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HomeMy WebLinkAboutPARK SOUTH PUD SECOND REPLAT - Filed OA-OTHER AGREEMENTS - 2004-01-23R(;PTN # 91010721 03/18/91 13:29:00 # PAGE" -- la. FEE' - $55.00 V ROLENBER:ER RECORDER,, LARIYER COUNTY CO STATE DpC FEE -- $.00 THIS AGREEMENT is entered into c,+., Mas:ch 6, 1ec,%i., between the CIT"r` OF FORT COLLINS, COLOYCADO, a Munir..ipal Cor1. poration ("the City"), MIDDEL ENTERPRISES, II4C., a Corccrati.on, PARK SOUTH vF:N OF ; a Colorado Joint Ve_ntu.r.s, arid, 17ORSET')OTH, LTD. , a Colorado Limited Partnership. RECITALS 1. The parties wish to clarify the rights and re-ponsibi.lities cf the parties with respect to the development cf Park South P.U.D. 2. The plat of Park South P.U.D. was recorded April 24, 1978, at Boa}-, 1851, Page 0581, Reception No. 245575 of the Lari-er County, Colorado, reCorQ5. NOV, THEREFGP.F, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and adequacy of whlc 1 is herebv confessed and acknowledged, the h,arties hereto agree as follows: 1. The City acs,rees that it has relinquished all right, title and interest in, or claim to, any easement over Tracts G, H and J-P of Park Souut.h P.U,D,, ex.:,i?pt that such release shall not (i) affect the: City's lien for special assessments for improve.^..ents cone -eructed i_n cennecti.on with the Horsetooth Road Special ImprovsTnent District #83, (4J, affect the City's rights, title and interest in the property condemned by the City in Civil Act'_ n No. 86CW471; or (ii.:i) 11.,,i.t the City's right to require that any develcprze?it. of Park South P.U.D. occur in accordance with certa:r. letters dated June 15, 1973, from Ronald Strahle to Arthur Marc,-., June 15, 1978, from John Arnold to Ron Strahle; and February 25, 1991, from Stephen J. Foy to Douglas D. Konkel (copies of which are attached hereto and incorporated herein as Exhibits "B", "C" and FBDll , and in accordance with the following plat and plans presently on file with the City for Park South P.U.D.: A. Subdivision plat, sheets 1 and 2, approved by the Larirnier County Commissioners April 3, 1978, file number P-31 95,17 B. Site plan, SP-1 and SP-2, file number P-31 951; C. Landscape plan, L-1 and L-2, file number P-31 951; D. Architectural elevations, D-1, file number P-31 951; and J J 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 Part South PUD. Very truly yogrs, % 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 S an Hayes, Civil Engineer II Lawrence Hamil, Esq. EXHIBIT D 2 of 2 T71J Y7LL-49 —4-r- / Ty V i !M �\ •_ AVENUE --�'---i --'_--- ----- ---- 713 --'=--emu--- 707 731 725 719 36 �37 38 cs-cci rHAu cJ. so � ------ ----- - ----- I SEA,SOIVS ---- ---- /st --, ' Ba ' 730 724 7'9 712 706 --'I- - --,I- - - - - -' _ - - - AVENUE --•,- -- -.,_---------------- --1_-- - •,--, 731 725 719 713 707 73 ?a ?S 76 77 0 78 a � -�_ --'_-- ---- - - - -- - -'_ -- --42--' (a0 • 5 38 = al 0 706 v 8 712 Mi •r-- ._».- . ©7 W E N U E 70 R -- a---' -- ---I - I .A 31 , 719 713 31 32 707 ca-oar nv oa-osr 33 , 3S S FOL4 F FEASCNS 2nd a 39 _ 13• 137 136 36 = QI � j 730 724 719 712 706 700 DENNISON AVENUE W Q r W cc so sewer I 731 725 719 713 ;07t I! I b o - sfcin sewer if: l et opening in curb and gutter I I I I Cal -J ...-._.-- EXHT--BIT E E. Utility plans, dated October 30, 1979, file number C3 746. Park South P.U.D. may be developed in accordance with the above -described plat, plans and letters. Alternatively, Park South P.U.D. 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. 2. The City also hereby relinquishes any right, title or interest in, or claim to, any easement in the property described in Exhibit "A" attached hereto, except (i) the City's interest in Tax Sale Certificates of Purchase, number 45390 and 47176, dated November 18, 1938, and November 9, 1939, respectively; and (ii) an easement for storm drainage purposes to carry upstream waters onto and thrcugh the Exhibit "A" Property into the Tract A Detention Pond situated in Four Seasons Fifth Filing P.U.D. The parties acknowledge that storm drainage waters presently enter the Property at four separate locations, as shown on Exhibit "E", 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 Exhibit "A" Property so as to accommodate the development of the Exhibit "A" 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 Exhibit "A" 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. 3. 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 Park South P.U.D. 4. Concurrently with the commencement of development of Park South P.U.D., or no later than December 31, 2000, the undersigned owners of Park South P.U.D. or their successors in interest, shall execute and deliver deeds of easement to the City to ensure that all private streets shown on the plat for Park South P.U.D. can be lawfully used for emergency access and for the installation of water, sewer, electric and storm drainage facilities to serve Park South P.U.D. The City shall be entitled to such deeds without the payment of any consideration other than the amounts to be paid under this Agreement. - 2 - 5. This Agreement shall be binding upon and inure to the benefit of the parties and their heirs, successors, representatives and assigns. It shall be governed by and interpreted in accordance with Colorado law. 6. This Agreement shall be specifically enforceable. if a legal action is brought to enforce this Agreement or any of its terms, the party or parties prevailing in such acticn shall be entitled to a judgment against the non -prevailing party or parties for all costs, expenses and attorneys, fees incurred in such action, in addition to any other relief or damages awarded. ATTEST: city C 1 e-rk f APPROVED AS TO FORM: 7zz�� //)Z� ty A.,ttorney ATTEST: (s e y CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By A/ C 41-�� Steven C. Burkett, City "tanager MIDDEL ENTERPRISES, INC., a Colorado Corporation Zi By President PARK SOUTH VENTURE, a Colorado Joint Venture HORSETOOTH, LTD., a Coloraoo Limited Partnership - 3 - EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN MEMORANDUM OF AGREEMENT BY A:VD BETWEEN THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION ("THE CITY"), MIDDEL ENTERPRISES, INC., A COLORADO CORPORATION, PARK SOUTH VENTURE, A COLORADO JOINT VENTURE, AND HORSETOOTH LTD.. A COLORADO LIMITED PARTNERSHIP Legal Description A tract of land situated in the NW 1/4 of Section 35, T7N, R69W, of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the North line of the NW 1/4 of Section 35 as bearing N80'4113511W and with bearings contained herein relative thereto. Beginning at the N 1/4 corner cf said Section 35, thence S00'0313'4"E along the east line of the said NW 1/4 and the West: line of Park South, a planned unit development recorded in the office of the Larimer County Clerk and Recorder, a distance of 589.82 feet to the True Point of Beginning. Thence, continuing along the east line of said Section 35, S00'0313411E 598.98 feet, thence along the arc of a curve to the right, having a central angle of 15'26'04", a radius of 302.17 feet, an arc length of 81.40 feet and a long chord which bears N82'20132"W for a distance of 81.15 feet, thence N74'37130"W, 65.50 feet, thence, along the arc of a curve to the left, having a central angle of 12'2312611, a radius of 370.30 feet, an arc length of 80.08 feet, and a long chord which bears N80'4911.3"W for a distance of 79.92 feet, thence, along the arc of a curve to the right, having a central angle of 87'1912111, a radius of 15.00 feet, an arc length of 22.86 feet, and a long chord which bears N43'21115"W for a distance of 20.71 feet, thence, N00'18125"E, 486.22 feet, thence, S89'41135"E, 85.32 feet, thence, N30'18125"E, 34.64 feet, thence, N60'18125"E, 69.00 feet, th_—;_, S7:'30'5Z"E, 36.16 feet, thence, N89*56126"E, 35.25 feet to the True Point of Beginning.- E:iii!31T N Ar_*—Ur -7. City Attnrnav Port Cc11_ns, Gear Art: _••. �rr'C_] C-_RAHLE 3: POWER =car y.cc Jc+ •ee -`^,RT COLL:dS, COLu RA JO �0�39 C01Crado ]OJ •eh u u one 15, 1373 a• aa... a. -his Leiter is r«____e_n. in ..e.^.31: of ?ark .South CCMcany an const_t_t.�aes a recitation of the terms and ^onditions chic: e _nderst to be applicabLe to the annexation of Park South P'_a_ -ed Unit nevalc=ment. We are aware, of course, t`:at the final decision =or _ne city must pa made by the City Council, but __ :s our �_nde_--standing that the various agencies of the city •.:ith ..cc:z we have been negctiatiag will reach- end the following to tie council: 1. STREETS: In order to protect the edges of the pavement, 311 streets w111 be bll11t wlth 3 concrete edge, fl'_sh "wit: the J. 1 i he ; de t ^e C'Cu `w-21� : e too of t� as_cna_" six nc:. s w_ and se into _ _ _ncn es deep. orainage will oe by means o: a grassy Swale, r3_.a_ than ccn9entional gutters. Street widths shall be as follows: Manhattan avenue will have an eighty foot right-of-way with a forty-four fact Paved area. Boulder Street will have a sixty foot right-of-wav with a thirty-six foot pavement. Walden Way and Hock way will each have a fifty foot right-of-way and twenty-eight feet of pavement. =.11 _carts and cul-de-sacs wit, have twenty-four feet of Pavement. The name of tine 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 =:BIT 3 1 of 3 G...':d a unl f...f� '_d th of fC'ur feet. Main t•.".CL^lly. =3Le5 S..&11 ^3V•a s: =_waiks cn c n e side of the street. Sidewalks ser;_-c h_.es «, ich face cn a C'_'i_d e-SaC will not be adjacent `_C ,.'.e sac, but will be at the rear of the z:omeS. ?ark South '.rill dedicate an additional twenty _eec ___e- _cCtn FAad, to ce added to ..he existing thirty _Cot r_-'..-C she total to Consti`ute Cne-half or a one hundred fCot _ - way. ?ark Scut: will ne required to w'-den the sout:Z al_ o- - _coz:'- -.oad so that _he total width Cf the-aveme.n:: or, SL'Ch SC'u nal= will be th__cy =eet Park Sout', shall cav _or c•..rns and - t— iers for this ,orticn of t.^e street, and the-Cit.;CL s^all pay fCr any costs occasioned by designation of -Crsetcc_.h 7--ad as an arterial street, incl.:d'_n.y, but not by way Of the cost Of ten feet of t'-e 7av1^g involved. A seven foot wi__ Concrete sidewalk shall be built on the South side OL orsetco_.n. -Cad, and Par."< South Cc.-.:pany shall pay for four feet or this walk. Park South shall also pay for the widening of the south .-elf of the br' doe across the canal Of the "7ew .`fiercer Ditch Cnmpa. ; s'1C- 4ect to the ;revision that _he city will nay for so :r._'=h of the work as is occasioned by the fact that the street 1s an arter_ai, inc'_uding, but not by way of limitation, :ayment ten faet of such widening. Park South Company shall not be required to do the widening of 3orsetccth Road or the bridge referred to above until such tie= as certificates of occupancy have been issued for one hund-a�,- sixty livin uni in the subdivision or until three years from _s the date of annexation, whichever first occurs. 2. UTILITIES: As of the date this letter is written, the cuestion 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 su`.- 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 E=. IT 3 2 of 3 :".r. Azt`ur _. :".arc`:, Jr. Page Three ;,:ne 13, _??3 s can on _:le scta'_visicn plat. At the Present time we do not have the ^..:ty'S �S for _`e nl::. `.er and location of street lights or _cr lavout Nit^_.. zenerally. ivd a.^.L_.. :ate 'a'/4nq th 15 _fir to c.:e t_7.e the annexation Cc7es before the City CC .^C:1 =..^.d are , rcblems they will be the subject of -.er ne- gct:aL_cn. 3. STORM '?,WAGE. As indicated previously, drainage will not be by ;_�-nvential Curb and glitter, but by grassy swale. ^tee detantlC.. _ nd as shown on the plat, which has been ac Cepted b'J the New Me.:=er D_tzh CC.pany, _s also acceptable to the city. '`y. 4. ZC:71.'^ Zoning shall be as recommended by the Fort C 1- 0 lins Planning and Zoning Board, which includes 61.4 acres of R -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 cf the Park South PuD First Phase, as approved by the Lazi-er Ccunty Cc7'lissioners. If this letter represents an accurate summary of negotiations between the City of Fort Collins and Park South Company, pleasa sign a copy of this letter and return it to me. Yours sincerely, ZC n Ronald H. Strahle The foregoing letter constitutes an accurate su.:.mary of an understanding reached by Park South Company and representatives of t o City of Fort Collins, subject to approval by t, e Fort Collins City Council. CITY OF FORT COLLINS By: 3 of 3 GTY rJF FORT COII'VS CFFICc CF THE CITY MANAGER GER aid Strall-le AttJrney at :3w 7 ccrt CoLli^s, Cc'_cr=� 30521 :'ea-- F--n: - - 7o Fe-rfro is ,-ade to letter c! ..'.u^o 15, 1978, per`,.a:1^-ng to City ar:.r.e.Yaticn of `_''.e ?azk Scutk azea. Ycu.` Letter acC.:._^ately sets iC`^`t. j twe ul �er5 '-rL�-CS :-3ched as a result 0= necotiat-crs, vit.1 `_^.e fclllcw.— ing addit__ra1 ,-o�_scst 1. C--nca--7LL.^g ut=l-"es, the rat`ia s allcced i y -�' e (^C) will be pe_--^...its.'. Such rat_-ials will be _stalled ac—rdL-mg to Zeas=able reVti_ra^ens to I-%-- deter:ti:.ed by t`%e City. e sane prc-so reluLes to ihstallat_'cn cf f-e h%drants. Also C=tf water and sewer service will be uti—lized L:r1ss t`.e City det=^_.s -`at t`e D:st ict sh3L1 sz=.a the a:' 3. 2. We ur-lerstand year group will not contest the annexat?cn of skis ter_itory to the City if the agreerents reached are acLroved by the City Ccuncil. As ycu note, recotations have L^e n ecryiuctsd and u:aerstardi.gs reac.� arsi the final'. dete-m naticn will he rade by the City Ccur:cil. si.ce_rely, CI?y`^F CDLL-NS, COLCRAIb BY: �Jonnf'E. Arnold, `^arager j, \ / Srr C I r Cit h.—rie Citv of Fort Collins Cc•,g'_as D. Konkel, Esq. Sorensen and Konkel 14C5 S. College Avenue Fort Collins, Colorado 80524 Dear Doug: J February 26, 1991 I met at length with City staff to determine how to describe t:ie kind of development that the City would approve in the Park Scuth 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. Nonethel_ss, 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. EXHIBIT D 1 of 2 ',W LaPorte A%enue • P. O. Bps ;80 • Fort Collins, CO 80;22-0�80 • (303) 131-6KfJ