HomeMy WebLinkAboutTRAILHEAD - PDP - 43-02A - CORRESPONDENCE - PRIVATE ENTITIES (5)shown right in the middle of our road. In addition to not planting trees directly within the area of
our road, it is also advisable to keep any trees some reasonable distance back from the edge of
the road. If trees are planted very close to the road, they will certainly be damaged by loss of
limbs as equipment goes close to them and they may even be severely damaged or knocked
down in the event that a backhoe operator swings the bucket a few feet too far at some time. I
would think that even if they were not within our actual right-of-way road easement that they
should be kept back at least ten or fifteen feet.
4. Sheet 6 shows trees right on the driving road surface and at least two of them are
within a couple of feet of where the ditch bank starts to slope down into the ditch.
5. Sheet 7 — same concern as Sheet 6, except there are a lot more of them here!
I did speak on the phone the afternoon of March 10 with Kathy over at Ripley and she
basically agreed that the tree situation was in appropriate.
Thank you for your review and consideration of these comments.
Very truly yours,
AYO SOMMERM R, P.C.
MS/jrr
cc: Donn Engel
TIMOTHY J. DOW, MBA, JD
PATRICIA T. DOW, CPA, JD, LLM*
MAYO SOMMERMEYER, PC**
OF COUNSEL
• ALSO ADhfff1ED TO PRACTICE I WIN NEBRASKA
••ALSO ADMITTED TO I'MMCE IAW IN W OMING
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
March 15, 2004
# 7 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
FORT COLLINS, COLORADO 80524
2312 CAREY AVENUE
CHEYENNE, WYOMING 82001
(307)634-1541
Re: Project #43-02A Trailhead PDP — Type I (LUC)
Our Client: Larimer & Weld Irrigation Company / Larimer & Weld Canal (Eaton
Ditch)
Dear Mr. Barkeen:
Thank you for your transmittal of March 3 on the referenced project. I sometimes have
to ask the powers that be if I really did something wrong to deserve certain treatment.
Referencing the landscape plan and particularly Sheets 2, 6 and 7, our primary concern is
the protection and preservation of the easement that we need along side our ditch for operation
and maintenance. I appreciate that you are intimately familiar with these issues. Our concerns
are:
1. The easement that the Ditch Company has needs to be shown on the drawings. It
also needs to be defined as a maintenance and operation easement.
2. I believe it is productive in minimizing ongoing difficulties in the neighborhood if
it is also clearly designated on the plat that this easement is to remain unobstructed by anything
that would impede the operation of vehicles, such as gardens, shrubbery, play houses, fences,
and anything other than grass, which we will presumably drive over and damage. It is often
extremely helpful if the information that lot purchasers receive from the title company has this
designation and information.
3. On Sheet 2, it is unclear where the maintenance easement will be. I do not know
what the shaded area, with what appears to be some sort of a pond or drainage area between the
two shaded areas, is. In any event, our ditch road will go right along a portion of this. As the
ditch road curves as it approaches the platted lots 1-5 on the right side of the sheet, there are trees