HomeMy WebLinkAboutLIND PROPERTY, 2ND FILING - PDP - 39-94D - LEGAL DOCS - PRIVATE ENTITIESAs soon as these structures are designed and approved as mentioned above, we will put
together a formal, final agreement and upon its execution, you will pay the consideration, which
has been determined by vote of our Board of Directors to be $20,000. As you know, these
drainage fees tend to increase over the years for all companies and our company is no different.
Even though the discharge fee is now set at $2,000 per CFS, this can be changed by Director
action. In order to ensure that the cost of your entitlement is not increased, you may want to pay
the $20,000 now.
I hope that this letter, which is written at the direction and with the express authority of
the Board of Directors of the Windsor Reservoir & Canal Company, is satisfactory to assist your
ongoing planning needs.
P.C.
MS/jrr
cc: Donn Engel
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TIMOTHY J. DOW, MBA, JD
PATRICIA T. DOW. CPA, JD, LLM*
MAYO SOMMERMEYER, PC**
OF COUNSEL
• ALSO ADMITTED TO PRACTICE "WIN NEaRASKA
•"ALSO ADMITTED TO PRACTICE LAW IN WYOMINO
THE DOW LAW FIRM, LLC
ATTORNEYS AND COUNSELORS AT LAW
P.U. BOX 1578
FORT COLLINS. COLORADO 80522-1578
(970)498-9900
FAX: (970) 498-9966
E-MAIL: dowodowlawtinn.com
March 1, 2004
Yvonne Seaman, Land Acquisition & Planning Director
Centex Homes
9250 E. Costilla Ave., #200
Greenwood Village, CO 80112
Re: Lind Property / Centex Homes
Stormwater Drainage
Dear Yvonne:
k 7 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
FORT COLLINS. COLORADO 80524
2312 C'AREY AVENUE
CHEYENNE, WYOMING 82001
(307)634-1541
The purpose of this letter is to document and confirm that the project that you are in the
process of developing will be entitled to discharge certain developed stormwater runoff into the
No. 8 Outlet Canal, which is operated by our client, Windsor Reservoir & Canal Company.
Your project is generally described as the "Lind Property" and lies in a triangle bordered on the
west by County Road 11, on the south by County Road 52 and along the easterly and northern
side by the No. 8 Outlet Canal, which runs generally in a southeasterly direction from County
Road 11 to County Road 52.
This will confirm that this project will be entitled to discharge developed stormwater
runoff into the No. 8 Outlet Canal at a flow rate not to exceed 10 CFS. This will require
appropriate detention within the project to limit the maximum discharge into the canal at the 10
CFS rate. The 10 CFS will be discharged into the canal through two separate structures, one
near County Road 52 and the other to the north. These two structures can divide the 10 CFS
flow as your engineering people consider appropriate.
You will be responsible for the design of the structures and any protection such as rip -rap
or structures that slow or diffuse the flow to avoid erosion or damage to the canal. The design of
these structures and associated facilities will need to be approved by our engineer and
superintendent.
You will also be responsible for any ongoing maintenance to the structures, which will
ultimately become the responsibility of the HOA.