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Home My WebLink AboutDRAKE PARK - Filed GC-GENERAL CORRESPONDENCE - 2003-07-31720 Pearl Street Boulder, Colorado 80302 March 1 1 , 1974 Mr. Roy Bingman ,City Hal 1 � Fort Collins, Colorado Dear Roy: I would like to document our agreements over the post five weeks relating to the utilities and improvements I am committed to construct in Drake Park. The attached documents should define all the work items to be done and the minimum which are required prior to the issuance of building permits, and prior to the issuance of certificates of occupancy. These requirements have been organized into 2 development phases for the first filing, basically the easterly 4 acres, and the westerly 4 acres. This has been done to reduce the front end costs of lots which may not be developed for a few years. However, I have agreed to develop both phases of the road in front of Drake Park at one time due to the new ordinance increasing the percentage of road construction the city will pay and the city's desire that the entire new lane on Drake be completed as soon as possible. Cost proportionment was agreed to as follows: (a) Drake Associates will pay for an 8 ft. overlay of the existing Drake Road for the entire Drake frontage (approx. 1 1 50 linear feet) � d`' (b) Drake Associates wi l l pay for 12 ft. of surface and --4a+f -of the -base and sub -base (7") for the entire Drake frontage (c) The City of Fort Collins wi l l pay for the e-t-� has f o-f--lase and -sub-base (7") -requi red in item (ir) for the described 12 ft. width along the entire Drake frontage. (d) The City of Fort Collins will pay for 20 ft. of surface and `14' of base and sub -base for the entire Drake frontage. (e) Drake Associates will pay for the curb and gutter and sidewalk for the entire Drake frontage. ,, ,.' - ,. In addition to the above,Drake Associates agreed to construct the sidewalk along Redwing for the 2nd filing at the same time it constructs the sidewalk along Redwing for the first filing. This sidewalk should be constructed in the next few months. Roy, if you see any problems with my understanding of our agreements, please let me know as soon as possible. cc: Reid Burton Burton Construction Co. Yours sincerel , Barr E. Cunningham Y General Partner Drake Associates Limited UTILITY WORK ITEMS TO BE COMPLETED IN DRAKE PARK - FIRST FILING- 1. Construct curb, gutter, and sidewalk and eme- arn-e---o= road along Drake Road from a4>eut the, fn+ddle of lot 5 to Redwina Road (approx. 40 linear ft.) 2. Construct a sidewalk along Redwing (approx. 440 linear ft.) 3. Construct a drainage line north of lot 5 to Drake Road (approx. 72 linear ft.) 4. Construct a drainage line from Redwing toward lot 2 (approx. 144 linear ft.) `= � 1 u 5. Construct a water line from Redwing to the easterly edge of lot 4 (approx. 480 linear ft.) 6. Construct a sewer line between lots 3, 4, and 5 (approx. 343 linear ft.) 7. Install a fire hydrant in front of the westerly edge of lot 3. 8. Install a fire hydrant near the south-east corner of lot 2. 9. Construct a drainage line from Redwing west approx. 463 linear ft. 10. Complete the water main loop around to Drake. 11. Install a fire hydrant at the south-west corner of lot 7. 12. Install a fire hydrant at the north-west side of lot 8. 13. Construct a sewer line between lots 6 and 8. 14. Construct curb, gutter, and sidewalk and one lane of road from about the middle of lot 5 to the westerly edge of lot 8. * See attached utility plan L JOAN 1 j1 1 WI LLIAM C. STOVER ATTORNEY AT LAW UNITED BANK BUILDING -SUITE 315 FORT COLLINS, COLORADO 80521 November 3, 1977 mr. Barry Cunningham Drake Park Associates 333 West Drake Fort Collins, Colorado 80521 Dear Barry: P. O. BOX 523 482-3664 AREA CODE 303 I reported to the Board of Directors of L•arimer County Canal No. 2 Irrigating Company the results of our meeting to look over the boundary lines along the No. 2 Canal and also reviewed with thorn your P.U.D., particularly as it pertains to parking on the southwesterly sine of your land. The Board realizes your dilenna. Now that your P.U.0. has been approved, it: makes it more difficult for an actual exchange of land by Quit Claim Deed. Your suggestion that an exchange be maee on the easterly extremity, but not on the westerly, was consiOered by them to be a wholly one- sided proposition and defeated the only purpose the ditch conrany had in mind, which is reasonable ingress and egress for the r..aintenance of their ditch which, amcngr other things, Toill prevent possible flooding of your improvements at some time in the future. The Ditch Company Board is adamant that they must have this reasonable ingress and egress right-of-way along their ditch, and will exercise the same regardless of the layout of your PX.D. Unless something can be worked out amicably, please consider this notice to both you and the City that the ditch company fully intends to maintain reasonable access at all tiles to their catch bank from Drake Road to Redwine Drive. Again, we wish to express our concern for not only maintenance but safaty of the public, particularly children, would access be denied to r:.aintenance and emergency vehicles. Respectfully yours, WCB : s 1 William C . Stover, Secretary ccs 4r. Glen A. Johnson City Engineer drake associates, Itd. January 4, 1978 Mr. William C. Stover United Bank Building - Suite 315 Fort Collins, CO 80521 Dear Bill, I believe my position, that the Canal Company can use the parking areas in Drake Park from which to maintain their ditch, is a fair one. I will not be intimidated by a position such as stated in your November 3, 1977 letter. As I told you last Spring, if you have a legal right to my land, show me the legal document. Since you have not done so, I assume you have no such right. Yours sincerely, Barry. Cunningham BEC:jas cc: W. Glenn A. Johnson !/ City Engineer A. March f�L one drake park, suite 32 333 west drake road fort collins, colorado 80521 .,.MMENNSIb MARCH, MYATT, KORB, CARROLL & BRANDES ATTORNEYS AND COUNSELLORS AT LAW ROBERTSON BUILDING 110 EAST OAK STREET ARTHUR E.MARCH,JR. RAMSEY D. MYATT MARK L. KORB JOSEPH T.CARROLL,JR. ROBERT W. BRANDES, JR. RICHARD S. GAST Mr. Mark Engemoen Civil Engineer II City of Fort Collins Post Office Fox 580 Fort Collins, CO 80522 near Nark: FORT COLLINS, COLORADO 80524 ,303; 482-4322 October 13, 1983 ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P. 0. BOX 469 FORT COLLINS, CO 80522 At the request of :fir. Parry Cunningham, this letter is writ- ten in response to your letter addressed to hire, Dated Septetober 15, 1923. -Your last letter pertained to a 0rainl.ine nr000sed to be installed by PF,CO Fuilders, Inc. behind the sidewalk along Drake Poa(9 in Drake Par'<.. Mr. Cunningham had previously refused to allow this installation a,)sent a bond or other adequate guaran- tee of repairing any damage done durinc the installation of the drainline and continued maintenance of the drain.line without da.m- aqe to common improvements. Your letter advises that the City will take full responsibility for any damage resulti_nq from the installation of the drainlin,-. This is not adequate since it does not incluA e responsibility for any damage caused 1-y the continued maintenance and/or rer-air of the drainline. If the City will undertake to assure responsibility for any such damage, the grant of right to use the right-of-way by the City for this purpose will he accepted k,v the Drake Park Owners Association. Absent such assumption of r_esponsihility, Drake Park will continue to require a bond or other adequate guarantee. If anything further is needed in connection with this matter, please advise. If the Citv is willing to assume r_esponsi.hility as reouested in this letter., please send the original of the letter doing so to Mr. Cunningham with a copy to rate. Sincerely yours, i ARCM , MYATT,# KORB, t B y : Arthur F . Parch," AFM/clh RROLL & PRANDES i' Jr. September 8, 1983 City of Fort Collins Attn: Marc Engemoen P.O. Box 580 Fort Collins, Colorado 80522 Dear Mr. Engemoen: PEMCO Builders, Inc. wishes to construct a drainline for a sump pump for the new building on Lot 8 of the Replat of Drake Park. The proposed drainline would be installed behind the sidewalk along Drake Road, running east approximately 300 feet and tying in to the existing catch basin. I understand and agree that PEMCO Builders, Inc. is solely responsible for the proper installation and maintenance of this drainline and for the prompt and complete repair of any damage to public or private improvements which may result from the installation and operation of this drainline. I also understand that the City will obtain permission from Mr. Cunningham, the owner of Drake Park, for the installation of the drainline. When such permission is obtained, I will contact the City's construction inspectors prior to installation of the drain. Sincerely, 0-, Pete Cottier PEMCO Builders, Inc. CITY OF FORT COLLINS MEMORANDUM DATE: August 29, 1983 TO: Bob Smith, Assistant City Engineer - Storm Drainage FROM: Marc Engemoen, Civil Engineer II RE: Sump Pump at Drake Park I believe I have explained the sump pump problem at Drake Park to you before. Briefly, Pete Cott_Ler has a sump pump with no outlet. The two possibilities are to discharge it into the curb and gutter or into a small pipe behind the sidewalk. The distance to the nearest catch basin is approximately 300 feet. Obviously the pipe behind the sidewalk is the best solution. Unfortunately, the developer of Drake Park, Barry Cunningham, refuses to permit this construction without some guarantee that any problems the pipe might cause will be corrected. He wants Mr. Cottier to provide a bond or escrow account, or have the City provide a letter assuming responsibility. I've spoken to Paul Eckman about this. He thinks Mr. Cunningham may be able to refuse to permit: the construction even though it is within the City right- of-way. He also recommends Mr. Cottier be required to bond the construction. All of these seem out of proportion to me. By denying permission to drain the sump pump into the sanitary sewer, the City has placed Mr. Cottier in a difficult position. It would obviously be simple for him to outlet into the curb and gutter, but he realizes this is not the best solution. He wants to accommodate the City by installing the pipe, but I feel the guarantee we're requiring is unreasonable. I think we should have Mr. Cottier provide a simple letter agreeing to repair any damage caused by the construction. We should, in turn, provide a letter which will satisfy Mr. Cunningham. Our inspectors will monitor the construction, and the problem will be resolved. I don't feel I can take this action at my level, but hope you or Tom will agree with my proposal. The hassles with bonds and maintenance guarantees are uncalled for in a case this simple. Please let me know what you want me to do on this as soon as possible. Drake Executive Plaza 2625 Redwing Road, Suite 210 Fort Collins, Colorado 80526 (303) 223-7567 Mr. Pete Cottier PEMCO Builders, Inc. 1241 Riverside Fort Collins, CO 80524 Dear Mr. Cottier: DPDrake Professional Park August 23, 1983 I have contacted Mr. Engemoen and he is looking into the legalities of a private use of a public right-of-way. My attorney questions whether this can be done. I did tell Mr. Engemoen that if the City took full responsibility for any landscape or sprinkler damage to the right-of-way area the Office Center Owner's Association would agree. At this point it is my understanding that the City will not take such a position. Mr. Engemoen is suppose to contact the city attorney and then contact my attorney, Art March. In your letter I think you are confusing a right-of-way and ownership. We had to landscape the area in question and bond such landscaping. If you have a question regarding this please call my attorney, Art March. In summary, I do not agree to have a pipe put through the Office Center's land unless the terms of my previous letter are met. Sincerely, oa1� Ir•: rj� Barry Cunningham 1 xc: Art March Marc Engemoen