HomeMy WebLinkAboutWOODWEST SEVENTH - Filed OA-OTHER AGREEMENTS - 2004-03-19City of Fort Collins
A G R F, E 7' r 'I T
THIS AG =4ENT made and entered into thisday of
1978, by and between
WOOD BROS, INC.,
a Delaware corporation,
hereinafter designated as the "applicant", and
TIIE NEW MERCER DITCH COMPANY,
a Colorado mutual irrigation corporation,
hereinafter designated as "ditch company", and
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation,
hereinafter designated as "City".
PROJECT:
Construction of a detention pond in connection with the
development of a subdivision known as WOODWEST 7th FILING, a
subdivision :in the City of Fort Collins, County of Larimer,
State of Colorado.-
WITNESSETH:
WHEREAS, the ditch com.panv is the owner of an irrigation
ditch and the right-of-way therefor; and applicant desires to
develop a subdivision known as WOODWEST 7th FILING and, in
connection therewith, must provide for the orderly run-off and
drainage of storm waters therefrom; and
WHEREAS, attached 'hereto as Exhibit "A" are the plans showing
the location, capacity, construction and other details for a
detention pond and the manner, amount and method of discharge
into the ditch company's ditch. Said Exhibit "A" consists of
the following:
1. Letter report from Wright -McLaughlin Engineers, dated
February 3, 1978;
2. M & I Consulting Engineers' storm drainage study for
Woodwes` 7th Filing, dated December, 1977.
WHEREAS, said Exhibit "A" sets forth all of the plans and
pecifications and terms of this grant and shall in no wav be
modified and changed by any subsequent or related plans or materials
not included therein, unless agreed to by all of the parties hereto;
and
WHEREAS, the ditch company is willing to grant to applicant
the right to construct said detention pond and related facilities
upon terms and conditions hereinafter set forth; and
WHEREAS, City is willing, upon the completion thereof in
accordance with Exhibit "A", to assume the future maintenance
hereinafter referred to;
NOW, THEREFORE, in consideration of the premises and the
terms of the within agreement, it is agreed as follows:
1. Ditch company grants unto applicant the right to
construct said detention pond and related facilities for drainage
into the existing ditch of the ditch company and further grants
unto applicant, and eventually the City, the right of ingress
and egress to a part of its ditch as shall be reasonable and
necessary for the exercise of the rights granted herein.
2. Applicant has paid the ditch company a permit fee in
the amount of Eight Hundred and No/100 ($800.00) Dollars for the
grant of this right-of-way.
3. In the event the reasonable and necessary expenses
incurred by ditch company in the granting of this right-of-way
shall exceed the above sum, applicant shall pay such additional
reasonable and necessary expenses of the ditch company for legal
and engineering services and time directly involved by ditch
company's President or Superintendent.
4. Applicant will, upon the completion of the project,
furnish to ditch company and City an "as built" exhibit further
supplementing in final farm the work described in Exhibit "A".
APPLICANT SHALL ALSO PAY ditch company's reasonable expenses
incurred in having its engineers make a physical examination of
the completed project to determine its compliance with the plans,
specifications and modifications as in said exhibit. The grant
by the ditch company of rights hereunder shall not be effective
and binding upon the ditch company until satisfactory completion
of this inspection and approval by the engineers and payment of
the additional reasonable charges of the engineers for making
such inspection, including travel to and from the project.0
S. The construction herein contemplated shall be in strict
accordance with the final set of plans set forth in Exhibit "A".
Any excavation or changes in the present ditch where concrete is
not provided for, shall be backfilled, compacted and stabilized
to the entire satisfaction of the ditch company. All compaction
for dikes shall be done at ninety-five (95%) percent standard
Proctor density. The dikes shall be in conformance with the plans
for construction of the detention pond. Said work shall further
be done only after notification given to the Superintendent or
other designated agents of the ditch company.
6. A1.1 construction shall be commenced and completed at
such times as shall not interfere with the regular flow of water
of the ditch company during the irrigation season.
7. Upon the completion of the project, the applicant shall
promptly notify the ditch company and the City; and the parties
shall jointly inspect the project. If there are any.deficiencies
in the work of the applicant or other variations from the plans
set forth in Exhibit "A", the applicant shall forthwith remedy the
same; and in doing so, the applicant shall meet all reasonable
requirements of the ditch company for the protection of its ditch
and surrounding property and meet all reasonable requirements of
the City.
8. It is understood and agreed that the problem of water
quality and .responsibility and liability therefor is not determined•
by this agreement.
9. The project shall be without cost to the ditch company
and the applicant M hereby indemnify and forever hold the
ditch company harmless from liability for damages caused by the
project.
10. City shall, upon the completion of the project as above
described, assume the future maintenance of the project.
11. Ditch company shall have full power to operate, maintain,
alter, enlarge or relocate its ditch as if this agreement had not
been made; and any expenses caused thereby to the applicant shall
not be chargeable to the ditch company.
TENS AGREE.'?E+T shall extend to and be binding upon the
successors and assigns of the respective parties hereto.
IN IdIT:IESS [:HEREOF, the parties hereby have caused this
agreement to be signed the day and year first hereinabove writte
WOOD BROS., INC.,
(SEAL) a Delaware corporation,
Y/�
ATTEST,: By: 1 ' fi C l I�LI��FIrICCc
/ 7 •- �—!
�Title:
THE NEW MERCER DITCH COMPANY,
(SEAL) a Co orado mutual �-igaticn corporation,
ATTEST: B1 _ Louis-F. Swift, Presid t
William C. tover, Secretary
THE CITY OF FO T COLLINS, COLORADO,
(SEAL) a municipa7�7 drpora ion,
r
ATTEST: By;
Title:
STATE OF COLORADO )
) ss.
County of Latimer )
The foregoing instrument was acknowledged before me th.
27th day of March , 1978 by LeRoy A. McCutchan
as Vice Preside' dent — , and attested to by Earl C. Nicholson, Jr.
as AssLstant Secretary, of WOOD BROS., INC., a Delaware corporation.
Witness my hand and official seal.
My Ccmmission Expires:
(SEAL )
STATE 01' COLORADO )
ss.
County of Larimer )
L/L =Akerwwv';�""
The foregoing instrument was acknowledged before me this
day of /� „ /, , 1978 by LOUIS F. SWIFT, as President,
and attested to by WILLIAM C. STOVER, as Secretary, of THE NE?
MERCER DITCH COMPANY, a Colorado mutual irrigation corporation.
Witness my hand and official seal.
My Como.ission Expires:
(SEAL)
2
Notary Public,
,
STATE OF COLORADO )
) ss.
County of Larimer )
The foregoing instrument was acknowledged before me this
26thday of may , 1978 by Sohn E. Arnold as
City Nanafier _, and attested to by Wanda Kral icek (Deputy) as
City Clerk of TIIE CITY OF FORT COLLINS, a municipal corperat_cn.
Witness my hand and official seal.
My Commission Expires: MY Commission Expires 1u1V 27. IgRI
(SEAL)
Notdry Public .
FD M[DMRNaiGNTUN WRIGHT-McLAUGHLIN ENGINE_"RS
LroPDE EP¢nson ENGINEERING CONSULTANTS
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D.VIDI LOVE
A ONALO O. CLONINGCR
3 February 1978
Mr. William C. Stover
Attorney at Law
United Bank Building, Suite 315
Fort Collins, Colorado 80521
Dear Mr. Stover:
ING
COMPLETE "SINCE.
1. THE T.0 SICIALTI FIELDS OF
WATER SUPPLY AND DISTR 11 OM
WATER AND SEWAGE TRE AT .1
FLOOD CONTROL AND
RE1 MAY 19 1978
Re: Woodwest Seventh Filing
Larimer County
We have reviewed the proposed "Storm Drainage Study for Woodwest Seventh Filing"
as prepared by 11 and I Consulting Engineers of Fort Collins. The housing develop-
ment is located approximately two and one-half miles south of Fort Collins and is
bordered by Shields Street on the west and by the New Mercer Canal on the east.
This property encompasses 64.58 acres. This land generally slopes from west to
east. There are no adjacent lands tributary to the property.
STORM RUNOFF
The developed flow values increase over the historic runoff levels. These addi-
tional flows have been directed to a detention pond located at the southwest
corner of the subdivision. Flows from three small areas of the development
(Basins 9, 10, and 11) however, have been left to follow the historic flow patterns
to the adjacent property to the north. The developed flows from these areas amount
to considerably less than the historic levels.
POND VOLUME
The detention pond capacity of 8.42 acre-feet shown on Exhibit 2 of the M and I re-
port is adequate for the subdivision.
OUTLET WORKS
The pond has been designed to outfall to the New Mercer Canal at a 10.15 cfs dis-
charge rate. A 15-inch conduit at a 2.05 slope is proposed to carry this flow.
A 10 cfs flow rate can be achieved in this size pipe providing there is a minimum
head of four feet.
Provisions should also be considered in the design of the pond and outlet works
such that overflow from storms greater than the design flow can be directed in
the same flow patterns as the proposed outlet. This will minimize damage and
maintenance of the pond and the canal and will tend to reduce potential flood
hazard and property damage.
CHANNEL
A 15-foot wide
channel, shown
on Exhibits 2 and
3, has been proposed at
the
eastern end of
the property.
This channel will
carry flows from Basins
7 and 8,
BRANCH OFFICES
GLENW0001PRI..:.S
S IEA..OAT S P RINGS
LEAD!OEA'JWOOD
A4PL%
DILLON LA.E
PO 3C.120L
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SOJLX 'JAROTA 1J131
Mr. William C. Stover, 3 February 1978
Page 2
as well as through the detention pond area. The capacity of 30 cfs indicated is
adequate for Basins 7 and 8. Velocities should not exceed four feet per second
and an allowance for 12 inches of freeboard should be made.
RIPRAP
Riprap for the outlet works to the New Mercer Canal should be designed to meet
the velocity requirements. The riprap should extend from the outfall two feet on
each side of the pipe for a distance of 10 to 15 feet to protect the outfall, the
irrigation ditch and surrounding area from scour and erosion. The riprap should be
8 inches to 12 inches or larger in diameter, with a minimum 6-inch layer of bed
coarse material.
MAINTENANCE
A maintenance schedule should be set up and followed. We would recommend that
all drainage facilities and storm inlets be visually inspected a minimum of once
a month and after every storm for a period of one year after construction. After
each inspection, arrangements should be made for replacement of riprap and debris
removal as necessary. After the initial year, visual inspections should con-
tinue on a monthly basis during the spring runoff months. For the remainder
of the year, quarterly inspections of the system should be adequate.
We will approve the plans submitted by M and I Consulting Engineers after the
recommendations listed above and illustration of adequate pond volume are included
as part of the development scheme.
If you have any questions or need additional information regarding the drainage
plan recommendatnon, please do not hesitate to contact us.
MAB:DJL:ej
752-32.2G
Very truly yours
WRIGHT-,icLAUGHLIN ENGINEERS;,
By
Mar
By
Dav
7^�L
A. Blish /
J. Love