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HomeMy WebLinkAboutBELLA VIRA - Filed GC-GENERAL CORRESPONDENCE - 2008-05-30Services Engineering Department October 8, 2007 CSU Real Estate Office Attn: Nancy Hurt 1415 S. College Ave Fort Collins, Cc 80524 Re: Development Proposal adjacent to CSU property To Whom It May Concern: In accordance with the signed agreement titled "To Convey Right of Way and Easement For Bella Vira Development' entered into by CSU, the City and OFP Development Company I am providing confirmation that the Bella Vira development is ready for approval. The developer has been given direction to provide the City with final mylar utility plans and signed mylar plats for filing. The City shall hold these plans, until the dedication documents for the utility easement and right -of --way as identified in the above mentioned agreement are provided to the City of Fort Collins for processing and filing. As agreed, once these documents are received, accepted and filed at Larimer County Clerk and Recorder I will provide you with another letter indicating such has occurred. If you have any questions in regards to this please call me at (970) 221-6605. Sincerely, 1.' Sheri L. Langenberger, P.E. Engineering Development Review Manager cc: John Minatta 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378 www•.fcgov.com Marc Virata December 20, 2005 Page 2 of 2 Thank you for your consideration in the approval of this variance request. If you have any questions, or require additional information, please do not hesitate to call me. Sincerely, JiM SELL DESIGN Eric Skowron, P.E. cc. file EAPROJ6 RLESI DU427- MLVAnA PROPERTYIDDCSVA27 VARIANCEREQUESTSTREET SHJ!123R.W,DOC 0 10' 20' 40' ID SCALE - 1" = 20' BELLA VIRA Ora ng Name: PEDESTRIAN SPINE Rro)sct Number LANE ALIGNMENT VARIANCE 2427 12120105 """ JOHN MINATTA FnDT nni i Moo sneee q Services Engineering Department January 20, 2006 Mr. Eric M. Skowron, PE Jim Sell Design 153 W. Mountain Avenue Fort Collins, CO 80524 RE: Bella Vira- variance request to allow a maximum 4' lane offset at the intersection of Overland Trail and Elizabeth Street. Dear Eric, This letter is in response to the variance request dated December 20, 2005 to allow a 4' shift in horizontal alignment at the intersection of Overland Trail and Elizabeth Street. The Latimer County Urban Area Street Standards limit the maximum offset to 2', and the request was made in order to avoid interfering with existing utilities at the intersection. The east leg of the intersection is shown to operate at a Level of Service F in the August 2005 TIS, and additional design (signalization, roundabout, etc.) of the intersection may be deemed necessary by the City if this does not change in the updated TIS. After discussion with City Engineering, Traffic Operations, and Utilities staff, the variance request is approved on the condition that the intersection design, as a whole, does not change. The granting of this variance request does not set a precedent or change the application of our design standards in other situations. If you have any questions, please contact Dan DeLaughter at 221-6605. Sincerely, V Dan DeLaughter cc: Ward Stanford Roger Buffington file t l oIle� e A enue o P.O. Boy 5d0 • Fort Collins, CO 8052- 0580 ! 70; 2: bt wwwkc-ov.corr June 6, 2007 Mrs. Susan Joy Engineering Department 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522 RE: Project: Bella Vira Variance Request: Minimum Utility Cover JSD Project No. 2427 Dear Susan: LANDSCAPE ARCHITECTURE PLANNING ENGINEERING GRAPHIC DESIGN We are hereby requesting a variance to the Larimer County Urban Area Street Standards (LCUASS) for minimum utility cover at the proposed Bella Vira Subdivision. This variance is being requested to allow for less than two feet of cover to scarified subgrade. Current standard 12.2.2 of the LCUASS states that utilities shall be located a minimum of 2' below scarified subgrade elevation. We are asking for a variance to this standard due to site constraints including existing and proposed utility locations that are difficult to relocate and proximity to adjacent properties. These specific locations were discussed at a meeting with Rich Richter on 5/1/2007. At this meeting Rich explained the Cities concern with minimal cover over utilities and the potential for uneven settling of the pavement. Rich agreed that if we can maintain a minimum of 18" of clearance from the top of pipe to bottom of s11},�rade that this would be acceptable to the City. �PA CPl eP y � -0 >�4� % h�� �JOL) Gt ' NlA-� rvi���vt� Evit✓t G' �1/' The variances requested for the proposed mimmum utility covew l,L �� Y1 ;1 r✓� .-ram• s t • will not have a negative impact on capital or maintenance cost requirements for the City or property owners; • is not anticipated to reduce the life of the proposed roadways; and • will not be detrimental to the public health, safety or welfare and will not result in decreased sight distance or unsafe turning movements. This variance will allow us to minimize the affect on other utilities and adjacent properties while at the same time leaving enough cover to satisfy the City's concern surrounding uneven pavement settling. Following backfill and compaction standards can also help minimize pavement settling issues and special care will be taken for "these pipes with less than standard cover. EPRO✓SCT FILESUAAD12427-A.10 Pmp HyID rl Kwfewa12427 varWce_requeal_utlRq rover5.23.07Enc 153 WEST MOUNTAIN AVENUE FORT COLLINS, COLORAD080524 P970.484.1921 F970484.2443 INFO(dIIMSELLDESIGN_COM )IMSELLDESIGN.COM Susan Joy June 6, 2007 Page 2 of 2 Thank you for your consideration in the approval of this variance request. If you LANDSCAPE ARCHITECTURE have any questions, or require additional information, please do not hesitate to call me. PLANNING Sincerely, JIM SELL DESIGN Jonathan Sweet, P.E. cc. file ENGINEERING GRAPHIC DESIGN 153 WEST MOUNTAIN AVENUE FORT COLLINS,COLORADO 80524 P970.484.1921 F970.484.2443 INFOC.JIMSELLDESIGN.COM JIMSELLDESIGNCOM June 6, 2007 Mrs. Susan Joy Engineering Department 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522 RE: Project: Bella Vira Variance Request: Overland Trail Cross -Section JSD Project No. 2421 Dear Susan: LANDSCAPE ARCHITECTURE PLANNING ENGINEERING GRAPHIC DESIGN We are hereby requesting a variance to the Larimer County Urban Area Street Standards (LCUASS) for the Overland Trail street cross-section that is being designed with the Bella Vira Subdivision. This variance is being requested to allow for a consistent street width to the north, south and in front of the Bella Vira property. Overland Trail is labeled as a four lane arterial on the City of Fort Collins Master Street Plan. Larimer County Urban Area Street Standards (LCUASS) states that four lane arterials shall have a 115' right of way width and an 83' roadway width. After several meeting with City staff we have settled on the existing right of way (min. 117.5') and a narrower than standard minimum roadway width of 69.5'. The driving force behind this conclusion is that we were asked by the City to match the existing Overland Trail roadway width in front of the Ponds Subdivision located directly south of the Bella Vira project. This width is 69.5' flowline to flowline. The variances requested for the proposed roadway width for Overland Trail: will not have a negative impact on capital or maintenance cost requirements for the City or property owners; is not anticipated to reduce the life of the proposed roadways; and will not be detrimental to the public health, safety or welfare and will not result in decreased sight distance or unsafe turning movements. This variance will keep a consistent width and drive surface on Overland Trail, adjacent to the Bella Vira Project and to the north and south of the project. EAPROJECTPMESVANO11417-MfwaPrep&VU)xlV�2417 variaue_me wOreNaadT if Craaa-S dm 6 J 07.dx 153 WEST MOUNTAIN AVENUE F0RT COLLINS, COLORADO 80524 P970.484.1921 F970.4842443 INFO(aJIMSELLDESIGN.COM 11MSELLDESIGNCOM Susan Joy June 6, 2007 Page 2 of 2 LANDSCAPE ARCHITECTURE PLANNING ENGINEERING Thank you for your consideration in the approval of this variance request. If you GRAPHIC DESIGN have any questions, or require additional information, please do not hesitate to call me. Sincerely, a JIM SELL DESIGN Jonathan Sweet, P.E. cc. file 153 WEST MOUNTAIN AVENUE FORF COLLINS, COLORAD080524 P970.484.1921 F970.484.2443 INFO[ OJIMSELLDESIGN.COM 11MSELLDESIGN.COM June 8, 2007 Steve Olt, Susan Joy City of Fort Collins Development Review 281 N. College Avenue Fort Collins, CO 80522 RE: Bella Vira Submittal Dear Steve and Susan, OFP Development Company 2037 Lexington Court Fort Collins Colorado 80526 The Bella Vira Final was resubmitted for a second round of review on Wednesday, June 6. We were very close to having everything in an acceptable condition with the first submittal and anticipate that our latest design is in accordance with the high standards that the city has established for new development. I appreciate that the city reviewing staff has an extensive workload, and due to the amount of time that has transpired since the last submittal many details are not fresh in everybody's mind. The purpose of this letter is to make note of the issues that came about as a result of the first round of review and clarify what has transpired during the 16 week time period since. Box Extension: At my request, the structural engineer designing the box extension included a "voided slab" option. I felt we needed a safeguard measure that would give us another acceptable method to mitigate clearance issues with Light and Powers duct bank if field conditions are different or vary from what is expected. I am encouraged that the challenges we had with the structural designs format meeting the cities recent, more stringent requirements are resolved. I am unsure at this time if my structural engineer, Tom Hartman will be available for any updates and I am currently trying to find another structural engineer to step in. Overland Trail Foowline Width: Although it was not a comment of the last review, the Overland Trail flowline width was revised. It is understood that the currently improved sections of Overland Trail has a unique design for an arterial due to the previously negotiated standards worked out with the Western Area Power Administration. Our original understanding of what was acceptable appears to have been a misunderstanding. After meeting with Sheri Langenberger to review a revised plan we feel good about meeting the cities design standards at this location and its transition going both north and south. A variance request is included with the submittal. Shallow Utilities: We have revised our stormwater pipe crossings under the streets at four (4) different locations. The design at these locations is in compliance with what was explained to us by Rick Richter as an acceptable compromise under the circumstances. A variance request is included with the submittal. Neighboring Offsite Trail: A recorded agreement between The Ponds HOA and OFP Development Company granting a public access easement and temporary construction easement for an open space trail on The Ponds property is included in the submittal. Natural Resources requested that Bella Vira link up with The Ponds trail system at this location and we have done everything reasonably possible to comply with the request. Per the agreement the trail will be constructed to the same standards for quality and design as The Ponds existing trail system. Phasing: We discussed the option of creating a phased condition with Ward Stanford and Sherri Langenberger. The proposed idea would allow us to complete the Elizabeth/Overland intersection with curb returns, extend Elizabeth with finished ROW into the site, and build all infrastructure for the entire single family portion. The second phase would consist of the multifamily portion or everything south of Elizabeth ROW and east of the city regional detention pond. The second phase would also include all improvements to Overland Trail south of the Overland/Elizabeth intersection. We discussed with Sheri and Ward that we would design an interim striping plan for Overland Trail and they both gave us a verbal approval of the concept. The proposed phase line for the demo plan allows the demolition of everything within the second phase to be delayed until the start of the second phase. CSU Grant of ROW: Upon city staff determining the development plan is ready for approval (acknowledging that some minor details may still need work) its my understanding that Sheri Langeneberger will send a letter to CSU stating that the Bella Vira Development Plan has met the cities final approval requirements and is proceeding into the plat sign -off phase. As I understand Sheri will also notify CSU of the public hearing where the city will rule on a request to accept the ROW from CSU. I will follow up with Sheri and Nancy Hurt regarding these items. Concrete Intersection at Overland and Elizabeth: The shallow 16" water line under Overland required a reinforced concrete section that subsequently led to the city requesting a concrete design for approximately half of the entire intersection. There is some degree of interpretation of CDOT standards and meeting the city standards for transition from asphalt to concrete for this application. I am confident that Jon Sweet has done a good job of design at this location. I would encourage all the reviewing staff to contact me with any questions or concerns regarding this submittal in an effort to resolve any issues and preclude an entire re -submittal. I guarantee an immediate response and will authorize any changes necessary. CC: Sheri Langenberger Ward Stanford Dana Leavitt Doug Martine Roger Buffington David Averill Sincerely 6aisv_""X&1w John Minatta, iohruninattaCacomcast, net, 690-2662 2 June 19, 2007 Mrs. Susan Joy Engineering Department 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522 RE: Project: Bella Vira Variance Request: Minimum Utility Cover JSD Project No: 2427 Dear Susan: LANDSCAPE ARCHITECTURE PLANNING ENGINEERING GRAPHIC DESIGN We are hereby requesting a variance to the Larimer County Urban Area Street Standards (LCUASS) for minimum utility cover at the proposed Bella Vira Subdivision. This variance is being requested to allow for less than two feet of cover to scarified subgrade. Current standard 12.2.2 of the LCUASS states that utilities shall be located a minimum of 2' below scarified subgrade elevation. We are asking for a variance to this standard due to site constraints including existing and proposed utility locations that are difficult to relocate and proximity to adjacent properties. These specific locations were discussed at a meeting with Rick Richter on 5/1/2007 and are listed below. At this meeting Rick explained the City's concern with minimal cover over utilities and the potential for uneven settling of the pavement. Rick agreed that if we can maintain a minimum of 15" to 18" of clearance from the top of pipe to bottom of subgrade that this would be acceptable to the City. The final pavement design will be completed at a future date. Therefore the total cover from top of pipe to bottom of subgrade can't be determined exactly at this time. This issue has been discussed with Lester Litton at EEC and it has been determined that the subgrade and base combined thickness will be on the order of 10". This being stated, the combined total minimum cover from top, outside of pipe to travel surface shall be in the range_of 25" to 28". Line identification, specific location and minimum cover (min cover measured from upstream, outside top of pipe to travel surface): -Storm Line 1 — under the proposed Elizabeth St. extension, approximately 1000' west of the Elizabeth/Overland Trail intersection - min cover 27.211 -Storm Line 2 — under the proposed Elizabeth St. extension, approximately 650' north of the connection to the existing Sunflower Dr. stub (on the north property boundary of the Pond's Subdivision) - min cover 28" -Storm Line 5 — under the proposed Banyan Dr. extension, approximately 10' north of the connection to the existing Banyan Dr. stub (on the north property boundary of the Pond's Subdivision) - min cover 28" -Existing 16" City of Fort Collins waterline — northwest side of Elizabeth and Overland Trail intersection — min cover 28.811 E: IPROJECTPTLESL 12427-MimNa Pmpery((DotalVon &12427vartvxerequs wlirycov 3.23.0).d� 753 WEST MOUNTAIN AVENUE FGRT COLLINS, COLORADO 80524 P970.484.1921 F970.484.2443 INFO,)JIMSELLDESIGN.COM 11MSELLDESIGNCOM Services Engineering Department April 24, 2008 CSU Real Estate Office Attn: Nancy Hurt 1415 S. College Avenue Fort Collins, CO 80523-6030 RE: Bella Vira Right -Of -Way and Easement Dedications To Whom It May Concern: The Bella Vira Development located on the south side of the CSU Equine Facility on Overland Trail required public right-of-way and easement dedications from CSU in order to construct a public street on the north side of the development. As requested, the City of Fort Collins is providing this letter pursuant to B(1) of the Agreement to Convey Right of Way and Easement for Bella Vira Development indicating that the documents submitted by OFP have been accepted and approved including the Non -Exclusive Easement Agreement (Permanent Easement), Special Warrenty Deed (Right of Way Deed), Drainage and Erosion Control Report and Final Development Plan Documents. Enclosed is a fully signed original copy of the Non -Exclusive Easement Agreement, a copy of the Non -Exclusive Easement Agreement (reception #20080010233) and a copy of the Special Warranty Deed (reception #20080010234). Please note that "Exhibit A" in the Non -Exclusive Easement Agreement was replaced with a corrected legal description. The original legal description submitted to the City was incorrect and the error was caught when it was reviewed prior to filing. Sincerely, Sheri L. Langenberger, P.E. Engineering Development Review Manager cc: John Minatta CSU General Counsel 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378 www.fcgov.com Mrs. Susan Joy June 19, 2007 Page 2 of 2 The variances requested for the proposed minimum utility cover.. • will not have a negative impact on capital or maintenance cost requirements for the City or property owners; • is not anticipated to reduce the life of the proposed roadways; and • will not be detrimental to the public health, safety or welfare and will not result in decreased sight distance or unsafe turning movements. This variance will allow us to minimize the affect on other utilities and adjacent properties while at the same time leaving enough cover to satisfy the City's concern surrounding uneven pavement settling. Following backfill and compaction standards can also help minimize pavement settling issues and special care will be taken for these pipes with less than standard cover. Thank you for your consideration in the approval of this variance request. If you have any questions, or require additional information, please do not hesitate to call me. Sincerely, JIM SELL DESIGN Jonathan Sweet, P.E. cc. file E.wROIEn' n n AnMRRinooCsv�c 27vnnipNCe UQUBST_IIT COWR&D.W.0 Date: 6/15/2007 To: Steve Olt; Current Planning, Susan Joy; Engineering, Dana Leavitt; Natural Resources Copy: Doug Martine; Light & Power, Braileigh Jay; Western Area Power, Jon Sweet; JSD, Larry Pepek; King Surveyor Inc. From: John Minatta; Bella Vira Re: Western Area Power Administration Easement at Bella Vira I met with representatives of Western Area Power Administration over the last week of May after they had contacted me about removing trees under their power lines. During our discussion it became apparent that they had a different understanding regarding their easement than what our plat information indicated. They did subsequently remove trees under their power lines. A title search was requested by King Survey Inc. in 2000 and 2005. The 75' WAPA easement recorded in 1951 was not picked up either time by the title companies. I mistakenly assumed the "15' electric easement" belonging to the city of Fort Collins was the WAPA easement. During a meeting on June 12, at WAPA's office where we reviewed our landscape plan I am happy to report that our proposed improvements within WAPA's easement are acceptable as they are currently submitted. King Surveyors has corrected the plat to show the easement accurately and WAPA provided the following notes to be added to the Bella Vira drawing set: REGARDING THE 75' UNITED STATES EASEMENT 1. No shrubs, trees, etc shall be planted in the United States easement if their growth will exceed the heights of 10 feet at maturity 2. No permanent buildings can be located within the United States easement. 3. The United States easement is a restricted area and all construction activities shall be coordinated with the Western Area Power Administration, P.O. Box 3700, Loveland CO 80539-3003 Regarding specific items within the easement: ♦ The ornamental crabapple trees are acceptable to WAPA. ♦ Doug Martine initially proposed shorter 14' light poles and these are acceptable to WAPA. Doug spoke recently with WAPA representatives. ♦ The proposed landscape wall at its current height and location is acceptable to WAPA. Other than the Plat, the WAPA people did not specify any other drawing sheets they wanted the note on. I believe the note should be added to sheet 3 of the Plat, and could be added to L2 of the Landscape Plan and SP3 of the Site Plan. Sheets 13,17,27,32,33 and 41 of the utility/construction drawings will be referenced during construction and effect the area in and around the easement. We will place the note and add a signature block as deemed necessary on whatever sheets Current Planning and Engineering suggest. Please provide myself and Jon Sweet at JSD your recommendations. Sep 10 07 02:10p John Minatta 970-407-9956 p,2 Department of Energy Western Area Power Administration Rocky Mountain Customer Service Region P.O. Box 3700 Loveland, CO 80539-3003 Aura 0 3 2OD7 Mr. John Minatta OFP Development Company 2037 Lexington Court Fort Collins, CO 80526 Dear Mr. Minatta: Enclosed, for your records, is a copy of a fully executed License Agreement dated August 3, 2007, for the six (6) foot +/- Screenwall, Entry Feature, six (6) Tina Sargent Crabapple Trees, and four (4) Red Jewel Crabapple Trees proposed on Western Area Power Administration's easement for the Dixon Creek— Laporte 115/230-kV Transmission Line in Section 17, T.7N, R.69W, 61h P.M., Larimer County, Colorado. As stated in the License Agreement, a minimum overhead clearance of at least 16 feet from the conductors must be maintained at all times. Sincerely, Carey Ashton Realty Officer 2 Enclosures Sep 10 07 02:10p John Minatta 970-407-9956 p.3 PMR—LI-2007-25 UNITED STATES OF AMERICA DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Dixon Creels —Laporte 115/230.kV Transmission Line NESE Section 17, Township 7N North, Range 69W West 6th Principal Meridian, Larimer County, Colorado Vicinity of Structure 16/1 LICENSE AGREEMENT THIS LICENSE- AGREEMENT is made this 3rd day of August _ , 2007, between OFP DEVELOPMENT COMPANY (LICENSEE), whether one or more, and the UNITED STA S OF AtMERICA, Department of Energy, Western Area Power Administration (Western), represented by the officer executing this agreement, pursuant to the Reclamation Act, Act of June 17, 1902, 32 Stat. 388, and acts amendatory thereof and supplementary thereto, and the Department of Energy Organization Act, Act of August 4, 1977, 91 Stat. 565. WITNESSETH: Western concurs that the six (6) foot +,t- Screenwall, Entry Feature, six (6) Tina Sargent Crabapple Trees, and four (4) Red Jewel Crabapple Trees (FACILITY), proposed by the LICENSEE will not interfere with the operation and maintenance of the Dixon Creek — Laporte 115/230-kV Transmission Line, if constructed in the manner and at the locations shown on Exhibit .A, attached hereto and made a pan hereof. In consideration of Western's concurrence, the LICENSEE agrees to the following: (a) This license does nor grant any right, privilege, or interest in the land. The LICENSEE is responsible for obtaining any necessary land rights from the underlying landowner. (b) This license is only valid provided the FACILITY is constructed, operated, and maintained in conformance with the attached drawings and/or exhibits. Any relocations, changes, or upgrades require additional concurrence by Westem. LICENSEE agrees to alter or relocate its FACILITY facilities, including but not limited to, upgrades of th, at no cost to Western, to accommodate future modifications of Western's e transmission line. (c) LICENSEE shall notify Western at least 10 business days prior to commencing installation of the FACILITY to permit inspection by Wester. Contact Ron Miller in twr Chevenne Office. (307) 632 60i4. (d) To abide by and comply with all applicable Federal, State, and local laws and building and safety codes. (e) Induced voltages and currents may occur on the FACILITY constructed or placed under or near high voltage transmission lines. The LICENCEE shall be responsible for the protection of personnel and equipment in their design, construction, operation and maintenance of the FACILITY described in this License Agreement. (f) It is specifically understood and agreed that the United States shall have no liability and the United States assumes no responsibility for any liability, loss and/or damage resulting from injury or death of persons whomsoever, or damage to, loss, or destruction of property whatsoever, when such liability, injury, death, loss or damage results from or in connection with the use of Western's easemem area by LICENSEE. (g) This agreement shall be binding on the successors or assigns of the LICENSEE and Western. (h) LICENSEE shall limit any landscaping on easements to low growing vegetation that will not exceed 10 feet in maximum mature height. (i) A minimum overhead clearance of at least 16 feet from the conductors must he maintained at all times. LICENSEE John Minana OFP Development Company 2037 Lexington Court Fort Collins, CO 80526 (Srgnitere) �~ nClL4 / 1 C(i 61 cr (Yule) THE UNITED STATES OF AMERICA Western Area Power Administration Ric�CaTp- Brush Office Maintenance Manager Rocky Mountain Region Sep 10 07 02:11p John Minatta 570-407-9956 p.4 Western Area Power Administration EXHMIT A Rocky Mountain Customer Service Region Page i of Z ATTN: Carey Ashton, A7400.LV P.O. Box 3700 NOTE: A minimum overhead Loveland, CO 80539-3003 clearance of at least t to feet from the conductors must be maintained at all times. RIGHT-OF-WAY USE,E APPLICATION Date: �C! I Z I G� Transmission Line: L11 t2fl-e, 1 E6- KL4 Description of Proposal (Narrative): Tn s{-b- £ (n �ot (' (,-�-� SL teLnwG lLt FRtY�1 iPl1?Lt l e io Thus, 5ar r,t- C.-a ha"Aa -Fat , d- 4 W Sows-1 Cro-Im02C l rec.5 � Location: Section _, Township -IN , Range LjW , IrknVV.(Meridian) County: J (Uriff LC State: C-0 Complete if applicable: Subdivision Lot Block City PROFILE: Show the location, height (feet), and distance (feet) from the nearest transmission line structure. WAPA Stmeture WAPA Structure A'O. 16-1 _ ---> <--- No. Itc'Z Grou d Surface darg PLAN: Show the location and dimensions (in feet) of the proposed facility ill relation to the center conductor of the transmission line. EDGE Of ROW ------- --------- ----- ------ --------------- ------- ---- ------------- ---- - --- -- ------------ -EDGE OF ROW Transmission Line Transmission ! L ssion Line Se e- ee- ��Ne"/� Centerline WAPA Structure WAPA Structure No. Ito " � ----> I I <---- No. l is - 2- EDGE OF ROW---------- - ----- ------ - ------- -------------- ---- -- - - - -----EDGE OF ROW' NW1/4 NE11 North Show NORTH by arrow at (+) in block at left and show approximate Iocation in Section at right. Attach other drawings and information as appropriate. SW114 SE1/4 NOTE: Induced voltages and currents may occur on facilities constructed or placed, under or near high voltage transmission lines, therefore, the Licensee shall be responsible for the protection of personnel and equipment in their design, construction, operation and maintenance of the facilities described in this application. oFP ,y� /'t /'s Company: 2.037 LtXr�r lo+. Cry Name:(Please Print) Address: �i `oGliLa Signature Telephone No: ( Q'7O) 690 .L 6d 2 • I RCPTN a 93041083 06/21/93 14:51:00 # PAGES - 12 FEE - M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - j60.00 a.00 DISTRICT COURT, LARIMER COUNTY, COLORADO CASE N0. 90-CV-1077 FINDINGS OF FACT, CONCLUSIONS O------------------------------- F LAW, JUDGMENT PERMANENT INJUNCTION AND DECREE AND ------------------------- Z'OUZ -- EVELYN MINATTA, rout Plaintiff, M• 5S q�� V. DEC241992R. r. • h STATE EOARD OF AGRICULTURE, MARCIE CLERK LWD'nIN a Defendant. S: THIS MATTER came on before the Court on a written -stipu- lation thatthe following Findings of Fact, Conclusions of Law, Judgment and Decree may enter. a FINDINGS OF FACT 1. The Court has jurisdiction over the parties and the subject matter of this action. 2. The correct name of the defendant is the State Board of Agriculture, not Colorado State Board of Agriculture. ?,. 3. The plaintiff, Evelyn Minatta, is the record owner of a;•ti�, kha following described real property in the County of Larimer, Stale of^"Colorado,`' including any water rights appurtenant =Fr 'theretot A tract of lend situate In the SEl/4 of Section 17, 'Township 7 North, Rar^a 69 Nest of the 6th P.N., -Larlmer County, Colorado, which considering the East line of Said SE1/4 As bearing due south and with all bearings contained herein relative thereto is con- tained within the boundary lines which begin at a Point which bears south 15.00 feet from the NE corner of acidS81/4, and run thence south 576.3 feet, thence south 84•450 Nest 2651.8 feet, along an exist- ing fence line, thence Worth 00.021 Neat 577.5 feet along the north -south centorline of said Section 17, thence 3 t feet, thenceNorth84.53'OCast feet,320.00 cr feet t S.00o the point of beginning, plus the land between the .. ea8t-west centerlins of said section and the north Tina of the above described property, and any other -1- Fe" ! a—n-15 4M, v land within the fence lines marking the north bounda- ry of the above described property, said tract being subject to a right-of-way for a County Road known as Overland Trail over the easterly 30 feet thereof. The property was first acquired by her family June 22, 1929. 4. That defendant, State Board of Agriculture, is the owner of the following described property in the County of Lorimer, State of Colorado: The N1/2 of Section 17, Township 7 North, Range 69 West of the 6th P.M. 5. The south boundary of the land of defendant, State Board of Agriculture, is the north boundary of plaintiff's land. 6. Since construction of an Equine Center on defendant's property, surface water run-off from the portion of the NEl/4 of such section used for such center has been changed in such a manner that the parties agree that a permanent injunction should enter in this action against the continuance of such discharge. 7. This drainage problem can be solved by the installa- tion of a detention pond on defendant's property to capture - run-off water from the Equine Center, its improvements, corrals. and parking areas, and constructing an underground pipeline.to% carry this water underground in a southerly direction the -to Pleasant Valley 4 Lake Canal ditch. s. For the compensation to be paid by the defendantr and money to be paid by the City of Fort Collins, the plaintiff is . willing to grant a right-of-way to the defendant and the City of Fort Collins for the installation of two underground pipe- lines as hereinafter provided. 9. That there was an easement granted by, the defendant to the City of Fort Collins, a municipal corporation# for a wa- ter line along the south side of the defendant's property easement is described in instrument bearing '. Receptiod-+Ro 85035616 of the Lorimer County records. in the course of 'in stalling this water line, some subsurface water was sncoaotered which has been temporarily piped to the Pleasant Valle-a.Laks p ; Canal ditch to dispose of same. The City of Fort Collins^and' the State Board of Agriculture have agreed to cooperate In the' - Installation of the City's pipeline and defendant's`15-inch non-perforatod pipeline aide by side within the boundaries of an easement across the plaintiff's land, as hereinafter ptovid :. ad, to dispose of run-off water from the &"a'of tho,72 ins p , Center improvements and the water which resulted -from "aw:-' stallation cf an underground City water line. _2- hes 2sb /beam: i i +J F 30. Defendant has agreed promptly to construct the deten- tion pond and pipeline and the ten- underground pipelines to be pie red and in operation not later than February 1, 1993, completion is unless prevented by inclement weather or some other cir- cumstance beyond the reasonable control event, construction shof defendant. In that all be completed no later than April 1993. During constru30, ction of the pipelines, access to the westerly portion of the Minatta property shall be maintained. The surface of the plaintiff's land affected by the pipeline construction shall be restored as near as reasonably possible to the condition same was in prior to construction AprilEquine 30, 1993WIbe of the The oahall . construction belie accordance with the plans and Specifications for CSO v, Project No. 11006, Bid No. 600137, prepared by RED, Inc., Engineering Consultants, Colorado State 'University 4 {' for the tentiEquine Center, including the De- on Pond, Storm Drain and Water Main Subareas Plan and Pro- file prepared for Colorado State University dated August, 1992, including Addendum No. 1, or with such modifications to such plans and Specifications as are agreed to by the parties in writing and which are filed with the Court. a'nq �,.�° il. The City of Fort Collins and the State Board ricultre need of Ag- an easement to ba.installed. lay and maintain the pipelines to That approval of the Pleasant Valley a Lake. Canal Co=Pony moat be obtained to allow the diechnrge of the water .:into it8 ditch and is a condition of this decree. It Written ' Ipleasant ipnot obtai ed, the Courandt Will ve cedVoling, a acres and fuanal rther ovo �.. coasidet the =alter prlullt to pleadings and Disclosure car- :tlfieatea. 13. Other terms of settle=ent betweon the parties are an - Le jbudgment a the ecree tal portion of these findings, conclusions, CONCLUSIONS— OF tAN 14. The Court concludes, based on the stipulation of the parties, .that a permanent injunction, as hereinafter contained in the Ducrae, should Issue against the defendant, its offi- cars, agents, servants, employees, and attorneys, and upon those. persons in active concert or participation with it who receive actual notice of the order by personal service or oth- erwise, on the terms hereinafter provided. JUDGMENT AND DECREE IT IS ORDERED, ADJUDGED AND DSCREED1 -3- Ra,1Lw LZ Pw.a 15. The caption in this case is ordered changed to show defendant is the State Board of Agriculture. 16. The defendant, the State Board of Agriculture, its and officers, agents, servants, employees and attorneys, and any persons in active concert or participation with it who receive actual notice of the order by personal service or otherwise are enjoined from discharging water which falls on or flows through the Equine Center improvements, including the roofs of the in- door arena, classroom and office building, horse shelters, in- ! - cluding any water collected in the two pollution retention j ponds below the horse shelters, and parking lots, roadways and concrete drainage slab onto the plaintiff's land. No water from the retention pond shall be discharged except through the 15-inch drain pipe, and no water from the existing pollution - ponds shall be permitted to reach plaintiff's property. The Equine Center improvements are located in the NB 1/4 of Section 17, Township 7 North, Range 69 Nest of the Gth P.M., Lorimer County, Colorado: Any discharge of water from said NH114 shall be controlled by the installation of a detention pond on defen- dant's property to capture any runoff and enable its release into an underground pipe from the discharge point in said de- tention pond across the property and into the Pleasant Valley a Lake Canal ditch. If the defendant's collection ponds and distribution system are functioning as intended, and natural runoff is nevertheless discharged from areas not flowing into ,` the ponds and onto plaintiff's land from defendant's property ; �::? in the NE 1/4, and this runoff is not contaminated by running,;z. over or through the improvements made for the Hgeine Center �y;. is not runoff water channelled onto- plaintiff's property 'in amounts larger than historically would have been come from those same areas, the discharge of such water is not prohibited by this decree. The detention pond and pipeline shall:mset the requirements of The for the defendant, RBD, Ino.y. and the plaintiff., David Frick and Resource Consultants,'Inc. The Court will resolve any dispute, if any there be, an to require- ments of such pond and pipeline. The detention pond will hold a minimum of 40,825 cubic feet. Water fr-m same shall be re- leased only in quantities within the capacity.of a -15-inch pipe, except as is in accordance with the discharge that say, be, made to the pipeline referred to in the;- plane ,sand specifications for the CSO Project No. 11006, Hid"Wo prepared by RBD, Inc.,-Hngineering- Consultants, Colorado State University Equine Center ineluding'the Detantioht Pond, Storm Drain and Water Main SubdrainPlan and PibLlla dated August, 1992, including Addendum No. I'and approved by �1�+� the Pleasant Valley a Lake Canal Ditch Company, Willis Stith, President, on September 22. 1992,or with such sbdifieatlona.to , such plans and specifications as are agreed.to ,by 'the ppaarrtt�1b in writing and which are filed with the Coat. Copp ot'lhaai��rp plans and specifications ere made a part of the Court-riopid: Y >� I y t 1V A 1 4 tA1ft�kYii,': 17. The State Board of Agriculture and the City of Fort Collins are granted a permanent easement ten (10) feet in width on each side of the center line, a total of twenty (20) feet, solely for the pipelines to carry this water. A temporary easement forty (40) feet wide is allowed to the City and defen- dant, State Board of Agriculture, for construction with the property to be restored to the condition prior to construction and reseeded as necessary to restore grass. No other person or entity has the right to use this easement. The City of Fort Collins has agreed as soon as possible to furnish, at its ex- pense, a legal description of the center line of the easement and location of the pipelines to said Pleasant Valley i Lake w:.Y, Canal ditch. Said description shall be filed in this action `ji; and identified as such, and will be incorporated by reference va ? in this decree as though fully set forth herein. The defendant + , and City of Fort Collins shall be obligated to maintain in per- patuity their individual pipelines once installed. The ease- *),g Moof nt ranted, the Fort Collins and the duties of the -City created are sity toth City Council.C'E.X/? approval of the Port Collins + 4,0 „N�� 18. The defendant, the State Board of Agriculture, shall be responsible to maintain the detention pond and its outlet woorksc to be constructed on its property, and said pipeline, in ;.., .+. •., •.,:;ram;.:• condition. - 19. Plaintiff, her grantees and successors, shall have the right at a future date to relocate the City's pipeline within the boundaries of plaintiff's property at the then awn- , er's sole expense. Relocation of the pipeline shall be allowed provided the function and efficiency of this drain line is not diminished and cost of future maintenance is not increased, or the landowner agrees to assume maintenance of the pipeline on owner's property. If there is a relocation, plaintiff shall give the City forty-five (45) days' prior notice stating the exact changes to be made and new location,, and the City shall have the opportunity to inspect and approve the installation. Any,reasonable requirements of the City as to construction, placement and material shall be met by the landowner. In the event'of relocation,a new easement of the same size shall be granted by plaintiff, and the City shall vacate the existing easement. However, the City's acceptance of the new easement and its vacation of the existing easement shall be subject to approval of the Fort Collins City Council. Construction of the now pipeline shall be completed and in place before the old Pipeline is removed. In the event of any relocation, the the y -City shall remain responsible for maintaining its drain line to ,'the extent it is located within the City's easement located on defendant's property and keeping the drain line clear of any obstructions originating therefrom. 20, Plaintiff, her grantees and successors, shall also have the right at a future date to relocates defendant's -5- Pegs 1L_of..Lpspss. Y Knowkd e to Go Places Real Estate Office 1421 South College Avenue Fort Collins. Colorado 80524 PHONE: (970) 472-0491 FAX: (970) 472-2608 November 9, 2005 John Minatta 2037 Lexington Fort Collins, Cc 80526 Dear John, This letter is to inform you that on October 7, 2005 the State Board of Governors approved ROAN to the City of Fort Collins for the extension of Elizabeth Street in accordance with the attached agenda item. Please contact me if you have any questions. Sincerely, Nancy Hurt Interim Associate Director i ine in thof l,jotif enlowner's hsale expensethe dar ies Relocation of the pipeline sat hall the allowed provided the function and efficiency of this drain line is not diminished and cost of future maintenance is not I, - Pipeline creased, or the landowner agrees to assume maintenance of the pipeline l owner's property. If there is a relocation, plain- tiff shall give the defendant forty-five (45) days' prior no- tthe defendant ice stating the exact changes to be made and new location, and shall have blrrto soapprove installation.Ayreasonaerequirements f defendant i to construction, placement and material shall be landowner, In the event of relocation, mot by the a n same sire Shall be granted new easement of the by plaintiff and defendant shall va .Cate the existing easement promptly upon. request new Casementisof record. Construction of the 'new pipeline shall `- be Completed and in Place before the old pipeline linemshal In the event of any relocation, the defendant shall remain re- thenextentfor it is located onits retention defendant's and and drain d line to the drain line clear of an obstructions oiiginailnq on kdefeng dant's property, y ofor the 21. The defendant, the State 'Board of Agriculture, will across thainstalledpandenott oits apipeline fy$1200 00 before sy December 1, 1992. Once laterethaann the City Council has approved and ac- cepted conveyance of the easement to the Paragraph 17, City as granted . the City of Port Collins n Minatta the sum of $2000.00. shall pay to Evelyn, 22. Engineers for the City of Fort Collins end thedefen- dant, State Board of Agriculture, and plaintif f will Cooperate to work out engineering details so that the Minatta property and defthe Cifendant's non-perfora'e tad pipelinepeof IS -inch diameter are installed side by aide Within boundaries, of the said casement to carry the water fromCollins water line easement ddrainage fromethe treof Fort tention Pond on the University property to the pleasant Valley t Lake anal Ditch. Both pipelines cOf One n shall be cried to a minimum depth d One-half fast in r4CLake to enter the Pleasant Valley Canal ditch obtain at an drainage ose sectionsthe 6level. shall pipeline not buried one and total d arthen barnthat the depth of bury is one and one-half feat berm shall be gradual the so as not to create a barrierh pe:`of to the westerly ft MI Ma to use property. Plaintiff mnsp ,= the surfaco then assure ing, but not limited use eit�with to, driving across any `i that does not exceed standard nMAlole i a such as an automobile street vehicle weight llftitatione tractors, hay baler, or pickup truck,stand d farm trucks, - nee not unto interfere with the city, or the detfifDdufllh right use to uss the easament. However, any damage to rSge r� or" PM M S 134{ q, ado r! °�'.°{ A 5�+'nX pipeline from reasonable use of the surface by plaintiff shall be the City's responsibility. Any damage to the defendant's pipeline from reasonable use of the surface by plaintiff shall be the defendant's responsibility. The City or defendant may sleeve a portion of its pipeline or construct it using rein- forced materials and designate this portion, at a reasonable - location which plaintiff shall approve, as a heavy machinery or e truck crossing, which shall be used by the plaintiff for access n +: for heavy equipment. It is understood by plaintiff that .the depth of bury of the pipelines- may -not-be below plow depth and that the plaintiff accepts the risk of damage to the pipelines from plowing inside the boundaries of the easement. 23. After the installation of the pipelines, the area where the pipelines are installed shall be promptly and proper- ly, packed, levelled and reseeded at defendant's expense. The City of Port Collins and the defendant shall be obligated to maintain their respective drain lines across plaintiff's prop- erty and will have the right and obligation to repair and re- place same as needed with access at reasonable times to carry out such obligations. Payment shall be made to the then owner of plaintiff's land for any damage to the land and loss suf- fered by the owner on account of such repair and replacement. 24. The defendant shall properly maintain the detention pond and appurtenances which shall be constructed on its prop- erty. 25. That plaintiff has expended in excess of $1000.00 for expert witness fees in this case and the defendant will prompt- ly reimburse plaintiff $1000.00 for such expense. 26. If this decree is not vacated because of matters stated in paragraph 12, plaintiff waives other claims for prior damages for loss of pasture rent. By approval of this decree, plaintiff also releases any other claims of any nature previ- onsly existing by approval of this decree. nothing in the re- lease provisions herein is a release of any failure to carry out the terms of this decree. 27. The matter of attorney fees and any facts pertaining to said. claim is reserved for future determination by the �Court.'The -plaintiff shall submit aVerified Statement of her claim within fifteen (15) days after the decres'has been signed and defendant to respond in fifteen (15) days thereafter. Thersafteri-.the Court will set this issue for trial to the Court and gigs notice.to all parties. �26. The Court shall retain jurisdiction during the con- struction of the detention pond and right-of-way so that on mc- tion any matters not resolved by the parties my be brought be- fore the Court for resolution. -7_ % of 12-papew N I 29. This decree shall be binding upon and for the benefit of the parties, their Grantees, personal representatives, legal representatives, euccaeaore. and assigns.,:,�'_�y i 30. - Once the approval of the Pleasant valley a Lake Cann Company and the City of Fort Collins is obtained and the survey filed, a certified copy of this decree shall be recorded with a copy of the surveyed description of the easement granted. DATEDt lno rnaPn_. '7 �Qqa { BY THE COU DISTRICT JUDGE APPROVEDt THE STATE BOARD OF AGRICULTURE By GALE A. NORTON, Attorney General * }w PAYNOND T. 6LAOGBTBR, Chief Deputy 4_`xi yr s-M Attorney General TIMOTHY M. TYMROVICH - +r Solicitor General i.,+>�^ TIMOTHY R. ARNOLD Deputy Attorney General GREGG E. RAY r First Assistant Attorney General Pi —L0 GEORG METHE, o AeaSa! -Arlo ey. Tort Litigatio Section ' a+ ATTORNEYS FOR DEFENDART'S 1515 8herman�-�Street r Sth Floor Tsnver, Colorado $0203 lepb not (303) 866-3611 •Coansalof record n 8 � •, t 1 MM1114�$ wid i r ( Rr\Th ra `y3 Hp .. htr 3' M�;t�,�� �+.�Vi •�b� � � tip l� � , 1 'APPROVED - HILL, RILL i MANGES, P.C. -ej..-.. Aldtln 4114 No P.O. Box 421 160 N. Mountain Avenue Fort Collins, Co 80522 Telephone: (303) 482-3683 ATTORNEYS FOR PLAINTIFF E ELYN fJ NATTA,­-Intiff THE CITY OF FORT COLLINS, anon -petty, ,�, :. •..�:. APPROVES AND ACCEPTS THE EASEMENT GRANTED UNDER PARAGRAPH 17 AND THE OBLIGATIONS •�„ UNDER PARAGRAPHS 17, 19, 21, 22 and 23, CITY OF FORT COLLINS# a municipal corporation O�i ay ... - C tyC M yar t 115�. TORMt a X1 etant y ttoraey v - x i gF "J � lMM`� �" n� t` �MY+Y IIV DISTRICT COURT, LARIMER COUNTY, COLORADO iCase No. 90 CV 1077 --------------------------------------------------------------- � ORDER APPROVING LEGAL DESCRIPTION EVELYN MINATTA,� Plaintiff, /1'.)N- `e I V. Chi I COLORADO STATE BOARD OF AGRICULTURE, Defendant. The attached 'Description For A Permanent Easement" pared by Gerald D. Gilliland on July 9, 1992, for the Cityof re - Fort Collins is incorporated in the Decree by reference as paragraph 17 provides. DATED this aN-d' day of 1992.LJRGf.M.4p� BY THE Co /VIDisstricct` ourb u go R^3 � � 2 rj ,t T"nWyIia, `"rrxc2r lto ,i f.i 5 Ar 1\, CHAINLINK FENCE E 1/4 CORNER SEC. 17-7-69 POINT OF FND. ALUM. CAP BEGINNING IN RANGE BOX -1 S85'20'55"W 679.5'_�_ 'n Uzi SCALE: 1".200' r���? •` �O < ,n'� m �J > O } PLEASANT VALLEY CORNER AND LAKE CANAL SE SEC. 17-7-69 FNO. ALUM. CAP - ^'. IN RANGE BOX t" ! DESCRIPTION FOR A PERMANE14T EASEMENT An easement over and across that certain parcel located in the South Half of Section 17, Township 7 North, Range 69 Nest of the • tit 6th Principal Meridian, Lorimer County, Colorado, being more particularly described as follows: rl That portion of an easement 20 feet in width located on the subject ` parcel with foreshortened and prolonged sidelines to meat the - tw ; property .lines of the parcel and shall be 10 feet each side a 'measured at right angles and parallel with the centerline described as follows: i `Considering the Bast line of the Southeast quarter of said Section d 17 as bearing South 00•31100" Nest from a found Aluminum Cap at the Beat Quarter corner of said Section 17 to a found Aluminum Cap at ::the' Southeast corner of said Section 17 and with all hearing contained herein relative thereto: I Commencing at the East quarter corner of said Section 17! thence 4, ;�.-J South 05.20135" Nest, 679.5 feat to the POINT OF BEGINNING of said e ! centerline; thence along said. centerline South 47.11'10" East, - 567.0 feet to the terminus of said centerline, said point being on the north edge of Pleasant Valley and Lake Canal ditch. rI - The above described tract of land contains 0.260 acres and is ? , subject toall easements and rights -of -way now on record or existing. SHEET 1 OF 2 i qac �e9� .rr rz ee•—d— lee. ,, . ,• EnOM»HMO Conwhanta A,, , k4 �, �yy r { 1 i + bvgr2 t' F% 4 SAY -44 N 4 -1, DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT An temporary construction easement over and across that certain parcel located in the South Half of Section 17, Township 7 North, Range 69 West Of the 6th Principal Meridian, Lorimar County, Colorado, being more particularly described as follows: That portion of an easement 40 feet in width located on the subject parcel with foreshortened and prolonged sidelines to most the property lines of the parcel and shall be the westerly 40 feet of the westerly So feet measured at right angles and parallel with the centerline described as follows: Considering the East line of the Southeast Quarter of said Section 17 as bearing South 00.31100-1 West from a found Aluminum Cap at the East Quarter corner of said section 17 to a found Aluminum Cap at the southeast corner of said Section 17 and with all bearing contained herein relative thereto: Commencing at the East Quarter corner of said Section 17; thence South 65'20'55" West, 679.5 feet to the POINT OF BEGINNING Of said centerline; thence along said centerline South 47011130" East, 567.0 feet to the terminus of said centerline, said point being on the north edge of Pleasant Valley and Lake Canal ditch. The above described tract of land contains 6.521 acres and in su bject to all easements and rights -of -way now on record or existing. SURVEYOR'S STATEMENT! 1, Gerald D. Gilliland, do hereby certify that this plat -and legal description Vero prepared under my personal 9 the above is correct supervision -this t, sy,;, d th* ay of knowledge. 1,1 D G J48;2 A 'Gerald F CP Notice- AcCG>1R1m`0eKF* 'Colorado 'law, YOn" must"co legal action based upon any Watt In this PUZ three years after you first discovsrJimeb deft event, MAY any action based Upon� any-ftfft survey be commenced more then ton you,$ frm'i this certification Colorado State University Board of Governors Meeting — October 7, 2005 Approved MATTERS FOR ACTION: Land: Conveyance of Real Property to the City of Fort Collins for future extension of West Elizabeth Street along the south boundary of the Foothills Research Campus. RECOMMENDED ACTION: MOVED, that the Board of Governors approve the conveyance of approximately 0.15 acres along the southern boundary of the Foothills Research Campus to the City of Fort Collins for the future extension of West Elizabeth Street. FURTHER MOVED, that the Vice President for Administrative Services of Colorado State University is hereby authorized to sign the standard right-of-way deed and other documents necessary and appropriate to consummate the transaction with modifications made in consultation with General Counsel. EXPLANATION Presented by Keith Ickes, Vice President for Administrative Services It is proposed that 0.15 acres be conveyed to the City of Fort Collins for the extension of West Elizabeth Street along the southern boundary of the Foothills Research Campus. The adjacent land owner is seeking to complete a residential development on the property immediately south of the B.W. Pickett Equine Center. As part of the annexation and development process the City of Fort Collins has asked the property owner/developer to work with the University to obtain the right-of-way as a part of the development process. University staff has reviewed the proposed right-of-way extension X Consent Item Action Item Report Item Colorado State University Board of Governors Meeting — October 7, 2005 and believes it is in the best interest of the University for future development of the Foothills Research Campus to work with the owner/developer on this request. (See attached map.) Property Background The affected property is located at University's Foothills Research Campus along the southern boundary adjacent to the B.W. Pickett Equine Center. The property is currently encumbered along its length by a large water line easement to the City of Fort Collins. The eastern portion of the requested parcel is also encumbered by both underground and overhead electric easements as well as telecommunications and irrigation lines. Detailed Description of Proposed Right -of Wav/Easement The proposed right-of-way will allow the owner/developer to provide access to the residential development from a road that lines up with existing City arterials. The right-of-way will meet City standards for connections and crossover to the existing West Elizabeth Street. All improvements will be constricted such that existing utility services lines are not adversely impacted. The right-of-way will be conveyed directly to the City of Fort Collins at such time as the development of the property is approved by the City and payment is received from the owner/developer. The University will also make it a condition of the conveyance that the University can connect an internal campus road to the West Elizabeth Street extension at some future date. Impact to University Property/Facilities There is no direct impact to University facilities; however, increased residential development along the southern boundary of the Foothills Research Campus may increase the chance for complaints from neighbors due to the animal use of the area. The University can not keep the development from occurring and the staff review indicates that there may advantages to working with the owner/developer in this instance. Advantages include: 1) the extension of West Elizabeth Street will provide an added buffer/barrier between residential development and the equine facilities, 2) the potential to connect to or create an alternate entry at the south end of the Foothills Research Campus in the future will be an Colorado State University Board of Governors Meeting — October 7, 2005 advantage if redevelopment of the area were to occur, 3) the alignment of the road serving the new residential development with the current intersection will help traffic flow, improve traffic site lines and will be safer than an alternative access point. ConsiderationNalue Determination The consideration for the conveyance of the right-of-way is $3,000. This value was determined using an appraisal by Bonnie Roerig, MAI dated October 31. 2004 on the owner/developer's parcel for the City's taking of land for a storm water detention pond on the property immediately south of the proposed right-of-way. Funds received for the right -or -way will be deposited in the University's general land acquisition fund for future land acquisitions. Special Requirements: This right-of-way will be a three party agreement between the University, the City, and the owner,/developer. The owner/developer will compensate the University for the property and the University will convey the property directly to the City. The University will be granted the right to connect an internal campus road to the extension of West Elizabeth Street. Colorado State University i B.W. Pickett l Equine Center Prospos ed ROW College _ Like . spirt Rd 7 G 7 / 1 - AkOL Equ}ne I Cenjek> CDC '` ` �,� 1 ROW Foothills Campus t—'—i I November 16, 2005 John Minatta 2037 Lexington Ct, Fort Collins, Colorado 80526 RE: Property Development I101 S. Overland Trail Fort Collins, Colorado 8052t Dear Mr. Minatta, C~A►tv( ��niversity li�2011led{e to Go Places Facilities Management Fort Collins. Colorado 80523-6030 This letter is intended to express our willingness to work with you in the development plans for your property located along Overland Trail and south of the Foothills Campus property We vnli cunt;-uw, to participate and review the storm water design with you, your consultatits and the City. Our expectations include: 9 f#i.storic Flow Rates — Th storm drainage system oil y,)ar property must pass all !;'the historic flow rates off of CSU property. • Southern Property Line Berm — CSU reserves the right to leave the berm or remove the berm to accommodate future site renovations. We will continue to work with the City to provide access for their water line. • Point of Drainage Conveyance -- The point of conveyance of storm water from our property onto yours as depicted in your drawing of November appears acceptable. However, we need additional information and time for a review by our consultant. Steve Hultin will be in contact with you. I look forward to working together on your project. of Facilities Management io . -r k Green Division of Administrative Seiwices W Lights I�4i I . . December 20, 2005 Mrs. Susan Joy Engineering Department 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522 RE: Project: Bella Vira Variance Request: Lane Alignment JSD Project No. 2427 Dear Susan: LANDSCAPE ARCHITECTURE PLANNING ENGINEERING GRAPHIC DESIGN We are hereby requesting, with the submitted Preliminary Development Plan (PDP) for the above -referenced project, a variance to the Larimer County Urban Area Street Standards (LCUASS) for a lane alignment. The variance is requested to allow for a 4' lane shift of West Elizabeth Street as it crosses Overland Trail. The attached exhibit displays the locations of the proposed non-standard street intersection. Current standard 8.2.2 of the LCUASS allows for a maximum 2' shift in horizontal street alignment as it cross an intersection. We are asking for a variance to this standard to make room for an existing air relief value on a 16" City waterline. This 4' shift was suggested by Eric Bracke and discussed at a work session with Roger Buffington, Susan Joy, David Averill and Eric Bracke on September 22Ed 2005. The variances requested for the proposed non-standard lane alignment: • will not have a negative impact on capital or maintenance cost requirements for the City or property owners; • is not anticipated to reduce the life of the proposed roadways; and • will not be detrimental to the public health, safety or welfare and will not result in decreased sight distance or unsafe turning movements. We feel that this variance will allow us to meet our objectives of allowing for an existing air relief valve to remain, while not creating additional maintenance costs or safety concerns for the City/property owners. E:IPROJECTFQ.ESVAA7)12Q7-Minh Pmpenyl cs12427mn "ce rMume srreetshifr 12.20.45.dx 153 WEST MOUNTAIN AVENUE FORT COLONS, COL0RAD080524 P970484.1921 F970.484.2443 INFOgiUIMSELHE IGN.COM 11MSELLDESIGNCOM