Loveland Bike Trail
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of May 21, 2008

 

The Larimer County Planning Commission met in a regular session on Wednesday, May 21, 2008, at 6:30 p.m. in the Hearing Room.  Commissioners Cox, Hart, Karabensh, Morgan, Waldo, Wallace, and Weitkunat were present.  Commissioner Oppenheimer was absent.  Commissioner Boulter presided as Chairman.  Also present were Matt Lafferty, Principal Planner, Rob Helmick, Senior Planner, Toby Stauffer, Planner II, Mark Peterson, County Engineer, Traci Downs, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Planning Technician and Recording Secretary. 

 

Matt Lafferty accompanied Commissioners’ Cox, Hart, Karabensh, Wallace, and Weitkunat today on a site visit to Enclave at Eagle View Conservation Development and Miller and Son Subdivision.  Chairman Boulter visited the sites independently.

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: 

None

 

COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:  

None

 

APPROVAL OF THE MINUTES FOR THE APRIL 16, 2008 MEETINGS:  MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Weitkunat.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Several members of the public were in attendance to discuss Enclave at Eagle View Conservation Development and Forest Health and Bio Mass Collection Site Location and Extent.  Chairman Boulter moved them to discussion items #3 and #4.

 

CONSENT ITEMS:

 

ITEM #1  CEDAR SPRINGS 3RD FILING LOT 6 BLOCK 5 REZONING #08-Z1686:  Ms. Stauffer provided background information on the request to rezone Cedar Springs 3rd Filing Lot 6 Block 5 from conditional T-Tourist to O-Open zoning to allow a residential use.  In 1980 a conditional rezoning was approved for Lots 5 & 6, Block 5, Cedar Springs 3rd filing.  Lot 6 was rezoned from O-Open to T-Tourist, including only the uses of service station, grocery store, meeting hall, and restaurant.  No development of the nature had occurred over the years and the existing area around the subject site remained single-family residential with no indication of changing.  

 

DISCUSSION:

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Cedar Springs 3rd Filing Lot 6 Block 5 Rezoning, file #08-Z1686, for the property described on “Exhibit A” to the minutes, be approved subject to the following condition:

 

 

 

1.   The rezoning shall be effective upon the recordation of the Findings and Resolution of Cedar Springs 3rd Filing Lot 6 Block 5 Rezoning.

 

Commissioner Karabensh seconded the Motion.

 

Commissioners' Cox, Hart, Karabensh, Morgan, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

ITEM #2  MILLER AND SON SUBDIVISION #06-S2595:  Ms. Stauffer provided background information on the request to subdivide a 6.6 acre parcel into two lots for single family residential use located between Highway 287 bypass and Old 287 along County Road 10E on the north side of the road, north of the original Town of Berthoud.  She noted that there were errors in the conditions of approval associated with the project.  She clarified that the last sentence in condition 10 should be removed, condition 12 should state, “Per the Larimer County Urban Area Street Standards (LCUASS), Section 1.9.2, the developer will be required to place a 14 foot utility easement along County Road 10 E, across the property frontage”, and one additional condition should be added which would be condition 15 and state, “The applicant shall resolve property access and ditch agreement prior to scheduling of the Board of County Commissioners hearing.”

 

DISCUSSION:

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Miller and Son Subdivision, file #06-S2595, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions along with amended conditions 10 and 12 and added condition 15:

 

1)    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Miller and Son Subdivision (File # 06-S2595), except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Miller and Son Subdivision.

 

2)    The following fees shall be collected at building permit issuance for new single family dwellings:  the Thompson R2-J School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee (Section 9.5 of LCLUC) and the Larimer County Regional and Community Park Fees in lieu of dedication.  The fee amount that is current at the time of building permit application shall apply. 

 

3)    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

 

 

4)    Due to the shallow groundwater of this area, construction plans shall be prepared in accordance with the recommendations from the applicant’s geotechnical engineer;

 

5)    Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6)    The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County, as a part of the Final Plat and to be recorded with the Final Plat.  This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, soil testing for the new septic permit and other issues raised in the review, or related to compliance with the Larimer County Land Use Code.

 

7)    At the time public sewer is extended to Lot 2, the owners of the property contained in Lot 1, Miller & Son subdivision will be required to abandon the current septic system and connect to the Town of Berthoud public sewer line in County Road 10E.

 

8)   The Final Plat shall show the following items:

§   50-foot dedicated right-of-way (ROW) along the north side of the entire length of the site adjoining County Road 10E

§   50-foot wide ditch easement along the eastern portion of the subdivision

§   40-foot wide access easement along the eastern portion of the subdivision

§   10-foot wide gas utility easement that serves 620 County Road 10E

§   20-foot wide water line easement along the west side of Lot 1 for the benefit of Lot 2

§   20-foot wide sewer easement along the eastern portion of Lot 1 for the benefit of Lot 2, and

§   A non-buildable area will be shown in the north portion of Lot 2 and a note will be placed on the plat describing the limited use of that portion of property.

 

9)    Residential sprinklers shall be required within the dwelling unit on Lot 2 and installed as part of any building permit application for a dwelling unit. 

 

10)   The developer will enter into a ditch agreement with the Handy Ditch Company. The ditch company has been asked by the developer to revise the agreement between all parties to allow the east access easement to overlap the ditch easement.

 

11)   The developer shall provide an access easement agreement that includes provisions for Lot 1, Lot 2, and the Carter property to use and maintain the access easement along the eastern edge of the property.

 

 

 

 

 

 

12)   Per the Larimer County Urban Area Street Standards (LCUASS), Section 1.9.2, the developer will be required to place a 14 foot utility easement along County Road 10 E, across the property frontage.

 

13)   This development includes an appeal to Section 8.14.2.N of the Larimer County Land Use Code, a requirement that all roads within the boundaries of land divisions be public right-of-ways, to instead allow a shared private access easement for Lots 1 and 2 and the Carter Property. Should Lots 1, 2, or the Carter property develop more intensely in the future, a public right-of-way will be required.

 

14)   The preliminary plat shows a frame shed on the west side of Lot 1 that is currently in the side yard setback and a waterline easement. The shed will need to be moved out of the setback and easement, removed from the property, or approved through a variance and amended plat process. Action to bring the shed into conformity shall occur within 90 days of the recording of the final plat.

 

15)       The applicant shall resolve property access and ditch agreement prior to scheduling of the Board of County Commissioners hearing.

 

Commissioner Karabensh seconded the Motion.

 

Commissioners' Cox, Hart, Karabensh, Morgan, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

ITEMS:

 

ITEM #3  ENCLAVE AT EAGLE VIEW CONSERVATION DEVELOPMENT #05-S2467:  Mr. Helmick provided background information on the request to divide 35 acres into 7 lots including 6 residential lots and one residual lot with an existing dwelling.  The request also included appeals to the Larimer County Land Use Code, Section 8.14.Q, regarding dead end road length.  The site was located on the west side of County Road 23 approximately ½ mile south of the County Road 14 intersection.

 

PUBLIC TESTIMONY:

Rob Strieby, 5624 Redtail Hawk Lane, pointed out where his 36 acre property was in association with the proposed development.  He stated that two other neighbors along with him owned Redtail Hawk Lane.  The developer believed that he had access to their driveway and his property was not at all contiguous with the road.  He asked that the proposed development be shifted more towards the north and east closer to Falcon Pointe Estates since it was already developed land.  It would allow the applicatn to use one of their current access points to County Road 23 leaving his road for the use of hay equipment, equine transportation, etc.  He understood the right to develop the property but they had lost many acres of dry land hay production to developments in the area, and it was starting to hurt in the area.  He stated that originally they had asked the developer to reduce the number of lots from six down to five to fit more with the other developments that had been approved in the area but now they were asking to have seven lots.  He remarked that it was out of character for the area plus it was out of character to do the entire subdivision with dirt roads as all of the others were paved. 

 

Mr. Helmick stated that the applicant would have to rebuild the access road of Redtail Hawk Lane as part of the development proposal.  A letter received from attorney Richard Ball indicated that the applicant had the right to utilize the full width of the easement rather than build a parallel roadway.  He explained that Enclave at Eagle View started 6-7 years ago as Chaledon Estates with five lots.  The owner got the project to final plat and then encountered difficulties and it was never finished.  He stated that the applicant had the right to ask for the number of lots requested based on the zoning, and the conservation development met the requirements of the code as it related to the density and development pattern.  He appreciated the impact to the change to the neighborhood and was sympathetic to Mr. Strieby’s concerns. 

 

Commissioner Wallace asked if the easement issue could be resolved?

 

Mr. Helmick understood that if the Planning Department believed that the applicant had provided competent, legal evidence that they had the right to use the access than it could proceed forward.  If others chose to litigate that belief than it would effect the subdivision. 

 

Mr. Strieby stated that six years ago there was question of access.  He was not in a subdivision since the lots were 35 acres or larger deeded property.  The man that originally developed the area drew up the plat had easements drawn in.  The County decided not to accept dedication for those easements and actually declined those easements.  He had a letter from the County stating that fact.

 

Commissioner Cox inquired about the paving issue brought up by Mr. Strieby.

 

Mr. Helmick stated that the traffic count did not take it over the paving threshold.  If the applicant chose to do gravel roads that was acceptable. 

 

Ms. Downs stated that the paving threshold was 200 trips per day, which the development would not go over.  Those 200 trips per day equated to approximately 20 lots so some of the other developments in the area were over that threshold or the developer chose to pave but were not required to do so per the Land Use Code.

 

Rob Persichitte, Intermill Land Surveying, stated that the applicant chose to leave the roads gravel at the current time.  From the determination done by the attorney the developer of the 35 acres in Windemere was to dedicate all of those easements as ingress/egress and utility for access purposes.  He stated that the applicant was trying to better the road then what was out there currently.  The applicant also had to improve the water line from County Road 23 back to where it ended as the water district was requiring that connection to improve the fire flows, water pressures, etc.  He explained that they had chosen to keep the corridor open along County Road 23 and not put the houses along the road.  He stated that they were willing to provide a larger, non-buildable buffer along the west side by not having any outbuildings, residential structures, etc. 

 

Commissioner Boulter asked what the applicant’s opinion was regarding the road situation from the determination made by Attorney Richard Ball?

 

 

 

 

Mr. Persichitte stated that Christie Coleman was the staff engineer that reviewed the project and had made the recommendation that they researched the access and received a legal opinion on the easement situation.  They were planning to move forward from the determination. 

 

DISCUSSION:

Commissioner Morgan asked if roads that were publicly dedicated and privately maintained could be used by any member of the public not just the residents of that particular subdivision.

 

Mr. Helmick replied yes, however there was not a plat.  There was a dedication/statement of the easement on the 35 acre subdivision plat but it was not a subdivision plat that was ever accepted, reviewed, or acknowledged by the Board of County Commissioners so that was why they asked for the legal opinion.

 

Commissioner Hart moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Enclave at Eagle View Conservation Development, file #05-S2467, for the property described on “Exhibit C” to the minutes, be approved subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Enclave at Eagle View Conservation Development Preliminary Plat and File  #05-S2467 except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Enclave at Eagle View Conservation Development Preliminary Plat.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R-2J School District fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees in lieu of dedication.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Fire Requirements –All new residential structures shall be required to install residential fire sprinkler systems. 

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

 

 

 

 

 

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   Revise building envelopes to coincide with the FA-1 zoning district and tie them to survey monumentation.

 

7.   The final plat shall indicate and the applicant shall provide for a school bus pick up site. The site location and design shall be approved by the Thompson R2-J school District.  A cost estimate and construction collateral shall be provided as a part of the Final Plat.

 

8.   Prior to completion of the final plat the applicant must either have applied for and received approval for an accessory dwelling unit pursuant to section 4.3.10.F.2 of the Larimer County Land Use Code or remove the unit in coordination with the Code Compliance section. 

 

Commissioner Waldo seconded the Motion.

 

Commissioners' Cox, Hart, Karabensh, Morgan, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

ITEM #4  FOREST HEALTH AND BIO MASS COLLECTION SITE LOCATION AND EXTENT #08-Z1687:  Mr. Helmick provided background information on the request for a collection site for beetle kill wood and biomass for both Larimer and Boulder County citizens located on the east side of Highway 7 immediately north of the Boulder/Larimer line at the south end of the Tahosa Valley.  He stated that just recently he received letters and phone calls from the surrounding neighbors all who had identified an issue with the noise.  He mentioned that it was a temporary use and would not be a year-round, full time use. 

 

PUBLIC TESTIMONY:

Roger Scherman, Tahosa Valley Land Owners Association, stated that they were thrilled that there would be mitigation of the beetle.  However, one of the concerns was that they had no information about the project.  They did not know if they would be chipping, burning, collecting, cutting, etc., how big of an operation it was, what the hours of operation were, what the volume was, if the public could take their stuff there, why that site was chosen, etc. 

 

 

 

 

 

 

 

Herb Hoover, stated that he had an Allenspark address but was a resident of Larimer County.  He was enthused about the effort to mitigate the problem but wonder what the smoke and noise would be and wondered if they proposed to use a large chipper and supporting equipment.  He lived contiguous to the site and would prefer not to have it in their neighborhood; however, they recognize that something needed to be done.  He stated that having an air curtain burner and supporting trucks was noisy enough but he chipper was another matter.  He mentioned that there was already an established collection point and chipper area a couple miles south in Allenspark.  He asked that the chipper be eliminated as the chipper had nothing to do with beetles, and it was duplication of effort that was already being made in Allenspark.  Also, the loud noise would be very disturbing to a very quite neighborhood. 

 

Michael Griffith, owned property in Boulder County that was contiguous to the subject area, supported the cooperative effort and stated that overall it was a positive thing.  In the proposal it did acknowledge the potential impact on neighbors.  The chipper noise would be an issue.  He asked that some recommendations be made regarding the hours of operation.  The current proposal stated that it would be ran daylight hours, 6-7 days a week, for 3-5 years.  Also, the neighbors did not know how much traffic would be generated. 

 

Mr. Helmick stated that he had received a letter from CDOT stating that they had no conflict with the project.

 

Dave Lentz, Natural Resources Department, stated that the project came together rather quickly.  He stated that it would be a woody biomass sort yard not necessarily pine beetle but pine beetle would be utilized.  The goal was to have citizens do forest management on their properties to develop a healthy forest which would defend itself better against things like the pine beetle.  They fully expected to get pine beetle infested wood at the site.  The reason for the chipper and air curtain burner was to deal with the trees that were infested with the beetle in which they could not get them out to an end user in a timely manner that could debark them at their site and use for woody biomass for livestock bedding, firewood, etc.  The flight period which was around July 15 so they wanted the chipper and air curtain there so they could destroy the beetles.  He stated that it would be open to the neighborhood, and they wanted 6-7 days to accommodate people and especially wanted to be open on the weekends.  They were unsure of what the extent was going to be but was expecting to get a fair amount of business from people in Larimer and Boulder Counties.

 

Commissioner Wallace asked if there was a possibility to limit the hours of use of the heavy equipment so that it was not noisy for the neighbors?

 

Mr. Lentz stated that it could be daylight hours from 8 a.m. to 5 p.m.  The chipper and air curtain burner were there to utilize the “hot” wood and everything else they wanted to get to market.  There was a buffer of approximately 300 feet from the road, which there would be an additional access which would be temporary.  There was also quite a bit of vegetation between the neighbors.  He stated that they could not guarantee that there would be no noise but the operation would only be running from the middle of June until September. 

 

 

 

 

 

Commissioner Morgan felt that a plan needed to be put together on how it would operate, the hours of operation, and what equipment would be used so that the citizens knew what was going to occur.  The standard that the County imposed upon public operations and businesses should be the standard that the County Departments should also have to abide by.  He did not disagree with what they were trying to accomplish but did not feel that they did a very good job of communicating it and putting together a plan.  The community deserved to have the same level of information from the County that would be required from any other applicant for a private application. 

 

Mr. Lentz replied that the proposal stated what equipment would be used. 

 

Commissioner Boulter agreed with Commissioner Morgan.  The neighbors had not been informed, and he felt that they should have been.

 

Commissioner Waldo asked if the operation needed to be open by June or if a plan could be put together and the application come back?

 

Mr. Lentz stated that a few months wait would eliminate the work for this year. 

 

Commissioner Hart agreed with Commissioners Boulter and Morgan.  He felt that a decision should be made regarding the operation with the caveat that the details be worked out and the public notified of those details.

 

Commissioner Wallace thought that a fourth condition of approval should be added stating that the County had the responsibility of meeting with the local landowners regarding operation.

 

Commissioner Boulter stated that Larimer County could be better neighbors.

 

Mr. Lentz replied that he did contact Tahosa Valley.  He had not heard from any of the public until Mr. Helmick had sent him some of the information to him that he had received.  Gary Buffington, Parks and Open Space Director, had been in contact with some of the people. 

 

DISCUSSION:

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission approve the Forest Health and Biomass Collection Site Location and Extent, file #08-Z1687, subject to the following conditions and additional condition 4:

 

1.   Temporary facilities such as portable toilets and bottled water will be provided at the site for those individuals operating the site.

2.   Access will be coordinated with the Colorado Department of Transportation (CDOT) and if an access permit is required one will be obtained and any necessary improvements will be installed prior to operation.

3.   Obtain the necessary air quality permits for both the site and any equipment which may operate at the site. 

4.   The Natural Resources Department shall meet with the local citizens to resolve issues of operation including hours of operation, noise, etc.

 

Commissioner Cox seconded the Motion.

 

Commissioners' Cox, Hart, Karabensh, Morgan, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

ITEM #5  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #08-CA0083:  Mr. Lafferty provided background information on the request to amend the Land Use Code to include the Estes Valley Plan Area to the special events requirements in the code.

 

PUBLIC TESTIMONY:

None

 

DISCUSSION:

Commissioner Weitkunat moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners the Amendments to the Larimer County Land Use Code, file #08-CA0083, as follows:

 

1.  Amend the Land Use Code, Section 2.4.A, as follows:

 

2.4. APPLICABILITY

A. This code applies to the development and use of land in unincorporated Larimer County, except land in the Estes Valley shown on the map in the technical supplement. However, sections 4.2.2, 5.8, 5.11, 7.0 and 9.0 do apply to land in the Estes Valley.

 

2.  Amend the Land Use Code, Section 7.0, as follows:

 

7.0. SPECIAL EVENTS.

Special events are allowed in unincorporated Larimer County, excluding the Estes Valley, upon issuance of a special event permit as provided in this section 7.

 

Commissioner Waldo seconded the Motion.

 

Commissioners' Cox, Hart, Karabensh, Morgan, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

REPORT FROM STAFF:  Mr. Lafferty reminded the Commission of their upcoming meetings. 

 

ADJOURNMENT:  There being no further business, the hearing adjourned at 7:44 p.m.

 

 

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

 

 

_______________________________                      ______________________________

Jeff Boulter, Chairman                                      Mina Cox, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT “A”

 

Lot 6, Block 5, Cedar Springs 3rd Filing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

THAT PORTION OF THE NORTH HALF OF SECTION 11, TOWNSHIP 4 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN IN THE COUNTY OF LARIMER, STATE OF COLORADO,

MORE PARTICULARLY DESCRIBED AS FOLLOWS:'

CONSIDERING THE EAST-WEST CENTERLINE OF SAID SECTION 11 AS BEARING EAST AND WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 11;

 

THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 11 WEST, 3264.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF SAID SECTION 11 EAST, 400.00 FEET TO THE CENTERLINE OF THE HARDY DITCH,

 

SAID CENTERLINE BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1214, PAGE 392, RECORDS OF SAID COUNTY;

 

THENCE ALONG THE WESTERLY LINE OF SAID LAND, NORTH 1 DEGREE 37' 00" EAST, 109.57 FEET;

THENCE NORTH 9 DEGREES 10'00" WEST, 239.60 FEET;

THENCE NORTH 4 DEGREES 18'00" EAST, 93.48 FEET;

THENCE NORTH 25 DEGREES 56' 00" EAST, 124.50 FEET;

THENCE NORTH 39 DEGREES 20'00" EAST, 106.35 FEET;

THENCE NORTH 61 DEGREES 54' 00" EAST, 28.25 FEET;

THENCE LEAVING SAID LAND IN BOOK 1214, PAGE 392, NORTH 1 DEGREE 42' 00" WEST,149.60 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OFLAND DESCRIBED IN DEED RECORDED IN BOOK 1161, PAGE 374, RECORDS OF SAID COUNTY;

THENCE ALONG SAID LINE NORTH 59 DEGREES 41'07" WEST, 430.24 FEET;

THENCE NORTH 41 DEGREES 48'07" WEST 214.32 FEET, MORE OR LESS, TO A LINE WHICH BEARS SOUTH AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH, 1173.28 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 11, TOWNSHIP 4 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 11, AND CONSIDERING THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 11 TO BEAR NORTH 90 DEGREES 00' 00" WEST, WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO:

 

THENCE NORTH 90 DEGREES 00' 00" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 11, A DISTANCE OF 3264.50 FEET;

THENCE NORTH 00 DEGREES 00' 00" EAST ALONG THE WEST LINE OF A TRACT OF LAND DESCRIBED IN BOOK 1411, PAGE 364, A DISTANCE OF 461.31 FEET; THENCE NORTH 90 DEGREES 00' 00" EAST, 179.76 FEET

 

 

TO THE TRUE POINT OF BEGINNING;

THENCE NORTH 00 DEGREES 00' 00" EAST, 530.62 FEET TO THE NORTHERLY LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 1411, PAGE 364;

THENCE ALONG THE OUTER BOUNDARY OF SAID TRACT OF LAND BY THE FOLLOWING 5 BEARINGS AND DISTANCES: SOUTH 59 DEGREES 41' 07" EAST, 387.49 FEET; SOUTH 01 DEGREE 42'00" EAST, 149.60 FEET; SOUTH 61 DEGREES 54' 00" WEST, 28.25 FEET; SOUTH 39 DEGREES 20' 00" WEST, 106.35 FEET; SOUTH 25 DEGREES 56' 00" WEST, 100.00 FEET:

THENCE SOUTH 90 DEGREES 00'00" WEST, 202.89 FEET TO THE TRUE POINT OF

BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

That portion of the Northeast Quarter of Section 6, Township 4 North, Range 69 West of

the 6th P.M., County of Larimer, State of Colorado being more particularly described as

follows:

Considering the Last line of the Northeast Quarter of said Section 6 as bearing South

01°00'02" East and with all bearings contained herein relative thereto:

Beginning at the Northeast comer of said Section 6; thence along the East line of the

Northeast Quarter of said Section 6 South 01°00'02" East 651.27 feet to the TRUE

POINT OF BEGINNING; thence continuing along said East line South 01°00’02" East

103 1.73 feet; thence departing said East line South 88°59'58" West 1600.20 feet; thence

North 06°42'41" West 946.84 feel, more or less, to a point on the approximate centerline

of the Handy Ditch; thence along said approximate centerline the following thirteen

courses and distances: North 85°34'43" East 131.99 feet; South 72°38'29" East 251.67

feet; South 86°23'49" East 354.13 feet; South 75°48'17" East 118.01 feet; North

52°19'05" East 41.46 feet; North 55°15'09" East 150.56 feet; South 89°16'19" East

174.51 feet; North 79°05'20” East 155.56 feet; South 81°56'58" East 131.98 feet: South

77°24'18" East 98.11 feet; North 62°41'13" East 125.71 feet: North 68°30'20 East

134.47 feet; North 80°30'50" East 106.76 feet. more or less, to a point on the East line of

the Northeast Quarter of said Section 6 and the TRUE POINT OF BEGINNING.

Containing 35.00 Acres. more or less, and being subject to all existing easements and or

rights of way of record.

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.