HomeMy WebLinkAboutBROWN FARM FIRST FILING - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this PS day off ,
A.D. 1984, by and between BROWN FARM JOINT VENTURE, First Party, and
GREYROCK DEVELOPMENT COMPANY, a Joint Venture composed of LOREN J.
DILSAVER, WILLENE B. DILSAVER, RONALD H. STRAHLE, EMMA LUE STRAHLE and
DILSAVER DEVELOPMENT COMPANY, a Colorado Corporation, Second Party,
WITNESSETH:
WHEREAS, Second Party is the owner and developer of Park South
Subdivision, a portion of Section 35, Township 7 North, Range 69 West of
the 6th P.M.; and
WHEREAS, First Party is the owner and developer of Four Seasons
Subdivision, a portion of the Northwest Quarter of Section 35, Township 7
North, Range 69 West of the 6th P.M., in Larimer County, Colorado; and
WHEREAS, First Party desires to discharge storm waters from Four
Seasons Subdivision upon and across Park South Subdivision; and
WHEREAS, two detention ponds have been constructed on Four Seasons
Subdivision for the purpose of gathering, detaining, and discharging storm
water;
NOW THEREFORE, in consideration of the premises, and in further
consideration of the covenants herein contained, the parties have agreed
and do hereby agree, as follows:
1. Upon initiation of construction of.the next phase of development
within Four Seasons or the Village at Four Seasons, First Party
shall commence and construct to completion with due diligence a
ditch or grassy swale of mutually agreeable capacity, sufficient
to carry the outflow from the said more northerly detention pond.
Said ditch or grassy swale shall be constructed along the East-
erly boundary of Four Seasons Subdivision to a point beyond the
more Southerly of the said twcy detention ponds. l
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2. The volume of said ditch or swale shall be based on the historic
two year rate of runoff from Four Seasons assuming no effect from �_,�j,.j
the irrigation ditch along the mutual property line. This dis-
charge, computed using the Rational Formula, is 16.5 cfs.
3. If at any time in the future First Party wishes to convert the
said ditch to a grassy swale, it shall be permitted to do so,
provided the parties mutually agree that the swale is adequate to
carry the discharge of the detention ponds.
4. From and after the construction of said ditch or grassy swale,
the historic rate of discharge of 16.5 cfs for the two year storm
may be discharged onto and across Park South Subdivision without
liability to First Party, provided, however that all such water
shall be discharged across the West line of Park South Subdi-
vision between two points on said line which are, respectively
1600 and 1630 feet South of the North Quarter Corner of said
Section 35, Township 7 North, Range 69 West of the 6th P.M.
5. This agreement shall be binding upon the parties, their heirs,
personal representatives, successors or assigns.
BR WN FARM JOINT V TURE
ATTEST:
ATT'ES'i :
GREYROCK DEVELOP M NT COMPANY
'LOREN J. DILSAV
WILLENE B. DILSAVER
RONALD H. STRAHLE
AL
EMMA LUE STRAHLE
DILSAVER DEVELOPMENT COMPANY
a Colorado Corporation
17
By
resident
THE FOREGOING INSTRUMENT has been submitted to the City of Fort
Collins, a Municipal Corporation, and is accepted by it.
CITY OF FORT COLLINS