HomeMy WebLinkAboutPROSPECT INDUSTRIAL PARK, LOT 32, MIDPOINT SELF-STORAGE - PDP - 28-98B - CORRESPONDENCE - LEGAL COMMUNICATION" '0 4
HASLER, FONFARA AND MAXWELL LLP
ATTORNEYS AT LAW
Ms. Cameron Gloss, Director of Current Planning
February 21, 2001
Page 2
Your assistance in this matter is appreciated.
Sincerely,
I
TIMOTHY ODD
TLG/jw
cc: Mr. W. Paul Eckman, Deputy City Attorney, The City of Fort Collins
Mr. Charles B. McNeal, The Group, Inc.
Mr. Gerald P. Lee, The W.W. Reynolds Companies
Michael A. Maxwell, Esq.
HASLER, FONFARA AND MAXWELL LLP
ATTORNEYS AT LAW
Sixth Floor, Key Bank Building
125 South Howes Street
TIMOTHY W. HASLER Fort Collins, Colorado 80521
JOSEPH H. FONFARA
MICHAEL A. MAXWELL
TIMOTHY L. GODDARD February 21, 2001
DOUGLAS M. DUMLER
BY FACSIMILE: (970) 221-6327 & U.S. MAIL
Ms. Cameron Gloss, Director of Current Planning
The City of Fort Collins
300 La Porte Avenue
P.O. Box 580
Fort Collins, Colorado 80522-0580
Dear Ms. Gloss:
MAILING ADDRESS:
POST OFFICE BOX 2267
FORT COLLINS, COLORADO 80522
TELEPHONE (970) 493-5070
FACSIMILE (970) 493-9703
RE: Seller: Timberline Partners, Ltd., L.L.L.P.
Buyers: Charles B. McNeal & Javier Martinez Campos
Property: Lots 32 & 33, Prospect Industrial
Park, City of Fort Collins, County
of Larimer, State of Colorado
Our office represents Timberline Partners, Ltd., L.L.L.P. ("Timberline"). Timberline
owns the property described as Lots 32 and 33, Prospect Industrial Park, City of Fort Collins,
County of Larimer, State of Colorado ("Property"). The Property is under contract for sale to
Charles B. McNeal and Javier Martinez Campos ("Buyers"). The Buyers have submitted a
development application to The City of Fort Collins for the development of Lot 32. We
understand that the City is placing a condition upon the approval of the application that the
existing Cottonwood tree on the Lot remain. The requirement that the Cottonwood tree remain
impairs the economic viability of the use of the Property and jeopardizes the contract that
Timberline has entered into with the Buyers. To protect its investment in the Property,
Timberline would like to remove the Cottonwood trees from the Property. We understand that
a hearing officer has been appointed to hear the dispute and determine whether the City has any
right to prevent Timberline from removing the trees -from the Lots.
Mr. W. Paul Eckman, Deputy City Attorney, has instructed us to contact you for the
name of the hearing officer who has been selected to hear this matter and the date and time the
hearing will be conducted. We also are requesting you to provide us copies of any documents
that will be presented to.the, hearing officer, including any staff reports or recommendations, to
the extent those documents are not privileged.; •.
We. are hopeful that this matter will be resolved quickly and that the sale of the Property
will be able to proceed as planned.