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HomeMy WebLinkAboutLIND PROPERTY, 2ND FILING - PDP - 39-94D - LEGAL DOCS - PRIVATE ENTITIES (3)TIMOTHY J. DOW, MBA, JD PATRICIA T. DOW, CPA, JD, LLM* MAYO SOMMERMEYER, PC** OF COUNSEL • ALSO ADMITTED TO PRACTICE LA W IN NEBRASKA •"ALSO ADMITTED TO PRACTICE LAW IN WYOMING 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 # 7 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE FORT COLLINS, COLORADO 80524 RECEIVED April 1, 2004 APR a 5 Own Bob Barkeen City of Fort Collins Current Planning 281 N. College Avenue Fort Collins, CO 80524 Re: Project #39-94D Lind Property, 2Dd Filing PDP — Type I (LUC) Our Client: Windsor Reservoir & Canal Company Dear Mr. Barkeen: 2312 CAREY AVENUE CHEYENNE, WYOMING 82001 (307)634-1541 This will be a response to the project comment submittal dated March 24, 2004 on the referenced project. Our client is the Windsor Reservoir & Canal Company, which is the owner of the No. 8 Outflow Ditch, which generally borders the property from the northwest corner to the southeast portion. 1. It is noted that Bright Water Drive is shown as being extended to cross the ditch and extend to the northeast. This developer has neither sought nor received any agreement with our client to cross the ditch at that point or anywhere else. 2. I note there are trees depicted to be planted along the eastern border of the property between the regional trail and the right of way for the ditch. I appreciate that these trees aren't shown with absolute precision but the developer should be cautioned that trees should be kept an appropriate distance away from our property line. This property line represents a fairly conservative access easement of only 25 feet, so trees planted close to the boundary could interfere with the operation of equipment to maintain the ditch in the future. Thank you for considering these matters. MS/jrr Very truly yours, MAYO SOMMERMEYER, P.C. Mayo Sommermeyer