even" should be changed to "event". With those changes I would request that the notes be placed on the plat for Filing No. 3. Sincerely, Karen Cumbo Planning, Development and Transportation Director cc: Paul Eckman, Sheri Langenberger, Rick Richter, Laurie Kadrich