HomeMy WebLinkAboutLAURIE SUBDIVISION PUD, 2ND FILING - FINAL - 44-89E - CORRESPONDENCE - CITIZEN COMMUNICATION (2)APPLEWOOD WATER ASSOCIATION, INC.
and
APPLEWOOD HOMEOWNERS' ASSOCIATION
P.O. Box 8292
Fort Collins, Colorado 80526
(303) 482-2125
October 25, 1991
Sherry Albertson -Clark
Chief Planner
Planning Department
281 N. College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
Re: Laurie Subdivision
Dear Sherry:
I received your letter of October 16th and in response am enclosing
a copy of the articles of incorporation and bylaws of the Applewood
Water Association, Inc. As you will note, a major purpose of the
Association is to provide irrigation water to shareholders. We
currently own three shares of Pleasant Valley and Lake Company
water, rent another two, and own a quarter share of C-BT water.
Whether that qualifies us as an "irrigation company" under the
City's definition, I wouldn't know, but it seems to miss the point.
As I stated in my letter of August 8th to Mr. Price, the basis for
the involvement of the Association is its prescriptive easement for
use of the irrigation ditch crossing the proposed Laurie
Subdivision. The ditch has been in existence, to the best of our
knowledge, for over 100 years. We have used and maintained the
ditch ever since our incorporation in 1966.
Enclosed with your letter were final plans for Laurie Subdivision
showing a 12 foot easement for an irrigation pipeline to replace
our ditch. As you point out, we will require a 20 foot easement,
so these plans are unacceptable from that standpoint alone.
However, this is not the only, or even the major, issue. As the
enclosed copy of my letter of October 21st to Dr. Musselwhite
indicates, we have been negotiating with him regarding an alternate
route for the pipeline. Were you aware of this? Until these
negotiations are completed, we cannot agree to the relocation of
our easement. Furthermore, there is no certainty at this point
that we will even agree to allowing our ditch to be replaced by a
pipeline. We find it disturbing that or. Musselwhite would submit
final plans knowing that we have not reached an agreement on any
of the issues.
In order to avoid any misunderstanding, let me emphasize that we
will not allow Dr. Musselwhite to relocate the ditch without our
approval. Any attempt to do so will result in immediate legal
action. We have already contacted William Brown, a water attorney,
to represent us if a lawsuit is necessary.
We certainly expect the City to proceed with caution regarding our
easement rights and not approve this subdivision without our
agreement. I note that our approval was required when the ditch
crossing Clarendon Hills was replaced by a pipeline.
This touches on another issue, which is that the Association has
never been formally notified of any hearings regarding Laurie
Subdivision. We were aware of the hearing for preliminary approval
only because I happened to call you. Your letter states that you
are in the process of reviewing the final plans for the
subdivision. Please notify us if and when a hearing on final
approval is scheduled.
Sincerely,
S
Mark W. Schultheiss
President, Applewood Water Association, Inc.
cc: Board of Directors, Applewood Water Association, Inc.
or. William Musselwhite
William Brown