HomeMy WebLinkAboutSPRING CREEK FARMS NORTH, FIRST FILING, FINAL PLAT - PDP - 24-00B - 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property, the objectives raised herein shall be withdrawn and the Railroad will agree to the
Recorded Exemption adjacent to the Railroad.
Should you have any questions or would like to discuss further, please call me to discuss.
Sierely,
Gr)e2g A. Larsen
Manager Real Estate
(402)544-8552
RECE,VED
FEB 0 7 �nn�
CURRENT PLANNING
January 31, 2005
City of Fort Collins Colorado
Current Pianning Department
281 N. College Avenue
Fort Collins, CO 80524
Re: Spring Creek Farms Final Plat — Case No. 24-OOB
Dear Ms. Martin:
This is to acknowledge receipt of your December 28, 2004 letter regarding Spring Creek Farms
Final Plat for the dividing of an existing parcel of land into two (2) separate lots. 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 150' wide being 75' on either side of the branch track
centerline. Any development plans provided by Applicant must reflect the Railroad's 150' 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 unbuffered freight rail operations. These
objectio^s reflect ., concern for rub!ic safely 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