HomeMy WebLinkAbout4237 Columbine Drive.pdf~amletllP
(303) 7 49-0660 -office
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jkamlet@kamletlaw.com
www.kamletlaw.com
3900 E. Mexico Ave.
Suite 300
Denver, CO 80210
October 5, 2018
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
RS2 LLC
5755 Oak Creek Lane
Greenwood Village, CO 80121
Attn: R!c'":::~'.:1 s~~ ·9rburg
Town of Vail
Community Development Dept.
75 South Frontage Road
Vail, Colorado 81657
Attn: Jonathan Spence
Holy Cross Electric
41284 Highway 6
PO Box 972
Avon, CO 81620
Attn: Utility Easement Section
AND
3799 Highway 82
PO Box 2150
Glenwood Springs, CO 81602
Attn: Utility Easement Section
LIV Sotheby's Realty,
228 Bridge St,
Vail, CO 81657
Attn: Ben Finn
RE: 4273 Columbine Drive, Vail, Colorado 81657 (the "Property")
Dear All :
This firm represents the owner of 4253 Spruce Way, Unit B, Vail, Colorado 81657
(the "Impacted Property"). We understand that each of you has some relationship
to the Property, and might be able to address the issues laid out below.
I am writing this letter on behalf of my client today to express his concern about the
placement of the rock retaining walls and storm drainage outlets on the western
boundary of the Property, adjacent to the eastern boundary of the Impacted
Property. As you can see from some of the photos and documents attached, the
rock walls appear to be located on top of portions of the 8' utility easement to
which the Property is subject. Further, the drainage pipe outlet is directed right at
the Impacted Property, almost adjacent to the property line itself.
4273 Columbine Drive
October 4, 2017
Page 2
The concern is twofold: First, based on the general change in the Property's topography along the
western property line, compounded by directing the storm drainage from the Property onto the Impacted
Property through the storm pipe, my client is concerned that runoff from newly impermeable surfaces,
grading changes, and landscaping from the Property's development are being directed onto the Impacted
Property, increasing the risk of flooding and other damage to current and future improvements located on
the Impacted Property. Second, by placing the rock walls on top of the easement, the 16' utility easement
equally straddling both property lines is effectively turned it into a single 8' easement solely located on the
Impacted Property. As a result, any future maintenance that Holy Cross would have to perform on its lines
running thereunder would only be able to be accessed through the Impacted Property, resulting in my client
bearing the entire burden of any disturbance of landscaping, irrigation, or other alterations.
The owner of the Impacted Property wants to be a good neighbor and has asked me to send this
letter as an advisory of the potential problems that surely have been inadvertently created by the
construction of the improvements on the Property. While the aesthetics of the residences built on the
Property are certainly spectacular, we would like to make sure that the aforementioned issues, which could
lead to material adverse consequences in the future, are addressed as early as possible in the construction
process.
We would like to begin a dialogue with each of you to quickly and efficiently resolve these
concerns.
Feel free to contact me with any questions or concerns.
Enc.
t. Scale I •-20• 10 20 Lot 14 Parcel B ~-S;' " • ,§> ~ "' Taluininunle,,pon•!518" "bfi,fO<fndin~ s!ampMI • LS 23508 • 'Its,,. 'a~ 0•'1,, 6'o ·Oo, O indicalnar11uminum~pona5/r rebu Ml, llllnf)ed • LS 23508 • ""-. ~. ·~. .s-s ~~t, ""-""-Improvement Survey Plat ""-""-:.1.,. + .s>r, 6:?0·~ ~:~t0 ,11, Part of Section 12, Township 5 South, Range 80 West of the 6th Principal Meridian ~~,.>: 30 Lot 15 Parcel A partywal I ""-""-·~ >. ·, ~6.9. '--. ""-""-·~Oj., +~,t4 ~'1, '5' ·, s,,. '--. COUNTY OF EAGLE, STATE OF COLORADO LEGAL DESCRIPTION: Parcel B, A Resubdivision of Lot 15, 131ock 9, Bighorn Subdivision Third Addition, according to the plat recorded June 18, 1993 in Book 611 al Page 668, Eagle County, Colorado. 719, + ""-<s "O• '-, ""-·"s• -~ o / Parcel B ~.,,, 0. 1883 Acres Location/orientation attached .,.,.,. '•,, deck ---._ ···· ..... , .. _/ o/l ~i SURVEYOR'S STATEMENT I, Leland Lechner, do hereby certify to Land Title Guarantee Co. and Bryan G. Stevinson that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Improvement Survey Plat is based upon a field survey under my direct supervision and correclly shows the location and dimensions of the parcel as the same are staked upon the ground in compliance with applicable regulations governing the surveying of land. ______ day of _____ , A.O., Leland Lechner Profossional Land Surveyor No. 23506 Rock walls are approximately here. /v .<:," -~ ,,,<o -, I Impacted Property! Black oval indicates drainage pipe outlet. Noles. "'"· 'v ~ I s,,., I 6'~ O•/i, <5',o_,, (;C'(\> 11,~ r.so, ) l' I I I j If I I 6'o ·Oo, I / I ./ I .~ I .n," ....... I ,?'o I . Shared property line I) Recorded mfonnallon and the legal description was provided by LWld TIiie Guarantee Co .. The easements !isled on Order No. ¥50031573 that lie v.1lhm the subjecl property and are dcscnbed m a way that allows them to be drawn, are shown on the drawmg 2) The beanngs are based upon monuments found at the Sou1h w1d West comers or Lot 14, Block 9, l3ighom l1lird Add111on. Each monument 1s a 2" aluminum cap on a 5/8" rebar stamped" LS 23506 The beanng from the South comer to the West comer 1s N 53° 18'30" W 'Ille measured d1s1ance between the monuments 1s 120 00'. 'l11e monuments set for this lmprovemcnl Survey Plar confirm rhe duplex: loca11on as planed m 1993 3) The lmeal uni1s arc m U.S survey foet Nole: According to Colorado law, you must commence any legal action based upon any defect on this survey withm three years after you first discover such defcc1. In no ernnt may any action based upon any defecl in this suney be commenced more than ten years from the date of certification shown hereon Leland Lechner PLS 30946 County Rd 356, Buena Vista, Co. 81211 ( 719) 395-9160