HomeMy WebLinkAboutSCHOOLSIDE PARK - BDR240009 - SUBMITTAL DOCUMENTS - ROUND 3 - Easements (6) September 17, 2024
Park Planning and Development
City of Fort Collins
215 N. Mason
Fort Collins, CO 80524
ATTN: Jennifer Torrey, Manager
RE: Offsite Easements-Schoolside Park Development
Dear Ms. Torrey:
This letter (this "Letter") is in response to the recent communications we have received
regarding easement requests and proposed construction activities at Bacon Elementary School,
located at 5844 S Timberline Road, Fort Collins, CO, being more particularly described as the
following (the"Property"):
11.434 acres, more or less, located in the S/2 NW/4 of Section 8, T6N, R68W, 6th PM,
Larimer County, Colorado, being more particularly described as Tract "A" of the Poudre
School District and Paragon Point Partners, LTD Minor Land Division dated May 30,
2000, recorded at Reception No. 20000054081, Clerk and Recorder's Records, Larimer
County, Colorado.
The Property is currently owned by Poudre School District R-1 ("PSD"), from which the
City of Fort Collins, Colorado (the "City) has requested certain easements in connection with the
development of the adjoining tract to the north of the Property, being the construction of
Schoolside Park (the "Project"). The City's Planning Department has requested that the City
obtain this Letter so that they may proceed with the development review process for the Project.
The Project includes the offsite construction of an underground stormwater pipe
connection to existing public stormwater facilities located on the Property, which will be
constructed pursuant to a Permanent Easement(the "PE") from PSD to the City.
In exchange for the PE, the City intends to build, at its sole cost and expense, a sidewalk
connection from the Property to Schoolside Park and a concrete mow band to separate the
grasses along a portion of the boundary between the properties (the "Additional Construction
Items"). In order to construct the Additional Construction Items, the City must obtain a
Temporary Construction Easement (the "TCE") from PSD.
The areas covered by the PE and TCE (collectively, the "Conveyance Documents") are
generally depicted on the attached Exhibit A. Prior to execution of the Conveyance Documents,
the City will provide PSD updated survey exhibits and legal descriptions showing the precise
locations of the easement areas.
The duration of the TCE shall be for twelve (12) months, and the PE shall be a non-
exclusive perpetual easement.
All construction costs under the Conveyance Documents shall be paid by the City, but
ownership, repair, and maintenance of the improvements installed under the-TCE shall
immediately transfer to PSD upon completion of construction of such improvements.
The City shall provide PSD with a valuation of the property interests to be conveyed, as
well as an itemized statement of projected costs for the construction under the TCE, so that PSD
may correctly account for this transaction in their financial records.
This Letter is also intended to indicate the consent of PSD to the City's use of the
emergency access easement (the "EAE") located on the Property for the benefit of the Project
and Schoolside Park. The EAE is more particularly described in that certain Deed of Dedication
(the "EAE Deed") for Easement recorded July 3, 2003, at Reception No. 20030083320, Clerk
and Recorder's Records, Larimer County, Colorado. It is the opinion of both PSD and the City
that the EAE Deed is sufficient to authorize the use of the EAE by the City for the benefit of the
Project and the property known as Schoolside Park.
Subject to the terms of this Letter, PSD conditionally supports the execution of the
Conveyance Documents to the City, with the understanding that final details, approvals, and
documentation will be negotiated by the parties at a later date and must be approved by PSD
board of education or authorized designee.
This Letter does not constitute a contract between the City and PSD,but merely indicates
the intent of PSD to cooperate in good faith with the City to finalize the TCE and PE and the
consent of PSD to the City's use of the EAE.
Thank you for your time and consideration in this matter.
Si erel ,
lex Hendricks
P anning and Construction Manager
Facilities and Construction Services
Poudre School District
970.698.2440
AhendricksLwpsdschools.org
Attachments: Exhibit A
Exhibit A
TCE and PE Areas
(Page 1 of 1)
20' DRAINAGE ESMT. TO
PERMANENT DRAINAGE TEMPORARY CONSTRUCTION CITY OF FORT COLLINS,
EASEMENT—REVISED EASEMENT—REVISED REC. NO. 20030083318
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