HomeMy WebLinkAboutLAURIE SUBDIVISION PUD, 1ST FILING - AMENDED PRELIMINARY & FINAL - 44-89F - CORRESPONDENCE - CITIZEN COMMUNICATION (4)APPLEWOOD WATER ASSOCIATION, INC.
and
APPLEWOOD HOMEOWNERS' ASSOCIATION
P.O. Box 8292
Fort Collins, Colorado 80526
(303) 482-2125
October 21, 1991
Dr. William Musselwhite
3041 N. Taft Ave.
Loveland, CO 805
Re: Laurie Subdivision
Fort Collins, Colorado
Dear Dr. Musselwhite:
In our telephone conversation today we had a further discussion
about routing an irrigation pipeline across Shields to the north
of where the culvert for the existing irrigation ditch lies. The
pipeline would parallel sewer and water lines, which you are
considering installing under Shields along an easement crossing the
former church site. I understand you have now obtained permission
from the city to cut Shields for that purpose rather than tunnel
under it.
Routing the pipeline in this way would require the cooperation of
Gary Nordick because a new easement across the church site would
be needed to connect the new pipeline to our existing pipeline.
I have discussed this with Dennis Donovan, Mr. Nordick's planning
engineer, and he believes a new easement can be worked out.
It appears the next step is for you to contact Mr. Donovan
immediately. It may still be possible to change Mr. Nordick's plan
to replace the existing culvert as part of his improvements to
Shields. If not, he will want to place a pipeline down the
existing ditch crossing the former church site and connect it up
to this culvert. Once he goes to that expense and plats around it,
it seems unlikely he would agree to an alternate route.
Routing is critical for another reason as well. It is very
unlikely Applewood would agree to your section of ditch being
replaced by a pipeline if it stands alone. We will want to have
it connect up to the rest of our pipeline. Otherwise, there are
simply not enough advantages to offset potential new liabilities.
Your section of ditch has been working very well for years, and we
have no liability for the way it currently functions, including the
effects of seepage. Our attorney advises us that if we allow
replacement by a pipeline, we may be liable for damage caused by
any leakage from the pipeline. We would also face higher
maintenance costs if the pipeline needs repair or replacement.
Furthermore, Leon Hecht is concerned that the flow of water leaving
the pipeline may cause erosion down stream, which may also create
new liabilities.
We also discussed another potential route along the east side of
the two properties to the south of yours, which would connect up
to the existing culvert. This would require new easements, and we
doubt that the owners, who appear to believe that a ditch with
running water enhances their properties, would agree. However, you
might want to inquire.
It seems in the interests of you, Mr. Nordick and us to work out
a route which will result in a continuous pipeline from the north
side of your property to the point in Clarendon Hills where our
existing pipeline begins. If the result is that the existing
culvert should be removed and we abandon our ditch, time is
critical because we will need to negotiate binding assurances that
the pipeline will be completed by the start of irrigation season
next year.
Sincerely,
Mark W. Schultheiss
President, Applewood Water Association, Inc.
cc: Board of Directors, Applewood Water Association, Inc.
Dennis Donovan
Sherry Albertson -Clark
Matthew Price
Leon Hecht