HomeMy WebLinkAboutROHRBACKER PUD - Filed GC-GENERAL CORRESPONDENCE - 2005-06-22MARCH & MYATT, P.C. ]U
ATTORNEYS AND COUNSELORS AT LAW
ARTHUR E. MARCH, JR, 110 EAST OAK STREET
RAMSEY 0, MYATT FORT COLLINS, COLORADO 80B24-2860
ROBERT W. BRANDES, JR.
RICHARD S. GAST (303) 462-4322
LUCIA A. LILEY TELECOFIER (303) 482-2962
J. BRADFORD MARCH
LINDA S. MILLER
DARRELL V. GOODMAN
November 26, 1990
1' Nov 2 1990
ARTHUR c, MARCH
1909-19B'.
MAILING ADDRESS'.
RO. BOx 469
FORT COLLINS, CC BO522
Mr. Mike Herzig
Engineering Department
City of Fort Collins HAND DELIVER
281 N. College Avenue
Fort Collins, CO 80521
RE: Rohrbacker PUD - Development Agreement
Dear Mike:
As we discussed, enclosed please find a copy of the revised
Special Conditions. A new paragraph 4 has been added to the
Special Conditions granting permission to the Developer to encroach
into the East Magnolia Street right-of-way for the improvements
shown on the site plan until such time as East Magnolia Street may
be extended.
If you have any questions, please give me a call. If not,
please prepare an original Development Agreement that incorporates
this change and send it to me. I will then get the Spechts' and
Mrs. Rohrbacker's signatures on the Agreement and return it to the
City so the Spechts can get a permit to begin building the fence.
Thank you for your help.
By:
LAL/glr
Enclosure
Sincerely,
MARCH & MYATT, P.C.
DEVELOPMENT AGREEMENT
SPECIAL CONDITIONS:
1. East Magnolia Street Right -of -Way
a. Street and Streetscape Improvements
That portion of the East Magnolia Street right-of-
way adjacent to the property shall be improved to City
standards at such time as said street is extended into
the undeveloped property lying west of the development
or at the time additional buildings are approved on the
development. When such extension or additional buildings
occur, the Developer shall install such right-of-way
improvements at his sole cost or, at the option of the
City, shall participate in the formation of a special
improvement district therefor.
The landscaping within the forty -foot (40 ft.)
setback adjacent to the East Magnolia Street right-of-
way ("Streetscape") shown on the site plan shall be
installed by the Developer at his sole cost at the time
improvements to East Magnolia Street are required as
herein provided.
In the event that a portion of the development with
frontage on East Magnolia Street is transferred to a
third party, the owner of the property so transferred
shall be responsible for the payment of a pro rata share
of the costs of the street and Streetscape improvements
based upon the percentage of frontage to the whole
frontage to be improved. The provisions of this
paragraph shall be deemed to constitute a covenant of the
Developer running with the property and shall be binding
on the Developer and any subsequent owner of the property
or any portion thereof. This Agreement shall be recorded
in the Clerk and Recorder's Office in Larimer County,
Colorado. Further, the Developer hereby covenants to
include such restrictions in any documents transferring
any interest in the development to a third party.
b. Storage in the Right -of -Way
No storage of any vehicle or part thereof shall be
allowed in the East Magnolia Street right-of-way.
Storage shall be allowed in the forty -foot (40 ft.)
setback adjacent to such right-of-way until such time as
the East Magnolia improvements are required to be
installed as herein provided. All costs necessary to
remove any items stored in such setback shall be borne
solely by Developer.
2. Drainage of Fluids and Storage on Site
All fluids shall be drained from vehicles prior to storage
and/or salvage on site, and all such drainage shall be conducted
solely within a building or buildings on the property and in a room
with concrete. flooring.
Storage of motor oil, differential grease, brake fluid,
transmission fluid and antifreeze on the property shall be limited
to one 30-gallon barrel of combined motor oil, differential grease,
brake fluid and transmission fluid and one 30-gallon barrel of
antifreeze. Each 30-gallon barrel shall be stored within a
building in a room with concrete flooring, and each such barrel
shall be encased in a 50-gallon barrel surrounded by a cement
barricade three (3) feet in height.
Gasoline: shall be drained and used to operate equipment and
vehicles used on the property. Any storage of gasoline on the
property shall be in closed containers within a building with a
concrete floor. Storage of freon shall be limited to one 25-pound
high pressure drum or freon canister. Transmissions and batteries
shall be stored within buildings on shelving and/or wooden racks
above the floor until recycled.
All storage shall conform to current City Fire Code provisions
and applicable state and local hazardous waste regulations. T h e
provisions of this paragraph shall not be construed in any way to
exempt the Developer from complying with all environmental laws and
regulations that may be applicable to the activity being conducted
on the development.
3. Crushing and Stacking of Vehicles
No stacking or crushing of vehicles shall be permitted on the
property.
-4% C. Encroachment Permit
The approved site plan requires installation of fencing, a
i_ gate and landscaping which lay within the East Magnolia Street
right-of-way. The City hereby grants permission to the Developer
i to encroach into such right-of-way for the improvements shown on
the site plan until such time as East Magnolia Street mad ---be 03
extended as described in Paragraph�at *hr, Special Gn'-'*'"�---t-O