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HomeMy WebLinkAboutSANDCREEK ESTATES - MINOR SUBDIVISION - 56-94 - LEGAL DOCS - PRIVATE ENTITIESSOMMERMEYER WICK DOW & CAMPBELL, LLC ATTORNEYS AT LAW ROBIN L. WICK TIMOTHY J. OOW KENT N. CAMPBELL JAMES D. BRAMER' BLAIR J. TRAUTWEIN' KATHRYN S. LONOWSKI ROBERT J. PENNY' TROY A. UKASICK' STEVEN G. GREENLEE* Dick Rutherford Stewart & Associates P.O. Box 429 Fort Collins, CO 80522 N3 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE P.O. BOX 2166 FORT COLLINS, COLORADO 80522 (303)482-4011 FAX(303) 482.8929 January 23, 1995 Re: Sandcreek Estates, MRD Dear Dick: MAYO SOMMERMEYER' OF COUNSEL 2312 CAREY AVENUE CHEYENNE. WYOMING 82001 (307)632.0323 ALSO ADMITTED IN WYOMING I thank you for your recent letter concerning the status of this project and the objections of our client, Larimer and Weld Irrigation Company. The continuing encroachment of development along major irrigation ditches in this area is a constant concern for these ditch companies. Your proposal to have the owner deed a right-of-way to the irrigation company would be acceptable. In addition, your -proposal for a written indemnification agreement for any seepage problems and a -note addressing the ditch company's concerns on the plat should be acceptable, with the provision that the agreement be recorded and contain- a provision that the covenants in that agreement run with the land and are binding on future owners. We think the owner and the developer should incur the costs associated with this as a part of the costs of development. Please provide us with a copy of the proposed final plat. As a part of preparing the plat, please prepare a legal description for the right-of-way for the ditch and the adjacent maintenance road. We will review the plat, the proposed deed and the agreement as soon as the developer has everything ready for final review and approval. Yours very truly, SOMMERMEYER WICK DOW & CAMPBELL, LLC TJD:mi,_ Timothy J. /ow cc:. Bill Vigor/Vigor. Development, Inc. Russ Posey, ,-D'.D.S: 'Donn Engel/Larimer and Weld Irrigation Co.