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HomeMy WebLinkAboutFOUR SEASONS PUD FIFTH - Filed GC-GENERAL CORRESPONDENCE - 2003-11-28M/Domhue 'UN 6198 1972-008 June 6, 1985 Gtit� Azt Mr. Steve Ryder', City Planner f (J/% � City of Fort Collins 1 i P. O. Box 580 Ft. Collins, CO 80522 fD RE: Four Seasons Fifth Filing 1972-008 Dear Mr. Ryder: In accordance with your May 22, 1985 letter to M & I/Donohue and subsequent meetings with various staff, we are submitting the preliminary PUD for Four Seasono Fifth Filing. We will address the items numbered to coincide with your letter. 0 All drainage tracts will be dedicated to the City. 2. A tabulation of lot sizes was already on the plat. 0 Tract A is open space/detention and will be dedicated to the City. 4� We hereby request that Michie Drive be changed to Wabash Street within the Four Seasons Second Filing. There are no homes fronting on Michie Drive. We have revised the limits of Tradition Drive as requested. We also request that Boulder Drive within the Park South PUD be changed to Dennison Avenue. All lots fronting on Boulder Drive are undeveloped and have a secondary address on a side street. The owners of these lots are shown on Attachment "An 5. We have responded to the items relating to the density chart. We appreciate your assistance on this item. 6. We have excluded the school site from the PUD. However, the school will be signing the PUD as a co-owner because they own to the center of the adjacent streets and the PUD will extend to the school side of the right-of-way. We have revised Benthaven Street and Tradition Drive to a 36' width. The City will pay for oversizing of Wabash Street from 36' to 44' in width. 7. We will add the fire hydrant to the construction plans. M&I/Donohue, Inc. 4710 South College Ave. Fort Collins, Colorado 80525 Consulting Engineers 303-226-2323 July 5, 1985 Mr. Martin Kosek M & I/Donohue 4710 S. College Avenue Fort Collins, CO 80525 Re: Exhibit "'B" - Four Seasons Fifth Filing Dear Marty, Attached is the estimate I have prepared for Four Seasons Fifth drainage repayment. Let me briefly explain each item: 1. Channel excavation. I used your number of 8441 c.y. and subtracted the volume occupied by the rip -rap and bedding (3660) to get the 4781. 2. As we discussed over the phone, credit will not be given for rip -rap or bedding. 3. Land acquisition. Drainage tracts and easements are purchased at 80% of the land value. My quick but incomplete check of values gave the $22,500 number. I went with your number of 0.65 acre. A more thorough determination of land values will be conducted, so the $22,500 figure can be adjusted if necessary. 4. Professional fees. Another area of possible negotiation. Based on the work I have had done recently by other local engineering firms I felt that $2,500 was reasonable for that portion of this project that is actually assessible to the City. 5. Street crossings. The City will not participate in these costs because they are not outlined in the master plan and hence not included in the determination of basin fees. I have also given a copy of this letter and exhibit to Bonnie Tripoli to include in the Development Agreement for Four Seasons Fifth. Please review and contact me as soon as possible if you wish to negotiate changes. Bonnie needs final figures Monday. You s tr ely, o G h ann i it n inee r I GRL _ ROCK DEVELOPMENT COiv.?ANY 403 West Horsetooth Road Fort Collins, Colorado 80S26 Telephone (303) 223-1769 January 6, 1i986 Ms. Bonnie Tripoli Planning Department City of Fort Collins Fort Collins, Colorado Dear Ms. Tripoli: As your records will indicate, on or about October 15, 1984, Brown Farm Joint Venture submitted to the City of Fort Collins an agreement between themselves and Greyrock Development Company, a Joint Ven'_ure, indicating the measures to be taken prior to receiving permission from Greyrock Development Company to dis— char�.,e storm waters on and across Park South subdivision. Among_ other things, this Memorandum of Agreement provided that this work to be done by Brown Farm Joint Venture as a condition of discharging storm waters onto and across Park South subdivi— sion would be completed within six months of the date of the agreement (April 15, 1985). The purpose of this letter is to inform you that the said work was not completed as of April 15, 1985, and, in fact, is still not completed. Greyrock Development Company is in the process of selling the property involved, and no storm water will be accepted until and unless a valid easement signed by all of the parties in interest is formally executed. Yours sincerely, GREYROCK DEVELOP14ENT COMPANY Loren J. X1lsaver R nald H. Strahle LJD/dlr /dlr cc: Wheeler Realty Company — Greeley Middel Enterprises, Inc. SORENSEN AND KONKEL ROCK C. SORENSEN DOUGLAS 0. KONKEL. PC CRAIG STIRN GREG R. REMMENGA ATTORNEYS AND COUNSELORS AT LAW 1405 SOUTH COLLEGE AVENUE SUITE ONE FORT COLLINS, COLORADO 80524 January 5, 1988 Stephen J. Rov Assistant Citv Attorney Citv of Fort Collins P.O. Box 530 Fort Collins, Colorado 80522 CITY A"i l C NEY Re: Middel Enterprises, Inc., et al., vs. Brown Farm Joint Venture, et al. (Civil Action No. 86CV471) Dear Steve: I am writing in response to your letter of December 23, 1987. TELEPHONE M3.493, A You indicated that the City maintains that the status quo presents a health and safety hazard to the public. I do not understand this allegation. What health and safety hazard is presented? I`_ you are concerned with the possibility of flooding, I suggest you first determine whether or not the pumping equipment currently in place is adequate to meet this concern. If not, I suggest that the City require Brown Farm Joint Venture to make appropriate modifications to their detention facility in order to avoid any concerns you have. There has already been testimony by engineers produced by Brown Farm Joint Venture who have acknowledged that there are alternatives available to Brown Farm Joint Venture to alleviate these concerns. The question presented to you seems to be whether you, on behalf of the City, will require Brown Farm Joint Venture to incur the time and expense to modify their detention facility, or whether you will continue to cause damage and inconvenience to my clients and continue to assist Brown Farm Joint Venture in shifting the responsibility for detaining storm drainage water to my clients. The law seems very clear that Brown Farm Joint Venture is obligated to take appropriate action to insure that storm drainage water is detained and discharged in the historic manner at historic rates. I do not understand why the City is so interested in altering this common law obligation for the benefit of Brown Farm Joint Venture and to the detriment of my clients. Page 2 January 7, 1933 Stephen J.Roy You indicate that the City is prepared to negotiate with my clients for the acquisition of a storm drainage easement. My clients have always been willing to enter into good faith negotiations with either the City or Brown Farm Joint Venture. However, in the past, neither the City or Brown Farm Joint Venture has been willing to negotiate in good faith. Apparently our success in District Court has had some impact on the Citv and Brown Farm Joint Venture's attitude in this respect. ..y clients are ready, willing and able to meet with you and/or representatives of Brown Farm Joint Venture at any convenient time and location to enter into good faith negotiations regarding the matters in dispute. Please let me know your desires in this regard. As you know, the City is on record with respect to its acknowledge- ment that neither the City nor Brown Farm Joint Venture possess an easement for construction of underground pipe upon my clients' property. Brown Farm Joint Venture prepared an easement which was never signed or delivered by my clients. The District Court has determined that no such easement exists by virtue of the recorded Plat. We are preparing to file appropriate Motions to resolve all remaining issues of liability,if any, and proceed to a determination of the amount of damages to which my clients are entitled as a result of the trespass. We will of course serve you with any Motions which are filed since the City is now a party defendant in the action. As a party defendant, it is my opinion that the City is potentially jointly and severally liable for the damages to which my client is entitled. This is an issue separate and distinct from any award that may be made in the condemnation action which you threaten. Regarding the threatened condemnation action, I acknowledge the existence of case law indicating that although the determination of the constitutional issues of public use and necessity are ultimately judicial, that the Courts give great weight to the prior determination of public necessity by legislative bodies, and generally do not disturb those determinations in the absence of fraud or bad faith. However, it is also clear that an_y attempt to take private property for a private benefit under the guise of a public benefit is a legal fraud on the owner, notwithstanding the absence of fraudulent intent on the part of the appropriators. In this case, there is a body of common law creating an obligation upon Brown Farm Joint Venture to discharge water in the historic manner and historic quantities. If Brown Farm Joint Venture were to perform its common law obligations, no public need would exist. This is not a case of some incidental private benefit. In this Page 3 January 5, 1988 Stephen J. Roy case, public need can only be based upon the failure and refusal of Brown Farm Joint Venture to perform its common law obligations. If the City were to require Brown Farm Joint Venture to construct an adequate detention facility and to discharge water in the historic manner and historic quantity no oublic need would exist. Any perceived public need has been artificially created by the actions and ommissions of the City and Brown Farm Joint Venture. These actions and ommissions amount to fraud upon my clients. The law seems clear to me that any taxpayer has standing to question the use of public monies to aid Brown Farm Joint Venture in minimizing its development costs. I would like you to tell me whether or not the City of Fort Collins has ever previously, to your knowledge, condemned private property in order to aid upstream 'private property owners in detaining and discharging their storm drainage water. My understanding is that the City has previously acted as if these matters were private and has required upstream developers to discharge in the historic manner and historic quantity, or to negotiate and obtain privately such easements as the upstream owner may have felt to be necessary. If this is not in fact the case, it might have some bearing on my analysis of my clients' position. Your letter indicates that you think there is a viable argument to be made that subsequent actions of the property owners, in their dealings with the City, did constitute a dedication, at least by estoppel. Of course, I do not agree. The letter of June 15, 1978 approved by Ronald Strahle has absolutely nothing to do with the issues at hand. The letter from Ronald Strahle to Arthur E. March of June 15, 1978 relates solely to storm drainage from the Park South Subdivision and the detention pond referred to is the detention pond downstream from Park mouth. I have personally discussed this matter with Art March. Art has told me that he was aware of the fact that the language contained in the County Plat did not result in a public dedication. Art has also acknowledged that he was unaware of any conditions being imposed upon annexation which related to the dedication or granting of an easement for the benefit of the Four Seasons Development. In fact, I have reviewed a substantial amount of documentation and interviewed most of the people involved. It is my firm belief that there were no conditions imposed related to discharge of storm drainage water from Four Seasons. It seems clear that all parties assumed that the discharge of storm drainage water would be handled in the usual fashion; that Four Seasons would discharge in the Page 4 January 5, 1988 Stephen J. Roy historic manner and historic quantity; that the owners of Four Seasons would be required to construct such detention facilities so as to insure this historic manner and quantity of discharge; and that the downstream owners would be required to carry_ storm drainage water which had been detained and discharged in this manner. Steve, I feel like you are missing the issue. My clients do not dispute their obligation to carry the storm drainage water discharged from Four Seasons, so long as those storm drainage waters are discharged in the historic manner and historic quantity. The problem which we all face has been caused by the failure of Brown Farm Joint Venture to construct storm drainage detention facilities which provide for the discharge of storm dranage waters from Four Seasons in the historic manner and historic quantity. This entire problem can be resolved by requiring Brown Farm Joint Venture to modify their storm drainage detention facilities to provide for the discharge of storm drainage water in the historic manner and historic quantity. There is no reason for the City of Fort Collins to become involved unless, for some reason, the City desires to relieve Brown Farm Joint Venture from performing its obligations. Your letter implies that Mr. Strahle or Mr. Dilsaver at some point made false representations regarding the storm drainage issue. I have discussed this matter with Mr. Strahle and Mr. Dilsaver personally in the past. I am very impressed by the honesty and integrity of Mr. Strahle and Mr. Dilsaver. I think both of these gentlemen's credentials are impecable. If you have any knowledge of any specific representation made by either Mr. Strahle or Mr. Dilsaver, I would appreciate you letting me know what was said or agreed to, when, and with whom. Your letter indicates that you apparently believe that I represent Grevrock Development. That is not the case. I have never represented Greyrock Development. I do represent all of the Plaintiffs in the above referenced civil action. I urge you to take immediate action to arrange a meeting between all affected parties at which we can attempt to resolve all existing disputes through good faith negotiations. If you intend to apply to the City Council for authority to condemn on January 19, 1988, I would appreciate you providing all affected parties with reasonable advance notice in order that all affected parties could appear. As I have said, I think any taxpayer has Page S January S, 1938 Stephen J.Roy standing to object to the use of public funds for the benefit of a private developer. Sincerely, J Douglas D. Konkel DK:mi CC: Middel Enterprises,Inc. cc: Ronald Strahle cc: Dave Power OFFICE OF THE CITY MANAGER ~ June 15, 1978 Mr. Ronald Strahle Attorney at Law United Bank Building Fort Collins, Colorado 80521 �7 Reference is made to your letter of June 15, 1978, pertaining to City annexation of the park South area Your letter accurately sets forth the understandings reached as a result of negotiations, with the follow- ing additional provisos: 1. Concerning utilities, the materials allowed by the district (i'%C) will be permitted. Such materials will be installed according to ruble requirements to be determined b the City. The same proviso relates to installation offire hyd::ants. Also City water and sewer service will be utilized unless the City deteanines that the District shall serve the area. 2• this; xids;terstand ritor your group will not contest the annexation of this territory to the City if the agreements reached are approved by the City Council. As you rote, negotiations have been conducted and understandings reached and the final determination will be made by the City Council. Sincerely, THE CITYN:COIS,INS, COWRADO i jas 11��hl�cc.e -8as2�- July 22, 1985 Bonnie Tripoli Planning Department City of Fort Collins Fort Collins, Colorado RE: Four Seasons 5th Filing Dear Bonnie: This letter of agreement is intended to serve notice that Brown Farm Joint Venture and Greyrock Development have arrived at an agreement by which Greyrock Development will grant an easement for the installation of a permanent storm pipe serving the outflow of the Tract A detention pond of the Four Seasons Fifth Filing Develop- ment, and abiding by the terms of an earlier agreement between the same two :parties. In consideration of this easement, Brown Farm Joint Venture has agreed to handle nuisance water generated from the pond in an acceptable manner previously discussed with Greyrock Development. In addition, Brown Fann Joint Venture will be responsible for the maintenance of the pipe until such time as the Homeowner's Association takes control, at which time it will be transferred to them as part of the drainage facility. The actual easement will be forthcoming upon review and acceptance by Greyra::k Development. Sincerely, Greyrock Development, A Joint Venture aan Farm Joint Venture December 30, 1985 City of Fort Collins P.O. Box 580 Fort Collins, Co. 80522 Attn: Dave Stringer Re: Four Seasons Fifth Filing Temporary Road Access Dear Dave: This letter is being written to inform you of the status of access to the Poudre R1 school facility presently under construction within Four Seasons Fifth Filing. As you are probably aware, the weather caught us in the middle of curt) and gutter construction within the development and we were unable to get road base down for the winter months. In an effort to provide ail -weather access to the school site for Baldwin Construction and City emergency services over the winter months a temporary road has been constructed from the present end of pavement on Wabash Street west to the facility. This temporary road was constructed of Your inches of non -spec road base twenty feet wide and is installed around the north and west sides of the buildinq terminating in an eighty foot diameter turnaround at the southwest corner. This temporary road will provide ready access to the two existing fire hydrants presently installed near the northwest and southwest corners of the building. Please refer to the enclosed print for further detail. Permanent street improvements will be completed as soon as weather permits in the 1986 construction season and this temporary road alignment will be abandoned. Please forward this information to the proper emergency services contacts. If you have any questions or comments please contact me at 223-8654. Sincerely, - Rick Mattingly I Construction Coordinator cc; - Baldwin Construction Poudre School District R1 0 Mr. Steve Ryder, City Planner June 6, 1985 Page 2 8. We have shown all hydrants within 500' in accordance with the City utility record drawings. 9. We have shown the easements on the PUD. However, there is a note relating to building envelopes that we believe is adequate. 10. We have added the requested information. 11 We have revised the plans in accordance with your direction. 4o /q pmtL 12. Exhibit B;, "Cost Estimate for Major Drainage Improvements", is included in this submittal. What is the timing for payback to the developer. 13. The vacation exhibit is included in this submittal. 14. We have complied with your request for the 20' radius on the corners of Benthaven and Marbel. 15 All tracts have been identified. 16. The school will be signing as an owner. 17 Tradition Drive has been revised to a 240' radius on the PUD. The radius on Benthaven Drive adjacent to Tract A is 200', which is designed for 28 miles per hour or 3 miles per hour greater than the 25 mile per hour design speed. We intend to maintain this radius to avoid losing one lot on the east side of Benthaven. Within the PUD documentation, we are requesting a variance to allow a 45' radius on the cul-de-sac right-of-way versus the code requirement of 50'. 18. We will acid Chism Homes to the plat and PUD and dedicate the half street of Marbel Drive. 19. We will add the additional information requested by the City during prepara- tion of the final plat. 20. A separate traffic consultant is responding to this item. 21. No action required. 22. No action required. 23. To date we have received only verbal comments on the drainage report. i 1— -1 6 U.i i4 i '�1�11 S, �w U) ti IT - — --- �a % 3AIH Ln /LO/ � of CONSTRUCTION SUPPLY, INC. ).0WIVIAN 310 SOUTH SYRACUSE WAY I DENVER. COIORADO 80231 303'696-8960 (larch 28, 1986 Mr. Donald E. Wadsworth, Pres. C G & S COMPANY P. O. Box 2311 Windsor, CO 80550-2311 Re: Moss Creek Drive Fort Collins Aluminum Bridge Railing Shop Drawings Dear Mr. Wadsworth: Thank you very much for your recent purchase order for aluminum bridge railing. Enclosed are six copies of our shop drawings for above - referenced protect and item. At the top of the drawing there is a plan view of the aluminum railing. The factory is unable to determine the exact spacing and overall length required. Would you please have the engineer fill in these dimensions in this plan view. They are not sure whether this overall length should be 381 or 35'-6". Please return at least two copies of the drawings to us approved and/or corrected in order that the factory may proceed with fabrication. Very truly yours, William E. Bowman WEB: jl Enclosures 6 _//_y/? . CITY OF: FORT COLLINS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Steven Burkett, City Manager THROUGH: Gary Diede, City Engineer FROM: Bonnie Tripoli, Development Coordinator T / DATE: April 11, 1986 SUBJECT: Amendment Agreement for Four Seasons 5th Filing Four Seasons 5th has a problem getting their drainage downstream. Staff had requested an off -site easement to facilitate this. The owners of the off -site property agreed in a letter to the easement, but due to logistics, could not sign the deed. Meanwhile, they sold the ground to another party who does not want the easement on his ground. (The developer had approached the new property owner for the purchase of the easement„ but the owner was "unreasonable" in his demands.) Staff then did extensive research and found that when the ground was platted a drainage easement was "reserved". (It was platted in the County.) Staff feels that the developer of Four Seasons 5th, by holding the City harmless and agreeing to defend the City if suit arises, has done all that we feel is necessary. Transmitted herewith are the original and three (3) copies of the development agreement for the subject subdivision or PUD executed by the developer. Please review and sign as required and forward to the City Clerk for further processing. Thank you. OVERSIZING: None with this agreement. :oiomdo 80527 • (303) 221-6750 I A VLLOPMSN I . HL ,'NNING U!VISION OWMIAN 2310 SOUTH SYRACIISE WAY I .y / CONSTRUCTION SUPPLY, INC. DENVER_ COI-ORAD080231 1 303 696-8960 April 23, 1986 Mr. Donald E. Wadsworth, President C G & S COMPANY P.O. Box 231.1 Windsor, CO 80550-2311, RE: Your P.O. #8700-05 Aluminum Railing, Moss Creek Drive Fort Collins, CO Dear. Mr. Wadsworth: On March 28,. 1986 we submitted six sets of drawings detailing the aluminum railing on the above referenced project. These drawings were being submitted for approval and we requested the return of two approved and/or corrected sets so we could proceed with this order. Fabrication and delivery will require six to eight weeks once we receive approved and/or corrected sets of drawings. We will appreciate anything you can do to see what is holding up these drawings as we do not want to be the cause of any unnecessary construction delays. i am enclosing a copy of our cover letter that orignally accompanied the drawings. it is my understanding that Jeannie of your office requires this to resubmit the drawings. Please call if you have any questions. Sincerely, William E. WEB,JR/wmb Enclosure , IIowman, Jr. CITY OF FORT COLLINS ENGINEERING SERVICES April 28, 1986 Flatiron Paving Attn: Alan Clark 3301 E. Prospect Road Fort Collins, CC 80525 Re: Subgrade at Four Seasons 5th Subdivision Dear Mr. Clark: The purpose of this letter is to clarify and expound upon our conversation of April 24, 1986. We discussed the placement of road base upon the unstable subgrade in the public right-of-way in the Four Seasons 5th Subdivision. As you are aware, Flatiron Paving Company chose to place the base course material on subgrade that is not acceptable to the City. Please be aware that by doing this, your firm assumes the responsibility of removing the base for proofrolling and testing of the entire street sections prior to the installation of the next lift of base material or asphalt pavement. In addition, any base course material that is contaminated by this operation will be removed from the site. Also, the City of Fort Collins will not assume any of the cost incurred by this work. Sincerely, 3ic�R'ichter Construction Inspector cc: Rick Mattingly, Shiloh, Inc. Dan Wheeler, Wheeler Realty ENGINEERING SERVICES 300 LaPorte Ave. P.O. Box 580 • Fort Collins, Colorado 80522 (303) 221 6605 DoVv j ,. September 8, 1986 Mr. Rick Mattingly Shiloh Inc. 201 N. Link Lane Fort Collins, CO 80524 Re: Four Seasons Fifth Filing Dear Rick: 1972.008 A.2.b �*Yt AM 1 Aspp� y6t., P�AV_,,,C" Ali L PC)U4s 1114 44 fb_6 ,aJ -for CA\g4 \- Fkv14l'er (4-, )avjsuI+. 'j�anks, It is our understanding that Shiloh is the construction manager for the Four Seasons Fifth Filing development. Ted Borstad of our office lives in the area and recently noticed a potential problem developing on Benthaven Street between lots 8 and 9. As an agent for the developer, you need to be aware of this situa- tion. We've also alerted Tom Gathmann of the City Storm Water Utility and Dan Wheeler of the condition described below. Benthaven Street is the low point for a significant drainage area. A drainage channel for 100-year flow from this sub -basin, shown on sheet 5, detail D, and on sheet 30, Section B of the Four Seasons Fifth Filing drawings, was provided in the design. The 100-year storm runoff within the channel is significant, amounting to 80 cfs. All efforts should be made to see that the channel is built per design. At present, it is not evident that the intended construction of the channel has occurred. Note that section B, sheet 30 shows a channel flowline which drops off from the back -of -walk elevation 1 foot in 10 feet, and then falls off to the Tract A detention pond at 1%. Underneath the channel is the 2-year storm drainage pipe. This channel is essential to storms exceeding the 2-year. Formerly M&I/Donohue Donohue & Associates, Inc. 4710 South College Ave. Fort Collins, Colorado 80525 prevent future flood problems from Consulting Engineers 303-226-2323 If we can be of further assistance in this matter, please call. Very truly yours, DONOHUE & ASSOCIATES, INC. Martin W. Kosec, P.E. MWK/sz cc: Dan Wheeler Tom Gathmann Mr. Rick Mattingly September 8, 1986 Page 2 I McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development September 15,"1986 PROJECT NO. 150-851 Mr. Tom Gathmann, Civil Engineer Public Works Department 300 La Porte Avenue Fort Collins, Colorado 80522 RE: FOUR SEASONS FIFTH FILING STORM DRAINAGE FACILITIES CERTIFICATION Dear Mr, Gathman, In accordance with the Drainage Facility Approval Policy, we are hereby sub- mitting the "As Build" drawings and certifications. As the construction engineer, we have staked, inspected and made final calcu- lations on the installed drainage system in the First Phase (i,e. Fifth Filing) of this subdivision. We find the construction to be in close conformance to the approved design and plan. All storm drainage inlets and pipes were installed according to the plans. The detention pond volume was calculated from survey information taken May 14, 1986, The volume was calculated and found to be short at this time. The pond was re - staked for final excavation on June 23, 1986. Field inspection on July 16, 1986 showed the pond had been excavated as specified and does contain approximately 11.3 A F in the main basin, i.e. South of Dennison Avenue at a spillway eleva- tion of 58,5. The Drainage Study calls for a minimum of 8,8 A F at a High Water Line of 57.5. The pond has been constructed with proper side slopes, overflow and outlet. The trickle channel was modified from a concrete channel to a "French Drain" system and will become part of the maintenance requirement of the Home Owner's Associa- tion, Mr. Tom Gathmann, Civil Engineer September 15, 1986 Public Works Department, City of Fort Collins PROJECT N0. 150-851 RE: FOUR SEASONS FIFTH FILING STORM DP.AIfJAGE FACILITIES CERTIFICATION Page 2. It is our judgement that the storm drainage facilities have been constructed in accordance with the plan or exceed the requirements. Yours truly, McRae & Short, Inc. Gerald B. McRae„ Professional Engineer and Land Surveyor, Colorado Reg. No. 6616 Encl.: "As Built" Mylars..Sheets 5/30 and 6/30 Blueline of Main Pond Cross sections cc: Wheeler Management Group, Ltd., Dan Wheeler Note: Field Notes, Crass sections and Calculations available on Detention Pond. REM Development Consulting 305 W. Magnolia n263 Fort Collins, CO 80521 (303)223-8654 January 28, 1987 City of Fort Collins P.O. Box 580 Fort Collins, Co. 80522 Attn: Mr. Tom Gathman Re: Four Seasons Fifth Filing - Phase I Dear Tom: '/Z o�ta`Z 5�5PasE SPY e Pf2£✓iovS 6�TTclL �471� �Gl - e, c ram_ With the close of construction for the winter season. I have prepared this letter in an attempt to document the status of improvements within Four Seasons Fifth Filing - Phase I. All improvements for this filing are complete at this time with the e_-tceation of some final adjustments to the storm detention pond. Tasks remaining within this pond include covering the French drain system with filter blanket and fine grading and seeding of the pond invert. The overflow channel entering the pond from the west side remains to be seeded and cobble rip -rap is to placed at the outlet. The tasks indicated above shall be completed as soon as weather permits this spring. A certification of completion of storm drainage improvements for this filing was completed by McRae & Short Engineering of Greeley last fall and a copy should be in your file at this time. When the remaining tasks are complete we will contact the City for a final release on this project. Unless we hear from you in indicated we will assume that assistance in this matter. Sincerely, Rick Mattingly Construction Coordinator writing regarding project status as you are in agreement. Thank you for your cc - Brown Farm Joint Venture Fort Collins Hydro -Seed 2 Mr. Steve Ryder, City Planner June 6, 1985 Page 3 24. This is a traffic engineering issue which is being handled by a separate consultant. 25. The draina.geway east from Tract A was platted as part of the Park South PUD. 26. Tract B will be deeded to the adjacent property owner. The only landscaping located in a drainage tract is the open space/detention, Tract A. Because this is a pond rather than a flowing channel, the placement of a few trees will not impact the detention function. We have placed a note on the Land- scape Plan regarding fencing along drainage tracts. We have not yet received comments on the utility plans. We have responded to each of the items and would be happy to discuss the pro- ject. Very truly yours, M & I/DONOHUE, INC. Ted A. Borstad, P.E. Manager, Technical Services TAB/lk cc: Dan Wheeler w/encls. Enclosures: Preliminary PUD, 6/6/85 - 12 copies Preliminary Landscape Plan, 6/6/85 - 12 copies Dennison Vacation Exhibit - 1 copy Exhibit B - 1 copy Attachment A - Addresses on Boulder Drive - 1 copy Supporting Documentation for PUD - 1 copy r.EM Development Consulting 305 W. Magnolia 4263 Fort Collins, CO 80521 (303) 223-8654 June 29, 1987 City of Fort Collins P.O. Box 580 Fort Collins, Co. 80522 Attn: Mr. Jim Newall' 1 Re: Four Seasons 5th Filing Dear .Jim This letter is being written as the result of our meeting last week to discuss a number of situations which you were concerned about regarding development at Four Seasons 5th Filing. I have discussed your concerns in detail with the developer. Brown Farm Joint Venture, and have been directed to address these concerns right away. As a result I will attempt to document herein their position on the items which we had discussed. THE VILLAGE AT FOUR SEASONS - PHASE TWO This location is presently a vacant tract. You had voiced several concerns. First, the tract had been left in a state of uncompleted overlot grading and secondly, you were concerned that no permanent drainage plan or easements exist on this tract for drainage which is passing through to the new detention pond from an earlier phase of the development. You are correct in these observations. As I had stated, overlot grading had not been completed to date due to the fact that the builder who had the option on the tract decided late last year not to follow through and therefore Brown Farm Joint Venture was undecided as to what to do about finishing the overlot grading in question. But, as you saw at the site, we presently have Eckhardt Construction completing this grading with engineered fill for proper compaction. In regard to drainage through the tract, this situation existed when the property was purchased from the original developer, Chism Homes. This situation was not intentional. Quite honestly, this question never crossed anyone's mind until you pointed it out and would undoubtadly have never come up if the tract had been developed to the originally intended schedule. The developer is agreeable to providing a temporary drainage plan and permanent easement to cover this tract but is in somewhat of a quandary at this time. As you are aware, we have a rather complex problem occurring at this time with the outlet'of the downstream detention pond. As the result of a meeting with Bob Smith of City Page 2 Drainage late last week to discuss various options to solve this this problem we may ultimately need to detain some drainage within this tract. This may be temporary or permanent. If this occurs it will obviously have major impact on how overall drainage and development takes place within this tract. Our best estimate is that it will be several weeks before a final decision can be made as to the outcome due to the fact that the courts are involved. In the interim the developer would be glad to provide the City with a letter of commitment that they understand that a plan of how the drainage will be handled until this tract is developed must be submitted for approval and that a permanent easement must be provided. In consideration of the turmoil being created by the adjoining landowner this is the only reasonable action which can be proposed at this time. HOMEOWNER COMPLAINTS AND DETENTION POND It is our understanding that the City has received a number of complaints from homeowner's regarding a variety of questions. As you had pointed out, most of these complaints have nothing to do with the City but should be addressed by the Homeowner's Association. Virtually all of the homeowner complaints you mentioned had to do with issues regarding the detention pond tract. This detention pond is not to be City maintained but, rather, is to be maintained by the Homeowner's Association, ironically the very people who were complaining. We are of the opinion that a miscommunication exists between the homeowners regarding responsibilities of the Association. We are in the process of attempting to correct this. This pond had been completed to the point that we had requested a final inspection by the City a number of weeks ago. Certification report documents were completed by McCrae and Short Engineering last fall and this information was reviewed and approved by Mr. Tom Gathman of City Drainage. The overt actions of the downstream property owner in blocking the pond outlet has obviously created a question of extent of potential damage to the completed hydro -seeding, fine grading and sub -drain system, as well as to the ultimate method of positive outlet. The developer is actively attempting to resolve these issues as soon as possible. Bob Smith has been fully apprised of the developer's plans to correct this situation. As an update, the developer is meeting with the downstream owner i,n Denver tomorrow, June 30, in another attempt to reach a reasonable agreement. In reference to the issue of lot owners placing fill into the detention pond the developer had nothing to do with this action and is in total agreement that this obviously cannot be allowed to continue and the fill that has taken place must be removed. As I had pointed out, the developer is now in a compromising position in that the detention pond tract is presently actually deeded to the Homeowner's Association and they now have an obligation to assist us Page 3 in correcting these problems. Toward this end Mr. Dan Wheeler and I have scheduled a meeting with officers of the, Association on the site Monday, July 6 at 3:00 to resolve these issues and to also attempt to impress on them that the Association must actively commence maintenance of this tract and address any future concerns of the individual homeowners. It has also been brought to my attention that a number of trees were to be planted within the detention pond tract. This was a case of miscommunication on our part as I was never made aware of a plan sheet which provided this detail. This situation will be corrected as soon as more pressing problems are resolved at the pond site. Any attempt to install the trees immediately would very possibly result in damage to them if a decision is made to alter the pond in any way. This will be clarified at our meeting with the Homeowner's Association. STORM DRAINAGE SOUTH OF LOPEZ SCHOOL You had voiced concern over construction and maintenance of the regional drainage channel situated south of the new Lopez Eleme.ntary School. As I had pointed out, if you check the approved construction plans for this channel you will note that these improvements were indeed designed to City standards. During construction the developer was directed by City Drainage (Mr. Tom Gathman) to alter the construction under direction of City Parks and Recreation. This City department provided a revised design standard for the devloper to follow and all construction was completed with final approval by City Drainage, City Parks and Recreation and the Poudre R-1 School District. The developer did not request any alteration to the design and construction of this channel. It is their position that they have met their commitment regarding this construction and if there are any questions they must be taken up with the other City departments involved in the decision. It would appear that some of the questions involved in our discussion have occurred as the result of the involvement of new City personnel. We sincerely hope that the information presented here addresses all of your concerns and assists in clarifying actions which have occurred on the project in the past and what is intended in the near future. It is the intent of the developer to complete a quality development and they offer their full and fair cooperation to the City toward this goal. If you cannot locate any referenced documents in the City files we would be glad to provide copies. Pertaining to our discussion regarding potential reimbursement for improvements involving the regional storm drainage channel the developer is now checking the files for further information. Obviously, they are very interested in obtaining any legitimate reimbursement involved. We will contact you shortly with this Page 4 information. Issues remaining to be resolved as outlined above are being addressed as quickly as possible. Considering that some of the issues discussed appear to have been the result of misunderstanding on your part and that the others are presently being addressed we do not believe it is reasonable to withhold building permits on the latest filing at this time —This decision is placing a severe hardship on independent builders who have purchased lots and who are standing by with a sales commitment to proceed. I'm sure that you can appreciate that, given the present construction market, lot sales are by no means easy to come by. Please give this your consideration and let me know your decision as soon as possible. Sincerely, Rick Matti g1M�E. Construction Coordinator for Brown Farm Joint Venture cc: Mr. John R. P. Wheeler Mr. Bob Martin [doc: newall2.let] W"LELER MANAGEMENT GROUP. " TD. 812 Eighth Street Greeley, Colorado 80631 Telephone (303) 352-5860 January 4, 1988 City of Fort Collins Storm Drainage Utility P. O. Box 580 Fort Collins, CO 80526 Attn: Susan Hayes Re: Four Seasons 5th Filing Regional Drainage Channel Rebate Dear Susan: This letter is being written to request release of funds for the City's rebate portion of the regional storm drainage channel recently constructed within the 5th Filing of Four Seasons Subdivision. As you are aware, there was a considerable amount of confusion regarding the intent of the quantities and cost estimates indicated in "Exhibit B" of the Development Agreement for this filing. As the result of our recent conversations and mutual research, we do concur with you that the numbers indicated in "Exhibit B" do reflect only the City's portion of the construction. Furthermore, it is now clear to all concerned that these calculations were based upon construction of the complete channel (both the 5th and future 6th filing). The referenced "Exhibit B" indicates the following information regarding the rebate: Excavation 4,781 C.Y @ $6.75 $ 32,272 R.O.W. 0.65 Acres @ $20,000/Ac. $ 13,000 Design Lump Sum $ 2,500 You have previously released full rebate for the right-of-way acquisition and engineering design based upon the fact that both filings were reviewed and approved. At this time, we are requesting rebate for that portion of the excavation completed within the 5th Filing. Per our conversations, we would like to base this partial payment as follows: Total lineal footage (both filings) 2,350 L.F. Total estimated excavation quantity 4,781 C.Y Total estimated construction cost $ 32,272 Lineal footage completed in 5th Filing 586 L.F./25% (Station 17 + 64 to Station 23 + 50) 25% of $ 32,272 = $ 8,068.00 (Requested Rebate Amount) At such time as the 6th Filing is constructed, we will submit a request for the balance of the excavation in the amount of $24,204.00. If this scenario meets with your approval, please process this request for payment on January 8 as we have previously discussed. Thank you for your assistance in this matter. Sincerely, WHEELER MANAGEMENT GROUP, LTD. Dan Wheeler DW/lc January 1.3,. 1988 To: Mr. Wallace D. Prugh, Attorney at Law Hasler and Fonfara From: Ted A. Dorstad Re: Four Seasons Subdivision Fifth Filing BACKGROUND On February 1, 1985, I began working for M 8 I/Donohue in Fort Collins. Projects underway at that time included the design of various site improvements in the Four Seasons Subdivision. The Village at Four Seasons was located east of Tradition Drive and south of Horsetooth Road. Four Seasons Fifth Filing was to be located adjacent to the Park South Subdivision to the east and earlier Four Seasons filings to the north and west. The client for the work at Four Seasons was Brown Farm Joint Venture represented by Mr. Dan Wheeler. The Four Seasons Fifth Filing was prepared in accordance with City of Fort Collins and FHA requirements. On site detention was required to minimize the impact of increased runoff on downstream properties. The detention basin was located at the natural :Low point of the area and was to discharge onto Tract of the Park South Subdivision. A concrete trickle cha-,nel was designed through the bottom of the detention basin to keep the bottom of the basin dry for ease of maintenance and to minimize any mosquito problems from the standing water. The concrete trickle channel was required by the City of Fort Collins. The preliminary plans and drainage report were submitted to the City of Fort Collins in early May, 1985. Comments were received from the City and a reply letter was sent to the City addressing all their comments. The preliminary plans were approved by the Planning and Zoning Board on June 26, 1985. At that meeting H.- Mark Middel spoke against the detention basin releasing nuisance water onto the downstream property. During subsequent meetings Mr. Middel asked that a deep hole be dug so that the low flow water from lawn;watering would soak into the ground. He said that as the downstream developer that he was willing to accept runoff from rains, but that he did not want to accept the nuisance water. After subsequent reviews and discussions with the City Storm Drainage staff, the concrete trickle channel was changed to a rock channel so'that some. but not necessarily all, of the low flow water would soak into the ground rather than run off. On Thursday, June 27, 1985, I attended a mectius with Mr. Loret; Dilsaver and Mr. Mark Middel to discuss the Four Seasons project. The client, Mr. Dan Wheeler, had requested that I attend the meeting in his absence. I showed them the preliminary drawings for Four Seasons Fifth Filing and explained the plans for the detention basin and downstream release. I informed the client representative, Mr. Dan Wheeler, of the meeting results and suggested that he should contact Mr Dilsaver and Mr. Middel to discuss the development. On July 3, 1985 Mr. Ron Strahle called me at work and asked about the grading operations for the Pillage at Four Season -- along Horsetooth Road. He stated that it looked like the grading was going to end up with water being discharged east along Horsetooth Road. I told him that the site had been staked in accordance with the approved plans. He asked me to guarantee that. no water would be discharged onto the Park South property near Horsetooth Road and that the runoff was supposed to be channeled all the way to the South side of Tract G. I told him that I assumed that the developer would make sure that the work would be done in accordance with the approved plans. Mr Strahle referred to an October, 1984 agreement that required that the only acceptable discharge point was near the south end of the Park S'out.h property. I told him that I would review that agreement. with the developer. Subsequent to the July 3, telephone call from Mr. Strahle I notified Dan Wheeler that he should contact Mr. Strahle or Mr. Dilsaver to explain Brown Farm Joint Venture's plans. The Final. plans and drainage report for the Four Seasons Fifth Filing were approved by the Planning and Zoning Board on July 2.2, 1985. The Company that I was working for at the time, M & I/Donohue, was not retained for construction related services and other than occasional questions from Dan Wheeler and contractors my direct involvement ended in approximately Aurust. 1985. ENGINEERING ISSUES DURING DESIGN OF FOUR SEASONS The design of the project involved an evaluation and resolution of the physical and regulatory constraints. For instance streets must line up with adjacent developments and drainage most discharge at an acceptable location and in an acceptable manner_ City and FHA criteria must be followed for width of streets, minimum and maximum slope for streets. acceptable water inundation levels from runoff during various storms, depth for utilities, etc. An underground storm sewer system was required for Four Seasons Fifth Filing because the allowable flooding inundation level from the two year storm was reached on Wabash St. between Tradition Dr. and Granite Court. The underground pipe that was designed began as a 24" and increased to 27" w-ere it discharges into the Tract A detention basin. Because an underground pipe system Was required for drainage then it would have been impossible to discharge across the property line onto Tract G at the existing ground surface. The invert of the pipe where it discharged into the 'tract A detention basin was almost four feet lower than the existing ground at property line. The detention basin outlet pipe could not be any higher than approximately 4.5' below the existing ground and still drain by gravity. 'therefore. the size of the Tract A detention basin did not control the elevation of the discharge onto Tract G. STREETS For the purposes of this evaluation I then calculated what the impact on the underground storm sewer would be if all streets had been designed at the City's allowable minimum slope of 0.40% (FHA requires a minimum slope of 0.50%). However. it is not good engineering practice to routinely design at minimum conditions. This analysis assunes_that all other site grading, earthwork and underground utility conflicts could have been resolved. The restrictive street path is from the low point in Benthaven St. to Wabash St. between Tradition Dr. and Granite Ct. The existing design used street grades from 0.64% to 0.68% along these streets. Reducing the street grades to 0.40% would have allowed the low point in Benthaven St. to.be raised approximately 2.0'. If it is assumed that the storm sewer pipes could also be raised 2.0" then the elevation of the Tract A detention basin outlet pipe could be raised to 54.5 (All elevations are referenced to the Four Seasons Fifth Filing Construction plans. Add 5000 to all elevations to obtain City datum). This new elevation would still be 2.5" below the existing ground elevation of 57.0 and would require shaping a channel onto Tract G for discharge. PARK SOUTH DEVELOPMENT I Evaluated the effects of the current underground pipe outlet on the Park South property downstream. This evaluation was for both the approved Park South plans and j or an alternative layout that was provided showing single family homes. The Final Landscaping Plan for Park South PUD dated July 27, 1979 showed a drainage channel thru Tract G with a meandering path and four pedestrian bridges crossing the channel. The drainage channel is shown extending from the west property line at Tract G to Manhattan Ave. With the approved plans for Park South the channel constructed in Tract G by Brown Farm Joint Venture Would have no significant impact. The only expected cosy to t6 Park South developers Would be for modifying the alignment and shape of the channel, if they so desired. The attached drawing, Alternative 1, was used to evaluate one possible way that the current conditions could be incorporated into Park South. Based upon this evaluation it would be possible to extend a pipe or open channel to point A and discharge onto the proposed street. However, it is unlikely that the City would approve the discharge because the allowable street capacity would probably -be exceeded. However, if the City would allow the discharge, a pipe length of approximately 190' would reach the proposed street at Point. A. At a total project cost of $50 per foot this pipe would cost approximately $9500. Another alternative would be to extend the pipe downstream to Hanhattan Ave. At a length of 870' and a project cost of $50 per foot this pipe would cost approximately $43500. With this pipe installed the redevelopment of Park South could proceed without any limitations from upstream drainage. It is my opinion that the City will require a drainage easement along the south side of Park South under any redevelopment plan. The reason is that the existing homes adjacent to and south of Tract G already drain onto Park South. An easement would be necessary to make sure that adequate drainage exists for the existing homes as well as any future homes in Park South. JTR,�H LE .� PO w-ER FORT CoL INS 'Cole ew no d06zII �03..ea .... June 15, 1978 yr. Arthur E. March, Jr. City Attorney Fort Collins, Colorado Dear Art: This letter is written in behalf of Park South Company and constitutes a recitation of the terms and conditions which we understand to be applicable to the annexation of Park South Plan- ned Unit Development. We are aware, of course, that the final decision for the city must be made by the City Council, but it is our understanding that the various agencies of the city with whom we have been negotiating will recommend the following to the council: 1. STREETS: In order to protect the edges of the pavement, all streets will be built with a concrete edge, flush with the top of the asphalt, six inches wide and set into the ground twelve inches deep. Drainage will be by means of a grassy Swale, rather than conventional gutters. Street widths shall be as follows: have an eighty foot Manhattan Avenue will area. right-of-way with a forty-four foot paved Boulder Street will have a sixty foot right-of-way with a thirty-six foot pavement. Walden Way and Rock Way will each have a fifty foot right-of-way and twenty-eight feet of pavement. All courts and cul-de-sacs will have twenty-four feet of pavement. The name of the street denominated as Rockway Court on the Plat will be changed to Rock way Drive and will be extended to intersect with Horsetooth Road. All cul-de-sacs will be ninety feet in diameter. All sidewalks will be concrete, rather than asphalt, and will J W A HORSETOOTI-I R01A0 3`j FIuWG THE VILLAGE. 1 tt FILING 2J FILa G OF cl. Z W Oc ,, I J �d � v OUT FALL 5*b FILING ' LOWER "SIW Q N PARK j SOUTH U ,,U%STIWG ~ STORM Q DRAIWAGt ,I CHAWWEL i is BOULDER 57. SOUTH GLEu ACT 'A' OM D) --- i TO SOUTH GGLEW POW D - DEWOTES DIRECTION OF DRAINAGE. FOUR SEASONS SCHEMATIC W.T.S. CITY OF FORT COLLINS STORMWATER UTILITY July 7, 1988 Mr. Dan Wheeler Wheeler Management Group 812 Eighth Street Greeley, CO 80631 RE: Four Seasons Fifth Filing City Dear Dan: Reimbursement of Expenses Incurred by the Per the Amended Development Agreement 8, 1987), Brown Farm Joint Ventures is certain expenses incurred in resolving drainage facilities. for Four Seasons 5th Filing, (December required to reimburse the City for the problem of inadequate storm To date, the temporary channel has been constructed from the Four Seasons pond outlet to Manhattan Drive. This work was accomplished by our Street Department crews. An invoice and a copy of the original work request is attached. Also attached are invoices for work done by Donohue and Associates and Jerry S. Moore, Inc. These invoices were sent to you in March, but have not yet been paid. As stated in the Amended Development Agreement, you have fifteen (15) days to reimburse the City for these expenses. If you fail to make the payments within fifteen (15) days we will draw upon the Letter of Credit, numbered 419, issued by United Bank of Fort Collins. If you have any questions regarding the invoices please call me at 221-6589. Sincerely, Susan Duba ayes Civil Engineer II Enclosures cc: Steve Roy, City Attorney Wallace Prugh, Hasler and Engineering File Ir Fonfara STORMWATER UTILITY 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6589 IN CLEVELAND, OWO 3200 NATIONAL CITY CENTER CLEVELAND, ONTO 44114 (210) 021g200 IN PEPPER PIKE, OHIO 30195 CHAGRIN BLVD. PEPPER PIKE, 0H10 44124 .2131 521d200 IN COLUMBUS, OHIO 65 EAST STATE STREET COLUMBUS. OHIO 4321 5 1114) 22E-1541 BAKER & HOSTETLER COUNSELLORS AT LAW SUITE I IM O EAST 111E AVENUE DE1V VER, COLORADO 80203 (3O ) B 10 TELECOPI (606) 861•7805 September 6, 1989 City Attorney City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 SEP 0 7 1989 (F Cry � yIN �NINO� TO.C. 1,ON.W. I �(J36 12021 531-ISOO �.' ' 1N ORLAN DO, FLORIOA 200 SOLT. ORANGE AVENUE SUITE 2300 ORLANDO, FLORID. 32601 (401) 641-1111 1N WINTER PARK, FLORIDA 201 NORTH Nm YORK AVE. SUN BANK BUILDING SUITE 301 WINTER PARK, FLORIDA 32769 (3051 047-5G54 Subject: Development Agreement Dated July 18, 1985 Brown Farm Joint Venture, a Colorado Joint Venture Greetings: Please be advised that we represent Aspen Savings and Loan Association, the Assignee of an Assignment given as of the loth day of September, 1986 by Brown Farm Joint Venture, a Colorado Joint Venture. I am enclosing a copy of the above referenced Assignment for your review and information. By this letter we are demanding that all payments to which Brown Farm Joint Venture would be entitled under the agreement be made to Aspen Savings and Loan Association. We would appreciate you advising us as to the status of reimbursements under the Development Agreement and the existence of any other issues that might affect the enforceability of the agreement and payments due thereunder. Please feel free to contact me if you have any questions. Thank you for your assistance. Very truly yours, ames R. Martin JRM/jk Enclosure ADDENDUM THIS ADDENDUM is made and entered into this 8th day of December, by and between the City of Fort Collins, Colorado, a Municipal Corporation ("the City") and Brown Farm Joint Venture, a Colorado Joint Venture ("the Developer"). WHEREAS, the City and the Developer previously entered into a Development Agreement dated July 18, 1985, pertaining to the development of Four Seasons 5th Filing ("the Property"); and WHEREAS, the Development Agreement refers to the Developer as "Brown Farm" and the correct legal name of the Developer is "Brown Farm Joint Venture"; and WHEREAS, the Development Agreement includes a provision in paragraph 2 C that all storm drainage facilities for the Property were to be completed prior to the release of more than thirty-five (35) building permits; and WHEREAS, more than thirty-five (35) building permits have to date been issued by the City, and the completion of said storm drainage facilities has been delayed by pending litigation pertaining to the same; and WHEREAS, certain lots within the Property have been sold by the Developer or are under contract for sale to third parties upon whom the prohibition against further development will work an undue hardship; and WHEREAS, the parties are desirous of modifying the above -mentioned provision of the Development Agreement. NOW, THEREFORE, in consideration of the mutual promises and obligations herein contained and other good and valuable con- sideration, the receipt and adequacy of which is hereby confessed and acknowledged, the parties agree as follows: 1. The Developer shall, within fifteen (15) days after written request therefor, reimburse the City for: (a) any expenses actually incurred by the City in acquiring, through condemnation or otherwise, such real property as is necessary for the construction of storm drainage improvements which will, in the judgment of the City Engineer, provide adequate storm drainage facilities for the Property and adjacent properties, and (b) the actual cost of design and construction of such storm drainage improvements. 2. In order to secure at least partial payment of the aforementioned obligation by the Developer to the City, the Developer shall, on or before December 15, 1987, furnish to the City an irrevocable, unconditional letter of credit in the amount of Forty -Two Thousand Dollars ($42,000.00) ("the Letter of Credit"). If at any time the Developer fails to make the payments owing to the City as set forth herein within fifteen (15) days after written request therefor, then the City, at its sole discretion, may draw upon the Letter of Credit in. the amount of such indebtedness owing to the City by the Developer. The amount of the Letter of Credit shall not in any way limit the Developer's obligation to pay the full amount of all expenses actually incurred by the City as described in paragraph 1 above. In the event that the Letter of Credit is insufficient in amount to fully reimburse the City for such actual expenses, the City shall be entitled to those remedies upon default which are described in paragraph 3 E of the Development Agreement and such other remedies, if any, as may be available at law or in equity. 3. Upon the City's receipt of the Letter of Credit, the City shall release building permits only for those two lots within the Property which have heretofore been sold by the Developer or are under contract for sale to third parties. 4. The Developer shall forebear from selling, contracting for sale or offering for sale any additional lots within the Property until the occurrence of either of the following events, whichever first occurs: (a) storm drainage facilities for the Property, approved by the City Engineer, are completed and any legal challenge to the same is resolved by order of court; or (b) the City acquires by court order or agreement a right of possession of all real property which is necessary, in the judgment of the City Engineer, for construction of the above -described drainage facilities. 5. The Letter of Credit must be for a term expiring no earlier than one (1) year from the date of execution, provided that such Letter of Credit shall be renewed annually for additional one (1) year terms or the Developer shall furnish the City with replacement Letters of Credit for one (1) year terms at least fifteen (15) days prior to the expiration of the Letter of Credit or any replacement thereof. The failure of the Developer to provide the City with such replacement or extended Letter of Credit on or before fifteen (15) days prior to the expiration date thereof shall be a default hereunder entitling the City to draw the entire amount of such Letter of Credit for payment of the expenses described herein with the excess, if any, - 2 - being returned to the Developer upon completion of the storm drainage improvements as set forth herein. Any such replacement Letters of Credit shall be clean, irrevocable and unconditional Letters of Credit issued by United Bank of Fort Collins, N.A. or another bank or savings and loan association acceptable to the City and shall be in a form acceptable to the City. 6. The Letter of Credit shall be released at such time as the storm drainage facilities for the Property, approved by the City Engineer, are completed and any legal challenge to the same is resolved by order of the court. 7. All notices requesting reimbursement for expenses incurred by the City pursuant to the terms of the Addendum shall be addressed to the Developer at: 812 Eighth Street, Greeley, Colorado 80631. 8. Except as modified herein, all terms and conditions of the Development Agreement shall remain in full force and effect. ATTEST: City Clerk APPROVED: THE CITY OF FORT COLLINS, COLORADO, a Muni ipa1 Corporation By c City Manager BROWN FARM JOINT VENTURE, a Colorado Joint Venture � /J By. J R.P. Wheeler, Joint Venturer - 3 - AMENDMENT AGREEMENT This Agreement made and entered into this ` ' day of �/+� 1986, by and between the City of Fort Collins, Colorado, a municipal corporation, hereinafter referred to as the "the City," and Brown Farm, a joint venture, hereinafter referred to as the "the Developer," WITNESSETH: WHEREAS, the City and the Developer have previously entered into an agreement pertaining to the development of certain real property situate in the County of Larimer, State of Colorado, which agreement is dated July 18, 1985; and WHEREAS, the parties hereto are desirous of modifying a certain portion of said agreement. NOW, THEREFORE, in consideration of the mutual promises contained below and recited in the above mentioned agreement, the receipt and adequacy of which is hereby acknowledged, the parties agreement as follows: That Paragraph 2C of the above mentioned development agreement be modified by the addition of certain language so as to read in its entirety as follows: All storm drainage facilities shall be completed prior to the release of more than thirty five (35) building permits. Under no circumstances shall the City be responsible for the maintenance of the detention pond. In the event that any claim for relief or cause of action for damages, losses or expenses of any kind whatsoever is brought against the City by any third party by reason of the construction of storm drainage facilities provided for by this agreement, the Developer hereby agrees to defend, indemni and hold the City harmless from any and all damages, losses, expenses of any kind whatsoever for injury, death or damage to person or property arising therefrom or relating thereto, whether or not such damages or losses are presently known or foreseeable. Such indemnification shall include but not be limited to payment for reasonable attorneys' fees and court costs in the event of litigation, provided, however, that the City agrees to make every reasonable effort to avoid unneces- sary attorneys' fees by: (a) Permitting legal counsel for the Developer to also represent the interests of the City in any such litigation, so long as the interests of the parties are compatible in the judgment of both parties and no conflict of interest is perceived by either party, and/or (b) providing legal counsel from within the staff of the. City Attorney's office for such additional legal Amended Agreement Page 2 services as may be feasible in relation to the other duties and responsibilities of said office, in the judgment of the City Attorney. THE CITY OF FORT COLLINS, COLORADO a municipal corporation ATTEST: City Clerk APPROVED: bsAawy Cit7y, Engineer ss ib t t City Attor ey By _ City Manager BROWN FARM, a joint venture J h R.P. Wheeler J t Venturer ASSIGNMENT THIS ASSIGNMENT is given as of the in _ day of September, 1986, by Brown Farm Joint Venture, a Colorado Joint Venture ("Assignor") whose address is 812 Eighth Street, Greeley, Colorado 80631 to Aspen Savings and Loan Association ("Assignee"), whose address is 255 North Mill Street, Aspen, Colorado. RECITALS A. Assignor is a party to that certain Development Agree- ment with The City of Fort Collins, Colorado, dated July 18, 1985. B. Assignor's Joint Venturers, John R. P. Wheeler and Robert W. Martin ("Joint Venturers") have each borrowed the sum of $70,000.00 from Assignee in order to pay certain obligations of Assignor, which sums are evidenced by their promissory notes (the "Notes") to Assignee for said amounts. ASSIGNMENT NOW, THEREFORE, to induce Assignee to make the Loan, as a partial source of repayment of the Loan, and as additional secu- rity for the payment and performance of all obligations of Joint Venturers to Assignee evidenced by the Notes, whether now exist- ing or subsequently incurred, Assignor hereby undertakes and agrees as follows 1. Assignment of Credits and Repayment Rights. Assignor hereby assigns, sells, and conveys to Assignee all of Assignor's right, title, and interest in and to all credits, repayment rights, revenues, contract rights, and benefits of every nature arising out of the Development Agreement, including, but not limited to the credit or repayment by The City of Fort Collins for storm drainage improvements and oversizing Wabash Drive to collector standards (collectively "Credits and Repayment Rights"). Assignee shall have the right to notify The City of Fort Collins of this Assignment. 2. Ownership and Preservation of the Credits and Repayment Rights. Assignor represents, warrants and covenants that it now is the absolute owner of the Credits and Repayment Rights, with full right and title to assign the same; that the Development Agreement is valid, in full force and effect, and has not been modified or amended except as stated herein; that there is no outstanding assignment or pledge thereof or of the Credits and Repayment Rights (for security or otherwise), due or to become due thereunder; that there are no existing defaults under the terms thereof on the part of any party thereto; that The City of Fort Collins has no present defenses, set -offs, or counterclaims against Assignor; and that no Credits and Repayment Rights, pay- able thereunder have been or will be hereinafter discounted, released, waived, compromised, or otherwise discharged without Assignee's prior written consent. Assignor will not cancel, ter- minate, or permit the surrender of the Credits and Repayment Rights, or amend or modify the Development Agreement, or make any subsequent assignment thereof, without the prior written consent of Assignee. Any attempted cancellation, termination surrender, amendment, modification, or assignment of the Development Agree- ment without the prior written consent of Assignee shall, at Assignee's option, be null and void. 3. Assignee's Rights. Assignee is empowered, but shall have no obligation, to collect the Credits and Repayment Rights accruing under the Development Agreement, to enforce payment thereof and the performance of any and all terms and provisions thereof, to exercise all the rights and privileges of Assignor thereunder, including the right to demand and sue for them. Assignee will from time to time apply the Credits and Repayment Rights, after payment of all proper costs and charges (including any loss or damage of the nature referred to in Paragraph 6 hereof, and including reasonable attorneys' fees and other costs of collection) to any sums then due Assignee under the Notes, in such order as Assignee may elect, but Assignee will in no event be accountable for any sums not actually received by Assignee pursuant to this assignment. 4. Revocable Waiver of Assignee's Rights. By accepting this assignment, Assignee waives the right to exercise the rights and powers granted to Assignee in Paragraph 3 above and covenants and agrees not to revoke such waiver until and unless there has been a default: by Joint Venturers in the payment or performance of any obligation contained in, secured by, or referred to in the Notes. If any such default occurs and is not cured within any applicable grace period, Assignee may at any time revoke such waiver without: notice, and upon such revocation may proceed to exercise any or all of the rights and powers conferred upon Assignee in said Paragraph 3. 5. Direction to The City of Fort Collins. Assignor hereby irrevocably agrees and directs that The City of Fort Collins shall, upon demand and notice from Assignee that Assignee has OPM Mr. Arthur E. March, Jr. Page Two June 15, 1973 have a uniform width of four feet. Main thoroughfares shall have sidewalks on one side of the street. Sidewalks serving homes which face on a cul-de-sac will not be adjacent to the cul-de- sac, but will be at the rear of the homes. Park South will dedicate an additional twenty feet for Horse - tooth Road, to be added to the existing thirty foot right-of-way, the total to constitute one-half of a one hundred foot right-of- way. Park South will be required to widen the south half of Horse - tooth Road so that the total width of the pavement on such south half will be thirty feet. Park South shall pay for curbs and gut- ters for this portion of the street, and the City of Fort Collins shall pay for any costs occasioned by designation of Horsetooth Road as an arterial street, including, but not by way of limitation, the cost of ten feet of the paving involved. A seven foot wide concrete sidewalk shall be built on the south side of Horsetooth Road, and Park South Company shall pay for four feet of this side- walk. Park South shall also pay for the widening of the south half Of the bridge across the canal of the New Mercer Ditch Company sub- ject to the provision that the city will pay for so much of the work as is occasioned by the fact that the street is an arterial, including, :but not by way of limitation, payment for ten feet of such widening. Park South Company shall not be required to do the widening Of Horsetooth Road or the bridge referred to above until such time as certificates of occupancy have been issued for one hundred and sixty living_ units in the subdivision or until three years from the date of annexation, whichever first occurs. 2. UTILITIES: As of the date this letter is written, the question of whether utilities shall be furnished to the subdiv- ision by the City of Fort Collins or by service districts is un- resolved. The city will use its best efforts to resolve this question, if possible by the time the annexation is complete. Installation of the water distribution system in the sub- division, including service to fire hydrants, shall be in accor- dance with requirements of the Fort Collins -Loveland Water District. The city has approved the number and location of fire hydrants as revoked the waiver contained in Paragraph 4 hereof, pay the Credits and Repayment Rights under the Development Agreement to Assignee, without liability on the part of The City of Fort Collins for determining the validity or propriety of Assignee's revocation of such waiver, and notwithstanding any claim by Assignor that Assignee's revocation of such waiver is invalid or improper. Assignor will have no claim against The City of Fort Collins for any Credits or Repayment Rights or other sums paid by The City of Fort Collins to Assignee. 6. Indemnification. Assignor agrees to indemnify and hold Assignee harmless of and from any and all claims, liabilities, losses, expenses, or damages, including attorneys' fees, which Assignee may incur under the Development Agreement, or by reason of this assignment, as well as any and all claims and demands whatsoever which may be asserted against Assignee by reason of any alleged obligation or undertaking to be performed or dis- charged by Assignee under the Development Agreement or under or by reason of this assignment. 7. Performance by Assignor. Assignor will perform, both before and after any revocation by Assignee of the waiver contained in Paragraph 4 above, all of Assignor's covenants, agreements, and obligations under the Development Agreement, and will neither do nor fail to do anything which may result in any release of the Credits and Repayment Rights under the terms of the Development Agreement. Assignor will give prompt notice to Assignee of any notice of default received from The City of Fort Collins and will furnish Assignee with a copy of any such notice. If requested by Assignee, Assignor will enforce the Development Agreement and all remedies available to Assignor against The City of Fort Collins thereunder in the event of any default. 8. Assignor's Negative Covenants. Assignor will not make any other or further assignment of the Credits and Repayment Rights under the terms of the Development Agreement or of any interest therein. Assignor will not modify or amend the terms of the Development Agreement or cancel or terminate the same, with- out the prior written consent of Assignee. 9. Cross -Default Clause. Any default by Assignor in the performance or observance of any covenant or condition hereof shall be deemed a default or event of default under each of the Notes, entitling Assignee to exercise all or any remedies avail- able to Assignee under the terms of the Notes, and any default or event of default under the Notes shall be deemed a default hereunder, entitling Assignee to exercise any or all remedies provided for herein. Failure by Assignee to exercise any right which it may have hereunder shall not be deemed a waiver thereof unless so agreed in writing by Assignee, and the waiver by Assignee of airy default by Assignor hereunder shall not consti- tute a continuing waiver or a waiver of any other default or of the same default on any future occasion. 10. Reassignment by Assignee. Assignee may assign all of Assignor's right, title, and interest in any or all Credits and Repayment Rights (to the extent of the interests therein con- ferred upon Assignee by the terms hereof) to any subsequent holder or owner of the Notes. 11. Binding Effect. The provisions of this Assignment shall bind and benefit the parties and their respective succes- sors and permitted assigns. IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date first above written. BROWN FARM JOINT VENTURE, a Colorado Joint Venture By: h R. P. Whe o t Venturer X -) , Robert W. Martin, Joint Venturer -4- Citv of Fort Collins Develol ?nt Services Engineering Department M E M O R A N D U M DATE: October 6, 1989 TO: W. Paul Eckman, Deputy City Attorney FROM: Julie Wittmeier, SID Assistant THRU: Matt Baker, SID Coordinator RE: Four Seasons 5th Filing P.U.D. Street Oversizing Reimbursement - Wabash Street Per your memo dated September 14, 1989 requesting information on Four Seasons 5th Filing P.U.D., please find attached copies of the Purchase/Payment Requisition, a letter to Dan Wheeler and one from Dan plus Matt's worksheet for street oversizing reimbursement on Wabash Street. The payment was made to Wheeler Management Group, Ltd in October 1986 for $7,380.36. I hope this will assist you. cc: Dave Stranger Mike Hertzig Gary Diede Alan Krcmarik t011 I iP�,rtc ,Are.n:r ' l'_ ,.,� =`�u �'i,a C�,Ilin�. _ __ 7,,i 1,) .-�.,,,ii; Utility rvices Stormwater MEMORANDUM DATE: October 9, 1989 TO: Paul Eckman, Deputy City Attorney FROM: Susan Duba Hayes, Civil Engineer II RE: Assignment Agreement between Brown Farm Joint Venture and Aspen Savings and Loan Association This is in response to your memo of September 14, 1989 requesting information on payments made by the City per the Development Agreement for Four Seasons, 5th Filing P.U.D. The original Development Agreement, dated July 18, 1985, included an Exhibit B that outlines the estimated costs for storm drainage improvements eligible for reimbursement in accordance with the City Code. The facility is a regional drainage channel located in the southern portion of the development. Only a portion of the channel has been constructed, specifically, from Moss Creek Drive to Troutman Park. This represents approximately 25% of the total channel. In September 1987, Brown Farm Joint Venture requested reimbursement for the completed improvements. After extensive research the following reimbursements were made: (See attached Payment Authorizations) Easement Acquisition $13,000.00 Professional Design $ 2,500.00 Construction $ 8,068.00 The easement and design costs represent the total owed. The construction reimbursement represents only 25% of the total since only a portion of the channel was constructed. The remainder of the channel that needs to be built is located in what is now called Four Seasons 6th Filing. As of this date, the Developer is planning on resubmitting this filing for City approval. Design changes are being made to the channel and the Exhibit B may be revised to reflect current construction costs. Actual construction is anticipated in the summer of 1990, with reimbursement following completion. Reimbursement can only be made upon submittal of sufficient documentation showing the actual costs of the construction and who paid the contractor. 235 Mathews • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6589 After reviewing the Assignment Agreements, (dated September 10, 1989), I am concerned about the validity of the Development Agreement Addendum dated December 8, 1987. Section 2 of the Assignment states that the Development Agreement will not be amended or modified without prior written consent of Aspen Savings and Loan Association. I have no idea if this permission was obtained. The purpose of the addendum is to clarify the Developer's responsibilities with respect to the resolution of a drainage problem in Four Seasons 5th Filing and the adjacent Park South drainage easement (not related to the regional drainage channel). In this case the City has received reimbursement from Brown Farm and the agreement has been amended in regard to the Park South litigation. Steve Roy is familiar with the issue. I would like to know if the Assignment Agreement in any way affects the terms of the addendum. If you have any questions regarding this information, please call me at X6589. Attachments cc: Dave Stringer, Chief Construction Inspector Mike Herzig, Development Review Coordinator . tl lit.' Lf 1)r'11''W'!k r City or, liar. May 24, 1990 Kathleen Curtis, Attorney at Law 19 Old Town Square, Suite 238 Fort Collins,. CO 80524 RE: Four Season's 5th Filing Detention Pond Dear Ms. Curtis: HAND DELIVERED With reference to your March 22, 1990 letter to Bob Smith requesting information on the referenced detention pond, I have enclosed pertinent information I was able to find. Our files did not clearly indicate what triggered the change from a concrete trickle pan to a french drain. I spoke with Rick Mattingly who was the developer's construction coordinator. He said that his recollection of the reason for the change was the concern raised by the offsite property owner, Marc Middel. Mr. Middel expressed concern at the Planning and Zoning Board hearing about the nuisance water that would run in the grass Swale that traverses his Park South property. (See attached June 26, 1985, Board Minutes.) Apparently the use of the french drain was proposed to allow the flows to infiltrate prior to reaching the pond outlet. Our files did not have any documentation of an official request for a change from the proposed concrete trickle channel to the french drain system. At the time of approval and construction (1985 and 1986) administrative changes through the Planning Department were not required for changes to utility plans. Changes to utility plans were usually accomplished by working directly with the affected department. Due to the lack of written documentation in the files it appears that the approval for the change to a french drain was given verbally, and the actual change to the utility plans was accomplished by providing as -built plans indicating that a french drain was constructed rather than a concrete trickle pan, (see attached plans). Installation of the french drain was done during the summer of 1986. In October 1986 a letter was submitted to the Stormwater Utility (see attached letter dated October 10, 1986) documenting the use of the french drain versus the concrete trickle channel. In January 15,87 the Utility received a letter regarding the status of the project from Rick Mattingly (see attached letters dated January 21, 1987 and January 28, 1987.) At that time the french drain had been installed but had not yet been covered. The as - built drawings and certification referred to in the letter had previously been received by our office, and are attached. This is the extent of the written documentation I was able to find. If you have any questions regarding this information please call me at 221-6589. I apologize for the delay in getting this information to you. Sincerely, Susan L. Duba Hayes Civil Engineer II Attachments cc: Steve Roy, City Attorney Engineering Files Engineering Uty of Vort Collins May 29, 1991 Jon Estabrook Odau Construction, Inc. P. 0. Box 1149 Fort Collins, CO 80522 RE: Four Seasons, 5th Filing Dear Jon: This letter is, to inform you that the storm drainage improvements constructed as of April 29, 1991,.on Four Seasons, 5th Filing have been inspected and accepted by the City pending completion of the following: o Certification of Storm Drainage and Improvements by a Professional Engineer. Please be advised these improvements are subject to the normal one year contractor's warranty period which will begin upon completion of the above deficiencies. This does not release the contractors or developer from any punch list items that might arise during the course of construction or any damage that might occur during construction. Sincerely, F,, Tom Chapel Engineering Construction Inspector TC/ltg 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6605 Mr. Arthur E. March, Jr. Page Three shown on the subdivision Plat. June 13, 1973 At the present time we do not have the city's requirements for the number and location of street lights or for layout within the subdivision generally. We anticipate having this information prior to the time the annexation comes before the city council gotiation. and if there are problems they will be the subject of farther ne- 3. STORM DRAINAGE: As indicated previously, drainage will not be by COnvential curb and gutter, but by grassy Swale. The detention pond as shown on the plat, which has been accepted by the New Mercer Ditch Company, is also acceptable to the city. 4. ZONING: Zoning shall be as recommended by the Fort Col- lins Planning and Zoning Board, which includes 61.4 acres of R-L-P, 20.4 acres of R-P, and 16.5 acres of H-B. Lot sizes, set- backs, and similar requirements shall be as shown on the plat of the Park South PUD First Phase, as approved by the Larimer County Commissioners. If er sents between the this City tof ForteCollinsnandcParkSouth Comaoannegotiatior.s sign a copy of this letter and return it to me. p y' Please Yours sincerely, r Ronald H. Strahle The foregoing letter constitutes an accurate understanding reached by Park Company and representatives City Council„ summary of an South Com of the City of Fort Collins, subject to approval by the Fort Collins CITY OF FORT COLLINS By: �IAiAhoritv June 17, 1985 —Phone 303 221-6570 — --- 505 PETERSON FORT COLLINS, COLO. 80524 C;;(;rEIVEU JUL 1 19' Ms. Wendy Irving, Project Architect PLANWN Robb and Brenner, Inc. bEOApTME P.O. Box 251 Fort Collins, CO 80522 RE: New Elementary School Dear Wendy, I have reviewed your proposal for the new Poudre R-1 elementary school and with the conditions and modifications I have outlined below, am prepared to endorse the proposal as meeting the intent of the fire containment section of the City"s Building Code. In reviewing your proposal I have discussed the situation with our staff and consulted several design standards for the installation of smoke control systems. Although we believe the fire containment areas are adequate, we also believe fire sprinklers provide the best protection and may in fact be the most cost—effective. I have reviewed our recent sprinkler building permits and have found that installation costs average $.80 per square foot with $1.00 being the maximum we have seen in several years. The installation of sprinklers would also allow us to consider other trade—offs including the 2—hour area separation walls which would further impact cost—effectiveness. Outlined below are the conditions and modification to your proposal for the fire containment area option. 1. The number of smoke detectors you propose are adequate and should be installed in accordance with the information I have included, and manufacturers information. The smoke detectors previously shown to control the automatic closing doors in the 2—hour area separation walls may be omitted. 2. All smoke detectors and automatic door closers must be connected to the buildings fire alarm system and must function as an integrated system. 3. The 2—hour area separation walls complete with the automatic closing fire doors must be retained as shown on the original plan. These walls are a separate requirement due to building area, construction type, and fire flow. 4. The gym/kitchen may be included in one fire containment area as shown on your proposal provided the construction of this area conforms to the Type II 1—Hour rating. PROTECTING LIVES & PROPERTY Ms. Wendy Irving June 17, 1985 Page 2. 5. Automatic door closers connected to the fire alarm system which penetrate fire containment area walls may be omitted on restrooms, janitor closets, small storage rooms, and small conference rooms provided those doors are equipped with self —closers and kept closed at all times. Specifically the doors are numbered on your proposal as 1, 2, 3, 6, 7, 8, 12, 13, 14, 16, 17, 18, 19, 20, 21, and 22. All other doors must have automatic closers connected to the fire alarm system including the main gym door, office, teachers lounge, kindergarten(2), and special education rooms. 6. All other penetrations of fire containment area walls must conform to the Building Code, including smoke —actuated duct dampers and approved rated glass in windows. Fire containment area walls must also extend through ceilings to the underside of the roof deck unless the ceiling assembly is listed for 1—hour rating. 7. The fire containment wall at the intersection of the IML room, office, and gym should be reviewed. I suggest the fire containment wall be altered to encompass the office area along the main entrance corridor. This would appear to save one automatic door closer. 8. The location of smoke detectors, automatic door closers, and automatic duct dampers must be included on the alarm plans for review by our alarm inspection. At this point in time, I can only pass this proposal along to the City Building Official for final approval. If you have further questions, please contact me at any time. Sincerely, Warren D. Jones Inspector WDJ/cs A-r-rP6cr MCAJr q /c18s I / F�ZoM TEEFZ - 1-A�IMELou&-nn( ( TAK REc-oRAS / LoT ��o. ��VR(ZE�1.J j ST F4DDrLG�SS OWNfcK NlA-tlaN1 A��?ES� 8l 45S Bout -OF.?- ST, W NE fiffillo STRAHLI, RONALD/E L OIZ 38oI c.eEe Co�F'T —IFITOCCOARLM H OEEO TYPEt WD DEED DATE: �lloi? PARK f l 8 443 I3oV L-DccR- S1 . DILSAVER, LOREN/WILLENE DILSAVER DEYf 3PRENTT CO _ A]fLl6 —E- S;jj7 C F O 110 PALMER DR IN: H oFt _ 38DO G tL >z T v[ DEED MF-7 LAND: 300 IM►S: LOT 91 PARK SOUTH ►UD FTC ` O k= PARK SOUTH VENTURE 1A07 S COLIEGE AVE 3801 STRF 4✓t Co 0TzT DEED TYPE: WD DEED DATE: LAND• AO IMPS: ZTiT FAsFZ T T, FTTg rfe -- 112- 40 i3oUL.DrtZ 0F2.. sT PARK SOUTH YINiURE 1401 S COLLEGE AVE FLOLLIAN cD DLED TTP E: WD LAND: 310 jM/s, LOT 380o sTrz�.a�r cov>zr 112 PARK •OutN IUD FT h3I 4DO BOJLDE2 ST, DILSAVER, LOREN/WILLENE S AAHL , RONA E/ L NT Co oR 31GC� VALE COVR-T FT PALM[ CO DEED TYPE: WO AN300 IMP$: D T3 PARK 1 3 2- 1}'30 130uL-DE2 57. Oe VALE CoU-9r DILSAVER M STRAHLE, RONALD/E L 110 P,'MFR OR FT OLL,.IS �6 LAND: 300 INoS: 1,^r.'32 PARK SOVIN PUD FTC meSL /9x7�00fj 80373 6FF6-DxTF: rJT7R7 HOOR: 71SII pAGF:--p7g 0