HomeMy WebLinkAboutTRAILHEAD - PDP - 43-02A - CORRESPONDENCE - PRIVATE ENTITIESThe other concern that we have is the advisability of fencing the aforementioned lots.
From our experience next door at Waterglen with small lots very close to the ditch, we believe
that fencing is essential to keep the neighborhood from interfering with the ditch, as well as for
safety. When the ditch is running a significant head of water, it is extremely dangerous,
especially to children.
We would appreciate and thank you for your attention to these concerns. I am certainly
willing to discuss these matters further and would like to keep abreast of your planning
requirements to deal with these issues. Thank you.
Very truly yours,
MAYO SOMMERM R, P.C.
may ommermeye
MS/jra
cc: VF Ripley Associates, Inc.
Hartshorn Properties, LLC
Donn Engel, Larimer & Weld Irrigation Company
TIMOTHY J. DOW, MBA, JD
PATRICIA T. DOW, CPA, JD, LLM*
MAYO SOMMERMEYER, PC**
OFCOUNSEL
• ALSO ADMITTED TO PRACTICE LAW M NEBRASKA
••ALSO ADMITTED TO PRACTICE LAW M WYOMMG
Bob Barkeen
City of Fort Collins
Planning Department
281 N. College Avenue
Fort Collins, CO 80521
THE DOW LAW FIRM, LLC
ATTORNEYS AND COUNSELORS AT LAW
P.O. BOX 1578
FORT COLLINS, COLORADO 80522-1578
(970)498-9900
FAX: (970) 498-9966
E-MAIL: dow@dowlawfirm.com
January 13, 2004
Re: Project #43-02A Trailhead PDP — Type I (LUC)
Our Client: Larimer & Weld Irrigation Company
Dear Mr. Barkeen:
N 7 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
FORT COLLINS, COLORADO 80524
2312 CAREY AVENUE
CHEYENNE, WYOMING 82001
(307)634-1541
I represent the Larimer & Weld Irrigation Company, to whom preliminary plans on the
referenced project have been sent. You may wish to note in your file that this property borders
and affects the ditch owned by the Larimer & Weld Irrigation Company and not the Larimer &
Weld Reservoir Company. These are both my clients but just a minor detail you may want to
straighten out in your file.
When this ditch was relocated, a part of that project involved the establishment of a 25-
foot access easement and a 12-foot gravel maintenance road within that easement along the south
side or low side of the ditch.
From my review of the site plan dated 12/23/03, I cannot tell whether the future City bike
trail proposed.is in whole or part within this easement. Since the easement starts at the upper
edge and horizontal edge of the ditch and then runs basically south-southeast from there, it
appears that this proposed bike trail may be within and compromise this easement. The bike trail
needs to be kept completely out of our easement.
We are concerned with the proximity of lots 59 through 85 and lot 93 having backyards
that appear to be very close to the ditch. Because of the construction of this relocated ditch, seep
water from the ditch into yards or affecting the structures constructed on the yards may not be a
factor. However, this is something that needs to be addressed to the satisfaction of your office
for the protection of the prospective purchasers of these properties. Typically, ditches seep!