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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.