HomeMy WebLinkAboutPROSPECT INDUSTRIAL PARK, LOT 32, MIDPOINT SELF-STORAGE - PDP - 28-98B - CORRESPONDENCE - TREE MANAGEMENT PLAN (3)Ms. Cameron Gloss, Director of Current Planning
March 29, 2001
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to retain the trees on the Property. In such event, Timberline Partners will proceed with the
removal of the trees, which are currently making the Property unmarketable.
Thank you for your attention to this matter.
TIMBERLINE PARTNERS, LTD., L.L.L.P.
IN
William W. Reynolds,
W WR/
cc: Mr. John Fischbach
Mr. W. Paul Eckman, Deputy City Attorney, The City of Fort Collins
Mr. Timothy Buchanan, City Forester
Mr. Charles B. McNeal, The Group, Inc.
Timothy L. Goddard, Esq., Hasler, Fonfara and Maxwell LLP
8
DUNOlF
APR 0 2 zoo, Ti,
March 29, 2001
BY FACSIMILE: (970) 221-6327 & U.S. MAIL
Mr. Cameron Gloss, Director of Current Planning
The City of Fort Collins
300 La Porte Avenue
P.O. Box 580
Fort Collins, Colorado 80522-0580
RE: Lots 32 & 33, Prospect Industrial Park, City of
Fort Collins, County of Larimer, State of Colorado
Dear Mr. Gloss:
As .you are_ aware, .Timberline. Partners,.Ltd.,,.,L.L.L.P,..is the owner of the- above-
referenced �property ("Property'•'), Last. year -Timberline Partners,entered..into a contract for'`the`
sale of the Property to. Charles B. McNeal and Javier Martinez Campos/Midpoint"De,Mopment,,
LLC ("Purchasers"). Under the. contract, the.Purchasers have the right to terminate the contract
if they do not receive government approval of their project by April 30, 2001. Timberline
Partners recently received notice from the Purchasers that the City is conditioning approval of
their development application upon the retention of a Cottonwood tree on Lot 32. Timberline
Partners has been further advised that the imposition of that requirement renders the
Purchasers' development project economically unfeasible. As a result, the Purchasers have
notified Timberline Partners that they intend to terminate their contract to purchase the
Property.
After careful consideration of the matter, Timberline Partners has decided to remove the
existing Cottonwood trees on the Property within seven (7) days of the date of this letter.
Timberline Partners understands that it has the legal right to remove the trees from the Property
and that it must do so to make the Property marketable. As a courtesy, Timberline Partners is
providing notice of its intent to remove the Cottonwood trees. If the City believes that it has
some legal right to prevent Timberline Partners from removing the trees, please advise me of
the basis of that right and the City's intention to assert that right within seven (7) days of the
date of this letter. In the alternative, if the City is interested in purchasing the Property prior to
the removal of the trees, please notify me of that fact within seven (7) days of the date of this
letter. If I do not receive any response from,you, or from some other representative of City,
Timberline Partners will assume that the City agrees that.Timberline Partners has the righf'to
remove the trees on the Property, andthat the City --is not.interested in.purc4asigg"the Property