HomeMy WebLinkAboutKING SOOPERS, MILLER BROS. FOOTHILLS SUB. - NON-CONFORMING USE REVIEW - 14-97 - CORRESPONDENCE - DRAINAGE RELATED DOCUMENTRobert Perry
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I relayed the findings of my investigation to Mr. Kneeland on September 17, 1997, Mr. Kneeland seemed satisfied with the findings of my investigation and the fact that I was declining liability.
However, he said that his client may be willing to completely let go of this claim if he has some
reassurance that you, Mr. Perry, would be willing to make sure the curbing height is exactly six
inches in the event there is a 100-year flood in the future. 1 advised him that 1 would pass this
concert along to you but that I could have no involvement in what your future course of action
would be. However, in regard to your question as to when the last time a 100-year storm
occurred, I spoke to Marsha Holmes again and she advised she did not have that information.
I thank you for the information you have provided me in my investigation of this claim and I look
forward to working with you further for a complete resohttion of Mr. Cole's issues.
Should you have any questions, please contact the undersigned at 793.1907
Sincerely,
Nicki Staiano
Technical Specialist
NS JA
1'lalvelerepi, y 7979 E. Avenue r.rvvey Meld �eleeo
Ca 173 P.O. Box 173712 Technical Spawns
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Tom: (303) 793-1 W7
Far. (303)793-1799
September 18, 1997
Robert Perry ,
6500 S. Quebec, Ste. 300
Denver, CO so I I I
Ike: Policyholder: Cedarwood Plaza
File Number: BTW0304
Date of Lou: 7-28-97
Claimant: Ray Cole
Dear Mr. Perry:
This letter will serve to provide you with documentation as to the investigation I conducted in
regard to the above referenced claim. As you are aware, Mr. Cole, through his attorney, Bill
Kneeland, is alleging that his property sustained water damage as a result of water entering his
property from the parking lot and road behind your shopping center. Furthermore, he is alleging
that the curbing in this area did not meet the I00-year requirement of being six inches in height
due to the curb sinking and being filled in with asphalt at the site adjacent to his property.
I contacted a leading meteorologist with Colorado State University, Nolan Doeskin. Mr.
Doeskin's number is 970-491-1101, on. 8545. Mr. Doeskin advised me that on 7-28-97, two
inches of rain had fallen earlier in the morning and that. between 5:30 and 10:30 p.m., eight inches
had falkn at the exact location of Mr. Cole's and your property. He further advised that it was
the targest rainfall in Fort Collins' history and that this particular area sustained a considerable
amount of rainfall and damage and was considered one of the hardest hit areas. He referred me to
a storm water designer with the City of Fort Collins for additional information that I needed, I
contacted Marsha Helmes at 970-224-6036. Ms. Helmes advised me that, for this particular
location, photographs of high water marks and high water marks themselves were not obtained
but they were obtained two blocks away at 1213 Taft Hill Road, She said that the measurements
taken at that location would not be valid in determining the level of water at your property.
However, she was able to give me the following general information
The rainfall that occurred on 7.28-97 was considered greater than a 500-year flood. The presetlt
storm drain design is for 100-year storms and the drains are built to handle three inches of rainfall.
On 7-28-97, by 9:00 p.m. the storm sowers and ponds were at Capacity and between 8-10 P.M.
another six inches, in general, had fallen. I asked her opinion as to whether or not this curbing
issue would have contributed to Mr. Cole's damages. She opined that the' curb would not have
been a factor as the flooding was so severe.