HomeMy WebLinkAbout120 CHERRY ST., CHERRY ST. STATION - PDP - 9-05 - CORRESPONDENCE - PRIVATE ENTITIESThe 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property, the objectives raised herein shall be withdrawn and the Railroad will agree to the
Project Development Plan adjacent to the Railroad.
Should you have any questions or would like to discuss further, please call me to discuss.
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Gre g A. Larsen
Manager Real Estate
(402)544-8552
September 6, 2005
Anne H. Aspen.
City of Fort Collins Colorado
Current Planning Department
281 N. College Avenue
Fort Collins, CO 80524
Re: Cherry Street Station — Project Development Plan, #9-05
Dear Ms. Aspen:
This is to acknowledge receipt of your August 24, 2005 letter regarding the Administrative
Hearing for the Cherry Street Station Project Development Plan, #9-05 for a mixed -use building
for residential and office space. 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 100' wide being 50' on either side of the branch track
centerline. Any development plans provided by Applicant must reflect the Railroad's 100' wide
right-of-way. 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 unbuffered freight rail operations. 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 successors and assigns of Grantee."
Real Estate
UNION PACIFIC RAILROAD
1400 Douglas Street, Stop 1690
Omaha, Nebraska 68179-1690
fx.(402) 501-0340