HomeMy WebLinkAboutJOHNSTON ANNEXATION & ZONING - 9-06 - CORRESPONDENCE - (3)The Railroad recommends that the City require the developers to incorporate similar language in
deeds for all lots abutting Railroad right-of-way, plus consider the need for a sound wall and/or
buffer zone.
Should the above requirements be met for any proposed development adjacent to the Railroad's
property, the objectives raised herein shall be withdrawn and the Railroad will agree to the
Recorded Exemption adjacent to the Railroad.
Should you have any questions or would like to discuss further, please call me to discuss.
Sin rely,
Gregg A. Larsen
Senior Manager Real Estate
(402)544-5552
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ALMUS RECEIVED
qu APR 17 2006
CURRENT PLANNING
April 12, 2006
City of For Cc.lin: Colo ada
Attn: Ted Shepard
Current Planning Department
281 N. College Avenue
Fort Collins, CO 80524
Re: #9-06 Johnston Annexation & Zoning — Type II
Dear Mr. Shepard:
This is to acknowledge receipt of your March 29, 2006 letter regarding the Johnston Annexation
& Zoning for the dividing of an existing parcel of land for medium and low density mixed use. I
have reviewed the above letter and object to such proposed use without the City's requirement of
a fence being constructed along the common property line of the Union Pacific Railroad
Company's adjacent branch line rail corridor.
The Railroad's corridor through this area is 300' wide being 150' on either side of the branch
track centerline. Any development plans provided by Applicant must reflect the Railroad's 300'
wide right-of-way (which they do). The proposed use as residential is contrary to the objectives of
public safety and general welfare, and conflicts with the Railroad's adjacent industrial use.
Therefore, at a minimum, the Railroad would request that a 6' chain -link fence be constructed to
protect its operating corridor. The Railroad has long objected to uses that combine human
occupancy or congregation near unprotected and unbufferea freight fail opcfaticns. These
objections reflect a concern for public safety and impacts from the generation of noise and
vibrations from freight operations.
The Railroad's standard requirements for conveying property contiguous to our operating
corridor is to include the following language in the body of the Deed:
"Grantee acknowledges that Grantor is operating (and will continue to operate) a railroad
upon its adjoining property, and recognizes that such operation may create some noises
and vibrations affecting the Property. Grantee accepts the Property subject to such noises
and vibrations, and hereby covenants to release Grantor from all liability, cost and
expense resulting therefrom. This covenant shall run with the Property, and shall be
binding upon the suceesors and assigns of Grantee."
Real Estate
UNION PACIFIC RAILROAD
1400 Douglas Street, Stop 1690
Omaha, Nebraska 68179-1690
fx.(402) 501-0340