HomeMy WebLinkAbout217 W. TRILBY RD. - PDP - PDP120006 - CORRESPONDENCE - (6)GRANTOR —Troy Jennings
GRANTOR —James P. Simpson
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
2012, by Troy Jennings, and James P. Simpson, as Grantors.
Witness my hand and official seal.
My commission expires:
Page 3
Notary Public
2.07 All other rights necessary and incident to the full and complete use and enjoyment of
the right-of-way and easement for the purposes herein granted.
3. Grantor hereby covenants and agrees:
3.01 That Grantor shall not erect or place any permanent building, structure, improvement,
fence or tree on the described easement, and the Ditch Company shall not be liable for their removal
if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items.
3.02 That Grantor shall not excavate in or near the ditch and shall not diminish the ground
cover in the easement or over any water lines and shall not substantially add to the ground cover in
the easement or over the water lines or their appurtenances.
3.03 Grantor shall not grant any other easement, right-of-way, permit or license upon,
under or over said property without the written consent of the Ditch Company.
3.04 Grantor warrants that Grantor is the owner in fee of the above -described lands and
will defend the title thereto against all claims, and that said lands are free and clear of encumbrances
and liens of whatsoever character, except the following:
4. It is agreed by the parties:
4.01 Grantor reserves all oil, gas and other minerals in, on and under the above -described
lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere
with the rights and privileges herein granted to the Ditch Company.
4.02 Each and every one of the benefits and burdens of this easement and right-of-way
shall inure to and be binding upon the respective personal representatives, successors, and assigns of
the parties hereto.
4.03 The easement includes the right to clean by mechanical, chemical or burning the ditch
system, the right to deposit earth and other materials on the easement, the right to change the
location of the ditch within the easement or to place the irrigation system in an enclosed pipe.
4.04 The Ditch Company hereby expressly reserves an easement over and across the
Subdivision for the benefit of Ditch Company, its designated successors, their contractors,
employees, materialmen, and assigns for the purpose of conducting therein and thereon such work of
maintenance, improvement, construction, utility installation, development, and other reasonable
activities as the Ditch Company may deem necessary or desirable.
4.05 The Ditch Company is granted the full right and authority to cut, trim, remove,
destroy, or modify any trees, shrubs, grasses, structures, fences or other items within the easement or
not within the easement but may cause a hazard within the easement. Landowner shall not plant,
place or maintain any trees, shrubs, grasses, structures, fences or other items within the easement,
nor shall Landowner place or maintain fence within the easement. Gates or cattle guards shall be
installed in all fences so that the Ditch Company has easy passage to its ditch and facilities. The
Ditch Company shall be provided keys for all locked gates.
IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
Page 2
EXHIBIT `B"
EASEMENT AND RIGHT OF WAY AGREEMENT
This Easement and Right of Way Agreement, made and entered into as of the 13th day of
March, 2012, by and between Troy Jennings and James P. Simpson, 3621 Richmond Drive, Fort
Collins, CO 80525, hereinafter called "Grantor" (whether grammatically singular or plural), and
The North Loudon Ditch And Reservoir Company, c/o Jack Fetig, 7029 South College Avenue,
Fort Collins, Colorado 80525, hereinafter called the "Ditch Company."
1. For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its
successors and assigns, the sole, exclusive and permanent right to enter, re-enter, occupy and use the
hereinafter described property to construct, reconstruct, inspect, upgrade, increase size or capacity,
operate, repair, maintain, replace, remove and operate one or more open irrigation ditches and/or
pipelines and/or reservoirs for the storage, transmission, distribution and service of irrigation water,
and all above ground and underground and service appurtenances thereto, including metering
stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over,
across, under and upon the following described land, situate in the County of Larimer, State of
Colorado, to -wit:
COM AT NW COR OF NE OF NE 14-6-69, FTC, 657.2 FT, N 88 42' E TO A PT WH IS 660.26 FT W OF E
LN OF NE OF NE, N 0 T 15" W 270.14 FT TPOB, S 88 42' W 302.01 FT, N 0 4' 15" W 388.38 FT, N 88 44'
46" E 301.67 FT, S 0 7' 15" E 388.12 FT TPOB; a/k/a 217 West Trilby Road, Fort Collins, Colorado; Assessor
Parcel Number 96141-00-012, Schedule Number R0474134.
The easement and right of way for ditches shall be seventy feet wide, being thirty-five feet on each
side of the center line, or 25 feet from the top of the bank of the ditch on each side, whichever width
is greater.
2. Grantor further grants to the Ditch Company:
2.01 The right to grade the easement area for the full width thereof and to extend the cuts
and fills with such grading into and on the land along and outside of the easement to the extent as the
Ditch Company may find reasonably necessary;
2.02 The right to support the ditches and pipelines across ravines and water courses with
such structures as the Ditch Company shall deem necessary;
2.03 The right of ingress to and egress from the easement over and across all of the land of
Grantor by means of roads and lanes thereon, if such exists, otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to Grantor;
2.04 The right of grading for, constructing, maintaining and using such roads on and
across the lands as the Ditch Company may deem necessary in the exercise of the right of ingress
and egress or to provide access to property adjacent to the land;
2.05 The right to install, maintain and use gates and/or cattle guards in all fences which
now cross or shall hereafter cross the easement;
2.06 The right to mark the location of the easement by suitable markers set in the ground;
provided that any such markers remaining after the period of construction shall be placed in fences
or other locations which will not interfere with any reasonable use Grantor shall make of the
easement;
Page 1
217 WEST TRILBY ROAD SUBDIVISION
BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 NORTH,
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EXHIBIT "A"
COPY OF SUBDIVISION PLAT
(insert)
Page 1
ACCEPTED AND APPROVED:
LIENHOLDER:
I:
STATE OF
ss.
COUNTY OF )
The foregoing was acknowledged before me this _ day of 2_, by
, as as Lienholder.
Witness my hand and official seal.
My commission expires:
Page 7
Notary Public
THE NORTH LOUDON DITCH AND
RESERVOIR COMPANY, a Colorado
mutual irrigation company
55
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
President —Jack Fetig
The foregoing was acknowledged before me this _ day of 2012,by
Jack Fetig, as President of The North Loudon Ditch And Reservoir Company, a Colorado mutual
irrigation company.
Witness my hand and official seal.
My commission expires:
Page 6
Notary Public
(1) Claims asserted by any person or entity, including, but not limited to, employees of
Landowner or their contractors, subcontractors, or their employees;
(2) Claims arising from, or alleged to be arising in any way from, the existence at or near the
Subdivision of water or ditches or other associated facilities; or
(3) Claims arising from, or alleged to be arising in any way from, the acts or omissions of
Landowner their sublessees, invitees, agents, members, or employees.
8.06 Landowner shall maintain adequate liability insurance with standard waiver of
subrogation endorsement to insure the risks undertaken as a part of this Agreement in an amount not
less than one million dollars or such other amount set from time to time by the Ditch Company
naming the Ditch Company and the other indemnified parties as additional insureds. A certificate of
such insurance shall produced by Landowner upon request by the Ditch Company.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 13th day of March,
2012.
Landowner —Troy Jennings
Landowner —James P. Simpson
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this _ day of 2012,by
Troy Jennings, and James P. Simpson, as Landowner.
Witness my hand and official seal.
My commission expires:
Page 5
Notary Public
under the Agreement shall be assessed as a lien against the Subdivision; and the lien for such
assessment against the Subdivision shall inure to the benefit of the Ditch Company and its
stockholders for any amount due under the terms of the Agreement or otherwise. Such lien may be
foreclosed against the Subdivision, or any portion thereof, by the Ditch Company or its stockholders.
The provisions hereof shall constitute covenants running with the land, burdening and benefiting
each and every part of the properties and every interest therein. In addition, the provisions hereof
shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement
between owners. This Agreement affects the property and title of the Subdivision, and this
Agreement shall be recorded at the expense of Landowner, and after recording, the terms, conditions
and covenants of this Agreement shall become a covenant running with the land of the Subdivision.
This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be
enforceable by the Ditch Company or any of its shareholders, or both the Ditch Company and any of
its shareholders.
7.04 Construction, Waiver, Gender, Time of Essence. The provisions hereof shall be liberally
construed to effectuate their purpose of creating a uniform plan for the development and operation of
the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to
enforce said provision or any other provision hereof Whenever used in this Agreement, the singular
shall include the plural, the plural the singular, and the use of any gender shall include all genders.
Time is of the essence of this Agreement.
8. Liability and Indemnification.
8.01 Landowner and Landowner's successors and assigns, hereby specifically waive and
release all known or unknown Claims, damages, rights of indemnity, rights of contribution or other
rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or
may arise out of the maintenance, operation or use of the Ditch Company's ditch and easement,
including, but not limited to: flooding due to overflow or breach of the Ditch Company's ditch;
washing or erosion of the ditch bank; cleaning of the ditch and easement by any means including but
not limited to burning or chemical means; and excavation of the ditch and storage of residue.
8.02 As used in this Agreement, the term "Claims" means (1) losses, liabilities, and expenses
of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but
not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees
and expenses; and (4) any and all other costs or expenses.
8.03 As used in this Agreement, the term "Injury" means (1) death, personal injury, or
property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened
health effect; and (4) any consequential or other damages.
8.04 Landowner covenants and agrees to at all times protect, indemnify, hold harmless, and
defend the Ditch Company, its directors, officers, stockholders, agents, employees, successors,
assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged
to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising
from, or related to (1) this Agreement; (2) the construction, existence, maintenance, operation,
repair, inspection, removal, replacement, or relocation of any Subdivision facilities on or adjacent to
the Easement; or (3) Landowner's or any other person's presence at the Subdivision as a result of or
related to this Agreement.
8.05 Landowner's duty to protect, indemnify, hold harmless, and defend hereunder shall
apply to any and all Claims and Injury, including, but not limited to:
Page 4
C. The property owners acknowledge and understand that there may be subsurface
waters that arise in the area of this development and that there are periods of time when, due to water
flowing within the ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this
problem, the utility of certain portions of the property for construction of structures could potentially
be unavailable. The Ditch Company has no plans to alter its operations as it would cure this surface
and subsurface water issue. Ditches may overflow and flood adjoining property and improvements.
Property owners shall be solely responsible for accepting and dealing with all water that overflows
the ditch; and the Ditch Company shall not be liable for damage caused to any property or
improvements due to water overflowing the ditch.
D. The property owners shall maintain the irrigation and drainage patterns existing on
the date of recording of the plat so that the quality of water entering the ditch from irrigation and
from precipitation and other sources is maintained, and so that there is no change in rate, amount,
point or type of drainage into the ditches that will occur. The property owners shall monitor and
identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any
such deposit in the ditch system.
E. The property owners acknowledge that: 1) No livestock watering, swimming, tubing,
canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse,
including but not limited to household garbage, waste materials, grass clippings, tree and shrub
prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for lawn or other
irrigation are allowed in the ditch; 4) No use of the ditch easement for hiking, biking, horseback,
motorcycle, off road vehicles or other motorized or non -motorized vehicle shall be allowed.
F. No crossings of the ditch are permitted without the prior written consent of the Ditch
Company and compliance with the rules, regulations and requirements of the Ditch Company.
7. Miscellaneous
7.01 Attorney Fees, Law and Venue. In any action brought by the Ditch Company to enforce
the provisions hereof, whether legal or equitable, and/or in any action involving Ditch Company and
Landowner or any successor of Landowner whether to enforce the provisions of this Agreement or
otherwise, the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court.
This Agreement shall be construed under the law of the State of Colorado. Venue for all actions
shall be in the District Court of the county where the Subdivision is located.
7.02 Severability. The provisions hereof shall be deemed independent and severable, and the
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provision hereof.
7.03 Successors and Assigns. The terms, covenants, and conditions herein contained shall be
binding upon and inure to the benefit of the successors and assigns of Landowner and the Ditch
Company and each of them. Landowner's obligations hereunder shall terminate (and the
successor(s) to Landowner shall arise) on the date that Landowner conveys all of Landowner's
interest in the Subdivision to transferee(s). Whenever a transfer of ownership of a lot or tract takes
place to a bona fide purchaser for value, liability of the transferor for breach of this Agreement
thereafter terminates, and the grantor shall be liable only for breach(s) of this Agreement arising
prior to the date of conveyance. This paragraph shall apply to any property dedicated to or conveyed
to a governmental entity or any other person or entity by Landowner as a public improvement or
utility. All amounts due by Landowner to the Ditch Company or to its stockholders, or otherwise
Page 3
5. Drainage.
5.01 There shall be no change made in the point, flow rate, volume, amount or type of
drainage into the Ditch, except as provided in this Agreement. A Preliminary Drainage Report shall
be prepared by Landmark Engineering Ltd., which report shall be presented to the City and the
Ditch Company. The Ditch Company shall be entitled to review the Preliminary Drainage Report
during the time that the appropriate governmental agency is reviewing such report. The Landowner
will incorporate the changes to the report and the Drainage Plan suggested by the Ditch Company's
engineer. A Final Drainage Report shall then be prepared containing all of the required changes. The
Ditch Company shall have a reasonable time (not less than 45 days) to review such Final Drainage
Report and present objections to such report and to the design, installation or construction of any
facilities that alter the historic drainage pattern. If Landowner fails or refuses to modify the Final
Drainage Report to meet the objections of the Ditch Company, then the City shall make the final
determination regarding the modifications of the drainage plan; and the City shall be jointly
responsible for such drainage and drainage plan.
5.02 Landowner shall not cause, suffer or permit any hazardous material, pollutant or other
foreign material to be deposited or discharged from or through the Subdivision into the Ditch or the
water carried within the Ditch. Any person, including Landowner, having knowledge of such deposit
or discharge shall immediately notify the appropriate governmental agencies and Ditch Company of
any potential or actual such deposit or discharge by any person.
5.03 Landowner agrees that an easement exists for the historical waste water return ditches
and Landowner agrees to regularly maintain, clean and repair the ditches on at least an annual basis
prior to the irrigation season, and Landowner agrees to install a concrete pipe culvert of sufficient
size based on the Ditch Company engineer's standards for lateral ditch crossings of roads or other
surface uses that could affect the operation of the Ditch Company's ditch.
5.04 Landowner agrees that there may have existed for many years underground drain lines
and lateral or field ditches carrying water across the properties. Landowner agrees that an easement
exists for the underground drain lines and lateral or field ditches and they agree to regularly maintain
and repair the lines and ditches on an "as needed" basis prior to the irrigation season.
6. Plat or Covenant Notes. The following notes shall be inserted by the Landowner onto the
Subdivision Plat or into the perpetual covenants that run with the title to the Subdivision:
A. The Ditch Company has an easement for its ditch and has the authority to cut and
remove trees within its right of way and it is acknowledged by the owners of the property in the
Subdivision that the Ditch Company will, at an appropriate time, remove any and all such trees on
the property. The owners of the property in the Subdivision acknowledge that the property owners
and successor owners may not plant or otherwise landscape the ditch right of way. The Ditch
Company also has the authority to install and maintain a road along each ditch bank for its purposes.
B. The property owners may not place any fence within the ditch right of way, and
particularly across the right of way; and the property owners shall not to install any gates or fences
on the Ditch Company right of way without the prior written approval of the Ditch Company. Any
fences approved by the Ditch Company along the ditch easement must be fire proof and stock -proof
to prevent damage by ditch cleaning by burning, humans and livestock and other sources to the
ditch. There will not be permitted any livestock watering in the ditch. There will not be permitted
any pumps in the ditch. Cattle guards instead of gates should be utilized.
Page 2
AGREEMENT
This Agreement (the "Agreement"), is between THE NORTH LOUDON DITCH AND
RESERVOIR COMPANY, a Colorado mutual irrigation company ("Ditch Company"), c/o Jack
Fetig, President, 7029 South College Avenue, Fort Collins, Colorado 80525 and Troy Jennings and
James P. Simpson, 3621 Richmond Drive, Fort Collins, CO 80525 ("Landowner"), and is upon the
following terms:
1. Subdivision and Ownership. Landowner is the owner of all of the property known as the
217 West TrilbyRoad Subdivision, a copy of which is attached hereto as Exhibit A (the
"Subdivision"). Landowner represents and warrants that Landowner is, on the date of execution of
this Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the
Subdivision, and Landowner will obtain the written consent and acceptance of all lienholders by
signature on this Agreement prior to its recording. Failure to obtain such written consent and
acceptance from all such lienholders shall cause Landowner to be in default under this Agreement.
2. Background and Purpose. Landowner desires to obtain approval of the Ditch Company for
certain matters required by the City of Fort Collins, Colorado relating to the conditional approval of
the Subdivision. The Ditch Company's interests will be benefited by the granting of its approval
through the terms and conditions of this Agreement. Therefore the parties acknowledge that valuable
consideration exists for this Agreement among the parties. Landowner shall promptly reimburse or
pay directly all of the Ditch Company's engineering and legal expenses incurred in the negotiation,
administration and effectuation of this Agreement. Landowner agrees to pay all of the other fees and
expenses provided for in this Agreement.
3. Ownership and Administration of Ditch Company Stock. Landowner does not own any
assessable shares of the Ditch Company; and Landowner hereby permanently abandons all right to
irrigate the Subdivision from water flowing in the ditch of the Ditch Company.
4. Ownership of Ditch Company Property Rights. The Ditch Company has an easement and
right-of-way for its ditch and appurtenant facilities on the Subdivision land. Landowner recognizes
and confirms said ownership of the Ditch Company. Landowner agrees to execute an easement in
the form of Exhibit B attached hereto to have the Landowner confirm and convey the property rights
of the Ditch Company. The easement shall be recorded at the expense of the Landowner along with
this Agreement. Landowner grants and confirms to the Ditch Company an exclusive easement for
the Ditch Company's irrigation ditch and appurtenant facilities together with rights of ingress and
egress for Ditch Company purposes over and across the Subdivision. The width of the ditch
easement is seventy feet, being thirty-five feet on each side of the centerline, and additional
easement will be required, if necessary, to obtain a minimum of a 25 foot strip on the top of the bank
on each side of the ditch.
COM AT NW COR OF NE OF NE 14-6-69, FTC, 657.2 FT, N 88 42' E TO A PT WH IS 660.26 FT W OF E LN
OF NE OF NE, N 0 7' 15" W 270.14 FT TPOB, S 88 42' W 302.01 FT, N 0 4' 15" W 388.38 FT, N 88 44' 46" E
301.67 FT, S 0 7' 15" E 388.12 FT TPOB; a/k/a 217 West Trilby Road, Fort Collins, Colorado; Assessor Parcel
Number 96141-00-012, Schedule Number R0474134.
Page 1
City of Fort Collins, Colorado
Current Planning Division Page 3 Tuesday, March 13, 2012
9. The applicant should acknowledge that: 1) No livestock watering, swimming, tubing,
canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse,
including but not limited to household garbage, waste materials, grass clippings, tree and shrub
prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for lawn or other
irrigation are allowed in the ditch without the prior written approval of the Company; 4) No use of
the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or
non -motorized vehicle shall be allowed. A note should be inserted on the plat of the Subdivision
regarding these issues.
If further information is needed concerning these comments then you may contact me. The
current address of the ditch company is: The North Loudon Ditch And Reservoir Company, c/o Jack
Fetig, President, 7029 South College Avenue, Fort Collins, Colorado 80525.
Sincerely,
Randolph W. Starr
Enc.-Agreement
PC:
The North Loudon Ditch And Reservoir Company
c/o Jack Fetig, President
7029 South College Avenue
Fort Collins, Colorado 80525
Owner and Owners' Address
Troy Jennings
James P. Simpson
3621 Richmond Drive
Fort Collins, CO 80526
Engineer and Engineer's Address
Landmark Engineering, Ltd.
c/o Ken Merritt
3521 West Eisenhower Boulevard
Loveland, CO 80537
City of Fort Collins, Colorado
Current Planning Division Page 2 Tuesday, March 13, 2012
Company.
4. The Company has the authority to cut and remove trees and other vegetation within its
right of way and the Company wants the applicant to acknowledge that the Company will, at an
appropriate time, remove any and all such trees on the applicant's property. The Company wants the
applicant to acknowledge that the applicant and its successor owners shall not plant or otherwise
landscape the ditch right of way. The Company also has the authority to install and maintain a road
along each ditch bank for its purposes. A note should be inserted on the plat of the Subdivision
regarding these issues. All new vegetation shown on the plan should be removed and the vegetation
should not be irrigated unless irrigation water from the ditch is owned and used.
5. The property owners may not place any fence within the ditch right of way, and
particularly across the right of way; and the property owners shall not to install any gates or fences
near the ditch company right of way without the prior written approval of the Ditch Company. Any
fences installed near the ditch are subject to damage or destruction due to the cleaning and burning
activities of the Ditch Company. A note should be inserted on the plat of the Subdivision regarding
these issues.
6. The Company would identify to the applicant and the City that there may be subsurface
waters that arise in the area of this development and that there are periods of time when, due to water
flowing within the ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this
problem, the utility of certain portions of the property for construction of structures could potentially
be unavailable. The Company has no plans to alter its operations as it would cure this surface and
subsurface water issue. A note should be inserted on the plat of the Subdivision regarding these
issues.
7. The Company wants the applicant to agree that all earth moving and landscaping shall be
accomplished so that all return flow and waste water from irrigation will return to the ditch. The
applicant should acknowledge that historic irrigation and drainage patterns should be maintained on
the property so that there are no changes in the operation of the Company's facilities. A drainage
plan should be required to be prepared by a competent engineer to analyze and report on any change
in drainage patterns caused by the development of the property. The Company should be provided a
copy of that plan and the Company should have the opportunity to review and comment on the plan.
All drainage facilities constructed by the developer should be operated, maintained, repaired and
replaced by the appropriate governmental entity.
8. The applicant should be required to maintain the existing irrigation and drainage patterns
so that the quality of water entering the ditch from irrigation and from precipitation and other
sources is maintained, and so that there is no change in point or type of drainage into the ditches that
will occur. The applicant should be required to monitor and identify any pollutants or other
hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch
system. A note should be inserted on the plat of the Subdivision regarding these issues.
STARR & WESTBROOK, P.C.
ATTORNEYS AT LAW
210 EAST 29TH STREET
LOVELAND, COLORADO 80538
TELEPHONE 970-667-1029
FACSIMILE 970-669-3841
RANDOLPH W. STARR E-Mail Randv0starrwestbrook.com
MICHAEL A. WESTBROOK E-mail Mike@starrwestbrook.com
Tuesday, March 13, 2012
City of Fort Collins, Colorado
Current Planning Division
Post Office Box 580
Fort Collins, CO 80522
Regular Mail and Email: solt(c)fcgov.com
Attention: Steve Olt
Re: PDP12006 217 West Trilby Road
Comments of The North Loudon Ditch And Reservoir Company
Dear Mr. Olt:
The following are the comments of The North Loudon Ditch And Reservoir Company (the
"Company") with respect to the above subdivision proposal.
1. The Company requests that the City require that an agreement be entered into between the
Company and all of the property owners (and all lienholders) setting forth the provisions that are
discussed in this letter. The execution and recording of this agreement should be a condition of
approval of this development by the City. A blank form of the Agreement is enclosed with this letter.
2. The Company has an easement for its ditch system across the property which is included
within the development. Although the Company has not had its ditch system surveyed in this area,
the Company has identified an easement width as 70 feet, being 35 feet on each side of the center
line. Additional easement will be required, if necessary, to obtain a 25 foot strip on each side of the
ditch (from the edge of the ditch for driving access). The plat should show the Company's easement
correctly. Additional easement area is necessary for structures such as lateral ditches used to irrigate
the subdivision property and other property in the area, checks, headgates and access easements. The
plat must also show the location of any lateral ditches. The plat should be corrected to show the
correct easement width. The plat must also show the location of any lateral ditches. The plat should
be corrected to show the actual location of the lateral ditches, and an easement width should be
shown for each lateral.
3. The Subdivision apparently shows no crossing over the ditch of the Company. If a
crossing would be necessary, whether for roads, utilities, or other facilities, the Company would
require that no crossing of its ditches will be allowed without the prior written approval of the
Page 1 of 1
Steve Olt
From: Randy [randy@starrwestbrook.com]
Sent: Tuesday, March 13, 2012 2:08 PM
To: Steve Olt
Subject: PDP12006 217 West Trilby Road - Comments of The North Loudon Ditch And Reservoir
Company
Attachments: 031312 Letter of Comments of North Loudon re PDP12006 217 West Triby Road +
attachments.pdf
Mr. Olt:
As you have requested the attached file is the comment of the North Loudon Ditch And
Reservoir Company regarding the 217 West Trilby Road proposed development. You may
contact me if you have any questions.
Randy
Randolph W. Starr
Starr & Westbrook PC
Attorneys At Law
210 East 29th St
Loveland, CO 80538
Voice 970-667-1029
Fax 970-669-3841
Email Randy@starrwestbrook.com
This transmission contains information from the law firm of Starr & Westbrook PC that is confidential or
privileged. The information is intended to be for the use of the person named on this sheet. If you are not the
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prohibited. If you have received this transmission in error please notify us by telephone so that we can arrange
for the retrieval of the original documents at no cost to you. The following notice is required by IRS Cir 230:
To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it
is not a full "covered opinion." Accordingly, this advice cannot be used for the purpose of avoiding penalties
that may be imposed by the IRS.
3/13/2012