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HomeMy WebLinkAboutBROWN FARM FIRST FILING - Filed GC-GENERAL CORRESPONDENCE - 2003-07-31INFO RNIATION BROC1iUF '(*Brown Farm Firs. Filing CONCEPT The use of planned residential development techniques allows greater design freedom which in turn gives the development character refreshingly different from the stereotyped subdivision. In The Brown Farm this character is created by developing landscaped green belt common areas throughout the development rather than concentrating them. The common areas consist of landscaped areas and natural state areas in the development. Common area improvements con- sist of landscaping. The common areas are owned by The Brown Farm Homeowners Association. Additional land within the 380-acre tract may be annexed within ten years without the consent of the members and would bring about additional people becoming mem- bers of the Association. Otherwise, any annexation, merger or dissolution will require the vote of two-thirdsof the members of the Class A membership and nvo-thirds of the members of the Class B membership. Each lot owner is automatically a member of The Brown Farm Homeowners Association. Every member has the right and easement of enjoyment to the common areas, subject to various rights and regulations of the Association. Any member may delegate his rights to members of his family, tenants or purchasers who reside on the property. THE HOMEOWNERS ASSOCIATION In order to provide for maintenance and preservation of the common areas and architectural control of all structures in The Brown Farm Subdivision, The Brown Farm Homeowners Association has been formed. It is a non-profit Colorado corpora- tion, whose membership consists solely of all lot owners. The affairs of the Association are carried on by a board of directors, one-third of which are elected annually by the members for three year terms. The Association has two classes of voting membership: The developer holds the Class B membership. All other lot owners are Class A members. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be ex- ercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot. The Class B member(s) shal'.! be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B mem- bership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B member- ship, or (b) on July 1, 1979. In addition to the function of electing directors, many important powers arereserved to the members and require a two-thirds vote. For example, mortgaging its property, transferring property to public agencies, etc. The board of directors meets monthly and makes decisions related to the purpose of the Association, such as: (a) Maintenance of the common area. (b) Obtaining and maintaining appropriate insurance on parts of the common area. (c) Fixing the amount of annual assessments. (d) Supervision of officers and employees of the Association. (e) Keeping appropriate corporate and financial records. An Architectural Control Committee reviews plans for any buildings, fences, walls or other structures as to harmony of ex- terior design and location in relation to surrounding structures and topography. ASSESSMENTS Each lot owner is obligated through covenants on the land to pay the Association annual assessments for maintenance of the common area and, upon a twvo-thirds vote of the members, special assessments for capital improvements. During the year 1971, the maximum annual assessment will be $24.00 per lot. Thereafter, the board of directors can increase the maximum assessment 314. each year. Any annual increase in excess of 3% requires a two-thirds vote of each class of mem- bers. The proceeds of the assessments will be used exclusively to promote the recreation, health, safety, and welfare of the residents of The Brown Farm. All assessments will be uniform and equal, except that the assessment for an apartment house shall be in direct relation to the number of votes the owner of the apartment house is entitled to_ Assessments which are not paid may be collected by the Association in the manner of any unpaid debt and also by enforcing a lien against the property. The Association may charge a reasonable amount for the use of any recreational facility built on the common area COVENANTS The covenants of The Brown Farm First Filing will be in effect until July, 1991, and they will be extended automaticaliv'or successive two-year periods. During the first twenty years, thc-may be amended by ninety percent of the lot owners. after, seventy-five percent of the lot owners are required. NOTE: Copies of the covenants, articles and by-laws are available at 1331 8th Avenue, Greeley, Colorado 80631. [AM LEACH & ARNOLD ENGINEERING & CONSTRUCTION, INC. 2305 BROAD\NAY BOULDER, COLORADO 80302 PHONE 449-3232 November 29, 1972 Mr. Roy A. Bi ngman City Engineer City Hall City of Fort Collins Fort Collins, Colorado 80521 RE: BROWN FAFV1 Gear Mr. bingman: The problems we have fount; on infiltration at Broom Farm have been the ," service lines. The developer would not pay for 1/2" rock tobbddin the lines, so we have some broken 4" pipe where there is no 9 under the pipe. pie !ad put 1-1/2" rock under about 85% of the service lines, teen we were informed that the developer would not pay for any rock unc.er the service lines. After Vat, we stil weoL ahead any put it in the wet areas where is necessary. My suggestion is that the city require Oevel oilers to place rock under service lines as well as mains. We will make the lines right even if we have to dig the service lines up and put rock in at our own expense. > feel, however, that thy: developer jhjulu pay thu cost of doing back and potting rocs: under the pipe. Sincerely, r . Royal Gos horn RG /s f is , WHEELER; >=�-:SALTY COMPAN 1331 8T1-1 AVENUE PHONE 13031 356 1331 GREELEY. COLORADO 80631 December 18, 1972 Mr. Roy Bingman, City Engineer City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado 80521 Re: Brown Farm, First Filing Dear Roy: This letter is to certify that a contract has been let for the installation of a storm sewer between 183&"' and'1836 Corriedale Drive and that as soon as weather permits, the drain tile will be installed. We are here- with requesting the City of Fort Collins to issue a clear final inspection on 1830 Corriedale Drive to the builder -- Red Lion Homes. V ry truly yours, P.It David G. Clarkson Vice President DGC/mes cc: Red Lion Homes Attn: Malcolm Guthrie JOHN R. P. WHEELER. REALTOR - MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS December 29, 1972 Mr. Royal Goshorn Leach & Arno ngineering & Cons Lion, Inc. 230 roadway ulder, Colorado 80302 Dear Royal: Regarding your November 29, 1972, letter to Roy Bingman, City Engineer, Fort Collins, Colorado, con- cerning sewer line infiltration on the Brown Farm First Filing, I have been informed by Mr. Bingman that an additional commitment on your part is necessary. In addition to your agreeing to repair all broken service lines, as stated in the above referenced letter, you need to submit a letter agreeing to locate and repair the cause of an approximately 9000 gallon leak located somewhere between ME 11 and MH 13 as soon as the area water table rises sufficiently. You and I previously discussed your using a t.v. set up in the area to locate and repair the leak(s) as the streets have been paved. Please send Roy the above requested commitment as soon as possible. Very truly yoT4 rs, Ga y Bever Land Development Supervisor mes cc: Dave Clarkson —Roy Bingman WEIS PLUMBING AND HEATING, INC. 222 MAIN STREET SECURITY. COLORADO 80911 Gary Beavers ('t,li A, e 1331 .1 �7 Greele,r, 0010 3l .,.'r 33avers PHONE 392-5186 I um, il, ccqt of 'I r AG7•ic-ce-:ent at s cl sewer -ervice t�l that tie t t 'I. "Serving the Pikes Peak Region" January 30, 1973 Mr. Gary Heaver Wheeler Realty Company 1331 8th Avenue Greeley, Colorado 80631 RE: YOUR LETTER LE DECEMBER 29, 1972 Dear Gary. You have recalled only parts of our conversation. to regard to the service lines to be repaired, you said you would talk Dave Clarkson into paying for the rock, as you felt Wheeler Realty should. We would then run a camera through the lines. But we were to have a letter from you or they plumber saying that if it were found to be other than our problem, the plumber would pay the cost of the television camera. 1 still have no letter. 1 wrote my first letter to Mr. Bingman In good faith that you would followup on your part. 1 still have nothing in writing from you. Please forward your letter at the earliest possible date. 1 will then write Mr. Bingman. Sincerely, Royal Goshorn RG/sf cc: Mr. Roy B'ingman`i WHEELER REALTY C0IVYPANY 1331 BTH AVENUE PHONE 1303) 356-1331 GREELEY, COLORADO 80631 February 19, 1973 Mr. Royal Goshorn Leach and Arnold Engineering and Construction, Inc. 2305 Broadway Boulder, Colorado 80302 Dear Royal: Regarding your letter of January 30, 1973, concerning rock for service lines and the use of a television camera to locate areas of infiltration, I believe you are the one who is recalling only part of our conversation. I did agree to talk with Dave Clarkson concerning the cost of installing rock under the service lines. This I did; and according to my notes, I called you back on October 22, 1972, and informed you that we would not pay for any additional rock for service lines. Apparently, you received my reply because in your letter to Roy Bingman of November 29, 1972, you committed yourself to repair the service lines with your statement that "We will make the lines right even if we have to dig the ser- vice lines up and put rock in at our own expense". Concerning the use of a television camera to locate the infiltration between MH11 and MH13, I informed you in the same October 22, 1972, phone call that Bob Weis of Weis Plumbing and Heating had agreed to pay for the television set-up if it were found that he was at fault. At that time, you did not request a follow up letter, so none was sent. At this time, please find attached, a letter from Bob Weis agreeing to participate in the TV set-up. I hope this clears things up so that you can send the necessary letter to Mr. Bingman as soon as possible. Very truly yours, Gary Bever Land Development Supervisor mes cc: Dave Clarkson Roy Bingman Enclosure JOHN R P WHEELER REALTOR - MEM HER AMER'ICAI� INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY O, REAL E-,TATE C:OI'NC _ORS NATIONAL ASSOc.IATION OF REAL ESTATE BOARDS March S, 1973. Mr. Gary Bever, Wheeler fealty Co., 1331 8th Ave., Greeley, Colorado 30631. Dear Cary, Thank you for your letter of February 19, 1973. My letter to Roy Bingman was written under good faith in Wheeler Realty. I felt by talking with you -Wheeler warted to have a good jab, but a contractor can not do good work without cooperatioa fr= the owner. .4e want to do good work and I knm Wheeler wants to build a good reputation of having good -work. But when Wheeler will not pay for good work such as paying for rock in unstable conditions they will not get a good sewer system. Wheeler has asked for far too much out of Leach and Arnold. '%,each and Arnold do the job at leach and Arnold's expense and Wheeler reap c%e dividends." Our contract read 'that k'heeler would pay for rock: by the ft. where needed.' And from what exists you can see that rock was needed under all sewer pipe. Your sewer system at Brown Farm is a very good system. It was no easy task to get a good system for you. Sincerely, LEACH & ARNOLD MMINEERING & CONSTRUCTION, INC. Royal Goshorn RG: ma c.c. to Mr. Roy Bingman, City Engineer, City of Fort Collins WHEELER REALTY C01�1�ANY 1331 8TH AVENUE PHONE 1303) 356-1331 GREELEY, COLORADO 80631 April 23, 1973 Mr. Robert Brunton City Manager City Hall Fort Collins, Colorado 8Q521 Dear Mr. Brunton: Please find enclosed -a copy of our Preliminary Master Plan for the Brown Farm subdivision. Presently we are completing the development of our first filing (outlined in red) and beginning to plan a second filing immediately,south of the first. Recently, we obtained an option on an additional 100 acres of land immediately south and west of our initial land purchase (see inset). At this time, we would ask that the City review and comment on the possible future annexa- tion of this property. If we can be of assistance or answer any questions concerning either the Brown Farm or this additional piece of ground, please feel free to co tact myself or Gary Bever. ery truly yours, David G. Clarkson /mes cc: Roy Bingman� Enclosure JOHN R P. WHEELER. REALTOR MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS • AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS i �WWHEELER REALTY COMPANY 1331 EITH AVENUE PHONE 1303) 356-1331 GREELEY. COLORADO 80631 May 9, 1973 Mr.. Roy Bingman Director of Community Development 301) LaPorte Fort Collins, Colorado 80521 Dear Roy: This letter is to inform you of our recent purchase of Pleasant Valley Lake Canal laterals 82 and 84 that run under Taft Hill Road just north of Blevens Junior High School. As part of our Taft Hill Road paving pro- ject, we have filled in these two laterals, thus rendering them inoperable in the future. Very truly yours, ar Bever Land Development Supervisor /mes JOHN R. P. WHEELER. REALTOR MEMBER AMER!CAN INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS VV7*T F=R J'ALTY' CC31Vi�AN' 1331 UT, AVENUE PHONE 13031 356.1331 GREELEY. COLORAOO 80631 July 5, 1973 .,r. Robert L. Brunton City Manager City of Fort Collins Fort Collins, Colorado 80521 Re: Brown Farm Subdivision Dear Mr.. Brunton: JJ! 1,Y13 'I CITY MANAGER This letter is to review our meeting of June 27th. It is our understanding from this meeting that the ad- ministration of the City of Fort Collins would prefer locatinc, an approxi:.qate 8-acre park site adjacent to the Blevins Junior High School as opposed to the 16-acre park sitte which vas originally set forth in the Brown Farm master plan. As we discussed, we are very willing to cooperate with the City in resolving the park location; and both we, as developers, and the City administration recognize the responsibility we have to consider the people who are already living in the Brown Farm in that many of the p:-ople -there have anticipated a park site being developed ac.cordi;zg to the original master plan. It is our under- stzndirg that you will have a meeting of the interested zt:-ighborhood residents at Blevins Junior High to inform thee.: o. your proposed change in the park site location. Aga-:n, let me e-mphasize that we are anxious to work with t.ne City in the early solution to the park site develop- ment. During our meeting, we also talked about the possible development of an additional 100 acres located to the south- w1=st of the -own Farm. As we discussed at that meeting, we have an o,,`.ion on this property and feel that it would be desirahle rom a planning standpoint to annex this prop- erty and tie it in with the overall master plan of the Brown Farm. We understand that the City has some reservations about %,het'-.er or rot_ the rressure in the City water system is ade- quate to handle this property and that you were going to .:UHN R P WHEELER. RFA!_TOF? - MEM3ER - A.1ER'_A INSTITUTE OF REAL ESTATE APPRAISERS . AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIO`.A_ ASSJ=CATION OF'REAL ESTATE EIOAROS November 9, 1971 Veterans Administration Denver Colorado Gentlemen: The utilities for Brown Farm Subdivision, First Filing, within the City of Fort Collins, which includes water lines, sewer lines, curb, gutter and sidewalk, paved streets, and storm drainage facilities, are inspected during construction and upon completion are accepted by the City for continuous maintenance. Sincerely, Roy A. Bingman City Engineer RAB/lms jJr. Robert L. Erurten "..ge 2 ,-ily 5, 1973 explore wit'- your T,,ater dez)artment whether or not you would be able to service property with water or if we, as cl-velcpers, s^ould -prcceed to negotiate with the water dis- r_ict ir_ 'is area, :<.o are apparently equipped to supply water. ti•ie are a xic-as to resolve both of these problems and would appreciatea response at your earliest convenience. Very truly yours, 7/= ER REALTY COMPANY David G. Clarkson Vice President DGC/mes CONINIKECIAI. -- PF: IDE:SCE -- LAND AND INVESTMFNT PROPFRTIFS - REAL,TORS ANTI BUILDERS - WE: TRADE Vgr r WHEELER REALTY CO. P. 0. Box 2222 July 31, 1973 Fort Collins, Colorado 80521 PHONE 484-6720 Mr. Roy Bingman Director of Community Development 300 La Porte Avenue Fort Collins, Colorado 80521 Dear Roy: Regarding the drainage problem in Corriedale Drive on the Brown Farm that you, Fritz Jackson, and I discussed this morning, we would now like to propose the following solution to the City. Install an additional 21" drainage line at approximately a 2.2, grade next to the one in place at this time. Remove approximately 10 feet of drive -over curb, gutter, and sidewalk and install one 4-grate, catch basin and sidewalk with the two 21'' pipes hooked into the side. The 4-grates will be in a single line, paralleling the flow line, all with side openings for maximum water flow. This is not the square configuration that would protrude into the street that we discussed. We feel the increased flow we will gain with the additional side openings is the better way to go. If you agree with this approach, please sign this letter and return it to me for our files. Very truly yours, Gary Bever Land Development Supervisor GB/djr Approve By:_ Date : XZ THE \. �_jl/' ✓V...j7 /V4✓i �� i� 'k,,.�``.. =T :ALTY C0M1PAN' 1. - ! BTH AVENUE PHONE 13031 356-1331 Kr. Bob Brunton, City City of Fort Collins Fort Collins, Colorado Dear Mr.. Brunton: GREELEY. COLORADO 80631 August 8, 1973 Manager 80521 Re: Brown Farm Park Site As we discussed in our meeting of last Friday, it is still our desire to see the park site developed according to the original master plan approved by the City of Fort Collins. At that meeting, you explained to me that because of the desire on the part of the City to develop a park in co -junction with the junior high school's recreational faci- lities, that you would prefer purchasing the approximate 6�', acres located immediately north of the junior high school and fronting on the extension of Hampshire Street. You further stated that representatives of the City would meet with the area residents to explain your various reasons for relocation of the park_. Even though we prefer the original location, we feel obligated to conform to your wishes and will be willing to sel'.. the new park site on the following basis: Subject to the City of Fort Collins approving the final plat of the second :filing, we .•:ould sell the approximate 63� acres shown on the attached map. The sale price would be $47,500. Wheeler Realty Company would install and pay the cost of curb, gutter, streets, and water and sewer mains in the street to the west of the park site. There are approximately 150 families living in the Brown Farm as of this time and by next spring we would expect there ., Duld be between 250 and 300 families living in the area. We v,c)uld, therefore, hope that a decision on which the park site is going to be acquired be made and that plans for the develop- ment of the park site be initiated -so that the park could be developed by the spring of 174.� Very,'t7G.61ark yours,�,V`'id �; r Z- Lce President I DGC/me s JOHN R. P. WHEELER. REALTOR - MEMBER - AmERICA', i. ...-E of REAI, ESTATE APPRAISERS NATIONA'_=,»OCIATION OF PEAL ESTATE BOARDS AMERICAN SOCIETQC� R)AL EifATE��CbL'M1L7L'D'f7 --- ::tea_-_, -• — .____ _: .,,�, __._____., � ! -'i i _ � �_> i •� � � r� i ^ ./ -!/ -. ' y��: /. ice,_-.�-'� .� ��-- �:�� '�-_ t D r> � l � � '�_•,�, :�.^ r �/_ ram. _ \ }'� ` _ �--� �x _ • '� � "''.'_� ry J L t \ � �, 7'. � � { / � � Wit_ !� J' : �\ � ,... .`� _ � } -�� -. - f\ t �`, l 'tea � S. \ / � �,.,. -;!•' � \ �� ?- f! ( , i( +, .1VArf e40 lForllr' Post Office lox Fort Collins, Colo-c-o Au'aust 29, 1973 To the Residents c= _:.e _ -. y division: Telephone 303 48•4220 In February, 19 1 , 7t-=c-_-.--- --s t-er plan for the entire Brown Farm devel- o ;sent locat�d c: _. of Pros-pect Road and Taft Hill Road was su',;;ii.tted to the - =- `- et n s ,.ere held after which Unit 1 was [)pro%,cd. In ti: _ _ .-._.. _ lan, Greenbelt and park areas here sho�m for the _- : =---- =d :recreation personnel were never con - U1teCI about tr:'_:� = _: approval given by the City to acquir% this properv., rC" .-.at 7Y-'r7 ,Se. 'Ihe City re•coJni_es t-- _e =' orhood parks. The problem in this area is so;: e ;hat less .. clubhouse that will be owned by the ilc :e- o,,•."riers' Associaticn. :nas been to acquire property adjacent to schools so it co__� t e school and commiirtity. We have been netrotiatint -=-)an;- to acquire the property iimiediately north of Ble", ir_s icr J =.=cl = lieu of the proposed park site in the Bro;,m Far;a subdi •; si cn _��- = =__ location would better serve all people in the area. So:-o _ �'_` , c,l" ='=_-=' n in the iaesterly part of the subdivision. v,e would like to co-sider `..___ - elt as a semi -pedestrian way that would eventually conned ___il. Eefore nroceedin a _ur :_ i._ _.e_o=iations with 1,1heeler Realty, we would like to have }'our 1�-,,:s r_d r c.__ _ _. Therefore, we are holding a public eting on "luesc_:.. , e to -per �,� -�-�, 7:30 p,m,, in the City Council Ch�unbers, 300 LaPorte :'.:er.:e. _- _ ___ =-sted in discussing this raattcr with us, please attend t:is __._- _ _ cinnot attend but have comments, please Director, Bill Kane, City Planner, er my office. Sincerely, Hobert L, Brunton Citv Manager Director Bill k:�n•., C� '---=_�- RESIDIiN`I'S OF TH7 BRC I',N F.-`•.P" SUBDI,.'ISION: Gary Osborn, 103 Dorset br, Charles Miller, 1990 Dorset Dr. Joseph E. Haralson, 1984 Dorset Dr. Ann Henni<<h, 1966 Dorset Dr. Alan Irwin, 2319 Dorset Ct. Richard A. Perkins, 1972 Dorset Ct. Thomas Chambers, 2217 W. Elizabeth Wheeler Realty Co., 520 S. College Ave. Terry A Sandmann, 2107 E. Stuart Charles B. Long, 2113 E. Stuart St. Wesley C. Nelson, 2207 W. Stuart St. Joseph L. Potthoff, 2213 Stuart Benjamin Reed, 617 Cornell Ave. Milton Vaughn, 10 Royal Place Circle, Odessa, TX 79760 Russell L. Wieland, 2231 W. Stuart St. David Elmer Blanchar, 301 Spaulding Ln. George J. Bransco i, 3027 Su::Lac James Robbins, 2249 W. Stuart St. Richard C. Winters, 2255 Stuart St. Lion Homes, Inc., 1811 B. Street, Colorado Springs, CO 80906 William L. Rogers, 2267 W. Stuart St. Cecil Boswell, 2000 Hampshire Rd. Patrick E. Hooker, 1936 Dorset Dr. 0 ' 3 , 1 17.3 Dino Qrcwi Farm %uAa Dwner�7 tAn 104 of Sapliovar 1970, 1 met with Mr. WKI 1 )1 , V02 Pro;' lank,i the ",.all._, Rialty Gualiny. ld 1 n - 1 21 i � 13 lir� 4CUS040 Y,g�njjn- Lit vF too 73w;rov,r&y nirrcuidiiq z"n loss of th2 nonever, thn nnoW3 Aas not Q productiva one. Mr. Clarkson and 1 discussad the possibility of tha 3rown Farm 01icatinj the oark lard ni thy city and also the possibilit; ol the Drowi T;v, deading the open space to somaone, Possibly t0 3r7yn Yarm Aoie Nnars Azsociation. Both uf these alter- riiivsi c-r3 to 0. Q`v�nnn. As a mattar of Nc:, An siand inin nier, nas W ",i0lilitY Of 00sr alvar- cillia hving aacapni vy t"; Brown Form. Nr. Clarnsan furzAar 3tstid he had tho power ti tikq.wn�tever action nicenvary to wistia the cantravarsy, After Hr. CUrkson diWvind Lie firsi- Na alternativis, the only remaining alternativo was for the Brown Form ta pay the Aime Owners money damages. As he had Plicatod to you, Ar. Clarkson was thinking in terms of paying ei:h of you approximately S210.03 or 7"ving you fro -a member - s)lp in Qn "club" to be built. i DAplained to W. Clarksoi,, Wat anch oF you would hi WAning in tnrms of much more monay tjr sipply 2200,01, At thil paiit, Or. slarkson zclail: ed uas wa 4arn miles in in cur nag,flab on and Ands a hasty daparturs. 1z way a2raed banneen 7r. Clarkoon in! myself that "4sro wir:! onil ai ovallabla to v7soss W da`lag av ta 4ha marhQt YiVo, n�r 4ma3 an VI r:iVc nf 0; ins; of the Pa0. sai TwWor 0310 no was qialif0d to waka such an aa3lisaent; � 11vPr, : !Iallp?d to 0&2r 7-j �, -IsKon as to -�I: 4, 0.114; 00 �Ilngls K34n 33. At 01. aims, this lirm i. ann- tai!03 Wn� ajanclas and personi in In attMpt W IWIt! , , —'s :5) all i to able to v:curvtaly assess yiur dannqs3. 1011joing Qnss P�Psons, A, 041 be in touch with ya Iju in idna as to the expense that will h2 iscucrej. -;Ih best personal rajirds. .1 Vary truly'yours Ray 1. Trear 30ort acin:in, City Wager Post Office Box 580 Fort Collins, Colorado 80521 May 20, 1974 Fritz Jackson Wheeler Realty 530 S. College Avenue Fort Collins, Colorado 80521 Dear Sir: This letter is to guarantee that the City of Fort Collins will not, in the future, appreciably raise the elevation of Shields Street in the area south of Prospect Street and north of Suffolks Street. The City does reserve the right to Lake local changes in elevation to provide a smooth slope where ever possible. However, these changes would not be more than approximately one-half foot. Backwater from the proposed detention basin .i Brown Farm Subdivision would be considered in the event of any changes in grades on Shields, no matter how slight. If you have any further questions please contact this office. Sincerely, Donald M. Parsons City Engineer DMP/ts 4� WHEELER REALTY comr-3ANY 1331 BTH AVENUE PHONE 1303) 356-1331 GREELEY. COLORADO 80631 August 15, 1974 Mr. Roy A. Bingman Director of Community Development City of Fort Collins P. 0. Box 580 Fort Collins, Colorado 80521 Dear Mr. Bingman: This is in response to your letter dated August 7, 1974, regarding the detention pond at the northeast corner of the Brown Farm Development. It :is our intention to proceed with the construction of the detention pond as soon as possible. If you have any questions, please contact me. Sincerely, WHEELER REALTY COMPANY 4ju k" 1\ 17-1�k-'-'I'��' Fred L. 'Jackson FLJ/kh JOHN R. P. WHEELER. REALTOR - MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS f Post Office flax 580 Fort Collins. Colorado 80521 August 21, 1974 Mr. F. W. Michael Michael Leasing First National Tower Building Fort Collins, Colorado 80521 Dear Mr. Michael: Telephone 303 484.4220 I have written the Brown Farm developers regarding the drainage situation at Taft Hill Road and Prospect which we discussed. They have written back to say that they will proceed with construction of the storm water detention pond at the northeast corner of their development as soon as possible. This snould Help resolve the siltation problem and difficulties with increased runoff rate. Sincerely, (� c3u.4...� Roy A. ingman Director of Community Development RAB:ke P . O . Box 580 300 West LaPorte Avenue Fort Collins, Colorado Telephone 303 484-4220 80521 February 4, 1972 Red Lion Homes 6263 South Krameria Englewood, Colorado 80110 Gentlemen: I have been advised that five homes on the Brown Farm, for which building permits were issued to your. company, are now connected to the sewer and water system of the City of Fort Collins. Kindly be advised that no sewer or water permit has been issued for these five homes and neither has the repay agreement for the water main in Taft Hill Road been satisfied. In light of the above, no further permits will be issued to you Or on the Brown Farm until the above has been corrected and no Certificates of Occupancy will be issued on the houses presently under construction. Sincerely, Charles L4quin Director of Public Works CL/lms cc: Gordon Clyde, Building Inspection Wh.eeler Realty TIME CENTER OF THE WORLD Post Office Box 580 Fort Collins, Colorado 80521 October 74, 1.974 Wheeler Realty Comp,iny Box 2?2 F'o.rt Collins, Col.orrado Attn: Fred L. J3ck^on Dear Fritz: h �{', P ,+ •*tom^' -.r .,.,._, Telephone 303 484-4220 This letter_ is to infonn you of items which need correction ;A Brown Farm Ist and Uro•,-n Farm Ind. At Rrown Farm 1. Heed.inrt,,l.lati.on of open storm drain on north end of property. 7. Raise m,inhole north of Corriedale Drive where Brown Firm lst connects to existing sanitary sewer. 3. Clean nrmhol.e on Suffolk Ct. 4. Co.mpl.ete north end of Hampshire to property line. At Brown Farm Ind 1. Comp.l.ete island on Hampshire. ?. Provide dr-iin oc on south end of Hampshire. 3. Correct =ickinc_i asphalt on Panama Ct. 4. C1e-in and c1r_out manholes and clean valves if needed. 5. R--iisc :.any manholes and valves if riot yet raised. 6. Need street signs If there are any questions, please contact me. Sincerely, ,Jo Ecch�r Construction Inspector_' c JE/cs i E R (.; F 1 11 E V/ (.) k! S- ;t GenorolOW., Lirsl Nolional Tower (Bldg. i. .tr I a 215 W. Oak PHONE 34-9229 ac ii �ts0 a c, t.�,.F. lip - E. s �.»� r' L :� �n lNa Please Addreas Ryly Tc'>: l.iichacl L c•asinrl, Inc. - P.O_ Cox 1932 - Fort Collins, Colorodo 80521 November 1, 1974 Mr. David Clarkson, Vice President Wheeler Realty Co. Greeley, Colorado 80631 Dear Mr. Clarkson: The Sonoran View Estates property located across Taft Hill Road from the Brown harm has been owned by the writer or one of his companies for nearly twenty years. When the property was acquired there was on existing drainage tile through the property. This the was subsequently opened into fish ponds for recreational use. This change in use did not change or convert the drainage system into a public drainage way. Your firm's abuse of this property by draining and pumping silt and other contaminates into the fish ponds is well known and has been publicly documented. We have been advised that it is your intention to build a retaining pond on your property and subsequently release your drainage water into our fish ponds. This is to advise you that we will not accept your drainage water and if you persist in your plans we will erect a dike to dam your drainage water and protect our property. Yours very truly, F. 1V. Michael F %rM/ j dp c.c. Fort Collins City Planner Alden T. lH 11 PASSENGER CAR AND TRUCK LEASING (Ali Makes) 215 West Oak Street Phone 484-9229 AGRICULTURAL, CONSTRUCTION AND INDUSTRIAL EQUIPMENT LFASING (All Makes) 1314 North College Ave. Phone 484-4960 ?day 20, 1975 it. .Arthur E. "larch Jr., City Attorney City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 Dear Arthur: To explain our position regarding; the drainage from the Brown Farm onto our property, a brief review of the history of this area would probably aid all parties in developing a mutual understanding; of the problem. When I first purchased this property there was no surface drainage through the property. The Ara nci Farm to the north was higher than the Prospect Road Aname and the drainage went north to the stream that flows through Avery Park. There was no drainage from the brown Farm because it was all in agricultural use and all of the precipitation percolated into the soil. At that time the drainage system through my property was an underground tile that carried underground water except for a short stretch that was opened for stock watering. Ibis system has been described and identV. ified by court decree as the Kichael the and draina e system ..and specifically states that this system "is not a part of a natural stream nor is said water collected by said drai w age a tributary of any natural stream". Ile water carried in this systems flows twelve months of the -year at a constant flow at a. zenporat.ure of sixty decrees. These characteristics prove that this system is spring fed. When Dr. Jowaru Tanner w,—i s at Colorado State University, he studied this system and the quality and temperature nr the water, He determined that the environment was ,)r7• ect for W rearing of trout. S111.;sti:quently, 1 openort this systom and created sorer ponds for recreational use. We contend that this in no way converted the system to a legal drainageway for adjoining property owners. In spite of our position the City installed a drainage culvert under Prospect Road to acce!;'nane land developers to the north. Inccse land dovelop r s chnnycd the contours of the land so soma drainage was reversed to flow soitth. !ten the County installed a drainage culvert under Taft Hill. Iand to accomodate devclopers to the: west. All of this Has done in defifhnco of my wishes and protests. Vhcn 'the Wheeler ConWany started working; on the Brown Fart' they actually Ball"fl,z):,d rnud(ly, 04 laden water into our trout ponds. When I protested thug agreed to 'stogy. Than for two days,, they del nerate3y continnud to pump silt into the ponds killing all of the fish. At that point l threatened to con- Page 2 st.ruct a dihe to prevent further drainage and damage to the trout ponds. About that time one of the property owners in Sonoran View, Mr. Sanford 3. Thayer, brought legal action against Wheeler Realty for damage that he had incurred. Disregarding the unpleasant past history, the present proposed solu- tion of containment of the flood waters on the ':heeler property is not acceptable because the runoff from streets and cutters contain many contami- nants such as hydrocarbons that are injurious to fish. L,'lese contami"ants cannot be removed by containment. Also the process of containing the water would raise the temperature of the water above the tolerance limits for trout. The result of all of this is that we cannot accept Seeler's slater. besides my oitn interests, seven other property owners have trout ponds in Sonoran View and there is no tray that I will ever convince them that they should lot. ; hecie;r Realty or any one else drain noxious water into their trout ponds. We are probably somewhat prejudiced by the wrong doings of the li�heeler Cor:;pany, but I have tried to keep an open mind and have tried to find a solution. l.as-.ever, at this point I have been unable to devise a solution. The only suggc-stion that I could offer is that I unil Wheeler, a right away or casement to construct an undor^round storm sewer drainage to the M-_>rcer Ditch. This would involve two complications: ibis part of the sub- division has not been platted and it would require some study in that res- pect, and this area is one of many that the City is considering for a fire station location. Any supgesti-ons that you or the members of the City Administration may have will be sincerely appreciated. Yours very truly, F. W. 'Michael PWFV j dp c. c. Alden T. Bill �L£,s .LJ'LOf�flilll£LL£2 ATTORNEY AT LAW SUITE 500 GREELEY NATIONAL PLAZA P.O. BOX 1955 GREELEY, COLORADO 80631 356-6464 September 10, 1975 Mr. Arthur E. March, Jr. March, March and Sullivan 310 United Bank Building Fort Collins, Colorado 80521 Dear Mr. March: Please excuse my failure to forward this letter and the accompanying documents to you more rapidly, but I simply have not found a quiet time to review what needs to be done with reference to the Brown Farm Homeowners Association. As you may or may not know, on September 3rd, I along with Dave Clarkson of Wheeler Realty meet with Mr. Brunton, Mr. Bingman and Mr. Knight concerning the proposed dissolution of the Brown Farm Homeowners Association and the following agreement developed out of that meeting. For purposes of clarity, I have enclosed maps of the plat of the Brown Farm First Filing common area and Brown Farm Second Filing and I will attempt to discuss the elements of the agreement by starting on the north side of the property and moving first east, then south, and then west, and then returning to the north side of the area of the property affected. The first agreement to be reached was that the City of Fort Collins presently has an undefined drainage easement within those properties referred to as Tracts I, J, F, and B of the Brown Farm First Filing common area. It was agreed that the City of Fort Collins was presently in the process of defining the nature and width of that drainage easement and upon completion of that task and submission of the legal description to your office that the Brown Farm Homeowners Association would convey that property, either by Warranty Deed or by dedication, to the City of Fort Coll -ins. It was understood that the City would agree to low level maintenance of that drainage easement. Secondly, as I understand it, the City of Fort Collins presently has a 20 to 30 foot easement for a bike path in those same Tracts identified above and it was agreed that in return for additional property Mr. March September 10, 1975 page 2 being conveyed by the Homeowners Association that the City would vacate that easement to the Homeowners Association. Although this was not a topic of discussion at the September 3rd meeting, later discussion with representatives of the Homeowners Assoication indicated that if the City had any interest in the entire 80 foot strip that the Association would be amendable to conveying that entire strip to the City for whatever future purposes the City might find were necessary. With respect to the northern boundary of the Brown Farm First Filing, then I think additional action can only be taken once your office is furnished with a description of the width of the present drainage easement and a decision is made as to whether additional footage will be required by the City and I will await notification from you on that point. Proceeding to the eastern boundary of the Brown Farm First Filing on September 3rd it was agreed that the City of Fort Collins would accept either a dedication or Warranty Deed of the area that presently adjoins Taft Hill Road and is identitied as Tract A on the plat of the Brown Farm First Filing. It was also agreed that Wheeler Realty would replace an asphalt path that presently exists with a concrete sidewalk and I am unable to remember the exact dimension of the sidewalk but I think that matter can be cleared up between Mr. Bingman and Mr. Clarkson. It was also understood that the City would accept the responsibility for maintenance of the Tract A area. Accordingly, all that remains here is a decision on your part whether the City desires to take title by dedication or by Warranty Deed and the instrument needs to be prepared. Turning to the southern boundary of the Brown Farm First Filing, it was agreed that Tracts E and H of the Brown Farm First Filing common areas would be conveyed to the City in exchange for two concessions. The first concession being that no bicycle path would be located in the Tracts being conveyed to the City. The second concession was the fact that the City would vacate a previously existing easement on the northern portion of the Brown Farm First Filing. Again, as I perceive it, the only action remaining is what sort of conveying instrument the City of Fort Collins needs for those Tracts and the preparation of that instrument. Turning to the western boundary of the Plat of the Brown Farm First Filing, it becomes necessary to make reference to both that Plat and the Brown Farm Second Filing Plat. As I understand it, the Brown Farm Homeowners Association presently owns a 20 foot area which I have indicated in red on the Brown Farm Second Filing Mr. March September 10, 1975 page 3 which proceeds in a northwesterly direction to a point where it intersects Tract: C of the Brown Farm Second Filing. If I understand the September 3rd meeting, that 20 foot strip will also be conveyed either by Warranty Deed or dedication to the City of Fort Collins for a continuation of the bike path that is being constructed in the Blevins Park area. Perhaps this is a point that should be clarified with Mr. Bingman before any additional instrument is prepared. This, then, completes all transactions between the Brown Farm Homeowners Association and the City of Fort Collins. With respect to internal properties of the Association, arrangements are being made to deed property to individual property owners or form a subsequent entity to hold title to interior pieces of property. It is also my understanding that Wheeler Realty will provide additional properties to the City of Fort Collins in order to complete the bike path as it proceeds in a westerly direction after coming through Blevins Park and the new areas that the City is acquiring from the Association. However, it is my feeling that the additional property that is to be provided by Wheeler Realty was not completely defined at the September 3rd meeting and that Mr. Bingman and Mr. Clarkson and Mr. Knight had agreed to meet once more and finalize the exact location of the Wheeler properties involved so that, an exact legal description could be prepared and the appropriate instrument of conveyance could be created. I guess what this long recitation of facts leads up to is that the next step is yours in determining what sort of conveying instruments you will require and whether you feel the present legal descriptions that appear on the Plats will be sufficient for purposes of description. I would also assume that you would prefer to draft these instruments of conveyance or, in the alternative, provide me with the necessary background information as to what you feel is necessary so that I might prepare them. Please be assured that I am not trying to dump the preparation job in your lap but it is my thought that it might save duplication of effort if you were to prepare them, conceding the fact that no additional information is necessary. Please let me know what further assistance I may provide in order to bring about the actual conveyances of property. Naturally, I would be more than happy to attempt to answer any questions that this lengthly letter has created. Very truly yours, Glen Droegemueller GD/are cc: Mr. Brunton., Mr. Bingman, Mr. Clarkson and Mr. Knight WHEELER REA:.�TY COMPANY 1331 6TH AVENUE PHONE 4303, 358.1331 GREELEY. COLORADO 60631 September 16, 1975 Mr. Arthur E. March, Jr. March,. March and 310 United Bank Building Fort Collins, Colorado 80521 Dear Mr. March: Recently,, representatives of the City of Fort Collins requested permission to proceed with the necessary excavation work and grading, as well as paving, of the bike path that is to be installed in the Brown Farm area. As you know, there are certain common areas that presently have not been dedicated to the City by the dissolving Homeowners Association and there are additional pieces of property that are being utilized that are presently owned by Wheeler Realty. This letter is to give the City of'Fort Collins express permission to enter the common area known as Tract E Brown Farm First Filing and Tract C as that tract parallels an existing sanitary sewer easement to the western property line of Brown Farm. In addition, you have the express permission of Wheeler Realty to enter on the northerly ten (10) feet of Lot 7. Brown Far^; Second Filing for the purposes outlined above. If further cooperation is needed from this office, please do not hesitate to call. Verytruly yours, WHEELER RE TY COMPANY ��/ David G. Clarkson Vice -President DGC/kh cc: Ted Borstad JOHN R. P. WHEELER. REALTOR - MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS rMOTANDIDI TO: A. H. Mlarch Jr., City Attorney FROM: Lloyd G. Mchaughlin, Department of Engineering Services HE, P,rown Bairn BLcycle-Pedestrian Acquisition. DATE: October 3, 1975 Please find attached the nlnn for the bicycle -pedestrian path through the Brown Farm. y are descriptions f particular l to Also ,11 taci�ed 1: c� Lie d..scripti no o_ r �r i cut ar sections of t� ic; path that will r;e r reC�Ulri'd IOY d"-C:Ctin4i purposes&I; CI the nt.CC; '.r:'% �)-i-atS for reference. Beginning at the west side of Hampshire Rand it was understood by Terrill TTniglit, PlannInV Drpnlrtw-rit, aad 1Cd Eorstnd, Design Engineer, i:ha.t the City wns to WaY, both the 20- foW common , , i p ad j o ini n; the sonh edge of tilt' Brown Far1S t Filing, and the 20. oot c C-7':"on sLylp rj,WnE Me noub edge Q the Brown Earn 2nd Fj l in _[ for a total widLh of 49 `._w . This 0-foot strip would include all of Tract H, Brown FarI17 1st 7'Lling, and that portion of Trnct A, Brown Farlll 2nd Filing attached as Description No. 1. It in n�cessnry to ohni.n the entire 40-foot strip degc0 ud, the path has buen constructed and meanders within the 40-foot width. Proceeding west, thn nest dedication. si,a-ll be the north 10-feet of lot 7, block 1, Brown Farm, Second Piliny, as an easement. Proccedjoy from the West R.O.W. line of Stuart Street the next descriptioa is that portion of Troct C, Brown ?Farm., Second Filing attached as Description. No. 2. The final leg of t 2 bicycle path is attached as Description No. 3. 1 must apologize for any inconvenience caused by not having these items available at our meeting of Suptvmber 2, 1975. Should there be further questions or comment concerning this matter please contact me. Enclosures cc: Roy A. hingman, Director of Engineering Services Terrill Knight, Planai,Ig Department LEGAL DJ:SCUP`l'TON OF A bicycle pedestrian Right -of-% located in the north 1/2 of Section 21, TV, R69W, of the 6th P.A., harimer County, Colorado, being more particularly described as the following parcels: Considerinr On east line of the `E 1/2 of said Section 21 as beariag N 00' 09' 00" 1; and with ail bearings coatained herein relative tnereto: 1. That portion of Tract A, Brown Second Filing, described as follows: Commencing at the NY corner of Lot 26, Block 6, of the. Brown Farm, Second Filing, located in said Section 21: thence N 80' 49' W, 63.24 feet, thence N BY 28' W, 180.06 feet, thence S 60' 32' W, 341.78 feet, thence S 27' 33' W, 184.85 feet, thence S 89' 09' 18" 0, 69.82 fact, thence N 10' 00' W, 12.80 feet, thence S 61' 23' 53" E, 20 feet, thence N 27' 36' E, 199.00 feet, thence N 60' 32' E, 354.00 feet, thence S 840 28' A, 137.00 feet, thence S 80' 49' Imo, 60-98 feet, thence S 23' 29' 09" W, 20.60 feat, to the True Point of Beginning. 2. Commenc.inr at the most easterly corner of Tract "C" of the Brown Farm, Second Filing, located in said Section 21, thence S 31' 16' 51" W, 20.02 feet, thence N 61' 23' 53" W, 771..82 feet, to the, most northerl.y corner o;: Lot 20, Brown Farm, Second Filing, thence S 35' 13' 0, 77.45 feet, thence N 80' 35' W, 22.21 feet, thence N 35° 13' E, 1.04.93 fee;:, thence. S 61' 23' 53" E, 790.56 feet, to the True Point of Beginning; said tract of land containing 0.40 acres, more or less. 3. A 30-foot wide peruniont bicycle --pedestrian right-of-way Located in the NW 1/4 of Section 21, M , R69W, of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Commencing at thn most northerly corner of Lot 19, Block 8, of the Brown Farm Second Filing, located in said Section 21: thence S 35' 13' W, 99.66 feet to the True Point of Beginning of the center line of said easement, thence N 80' 35' W, 469.53 feet, thence S 63' 15' E, 529.41 feet, to the point of terminus on the west line of the east_ half of the northwest quarter of said Section 21, which is the west property line. TO Roy Bingman, City Engineer FROM: Ed Hilgenberg, Supt. of Water & Sewer Dept. RE Brown Farm Sewer System DATE: August 28, 1972 %nclosed is a copy of a memo that I received from Sob Zakely and Manuel "erbel concerning infiltration and other items on the sewer lines at the Brown Farm. When the contractor had installed all the sewer mains and services in this subdivision, the infiltration met the requirements of the city, but as you can see after reading the memo of the inspectors that something has happened since completion and connections to the existing stubs are concerned. I believe that the developer should be notified at once that the repairs need to be made that are shown on the enclosed map. If there are any questions, feel free to call or have the developer call and we will be glad to discuss the problem with them. Very truly yours, !�d Hilgenberg Supt. of Water & Sewer Dept. Eli: djs Enc. Post Office Box 580 Telephone 303 484-4220 Fort Collins, Colorado 80521 October 30, 197S Sterling Companies 11.0. Box 759 Fort Collins, Colorado 80521 Attn: Gordon II. Johnson Dear Sir: You are hereby authorized to proceed with the construction of the bicycle- pedestri,ui bridge at 13r-own Farm for the lump sum cost of $2,850.00 as per your quotation of October 30, 1975. Please notify our office when you can begin work so we can have the location staked." Sincerely, Donald M. Parsons City Engineer DNIP:'1B:cs Post office Box 580 Fort Collins, Colorado 80521 October 29, 1975 Dale Shreve Lord and Associates P.O. Box 335 Boudler, Colorado 80302 RE: Replat of 'Tract G Brown Farm lst Filing To Whom It May Concern: Telephone 303 484-4220 The street improvements, water lines, sewer lines, and subsurface drainage facilities in the above subdivision will all be maintained by the City of Fort Collins after they have been completed and accepted by the City. � �. , , ter'• ' /j%,' � %j�f,a�,', ,;< \, Donald M. Parsons. City Engineer DMP:cs General Offices j First National Tower e16. ]RT�R lj It "—A 215 W. Ook • PHONE 484-9229 IC H A E L L E PS 1 G INC. Please Address Reply ToMichael Leasing, Inc. - P.O. Box 1982 - Fort Collins, Colorado 80522 November 4, 1975 Mr. Robert L. Brunton, City Manager City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80521 Dear Mr. Brunton: The enclosed letter dated May 20, 1975, will indicate the purpose of, and the reason for this letter. Since this letter of May 20, 1975, was written, our property located at the corner of West Prospect and Taft Hill Road and east of the Brown Farm Development, has incurred additional damage from the run off waters from the Brown Farm. We have documented these flooding, damaging, conditions with photographic evidence. The Wheeler Development Company has caused much damage and they have been advised that their run off water cannot be accepted. The attached letter describes the circumstances that make this affluent unacceptable. The other property owners in Sonoran View Estates are also strenuously opposed to accepting the noxious run off from the Brown Farm Development. Your attention is directed to the second paragraph of the attached letter and to the enclosed copy of a decree dated September 10, 1953, relating to this drainage system. The decree dating back to 1919 clearly describes this system as an underground drainage system and states specifically, and decrees that this "drainage area is not part of any natural stream, nor is said water collected by such drainage a tributary of any natural stream". All of our previous communications have emphasized a willing- ness on our part to negotiate a solution to this problem. however, the hlieeler Company has indicated very little, if any, desire to communicate. The property has already suffered substantial damage. In an attempt to avoid further damage we have negotiated an agreement with the Bath Excavating Company to construct a dike to protect our properties from the run off waters from the Brown Farm. PASSENGER CAR AND TRUCK LEASING (AIL Makes) 215 West Oak Street Phone 484-9229 AGRICULTURAL, CONSTRUCTION AND INDUSTRIAL EQUIPMENT LEASING (All Makes) 1314 North College Awe. Phone 484-4960 Mr. Robert L. Brunton November. 4, 1975 Page 2 Copics of this letter are being sent to all interested parties. Anyone whe has any objections to this action is invited to communicate directly with F. IV. Michael Yours very truly, F. W. Michael cc: Arthur E. March, Jr. Donald Parsons Dave Clarkson Harold M. Deane Austin 0. Simonds Sanford B. Thayer - Norman A'. Evans Dan J. Bailey Alden T. Hill FWM/ j s Post Office Box 580 Fort Collins, Colorado 80521 November 17, 1975 Dan Wheeler Wheeler Realty 530 S. College Fort Collins, CC) Dear Mr. Wheeler: Telephone 303 484-4220 This is to inform you that the water and sewer mains installed by Cap Construction on your Brown Farm Subdivision have been accepted for maintenance by the City pending the contractor's normal one-year guarantee period. Sincerely, Donald M. Parsons City Engineer DMP:cs Post Office Box 580 Fort Collins, Colorado 80521 May 21, 1976 Federal Housing_ Administration Henry Tobo ,I,o Wholli It Mz1v Concern: TvI,p1,onc :103 48A•A220 It is st'lncl.lrrl policy for the Cite of I:ol•t: Collin,; to ;lc( -(,Pt for PerPet11;11 mminlenancc, thoso Puhlic rlt�ht-of-w,lv constructions which hnv(� horn a11>rovecl by the City rend which 11,1ve jmsSu(l n 11 i'crtllri reel I;uulr-llitce pcl-imis. 'This includes the 1�7<ltcI, Imlins,-"IIIit,u-), sewer mrlins, storm sewer nl•1ins, street P"Ivcments, street lights, and street s.iglis in the Tract "G" Brown Farm lst Sincerely, 1)on.11 cl P1. Parsons — ------ C i ty I;n}, i racer DNIP : RZ : CS June 22, 1976 Mr. Roy Bingman City Engineer Municipal Building Fort Collins, CO 80521 Mr. Dan Wheeler Wheeler Realty Company 530 South College Avenue Fort Collins,, CO 80521 Gentlemen: In response to your request, we are submitting the following proposal for establishment of a monitoring program on and near the Brown Farm. The purpose of the monitoring program is to: (1) Establish the present situation in regard to ground -water levels and direction of flow, water quality and vegetation along Spring Creek between Taft Hill Road and Shields Street. (2) Measure changes (if any) in ground -water levels, direction of flow, water quality and vegetation in the future. (3) Obtain measurements and data helpful in determining the cause or causes of any changes measured. In order to accomplish these purposes, we recommend the following work be done: Ground -water levels. A network of observation wells should be installed to monitor ground -water levels. The ground -water levels can be used to deter- mine direction of ground -water flow as well as to measure the influence of natural and man-made impacts on the water level. We recommend that a program of taking measurements in each observation well four times a year be initiated. Water -flow measurements. It will be necessary to know the amount and timing of flow from the Brown Farm drain into Spring Creek. We recommend installing measuring devices capable of providing this information, preferably Page 2 Mr. Roy Bingman Mr. Dan Wheeler June 22, 1970 on a continuous basis. This will require at least one continuous recording device. It would be possible to obtain sufficient measurements through use of personnel alerted to making observations at the location during and imme- diately following storms, however, we believe that over a period of years this would be a more expensive (and less reliable) method than the installa- tion of an automatic recording device. Quality -of -water measurements. We recommend that a program of collecting and measuring; quality of water discharged from the Brown Farm drain be estab- lished. Although it is possible to automate collection of the samples, such automation would be expensive. Criteria should be established for when and how to collect the samples and for the types of analyses that should be run. Monitoring of vegetation. In order to evaluate the effect of possible changes in water levels and water quality, the vegetation along Spring Creek should be monitored. This can probably most effectively and economically be done by aerial photographic methods using infrared and aero-color film. The above work can be divided into two segments, i.e., (1) design of the monitoring program and installation of equipment and (2) taking of measure- ments and analysis of data. We estimate that our fees and expenses for design- ing the monitoring system and installing the equipment (observation wells and flow -measurement equipment) would be approximately $6000. We estimate that the annual cost of taking measurements and analyzing the data would be approxi- mately $12,000 per year. This figure could be considerably reduced if the owners and/or the City wishes to participate in the measurement program. Another possibility might be to utilize this setup as a graduate program for a CSU student in a field related to the problem at hand. We appreciate being asked to submit a proposal for this work and are looking forward to the opportunity of being of service to you. Please feel free to call if you have any questions. Sincerely yours, M. W. BITTINGER & ASSOCIATES, INC. Morton W. Bittinge'r, PF/&LS President MWB:js _ September S, 1973 Mr. nun Wheeler Wheeler Realty P. 0. Box 519 Greeley, CO 80531 Dear Mr. Wheeler: Thank you for takinS the time to personally inspect the Sonoran View property, and for agreeing to take the initiative in nagotiating a solution with tho City of Fort Collins. This prohlen of flooding wetter cTeatad by the development of the area emerged more than five years ago. Sinca that time, the City officials have acknowledged that the runoff hAts been created by the development to the nort`r and west of Sonoran View. Yet no one has takers the initiative to correct the 31tUntiOn. I hope that you can do it. I again assure you of my co- operation in this ratter. In my letter of July ld, 1973, 1 advised you of ray plan to restore the case of :,onorsn View to its original underground drainage capabi- litios. I also stated that I would delay that action until the end of this year to yt yo,i time to work out a solution. I trust that this tinetabl:e is still acceptable, If not, please let me know. Yours very truly, . W. Michael FWIJ eb cc Roy A� Kingman General Offices First National Tower Bldg. 215 W. Oak • PHONE 484-9229 M ICHAEL LEASING SEP t� i978✓� �� INC. Please Address Reply To: Michael Leasing, Inc. - P.O. Box 1982 - Fort Collins, Colorado 80522 September 5, 1978 Mr. Roy A. Bi.ngman Director of Community Development City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80521 Dear Mr. Bingman: The enclosed copy of a letter to Mr. Dan Wheeler is in acknow- ledgement of Mr. Wheeler's assurance that he will take the initiative in finding a solution to the flooding problems in Sonoran View that have been created by the developments to the north and to the west. It also re-emphasizes my willingness to cooperate. I hope that Mr. Wheeler has met with you because I do intend to restore the area to its original underground drainage capabilities by the end of this year. At our last meeting, we discussed the other problem of the diminished underground flow of the spring water caused by the new sewer project. You indicated that the City would take the initiative in restoring the flow to its original conformity to the decree that I hold for the water. Please tell me what has been done in that regard. FWM/ j eb Enclosure Yours very truly, F. W. Michael PASSENGER CAR AND TRUCK LEASING (All Makes) 215 West Oak Street Phone 484-9229 AGRICULTURAL, CONSTRUCTION AND INDUSTRIAL EQUIPMENT LEASING !All Makes) 1314 North College Ave. Phone 484-4960 TO I;d Tlil.genbelg, Suet. of 1,1c,.Lor & Sower Dept. TZOr1 Bob Zakely & Manuel :erbel, Utili t; Inspectors SIJi3 JT;C _ , 1 _ C _:»1'•.�E Infiltration In Brown Farb Sys tom DATL August 24, 1972 In a routine check of the sewer system in the Brown },'arrn Subdivision on .August 23, 1972, it was discovered that in two sections of the system infiltration far above accep- ta l� -, City,of Tort Collins limits was occurring. r�Je it tes is showed 8990 gallons per 24 hours flowing into the manhole at the intersection of Suffolk Street and T,eices ter_ '%;av from the south and 19,000+ gallons per 24 hours flowing into the manhole on the north-v,7est corner of Co-r_ riedale Drive from tiZe several lots in -che area of Corriedale Drive and Corri-edale Court have keen connected to the system, both of leakage vJere traced to parts of the system ,,,,here no building has yet taken place. Sev ,..ral � .anholos ha,,,c been hit sinc- th 1r �,mpletlon and their rings and covers have been moved off the tipper cone of the :il?11.10 L.E3 --YgoO;i notab7_v on Suf n l k �-trc..et at-- t'(1:' 1.af_ SC' �10:13 oF Hal-.los;hire Road and Lelc,,"_ster Way. In --idclit"ion the zinc; and ; over on the ` anhnle at Su;z Street S T(i 11 rleeC � i-n l.-,e 1!�,.,'r�rer�, at,c al l manholes on S cf fol?c Street have grout in the invert channel which was not removed when those rings and covers were brought "to grade. Very truly _yours, Dob Zakely Utility Inspector Manuel Kerbel Utility Inspector �3 cc: Roy BingTian (f - action and response to John A- -)ld) JN!S n19 CITY MANAGER 2045 Manchester Drive Ft. Collins, Colo. 80526 September 4, 1978 Mr.'John Arnold, City Manager 300 Laporte Avenue City Hall Ft. Collins, Colo. 80521 Dear Mr. Arnold: We are writing to you about a problem in our neighborhood which directly concerns us and also our Choice City. We are bothering you about it because we have gone through all the proper channels and still no action has been taken. The problem area is the retention pond at the corners of South Taft Hill, Manchester Drive and Rambouillet Dr. This area is being used as a dump area by many of the local residents and contractors and even by the various cement trucks as they dump out excess cement when they finish their deliver- ies. About two months ago we went to the Wheeler Realty office in Cottonwood Village (the new development there) and asked them who was responsible for the area in question. We were told by the saleswoman that the City had required Wheeler Realty to give the area to the city and it was the City's responsibility. We next called the Information Officer at the City Hall. She was very polite and helpful and called back to tell us she was still :investigating and would have someone let us know at a later date. Several days later a city employee called and informed us of the fact that this was a retention pond, a necessary evil required for drainage of the area. He advised us to call Roy Bingman, which we did on August 8th. Mr. Bingman was also very nice and informative. He told us that he had not realized the area was being used as a dump. He said that it was Wheeler Realty's responsibility to clean it up and seed the area and at that point the City would become responsible for keeping it mowed and cared for. He promised he would get something done about it immediately and get it posted so that there would be no more dumping. As to this date it is still not posted and people continue to dump everything from trash to grass to rock - just whatever they want to get rid of. Someone did mow the area this past week but that is just not enough. Our concern about the area for the good name of the city is that it is a health hazard and a terrible eyesore right in the midst of a lovely residential area. Our concern for ourselves and our neighbors is that we live across the street east of the area and when the inevitable west winds blow this fall and winter we are going to have all of that trash along our fences and in our back yards. We have picked up from this the last two years and we are just plain sick and tired of cleaning up everyone else's trash and us paying to have it hauled away when the persons who threw it there in the first place should be responsible for their own trash pickup and hauling. We are very adamant about the fait that the area be cleaned up, seeded and posted as to no dumping. Furthermore, we think a fence should be constructed there just as one was built from Manchester Dr. to Blevins Junior High School and on down to Prospect along Taft Hill Road, the length of the Brown Farm Development. If the weeds that were mowed are not gathered up they will also be among the litter and trash that we will have on our property. If something is not done about this problem very, very soon we plan to report the problem to the State Health Dept. because it is nothing more than an open dump in a residential area and a definite health hazard. Mr. Arnold, we trust you will see to this matter immediately and we thank you for your help and concern. Sincerely, Harry W. Walts Jahet L. Walts cc: Wheeler Realty v'd�P.d ,1 % 7Tr F0 10 (-01 UNS P.O. Box 580, Fort Collins, Colorado 8052.2 Ph(303) 484-4220 Ext. 728 ENGINEERING DIVISION February 11, 1982 Mr. Lester M. Kaplan Planning Consultant 528 South Howes Ft. Collins, Colorado Re: $ .L_rt,�,, J. , aster Plan & First Phase Dear Les: A meeting was held on Tuesday, February 9, 1982 between Bob Lee and Rick Ensdorff of Traffic; Tan Hays, City Engineer, Mike Herzig, Assistant City Engineer - Projects; and myself to discuss the requirement of extending Prospect Road from Phase I of the referenced project to Taft Hill Road in accordance with Cathy Chianese°s me= of January 11, 1982 and City Ordinance No. 163-1981. This subject was discussed with our legal staff (Mr. Paul. Eckman) yesterday, February 10, 1982. From a strictly engineering standpoint, the existing roadway was found to be adequate for Phase 1 development and the concensus was that no additional construction on Prospect Road fran Phase 1 to Taft Hill. Road would be necessary with Phase 1 development. From the legal standpoint, the requirement to upgrade Prospect from Phase 1 to Taft Hill Road with Phase 1 development is an ordinance and, therefore, is subject to a specific variance procedure (Article 99-7), through the Planning and Zoning Board. By copy of this letter, I am suggesting that our Planning Department support a request to vary this requirement for Phase 1 of this project. The reason for allowing the variance is based on the fact that Prospect Road was rebuilt from Taft Hill Road to Cedarwood Drive in 1978 due to the :installation of a new sanitary sewer main. This section has adequate structural integrity and width (32 ft.) to handle the anticipated additional traffic from Phase 1 development. Lester M. Kaplan Brown Farm P.U.D. When additional development, beyond Phase 1, is instigated, the City will expect Prospect Road to be fully developed to arterial standards for the full length of this P.U.D. Sincerely, W Z ®. Maurice E. Rupel, P.E. & L.S. Assistant City Engineer - Development cc: Mr. Don Parsons, P.E. Bob Lee Tan Hays Ken Waido W. Paul Eckman Mike Herzig Rick Ensdorff Cathy Chianese Page Two Deveio lent Services Engineering Department February 14, 1992 Ms. Paula Barker Caldwell Banker Everitt Companies Real Estate, Inc. 2900 South College Avenue Fort Collins, CO 80525 RE: Fence Installation on City Property Brown Farm Subdivision Dear Ms. Barker: The intent of this letter is to state the City's position as it relates to encroachments onto public owned property, particularly the fence at Lot 20, Block 6, Brown Farm, 1st Filing. It is standard policy for the City to issue encroachment permits to those property owners who wish to encroach upon public property. These permits are generally granted provided the City has no immediate use for the property and there are not any apparent hazards etc. However, these permits are all revocable and only allows the property owner the use of the adjacent land and the City assumes no liability associated with the encroachment. This also applies to those properties which are encroached upon without the City's knowledge such as Lot 20. Enclosed is a copy of City Code Chapter 23, Section 81 - 85 which addresses all encroachments onto public owned property and gives us the authority to order the removal of such encroachments. At this time I cannot assure you that the City will not require the removal of the fence, yet there is the possibility that; the fence can stay in its present location for some time. Additionally, enclosed is a letter Ms. Terri Fead was prepared to send you regarding her understanding of this issue when it first arose in 1989. Hopefully, I have addressed your concerns regarding the fence encroachment. If you should have further questions, please contact me at 221-6605. Sincerely, David Stringer Chief Construction Inspector Enclosure cc: Bob Smith, Stormwater Utility Manager Rita Welch, Property Owner, 2037 Tunis Circle, Lot 20 'l .Furth College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0:;80 (3(l;l 221-ot,O7, 9 23-69 FORT COLLINS CODE Services may cause the work to be done. and the cost shall be charged to the holder of the permit and the holder of the permit shall be liable for such costs. (Code 1972, § 95-21) Secs. 23-70-23-80. Reserved. DIVISION 3. ENCROACHMENTS Sec. 23-81. Permit required; application. Any person desiring to erect a building, fence, barrier, post or other obstructions or encroach- ments upon any street, avenue, alley, sidewalk, highway, public right-of-way or other public ground within the city shall file ;a written application for a permit upon a form prepared and provided by the city. (Code 1972, § 95-22) Sec. 23-82. Contents of application. The application for a permit shall contain the following: (1) The applicant's name, address and telephone number; (2) The location of the proposed encroachment, obstruction or structure; (3) The type of encroachment, obstruction or other structure; (4) The purpose of the proposed encroachment, obstruction or other structure; (5) A statement that the applicant agrees to abide by the provisions of this Article. (Code 1972, § 95-22) Sec. 23-83. Investigation of application in- formation; permit fee; revocation. (a) The application shall be made to the Direc- tor of Development Services. Such Director shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit shall determine that the proposed encroachment, obstruction or other structure does not constitute a nuisance, destroy or impair the use of the right-of-way by the public or constitute a traffic hazard. No permit shall be issued where those conditions are found to exist. 1504 lb) At the time of issuance of a permit hereun- der, the applicant shall pay a fee equal to the cost of recording the permit with the countv Clerk and Recorder and the cost of recording, adminis- tration and inspection costs incurred by the city. and a copy of such permit shall be recorded. (c) Any such permit so issued may be revoked by the Director of Development Services at anv time the conditions in this Section are found to exist, or when it is determined that the property upon which the encroachment, obstruction or struc- ture exists is required for use by the public. (Code 1972, § 95-23) Sec. 23-84. Notice to remove encroachment. (a) Whenever any encroachment, obstruction or structure is made or located contrary to the terms of the permit or without a permit or at such time as the permit is revoked as provided for in this Article, the City Manager shall give notice to the person who made or located such encroachment, obstruction or structure or caused or permitted it to be done or who owns or controls the premises with which such encroachment, obstruction or struc- ture is connected to remove such encroachment, obstruction or other structure. It shall be removed within ten (10) days after notice. (b) It shall be unlawful for any person to con- tinue any encroachment, obstruction or other struc- ture for a period of ten (10) days after receipt of the notice provided for in this Section. (Code 1972, § 95-24) Sec. 23-85. Noncompliance with notice; re- moval of encroachment. (a) If any notice given under § 23-84 is not complied with, the City Manager is hereby au- thorized and empowered to cause the removal of the encroachment, obstruction or structure. (b) Upon completion of such removal, the Citv Manager shall certify to the Financial Officer the cost of such removal, and the Financial Officer shall send by certified mail addressed to the owner of the premises with which the obstruction is con- nected a notice of such removal and the cost in- curred for such work, together with a statement FEB-13-92 THU 16:53 CITY OF FORT COLLINS FAX NO. 3032216239 P. Ol/01 Post -it' brar, x transmittal memo 7671 1 0 of pages ► � l ri� From o°• Co. • any 0fax Fax # b �.e February .13, 1992 Coldwell Banker Everitt Companies Real Estate, Inc. 2900 South College Avenue Fort Collins, CO 80525 ATTENTION: Ms. Paula Barker RE: Fence Installation on City Property, Brown Farm Subdivision Dear Ms. Barker: In the spring of 1989, I was contacted by Rita Welch inquiring about relocating her fence and the fences of several neighbors onto City property. As I recall, the reason for the inquiry was that the area was not mowed/maintained frequently enough or in the manner the residents found to be to their satisfaction. I contacted both the City Right of Way Agent and the Transportation Department: regarding this action. I found there were several concerns relative to the safety of the bike trail users resulting from the encroachment. The proximity of the fence to the trail and the potential for vision impairment as users approached the street were two of the main concerns. The encroachment also had the potential to affect equipment acces for maintenance purposes, From the City's standpoint, the preference was for the homeowners to leave the fences on their own property, but they would be allowed to provide additional maintenance themselves. should the homeowners choose to move the fences onto City property, they could be asked at any time in the future to remove them at their own expense. The City had no intention of vacating the property. I informed Rita that the City prefejr ed they not move their fences. I also informed her that if the fences were moved, the ramifications were that the City could request removal of the fences at the owners expense at any time in the future. To my knowledge, this position has not changed. I' u ue one• ��.•. -est i Oa,, cont t- Ron Mi 11 s , -Ci t y� Right ay Pagan t- 2 Very truly yours, Terri L. Fead, P.E. Civil Engineer IT cc: Ron Mills, Right of Way Agent Bob smith, Stormwater Utility Manager Rita Welch, Property Owner 9uffolk Street Negligibleloakage 18990 gal. Shropshire Avenue is Leaks start here somewhere lArvIce caking Dry M 11 Romney Avenue 7230 grout job needed here Dry M H 102 gal. Rate.;& Locations of Infiltration 1275 gm Brown Farm Subdivision, Fort Collins, Co. leaking b idly I 0 u to C) rl rk' Cl O CD C) CD G) qanoD OTPPDT330D CD CD -iaT-JOD Jjt^OE)lTqnoS C) 0 (1) P4 rld (j) 1) () 0 r.6ile Ae��,V Post Office BOX 580 Fort Collins, Colorado 80521 September-ll, 1972 Leach � Arnold Engineering 2031 Broadway BoOder, Colorado Gent! emen : Telephone.303 484-4220 r rucl to the installation of serer lines within the Brown Farm Subdivision of, , City of Dort Collins, a number of leaks have been.uncovered during a rei` nL check of the sewer lines. these lines are covered by a one-year warranty of construction, we wish tr ',;tvc ?Le leaks checked and repaired at your earliest convenience. Thank vyoiir cooperation. Sincerely yours', Ro� CA) Bingman City Engineer l WHEELER REALTY COMPANY 1331 8TH AVENUE PHONE (303) 356-1331 GREELEY, COLORADO 80531 September 27, '1972 Roy Bingman City Engineer 300 LaPorte Avenue Fort Collins, Colorado 80521 Dear Roy: Through my recent conversation with you concerning Fort Collins' policies on repayment to developers for street paving, it is my understanding that the city will :reimburse for: a.) all base thickness above the minimum residential base required (in this case 4 inches) b.) the first ten feet of paving width over thirty feet. In accordance with this policy, please find enclosed a copy of our figures showing work completed and reimbursable amounts for the Brown Farm - lst Filing, and a map showing where paving has been installed. It should be pointed out that this is a progress billing and not a final bill for the project. If you have any questions, please contact me and I'll be glad to stop and go over my figures with you. Very truly yours, WHEELER REALTY COMPANY 'N Gary ever Land Development Supervisor GB/cl cc: David G. Clarkson Enc: (2) JOHN R. P. WHEELER. REALTOR - MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS