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HomeMy WebLinkAboutBLOCK 86 620 SOUTH SHERWOOD STREET - Filed GC-GENERAL CORRESPONDENCE - 2008-08-01`rr CITY OF FORT COLLINS M E M O R A N D U M TO: Carol Osborne, Public Works Administrator FROM: John H. Huisjen, City Attorney DATE: September 25, 1985 RE: 640 Sherwood - Alley Paving SEP 2 Carol, there is an apartment building located at 640 Sherwood I think, constructed with rincipaI �acS� �s to the alley. Contrary to the Building Code, t e a eTe has remained unpaved for a couple of years, pending resolution of some drainage problem. I have a problem with the idea of large projects having principal access through alleys and when the alleys are unpaved it makes things especially difficult. This problem needs to be solved because the present condition is a continued disservice to the community. Please let me know if I may be of assistance or if we need to work out a new approach. JHH:se cc: Steve Roy Linda Hopkins OFFICE OF THE CITY ATTORNEY • 300 LaPorte Ave.. P.O. Box 580 . Fort Collins. Colorado 80522 . (3031221-6520 Services Department City of Fort Collins October 12, 1990 Barbara Bejmuk P. 0. Box 1613 Fort Collins, Colorado 80522 Re: 630 South Sherwood Dear Ms. Bejmuk: The intent of this letter is to notify you that a solution to the drainage Problem adjacent to 630 South Sherwood has finally been worked out.As you are aware with the development of the commercial property at this address, alley improvements were required. Unfortunately, the original design was not feasible for construction due to the irrigation ditches crossing the alley at the east and north limits of this project. Your design engineer developed some alternatives, but they were expensive and the ditch company would not allow storm water into their ditch. Consequently, with the building nearing completion and the alley work not completed, you established a cash escrow account with the City to guarantee the completion of these improvements. Now after many years, the City and irrigation company have negotiated an agreement to allow storm water from this project into the ditch, crossing the north leg of the alley. Once the legal agreements are signed, the City will begin constructing an underground storm sewer system the week of October 29, 1990. It is anticipated that this work will be completed by November 16, 1990. Once this system is copleted we ask that you contract for the installation of the 2-foot concrete pan and alley, pavement. When �0 thus work is completed the City will release the ,000.001currently being held in escrow. 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6605 Barbara Bejmuk Page Two I realize it has been several years since this project was started, but I ask that you contract for the concrete pan and asphalt pavement to be completed this year. The completion of this work will bring to a close a situation that has existed for many years and it will fulfill your obligation to the City for the construction of these improvements. Thank you in advance for your cooperation and assistance in this matter. If you have any questions, please call me at 221-6605. I will be in contact with you to let you know how the City's construction is progressing. Sincerely, 7:��w L4K� 2 David Stringer Chief Construction inspector cc: Gary Diede, Director of Engineering Bob Smith, Stormwater Utility Director Dick Rutherford, Stewart Engineering Services Department City of Fort Collins April 10, 1991 Barbara Bejmuk P.O. Box 2708 Merden, Connecticut 06450 RE: 626-630 South Sherwood Alley Paving Dear Mrs. Bejmuk: When the Sherwood Greens Solar Condominiums were developed, a condition was imposed upon this project to place an asphalt paving surface in the alley adjacent to the property. As the project was nearing completion and occupancy of the building units sought, it was found that an error had been made in the design which prevented the storm water from draining properly. At this time the City Engineering Department agreed to allow funds to be escrowed to cover the cost of the alley paving until a solution to the storm drainage issue could be found. After several years, the Arthur Ditch Company agreed to allow storm water to be discharged into their ditch which crosses the alley. Consequently, the City built an under ground storm water piping system which solved the drainage issue. Additionally, we were prepared to undertake the paving of the alley and bring this project to a conclusion. However, before starting the paving, you were contacted on November 29, 1990. In this conversation we discussed the pipe installation and the citys' estimate for the asphalt paving. At that time you intended to contact Western Mobile for their estimate of the paving work. I agreed, as it is our preference that you contract for the completion of the work. On January 4, 1991, I was contacted and informed that Western Mobile would complete the alley paving. Unfortunately, it is now my understanding that a contract has not been signed and they have not scheduled this job for construction. It was the City's expectation that this job would be under contract and in the initial phase of construction by this date. Understanding that sometimes problems do occur which can cause delays, we have expected to hear from you informing us of the schedule for completion of the alley improvements. As of this date, there has not been any type of correspondence received by our office. The purpose of this letter is to notify you that the alley improvements must be completed by May 31, 1991. Upon completion of the alley improvements the funds which are being held in escrow ($6,500) will be released to accomplish partial payment of the cost of the project. Additionally, the Kappa Alpha Theta Sorority may be willing to share in the expense of the alley paving for that portion which is adjacent to their property. I suggest you contact Ms. Tedi Cox, President of Theta House Corporation to discuss this possibility. All additional costs must be assumed by you as the developer. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6605 n `0 Barbara Bejmuk April 10, 1991 Page Two Please be informed, if this work is not completed by the above date the city will complete the work and the incurred costs will be accessed against the escrow monies with the remaining costs to be recovered under the Equitable Theory of "Quantum Meruit". Furthermore, the City will begin its process to have the escrow funds appropriated into the Engineering budget in order to proceed with the alley paving shortly after the May 31 date. If it is your intention to proceed contract with a private construction contractor and sign this letter in the address. City of Fort Collins Engineering Department P. 0. Box 580 Fort Collins, Colorado 80522 Thank you. Sincerely, n 6/1 David Stringer (J Chief Construction Inspector DS/ltg with the completion of this project by company, please indicate the name of the space provided and mail to the following cc: Gary Diede, Director of Engineering Paul Eckman, Assistant City Attorney I intend to proceed with the project usi as contractor. Barbara Bejmuk Date Develop}ent Services �ftd Engineering Department June 14, 1991 Theta House Corporation Ms. Tedi Cox Kappa Alpha Theta Sorority 1751 Nedrah Drive Fort Collins, CO 80524 RE: Alley Paving at 626 - 630 South Sherwood Dear Ms. Cox: HEGEIUEU JUN 24 199? Engineering Dept, The intent of this letter is to clarify our telephone conversation of May 24, 1991. As I indicated, Ms. Bejmuk has not responded to the Citys' request that the alley adjacent to 626 - 630 South Sherwood Street be completed. Therefore, the City will have the concrete pan and asphalt pavement installed by a contractor currently under contract with the City. It is our intent to use the monies escrowed by Ms. Bejmuk for this project, along with those funds promised by Theta House Corporation to help defray the Citys' costs. Based upon my estimate the total cost for the work required of Ms. Bejmuk is approximately $11,000.00. Following is an estimate of Theta House Corporations share of these costs: I. Concrete pan 150 lineal feet x 1 foot x 6 inches = $ 390.00 2. Asphalt pavement 150 lineal feet x 9 feet = $1,986.00 Estimated Total = $2,376.00 Please be informed that these are only estimates and the actual costs will be determined at the end of the project. However, it is highly unlikely that the cost will exceed $2,800.00. Secondly, we discussed your desire to have the area between the alleyway and the sorority house paved in conjunction with the alley construction. The contractors estimate for this work is $958.00. Lastly, it is the Citys' desire to complete this work before school resumes in the fall and it is important that we know Theta House is still committed to participating in the cost of this project, If Theta Corporation willing to share in the costs as estimated above, please sign this letter and return it to me. At this time the actual date for construction is not known, but the contractor should submit his schedule within a week. Once this is known I will keep you informed of when the work will begin. 2il Ntwth College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6605 err VA10 Theta House Corporation Ms. Tedi Cox June 14, 1991 Page Two If you have any questions, please call me at 221-6605. Theta House Corporation intends to participate in the all Sincerely 1 V� David Stringer �1 Chief Construction Inspector DS/ltg truction. to In C July 12, 1991 vLlfl/l'!L ggrimuft; .�ox f6f.3 �arl 67,14-d' �aloaado dO.SPP /,3zu% fP6-06.50 Dave Stringer Chief Construction Insector City of Fort Collins P. 0. Box 580 Fort Collins, Colorado 80522 Dear Dave: HECEIVED AUG 13 1991 Engineerinq Dept. Enclosed is a bill from Pouder River Construction for $3207.40 for the paving of the parking lot at 630 S. Sherwood St. As agreed, please disperse the above amount out of my account. When I talked to Mr. Gary Diede several weeks ago, he agreed to ask Kappa Delta Sorority of 412 Y. Laurel to participate in the cost sharing for the drainage and paving of the alley. He also agreed that I should be paid a customary interest of 0.55% for the balance of $6500.00, which the City of Fort Collins holds since Summer of 1983. The total balance is calculated as follows: Interest Balance 1983 $ -0- $6500.00 1984 357.50 6857.50 1985 377.17 7234.67 1986 397.91 7632.58 1987 419.80 8052.38 1988 442.89 8495.27 1989 467.24 8962.51 1990 492.94 9455.45 1991 520.05 9975.50 Total Balance: $9975.50 Please advise what is my share of the total cost of the improvement and mail the remaing balance to the above address. Please accept my and all tenants' gratitude for all your efforts and time you put in making this improvement possible. Sincerely, Gary Diede,Dir.of Eng. Paul Eckman, Asst.City cc: Attorney Barbara Be uk Ken Wolfe, Attorney Developrnk,� Services V Engineering Department City of Fort Collins August 21, 1991 Barbara Bejmuk P. 0. Box 1613 Fort Collins, CO 80522 RE: Completion of Right -of -Way Improvements at 630 Sherwood Street Dear Ms. Bejmuk: The intent of this letter is to acknowledge receipt of your letter dated July 12, 1991, which was not received by our office until August 13, 1991, and to submit to you the associated costs for this project. As you are aware, for the last several years the completion of the concrete drainage pan and alley paving was not completed due to an error in the original design which did not adequately address the storm water issues. Additionally, the alternate designs proposed by your Engineer did not meet the ditch company's approval or were too costly for you to pursue. In light of this, the City asked that monies be escrowed to cover the cost of these improvements, thus allowing the issuance of Certificates of Occupancies for the building units. The sum of $6,500.00 was escrowed with the City in September 1983. In the fall of last year, the City reached an agreement with the ditch company to allow storm water into their ditch. In November City construction crews installed the piping system which addressed the storm water issue in your original development project. Early this summer, with your approval, City of Fort Collins Engineering retained a contractor to install the concrete pan and asphalt paving. This work is complete and the costs are known. Following is a break down of what the City has spent to date, performing what would have been your responsibilities as developer for the completion of this project. ITEM COST Storm Drainage Administration $ 1,136.00 Pipe Cost $ 1,501.20 Pipe Installation $ 5,577.18 Storm Drainage Inlet $ 400.00 Ditch Company Permit $ 100.00 Engineering Administration $ 1,137.50 Redrafting of Original Plans $ 19.00 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-66o5 4 %W r0 August 21, 1991 Page Two Alley Construction Costs for 630 Sherwood Only Concrete Sidewalk: 10 x 4 Feet = 40 S.F. @ $3.50/S.F. $ 140.00 Concrete Pan: 226 x 1 Feet = 226 S.F. 100 x 2 Feet = 200 S.F. 426 S.F. @ $3.50/S.F. $ 1,491.00 Asphalt Paving: 100 x 18 Feet = 1800 S.F. 230 x 9 Feet = 2070 S.F. 3870 + 9 S.F. = 430 S.F. 430 S.Y. @ $6.10/S.Y. $ 2,623.00 Work adjacent to Kappa Delta Concrete Pan - 60 x 1 Feet 60 S.F. @ $3.50 $ 210.00 Asphalt Paving - 60 x 9 Feet 540 S.F + 9 = 60 S.Y. @ $6.10/S.Y. $ 366.00 $14,700.88 If we use your figure of $9,975.50 outlined in your letter as the principal amount plus interest since 1984 minus $14,700.88, this still leaves a balance due the City of $4,725.00. However, it is not our intent to collect this additional sum and we believe that the money held in escrow is sufficient to settle this account. Your separate contract to pave the parking areas is a private matter between you and Powder River Construction and you should pay them directly. Hopefully this matter is nearing completion and if you have any questions, please contact Gary Diede or me at 221-6605. Siinnc�ere�ly, �w David Stringer Chief Construction Inspector cc: Gary Diede Paul Eckman 1 'w QW0 TO: Paul. Eckman, Assistant City Attorney From: Dave Stringer, Chief Construction Inspector Date: July 18, 19% RE2 630 South Sherwood, Sherwood Greens Paul as we discussed last week the following information pertains to the Sherwood Green Solar condominiums at 630 South Sherwood Street. As you are aware the asphalt alley was not completed as per the subdivision _pan. When this development was ready for a Certificate Of Occupancy we found the design Engineer made a mistake in the original design. Rather then with hold the CO on this Site an escrow account was established to cover- the cost of the Talley as per the original design,. However, the storm sewer system was redesigned by the developers Engineer at an installation cost: much greater then originally planned for. Since the cost for the revised storm drainage as it relates to this development is more then what the developer had anticipated they are now refusing to construct the. system. Would you please write a letter to the desvelopeeer.. addressing r:ca he fac:t that the =al':orm drainage for Lle:is development is their reeai..�,ons:i.bilty and must be installed. The developer of the: Sherwood Green solar condominiums is - Barbara rceejmc.k P. 0. Box 161:: Forr.t. Collins, Cc-,. P'le•a<.:::r:..e find attached the Engineers drawing for the storm sewer and misc. cor-respondance. CITY OF FORT COLLINS July 30, 1986 Ms. Barbara Bejmuk P.O. Box 1613 Fort Collins, CO 80522 Re: Sherwood Greens Solar Condominiums `(626 & 630 South Sherwood Street) Dear Ms. Bejmuk When the Sherwood Greens Solar Condominiums were devel- oped, a requirement was imposed upon the development to com- plete the asphalt alley adjacent to the property. When the development was completed and occupancy sought, the City's Con- struction Inspection Department found that an error was made by the design engineer in the original design of the alley. In an attempt to accommodate your occupancy schedule, and with the understanding that you, in good faith, intend to complete the alley, the City issued a temporary certificate of occupancy for the property, which certificate of occupancy has now expired. Presently, your occupation of the building is without any cer- tificate, permanent or temporary, and is in violation of the Municipal Code of the City of Fort Collins, which violation constitutes a misdemeanor under the provisions of the Code. It is my understanding that your engineer has redesigned the storm sewer system at an installation cost much in excess of that originally anticipated. Nevertheless, your engineer advises that this redesign is necessary in order to protect adjacent properties from flooding as the result of your devel- opment. As is provided in the development agreement for the property, you shall be responsible for any damages or injuries suffered by neighboring properties as a result of your develop- ment, and storm water related thereto. The City's expectations in this connection do not arise only from the provisions of the development agreement, but rather, are, by decisions of the Supreme Court of Colorado, a part of the common law of this state. Under the law, upstream property owners are not per- mitted to develop their properties in such a manner that the drainage waters released therefrom are changed'or altered from w TrG.�;NEY --- u. oux ❑ou • rorc Lamns, coioraoo CUb22 . M31 221 -6520 �Nd Sherwood Greens Solar Condominiums July 30, 1986 Page 2 the historic drainage patterns, to the injury of the down stream property owners. Your engineer the absence of the alley way improvements has concluded that, inwhich he recommends, flooding will occur on an adjacent property. The purpose of this letter is to make demand upon you to complete the storm drainage improvements within 60 days from thetione date hereof, and to pave the alley as required. Upon com- project, the funds which are being held in escrow may be released to accomplish partial payment of the cost of the project. All additional costs must be assumed by you as the developer. Sincereell W. Paul Eckman Assistant City Attorney WPE:djm xc: Dave Stringer r•. AC)LrF \,SLTz{GSLr'\;_` > '- i - ... Kenneth C. Wolfe Kent E. Sutherland Steve Roy, Esq. Assistant City Attorney City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 420 South Howes Street Fort Collins, Colorado 8052I Telephone (303) 493-8787 March 4, 1987 RECEIVED MAR 0 5 1987 CITY ATTOF{NEY RE: Sherwood Apartments owned by Barbara Bejmuk Dear Steve: Last fall you, a member from the Engineering Staff, and I met to discuss the problem of the drainage from the alley regard- ing the Sherwood Apartments. We discussed the possibility of constructing a drainage along the sorority house to Laurel Street. The Engineering Department was under the impression that there is a storm drainage sewer in Laurel Street. We have been working with Dick Rutherford to try to find some workable so- lution to this problem. He advises us that there is not a storm drainage sewer in Laurel Street. Therefore the benefits that we anticipated do not exist. Dick did determine that if we ran the drainage ditch along the property line on the east side of the sorority house from the alley to Laurel Street then emptied into Laurel Street, that the drainage water would go into the storm sewer that empties into the Arthur Ditch. Apparently this is in accordance with an agreement between the ditch company and the city. Therefore if the drainage tile and easement solution could be worked out then the water would go into the curb along Laurel Street and thus within a short distance drain into the ditch. When Dick initial- ly recommended the possibility of putting a pan through the alley and emptying into the ditch that crosses the alley, they obtained an objection from the ditch company claiming that they were con- cerned about the problem of students changing their oil in the driveway and therefore the water becoming polluted with oil and gas residue and running into the ditch. I can understand Calvin Johnson's concern but if we could run the ditch out to Laurel Street then it ends up in the ditch anyway, why should my client go the extra expense and create substantial problems of a drain- age ditch to Laurel. The simple solution still appears to be to do the pan down the alley and empty into the Arthur Ditch. This helps solve the city's problem and would obviously resolve the Sherwood Greens Apartment problem. The cost of doing this would be within the amount estimated at the time the plans for the building were approved. 1AA Steve Roy, Esq. March 4, 1987 Page 2 Since the Arthur Ditch is only serving the lagoon at CSU and Lake Sherwood, which is quickly becoming a lake without a user to the east, it appears that there are very few reasons this simple solution. The pollution problem would to prevent not effect the farmers since it will soon not be used as an irrigation ditch. If there would be any pollution then it is going to occur anyway through the other alternative. To reduce the problem of pol- lution, we could put in rules at Sherwood Greens that provide that there shall be no oil changes in the alley and the parking area around the apartments. My client would like to try to have all of this done during Spring break. The students are gone and it is a good time to do any construction. I realize that time is becoming very short to accomplish anything along this line and it may not be realistic to obtain an agreement with the ditch company in such a short period of time. If we cannot do it over Spring break the most logical time is right after school is out. n the We are requesting that your office assist us in negotiations with the Arthur Ditch Company by having the engineering depart- ment and your office recommend this solution. The driveways would be paved. Obviously the city wants the driveway paved and the recommendation is that there be a pan in the center of the driveway running east to near the ditch and then cut under ground into the ditch. Therefore the drainage would flow through the alley into the ditch rather than flowing to Laurel and then into the ditch. My client would like to get this matter resolved. Obviously my client does not want to spend a substantial sum beyond the budgeted amount on the matter. The prior approval as to the solution is within the amount that she budgeted for this type of construction and she is still willing to incur this cost. She does not feel that it is fair that she incur a cost 400% greater than what was approved at the time the building permit was issued. Any assistance your office can give in this matter is appreciated. Sincerely yours, Q.1.`J KCW:ah Kenneth C. Wolfe cc: Ms. Barbara Bejmuk \.r r./ CITY OF FORT COLLINS March 23, 1987 Kenneth C. Wolfe Wolfe & Sutherland Attorneys at Law 420 South Howes Street Fort Collins, CO 80521 Re: Sherwood Apartments Owned by Barbara Bejmuk Dear Ken: Steve Roy received your March 4, 1987, letter and passed it along to me for response. I spoke with Bob Smith, The City's director of storm water utilities, about the matter. Bob has tried in the past to gain the permission of the Arthur Ditch Company to discharge the water from the alley in to the Arthur Ditch. Apparently the Ditch Company is adamant. The only other alternatives that come readily to mind are to take the water either north or south. Certainly you are aware of the solution of piping the water to the north, but Barbara does not want to spend the money to solve the problem in that man- ner. The other, probably less expensive solution, would be to use a southern route to Laurel Street across the property of the sorority (fraternity?). Are you unable to obtain an ease- ment across that property? Could the owner of that property be persuaded to grant you an easement since it would solve some flooding problems on the property? I wish I could be of greater assistance to you but I cannot think of any other rea- sonable alternatives. Si W. Assistant City Attorney WPE:djm cc: BobAFmith OFFICE OF THE CITY 1W 300 LaPorte Ave. - P.O. Box 580 . Fort Collins, Colorado e0522 . (3031 221-6520 ATTORNEY M SAMUEL L. ANDERSON MAYO SOMMERMEYER ROBIN L. WICK TIMOTHY J. DOW KENT N. CAMPBELL THOMASR.FRENCH JAMES D. BRAMER KATHRYN S. LONOWSKI L. ALLEN WEAVER, C.P.A. DANIEL W. ALEXANDER ANDERSON, SOMMERMEYER, WICK & DOW ATTORNEYS AT LAW M3 CLOCK TOWER SOUARE 323 SOUTH COLLEGE AVENUE P.O. BOX 2166 FORT COLLINS, COLORADO 80522 [3031 482 4011 February 11, 1988 Mr. Peter Barnes Zoning Administrator City of Fort Collins Development Services Building Permits and Inspections 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522 Re: Kappa Alpha Theta Sorority 638 South Sherwood Dear Peter: CHEYENNE OFFICE 2312 CAREY AVENUE CHEYENNE. WYOMING 82001 * ALSO ADMITTED IN WYOMING `FCE/VE7 p DEB s This follows our discussion of a few weeks ago concerning the issuance of a permanent Certificate of Occupancy for the subject property. As you know, the addition has been completed and is being occupied by the sorority. We understand that as a part of the final inspection and approval process, the City issued a temporary C/O. Apparently the temporary C/O is generally good for 60 days, with an automatic renewal. It is our understanding that the sorority will be able to continue to use the newly completed addition by virtue of this temporary C/O until such time as final arrangements have been made and the alley behind the property to the north has been paved per City requirements. It is also our understanding that final arrangements for a SID or other contractual arrangements are awaiting the final stages of completing the storm drainage report and an agreement with adjoining property owners. I believe our client has already indicated (at the outset when the building permit was issued) that it would agree to participate in these alley improvements on an equitable basis consistent with City practices. The House Corporation remains willing to do so. The purpose of this letter is simply to confirm the understanding between the House Corp, and the City with respect to the temporary C/O situation and the fact that it would be:renewed on an automatic basis until such time as arrangements are made for E5 Mr. Peter Barnes February 11, 1988 Page Two the completion of the alley improvements, after which time a permanent C/O would be issued. If this is not your understanding, or if you have any problems with this, would you please contact me. Thank you. Yours very truly, ANDERSON, SOMMERMEYER, WICK & DOW Timothy J. Dow TJD:jld CC: Tedi Cox, President, Theta House Corp. Gene Frink, Architecture Plus