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HomeMy WebLinkAboutPARK SOUTH PUD - OVERALL DEVELOPMENT PLAN - 46-88B - LEGAL DOCS - LEGAL COMMUNICATIONCity *mey City of Fort Collins Douglas D. Konkel, Esq. Sorensen and Konkel 1405 S. College Avenue Fort Collins, Colorado 80524 Dear Doug: February 26, 1991 FEB 281991 �J I met at length with City staff to determine how to describe the kind of development that the City would approve in the Park South PUD. I relayed your concerns that some of the PUD plans on file with the City may not have been properly approved by the City. I also pointed out that this question of approved and unapproved plans was the subject of considerable testimony and argument at trial. In the City's view, the PUD plat and all of the plans presently on file with the City are part of the PUD as it was first approved in the County and subsequently approved by the City at the time of annexation. Admittedly, not all are signed by the City, but that was the customary practice at the time. Nonetheless, all do have the same file number and all such plans are considered to be part and parcel of the PUD approval process. Thus, it is the City's position that any development of the Park South PUD under the existing plat and plans must comply with all such plans as are enumerated in the revised language in paragraph 3(b) of the settlement agreement. As you have noted, the final site plan and final landscaping plan depict sidewalks within the tracts. Those sidewalks would not have to be constructed because, as you have noted, many of them would now "dead-end" into the new drainage easement acquired by the City. Nonetheless, the City does not agree that the open space shown on the plat and plans could be eliminated or fenced. Alternatively, the City would permit the property to be developed according to any new PUD or subdivision which may be approved under the relevant provisions of the City Code. If approval were sought for a new subdivision plat, the City would be willing to relax the requirements of the Code so as to accommodate the improvements and utilities which have been installed in Stream Court. The City would either permit Stream Court to remain a private street as presently constructed, or it would accept Stream Court as a public street if it were reconstructed according to City standards with sidewalk, curb and gutter, and additional thickness of pavement, in which event every effort would be made to not disturb the existing utilities under Stream Court if that were reasonably possible. 300 LaPorte Avenue • P. O. Box 380 • Fort Collins, CO 80;22-O580 • (303) 221-6320 0 0 Douglas D. Konkel, Esq. February 26, 1991 Page 2 Please review the revised language of the proposed settlement agreement. It represents the City's best effort to resolve this dispute and clarify the manner in which development will be permitted in the Park South PUD. Very truly yo rs, �__4 ., tephen J . Roy / City Attorney SJR:kkg Enclosure cc: Tom Peterson, Planning Director Joe Frank, Assistant Planning Director Sherry Albertson -Clark, Chief Planner Ted Shepard, City Planner Mike Herzig, Development Engineering Manager Bob Smith, Manager of Stormwater Utility Susan Hayes, Civil Engineer II J. Lawrence Hamil, Esq. 0 0 Changes made by the City of Fort Collins to paragraph 3 of the redraft of the settlement agreement: 3. (a) Upon payment of the funds and conveyance of the property as described in subsection 1(a), the City, Middel Enterprises and Park South shall file a stipulated motion in Civil Action No. 86 CV 471 requesting that the Court vacate all previous orders and judgments relating to the legal effect of the reservation language contained on the plat of Park South PUD. All parties agree to cooperate with the City and Park South in this endeavor. All other orders of the Court in that action shall be final and non -appealable. (b) The City agrees that it has relinquished all right, title and interest in, or claim to, any easement over Tracts G, H and J-P of Park South PUD, except that such release shall not: (i) affect the City's lien for special assessments for improvements constructed in connection with the Horsetooth Road Special Improvement District #83, (ii) affect the City's right, title and interest in the property condemned by the City in Civil Action No. 86 CV 471; or (iii) limit the City's right to require that any development of Park South PUD occur in accordance with certain letters dated June 15, 1978, from Ronald Strahle to Arthur March and June 15, 1978, from John Arnold to Ron Strahle (copies of which are attached hereto and incorporated herein as Exhibits B and C respectively), and in accordance with the following plat and plans presently on file with the City for the Park South PUD: o Subdivision plat, sheets 1 and 2, approved by the Larimer County Commissioners April 3, 1978, file number P-31 951; o Site plan, SP-1 and SP-2, file number P-31 951; o Landscape plan L-1 and L-2, file number P-31 951; o Architectural elevations, D-1, file number P-31 951; and o Utility plans, dated October 30, 1979, file number C3 746. Alternatively, the Park South PUD may be developed in accordance with any other plat or plan which may be subsequently approved by the City in accordance with the relevant provisions of the City Code. (c) The City also hereby relinquishes any right, title or interest in, or claim to, any easement in the property described in Exhibit A to this agreement (the "Property"), except: (i) the City's interest in Tax Sale Certificates of Purchase, numbers 45390 and 47176, dated November 18, 1988, and November 9, 1989, respectively; and (ii) the existing easement for the conveyance of upstream storm drainage waters onto and through the Property and into the Tract A Detention Pond situated in Four Seasons Fifth Filing PUD. The parties acknowledge that storm drainage waters presently enter the Property at four separate locations, as shown on Exhibit D, attached hereto and incorporated herein by this reference. Park South may change these points of entry and/or the manner in which storm drainage waters are conveyed through the Property so as to accommodate the development of the Property, provided that any such change in location is approved by the City`s Manager of Stormwater Utility, and so long as any such change would not diminish the quantity or rate of flow of storm waters presently delivered onto the Property and would not require any third party to construct any additional, off -site storm drainage improvements to accommodate said quantity or rate of flow. (d) The City hereby approves and accepts the existing improvements installed in and on Manhattan Avenue and that portion of Dennison Avenue (formerly known as Boulder Avenue) which is presently constructed. The City will maintain the said portion of Dennison Avenue, as well as Horsetooth Road and Manhattan Avenue. The remaining portion of Dennison Avenue, as well as Walden Way, will be maintained by the City upon their completion according to the approved plans therefor and acceptance by the City. The Property owners will maintain all other streets in the Park South PUD. (e) Concurrently with the commencement of development of Park South PUD, or no later than December 31, 2000, the undersigned owners of Park South PUD, or their successors in interest, shall execute and deliver deeds of easement to the City to ensure that all private streets shown on the plan for the Park South PUD can be lawfully used for emergency access and for the installation of water, sewer, electric and storm drainage facilities to serve Park South PUD. The City shall be entitled to such deeds without the payment of any consideration other than the amounts to be paid under this agreement. (f) Upon payment of the funds and conveyance of the Property as described in subsection 1(a), the City, Middel Enterprises, Park South and Horsetooth shall execute and cause to be recorded a document summarizing the provisions contained in subsections 3(b) through 3(e) and in sections 8 and 9 of this agreement. (g) Upon payment of the funds and conveyance of the Property as described in subsection 1(a), Brown Farm, Wheeler and Martin shall execute a Quit Claim Deed to terminate any interest they may have or assert in Park South PUD. MA1 16 : 04 HAM I L P. C. • ygr.T @•, rr.y+3r'�•rEP l,:rr � (TLts a-11-91 .7.13T�1 / 38340.•�CO'•1 �. .ram.----- . , c''• oat 303 443 9703: u 2 r" _qw r �C? 46 I �f' r�• \ it r -'�: ��'�� � ` %;�+ „♦.1 � �' ,� � . l6elr. `,�' .r I� t dC v EXHIBIT A 1 of 3 s =B 22 191 14:37 303 825 4151 PAGE.202 EXHIBIT A 2 of 3 02122* 16:03 HAM IL P. C. 0 1202 i0X3DVL3 A - Continusd Covering the I&A& in the /Cate of Colorado, County o! La:iser. Dosd.ribad all A tract of land jonttd in the biorthjtgst quarter of Section 33, Township 7 Ndrtk, IArIg9 69 Meat of the 6th n.ti., City of Fort Colline, and being more particularly dosoribed as foiloMet CCXMENCINB at the North quarter corner of said •cation► 31 and considering the Bast line of said Northwoet quarter to hear S00'03'34'b with tll Oth4Z bearings contained heroin being relative thsrata; thence 000'03'3445, $19.12 feet to the TRCZ 70INT Or 220:NY: tot thence 300003'74'1, 3lS.1i toot to a point on the XortbL line of oannison Avenue as showtf oA 'Peus 6442038 Fifth ?iliag ?"Al Plat': thence alonq the VOrth line at said DoMISon Avenue by the followtnq four 0ouree81 81.40 feet along the arc of a Ourv* to the right Mhos• radius is 302.17 teat, Oentral aagl• iS 13*261040 and whose chard bear■ N42'201321M, $1.15 foot) N74' 37' 30'N, 45. 10 feet)00,08 the &to _ _ T* to the left whose VIALUS ls 370.30ffoot, Beoot at al angle is 13 23'260 and whoseahordbetss yso'�913•N, 74.!! teat) 22.66 teat along the arc of a eur-v$ to the right whost radius is 15.00 feet, central angle is 47'14'21" •ad whose chord beast N43'21'13"M, 20.71 feet to a point on the last line of Renthavea atrest; thence 900'1$'25'1, 486.42 fast, MOSS cr lest, aloaq said atss line) thong* 869'41'3521# 63.72 fe"I then*$ x3o'1S'=l-i, $4,64 feet) then*$ HAV 18'2S'Q, 8e.00 feet) thence s79'0o'3202, 3e.i1 foot) thence N69' S6'I6's, 35.25 feet to the TRUE 7OIli'1' Or HEGINfNI)i0. EXHIBIT A 3 of 3 FAas 3 $220*97 t-n.w Or011CC5 STRAHLE 8c POWER UN.Teo e.w. 8WIL.01.0 POST Orr.Ce DO: set NONALo M. STW.-tC FORT COLLINS. COLORADO 80822 0. 0 S..owew 3O3•.!2•..•A June 15, 1978 Mr. Arthur E. March, Jr. City Attorney Fort Collins, Colorado Dear Art: OI COV.f It '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. We 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 tbie 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. Boulder 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 Way 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 EXHIBIT B 1 of 3 A Mr. Arthur E. March, Jr. Page Two June 15, 1978 have a uniform width of four feet. Main 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 of 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 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 and sixty living un JU 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 Water District. The city has approved the number and location of fire hydrants as EXHIBIT B 2 of 3 Mr. Arthur E. March, Jr. shown on the subdivision plat. Page Three June 15, 1978 At the present time we do not have the city's requirements 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 summary 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: EXHIBIT B 3 of 3 I CJTY OF FORT COLLINS P.0' BOX 580 FORT c t� iNS rOLORADO ?0522 _ PHONE i_03) 4844-42-,r OFFICE OF THE CITY MANAGER June 15, 1978 Mr. Ronald Strahle Attorney at Law United Bank Building Fort Collins, Colorado 80521 Dear Ron: Reference is made to your letter of June 15, 1978, pertaining to City annexation of the Park South area. Your letter accurately sets forth the understandings reached as a result of negotiations, with the follow- ing additional provisos: 1. Concerning utilities, the materials allowed by the district (PVC) will be pe nitted. Such materials will be installed according to reasonable requirements to be determined by the City. The same proviso relutes to installation of fire hydrants. Also City water and sewer service will be utilized unless the City determines that the District shall serve the area. 2. h'e understand your group will not contest the annexation of this territory to the City if the agreements reached are approved by the City Council. As you note, negotiations have been conducted and understandings reached and the final determination will be made by the City Council. 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