HomeMy WebLinkAboutBROWN FARM SIXTH - Filed GC-GENERAL CORRESPONDENCE - 2003-07-311L<:>1R1D
R. V. LORD & ASSOCIATES INC.
P.O. Box 335 / 3250 Walnut St./ Boulder, Colo. 80306
(303) 443-0413
October 12, 1978
Mr. Roy Bingman, Director
Department of Public Works
City of Fort Collins
Fort Collins, Colorado 80521
Re: Brown Farm, 6th and 7th Filings
Dear Mr. Bingman:
OCT 19 1978
On September 7, 1978, Mr. Bill Heffington and I had the pleasure of meeting
you and your assistant and introducing ourselves as we will be processing
the referenced projects for Wheeler Realty. In talking with you and Mark
Ingeman, some drainage criteria was mentioned. We picked up a copy of the
"Subdivision of Land and Zoning" for the City of Fort Collins and no mention
is made of the: drainage criteria applicable for this project.
We are writing to request a copy of the adopted drainage criteria for the
City of Fort Collins from which we can base our subdivision design. As this
area will drain into the Pleasant Valley and Lake Canal, special attention
will need to be given to drainage design and we would like to begin our
analysis as soon as possible using the appropriate criteria.
We thank you for your attention to this matter.
Very truly yours,
R. V. LORD AND ASSOCIATES, INC.
John B. Cummings, Jr., P.E.
JBC/sdk
cc: Dan Wheeler
W.O. 3281
ARCHITECTS - ENGINEERS - PLANNERS
BOULDER. COLO'RADO SHERIDAN, WYOMING
or the ordinances of the County of Larimer, as the case
may be.
2. That all necessary steps, as designated by the
Company, to protect against erosion, will be taken before
the drainage discharge is allowed.
3. That the City of Fort Collins or the County of
Larimer, as the case may be, shall certify to the Company
that it has the obligation to maintain all structures in-
volved in the drainage system and drainage plan including
all pipes and structures designed to protect the canal
against erosion or other injury.
-2-
CITY OF FORT COLLINS
ENGINEERING SERVICES
April 9, 1984
Jack Cochran
Wheeler Realty
530 South College
Fort Collins, CO
Re: Brown Farm, 6th and 7th Filings
Dear Jack:
Per our conversation of last week, I have reviewed the Brown Farm plans to determine
a method of maintaining traffic flows during the reconstruction of the street
sections for Lodi Court, Quince Court and Montmorency Street.
In order for the City to continue to release Certificates of Occupancy, the
following conditions must be met.
1 An all-weather vehicular access is to be provided on these streets.
1 At no time will the entire street width be left unimproved.
1 All driving surfaces will be composed of an aggregate base course material.
1 On Montmorency only one-half of the street width shall be under construction
at one time.
1 Access shall be provided to Quince and Lodi Courts.
These requirements as stated are necessary to provide adequate emergency service
to the homes presently occupied or under construction. Therefore, it is
imperative that your street contractor adhere to these conditions.
Please be informed that if these minimum requirements are not met, all further
building permits and Certificates of Occupancy will be withheld on these streets.
If you have any questions, please call me at 352-3458.
Si c rely,
1,4
David Stringer
Chief Construction Inspector
- --- --- - -- �-- - --- — — _ - I — — _Uu - i ui � uuun ia' uuiui cfuu Ou.JCC • touJ1 C-_C I -oouo
CITY OF FORT COLLINS
ENGINEERING SERVICES
December 20, 1984
Brown Farm Joint Ventures
c/o Dan Wheeler
801 8th Street #220
Greeley, Colorado 80631
Re: Brown Farm, 6th and 7th Detention Facilities
Dear Dan:
As discussed in our meeting of December 19, 1984 please find listed
below the items -,hat we are requiring your firm to complete prior
to June 30, 1985:'
Construct a 7'. wide grass -lined channel as per detail on Sheet 24
of 24 and as outlined in yellow on Sheet 1 of 24.
I Construct a 16' wide grass -lined channel as per detail on Sheet 24
of 24 and as outlined in yellow on Sheet l of 24.
II Construct a 20' wide grass -lined channel as per detail on Sheet 24
of 24 and as outlined in yellow on Sheet 1 of 24.
Regrade the drainage swale that is between the 7th and 4th filings,
from the outlet pipe on Lodi Court.going north to the 36" RCP
that crosses Wyandotte Drive.
Ii Construct the two (2) 26' grass -lined channels coming off of
Garden 'Drive and Clydesdale Drive and running into the detention
pond as outlined in yellow on Sheet 24 of 24.
Construct concrete trickle channel as outlined in yellow on Sheet 24
of 24 from the 36" RCP and 33" RCP to the outlet pipe.
Place rip -rap at all areas outlined in yellow on Sheet 24 of 24.
Install water -tight lids on the two (2) manholes inside of the
detention pond.
idQ:�"Y.. �" T
� k
ENGINEERING SERVICES If ""CC LaPorte C,ve. • P.O. Box 580 • Fart Collins. Colorado 80522 • (31231 221-6605
Brown Farm Joint Ventures
December 20, 1984
Page Two
Construct. 42' x 6" deep concrete weir as outlined in yellow
on Sheet. 24 of 24.
Install concrete flared end section to outlet pipe on pond
and tie together with concrete trickle channel.
0 Remove existing trees as per Sheet 24 of 24.
Regrade and seed pond with Fairway Wheat Grass.
• Raise the manhole at 2225 Clydesdale up through the asphalt.
Remove the dirt and debris at the end of Pipestone, finish paving
the final 20'+ and install a Type III barricade.
Install a Type III barricade at the west end of Bluegrass Drive.
As we discussed in our meeting, due to the time of year and the weather
conditions it would be almost impossible to take care of all these problems.
In order for us to continue releasing building permits and certificates of
occupancy, we are requiring that you escrow monies, 150% of the engineer's
estimated cost: for the items mentioned above and be submitted in either cash,
certified cheek, letter of credit, or a bond.
It is important that we receive along with the escrow a copy of the engineer's
estimated costs.. It should also be known that upon completion of the above
mentioned item, the Storm Drainage Division will need a letter from your
engineers verifying that the pond is built as per plan.
It is our feeling that alot of this work could be done at almost any time
of the year and should be started as soon as possible.
If I can be of any further service, please feel free to call me at 221-6605.
Sincerely
c------ -
Cr zig Farver
Construction Inspector
Enclosures
cc: Tom Gathmann
Dave Stringer
CITY OF FORT COLLINS
ENGINEERING SERVICES
February 15, 1985
Brown Farm Joint Ventures
c/o Dan Wheeler
801 8th Street #220
Greeley, Colorado 80631
Re: Brown Farm, 6th and 7th Detention Facilities
Dear Dan:
As discussed in our meeting of December 19, 1984 and February 11, 1985,
please find listed below the items that we are requiring your firm to
complete prior to May 31, 1985.
I Construct a 16' wide grass -lined channel as per detail on Sheet 24
of 24 3nd as outlined in yellow on Sheet 1 of 24.
I Construct a 20' wide grass -lined channel as per detail on Sheet 24
of 24 and as outlined in yellow on Sheet 1 of 24.
1 Regrade the drainage swale that is between the 7th and 4th filings,
from the outlet pipe on Lodi Court going north to the 36" RCP
that crosses Wyandotte Drive.
Construct the two (2) 26' grass -lined channels coming off of
Garden Drive and Clydesdale Drive and running into the detention
pond as outlined in yellow on Sheet 24 of 24.
Construct concrete trickle channel as outlined in yellow on Sheet 24
of 24 from the 36" RCP and 33" RCP to the outlet pipe.
I Place rip -rap at all areas outlined in yellow on Sheet 24 of 24.
1 Install water -tight lids on the two (2) manholes inside of the
detention pond.
m
It
X
7171.
p•,�•r f•S�st� ' -21
ENGINEERING SERVICES 11 3CC LaPorte Ave. • P O. Box 580 . Fort Collins. Colorado 80522 9 (303) 221-6605
Brown Farm Joint Ventures
February 15, 1985
Page Two
1 Construct 42' x 6" deep concrete weir as outlined in yellow
on Sheet 24 of 24.
1 Install concrete flared end section to outlet pipe on pond
and tie together with concrete trickle channel.
/ Trees located in detention pond shall have all of the boards
and nails removed and a full pruning by a professional tree surgeon.
1 Regrade and seed pond with Fairway Wheat Grass.
1 Raise the manhole at 2225 Clydesdale up through the asphalt.
1 Remove the dirt and debris at the end of Pipestone, finish paving
the final 20'+ and install a Type III barricade.
1 Install a Type III barricade at the west end of Bluegrass Drive
As we discussed in our meetings, due to the time of year and the weather
conditions it would be almost impossible to take care of all these problems.
In order for us to continue releasing building permits and certificates of
occupancy, we are requiring that you escrow monies, 150% of the engineer's
estimated cost for the items mentioned above and be submitted in either cash,
certified check, letter of credit, or a bond.
It is important that we receive along with the escrow a copy of the engineer's
estimated costs. It should also be known that upon completion of the above
mentioned item, the Storm Drainage Division will need a letter from your
engineers verifying that the pond is built as per plan.
It is our feeling that alot of this work could be done at almost any time
of the year and should be started as soon as possible.
It should also be known that you are eligible for an oversizing payback on
the asphalt pavement on Yorkshire and the 8' water main in Yorkshire. In
order to handle it properly you should contact Mauri Rupel in Engineering
regarding the streets and Brian Hahn in Water & Sewer about the water main.
If I can be of any further service, please feel free to call me at 221-6605.
Sincerely,,
CCaig Farver
Construction Inspector
cc: Tom Gathmann
Dave Stringer
Brian Hahn
Mauri Rupel
McRAE & SHORT, INC.
1227 - 8th Avenue
Greeley, Colorado 80631
Telephone (303) 356-3101
Engineering, Surveying, Planning & Land Development
April 17, 1985
PROJECT NO. 85048
Mr. Willis Smith
Pleasant Valley & Lake Canal Ditch Co.
P.O. Box 565
Fort Collins, CO. 80522
RE: BROWN FARM DETENTION POND
Gentlemen;
The Brown Farm Joint Ventures, c/o Mr. Dan Wheeler, the initial developer of
the Brown Farm Subdivision has been working diligently to complete the improve-
ments on the Brown Farm Detention Pond and drainage ways. The City of Fort
Collins has been co-operating by reviewing the plans and inspecting the work.
They will make final acceptance when the work is completed. Some problems
have arisen due to the time involved (the plans were approved in 1979); partial
and psecemeal completion of the improvements; and, development of the adjoin-
ing lots.
Our survey work and calculations show that the Detention Pond as constructed is
smaller than the original design. This is mainly due to the higher elevation
of the outlet pipe into the Pleasant Valley and Lake Canal. By using the current
"coefficients of runoff", we calculated the desired design volume to be 9.2 Acre
Feet.
Field survey shows that the spillway can be raised to 5111.4 without flooding
the adjoining lots. At this elevation, the pond has a calculated volume of 8.49
Acre Feet. This is about 8% less than the design amount. In practical terms,
this means that the pond will contain about a 95 Year Storm, instead of the 100
Year Design Storm. The controlled discharge rates of "Historic Runoff from a
2 Year Storm" has not changed.
The City of Fort Collins has accepted these revisions and asked that we have
April 17, 1985
PROJECT NO. 85048
RE: BROWN FARM DETENTION POND
the Pleasant Valley Lake and Canal Company Board review these revisions and
indicate their acceptance in writing.
Please contact Mr. Dan Wheeler at the address listed below, or myself, if
you have any questions.
Yours truly,
McRae & Short, Inc.
Gerald B. McRae, P.E. & L.S.
Enclosure: Correspondence & Sketch to City of Fort Collins
dated April 2, 1985
cc: Mr. Dan Wheeler
801 - 8th Street, Suite 220
Greeley, CO. 80631
Phone: 351-0238
,-cc: Mr. Tom Gathman, P.E.
Public Works Dept.
City of Fort Collins
E
CITY OF FORT COLLINS
STORM WATER UTILITY
Date: May 29, 1986
Rick Mattingly
Shiloh Inc.
P.O. Box 8537
Fort Collins, CO 80522
Re: Brown Farm 6th and 7th Filings
Dear Rick:
From my recent inspection of the detention pond and drainage channel of the
referenced subdivision, I have these comments to offer:
1. The channel does not currently drain into the pond as it is
now graded; water just sits at various locations in the channel
from Yorkshire east to the detention pond. The proper grade needs to be
re-established so that no channel ponding occurs and trickle flows drain
readily into the pond.
2. The detention pond has one low spot about 10 yards in diameter which
holds water (near the outlet pipe). It needs to be graded so that it
flows to the trickle pan and does not remain perpetually saturated.
3. The full width of all drainage easements must be established, and then
tilled, prepared and seeded as specified below (sec. #4 & #5).
4. The soil of the detention pond and channel must be tilled to a depth of
four (4) inches, then graded smooth so that positive drainage occurs
and large clods, chunks and stones are removed (a 2-inch diameter or
smaller is acceptable). NOTE: A walk-through by a City representative
will be required after the soil is prepped and before any seeding is done.
5. The seeding mixture by weight for this project shall be:
35% Slender Wheatgrass
25% Streambank Wheatgrass, Variety: Sodar
20% Intermediate Wheatgrass
20% Smooth Brome
* Application rate shall be 30 lbs. per acre net
(i.e., the actual rate will probably be greater in order to make up
for those percentage of seeds which don't germinate)_
STORM WATER UTILITY 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 0 (303) 221-6605
* Drill seeding is the only acceptable means of planting, and shall
provide at least 1/4 inch of cover.
* Mulch must be placed with a crimper at the rate of 4000 lbs. per acre;
either straw or hay is acceptable.
* Seed tags showing that minimum specifications are met will be required.
6. The steeper• channel slopes which cannot be tilled, graded and seeded with
equipment shall be done by hand to the same standards as those mentioned
above.
7. The channel west of Yorkshire needs much work to be brought up to an
acceptable level. A property owner has built his fence to the center of
the drainage easement and has effectively reduced the channel's
capacity by 50%. The developer will either have to relocate the fence
and re-establish the channel as designed, or will have to make accommodation
for the channel elsewhere (i.e. on someone else's property, with their
permission). The channel's designed capacity must be re-established,
however. Tilling, preparing, and seeding shall then be done to the same
standards mentioned in #4 and #5.
8. Reproducible as -built drawings with key elevations and pond and
channel capacities will be required from a licensed professional engineer
before the City will accept these facilities for perpetual maintenance.
9. Since the recommended spring planting season has come and gone,
it is anticipated that seed germination will not be as successful now
due to higher temperatures and lack of moisture common this time
of year. Therefore, the City feels justified in holding onto a
portion of the escrowed money to provide any subsequent reseeding
efforts that may be needed.
My comments represent the minimum requirements necessary to bring these
facilities up to an acceptable City standard. Since the developer was
allowed to go far beyond the usual quota of building permits and
certificates of occupancy before having to complete these improvements,
City staff expects nothing short of these minimums.
Please feel free to give me a call anytime with your questions or with your
wish to meet on -site.
Sincerely,
Michael H. Mercer
Coordinator of Operations and Maintenance
cc: Wheeler Realty c/o Bill Neal
Craig Farver
Tom Gathman
CITY OF FORT COLLINS P.O. BOX S80, FORT COLLINS, COLORADO 80522 PH (303) 484-4220
ENGINEERING DIVISION EXT. 728
August 8, 1979
Wheeler Realty
530 S. College
Ft. Collins, Colorado
Re: Brown Farm, 6th & 7th Filings
Gentlemen:
It is standard policy for the City of Fort Collins to accept
for perpetual maintenance those public right-of-way constructions
which have been approved by the City and which have passed all
required guarantee periods. This includes the water main,
sanitary sewer mains, storm sewer lines and facilities, street
pavements, street lights, and street signs.
Yours truly,
GZ�
Donald M. P sons
City Engineer
June 12, 1986
Mr. Wesley Webb
3646 Viewcrest Circle
Salt Lake City, Utah 84124
Re: Brown. Farm 6th/7th Filings
Dear Mr.
This letter is being written in reference to coordination of storm
drainage affecting both Brown Farm Subdivision and the adjoining drive-in
property which you own in Fort Collins, Colorado. As you are probably
aware, the natural drainage of your property flows to the southeast corner
at which point the drainage enters the Brawn Farm Subdivision. I have
enclosed an exhibit which will clarify the situation.
Brown Farm Joint Venture, the developer responsible for the 6th & 7th
Filings of the Brown Farm Development is presently attempting to complete
required improAmmts to the affected storm drainage facilities within
their project so that the City will accept maintenance. A problem has
arisen in the fact that the owner of the lot within Brown Farm situated at
the southeast corner of your property has installed a very substantial
fence out to the center of the storm drainage easement. This fence is a
stockade type which the owner has embedded into a concrete retaining wall.
This situation had forced us to transition the drainage channel around the
retaining wall. In order to connect the upstream drainage we will have to
cross the southeast corner of your property.
The City of Fort Collins has requested that prior to their acceptance of
the improved Brown Farm drainage facility we contact you to obtain either
1) A twenty foot: permanent along the common property line with Brown Farm
west from your southeast corner; or 2) A letter from you stating your
approval of the temporary drainage situation across the corner of your
property. It should be noted that upon any future development of your
property the City would require a drainage easement as described to handle
the natural and developed drainage in any event. If you would desire to
grant the easement at this time Brown Farm Joint Venture agrees to provide
all necessary services to create the required documents. There would be no
need to make arr( further improvements at this time within the proposed
easement as the undeveloped drainage fran your property will function as
it exists. Please let me know of your decision to our request. If you have
any questions or comments please to not hesitate to contact me at (303)
223-8654.
June 12, 1986
Page 2
Sincerely,
Richard E. Mattingly
Brown Farm Joint Venture
enc - Exhibit
cc - Mr. Tom Gathman
City of Fort Collins
3646 Viewcrest Circle
Salt Lake City, Utah 84124
(801) 278-8271
July 3, 1986
Richard E. Mattingly
Brown Farm Joint Venture
3112 Eagle Dr.
Fort Collins, CO 80526
Dear Mr. Mattingly:
I am in receipt of your letter of June 12, 1986 regarding the
drainage problems within the Brown Farm Joint Venture which has
come about due to an individual constructing a fence within
or across an easement.
It does not seem proper that I would have to give up a portion..
of my property in order to not inconvenience someone who has
constructed a fence on what I presume is a recorded easement. I
suggest that the correct solution is to remove the fence from
the easement and install the storm drainage facility where
it was obviously intended.
I would have answered this letter sooner but was expecting to
be in the Fort Collins area in order to inspect the area in
question. Local business commitments make it impossible to
be in Fort Collins for a few weeks so I am responding by letter.
If there are further questions please advise.
Sincerely,
oliday Twin Drive In
Wesley D. Webb
WDW/cf
Tom Gathman
City of Fort Collins
CITY OF FORT COLLINS
O.-LvJ C4"41 S
September 11, 1986 D, �Aj1k,Q, W
C/o W 1�11tr �l.a�a��•�..�.-�4 �ro� P , �-�-d ,
Mr. Dan Wheeler S�
1321 8th Avenue_ —
Greeley, CO 80631,
Dear Dan: �
Re: Acceptance of Drainage Facilities in Brown Farm 6th and 7th Filings
As a follow-up to my meeting with you and Rick Mattingly on September 8,
1986, I am providing you with this letter to reaffirm what was discussed.
1. The drainage channel west of Yorkshire was graded, the rocks removed,
topsoil placed and hydroseed applied. This portion is acceptable to me
from a maintenance standpoint, though the issue with the fence which
partially blocks the drainage easement must still be resolved. Since
this channel will serve as the major drainageway for the watershed to
the west, it is critical that its full capacity be re-established. Any
obstruction or restriction greatly diminishes the capacity and thereby
increases the potential for flood damages to adjacent properties. The
City's policy with regard to such fencing is that if it interferes with
the intended use of an easement as a public drainageway, then it must
be removed. The homeowner who has placed the fence in the drainage
easement, as well as your development company, are both at risk
legally, should flooding occur because of the fence obstruction. I
strongly suggest you work with this homeowner to relocate the fence
outside the public easement, and then this portion of the drainageway
can also be properly graded back to its designed capacity and prepared
and seeded. As I mentioned to you and to Rick, the City will not take
over perpetual maintenance of this channel until these things have been
done, and an as -built drawing received which verifies that the designed
capacity and critical grades have been met.
2. The detention pond downstream will be accepted by the City for
perpetual maintenance upon receipt of an as -built drawing by a
professional engineer verifying that its designed capacity and critical
grades have been met.
`Y J �r Irr 4 +gyp
1ft3r"'�.h•..y.�� e� ` :k ��,t � )�� �'�i' c „t 'f`M�'�'4.ti?,.��Y✓'P'�'�°'i+v "r� � x.4— ,y. .-�c,r.
b-TT+%ft �r ,� r r.'sr F �F'»� �s "�' '�i 3. � t3• :+•'"�`� t � s. {�
DEPARTMENT OF 700 Wood Street • P.O. Box 580 Fort Collins, Colorado 80522 (303) 221-6615
TRANSPORTATION
Mr. Dan Wheeler
September 11, 1986
Page 2
3. The channel east of Yorkshire which feeds the detention pond requires a
great deal of work yet before the City will consider accepting it. As
we discussed, a uniform, straight-line grade mast be re-established
from the Yorkshire pipe crossing to the trickle pan in the pond.
Stakes with proper grades need to be evenly placed so that this
critical slope can be provided. Again, fences and restrictions cannot
exist anywhere in this channel - its designed capacity must be met.
Once the flowline grade and capacity have been re-established, topsoil
and seeding should immediately follow so that the end product is
identical to the channel west of Yorkshire in both appearance and
maintainability. Once an as -built drawing is received which verifies
that the capacity and critical grades have been met, the City will take
over the channel for perpetual maintenance.
4. As we discussed, with the completion and acceptance of each of these
"phases", the City will release a pro -rated share of the money
currently being held in escrow.
Dan, I know that. you are anxious to be rid of these facilities, as is the
City anxious to have them completed so that we can stop "pestering" you
about them. The fall season is a great time to prepare and seed drainage
facilities like these because erosion is less likely to occur, and snow
cover through the winter causes the seed germination in the spring to be
much more fruitful.
As always, please feel free to give me a call with any concerns or
questions you might have.
Sincerel
y,
!�.�.-
Michael H. Mercer
Coordinator of Operations and Maintenance
MHM:sq
cc Tom Gathman
Rick Mattingly, Shiloh, Inc.
Bill Neal, Wheeler Realty
January 7, 1987
City of Fort co11:i..rlr.;
P.O. Box 580
Fort Co] Co. 80'_i 2
Attn: M1. . Tc.nn Gathman
Re: F).c 'Farm 6th & 7th Filings
S+.:c)I,m Drainage Improvements
Dear Tor,i :
With the close of construction for the winter season I have prepared
this latter in an attempt to document the status of the storm drainage
improvements wlth:in Brown Farm 6th & 7th Filing for all parties
involved.
The referenced :storm drainage improvements consist of a drainage
channel which flows from, west to east into a large detention pond
which, in turn, outlets into -the Pleasant Valley & Lake Canal.
Improvements to the detention pond were completed in the summer of
1986 and were inspected and approved. It is understood that this
detention pond was inadvertently not designed or constructed to detain
the total 100 year storm but you have in your file a copy of a letter
from the irrigation company which states that they agree to accept the
additional flow. You also have in your file a certification of
completion for this pond which was prepared by McRae & Short
Engineering of Greeley.
The drainage channel improvements from Yorkshire Street west were
also completed in th,.:� summer of 1.986 and approved. The remaining
section of drainage channel from Yorkshire Street east to the pond is
now completed per our inspection of December 31 with the exception of
fine grading, seerl'i_,g grid installation of a 4 foot width of excelsior
matt in the inver. is = khe upp `r. on ;= t l.:.i 1. cl of this segment. Per our
meeting c>f D}-�cr-m,:}r z :i Fort C;nI 1 3eed acknowledges that they
have be}�ri h.-+.id services (with the
excepticrr.i of the r,::cr 1 ir, a ;' e _ri approved addition) and
will do �>o this com.i.n f , ,; ~t weather opportunity.
Of the original $.I.O, r ri ! -hp— City has now returned
$8, 000. 00 (includingtb.,s ? , r,, . +;. released this week) This
leaves $2,000.00 1n the r:-C:L'cw.z :(:i).;art:.
As soon as the cantr< cornplotes the final improvement items
indicated above this s;l>>^i.rac we wdll contact your office for a final
inspection of there ari(q. total release. Unless we receive a
written response, to th(= contrary from your office we will assume that
this lef:'::^r has been a.ccept,od as an accurate depiction of the project
status.
Page 2
Thank you for your assistance and
realize that it has certainly been
successful conclusion appears to be
Sincerely,
Fick Mat tingly
Construction
cc - Brown Farm Joint 17r-ntvtr(.-
Fo•t: Collins
patience in this matter. We
a trial for all involved but the
near.
CITY OF FORT COLLINS
OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT
September 21, 1987
MEMORANDUM
TO: Mike Herzig, Developement Coordinator
FROM: Jim Newell, Civil Engineer I� ) fV�?cc�
l
RE: Drake road Improvements Adjacent to Brown Farm 6 & 7 Filings
The current status of completing the improvements on the north side of
Drake Road is the subject of this Memo. The approved utility plans for
Brown Farm 6&7 Filings show the improvements to Drake Road. The Develop-
ment Agreement for Brown Farm 6&7 Filing (attached) states the Developer is
eligible for reimbursement from the Street Oversizing Fund for the improve-
ments to Drake Road. The Development Agreement does not mentioned the
scheduling of the improvements, however a letter from Jack P. Cochran,
dated August 2, 1983 states Wheeler Realty agrees to improve the said por-
tion of Drake Road "when requested by the City". Attached is a copy of the
correspondence between Wheeler Realty, the City, and between City Staff.
Below is a summary of the events.
The City contacted Wheeler Realty on October 6, 1986, and requested them to
improve their half of the road. There was no reply. On June 3, 1987, the
City Attorney's Office contacted Wheeler Realty and claimed the City had
the right to withhold building permits from other Wheeler projects cur-
rently being developed until the improvements to Drake Road were completed.
Wheeler's legal Staff contacted the City Attorney Office and claimed the
other projects (Somerville and Fairbrook) were separate corporations or
partnerships, and could not be held responsible for the Drake Road improve-
ments. Upon further review by City Staff, it was determined that Somer-
ville P.U.D. is the same corporation and the City should prcxmptly hold up
building permits by filing a Nlotice of Prohibition of Development on the
remaining Lots in Somerville P.U.D.. During this time there was no indica-
tion of Wheeler Realty being willing to initiate said improvements. The
Prohibition of Development has been written and City Staff is waiting for a
recommendation on how to proceed.
SERVICES, PLANNING
DISTRICT COURT, COUNTY OF LARIMER, STATE OF COLOP.ADO
Case No. 88 CV 35
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF
CITY OF FORT COLLINS, a Colorado municipal corporation,
Plaintiff,
VS.
VHEELER REALTY COMPANY, a Colorado corporation; BROI�.7T FARM JOINT
VENTURE, a Colorado ioint venture; JOHN R. P. T-hTF,ELER, an
individual; and ROBERT MARTIN, an individual,
Defendants.
C014ES NOW the Defendants, Brown Farm Joint Venture, (Brown
Farm) , John R. P. Wheeler, (TTheeler) and Robert Vartin,
Martin), by and through their attorneys, TTYATT A11D MARTELL, by
James A. Martell, and pursuant to Rule 34 of the Colorado Pules
of Civil Procedure, request the Plaintiff produce, within thirty
(0) days o '-service of this request anon Plaintiff's attorneys
and at the law offices of tVyatt and flarteil, 222 11. Magnolia,
Fort Collins, Colorado 805?1, the following documents:
DEFINITIONS
1. The word "document" includes books, pamphlets,
periodicals, letters, memoranda, telegrams, minutes, charts,
tabulations, manuals, guides, outlines, abstracts, histories;
and all records of meetings, conferences, and telephone or other
conversations or communications; reports, studies, handwritten
notes, diaries, desk calendars, work papers, drafts, tapes,
disks, recording belts, electronic recording data sheets, or
data processing cards, programs, or env other written, recorded,
transcribed, punched, taped, filmed, or graphic matter., however
produced or reproduced, to which the Defendant's employees
representatives, or agents have access.
2. The word "person" means any natural person, env firm,
corporation, partnership, joint venture, or any other form of
business entity.
3. The word "custodian" means the person who has pos-
session or control of documents. A request for the identity of
a custodian constitutes a request for his or her name, address,
and telephone number.
4. The word "identify," when referring to a person or
entity, constitutes a request for such person's name, home and
business addresses, telephone numbers, and title or capacity.
INSTRUCTIONS
1. In producing the requested documents, please furnish
all documents in the possession or control or accessible by any
employee, representative, or agent of the Plaintiff, i.ncludinq
the Plaintiff's attorney and investigators, unless such
documents are claimed to be privileged.
2. An inquiry into the existence of or a request for the
location of documents requests a statement of the present
address at which the requested documents are kept, if known, and
if not known, the last address known and information as to their
disposition.
3. I.f the Defendant considers any document falling within
these requests to be privileged from discovery, please file and
serve within thirty (30) days from receipt hereof a written list
of documents withheld from production, identifying each document
as follows: date; addressor or author's name, title, and ad-
dress; addressee's name, title, and address; the name and
address of each other person to whom a copy of the document was
sent or shown, the general character of the document; and the
basis upon which the document is considered to be privileged.
4. If the Defendant knows that any documents falling
within these requests have been destroyed or lost or are
unavailable for any other reason, please file and serve within
thirty (30) days of the receipt hereof a written list of any
documents so unavailable, identifying each document as follows:
the request to which the document pertains; the date, addressor
or author's name, title, and address; the name and address of
each other person to whom the document was shown or sent; the
general character of the document; the reason for its present
unavailability; and its present location and/or custodian.
5. These requests are continuing in accordance with Rules
26, 33, and 34 of the Colorado Rules of. Civil Procedure. Should
any information, document, or writing come to the attention,
possession, custody, or control of the Defendant or any
employee, representative, or agent of the Defendant subsequent
to the filing of responses hereto, which information, document,
or writing are responsive to any request herein, said additional
information, document, or writing shall be furnished to the
attorney for the Defendants.
-2-
CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, COLORADO 80522 PH (303)8 3 4220
ENGINEERING DIVISION EXT. 728
September 10, 1979
R. V. Lord & Associates
P.O. Box 335
Boulder, CO 80301
Attn: Mr. Vern Rabin
Re: Brown Farm 6th & 7th Filing
Utility Plan Revisions
Dear Mr. Rabin:
As you are undoubtedly aware, construction on the Brown Farm 6th & 7th
Filing sewer line was held up Friday by the City. This was necessary
because revised utility plans showing changes made to the original design
were not submitted to the City Friday morning as you told me they would be.
The revised plans were received late Friday afternoon and I have since been
able to review the revisions and have noted the following items requiring
attention:
1) Sheet 5 of 24. A drop manhole will be required on the west end of
Wyandott where the new sewer main connects to the existing main.
(City specifications allow a maximum drop in a standard manhole of 2.0')
2) Sheet 6 of 24. No invert elevation is given for the incoming main at the
north end of Courtland Court.
3) Do any of the changes in the road design affect anything in the drainage
report or design (Quince Court for example now drains the opposite direction).
If so, a revised drainage report should be submitted. If not, please provide
a letter so stating.
4) Do any of the changes affect any of the drainage channels throughout the
project? If not, please provide a letter so stating.
Please be advised that all water line elevations should also be revised to insure
the m.LT an cover requirements (4.5' min.) are maintai.ned,as well as the sewer
main and water main vertical separations,as per City specifications.
Finally, we will need revised flowlines plans for our review prior to final
street construction. Following our final review of all revisions, the revised
original plans should be submitted for signature.
DOCUMENTS
1. Please provide copies of all documents in any way
related to Defendant wheeler Realty's application for approval
of its plan to develop the property at issue in this case.
2. Please provide copies of all documents in any way
related to negotiations involved in and the approval of Wheeler
Realty's plan for development of the property and the plan
itself.
3. Please provide copies of all documents in any way
related to the Subdivision Agreement between Wheeler Realty and
the Plaintiff dated September 21, 1979 and/or related to
negotiation; concerning that Agreement.
4. Please provide copies of any and all documents in any
way related to the actual street improvement Ilheeler Realty was
to have made under the Subdivision Agreement.
5. Please provide copies of all documents in any way
establishing, or that are related to the Plaintiff's claim that
Defendants Brown Farm, Wheeler and Martin had actual knowledge
of the terms and conditions of the Subdivision Agreement at or
near the time of the conveyance of the property from Wheeler
Realty to Brown _Farm, -- --
6. Please provide copies of all documents in any way
establishing or that are related to the Plaintiff's claim that_
Defendants Brown Farm, Wheeler and Martin are Assignees of the
Subdivision Agreement from Wheeler Realty.
7. Please provide copies of all documents establishing or
in any way supporting the Plaintiff's claim that the conveyance
of the property from Wheeler Realty to Brown Farm made all of
the Defendants jointly and severly obligated to perform the
obligations of the developer under the Subdivision Agreement.
8. Please provide copies of all documents establishing or
that are in any way related to the Plaintiff's claim that the
Defendants ratified the Subdivision Agreement with the Plaintiff
and agreed to construct the required improvements "when
requested by the City."
9. Please provide copies of all documents establishing or
that are in any way related to the Plaintiff's claim that Jack
Cochran and/or other unnamed officers and employees nf the
Defendants were acting as agents of Brown Farm, Wheeler or
Martin.
-I-
10. Please provide copies of all documentation in anv wav
containing or referring to any and all representations and/or,
promises made by Jack Cochran or the other unnamed officers or
employees of the Defendants as claimed in paragraph 20 of the
Plaintiff's Amended Complaint.
11. Please provide copies of all documents establishing cr
that are in any way related to the Plaintiff's claims that the
Defendants are equitably estopped from denying that Jack Cochran
was acting as their agent and are further estopped from denying
their obligation to construct the street improvements to Drake
Road as required by the Subdivision Agreement.
DATED this J� day of November, 1988.
WYATT AND MARTELL
JaA1 s A. Martell, #8390
Attorney for Defendants
222 W. Magnolia
Fort Collins, CO 80521
(303) 484-1112
_ CERTTFICATE OF MAILING
I hereby certify that on this 1�dc day of November, 1988,
a true _= & ccrrect copy of- the above and foregoing FIRST aF.QUEST
FOR PRODUCTION OF DOCUMENTS TO _PLAINTIFF was deposited in the
United States mail, postage prepaid and properly addressed to
the following:
Mr. Stephen J. Roy
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
-4-
DISTRICT COURT, COUNTY OF LARIMER, STATE. OF COLORADO
Case No. 88 CV 35
DEFENDANTS' FIRST SET OF INTERROGATORIES TO PLAI11TIFF
CITY OF FORT COLLINS, a Colorado municipal corporation,
Plaintiff,
VS.
WFEELER REALTY COMPANY, a Colorado corporation; BRO[-7N FAR11 JOINT
VENTURE, a Colorado joint venture; JOFN R . P. UFFEI ER, an
individual; and ROBERT IfARTIN, an individual,
Defendants.
C011ES NOW the Defendants, Brown Farm Joint Venture, (Brown
Farm) , John R. P. I•Theeler, (Wheeler) and Robert liartin,
(Martin), by and through their attorneys, WYATT AND MAPTELL, by
James A. Martell, and pursuant to Rule 33 of the Colorado Rules
of Civil Procedure, submit the following Interrogatories to the
P 1 aintit .
INSTRUCTIOITS
1.'' As a courtesy, please set forth the actual language of
each interrogatory immediately prior to the answer given to the
interrogatory.
2. In answering these interrogatories, please furnish not
only such information as is available to the particular
individual answering these interrogatories, but also such
information as is known to any employee, representative, or
agent of the Plaintiff, including the Plaintiff's attorney and
investigators, unless such information is claimed to be
privileged.
3. Answers indicating action taken by any person should
specify the name and capacity of the individual. taking such
action.
4. When the identification of a corporation, partnership,
or other legal entity is required to properly answer any inter-
rogatory, please give the name, present or last known address,
and a brief description of the primary business in which the
entity is engaged.
5. A request for the identity of ary person requests a
statement of his name, his present business address, if known,
and if not known, his last known business address, his resident
address, and his_telephone_number. _.-
INTERROGATORIES
1. Please describe in detail the nature and content of all
communications between the Plaintiff and any and all Defendants
in any way pertaining to the Subdivision Agreement at issue in
this case. Please identify the parties to these communications
and when and where they took place.
2. Please describe in detail the nature and content of all
communications between the Plaintiff and any of the Defendants
concerning the plan to develop the property in question and the
Plaintiff's approval of such plan. Please identify the partie-s
to these communications and when and where they took place.
3. Please describe in detail the basis for your claim that
these Defendants or any of them had actual knowledge of the
terms and conditions of the Subdivision Agreement at or near the
time of the conveyance of the property from ITheeler Realty to
Brown Farm.
4. Please explain in detail the basis for your claim that
these Defendants are assignees of the Subdivision Agreement from
Wheeler Realty.
5. Please explain in detail the basis for your claim that
the conveyance of the property from Wheeler Realty to Brown Farm
made all of the Defendants iointly and severally liable to
perform the obligations of the developer under the Subdivision
Agreement.
6. Please describe in detail the basis for your claim that
these Defendants ratified the Subdivision Agreement with the
Plaintiff and agreed to construct the required improvements
"when requested by the City."
7. Please describe in detail the basis for your claim that
Jack Cochran and/or other unnamed officers and employees of the
Defendants were acting as agents of Brown Farm, Wheeler or
Martin. Please explain how their actions support your claims.
S. Please describe in detail the nature and content of any
and all representations and/or promises made by ,Tack Cochran or
any other unnamed officers or employees or agents of the
Defendants as claimed in paragraph 2O of Plaintiff's Amended
Complaint.
-7-
9. Please describe in detail the basis for your clain -."at
the Defendants are equitably estopped from denying that Jack
Cochran was acting as their agent and are further estopped from
denving their obligation to construct the street improvements to
Drake Road as required by the Subdivision Agreement.
10. Please describe in detail the basis for your claim t�7-'-
the Defendants' breach of the Subdivision Agreement will cause
you damage in the approximate amount of $2.15,000 and provide all
figures and calculations used to determine the amount of your
claimed damages.
11. Please described in detail the basis for your claim
that these Defendants have benefited from the Subdivision
Agreement.
12. Please identify all nonexpert witnesses you anticipate
using at the trial and provide a description of their
anticipated testimony.
13. Please identify all expert witnesses you anticipate
using at trial and provide a description of their anticipated
testimony.
14. Please identify all exhibits you anticipate using at
trial.
DATED this /8 day of November, 1988.
WYATT AND MARTELL
Y.
Ja{t� s A, tlarte 0
Att rney for Defendants
222 W. ilagnolia
Fort Collins, CO 80521
(303) 484-1112
-3-
CERTIF?('ATY--_ OF MAILING
I hereby certify that on this j "i��� day of November, 1988,
a true and correct copy of the above and foregoing DEFENDANTS'
FIRST SET nF INTERROGATORIES was deposited in the United States
nail, postage prepaid and properly addressed to the followirla:
Mr. Stephen J. Roy
City Attorney
City of. Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
-4-
November- = O , 19BB
Re: Interrogators relating to Brown Farm 6th,7th
DOCUMENTS
Request_-h
Please provide copies of all documents establishing or that are in any
way related to the Plaintiff's claim that Jack: Cochran and/or other
unnamed officers and employees of the Defendants were acting as agents
of Brown Farm, Wheeler or Martin.
Rracues l_ 1 �:�
Please provide copies of all documentation in any way containing or
referring to any and all representations and/or promises made by Jack
Cochran or other unnamed officers or employees of the Defendants as
Claimed in Paragraph 20 of the Plaintiff's amended complaint.
R g!^!r'Q_ i i
Please provide copies of all documents establishing or that are in any
way related to the Plaintiff's claims that the Defendants are equitably
estopped from denying that Jack: Cochran was actting as their agent and
are further estopped from denying their obligation to construct the
street improvements to Drake Road as required by the Subdivision
Agreement.
Several documents in the form of letters have been received by the City
on Wheeler Real i ty / Land Development letter head and signed by Jack: P.
Cochran, Manager/Land Development Division. These documents have been
addressed to various City Departments for the purposes of requesting
services or committing Wheeler Reality to some type of obligation to
the City. Additionally, other letters and related types of
correspondence have been received from Richard McPhee and William Neil
indicating they are acting as agents for Wheeler Reality.
Numerous letters have been written by City personnel addressed to Jack
Cochran regarding problems with the installation of public improvements
contracted by the developer of the Brown Farm bth and 7th Filings. It
was standard practice to address these types of concerns to Mr.
Cochran either by letter or telephone. At no time was I ever informed
by any person representing Wheeler Companies that Jack Cochran or any
persons previously mentioned were not responsible for, or authorized to
address construction related concerns for developments constructed by
Wheeler Companies.
Attached are copies of this correspondance.
November 50, 7. ?98
! NT jEEQgijQf:1' ES
Prepared by:
David Stringer
Chief Construction Inspector
page 2
TQ1 1 : pl er_a=_•e descri. b( i n detai 1 the nat!-!re and content of all
cornmf_uni_caai�;�r�s--t�f�t�`leen__the_ �,1c�i••r7ti•f�f__��ncJ__ans__��.nd_��11_det_-end�n_t�_in__any
VJci`j Fri ell_' il_nQ ti � + I-1'- [+Ltnd3 �l �I Cn f=i� I E't='filent jai issue 1 n tl'li � ( ase.
-------
Please 7. f:j (�= rl t: ]. '1- '`:! t n E:' "a r t i. (`= c_, .V• � r � 1 � c �
o t_I-�e__,E c ernrru_u i.cat:ion� and when and --- r�
t I-� r ,� too ! < E�.:l._ �•": c• r' ..
Response item I. :
1. October CC, 1980. Latter from Richard M. McPhee requesting
temporary access into Brown Farm 6th and 7th Filings. Access to be
off of Drake Road.
2. November 19„1?80. Letter from Josh Richardson (City Engineering_)
to Mr. McPhee acknowledging letter of Oct. 20th.
3. January 9, 1981. Letter from Mr„ McPhee to Dave Stringer (City
Engineering) guaranteeing pavement of Belgian Court Brown Farm 6th.
4. August 1 :1. , 1981. Letter- from Mr. McPhee to the Engineering
Divisionstating Wheeler Reality Company will install type 1 1 1
street baricade5 in the Brown Farm 6th Filing.
5. January 28,1932. Letter of Credit from Greeley National Bank:
issued to Wheeler Reality Company for the installation of
improvements on Garden Drive Brown Farm 6th. Sent to Engineering
Department, P.Q. Box 580, Attention Tom Gathman.
6. January 29, 193^. Memo from Tom Gathman to City Clarks office with
attached letter- of credit.
7. July 16,19S2 . Letter from Marc Engemoen ( Engineering Services ),
to Jack: Cochran (Wheeler Realty) regarding citizen complaints of
drainage problem between Brown Farm 7th and Brown Farm 4th Filings.
B. October 26, 1952. Letter from Dave stringer (Engineering Services)
to Jack: Cochran regarding problems with water line installation in
the Brown Farm 7th Filing.
9. January 28, 1983. Letter from Jack: Cochran to City of Fort Collins
committing to install Clydesdale Drive to City Standards.
10 . Aur..ius::>t 1, 19B3. Memo from Dave Stringer to Edna Hoern i cke
(accounting) requesting release of escrowed funds for portion of
Brown Farm 6th be released to Mr. Bill Neal, Wheeler Realty.
11. August 10, 199='. Letter- from Bill Neal regarding the completion of
several streets in the Brown Farm 6th Filing. Sent to Dave
Stringer.
12. September 21, 1983. Memo from Dave Stringer to Edna Hoernir_k:e
requesting release of funds escrowed pertaining to streets in
Drown Farm 6th filing. Funds released to Mr. Bill Neal.
1.3. October 1 , 198='. Letter from Jack Cochran to City of Fort
Collins, Streets and Traffic requesting installation of street
signs for Brown Farm 6th and 7th. Authorizing the City to bi.l.l.
Brown Farm Joint Venture for associated costs.
14. December 9, 19BO. Letter from Marc Engemoen to Jack: Cochran
address additional storm Drainage complaints between Brown Farm
}th and 7th Filings.
15. January 10, 1984. Letter to Mr. Cochran from Mick Mercer ( Storm
Drainage) Regarding the City removing weeds at Wheelers cost in
Drown Farm 6th.
16. January 19, 1984. Letter from Mr. Cochran to Dave Stringer
obligating Wheeler Reality to repair- damaged sidewalk: in Brown
Farm 7th.
17. February 25,1934. Letter from Mick: Mercer to Mr. Cochran
informing h: m that building permits in Brown Farm 6th will be with
held until such time as the City was reembursed for weed mowing.
18. April 91 1984. Letter- from Dave Stringer confirming previous
conversation for the reconstruction of streets in the Drown Farm
6th and 7th Filings.
19. September 1:1., 1984. Letter from Craig Farver (City Engineering)
to Mr. Cochran requesting the completion of public improvements in
Brown Farm 6th.
20. October 2,1994. Letter from Dave Stringer to Mr. Cochran
regarding the correction of certain public improvements in the
Drown Farm 7th Filing.
21. December 20, 1994. Letter from Craig Farver to Dan Wheeler, Brown
Farm Joint Ventures confirming discussions which occurred in a
meeting on December 9,1995, regarding storm drainage issues in
Brown Farm bth and 7th.
22. January 19, 1985. Irrevocable Letter of Credit from First
Interstate Bank of Fort Collins, for Brown Farm Joint Ventures to
cover the cost of storm drainage improvements.
0. May G, i?86. Memo from Pave Stringer to Edna Hoernick:e
requesting that a check: from Wheeler Realty be held in escrow to
cover the cost of uncompleted storm drainage items, Brown Farm 60--1
and 7th filings.
24. October 20,i386. Memo from Tom Gathman to Edna HoernicF:e
requesting the partial release of escrow to Wheeler Management
Group.
25. January 5, 1987. Memo from Tom Gathman to Edna Hoernick:e
r equestinq release of additional escrowed funds for Wheeler
Management Group.
26. July 1.. 1987. Memo from Glen Schlueter ( Storm Drainage) to Edna
Hoer n i c ke r-ceauest i ng release of remaining escrow! to Wheeler
Management Group.
Item _ Please describe i n detail the basis for your claim that Jack
--------- - - -- ---.._... - - -- - --.._.._-•-__..__....__.__----_-_.--.-=-----------------------..._
Cochr _in -�n�!:'or r.:'i=her c_u-�nar��ed officers and c,mploy��es of thFa Defendants
were acting q jq n'I:'_. of C?r o;an Farm, L�Jhee'ler or Martin. Please expl;:a.�i.n
-- - -- - - _.-.._..._...---._._.-----.._.__..._ _ ... ------ -- - ---___---•-----•-•--------�------- __..._._...
hoc.•, their ,ctions. su -ore y2UC -1 �.ims.
.......___.._ESL.__•-----._______�_t•..__.
On many oc-.c ss.i ons over the last several years I have met with Jack
Cochran, All Neal and Pan Wheeler to discuss different aspects of
development required by the City in the construction of the Brown Farm
bth and 7th Filings by the developer. In all of these instances each
of these people gave the impression that it was their responsibility.- to
oversee_ the development. Therefore, all correspondence either written
or by telephone :.•gas directed to these individuals. In many cases
return correspondence sent to me or other City staff, originated from
these people on Wheeler Realty letter head and signed with the persons
name, title or company name. Whenever an instance would occurr which
required the attention of someone from the developer of this project
most all direction was either given or received by someone other then
Mr.s' Wheeler or Martin. The type of documentation received from the
individuals mention generally are such that obligations were made or-
conf i rmed on behalf of Wheeler Realty.
In my capacity as Chief Construction Inspector I frequently meet with
representatives of a developer or the developer himself. On those
occasions when these individuals and I meet, I am informed of their
capacity, who they represent and what authority they have. I can not
recall one instance when some form of representation has been made by
any of the above mentioned individuals and then informed later that
they were not acting for the organization. It is common practice for
large Developers such as Wheeler to assign persons to make decisions
during the process of development.
R. V. Lord & Associates
Page 2
As of this date we will allow construction on the sewer main to
continue per the revised drawings (subject to the changes needed
per this letter). Please provide us with any further revisions
prior to any wnrk per these revisions.
Thank you for your cooperation in these matters and feel free to
contact me should you have any further questions.
Very truly yours,
Y140,0
William D. Linfield, E.I.T.
Civil Engineer
cc: Dan Wheeler
• • ! • Me
DATE: March 28, 1989
To : Mary Crumbaker-Smith, Ass It. City Attorney
THFBJ: Gary Diede, Director of Engineering
FROM: Marc Engemoen, Engineering Manager *1
RE : Brown Farm Settlement
You advised me several weeks ago that you would now be handling the Brawn
Farm litigation. You asked if we had evaluated the offer of settlement,
and I told you that Leslie Beckmann (Parks & Rec) was looking at the site
and would have a response to me by the end of March.
I have attached a copy of the HPDesk message Leslie sent last Friday. As I
read it, Parks & Rec might be interested in using the site offered in the
settlement for a small park, but only if they could acquire it for a
"reasonable" cost —something on the order of $25,000. I'm sure their
decision would also be based on an estimate of their development costs,
Council approval, etc.
From Engineering's point of view, this settlement doesn't look very good.
our interest is in the street improvements along Drake Road. We have
estimated the cost of the developer's obligation to be approximately
$150,000. If the proposed settlement produces only about $25,000 from
Parks & Rec to apply to the cost of the street improvement, we will fall
far short of the funds required to improve the street.
We understand the neighborhood's desire for a small park, but based on the
number of calls we have received over the past couple of years, their
desire for an improved street is just as great.
Please let us know. about a date and time when we can get together with
Parks and decade what the City's position on this settlement should be.
Let me know if you have any questions.
Attachment
ANDERSON, SOMMERMEYER, WICK & DOW
ATTORNEYS AT LAW
SAMUEL L. ANDERSON
MAYO SOMMERMEYER�
ROBIN L. WICK
TIMOTHY J. DOW
KENT N. CAMPBELL
THOMAS R. FRENCH
JAMESD.BRAMER`
KATHRYN S. LONOWSKI
L. ALLEN WEAVER, C.P.A.
JEFFREY L. PETERSON*
DAINA B. VAN DERVORT
Mr. Dave Stringer
City of Fort Collins
Engineering Department
P. 0. Box 580
Fort Collins, CO 80522
#3 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
P.O. BOX 2166
FORT COLLINS, COLORADO 80522
(303)482-4011
FAX (303) 482-8929
June 30, 1989
Re: City v. Wheeler
Dear Dave:
CHEYENNE OFFICE
2312 CAREY AVENUE
CHEYENNE, WYOMING 82001
ALSO ADMITTED IN WYOMING
JUL 3 1989
Engineering Dept:
You were so much help when I talked with you earlier
this Month, so I thought I would ask for your assistance one
more time.
At John Wheeler's deposition on June 28, 1989, he
indicated that there was virtually no sales activity or
development on Brown Farm fron 1982 to 1983, and he also
indicated that in February of 1982 almost all the development
work had been. done in Brown Farm Sixth and Seventh Filings.
I believe that this is flat out inaccurate. I have some
documentation to help us prove both of these claims, but if
you and I cold perhaps get together and come up with
something to help demonstrate the inaccuracies of these
contentions, it would help me greatly because I get to take
Mr. Wheeler's deposition again on July 10, 1989.
I look forward to hearing from you in this regard.
Yours very truly,
ANDERSON, SOMMERMEYER, WICK & DOW
Tom French
TF:pas
in 2wiit � ir�
City of Fort Collins
Dcveiopment Services
Engineering Department
October 4, 1989
Lary Odau
Craftwood Homes
1212 Pomona
Fort Collins, Colorado 80521
Re: Building Permits: Brown Farm - 6th and 7th Filings
Dear Mr. Odau:
The intent of this letter is to clarify the City's position regarding the
issuance of building permits in the Brown Farm 6th and 7th Fillings. As
you may recall, I initially informed you that the City would not withhold
permits for those remaining lots in these developments. However, after
discussing this matter with the Deputy City Attorney, I have been advised
not to issue building permits in the Brown Farm 6th and 7th Filings.
I apologize for the lateness of this response but, as you are aware, due to
the complexities involved with these developments a timely decision is not
easily obtained.
Sincerely,
`J
David Stringer
Chief Construction Inspection
�W LaPorte avenue • P.O. Box 580 • Fort Collins. CO 80522-0580 • (303) 221-6605
ANDERSON, SOMMERMEYER, WICK & DOW
ATTORNEYS AT LAW
SAMUEL L. ANDERSON
MAYO SOMMERMEYER'
ROBIN L. WICK
x3 CLOCK TOWER SQUARE
TIMOTHY J DOW
323 SOUTH COLLEGE AVENUE
KENT N. CAMPBELL
P.O. Box 2166
THOMAS R. FRENCH
FORT COLLINS, COLORADO 80522
-LAMES D. BRAMER
KATHRYN S. LONOWSKI
(303) 482-4011
L. ALLEN WEAVER. C.P.A.
FAX (303) 482-8929
JEFFREY L. PETERSON'
DAINA B. VAN DERVORT
October 25, 1989
Mr. Gary Diede
Mr. Plarc Engemoen
Hr. [lark Sears �
Mr. Hatt Baker
City Engineer's office
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
Re: City of Fort Collins v. Uheeler
Fealty Company, et al.
Gentlemen:
O C i 2 6 1989
" CHEYENNEOFFICE'.
2312 CAREY AVENUE
CHEYENNE, WYOMING 82001
ALSO ADMITTED IN WYOMING
This letter is to let you know that the trial which was
scheduled to begin on October 30, 1989, has been continued
until tlarch 13 and 14, 1990.
Before you make any plans to be cut of town on either
of those dates, I would be most appreciative if you would
give me a call so we can discuss that.
Yours very truly,
A11DERSOU, SOtIMERNEYER, 'v7ICI: & DOW
Tom French
TF:pas
McRAE & SHORT, INC.
1231-8th Avenue
Greeley, Colorado 80631
Telephone (303) 356-3101
Engineering, Surveying, Planning & Land Development
November 3, 1986
PROJECT NO. 85048
Mr, Tom Gathmann, Civil Engineer
Public Works Department
300 La Porte Avenue
Fort Collins, Colorado 80522
RE: BROWN FARM SIXTH FILING
STORM DRAINAGE FACILITIES CERTIFICATION
Dear Mr. Gathmann,
In accordance with the Drainage Facility Approval Policy, we are hereby sub-
mitting the "As Built" drawings and certification,
As the construction engineer, we have staked, inspected and made volume calcu-
lations on the installed detention pond in this subdivision. We find the con-
struction to be in close conformance to the design plan and approved revisions.
All pond inlets and pipes were installed according to the plans. The detention
pond volume was calculated from survey information taken in I'larch, 1985, The
volume was calculated and found to be short at this time.. Analysis were made
of the detention volume and adjustments proposed in the spillway and berm
elevations to achieve a detention volume of 8.4 acre feet. The attached letter
of April 2, 1985 outlines these items. In addition, the attached letter from
the Pleasant Valley and Lake Canal Co. acknowledging the detention area and dis-
charge conditions at this location is on record at the City. The pond has
been constructed with proper side slopes, overflow and outlet, and trickle channel.
It is our judgment that the storm drainage facilities have been constructed in
accordance with the approved plan.
Yours truly,
McRae & Short, Inc.
Gerald B. McRae, Professional Engineer and
Land Surveyor, Colorado Reg. No, 6616
encl.: "As Built" Mylars— Sheets 1/24 and 24/24
cc: Wheeler Management Group, Ltd. Dan Wheeler
St_'.1.;ic-ct.2 Brown Farm 6th Parkland
--..nd`ii'r-: Leslie .!_!_CKI"IAP;IN . CFC5.2::'01
Part 1.
FROM: Leslie BE K tic:: '.l I r__'_, 01
Mike POWERS / CFC52/01
Part ,_.
Dated: 03/24/99 at 1509.
Contel-ts% ._.
Randv Bald!•: ,,nd 1 visited the Brown Farm site and discussed the pros and
cons of its U.�s a park site. The irony of the situation is that when
Brown r ,= r- m w ;=; ..s ...:. i q .. , .::-; l 1. , planned we unsuccessfully ne_, o t i. i t _ with Wheeler
for a centrally located mark site. and ended _p purchasing parkland adjacent
L Ble ins �t.�n_or High on the eastern :. Brown Farm.
r, _. _h east n edge i �,
O i the positive side. there is somewhat of a need and certainly a demand
for a park in that arpa. n1 .''•i 1 n = Park currently serves the neighborhood
nark needs .and is located almost 3/4 of a. mile to the east. The ditch
that bisects Brown Farm creates a barrier against direct access _ by those
residents living !•Jeri" of the ditch who are wanting to ❑o to the park. Over
the past ew years we have r-, ceived several requests from citizens to develop
park on the site at Clydesdale and Yorkshire. here are man': young families
with small children who would oenef it. Since these folks have paid parkland
fees over and above what has been spent at Bl`?vins, justifying some expendi-
ture is reasonanl.e.
On the negative side, the site is not graded to be suitable for parkland
because of the slope traversing it. Through design and regrading this
could be mitigated, but certainly would add to the development cost.
Another concern is the current market value of the land. Preliminary
estimates from Ron Mills place the value between $60,000 and Z96,000
(depending on how many lots could be developed cn the site). Generally
we purchase parkland at an average cost of Z15,000 per acre which would
be $25,000 for this size of site. A final concern is that funds for
acquisition and development of a park: site in this area have not been
budgeted and would regui r-e Council approval.
Taking the above into account, our feeling is that a park site is worts-,
pursuing provided the costs for acquisition and development would not exceed
what can justifiably be spent based on parkland funds generated in i the area.
I guess the neat step would be to meet and discuss what type of reimburse-
ment you need for taking care of the street improvements and if we can
negotiate a value for the land that falls into the realm of feasibility
for expenditure of parkland funds. Let me know if you want to set something
up.
End of Item 12.
Intray
The utility plans for Brown Farm 6 & 7 Filings show plan and profile of the
curb, gutter and sidewalk along the frontage of these Filings. However,
the plans were approved in August, 1979 and are missing some information
and the design is based on old construction standards. Below is a list of
items missing, or of sub -standard design;
(1) The plans do not show the large utility poles on the north side
of Drake Road which may interfere with -the sidewalk location.
(2) The plan.-, do not show the proper lane transition from the
improved section to where the curb and gutter ends, nor do the
plans show the proper signage, barricades or striping detail.
(3) The plans specify a pavement design consisting of 8 1/2" of
base and 2" of asphalt. The current design for an arterial
street is full depth asphalt 10" thick.
The plans do show adequate design for curb, gutter and a 7 foot wide
detached sidewalk, along the south property line of Brown Farm. The old
design is the current minimum design for a local street. Should the Devel-
oper improve Drake Road to today's standards the Street Oversizing rund
would pay for the additional cost of constructing said improvements to
today's current arterial street standards.
The total estimated cost of improving the 1966.5 feet of the north half of
Drake Road, to current standards is $196,650.00, with the Developer being
reimbursed for approximately $125,750.00 from Street Oversizing. The
Developer's portion would be $68,900.00 if the Road were constructed by
todays standards.
The cost of improving the road as the construction plans show (old stan-
dards) would be approximately $97,000.00. The Developer's portion would be
$65,500.00.
Should the City have Wheeler Realty build Drake Road to current standards,
this would require some discussion between Wheeler Realty and the City.
There is no agreement, or wording stating Wheeler Realty must build the
road to current standards. The cost difference of the Developer's portion
for the old design versus today's design is approximately the same based on
estimated costs.
Jensen Homes is currently developing Quail Hollow on the south side of
Drake Road adjacent to Brown Farm, and will be improving the south half
next spring with full depth asphalt. The City attempted to coordinate the
improvements on the north and south side of Drake road. Currently the
important issue is to have Wheeler Realty complete the improvements on the
north side done as soon as possible, as they have agreed to in the Develop-
ment Agreement and the letter from Jack P. Cockran.
Recommendation at this time is to contact Wheeler realty one more time and
ask for a commitment from them to complete the improvements to Drake Road.
If there is no response then file the Prohibition of Development with the
County. The longer the City waits to file the prohibition, the less lever-
age the City will have on Wheeler Realty to get the Developer to complete
their obligation of the Development Agreement.
CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, COLORADO 80522 PH (303) 484-4220
ENGINEERING DIVISION
September 13, 1979
Pleasant Valley and Lake Canal Company
"' . Ward Fischer
First National. Tower Building
Fort Collins, Colorado
Re: Brown Farm 6th and 7th
TO WHaNI IT MAY CONCERN:
It is standard policy for the City of Fort Collins to
accept for perpetual maintenance those drainageways
and detention ponds within a standard subdivision which
are dedicated to the City for storm water transportation
and/or detention and are approved by the City Council and
which have ;gassed all required guarantee periods. Planned
unit developments are excluded from this policy since the
home owners associations maintain drainageways as well
as green belts.
Yours truly,
;; 4� , �C E—� -(� ��
Maurice E. Rupel, P.E. & L.S.
Development Engineer
EXT. 728
R. V. LORD & ASSOCIATES INC.
P.O. Box 335 Boulder, Colo. 80306
(303)443-0413
September 13„ 1979
Mr. William D. Linfield, E.I.T.
Engineering Division
City of Fort Collins
P.O. Box 580
Fort Collins„ Colorado 80522
Re: Brown Farm 6th and 7th Filing
Dear Mr. Linfield:
In response to your letter of September 10, 1979„ 1 would like to
set forth the following.
1. Sheet 5 of 24 reflects a drop Manhole at station 2 + 00,
it is shown as new rather than existing and has a drop of
3.81 feet.
2. The in elevation on Manhole 34 located at the North end
of Courtland Court has been added. Two copies are enclosed
for your files.
3. None of the drainage facilities have been significantly
affected by the revisions to street grades or overlot
grading.
4. See 3 above.
The adjustment to water line elevations has been noted and will be
so noted on the appropriate plans.
The flow line profiles for filing seven are currently being revised
and will be forwarded to you as soon as possible, anticipated to be
early Wednesday, September 19, 1979.
Enclosed for your information and records are two sets of the grading
plans, which have been adjusted to reflect the street grade adjust-
ments.
ARCHITECTS - ENGINEERS - PLANNERS
BOULDER, COLORADO SHERIDAN, WYOMING
Mr. William D. Linfield September 13, 1979
Re: Brown Farm 6th and 7th Filing Page 2
We will keep you apprised of any revisions prior to commencement of
work, and will of course submit all of the revisions to you for sig-
nature once you have completed your review of same.
We greatly appreciate your cooperation on this project and should
you have any questions, do not hesitate to call.
Very truly yours,
R. V. LORD AND ASSOCIATES, INC.
William A. Weff' gton
Director of Engineering
WAH:jf
W.O. 3281
Enclosures
THE PLEASANT VALLEY & LAKE CANAL, CO.
P.O. Drawer "J"
Fort Collins, Colorado
September 14, 1979
Mr. Maurice E. Rupel, P.E. & L.S.
Development Engineer
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Re: Brown Farm 6th and 7th
Dear Mr. Rupel:
The Board of Directors of the Pleasant Valley & Lake Canal Company
have reviewed the request as well as the plans.for drainageways and
detention ponds as are plannned for the above referenced subdivision.
The requirements of the Company are as outlined in the resolution which
is attached and these requirements having been met such plans are ap-
proved.
Very truly yours,
Y
l
John Michie
President
JM:kc
Attachment: Resolution adopted August, 1979
Enc: Engineer's Certification
Maintenance Acceptance by City of Fort Collins
RESOLUTION
WHEREAS, the Pleasant Valley & Lake Canal Company
is often requested to approve developments which contemplate
the discharge of water flows into the canal of the Company,
and
WHEREAS, the Company is cognizant of the Colorado
Supreme Court cases concerning draingage, and accordingly
feels that it must make some reasonable accommodation to
accept such flows of water, and
WHEREAS, the Company nonetheless does not desire
to accept flows which it would in any way endanger the
ditch, or the properties of those lying under the ditch, but
in protecting against such injury must necessarily rely upon
the professional judgments and opinions of others.
NOW THEREFORE, BE IT RESOLVED:
The Pleasant Valley & Lake Canal Company will not
consent to the discharge of drainage waters from developments
into the canal of the Pleasant Valley & Lake Canal Company
unless:
1. An engineer licensed in Colorado certifies to
the Company:
a. That he has developed a plan in con-
junction with the drainage and the development that
will protect the canal from injury or overflow due to
excessive drainage flows from the developed land; that
no other steps to protect against breach or overflow of
the ditch from the drainage of the developed land is
reasonably required; and that the construction required
by the plan has or will be completed before the dis-
charge will be allowed to occur.
o. That the plan is in conformity with
all applicable ordinaces of the City of Fort Collins,