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HomeMy WebLinkAboutPARK SOUTH PUD, PARCEL A - PRELIMINARY - 46-88A - LEGAL DOCS - RESPONSE TO APPLICANTCITY OF FORT COLLINS April 30, 1984 Douglas D. Konkel, Esq. Sorenson and Konkel 1405 S. College Avenue Suite One Fort Collins, CO 80524 RE: Lots 99 thru 112, Park South P.U.D. Dear Doug: In response to your letter of April 24, 1984, wherein you request confirmation of certain matters relative to Park South P.U.D., generally, and in Lots 99 thru 112, Park South P.U.D. specifically, please be advised as follows: (a) Conditions precedent to the construction of dwellings upon Lots 99 thru 112, Park South P.U.D., have not been met as follows: • The grading for the ditch on Manhattan Avenue needs to be completed as does the temporary turnaround for fire access on Boulder Street. • Additionally, the sidewalk needs to be constructed about the circumference of the specific lots. (b) Conditions precedent to the construction of dwellings upon the remaining portion of Park South P.U.D. are missing in total. That is, all utilities and access including water and sewer must be installed and to the City's knowledge, nothing has been completed at this time. (c) The requirements of the City of Fort Collins for raw water have been satisfied with respect to Lots 99 thru 112, as well as the remainder of Park South P.U.D. - see Brian Hahn's 4/26/84 letter enclosed herein. However, storm drainage has not been satisfied at all. Basin fees would have to be paid with each building permit. In addition, any and all such normal fees as are required at building permit time are still required. Such fees would include, but not by way of limitation, the parkland, street oversizing, water 300 LaPorte Ave.. P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6520 OFFICE OF THE CITY ATTORNEY Doug Konkel, Esq. April 30, 1984 Park South PUD page two plant investment fees and so forth. It is my understanding that the repays have been waived as to the Horsetooth Water Line. (d) The City would confirm that all water, sewer, service lines and electrical mains are in compliance with the requirements of the City of Fort Collins as to Lots 99 thru 112. As regards the remainder, none of the requirements have been met. (e) The asphalt paving in and on Manhattan Avenue and on the portion of Boulder Street have been constructed in accor- dance with the requirements and specs of the City of Fort Collins and have been accepted by the City of Fort Collins. (f) It is my understanding that Stream Court is a private driveway and, therefore, the Citv has no jurisdiction over the same. (g) Payment has been made for the construction and instal- lation of Manhattan Avenue and the City of Fort Collins has installed a 12" ductile iron water main thereunder. It is my further understanding that all other issues raised in your paragraph (g) can be answered by the statement that "all trans- actions have been completed." Please contact Bonnie Tripoli of the Planning Department if you require further clarification. (h) I have attached for your convenience, a copy of the subdivision agreement entered into the first day of April, 1980, by and between the City of Fort Collins and Greyrock Development Company, including Exhibits A and B attached thereto. I would confirm that they have been duly and properly executed and trust that absent any evidence to the contrary, they would be binding upon the City of Fort Collins. Presently, I am unaware of any additional agreements or addendums to this agree- ment, but would suggest that any utility plans and/or drawings are on file with the City Engineers as relates to this project. You might also want to check with the County Clerk and Recorder regarding any recorded documents pertaining hereto. Naturally, if the developer desired to change anything on Park South's P.U.D. (i.e., a replat, etc.) the developer would be required to build to current City standards. (i) I confirm that there is a recorded plat for Park South P.U.D. (noth South Park) and that it is recorded with 0 Doug Konkel, Esq. April 30, 1984 Park South PUD page three the County Clerk, and that you can proceed in accordance with that plat. (j) For your convenience, I have attached a January 6, 1981 letter from James H. Stewart & Associates regarding the detention pond for South Park. In addition, with regard to paragraph (c), I have enclosed an April 26, 1984 memorandum from Phil Waite, City Civil Engineer, to Bonnie Tripoli, City Planning Department, which is self-explanatory. Once again, I would advise that should the developer desire to change anything on the plat, and desire to build anything which is not presently constructed, he would be required to develop in accordance with current City standards. I hope this information proves helpful to you. Should you have any questions regarding the same, please feel free to contact me or Bonnie Tripoli of the City Planning Department at your convenience. KF:se Attachments For the City Attorney's Office Ken Frazier Assistant City Attorney • • RECE1'-./ED CITY OF FORT COLLINS WATER UTILITIES Nrr, 7 19$4 April 26, 1984 TO WHOM IT MAY CONCERN: PLANM!" -li 7EPARTMENT The City's raw water requirements on lots 99 through 112 in the residential area of the Park South P.U.D. have been totally satisfied. If there are additional questions, please contact the water department. kj Sincerely, kjvtlx� Brian Hahn Engineering Technician III WATER UTILITIES 700 Wood Street . P.O. Box 580 9 Fort Collins, Colorado 80522 • (3031221-6681 221-6685 0 • CITY OF FORT COLLINS STORM WATER UTILITY 101 • W N D J DATE: April 26, 1984 TO: Bonnie Tripoli, Planning Department FROM: Philip G. waite, Civil Engineer II - Storm Drainage Division OL -w "- RE: Park South P.U.D. Regarding item C in the letter from Douglas D. Konkel, dated April 24, 1984 to Ken Frazier, I have the following comments: 1. The major storm drainage improvements for Park South P.U.D. (the detention pond and the 36" RCP culvert under i'anhattan Avenue) have been completed. The 36" culvert has been approved by the City. Prior to the approval of the detention pond a field inspection by the Construction Inspection Division must be completed to insure that the pond has been constructed according to plan. Also an "as built" drawing of the pond must be submitted and approved. The developer will be responsible for completing any work that is required by the Construction Inspection Division and having his consultant submit the "as builts" prior to approval of the pond. 2. Maintenance of that portion of the 36" culvert within the public R.O.11. will be the City's responsibility. 3. Maintenance of the detention pond and facilities related to the working of the pond will be maintained by the developer until a home owner's association is created to take over maintenance. Therefore at this time there is a potential cost of maintenance repairs on the pond. 4. Storm. Drainage Basin Fees will be required for every unit that is constructed within Park South P.U.D.. An estimate of the fees and possible payment options can be obtained from Mick Mercer of our division. cc: Dave Stringer, Construction Inspection Division Mick Mercer, Storm Drainage Division Subdivision File Y �l 77 STORM WATER UTILITY 300 LaPorte Ave P 0. Box 580 . Fort Collins, Colorado 80522 . (3031 221-6605 japes $f S-te-wart and Assooia es"Onc. Consulting Engineers and Surveyors January 6, 1981 o Mr. Mauri Rupel Citv Engineering Department P.O. Box 530 Fort Collins, CO 80522 Dear Mauri: This is to inform you that we field checked the detention pond for Par} South for South Glen on January 2, 1981. The pond was built according to the approved pldn and has the designed storage capacity except the two permanent pools on the easterly side of the pond were eliminated and a permanent pool was built at the Manhattan Avenue side of the pond. The permanent pools were not included in the designed capacity of the deten- tion pond. The pipes, spillway and riprap areas have been constructed according to the approved plans. If I can be of further assistance in this matter, please advise. Sincerely, JAMES H. STEWART AND ASSOCIATES, INC. a (. 2t/Z l,,, , Richard A. Rutherford, P.E. & L.S. Secretary -Treasurer RAR/cjf xc: Harry McCabe Loren Dilsaver Oi- FICE-214 NORTII HOWES • P.O. }SOX 429 • VORT COLLINS. COWRAPO SU5_'2 • TELEPHONI.'30 t 1.2-93ji .r f SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 1,�it day of 04 A.D. 1930, by and between THE CITY 0: FORT CGLLINS, COLOR C,G, a ',Iunicipal corporation, hereinafter referred to as "the City," and GREYROCK DEVELOP- NIENT COMPANY, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: PARK SOUTH..P..U.D., located in the Northeast one -quarter of Section 35, Township 7 North, Range 69 ;,'est of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Develop- ment), a copy of which is on file in the Office of the City Engineer and made a part hereof by reference; and WHEREAS, the Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the develcpr;ent of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements prinnari ly of benefit to the lams to be developed and not to the City of Fort Collins as a whole; and • WHEREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requ re- ments and conditions which involve the installation of and construction of utilities and other municipal improveiients in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets, and other municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. The Developer agrees to install all water lines as shop -in on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property, or on other lands connecting the subject property to the existing City water distribution system. b. Such water lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer and applicable provisions of the City Code relating to the instal- lation of such lines, except as amended by agreement letter of June 1S, 1978 attached as Exhibit "B". c. The Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d.. Any water lines described on Exhibit "A," attached heret1c, shall be installed within the time re:;uired on Exhibit "A." If the City -2- Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the city, those lines shall be in- stalled within the time deter;nined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. In addition, the Developer agrees to repay the City for installing the main in Manhattan Avenue on the basis of an eight (8) inch line further clarified by Exhibit "B" attached hereto. f. The installation of said line shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property. b. Such sanitary sewer lines shall be installed in full com- pliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. The Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sever line described on Exhibit "A," attached hereto, shall be installed within the time required on Exhibit "A." If the -J- 9� 0 k City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the city, those lines shall be installed within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said lines shall be inspected by the Public Works Department of the City and subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Depart- ment shall install all electric distribution lines and facilities required for the subject property, and the Developer shall pay for such work in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the develop- ment. 5. Storm Sewer Lines and Facilities. a. The Developer agrees to install all storm sewer lines and facilities as shown on the utility plans. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. The Developer agrees to complete the installation of detention facilities prior to the issuance of more than 50 building permits and 25 certificates of occupancy. -4- 0 • d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of the Developer. f. The installation of all such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any defi- ciencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with paving, curb, gutter, and sidwalks. b. Such streets shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such streets. C. No building permit for the construction of any structure In the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base re- quire.. Furthermore, no building permit shall be issued by the City for any structure located in excess of six hundred sixty (660) feet from a single point of access. d. Any streets described on Exhibit "A," attached hereto, shall be installed within the time required on Exhibit "A." If the City Engineer determines that any streets shown in the utility ,lans are required to -5- provide access to other areas of the city, those streets shall be installed within the time determined by the City Engineer. e. All of said streets shall be installea at the sole expense of the Developer except that the City shall repay the Developer for construct- ing Horsetooth Road to arterial street standards rather than to local street standards. f. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the speci- fications applicable to such installation. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installed from main utility lines to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public saf ety. 7. Other Requirements. None. 8. (Miscellaneous. a. The Developer shall i;rc;i the City Engineer with certified record utility drawing transpar•_r.-; upon satisfactory completion of utility construeion for his use it _.:ing record mints for the City's files. b. This N.c r- ent Shill', i ;,i cling upon t,�- f art-ies hereto, their heirs, personal representatives, and assigns. c. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply With all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation AT EST: By CityMianager City Clerk APPROVED: try-;",��L.y�� hector of� Public —Works \,` Y �-City--Attorney GREYROCK DEVELOPMENT COINPANY Develop- er. C/ n 1 President RA • I C V U T Q T T IIAII 1. Schedule of water lines to be installed out of sequence. Not applicable 2. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable 3. Schedule of street improvements to be installed out of sequence. Not applicable - _ .-•-�r-_-:�"_�: Y '. -J L _-r � � _�; 1 � r � � J ..--"-., ram.,, _>. ..�,.-_ CITY OF FORTC01 LINS _ P,CI <<,�X 580 Iris rn� ngrl(�(7 f�1722 rPH!lflE 03 (") ,?;-<77 OFFICE OF THE CITY MANAGER June 15, 1978 rir. Ronald Strahle Attorney at law United Bank Building Fort Collins, Colorado 80521 S,Y,!:Fr / of f reference is made to your letter of June 15, 1978, pertaining to City alnexa'-.ion of the Park South area. Your lette-r accurately sets forth the understandir:gs reached as a resit of negotiations, with the follai- ing additional provisos: - 1. Conca_ning utilities, the materials allows by the district (PVC) will be permitted. Such materials will be installed according to reasonable requirements to be dell--ermir.ed by the City. The sarre proviso relates to installation of 'Lire hydrants. Also City water and sewer service will be utilized unless the City determines that the District shall serve the area. 2. We urr:erstand your group will not contest the annaxation of this territory to the City if the agrean-ents reached are approved by the City Council. As you note, negotiations have been cor3ucted and understandings reached and the final determination will he :tide by the City Cc=cil. Sincerely, 511E CITY `.QrF COEMIS , COLORADO BY: Jol -_ -E. Arnold, r•;._.nager jas C q ON.LO N. 5TR*I LE OAYID S. POwER Mr. Arthur E. City Attorney Fort Collins, Dear Art: LAW OFFICE5 STRAHLE & POWER UNITED N.NK eUILDINO P05T OFFICE E30X 482 FORT COLLINS, COL.ORADO 8On22 March, Jr. Colorado 303-482-4444 June 15, 1978 LLOTO E. ­LI S Or COu-SLL This letter is written in behalf of Park South Company and constitutes a recitation of the terms and conditions which we understand to be applicable to the annexation of Park South Plan— ned Unit Development. «e are aware, of course, that the final decision for the city must be made by the City Council, but it is our understanding that the various agencies of the city with whom we have been negotiating will recommend the following to the council: 1. STREETS: In order to protect the edges of the pavement, all streets will be built with a concrete edge, flush with the top of the asphalt, six inches wide and set into the ground twelve inches deep. Drainage will be by means of a grassy swale, rather than conventional gutters. Street widths shall be as follows: Manhattan Avenue will have an eighty foot right-of-way with a forty-four foot paved area. L-,oulder Street will have a sixty foot right-of-way with a thirty-six foot pavement. Walden Way and Rock Way will each have a fifty foot right-of-way and twenty-eight feet of pavement. All courts and cul-de-sacs will have twenty-four feet of pavement. The name of the street denominated as Rockway Court on the plat will be changed to Rock Nay Drive and will be extended to intersect with Horsetooth Road. All cul-de-sacs will be ninety feet in diameter. All sidewalks will be concrete, rather than asphalt, and will Mr. Arthur E. March, Jr. Page Two E,-q/13,T B" S,vE6 T 3 of h' June 15, 1978 have a uniform. width of four feet. gain thoroughfares shall have sidewalks on one side of the street. Sidewalks serving homes which face on a cul-de-sac will not be adjacent to the cul-de- sac, but will be at the rear of the homes. Park South will dedicate an additional twenty feet for Horse - tooth Road, to be added to the existing thirty foot right-of-way, the total to constitute one-half of a one hundred foot right-of- way.. Park South will be required to widen the south half of Horse - tooth Road so that the total width of the pavement on such south half will be thirty feet. Park South shall pay for curbs and gut- ters for this portion of the street, and the City of Fort Collins shall pay for any costs occasioned by designation of Horsetooth Road as an arterial street, including, but not by way of limitation, the cost of ten feet of the paving involved. A seven foot wide concrete sidewalk shall be built on the south side of Horsetooth Road, and Park South Company shall pay for four feet of this side- walk. Park South shall also pay for the widening of the south half Cof the bridge across the canal of the New Mercer Ditch Company sub- ; ject to the provision that the city will pay for so much of the work as is occasioned by the fact that the street is an arterial, including, but not by way of limitation, payment for ten feet of J: such widening. Park South Company shall not be required to do the widening of Horsetooth Road or the bridge referred to above until such time as certificates of occupancy have been issued for one hundred aid sixty li_:_°_ing`units in the subdivision or until three years from the date of annexation, whichever first occurs. 2. UTILITIES: As of the date this letter is written, the question of whether utilities shall be furnished to the subdiv- ision by the City of Fort Collins or by service districts is un- resolved. The city will use its best efforts to resolve this question, if possible by the time the annexation is complete. Installation of the water distribution system in the sub- division, including service to fire hydrants, shall be in accor- dance with requirements of the Fort Collins -Loveland ;-later District. The city has approved the number and location of fire hydrants as �il C Mr. Arthur E. March, Jr. shown on the subdivision plat. Page Three � r .. $HEAT met y June 15, 1978 At the present time we do not have the city' s r cclulr amen for the number and location of street lights or for layout within the subdivision generally. We anticipate having this information prior to the time the annexation comes before the city council and if there are problems they will be the subject of further ne- gotiation. 3. STORM DRAINAGE: As indicated previously, drainage will not be by convential curb and gutter, but by grassy swale. The detention pond as shown on the plat, which has been accepted by the New Mercer Ditch Company, is also acceptable to the city. 4. ZONING: Zoning shall be as recommended by the Fort Col- lins Planning and Zoning Board, which includes 61.4 acres of R-L-P, 20.4 acres of R-P, and 16.5 acres of H-B. Lot sizes, set- backs, and similar requirements shall be as shown on the plat of the Park South PUD First Phase, as approved by the Larimer County Commissioners. If this letter represents an accurate summary of negotiations between the City of Fort Collins and Park South Company, please sign a copy of this letter and return it to me. Yours sincerely, Ronald.H. Strahle The foregoing letter constitutes an accurate sum nary of an understanding reached by Park South Company and representatives of the City of Fort Collins, subject to approval by the Fort Collins City Council. CITY OF FORT COLLINS By: