HomeMy WebLinkAboutRICHIE'S EXPRESS CARWASH - FDP - 15-00 - CORRESPONDENCE - LEGAL COMMUNICATIONFISCHER & FISCHER,LLP
ATTORNEYS AT LAW
125 SOUTH HOWES, SUITE 900
GENE E. FISCHER, P.L POST OFFICE BOX 506 TELEPHONE(970) 482-4710
ERIK G. FISCHER, v.:. FORT COLLINS, COLORADO FACSIMILE (970) 482-4729
80522-0506
USA R. MARKS
MEMORANDUM
RI`D"IVED
TO: Dick Rutherford JUN 18 2001
Stewart & Associates Inc. 0-Fif SIVAiNAGEER
Fax # 482-9382
FROM: Gene E. Fischer
DATE: June 13, 2001
RE: Richie's Express Carwash Subdivision
Dick —
The Ditch Company will reluctantly approve the site plan allowing trees in the maintenance
right-of-way.
However, a definitive agreement must be signed and recorded giving the Ditch Company the
right to remove the trees if it is determined to be necessary to do so.
Not only are the trees themselves a nuisance, but our ditch then gets the leaves and of course
the branches from storm damage. Plus, the Ditch Company is providing the water to irrigate the
trees. So the Directors and Ditch Superintendent like trees as much as anyone, but not when the trees
are located in the maintenance right-of—way.
I will send a copy of this memorandum to the City Manager and the City landscape people.
It must be understood that this is not a precedent -setting situation and is allowed only because of the
location next to College Avenue. Also, the Ditch Company felt the developer needed relief from the
arbitrary position taken by the City.
I will prepare the Agreement to be signed by the developer. This Agreement and the fees of
our office will need to be handled prior to the signing of the Plat.
G.E.F.
GEF:ams
xc: John Fischbach, City Manager
Steve Olt, City Planning
Jim Sell Design
C11& -4: lr2- -cc