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.