HomeMy WebLinkAboutBROWN FARM SEVENTH - Filed GC-GENERAL CORRESPONDENCE - 2003-07-31Robert V. Lord, Jr., an Engineer licensed in Colorado certifies:
A. That he has developed a plan for a detention pond for Brown
Farm Filings 6 and 7 in conjunction with the drainage and
the development that is designed to protect the canal from
injury or overflow due to excessive drainage flows from the
develcped land; that no other steps to protect against breach
or overflow of the ditch from the drainage of the developed
land is reasonable required; and that the construction required
by the plan must be completed before the discharge will be
allowed to occur.
B. That the plan is in conformity with all applicable ordinances
of the City of Fort Collins.
R. V. LORD AND ASSOCIATES, INC.
'__-By: Robert' V. Lord, Jr. ~
Colorado P.E. 3060
AnK
3060
A
ANAL
sav-';, OF
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.
0. That the plan is in conformity with
all applicable ordinaces of the City of Fort Collins,
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.
S ' c rely,
114
David Stringer
Chief Construction Inspector
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 that we are requiring your firm to complete prior
to June 30, 1985.'
9 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.
1 Construct a 16' wide grass -lined channel as per detail on Sheet 24
of 24 and as outlined in yellow on Sheet 1 of 24.
• 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.
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.
a
300 LaPorte Ave. P-O Box 580 9 Fort Collins, Colorado B0522 (3031 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.
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 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.
If I can be of any further service, please feel free to call me at 221-6605.
Sincerel�Icl
( ,--___—
Crdig Farver
Construction Inspector
Enclosures
cc: Tom Gathmann
Dave Stringer
CITY OF FC�r--�T COLLINS
STORM WATER UTILITY
February 5, 1985
Mr. James Dubler
Shiloh, Inc.
211 West Myrtle
Fort Collins, CO 80521
Re: Brown Farm, 6th and 7th Filings
Dear Jim,
I have read your letter of January 28th and agree with your conclusions:
delete the draina;e swale proposed along the west line of Block 2,
Brown Farm 7th Filing.
The items listed in the letter from Craig Farver to Dan Wheeler, dated
December 20, 1984, must of course, still be completed. As we discussed,
please include survey cross -sections with calculations as supporting
documentation for the capacity of the detention pond.
Sincerely,
!ToM Gat mann
Ci'Vi1 Ek9ineer I
LSiormwater Utility
�cc: Craig Farver
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.
Construct a 16' wide grass -lined channel as per detail on Sheet 24
of 24 and as outlined in yellow on Sheet 1 of 24.
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.
9 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.
1 Install water -tight lids on the two (2) manholes inside of the
detention pond.
xr b6,r,
. _..,.t.1.::ir..� �w�i'.,a �_r:_ �s—t:?�,rSes.��":.�'Sv,.a`.r`�t+:�a.lrr. '�k.aL''`.�9'.s�tk;+pia.t.�.,e•�.�za#�k"`smds[.z��" ��',,�,_�,�..a..
ENGINLLRING SERVICES 300 LaPorte Ave PO. Box 580 . Fort Collins. Colorado 80522 (303) 221-6605
Brown Farm Joint Ventures
February 15, 1985
Page Two
Construct 42' x 6" deep concrete weir as outlined in yellow
on Sheet 24 of 24.
I Install concrete flared end section to outlet pipe on pond
and tie together with concrete trickle channel.
I Trees located in detention pond shall have all of the boards
and nails removed and a full pruning by a professional tree surgeon.
I Regrade and seed pond with Fairway Wheat Grass.
I 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, 1501 of the engineer's
estimated coat 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,)
Cpd'ig 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 piecemeal 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
2
1.<;> I: Z"
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:
O rT I g 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.
.Jeg�, 03.
John B. Cummings, Jr., P.E.
JBC/sdk
cc: Dan Wheeler
W.O. 3281
ARCHITECTS - ENGINEERS - PLANNERS
BOULDER, COLORADO SHERIDAN, WYOMING
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).
r a.
STORM WATER UTILITY 300 LaPorte Ave. P.O. Box 580 Fort Collins, Colorado 80522 (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
June 12, 1986
Mr. Wesley Webb
3646 Viewcrest Circle
Salt Lake City, Utah 84124
Re: Brown Farm 6th/7th Filings
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 Brown 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 improvements 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 Broom Farm drainage facility we contact you to obtain either
1) A twenty foot permanent along the common property line with Broom 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 any further improvements at this time within the proposed
easement as the undeveloped drainage from 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 net hesitate to contact me at (303)
223-8654.
June 12, 1986
Page 2
Sincerely,
F-.Q,Q. -1- 1�
Richard E. Mattingly
Brown Farm Joint Venture
enc - Exhibit
cc - Mr. Tam Gathman
City of Fort Collins
' E
t
HOLIDAY VILU1,GE ASSOCIATES
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.
SincerelyL
Holiday Twin DrivelIn
Wesley D. Webb
WDW/cf
�cc —/Mr, Tom Gathman
,�' City of Fort Collins
WH, _ER MANAGEMENT GROUP, L
812 Eighth Street
Greeley, Colorado 80631
Telephone (303) 352-5860
September 16, 1986
Mr. Michael H. Mercer
Coordinator of Operations and Maintenance
City of Fort Collins
P. 0. Box 580
Fort Collins, CO 80522
Mr. Mercer:
Dan Wheeler is in receipt of your letter dated September llth
addressing the acceptance of drainage facilities in Brown Farm Sixth
and Seventh Filings. He will be contacting you in reply within the
week.
In the meantime, would you be good enough to make the change in
your records of Dan's address from 1321 8th Avenue to:
Mr. Dan Wheeler
Brown Farm Joint Venture
c/o Wheeler Management Group, Ltd.
812 - 8th Street
Greeley, CO 80631
We have recently added a Fort Collins line at our office, so you
may reach Dan either by dialing 223-7884 or Greeley 352-5860.
Thank you for your help in getting this matter straightened out.
Sincerely,
WHEELER MANAGEMENT GROUP, LTD.
�..
Harriett L. Meeker
Administrative Assistant to John R. P. Wheeler
hlm
CITY OF FORT COLLINS
,tVL.,�, cl-c�a•�sS .
September 11, 1986
Mr. Dan Wheeler [ dd
1321 8th AvenueGreeley, CO CO 80631
Dear Dan:
Co Pt(0 3 �
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.
I. 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.
77T,��,,,• �
+r,.v4� ,� ^ufyf"�-t �' '°! z
� r "T
r A e.• fit:
�
DEPARTMENT OF
700 Wood Street P.O.
Box 580 Fort Collins, Colorado 80522 (303) 221-6615
TRANSPORTATION
Mr. Dan Wheeler
September 11, 1986
Page Z
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 must 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.
Sincerely,
Michael H. Mercer
Coordinator of Operations and Maintenance
MHM:sq
cc Tom Gathman
Rick Mattingly, Shiloh, Inc.
Bill Neal, Wheeler Realty
R. Consultl&49
305 titit.. „ . '::, lt263
Fort CO 80521
"` jj
January 7, 1987
City of Fort Coll:lriS
P.O. Box 580
Fort Collins, Co. 80522
Attn: Mr. Tom Gathman
Re: Brown Farm 6th & 7th Filings
Storm Drainage Improvements
Dear Tom:
With the close of construction for the winter season I have prepared
this letter in an attempt to document the status of the storm drainage
improvements within 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, outlet: 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 the summer of 1986 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, seeding and installation of a 4 foot width of excelsior
matt in the invert: of the upper one third of this segment. Per our
meeting of December 31. Fort Co1.1Jns fIt7c '--Seed acknowledges that they
have been paid for the completion nr t,;n7'e services (with the
exception of the excel.::ior matt vt_a-'. :i:; _gin approved addition) and
will do so this coming , pjin.g «t weather opportunity.
Of the original $10,O00.00 ;-AC(U'L,,it the City has now returned
$8,000.00 (includ''ng the $3,000.00 which you released this week). This
leaves $2,000.00 in the escrow acCOUnt.
As soon as the contractor completes the final improvement items
indicated above this spring we will contact your office for a final
inspection of these items and total release. Unless we receive a
written response to the contrary from your office we will assume that
this letter has been accepted as an accurate depiction of the project
status.
Page 2
Thank you .for your assistance and patience in this matter. We
realize that it has certainly been a trial for all involved but the
successful cone_ "pion appears to he near.
Sincerely,
Rick Mattingly
Construction ConTC�.I'!1-+`tOr
cc - Brown arm Join! wi. nt. n 't`
kA MAw..r
CITY OF FORT COLLINS P.O. BOX 580, 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,
G?�
Donald M. P sons
City Engineer
CITY OF FORT COLLINS
OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT
September. 21, 1987
M E M O R A N D U M
TO: Mike Herzig, Developement Coordinator
FROM: Jim Newell, Civil Engineer I.,? J�
RE: Drake road Tmprovements Adjacent to Brown Farm 6 & 7 Filings
The current status of completing the improvements on the north side o-F
Drake Road is tr.e 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 3rown Farm 6&7 Filing (attached) states the Developer is
eligible for reimbursement from the Street Oversizing Fund for the improve-
ments to Drake P.oad. 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 promptly hold up
building permits by filing a Notice 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
nISTRICT COURT, COUNTY OF LARTMER, STATE OF COLORADO
Case No. 38 CV 35
FIRST REOUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF
CITY OF FORT COLLINS, a Colorado municipal corporation,
Plaintiff,
vs.
WHEELER REALTY COMPANY, a Colorado corporation; BROi7.1 FARM J0I14T
VENTURE, a Colorado Joint venture; J01414 R. P. [-hTF.ELEP, an
individual; and ROBERT MARTID1, an individual,
Defendants.
COMES N014 the Defendants, Brown Farm Joint Venture, (Brown
Farm), John R. P. Wheeler, (Wheeler) and Robert 11artin,
Martin), by and through their attorneys, WYATT ARID ITARTELL, by
James A. Martell, and pursuant to Rule 34 of the Colorado Pules
of Civil Procedure, request the Plaintiff produce, within thirty
0) days of service of this request anon Plaintiff's attorneys
and at the law oirices of 6yatt anti iiarte_li, 222 W. Magnolia,
Fort Collins, Colorado 80521, the following documents:
DEFINII.IONS
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, elect- ^ic 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.
7. 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, including
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. If 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 addr-ss; 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-
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
negotiations concerning that Agreement.
4. Please provide copies of any and all documents in any
way related to the actual street improvement Wheeler 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 tl.d(_
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 of the
Defendants were acting as agents of Brown Farm, Wheeler or
Martin.
-'A-
10. Please provide copies of all documentation in any wav
containing or referring to any and all representations and/or
promises made by Jack Cochran or the other unnamed officers or
emplovees of the Defendants as claimed in paragraph 20 of the
Plaintiff's Amended Compiaint.
11. Please provide copies of all documents establishing
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
BY:,
Jain s A. Martell, 48390
Attorney for Defendants
222 W. Magnolia
Fort Collins, CO 80521
(303) 484-1112
CERTTrTCATE OF MAILING
I hereby certify that on this 1�f day of November, 1988,
a true u..--:=ect coDp o� t,1_ above and fcregoirig FIRST RFQUES'l:
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
! _! �C� Lr
-4-
DISTRICT COURT, COUNTY OF LARINER, STATE OF COLORADO
Case I -To. 88 CV 35
DEFENDANTS' FIRST SET OF INTERROGATORIES TO PLAINTIFF
CITY OF FORT COLLINS, a Colorado municipal corporation,
Plaintiff,
VS.
WFFELER REALTY COMPANY, a Colorado corporation; RROIIN FARM JOINT
VENTURE, a Colorado joint venture; JOFIT P. P. UPFELER, an
individual; and ROPERT !`LAR.TT11, an individual ,
Defendants.
COMES NOT-7 the Defendants, Brown Farm Joint Venture, (Brown
Farm) , John R. P. Wheeler, (1,,'heeler) and Robert 1!artin,
(Martin), by and through their attorneys, WYATT AND MARTELL, by
James A. Martell, and pursuant to Rule 33 of the Colorado Rules
of Civil Procedure, submit the following Interrogatories to the
PI intit .
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 anv 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 anv 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 this
Plaintiff's approval of such plan. Please identi'L7 the part--_
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 tlheeler Realty to
Brown Farm.
4. Please explain in detail the basis for -our claim that
these Defendants are assignees of the Subdi-ision 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 Broom Farm, 1,Theeler or
Martin. Please explain how their actions support your claims.
R. 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.
-2-
9. Please describe in detail the basis for your claim tat
the Defendants are equitably estopped from den-,,ing 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
the Defendants' breach of the Subdivision Agreement Will cause
you damage in the approximate amount of $215,000 and provide all
figures and calculations used to determine the amount of your
claimed damages.
ll. Piea-A described in detail the basis for ,,our 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 /Y day of November, 1988.
WYATT AND MARTELL
BY:
Jain s A. Marte _ 0
Att rnev for Defendants
222 W. Magnolia
Fort Collins, CO 80521
(303) 484-1112
-3-
CrT?TTT'Tr ymr OF T,fAIT ITNG
I hereby certify that on this day of November, 1988,
a true and correct copy of the above and foregoing DEFENDANTS'
FIRST SET nF IIITERROGATORIF.S was deposited in the United Ftates
nail, postage prepaid and properly addressed to the followir-:
Mr. Stephen J. Roy
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
-4-
May 8,1986. Memo from Dave Stringer to Edna Hoernicke
requesting that a check: from Wheeler Realty be held in escrow to
cover the cost of uncompleted storm drainage items, Brown Farm 6th
and 7th filings.
24. October 20, 1956. Memo from Tom Gathman to Edna Hoernicke
requesting the partial release of escrow to Wheeler Management
Group.
25. January 5,1937. Memo from Tom Gathman to Edna Hoernicke
requesting release of additional escrowed funds for Wheeler
Management Group.
26. July 11 1987. Memo from Glen Schlueter ( Storm Drainage) to Edna
Hoernicke requesting release of remaining escrow to Wheeler
Management Group.
Item_____r'1 ease_cj�_ci_i_bi�__i i_�__dgt�ai 1_the_basi s_faryou_ur_cl ai m_that_Jae_L_
_Cochr_an__and!or_ other unna_mgd_of_f_icer and_e_melcay_r_�s_o_f__the_De_f_en_dants
_w_er_e acting ,7ggn i_ = of _L�r-o_wn__Far__m�_llheel Gr _or_Mart i n___F'l e�se_ex g l ai n
On many occasions over the last several years I have met with Jack
Cochran, Bill Neal and Dan 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 was 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
confirmed 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.
' } . }aM'� "'; a d !� '� �5 ` 2-r*k'' 4 i�','v ,•6- s ."�rr;G k fi - '9: a - 7 .� a9ud .d.d�oda c3rLidSYi •. �'� a q�.M,--. w +ram-`#�" y ..p,a a �W. v t s�. _•.
CITY OI FORT COLLINS I)O. BOX 580, FOR
COLLINS, COLORADO 80522 Pli (303j 454 12?0
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 mi.minnun cover requirements (4.5' min.) are maintained,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.
10. August 11 1983. Memo from Dave Stringer to Edna Hoernicke
(accounting) requesting release of escrowed funds for portion of
Brown Farm 6th be released to Mr. Bill Neal, Wheeler Realty.
11. August 10,1983. Letter from Bill Neal regarding the completion of
several streets in the Brown Farm 6th Filing. Sent to Dave
Stringer.
12. September 217 1983. Memo from Dave Stringer to Edna Hoernicke
requesting release of funds escrowed pertaining to streets in
Brown Farm 6th filing. Funds released to Mr. Bill Neal.
13. October 17,1983. 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 bill
Brown Farm Joint Venture for associated costs.
14. December 8,1983. Letter from Marc Engemoen to Jack Cochran
address additional storm Drainage complaints between Brown Farm
4th 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
Brown Farm 6th.
16. January 18,1984. Letter from Mr.Cochran to Dave Stringer
obligating Wheeler Reality to repair damaged sidewalk in Brown
Farm 7th.
17' February 25,1984. Letter from Mick Mercer to Mr. Cochran
informing him 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 Brown Farm
6th and 7th Filings.
19. September 11, 1984' Letter from Craig Farver (City Engineering)
to Mr. Cochran requesting the completion of public improvements in
Brown Farm 6th.
20- October 2,1984. Letter from Dave Stringer to Mr. Cochran
regarding the correction of certain public improvements in the
Brown Farm 7th Filing.
21. December 20, 1984. Letter from Craig Farver to Dan Wheeler, Brown
Farm Joint Ventures confirming discussions which occurred in a
meeting on December 9,1985, regarding storm drainage issues in
Brown Farm 6th and 7th.
22' January 18,1985' Irrevocable Letter of Credit from First
Interstate Bank of Fort Collins, for Brown Farm Joint Ventures to
cover the cost of storm drainage improvements.
November 10, 1938
I NTEKOGAA I ES
Prepared by:
David Stringer
Chief Construction Inspector
page 2
T.tem 1 : F'1 ea=_•e desr_ri. be i n detai I the nat�_ere and content of al 1
communications -_tweGn_tl-�e Pl��iriti f�_�and_u�ny and__111_de1 end�nt3_in_�n��
hhy-pertai ni-ng__to_ thg_Subdi i si on�,gi_eement_at_ i s�Lte_i n_ thi _case.
Please identi i % th.=.a_garric�i -io_iEi2g-communications and-when__and-where
to they_ol: -_p_L aced_
Response item 1:
1. October 22,1980. Letter from Richard M. McPhee requesting
temporary aczess into frown Farm 6th and 7th Filings. Access to be
off of Drake Road.
2. November 19,1980. Letter from Josh Richardson (City Engineering)
to Mr. McPhee acknowledging letter of Oct. 20th.
0. January 9, 1981.. Letter from Mr. McPhee to Dave Stringer (City
Engineeri.nq) guaranteeing pavement of Belgian Court Brown Farm 6th.
4. August 11, 1?B1. Letter from Mr. McPhee to the Engineering
Division stating Wheeler Reality Company will install type 111
street baricades 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 Drown Farm 6th. Sent to Engineering
Department., P.O. Box 580, Attention Tom Gathman.
6. January 29,1982. Memo from Tom Gathman to City Clerks office with
attached letter of credit.
7. July 16,1982. Letter from Marc Engemoen ( Engineering Services ),
to Jack: Cochran (Wheeler Fealty) regarding citizen complaints of
drainage problem between Brown Farm 7th and Brown Farm 4th Filings.
B. October 26, 1982. Letter from Dave stringer (Engineering Services)
to Jack Cochran regarding problems with water line installation in
the Brown Farm 7th Filing.
9. January 29, 1983. Letter from Jack: Cochran to City of Fort Collins
committing to install Clydesdale Drive to City Standards.
November 19BB
Re: Interrogators relating to Brown Farm 6th,7th
DOCUMENTS
Reguest_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 of the Defendants were acting as agents
of Brown Farm, Wheeler or Martin.
Re_euesk_ 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.
Regi_�est_ 1 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.
Responge_to_U,10_and _11
Several documents in the form of letters have been received by the City
on Wheeler Reality! Land Development letter head and signed by Jack: P.
Cochran, I11anager/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 Jac[.. -
Cochran regarding problems with the installation of public improvements
contracted by the developer of the Brown Farm 6th 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.
412�t" .����4
DATE: March 28, 1989
TO : Mary Qimz baker -Smith, Ass It. City Attorney
THFST: Gary Diede, Director of Engineering
FROM: Marc Engemoen, Engineering Manager �A/
RE : Brown Farm Settlement
You advised me several weeks ago that you would now be handling the Brown
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 Engineer-ing'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 decide 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
JAMES D. 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. 6heeler
Dear Dave:
CHEYENNE OFFICE
2312 CAREY AVENUE
CHEYENNE, WYOMING 82001
'ALSO ADMITTED IN WYOMING
h
JUL 3 1989
�--s gineering 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 from 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 could 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, UICY. & DOW
Tom French
TF:pas
L►Cvetopment Services
Engineering Department
October 4, 1989
Larry 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,
_ c .
S
David Stringer
Chief Construction Inspection
0 [,,W >rte Avenue • P.O. vox �80 • Fort Lollins. CO �s0;22-0;80 • (303)=21-6603
SAMUEL L. ANDERSON
MAYO SOMMERMEYER
ROBIN L. WICK
TIMOTHY J. DOW
KENT N. CAMPBELL
THOMAS R FRENCH
-JAMES D. BRAMER*
KATHRYN S. LONOWSKI
L. ALLEN WEAVER. C P A
JEFFREYL PETERSON'
DAINA B. VAN DERVORT
ANDERSON, SOMMERMEYER, WICK & DOW
ATTORNEYS AT LAW
03 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
P.O. BOX 2166
FORT COLLINS, COLORADO 80522
(303)482-4011
FAX (303)482-8929
PIr. Gary Diede
Hr. 11arc Engerioen
[Ir. [iark Sears
Mr. Matt Baker
City Engineer's Office
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
October 25, 1989
Re: City of Fort Collins v. ?heeler
Fealty Company, et al.
Gentlemen:
O C T 2 C 1989
"CHEYENNE OFFICE' - "
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 r;arch 1-3 and 14, 1990.
Before you make any plans to be out of town on either
of those uates, I would be r.lost appreciative if you woulc
give rye a call so we can discuss that.
Yours very truly,
ANDERSON, SONPIERPIEYER, G7ICI: & D017
Tom French
TF:pas
Deveic. nent Services
Planning Department
November 29, 1989
Mr. Larry O'Dau
Craftwood Homes
1212 Pomona Street
Fort Collins, CO 80521
RE: Brown Farm 6th and 7th Filing - Charge for Drake Road
Dear Mr. O'Dau:
This letter is written to confirm our conversations this week regarding what
the City will require from the proposed 5 lot development on the southeast
corner of Yorkshire Street and Clydesdale Drive to pay for a share of the
Brown Farm 6th and 7th filings requirement to construct street improvements
on Drake Road. Since there are 309 lots in the development, including the 5
proposed lots, the cost share allocated to each lot will be 1/309 times the total
cost. The total cost is estimated at $92,800. Therefore, the cost for each lot
will be $300.32. This amount would be stated in the development agreement
for the 5 lot development project, and it would be stated that the $300.32 is
du,.; at the time of issuance for a building permit.
If you have any further questions about this, please call me at 221-6750.
Sincerely,
Mike Herzig
Engineering Development Coordinator
1111 1 'Wk)rh' .Art•nue Fort Collin",
P.U. Box 550, Fort Collins, Colorado 50522 Ph(303) 4S4-4220 Ext. 728
ENGINEERING DIVISION
November 19, 1980
Mr. Richard M. McPhee
Wheeler Realty Ccnpany
1331 8th Avenue
Greeley, Colorado 80631
Re: Brown Farm temporary access road
Dear Mr. McPhee:
We have reviewed your plan for a temporary access road where Yorkshire
Street intersects Drake Road. We have no problem with your concept
but must require the following items be met.
1. The signal 16" diameter C.M.P. is acceptable for temporary
measures only.
2. A wier or dip in the road must be installed in order to pass
the major storm. The sketch has been modified to show a
possible way of achieving this wier.
3. Your ccupany shall be responsible to clean any excess mud and
debris that is tracked into Drake Road.
If you have any additional questions, feel free to contact me at 484-4220,
extension 735.
Sincerely,
Josh Richardson
Engineering
8d fin' Row
i
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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
jxer this lett.er). Please provide us with any further revisions
prior to any work 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,
YA;r4-w
William D. Linfield, E.I.T.
Civil Engineer
cc: Dan Wheeler
CITY OF I OR COFFINS P.O. Box 580, Fort Collins, Colorado 80522 Ph(303) 484-4220 Ext. 728
ENGINEERING DIVISION
July 16, 1982
Mr. Jack Cochran
Wheeler Realty
P.O. Box 519
Greeley, Colorado 80632
Dear Mr. Cochran:
We have recently received a number of complaints from residents of
Brown Farm, 4th Filing, regarding the development of Brown Farm, 7th Filing.
The homeowners in the 4th Filing, particularly along Leghorn Drive, feel
the overlot grading on the 7th Filing has resulted in several problems.
Over the past few weeks Fort Collins has had several severe thunderstorms.
Apparently the loss of natural groundcover and the change in drainage
patterns on -the 7th Filing have resulted in increased stormwater runoff
from the site. Residents along Leghorn have reported increased flooding
of their properties. 'These residents have also reported substantial
wind erosion from the site over the past few months.
The City does not have any specific standards or regulations for erosion
control which are applicable to your development. However, I encourage
you to try and cooperate with the area homeowners to minimize the adverse
effects of your grading operations. The swale along the western boundary
of the 4th Filing should be regraded or improved to reduce the potential
flood hazard to adjacent properties. The continued grading should take
overall drainage patterns into account and attempt to direct surface
runoff to areas of least hazard. And occasional -watering during dry
and windy periods will reduce wind erosion.
I realize that homeowners adjacent to areas of new construction should
expect some temporary inconveniences associated with such construction.
But attempting to minimize these inconveniences is certainly in the best
interests of all concerned - the homeowners, the City, and your company.
I would appreciate your cooperation in this matter. If you have any
questions or if I can be of any assistance, please do not hesitate to call me.
Sincerely,
Marc Fan n
Engine ing Services
cc: Dave Stringer
r
�r
(IIY 0I I OIll (()I I INS y P.O. Box S80, Fort Collins, Colorado 80522 Ph(303) 484-4220 Ext. 728
n�..'Si i.+t<.•4....tok..4Y1:f.:ili':+35'ill..r!E"AN.A.eiti:"Y•�'Yi:.Y.:`^"tT�Y'f.... ...if.3.a `."Y :-:S L..�. � -.. �.:.J :.i.:-:� i... .-.'2:��.::r�"'..:'.:'3".dL+3,'.?E..kift�: T.r:;Y'.l ?:Y_:`FS�!FsT$`ti39
ENGINEERING DIVISION
October 26, 1982
Jack Cocran
Wheeler Realty
1331 8th Avenue
Greeley, Colorado
Re: Brown Farm, 7th Filing
Dear Mr. Cocran:
On July 13th of this year construction inspector, Craig Farver, notified
you by telephone of the need to make certain repairs and replacements to
the water main in the Brown Farm, 7th Filing.
Specifically, he requested the repair of the temporary water blow -off
on Blue Grass Drive and the replacement of the aluminm valve box raisers
on Yorkshire Street with cast iron ones. As of this date, the above repairs
have not been taken care of.
On October 14, 1982 the office of the City Engineer was notified by the
City Water Department concerning those repairs; they requested the immediate
repair of the! blow -off. As this section of Blue Grass can not be adequately
flushed of stagnant water there is a potential health problem to the
citizens who live in the southwest area of the City.
Again the City must request that these repair- be made. All necessary
repairs/replacement are to be completed by November 12, 1982. If at this
time these repairs are not completed by the above date, the City will make
the necessary repairs and charge your firm one and 1/2 (la) times the cost.
In addition, no further building permits or certificates of occupancy will
be released in the Brown Farm, 7th Filing..
The City will not release building permits or certificates of occupancy
for this subdivision until the necessary repairs are completed or
incurred costs have been recovered.
Please contact Craig Farver or myself when this work has been scheduled.
Sincerely,
David Stringer
Chief Construction Inspector
cc: Craig Farver
Jim Hibbard
"WHEELER- Better
REALTY I �A HQmeS
and Gardens
Corporate Offices, 1331 8th Avenue, Greeley, Colorado 80631 Telephone (303) 356-1331
August 2, 1983 RECEIVED
AUG 5 11333
PIANMN:-
Mr. Maori Rupel DEPARTM�
Director of Development
Fort Collins Planning Department
Fort Collins, Colorado 80523
Subject: Brown Farm 7th Filing; Drake Road Development
Dear Alauri :
This letter is to confirm our conversation regarding
the improvement of Drake Road at the Brown Farm Subdivision.
We agreed that that portion of Drake Road will be improved
beyond its present condition when the property on the south
side of the road is developed. Wheeler Realty Company
agrees to improve our half of Drake Road when requested by
the City.
Please let me know if you have any additions or qual-
ifications to the above understanding.
Respectfully,
WHEELER REALTY COMPANY
0 6L^t P &
Jack P. Cochran
Land Development Manager
JPC:vjt
C IIY 01 1O1?1 ( OI I I.Ati p.0. Bui iy0, Furt ( oll,n,, (olor,ido 80i 22 Pl)(3030811-4220 Ext. 728
STORM WATER UTILITY
December 8, 1983
Mr. Jack Cochran
Wheeler Realty
P.O. Box 519
Greeley, Colorado 80632
Dear Mr. Cochran:
A homeowner in the 4th Filing of Brown Farm, Gary Lahman -
2491 Leghorn, recently contacted me concerning the drainage swale
immediately west of his property. Mr. Lahman is concerned that the
swale does not provide adequate drainage. He feels the swale is too
shallow and that drainage from the 7th Filing of Brown Farm will
overflow on to his back lot.
I've looked at the design drawings for the 4th and 7th Filings.
The flowline elevations for the swale set on the 4th Filing drawings
should provide adequate drainage for Mr. Lahman's lot. However,
I noted the flowline elevations for the same swale on the design
drawings for the 7th Filing appear to be higher in the vicinity
of Mr. Lahman's property. This may pose a problem. I have attempted
to inspect 'the situation in the field, but there has been too much snow
to really get an accurate picture.
As you are :now in the process of developing the portion of the
7th Filing which includes this drainage swale, I would appreciate it if you
would give :particular attention to Mr. Lahman's concern. Please let me
know if the swale has been installed to final grade. If Mr. Lahman's
concern proves to be valid, some regrading will have to be done to
correct the situation.
I appreciate your cooperation in this matter. If you have any questions,
please do not hesitate to call.
Si rely
V4WlAe
tr�c ng en
Civil Ej neer II
cc: Dave Stringer------
May 21, 1984
Marc Engemoen
Civil Engineer II
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Dear Mr. Engemoen:
I am attempting to follow-up on your correspondence with me dated December
8, 1983, regarding the drainage swale immediately west of my property
located at 2491 Leghorn Drive. I still have concerns that the swale is too
high immediately west of my property, and it does not appear that the developer
has taken any corrective action as of this date. At the date of your last
correspondence, the weather was not cooperating with any inspection or construc-
tion activities. However, with the return of fair weather, construction in the
7th Filing of Brown Farm is well under way; and it would seem that the time for
correcting any problems with the swale has arrived.
I have not received any correspondence from you or Mr. Jack Cochran of Wheeler
Realty in Greeley. I would like to know if any progress has been made on this
matter, and if not, what problems have been encountered. Please feel free to
telephone me at my office number, 484-0800, if you should need to talk to me
during business hours.
Sincerely,
Gary y Lahman
2491 Leghorn Drive
Fort Collins, Colorado 80526
r
CITY OF FORT COLLINS
STORM WATER UTILITY q
May 31, 1984
Mr. Gary Lahman
2491 Leghorn Drive
Fort Collins, Colorado
Dear Mr. Lahman:
Thank you for your letter of May 21st. I'm certainly sorry this matter
has not been resolved yet, but I want to assure you that we are still
working on the problem.
Dave Stringer, the City's Chief Construction Inspector, has again discussed
the situation with Jack Cochran of Wheeler Realty. Mr. Cochran has advised
us that they looked into the problem when we brought it to their attention
this winter. They intended to regrade the swale, taking into account the
need for positive drainage behind your house.
The real problem, it seems, has been the grading activities of some of the
individual homebuilders along the west side of the swale. They have blocked
the Swale in places, and generally aggravated the drainage situation.
Wheeler still plans to regrade the swale as they had indicated earlier.
For our part, the City has advised Wheeler that we will not issue any additional
certificates of occupancy for homes along the swale until the regrading has
been completed to our satisfaction.
Again, I'm sorry this has dragged on for some time, but I feel certain
that if you will bear with us a little longer, the matter will be
successfully resolved.
Si rely,
M�Irc ge reer
Civil EngI
cc: Dave Stringer✓�
i"
c
�00 LaF'nr[e Ave �- O ���� ��0 Fart. C�lllir�. �:nlnr,rio dL)522 f:3031 221-6C05
uiDu 4 C a ► 111 0jZ
TO: CITY OF FORT COLLINS
STORM DRAINAGE DEPARTMENT
FROM: PLEASANT VALLEY & LAKE CANAL COWANY
RE: BROWN FARM i!TH FILING STORM DETENTION OUTLET
FORT COLLINS, COLORADO
We have reviewed the situation concerning the storm drainage outlet from
the detention pond located within Brown Farm 7th Filing to the Pleasant
Valley & Lake C<.ff al. We do understand that this storm detention facility
is not constructed with sufficient capacity to detain the complete 100
year storm. We hereby acknowledge acceptance of the additional storm
runoff which would be created by the 100 year storm into the Pleasant
Valley and Lake Canal at this discharge location. Although we are
agreeable to accepting this additional storm water we will not accept any
liability for damage to our irrigation system or properties lying below
(east) of our facilities at this location which may occur during the 100
year storm.
Sincerely,
T%P.R 3 0 116b
Signed Date
Pleasant Valley & Lake Canal Co.
CITY OF FORT COLLINS
ENGINEERING SERVICES
April 21, 1986
Mr. Dan Wheeler
Wheeler Realty
P.O. Box 519
Greeley, CO 80632
Re: Brown Farm 7th - Storm Drainage Facilities
Dear Dan:
This is to inform you that the City of Fort Collins' Engineering
Department is holding the Building Permit releases on the remaining
lots in the Brown Farm 7th Filing, due to the developer failing to
complete the storm drainage requirements. This seems to be an
on -going problem that was brought to your attention in a letter
dated February 15, 1985, but was never completed. The City feels
that it has worked with you and given you every opportunity to
zomplete these improvements. We also feel that this matter cannot
be satisfied with an escrow or a letter of credit because this was
done once before and was found to be ineffective.
The items listed in the letter of March 15, 1986 that have not yet
been completed and the items that were discussed in our meeting of
April 7, 1986 with Rick Mattingly and Tom Bath will need to be
completed and accepted by the City before any of the remaining
Building Permits will be released.
If I can be of any further assistance, please feel free to give
me a call at 221-6605.
Sincerely,
Cr ig Farver, Construction Inspector
cc: Tom Gathmann
Felix Lee
Gary Diede
ENGINEERING SERVICES 300 LaPorte Ave P O. Box 580 Fort Collins, Colorado 80522 (303) 221-6605
CITY OF FORT COLLINS
STORM WATER UTIILITY
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�Arind 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 0,
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 _41
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 k*
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 .3'�o
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).
a .r
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f .1 L;!p
I 'ssi.er�.n
STORM WATER UTILITY
300 LaPorte Ave. 9 P.O. Box 580 - Fort Collins, Colorado 80522 - (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 FOR T COLLINS P,O. BOX 5S0, FORT COLLINS, COLORADO S0322 PH (303) 483-4220
ENGINEERING DIVISION
September 13, 1979
Pleasant Valley and Lake Canal Company
°4r. 1,ard Fischer
First National Tower Building
Fort Collins, Colorado
Re: Brown Farm 6th and 7th
TO WHOM 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 -jassed 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,
Maurice E. Rupel, P.E. & L.S.
Development Engineer
EXT. 728
CITY OF FORT COLLINS ;
DEVELOPMENT SE=RVICES — ENGINEERING i
October 6, 1986
Jack Cochran
Wheeler Realty Company J ��
1331 8th Avenue
Greeley, Colorado 80631
RE: Brown Farm 7th Filing - Drake Road Development
Dear Jack,
1.
Ive
We have in our project files a letter from you dated August 2, 1986
regarding the improvements to Drake Road required by the Brown Farm 7th
Filing. That letter was to confirm our agreement to delay the Drake Road
improvements until such time as the property on the south side of Drake
Road developed.
The [wail Hollow P.U.D. First Filing has gained final approval from the
City of Fort Collins Planning and Zoning Board and is currently under
construction.
This letter is to formally request Wheeler Realy Company improve their half
of Drake Road in conformance with the approved utility plans.
It appears that the decision to allow you- the benefit of delaying these
improvements was, in part, to allow a coordinated or combined construction
of Drake Road. I believe this idea has much merit, and would urge you to
explore this with the develper on the south side of the road.
One method of accomplishing this combined construction is the formation of
a special improvement district, which I would be happy to discuss with you.
Jack Cochran
October 6, 1986
Page 2
In any case, the required improvements should be completed by December 31,
1987.
If you have any questions, please feel free to call me at 221-66U5.
Sincerely,
Matt J. BaiCer
Civil Engineer II
cc: Bill Neal, Wheeler Realty
Dan R. Jensen, d. Jensen Enterprises
CITY OF FORT COLLINS
June 3, 1987
Wheeler Realty Company
Corporate Offices
1331 8th Avenue
Greeley, Colorado 80631
Re: Brown Farm 7th Filing; Drake Road Development
Gentleman:
On September 21, 1979, the City and Wheeler Realty Company
entered into a subdivision agreement for the development of
Brown Farm, 6th and 7th filing. As a result of the development
of the Brown Farm 6th and 7th filing, a certain portion of Drake
Road was :required to be improved. On August 2, 1983, the under-
standing with regard to the improvement of Drake Road was further
confirmed by Wheeler Realty Company pursuant to a letter from
Jack P. Cochran, Land Development Manager to Mauri Rupel, of the
City. A copy of the August 2, 1983 letter is enclosed. On Octo-
ber 6, 1986, Matt Baker, an employee of the City of Fort Collins
forwarded a letter to Mr. Cochran requesting Wheeler Realty to
improve its half of Drake Road in conformance with the approved
utility plans. A copy of Mr. Baker's letter is enclosed for your
reference.
The City has received no correspondence or reply from Mr.
Baker's letter, and Wheeler Realty Company has, to my knowledge,
not taken any steps to comply with its promises as outlined in
the August 2, 1983 letter of Mr. Cochran.
Subsequent to the approval of the Brown Farm 6th and 7th
filings, Wheeler Realty Company (with respect to Summerville
P.U.D.) and Wheeler Realty of Fort Collins (with respect to Fair-
brooke Subdivision, second filing) entered into additional devel-
opment agreements with the City, which development agreements
provide as follows:
In addition, it is agreed and understood between the Deve-
loper and the City that the City shall have the right to
refuse issuance of building permits and certificates of
T _�uu LarrorLe Nve r u. tfox nt u • Fort L:oliins, Colorado 60522 • (303) 221 -6520
ATTORNEY
Brown Farm 7th Filing
Page 2
June 3, 1987
occupancy in the subject development (Summerville and Fair-
brooke) as the City, in its sole discretion, shall deem nec-
essary in order to insure performance by the Developer of
whether pursuant to other development agreements, or other-
wise.
Please be advised that the City will henceforth refuse to
issue building permits in Summerville P.U.D. and Fairbrooke Sub-
division, second filing, until the Drake Road improvements have
been completed, or Wheeler Realty Company has made sufficient
assurances to the City, supported by bonded contracts, that the
improvements will in fact be promptly commenced and completed.
WPA:kkg
cc: Jim Newell
Felix Lee
Since y,
W. Paul Eckman
Assistant City Attorney
WPA WHEELER.LTR 6387
C,'TY OF FORT COLLINS
DEVELOPMENT SERVICES — ENGINEERING
October 6, 1986
Jack Cochran
Wheeler Realty Company
1331 dth Avenue
Greeley, Colorado 80631
RE: Brown Farm 7th Filing - Drake Road Development
Dear Jack,
We have in our project files a letter from you dated August 2, 1986
regarding the improvements to Drake Road required by the Brown Farm 7th
Filing. That letter was to confirm our agreement to delay the Drake Road
improvements until such time as the property on the south side of Drake
Road developed.
The Quail Hollow P.U.D. First Filing has gained final approval from the
City of Fort Collins Planning and Zoning Board and is currently under
construction.
This letter is to formally request Wheeler Realy Company improve their half
of Drake Road in conformance with the approved utility plans.
It appears that the decision to allow you the benefit of delaying these
improvements was, in part, to allow a coordinated or combined construction
of Drake Road. I believe this idea has much merit, and would urge you to
explore this with the develper on the south side of the road.
One method of accomplishing this combined construction is the formation of
a special improvement district, which I would be happy to discuss with you.
DEVELOPMENT SERVICES —
ENGiNEERING
300 LaPorte Ave. • PO. Box 580 • Fort Collins, Colorado 80522 • (303) 221 6605
ia
Jack Cochran
October 6, 1936
Page 2
In any case, the required improvements should be completed by December 31,
1987.
If you have any questions, please feel free to call me at 221-6605.
Sincerely,
C� J
Matt J. BaNer
Civil Engineer II
cc: Bill (deal„ Wheeler Realty
Dan R. Jensen, d. Jensen Enterprises
I�
J U N 1 2 1999
June 13, 1989.'
Mr. Gary Diede, Director of Engineering
CITY OF` F ORZ C OLL INS
300 LaPorte Avenue
Ft. Collins , Colorado 80522-0580
Re: Missing sidewalk on West Drake, from Taft -hill.
Dear Mr. Diede:
I am encloFing your recent letter so that you will know
all the pertinent facts about the above captioned subject.
Thank you very much for your answer to my first letter
and the explanation as to why work urill not be done on
the much needed sidwalk. Maybe a compromise can be made
that would benefit the people, especially our children,
in this area.
If the sidewalk on the north side of Drake, from Taft -Hill,
going west, could be extended only two more blocks from
where it is now, people could then cross the strCet and use
the s idwalk on the south side (wail Hollow area), where it
already extends to Overland Trail.
We could ride our bicycles then, walk to the .crake Crossing
shopping area, and I'm sure the children in this area, could
even walk to Blevins Junior High. Our grandchildren, living
on the other side of Taft -Hill, could also come to visit
and especially during the winter months, or rainy days, we
wou ldn't have to walk in the gravel, weeds, etc., as it is
now.
Your attention to this matter would certainly be appreciated
and if you could possibly ta�.e a personal look in this area
I'm sure you would better understand what I am sugges ag.
Sincerely,
Mrs. John J. Pernicka (and Mr. John J. Pernicka)
2636 Dumire Ct.
Ft. Collins, CO. 60526
Encl. p
.(ii� r.��..t'i(. ,!- 'LL�(" (/4LE L C✓.. C-?%'C--'Yc � � --
�,�
The City of Fort Collins is interested in hearing from you. Our program of two-
way communication involves not only providing you with information abouc
the City, but also listening to your comments and suggestions as well. Please
cake a couple of minutes to let us know what you think about our service. our
programs, how well we keep tiou informed. or any other aspect of Cicc
government.
Thank You
Comments / Suggestions:
hat I'd like to know is...
.- � fie, w
Name: 1—^ J
Address: MJ ;�S PhMPas Or ��� Cr,(( •. CJ 8�5z,�o
Telephone Number: 'Z World lHomei
I)evel, nent Services
Engineering Department
City of Fort Collins
March 30, 1990
Mr. Craig Schmidt
2725 Pampas Drive
Fort Collins, Colorado 80526
Re: Drake Road at Brown Farm
Dear Mr. Schmidt:
03-30-90
cc: Johnie Pearson
Donna Groves
Engineering File
Thank you for sharing your concerns about the absence of sidewalk on Drake
Road between Taft Hill Road and Overland Trail.
The City filed a lawsuit against the developers of Brown Farm --the
development on the north side of the road. These developers had agreed to
construct Drake Road, including the sidewalk, but had failed to do so, and
the City went to court to force the construction.
The court has now ruled that these developers are, indeed, responsible for
the construction of Drake Road. At a hearing on March 14, the court
ordered the developers to pay the City the full amount we were requesting
based on our estimates of the construction cost. Once the City receives
this money from the developers, we plan to use it to construct the north
side of Drake Road and the sidewalk.
We had hoped to be able to complete this construction by the end of the
year. However, we understand the developers of Brown Farm may appeal the
court's decision, which would delay the construction of the road and
sidewalk by a year or more. The developers have about two months to enter
an appeal.
300 LaPorte Avenue - P.O. faux 580 - Fort Collins, CO 80522-0580 - (303) 22:-6605
Mr. Craig Schmidt
Page TWo
If the developers do appeal the decision, delaying the construction of
Drake Road beyond 1991, we will look into constructing some sort of
temporary solution to the pedestrian problem along the road. This
temporary solution might be widening the existing pavement and striping it
to clearly delineate a bicycle/pedestrian path, or a separate asphalt path
away frcan the roadway, or a combination of both. Since the north side of
the road is largely developed, while the south side east of Quail Hollow is
still undeveloped, the temporary sidewalk improvements will most likely be
installed on the north side of Drake. The Transportation Department has
been contacted about installing a pedestrian crossing signal on Drake.
They did not believe a signal would be advisable at this time, but the
E7xgineering staff will discuss this issue with Transportation when they
look into the temporary improvements in more detail.
When we know whether or not the Brawn Farm developers are going to appeal
the court decision, and we have a better idea of when some construction
might occur, I will get in touch with you. As I noted earlier, the
developers have two months to enter an appeal.
Let me assure you that the City shares your concern about the need for
effective pedestrian improvements to provide an alternative to automobile
traffic. In fact, one of the Transportation Department's projects for
1990-1991 is to develop a comprehensive Pedestrian Plan.
Thank you again for your interest in the sidewalks along Drake Road.
Sincerely,
Gary Diede
Director of Engineering
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
Dm"ejovmr Services
.k;,.
BRIEFING MEMORANDUM
DATE: August 10, 1990
TO: Mayor and Members of City Council
FROM: Gary Diede, Director of Engineering
RE: Construction of Drake Road Improvements -- Brown Farm Subdivision.
ISSUE:
Engineering staff needs Council direction on how to proceed with Drake Road
improvements.
BACKGROUND:
For several years, Wheeler Realty refused to fulfill their obligation to improve Drake
Road along their frontage to the Brown Farm 6th and 7th Filing.
In 1987, the Quail Hollow development on the south side of Drake Road was approved
and the City requested Wheeler Realty complete their portion of Drake Road
improvements in conjunction with the Quail Hollow PUD improvements. Wheeler
Realy claimed that they were not responsible for these improvements and the City
filed suit against Wheeler Realty. Quail Hollow PUD widened a portion of Drake
Road in order to get access to their development, however the City requested that the
final asphalt on the widening and the entire existing roadway be left incomplete due
to the elevation difference and until the lawsuit was resolved. At this point, the City
has won a judgement against Wheeler Realty for approximately $112,000 for the
improvements to Drake Road. The judgement is being appealed and staff expects
another 6 to 12 months until final resolution.
Quail Hollow PUD has developed to the point that the inprovements are needed at the
intersection of Drake Road and Overland Trail to gain a second point of access to the
existing development.
The developer would also like to complete his existing obligation to construct the
south half of Drake Road at this time. Because the elevation difference (up to 9
inches) would make this construction very difficult without the Brown Farm
improvements, Engineering staff has looked at three options to completeing Drake
Road improvements.
LOCATION OF PROPOSED IMPROVEMENTS:
The Quail Hollow development and the Brown Farm Subdivision each have
approximately 1900 linear feet of frontage on Drake Road, however the properties are
offset from each other by about 600 linear feet. The West property line boundary of
the Quail Hollow development is Overland Trail, the Brown Farm Subdivision's West
Property line is 600 feet East of Overland Trail. The two developments have 1300
linear feet of common frontage along Drake Road (see attachment 1).
OPTION 1
Delay the construction of Drake Road until the Wheeler lawsuit is finally resolved.
The City has won a judgement for $112,000 for the cost of Drake Road improvements.
The monetary amount is not being appealed, only the responsibility of Wheeler Realty
to pay for those improvements. Our Legal staff anticipates the lower court ruling to
be upheld. The appeal may take another year to finally resolve. Once the lawsuit is
finally resolved, the City would ask the Quail Hollow developer to proceed with his
improvements along Drake Road in cooperation with the City in completing the Brown
Farm improvements.
The positive point of this option is that the City would not expend funds for the
Brown Farm improvements until it received the monetary judgement from Wheeler
Realty. However, even if there were no monetary judgement received, it would fall to
the City by default to construct these improvements, either by Capital Project or some
other mechanism.
The negative points about this option are related to the further delay in construction.
The City has already asked the Quail Hollow developer to delay construction of his
required improvements for two years. As he continues to develop and sell lots, it
becomes increasingly more difficult for him to collateralize a development loan for the
improvements on the remaining raw land, especially as this land gets further away
from the benefit of the improvements. The Quail Hollow developer is poised to
complete the work at this time in conjunction with the improvements to Overland
Trail. A further delay would increase his costs to construct the improvements. The
City has received many complaints about the lack of sidewalks and bike lanes along
Drake Road from the neighborhoods. These complaints are likely to increase as the
Quail Hollow PUD continues to develop, putting more traffic volume onto Drake
Road.
OPTION 2
Have the Quail Hollow development complete its improvements, constructing Drake
Road along the South side at one half width, without the Brown Farm improvements.
This option allows the Quail Hollow developer to complete his improvements along the
South side of Drake road with curb gutter and sidewalk for a half width arterial 35
feet wide. A temporary six foot wide bike lane could be added to the north side as a
temporary measure to install bike lanes along this portion.
The negative points about this option are related to the actual construction of the
improvements. The elevation difference between the existing grades and the design
grade would result in a nine inch drop off along the north edge of pavement. This
area would have to be filled with material at additional cost for a safe shoulder.
Over 30 feet in width of the existing roadway would be covered, and temporary
conections to the existing collector streets would be constructed. This work and the
temporary bike lane, if installed, would cost approximately $50,000 and would have to
be removed in the future to construct the Brown Farm improvements. There still
would be no room for left turn lanes in Drake Road for the three intersecting streets
in this area. In addition, there would be over 600 feet of unimproved road between
the Quail Hollow improvements and the existing improvements to Drake Road to the
East.
OPTION 3
Complete the Brown Farm Improvements in conjunction with the Quail Hollow
improvements at this time.
All street improvements would be constructed in conjunction with and as a part of the
Quail Hollow construction contract. There would be savings in the construction cost
because of the elimination of temporary improvements, savings in importing additional
fill material by using excavated material on the Brown Farm side, and in bid prices
because of the additional scope of work. The City would not have to expend
manpower in project management and engineering, however the improvements would
be City inspected and approved through the normal subdivision process. Since this is
an arterial street, the street oversizing fund would normally reimburse some of the
costs to the developer who constructed the improvements. The fund would also pay
for the Brown Farm portion at this time and receive payment for this work upon
resolution of the Wheeler lawsuit. There would be some savings in completing the
improvements in conjunction with the Quail Hollow improvements, resulting a net
savings to the street oversizing fund upon the resolution of the legal action with
Wheeler Realty. The neighborhood would have sidewalks and bikelanes and a safer
traffic situation for residents. Left turn lanes would allow greater traffic flow and
safety.
On the negative side, the street oversizing fund would have to up front the developers
portion of the Brown Farm improvements until resolution of the lawsuit appeal. The
normal street oversizing portion for these improvements have been budgeted in the
street oversizing fund for the last two years, because of the Quail Hollow development
and anticipating a resolution to the Brown Farm action. The street oversizing fund
will have to pay for a portion of the Brown Farm improvements, but should be repaid
by monies received by judgement in the Wheeler Realty legal action. The total cost to
the street oversizing fund is estimated to be $225,000 for this project, of which
$92,000 would be repaid by Wheeler Realty. Currently, the street oversizing fund has
a balance of $1,400,000 available, of which 1,200,000 was apppropriated for
expenditure in 1990, including these projects. Construction of these improvements at
this time should have no negative effect on other street oversizing reimbursements
anticipated this year.
CONCLUSION:
Staff has analyzed the options and recommends Option 3, complete the Brown Farm
improvements in conjunction with the Quail Hollow improvements at this time for the
following reasons:
1. The difficulty in constructing partial or interim improvements.
2. The construction work being begun by the Quail Hollow developer on Overland
Trail and Drake Road, and his desire to complete his Drake Road
improvements at this time.
3. The cost savings realized by constructing both developments at the same time
rather than constructing temporary improvements is approximately $50,000.
4. The impact to neighborhood, pedestrian, and bicyclist safety and the existing
neighborhood concern.
The City Attorney's office has indicated that any construction of improvements will
have no bearing on the appeal in progress.
If Council agrees with Option 3, construction should begin in the next few weeks with
completion scheduled for late September or early November. Construction will have to
work around the CSU football home schedule as this is a major route to the stadium.
_J
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DRAKE RD.
-------
BREIFING MEMORANDUM
DATE: August 24, 1990
TO: Mayor and Members of City Council
THRU: Steven C. Burkett, City Manager
James M. Davis, Community Development Director
FROM: Gary Diede, Director of Engineering
Matt Baker, Civil Engineer
RE: Construction of Drake Road Improvements;
Brown Farm Subdivision.
This memo is to update City Council on actions the City is taking to reconstruct Drake
Road west of Taft Hill Road.
With the City Manager's approval, road construction on the intersection of Drake
Road and Overland Trail and along Drake Road at the Brown Farm 7th Subdivision is
scheduled to begin on the week of September 24, 1990. These improvements will
finally complete the North side of Drake Road, including curb, gutter and sidewalk
along the Brown Farm frontage.
The project is scheduled for completion in early November. Construction is planned to
work around the CSU football home schedule as this is a major route to the stadium.
Engineering staff has met with the Police Department regarding the schedule and the
traffic plan for the football games and believes that the construction schedule will not
significantly affect the traffic flow into the stadium.
BACKGROUND:
For several years, 'Wheeler Realty has refused to fulfill their obligation to improve
Drake Road along their frontage to the Brown Farm 6th and 7th Filing.
Wheeler Realty claimed that they were not responsible for these improvements and the
City had to file suit against them. At this point, the City has won a judgement
against Wheeler Realty for approximately $112,000 for the improvements to Drake
Road. The judgement is currently under appeal. The monetary amount is not being
appealed, only the responsibility of Wheeler Realty to pay for those improvements.
Our Legal staff anticipates the lower court ruling to be upheld. The appeal may take
another year to finally resolve.
Drake Road, Sept. 19, 1990 -- Page Two
The Quail Hollow development and the Brown Farm Subdivision each have
approximately 1900 linear feet of frontage on Drake Road, however the properties are
offset from each other by about 600 linear feet. The West property line boundary of
the Quail Hollow development is Overland Trail, the Brown Farm Subdivision's West
Property line is 600 feet East of Overland Trail. The two developments have 1300
linear feet of common frontage along Drake Road (see attachment).
Quail Hollow PUD just south of Brown Farm has developed to the point that they
need to complete their improvements to Drake Road and Overland Trail. In Drake
Road there is an elevation difference (up to 9 inches between the new road and the
existing asphalt) which would make this construction very difficult without the
Brown Farm improvements.
The City has asked the Quail Hollow developer to delay construction of his required
improvements since 1988 in order to coordinate the construction of improvements with
the Brown Farm development. Now, any further delay would increase his costs to
construct his improvements. As he continues to develop and sell lots, it becomes
increasingly more difficult for him to collateralize a development loan for the
improvements on the remaining raw land, especially as this land gets further away
from the benefit of the improvements. The Quail Hollow developer is ready to
complete his work at this time.
The difficulty in constructing only one half of the street at this time is the elevation
difference between the existing grades and the design grade which would result in a
nine inch drop off along the north edge of pavement. This area would have to be
filled with material at additional cost for a safe shoulder. Over 30 feet in width of
the existing roadway would be covered, and temporary conections to the existing
collector streets would be constructed. This work and the temporary bike lane, if
installed, would cost approximately $50,000 and would have to be removed in the
future to construct the Brown Farm improvements. There still would be no room for
left turn lanes in Drake Road for the three intersecting streets in this area. In
addition, there would be over 600 feet of unimproved road between the Quail Hollow
improvements and the existing improvements to Drake Road to the East.
The City has received many complaints about the lack of sidewalks and bike lanes
along Drake Road from the neighborhoods. These complaints are likely to increase as
the Quail Hollow PUD continues to develop, putting more traffic volume onto Drake
Road.
Drake Road, Sept 19, 1990 -- Page Three
CONCLUSION:
Engineering staff has asked the Quail Hollow developer to complete the Brown Farm
improvements in conjunction with the Quail Hollow improvements at this time, for the
following reasons:
1. To eliminate the difficulty in constructing partial or interim improvements.
2. To allow the Quail Hollow developer to complete his Drake Road improvements
at this time.
3. To realize $50,000 in cost savings by constructing both developments at the
same time rather than constructing temporary improvements.
4. To improve the neighborhood, pedestrian, and bicyclist safety and the existing
neighborhood concerns.
All street improvements will be constructed in conjunction with and as a part of the
Quail Hollow construction contract. There will be savings in the construction cost
because of the elimination of temporary improvements, savings in importing additional
fill material by using excavated material on the Brown Farm side, and savings in bid
prices because of the additional scope of work. The City will have reduced expenses
in project managennent and engineering, however the improvements will be City
inspected and approved through the normal subdivision process. Since this is an
arterial street, the street oversizing fund normally reimburses some of the costs to the
developer. The fund will also pay for the Brown Farm portion at this time and
receive repayment for this work upon resolution of the Wheeler lawsuit.
This solution means that the street oversizing fund will have to up front the
developers portion of the Brown Farm improvements until resolution of the lawsuit
appeal. The normal street oversizing portion ($113,000) for these improvements to the
Quail Hollow development and the Brown Farm Subdivision have been budgeted in the
street oversizing fund for the last two years. The total cost to the street oversizing
fund is estimated to be $225,000 for this project, of which $112,000 is expected to be
repaid by Wheeler Realty. Currently, the street oversizing fund anticipates a year end
balance of $1.8 million at the end of 1990, including the expenditures for these two
projects. This balance is indicative of a healthy street oversizing fund that has
turned around from a negative balance four years ago. Construction of these
improvements at this time should have no negative effect on other street oversizing
reimbursements anticipated this year.
Drake Road, Sept. 19, 1990 -- Page Four
Because the Brown Farm improvements are a street widening obligation of the Brown
Farm development and the street oversizing fund would normally participate in the
costs of this and the Quail Hollow improvements, Engineering staff believes it is
appropriate in this case to up front the Wheeler Realty portion of the improvements
until the resolution of the lawsuit. Even if the court should overturn the decision
against Wheeler Realty in their appeal, the responsibility for reconstruction of Drake
Road would fall to the City by default. At that time, staff will look at the options
for reimbursing the cost of the developer's portion expended by the street oversizing
fund.
The City Attorney's office has indicated that any construction of improvements will
have no bearing on the appeal in progress.
Devel,.. _.,went Services
BREIFING MEMORANDUM
DATE: August 29, 1990
TO: Steven C. Burkett, City Manager
THRU: James M. Davis, Community Development Director ll
Gary Diede, Director of Engineering
FROM: Matt Baker, Civil Engineer
RE: Construction of Drake Road Improvements;
Brown Farm Subdivision.
ISSUE:
Engineering staff needs City Manager direction on how to proceed with Drake Road
improvements. The City Manager may wish to share this information with Council at
his discretion.
BACKGROUND:
For several years, Wheeler Realty has refused to fulfill their obligation to improve
Drake Road along their frontage to the Brown Farm 6th and 7th Filing.
Wheeler Realy claimed that they were not responsible for these improvements and the
City had to file suit against them. At this point, the City has won a judgement
against Wheeler Realty for approximately $112,000 for the improvements to Drake
Road. The judgement is being appealed and staff expects another 6 to 12 months until
final resolution.
Quail Hollow PUD just south of Brown Farm has developed to the point that they
need to complete their improvements to Drake Road and Overland Trail. In Drake
Road there is an elevation difference (up to 9 inches between the new road and the
existing asphalt) which would make this construction very difficult without the
Brown Farm improvements.
Engineering staff has looked at three options to completing Drake Road improvements.
-1i 'iii, • i'.^.� lice ` '-i.'�i} i _J1C)"
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.
Wi 11 iam A. Neff-0-9ton
Director of Engineering
WAH:jf
W.O. 3281
Enclosures
LOCATION OF PROPOSED IMPROVEMENTS
The Quail Hollow development and the Brown Farm Subdivision each have
approximately 1900 linear feet of frontage on Drake Road, however the properties are
offset from each other by about 600 linear feet. The West property line boundary of
the Quail Hollow development is Overland Trail, the Brown Farm Subdivision's West
Property line is 600 feet East of Overland Trail. The two developments have 1300
linear feet of common frontage along Drake Road (see attachment).
OPTION I
Delay the construction of Drake Road until the Wheeler lawsuit is finally resolved.
The City has won a judgement for $112,000 for the cost of Drake Road improvements.
The monetary amount is not being appealed, only the responsibility of Wheeler Realty
to pay for those improvements. Our Legal staff anticipates the lower court ruling to
be upheld. The appeal may take another year to finally resolve. Once the lawsuit is
finally resolved, the City would ask the Quail Hollow developer to proceed with his
improvements along Drake Road in cooperation with the City in completing the Brown
Farm improvements.
The positive point of this option is that the City would not expend funds for the
Brown Farm improvements until it received the monetary judgement from Wheeler
Realty. However, even if there were no monetary judgement received, it would fall to
the City by default: to construct these improvements, either by Capital Project or some
other mechanism.
The negative points about this option are related to the further delay in construction.
The City has already asked the Quail Hollow developer to delay construction of his
required improvements for two years. As he continues to develop and sell lots, it
becomes increasingly more difficult for him to collateralize a development loan for the
improvements on the remaining raw land, especially as this land gets further away
from the benefit of the improvements. The Quail Hollow developer is poised to
complete the work at this time in conjunction with the improvements to Overland
Trail. A further delay would increase his costs to construct the improvements. The
City has received many complaints about the lack of sidewalks and bike lanes along
Drake Road from the neighborhoods. These complaints are likely to increase as the
Quail Hollow PUD continues to develop, putting more traffic volume onto Drake
Road.
OPTION 2
Have the Quail Hollow development complete its improvements, constructing Drake
Road along the South side at one half width, without the Brown Farm improvements.
This option allows the Quail Hollow developer to complete his improvements along the
South side of Drake road with curb gutter and sidewalk for a half width arterial 35
feet wide. A temporary six foot wide bike lane could be added to the north side as a
temporary measure to install bike lanes along this portion.
The negative points about this option are related to the actual construction of the
improvements. The, elevation difference between the existing grades and the design
grade would result in a nine inch drop off along the north edge of pavement. This
area would have tobe filled with material at additional cost for a safe shoulder.
Over 30 feet in width of the existing roadway would be covered, and temporary
conections to the existing collector streets would be constructed. This work and the
temporary bike lane, if installed, would cost approximately $50,000 and would have to
be removed in the future to construct the Brown Farm improvements. There still
would be no room for left turn lanes in Drake Road for the three intersecting streets
in this area. In addition, there would be over 600 feet of unimproved road between
the Quail Hollow improvements and the existing improvements to Drake Road to the
East.
OPTION 3
Complete the Brown Farm Improvements in conjunction with the Quail Hollow
improvements at this time.
All street improvements would be constructed in conjunction with and as a part of the
Quail Hollow construction contract. There would be savings in the construction cost
because of the elimination of temporary improvements, savings in importing additional
fill material by using excavated material on the Brown Farm side, and in bid prices
because of the additional scope of work. The City would not have to expend
manpower in project management and engineering, however the improvements would
be City inspected and approved through the normal subdivision process. Since this is
an arterial street, the street oversizing fund would normally reimburse some of the
costs to the developer who constructed the improvements. The fund would also pay
for the Brown Farm portion at this time and receive payment for this work upon
resolution of the Wheeler lawsuit. There would be some savings in completing the
improvements in conjunction with the Quail Hollow improvements, resulting a net
savings to the street oversizing fund upon the resolution of the legal action with
Wheeler Realty. The neighborhood would have sidewalks and bikelanes and a safer
traffic situation for residents. Left turn lanes would allow greater traffic flow and
safety.
On the negative side, the street oversizing fund would have to up front the developers
portion of the Brown Farm improvements until resolution of the lawsuit appeal. The
normal street oversizing portion for these improvements have been budgeted in the
street oversizing fund for the last two years, because of the Quail Hollow development
and anticipating a resolution to the Brown Farm action. The street oversizing fund
will have to pay for a portion of the Brown Farm improvements, but should be repaid
by monies received by judgement in the Wheeler Realty legal action. The total cost to
the street oversizing fund is estimated to be $225,000 for this project, of which
$1 12,000 would be repaid by Wheeler Realty. Construction of these improvements at
this time would not significantly affect the street oversizing fund and we expect to
have a healthy $1.4 million balance at the end of this year.
Although staff is very encouraged by the court decision against Wheeler Realty, there
exists the chance that the appeal may overturn the decision. If this happens, the
street oversizing fund would already have paid for the Brown Farm portion of the
improvements. At that time staff would consider alternatives to the responsibility of
of cost of the developer's portion.
One alternative could be that the developer's portion paid up front by the fund could
be repaid to the street oversizing fund with a budget increase over time.
Or, the City could assume that the cost of these improvements were already paid using
the City's general fund contribution to the street oversizing fund. Engineering staff
believes it would be appropriate in this case to cover the developer's portion, if
necessary, within the existing street oversizing program. No additional funds would
then be needed to repay the fund for the Brown Farm developer's portion.
CONCLUSION
Staff has analyzed the options and recommends Option 3, complete the Brown Farm
improvements in conjunction with the Quail Hollow improvements at this time for the
following reasons:
1. The difficulty in constructing partial or interim improvements.
2. It would allow the Quail Hollow developer to complete his Drake Road
improvements at this time.
3. The cost savings realized by constructing both developments at the same time
rather than constructing temporary improvements is approximately $50,000.
4. The impact to neighborhood, pedestrian, and bicyclist safety and the existing
neighborhood concern.
The City Attorney's office has indicated that any construction of improvements will
have no bearing on the appeal in progress.
I the City Manager agrees with Option 3, construction should begin in the next few
weeks with completion scheduled for early November. Construction will have to work
around the CSU football home schedule as this is a major route to the stadium.
Engineering staff has met with the Police Department regarding the schedule and the
traffic plan for the! football games and believes that the construction may be
scheduled so as to not significantly affect the traffic flow into the stadium.
Devc pment Services
Engineering Department
Cite of Fort Collins
August 29, 1990
Dan Jensen
d. Jensen Enterprises
2602 Rasquinel Drive
Fort Collins, CO 80526
RE: Construction of Drake Road Improvements
Dear Dan,
Thanks for your time and help in discussing the improvements to Drake Road and
Overland Trail. As you are aware, Wheeler Realty has refused to fulfill their
obligation to improve Drake Road along their frontage to the Brown Farm 6th and 7th
Filing. Wheeler Realy claimed that they were not responsible for these improvements
and the City had to file suit against them. At this point, the City has won a
judgement against Wheeler Realty for approximately $112,000 for the improvements to
Drake Road. The judgement is being appealed and staff expects another 6 to 12
months until final resolution.
In Drake Road there is an elevation difference (up to 9 inches between the new road
and the existing asphalt) which would make final construction of the Quail Hollow
PUD improvements very difficult without the Brown Farm improvements.
The City has analyzed the options and has decided to complete the Brown Farm
improvements in conjunction with the Quail Hollow improvements at this time.
Specifically, the City will reimburse you for costs accociated with oversizing Drake
Road and Overland Trail above the local access portion in accordance with Section
24-121 of the Code of the City of Fort Collins. In addition, the City will reimburse
you for all costs associated with the construction of the Drake Road improvements for
the Brown Farm subdivision, including engineering and construction management
costs. As we discussed, the City will pay the contractor directly, after you submit
invoices documenting the completed work.
100 I.il'orte a%°(2nue • P.O. Box 7)80 • Fort Collins, CO 50522-0580 • (303) 221-f,ho;
Construction will have to work around the CSU football home schedule as this is a
major route to the stadium. Engineering staff has met with the Police Department
regarding the schedule and the traffic plan for the football games and believes that
the construction may be scheduled so as to not significantly affect the traffic flow
into the stadium. However, this will take a comittment to and an understanding of the
needs of the CSU Football traffic plan by the contractors and engineer for this
project. It is very important to have this route open with at least two paved lanes
during each home football weekend. I believe this can be readily accomplished.
I am looking forward to having these improvements finally completed and want to
thank you again for your help in this project.
Sincerely,
Glatt J. Baker /
SID Coordinator
City of Ft. Collins
Develooment Services
Engineering Department
MEMORANDUM
DATE: September 19, 1990
TO: Mayor and Members of City Council
THRU: Steven C. Burkett, City Manager
James M. Davis, Community Development Director/ VV/
FROM: Gary Diede, Director of Engineering
Matt Baker, Civil Engineer4--f
RE: Construction of Drake Road Improvements;
Brown Farm Subdivision.
This memo is to update City Council on actions the City is taking to reconstruct Drake
Road west of Taft Hill Road.
With the City Manager's approval, road construction on the intersection of Drake
Road and Overland Trail and along Drake Road at the Brown Farm 7th Subdivision is
scheduled to begin on the week of September 24, 1990. These improvements will
finally complete the North side of Drake Road, including curb, gutter and sidewalk
along the Brown Farm frontage.
The project is scheduled for completion in early November. Construction is planned to
work around the CSU football home schedule as this is a major route to the stadium.
Engineering staff has met with the Police Department regarding the schedule and the
traffic plan for the football games and believes that the construction schedule will not
significantly affect the traffic flow into the stadium.
BACKGROUND:
For several years, Wheeler Realty has refused to fulfill their obligation to improve
Drake Road along their frontage to the Brown Farm 6th and 7th Filing.
Wheeler Realty claimed that they were not responsible for these improvements and the
City had to file suit against them. At this point, the City has won a judgement
against Wheeler Realty for approximately $112,000 for the improvements to Drake
Road. The judgement is currently under appeal. The monetary amount is not being
appealed, only the responsibility of Wheeler Realty to pay for those improvements.
Our Legal staff anticipates the lower court ruling to be upheld. The appeal may take
another year to finally resolve.
I ,,.Portr P.O. Boy :;80 • Fort Collins, CO 807,22-07)80 • O0',) 221-tioo;
Drake Road, Sept. 19, 1990 -- Page Two
The Quail Hollow development and the Brown Farm Subdivision each have
approximately 1900 linear feet of frontage on Drake Road, however the properties are
offset from each other by about 600 linear feet. The West property line boundary of
the Quail Hollow cevelopment is Overland Trail, the Brown Farm Subdivision's West
Property line is 600 feet East of Overland Trail. The two developments have 1300
linear feet of common frontage along Drake Road (see attachment).
Quail Hollow PUD just south of Brown Farm has developed to the point that they
need to complete their improvements to Drake Road and Overland Trail. In Drake
Road there is an elevation difference (up to 9 inches between the new road and the
existing asphalt) which would make this construction very difficult without the
Brown Farm improvements.
The City has asked the Quail Hollow developer to delay construction of his required
improvements since 1988 in order to coordinate the construction of improvements with
the Brown Farm development. Now, any further delay would increase his costs to
construct his improvements. As he continues to develop and sell lots, it becomes
increasingly more difficult for him to collateralize a development loan for the
improvements on the remaining raw land, especially as this land gets further away
from the benefit of the improvements. The Quail Hollow developer is ready to
complete his work at this time.
The difficulty in constructing only one half of the street at this time is the elevation
difference between the existing grades and the design grade which would result in a
nine inch drop off' along the north edge of pavement. This area would have to be
filled with material at additional cost for a safe shoulder. Over 30 feet in width of
the existing roadway would be covered, and temporary conections to the existing
collector streets would be constructed. This work and the temporary bike lane, if
installed, would cost approximately $50,000 and would have to be removed in the
future to construct the Brown Farm improvements. There still would be no room for
left turn lanes in Drake Road for the three intersecting streets in this area. In
addition, there would be over 600 feet of unimproved road between the Quail Hollow
improvements and the existing improvements to Drake Road to the East.
The City has received many complaints about the lack of sidewalks and bike lanes
along Drake Road from the neighborhoods. These complaints are likely to increase as
the Quail Hollow PUD continues to develop, putting more traffic volume onto Drake
Road.
Drake Road, Sept 19, 1990 -- Page Three
CONCLUSION:
Engineering staff has asked the Quail Hollow developer to complete the Brown Farm
improvements in conjunction with the Quail Hollow improvements at this time, for the
following reasons:
1. To eliminate the difficulty in constructing partial or interim improvements.
2. To allow the Quail Hollow developer to complete his Drake Road improvements
at this time.
3. To realize $50,000 in cost savings by constructing both developments at the
same time rather than constructing temporary improvements.
4. To improve the neighborhood, pedestrian, and bicyclist safety and the existing
neighborhood concerns.
All street improvements will be constructed in conjunction with and as a part of the
Quail Hollow construction contract. There will be savings in the construction cost
because of the elimination of temporary improvements, savings in importing additional
fill material by using excavated material on the Brown Farm side, and savings in bid
prices because of the additional scope of work. The City will have reduced expenses
in project management and engineering, however the improvements will be City
inspected and approved through the normal subdivision process. Since this is an
arterial street, the street oversizing fund normally reimburses some of the costs to the
developer. The fund will also pay for the Brown Farm portion at this time and
receive repayment for this work upon resolution of the Wheeler lawsuit.
This solution means that the street oversizing fund will have to up front the
developers portion of the Brown Farm improvements until resolution of the lawsuit
appeal. The normal street oversizing portion ($1 13,000) for these improvements to the
Quail Hollow development and the Brown Farm Subdivision have been budgeted in the
street oversizing fund for the last two years. The total cost to the street oversizing
fund is estimated to be $225,000 for this project, of which $112,000 is expected to be
repaid by Wheeler Realty. Currently, the street oversizing fund anticipates a year end
balance of $1.8 million at the end of 1990, including the expenditures for these two
projects. This balance is indicative of a healthy street oversizing fund that has
turned around from a negative balance four years ago. Construction of these
improvements at this time should have no negative effect on other street oversizing
reimbursements anticipated this year.
Drake Road, Sept. 19, 1990 -- Page Four
Because the Brown Farm improvements are a street widening obligation of the Brown
Farm development and the street oversizing fund would normally participate in the
costs of this and the Quail Hollow improvements, Engineering staff believes it is
appropriate in this case to up front the Wheeler Realty portion of the improvements
until the resolution of the lawsuit. Even if the court should overturn the decision
against Wheeler Realty in their appeal, the responsibility for reconstruction of Drake
Road would fall to the City by default. At that time, staff will look at the options
for reimbursing the cost of the developer's portion expended by the street oversizing
fund.
The City Attorney's office has indicated that any construction of improvements will
have no bearing on the appeal in progress.
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
John Michie
President
JM:kc
Attachment: Resolution adopted August, 1979
Enc: Engineer's Certification
Maintenance Acceptance by City of Fort Collins
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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 7und
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 canplete 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.