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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 op i 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.