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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2021 - ITEMS RELATED TO THE CONVEYANCE OF A RESTRICTIVE N Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY November 16, 2021 City Council STAFF David Myers, Land Conservation Manager Judy Schmidt, Legal SUBJECT Items Related to the Conveyance of a Restrictive Notice on Portions of Cathy Fromme Prairie Natural Area in Connection with Remediation of Environmental Contamination at the Larimer County Landfill. EXECUTIVE SUMMARY A. Resolution 2021-103 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and The Board of County Commissioners of Larimer County, Colorado Related to Restrictive Notice Reporting Requirements. B. First Reading of Ordinance No. 159, 2021 Authorizing Conveyance of Notices of Environmental Use Restrictions to the Colorado Department of Public Health and Environment on Portions of Cathy Fromme Prairie Natural Area in Connection with Remediation of Groundwater Contamination from the Larimer County Landfill. The purpose of this item is to authorize conveyance of two Restrictive Notices to the Colorado Department of Public Health and Environment (“CDPHE”): one applicable to parcels located in Cathy Fromme Prairie Natural Area (“CFP Natural Area”) owned solely by Fort Collins (the “Fort Collins Restrictive Notice”) and one applicable to parcels located in CFP Natural Area owned jointly by Fort Collins and Larimer County (the “Joint Restrictive Notice”). The parcels are located near the Larimer County Landfill and are impacted by contaminated groundwater emanating from the Landfill. The Restrictive Notices are requested by Larimer County in connection with its remediation of the Landfill environmental contamination. They prohibit certain activities and uses that could create exposure to contaminants from groundwater and are intended to protect public health while permitting CDPHE to apply less stringent cleanup standards for two (but not all) contaminants of concern, likely reducing the cost of the remediation. While the Restrictive Notices will limit uses and activities on portions of CFP Natural Area, such restr ictions will only encumber a relatively small portion of CFP Natural Area. Further, the Natural Areas Department has determined that the restrictions will not significantly impact the use, operation, and management of the CFP Natural Area. The Restrictive Notices require annual compliance reporting to CDPHE. Because Larimer County has requested the Restrictive Notices and will be on the Fort Collins Parcels (as well as the other parcels), conducting testing and remediation activities, the Resolution appro ves an Intergovernmental Agreement (“IGA”) with Larimer County under which Larimer County agrees to certify to Fort Collins that the County has complied with the Restrictive Notice while on the Fort Collins Parcels, will be responsible for any non - compliance and will pay any applicable fees imposed by CDPHE in connection with the annual compliance reporting requirements. Agenda Item 16 Item # 16 Page 2 Important Note: Larimer County, in cooperation with CDPHE, has posted the Restrictive Notices for a 30 -day public comment period. CDPHE will review any public comment received and may request changes to the Restrictive Notices based on that comment. Any such changes will be presented to Council at second reading. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The City owns, independently and jointly with Larimer County (the “County”) multiple parcels of land in Southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “Natural Area”). The Natural A rea is managed by the City under an existing Intergovernmental Agreement with the County. The Larimer County Landfill sits to the south and west of the Natural Area and west of Taft Hill Road. Resolution 2020-119 approved an Intergovernmental Agreement Am ong Larimer County, the City of Fort Collins, and the City of Loveland Related to Corrective Measures at the Larimer County Landfill (the “Remediation IGA”). The Remediation IGA assigns responsibilities for the remediation of environmental contamination at and from the Larimer County Landfill to Larimer County and allocates financial commitments of the three parties (who are joint owners of the Landfill site). The standards for such remediation are set by CDPHE. Larimer County has asked the City and CDPHE to adopt two Restrictive Notices on portions of Cathy Fromme Prairie Natural Area to minimize remediation costs while still maintaining a CDPHE approved level of cleanup determined by CDPHE to be protective of public health. Two Restrictive Notices (RNs) are needed on parcels owned or jointly owned by the City in the Natural Area, One Restrictive Notice is for parcels solely owned by the City (the Fort Collins Restrictive Notice) and the other is for the parcels jointly owned by the City and County (the Joint Restrictive Notice). Other than property ownership (and therefore, responsibility for annual certification), the RNs are the same. The County will also convey a Restrictive Notice for a parcel that it owns independently. The Restrictive Notices will encumber 15% of Cathy Fromme Prairie Natural Area or 171.5 acres of 1,154 acres (Attachment 1). The unencumbered portions of the Natural Area will remain unaffected by the Landfill cleanup. CDPHE requires groundwater remediation to meet Regulation 41 ambient groundwater quality standards. Regulation 41 has two levels of cleanup – the first number is a strictly health-based number and typically drives remediation goals for ambient groundwater quality in Colorado. The second number is less stringent and is based on the federal Safe Drinking Water Act maximum contaminant level determined acceptable for public water supplies considering limitations to treatability and laboratory detection. In Colorado, setting the protection level at the less stringent water quality standard can be imposed by CDPHE if access to the groundwater is restricted (e.g., not used for public water supply). Cleanup to a more stringent water quality standard is typically more expensive. Staff concurs with the CDPHE’s determination that with the Restrictive Notices, the proposed groundwater remediation standards protect public health. In addition, Natural Areas never expects the groundwater on the Natural Area to be used for consumptive purposes and CDPHE’s determination is consistent with the framework set forth in the Remediation IGA. Finally, the Restrictive Notices do not significantly impact operations of the Natural Area. The Natural Areas Department will continue to manage Cathy Fromme Prairie unencumbered by the Restrictive No tices with three primary modifications: Agenda Item 16 Item # 16 Page 3 1. If it is determined that a vault restroom is needed within the Restrictive Notice, CDPHE approval would be required, and vapor mitigation may be necessary; 2. Activities that may or do expose groundwater will require notification to CDPHE and must be carried out in accordance with a management plan; and 3. Yearly compliance reporting to CDPHE is required. CITY FINANCIAL IMPACTS The Remediation IGA requires allocating remediation costs among the City, Larimer County, and the City of Loveland as follows: 1. The County will pay the first $3 million 2. Additional amounts will be divided as follows: • County – 60% • City of Fort Collins – 30% • City of Loveland – 10% Although the full scope of how the Restrictive Notices will impact t he cost of the remediation is unknown at this time, they will permit a less stringent standard of cleanup which is likely to lower the overall cost of remediation. Therefore, the financial impacts of the Restrictive Notices appear likely be beneficial to t he City. BOARD / COMMISSION RECOMMENDATION At the October 13 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend Council adopt the ordinance. (Attachment 2) PUBLIC OUTREACH A 30-day public comment period is required by CDPHE and will be completed prior to second reading. ATTACHMENTS 1. Vicinity Map (PDF) 2. Land Conservation and Stewardship Board Minutes (PDF) 36,112 1.1 Vicinity - Cathy Fromme Prairie Restrictive Notices This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 27,437 City of Fort Collins - GIS 1.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Miles1.000.50 Notes Restricted Area Shown in Red. Legend NearMap Logo ATTACHMENT 1 Land Conservation & Stewardship Board Regular Meeting/Zoom Meeting October 13, 2021 1 0/13 /2021 – M INUTES P age 1 Excerpt Restrictive Notice – Cathy Fromme Prairie Dave Myers, Land Conservation Manager introduced the Restrictive Notice on Cathy Fromme Prairie Natural Area. Dave has introduced the topic to the Board several times in the past. As shared with the Board at the August 2021 Executive Session, staff has successfully negotiated the terms of the Restrictive Notice on Cathy Fromme Prairie Natural Area preserving the Department’s rights to manage the Natural Area with very limited restrictions. The Restrictive Notice (RN) from Colorado Department of Health and Environment (CDHE), will be recorded with the County Clerk’s office and tied to the land. The purpose of the RN is to protect human health and the environment from contaminated groundwater by restricting uses by the landowner that may cause exposure. Dave reviewed the restrictions of the RN and explained there would be no financial impact to the Natural Areas Department. Discussion: Ray asked how far downstream the toxins been detected. Dave demonstrated on the map where the toxins have been detected on both areas. The potential for interception wells might be necessary in the future. The Order of Consent will list the remediations requirements and process. Through the IGA and the County being the manager, NAD doesn’t have a seat at the table on the negotiations of the Order of Consent. Dave will come back to the Board when he has more information on the spec ifics. Dave explained that the landfill has to pay for the first $3M of remediation, specifically to the groundwater contamination. The County will pay 60% and the city will pay 30% and the City of Loveland will pay 10%. Cole Kramer made a motion that the Land Conservation and Stewardship Board recommend that City Council approve a Restrictive Notice on Cathy Fromme Prairie Natural Area. Alycia Crall seconded the motion. The motion was unanimously approved 9-0 ATTACHMENT 2 -1- RESOLUTION 2021-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO RELATED TO RESTRICTIVE NOTICE REPORTING REQUIREMENTS WHEREAS, the Board of County Commissioners of Larimer County, Colorado (“Larimer County”) and the City of Fort Collins (“Fort Collins) are party to an Intergovernmental Agreement dated December 29, 2020 (the “Remediation IGA”), that establishes a framework for addressing corrective measures at the Larimer County Landfill (the “Landfill”) in compliance with requirements of the Colorado Department of Public Health and Environment (the “Department”), including sharing of Remediation Costs as defined therein; and WHEREAS, Fort Collins is the fee owner of certain parcels of real property located in Larimer County, Colorado in the vicinity of or adjacent to the Landfill (the “Fort Collins Parcels”); and WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act (the “Act”) and consistent with the Remediation IGA, Larimer County and the Department have entered into Compliance Order on Consent (Number 21-10-07-01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 6 CCR 1002-41 (“Regulation No. 41- The Basic Standards for Ground Water”) for vinyl chloride (VC) (2 micrograms per liter) and cis-1,2, DCE (70 micrograms per liter) will apply to groundwater at the Landfill’s point of compliance if institutional controls necessary to protect human health and the environment are established on the certain impacted property adjacent to the Landfill, including the Fort Collins Parcels, other parcels of land owned jointly by Fort Collins and Larimer County, and other parcels owned solely by Larimer County; and WHEREAS, Larimer County therefore has requested that Fort Collins approve a Notice of Environmental Use Restrictions, also referred to as a Restrictive Notice, as provided in Article 15 of Title 25, Colorado Revised Statutes and Fort Collins has agreed to execute an Restrictive Notice on the Fort Collins Parcels imposing such institutional controls; and WHEREAS, a provision of the Restrictive Notice requires Fort Colins to annually certify to the Department compliance and any non-compliance with the terms of the Restrictive Notice; and WHEREAS, the Restrictive Notice is being approved by Fort Collins at the County’s request and it is anticipated that the County will need to perform remediation activities on the Fort Collins Parcels in connection with corrective measures approved by the Department and consistent with the Remediation IGA; and WHEREAS, in light of the foregoing, Fort Collins and Larimer County wish to enter into an intergovernmental agreement setting forth their respective obligations related to the annual -2- certification and reporting requirements under the Restrictive Notice for the Fort Collins Parcels substantially in the form attached hereto as Exhibit “A” and incorporated herein by this reference (the “Restrictive Notice IGA”); and WHEREAS, Article II, Section 16 of the City of Fort Collins Charter empowers the City Council, by ordinance and resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Colorado Revised Statutes Section 29-1-203 and Article XIV, Section 18 of the Colorado Constitution provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, the City Council has determined that the Restrictive Notice IGA is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Mayor is hereby authorized to execute the Restrictive Notice IGA substantially in the form attached hereto as Exhibit “A,” with such modifications and additions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of November, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk INTERGOVERNMENTAL AGREEMENT RELATED TO RESTRICTIVE NOTICE REPORTING REQUIREMENTS This Intergovernmental Agreement (“IGA”) is made by and among the Board of County Commissioners of Larimer County, Colorado (“County”) and the City of Fort Collins, Colorado (“Fort Collins”), effective on the date on which both Parties have signed the IGA as reflected below. WHEREAS, the County and Fort Collins are party to an IGA dated December 29, 2020, that establishes a framework for addressing corrective measures at the Larimer County Landfill (Landfill) in compliance with requirements of the Colorado Department of Public Health and Environment (CDPHE); and WHEREAS, Fort Collins is the owner of certain parcels of real property located in Larimer County, Colorado identified on Exhibit A attached hereto and incorporated herein by reference (Parcels) in the vicinity of the Landfill; and WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act and consistent with the IGA, the County and CDPHE have negotiated a Compliance Order on Consent (Number 21-10-07-01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 5 CCR 1002-41 (“Regulation No. 41- The Basic Standards for Ground Water”) for vinyl chloride (VC) (2 micrograms per liter) and cis-1,2, DCE (70 micrograms per liter) will apply to groundwater at the Landfill’s point of compliance if institutional controls necessary to protect human health and the environment are established on the certain impacted property adjacent to the Landfill, including the Parcels owned solely by Fort Collins, other parcels of land owned jointly by Fort Collins and the County, and other parcels owned solely by the County; and WHEREAS, the County therefore has requested that Fort Collins approve a Restrictive Notice (RN) as provided in Article 15 of Title 25, Colorado Revised Statutes and Fort Collins, as owner of the Parcels, has agreed to a RN on the Parcels imposing such institutional controls; and WHEREAS, a provision of the RN requires Fort Colins to annually certify to CDPHE compliance and any non-compliance with the terms of the RN; and WHEREAS, the RN is being approved by Fort Collins at the County’s request and it is anticipated that the County will need to perform remediation activities on the Parcels in connection with corrective measures approved by CDPHE, and the Parties intend this IGA to set for the County and Fort Collins understanding as to their respective undertakings in connection with the annual certification obligations under the RN. EXHIBIT A NOW, THEREFORE, the County and Fort Collins agree as follows: 1. For any activities by the County on the Parcels, the County shall be responsible for ensuring they are compliant with the terms of RN and shall be responsible any obligations and/or remediation resulting from the County’s noncompliance. 2. To enable Fort Collins to provide an annual certification of compliance and non- compliance required by the terms of the RN, each year the County shall certify to Fort Collins in writing that any activities of the County on the Parcels were compliant with the terms of the RN. 3. The County agrees to pay any applicable annual inspection fees or other fees associated with the RN that are imposed on Fort Collins by CDPHE. The City of Fort Collins has caused this instrument to be executed this ____ day of _____________, 2021. THE CITY OF FORT COLLINS a Colorado home-rule municipality By: Jeni Arndt, Mayor ATTEST: Tami Pusheck, Interim City Clerk THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY By: John Kefalas, Chair Date ATTEST: Deputy Clerk EXHIBIT A -1- ORDINANCE NO. 159, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING CONVEYANCE OF NOTICES OF ENVIRONMENTAL USE RESTRICTIONS TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ON PORTIONS OF CATHY FROMME PRAIRIE NATURAL AREA IN CONNECTION WITH REMEDIATION OF GROUNDWATER CONTAMINATION FROM THE LARIMER COUNTY LANDFILL WHEREAS, the City of Fort Collins (Fort Collins) is the fee owner of certain parcels of real property (the “Fort Collins Parcels”) and jointly with Larimer County, Colorado (“Larimer County”) owns certain other parcels of real property (the “Jointly Owned Parcels”) located adjacent to the Larimer County Landfill and used, operated and maintained by the Fort Collins Natural Areas Department (“Natural Areas”) as part of the Cathy Fromme Prairie Natural Area (“CFP Natural Area”) pursuant to an Intergovernmental Agreement; and WHEREAS, Larimer County is the fee owner of certain additional parcels of property (the “County Parcels”), which are also included used, operated and maintained by Natural Areas as a part of the CFP Natural Area; and WHEREAS, the Fort Collins Parcels, Jointly Owned Parcels and County Parcels are adjacent to the Larimer County Landfill, a municipal solid waste landfill (the “Landfill”) that is the subject of enforcement and remedial action by the Colorado Department of Public Health and Environment (the “Department”) pursuant to the Solid Waste Disposal Sites and Facilities Act, Colorado Revised Statutes Section 30-20-101, et seq., (the “Act”); and WHEREAS, Larimer County and Fort Collins are party to an Intergovernmental Agreement dated December 29, 2020 (the “Remediation IGA”), that establishes a framework for addressing corrective measures at the Landfill in compliance with requirements of the Department, including sharing “Remediation Costs” as defined and determined therein; and WHEREAS, pursuant to the Act and consistent with the Remediation IGA, Larimer County and the Department have negotiated a Compliance Order on Consent (Number 21 -10-07- 01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 6 CCR 1002-41 (“Regulation No. 41- The Basic Standards for Ground Water”) for vinyl chloride (VC) (2 micrograms per liter) and cis-1,2, DCE (70 micrograms per liter) will apply to groundwater at the Landfill’s point of compliance if institutional controls necessary to protect human health and the environment are established on the Fort Collins Parcels, the Jointly Owned Parcels and the County Parcels; and WHEREAS, Larimer County therefore has requested that Fort Collins approve and execute a Notice of Environmental Use Restrictions, also referred to as a Restrictive Notice, in accordance with Article 15 of Title 25, Colorado Revised Statutes, to impose such institutional controls by restricting uses of the Fort Collins Parcels and the Jointly Owned Parcels; and -2- WHEREAS, Fort Collins has agreed to execute one Restrictive Notice restricting uses on and applicable to the Fort Collins Parcels substantially in the form attached hereto as Exhibit “A” and incorporated herein by reference (the “Fort Collins Restrictive Notice”) and one Restrictive Notice restricting uses on and applicable to the Jointly Owned Parcels substantially in the form attached hereto as Exhibit “B” and incorporated herein by reference (the “Joint Restrictive Notice”); and WHEREAS, the Larimer County Board of Commissioners has also agreed to execute the Joint Restrictive Notice restricting uses on and applicable to the Jointly Owned Parcels and a second Restrictive Notice restricting uses on and applicable to the Larimer County Parcels in a form substantially similar to the other two Restrictive Notices; and WHEREAS, the Restrictive Notices are subject to a Public Comment Period as required by Colorado statute and overseen by the Department, after which the Department may require modification of all three of the Restrictive Notices prior to finalization and second reading of this ordinance (“Required Modifications”); and WHEREAS, the Restrictive Notices will only encumber a portion of the CFP Natural Area and Natural Areas has determined that they will not significantly impact the use, operation and management of the CFP Natural Area; and WHEREAS, at its October 13, 2021, meeting, the Land Conservation & Stewardship Board voted unanimously to recommend that City Council approve the Restrictive Notices; and WHEREAS, the Restrictive Notices convey an interest in real property to the Department restricting the uses of the Fort Collins Parcels and the Jointly Owned Parcel as set forth therein and City Council may authorize such a conveyance by adoption of an ordinance in accordance with City Code Section 23-111; and WHEREAS, City Council finds that conveyance of an interest in the Fort Collins Parcels and the Jointly Owned Parcels as accomplished by the Fort Collins Restrictive Notice and the Joint Restrictive Notice is in the best interests of the City; and WHEREAS, the City Council has also approved Resolution 2021-103, authorizing an intergovernmental agreement between the City and Larimer County, establishing and documenting the commitments of Larimer County in connection with compliance actions required in the Restrictive Notices (the “IGA”); and WHEREAS, City Council further finds that conveyance of an interest in the Fort Collins Parcels and the Jointly Owned Parcels as accomplished by the Fort Collins Restrictive Notice and the Joint Restrictive Notice without the payment of fair market value serves a bona fid e public purpose as required by City Code Section 23-114 because the conveyance will: (i) promote the health, safety, and general welfare and benefit a significant segment of the citizens of Fort Collins; (ii) support the City’s goals under the Remediatio n IGA; (iii) leverage the City’s financial support by Larimer County’s similar conveyances with respect to the Jointly Owned Parcels and the Larimer County Parcels; (iv) will not result in any direct financial person to any -3- private person or entity; and (v) not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves and authorizes the Mayor to execute the Fort Collins Restrictive Notice substantially in the form attached hereto as Exhibit “A,” conditioned upon the execution of the IGA and with such modifications and additions as the City Manager, after consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes set forth herein, including any Required Modifications. Section 3. That the City Council hereby approves and authorizes the Mayor to execute the Joint Restrictive Notice substantially in the form attach ed hereto as Exhibit “B,” conditioned upon the execution of the IGA and with such modifications and additions as the City Manager, after consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes set forth herein, including any Required Modifications. Introduced, considered favorably on first reading, and ordered published this 16th day of November, A.D. 2021, and to be presented for final passage on the 7th day of December, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on this 7th day of December, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk 1 This property is subject to a Notice of Environmental Use Restrictions imposed by the Colorado Department of Public Health and Environment pursuant to section 25-15-321.5, Colorado Revised Statutes NOTICE OF ENVIRONMENTAL USE RESTRICTIONS WHEREAS, the City of Fort Collins, a Colorado home-rule municipality (“Fort Collins”) (“OWNER”) is the owner of certain parcels of real property located in Larimer County, Colorado (“Larimer County”), more particularly described in Attachment A, attached hereto and incorporated herein by reference as though fully set forth (hereinafter referred to collectively as “the Property”); and WHEREAS, the Property is used, operated and maintained by the Fort Collins’ Natural Areas Department (“Natural Areas”) as a part of the Cathy Fromme Prairie Natural Area (the “CFP Natural Area”); which CFP Natural Area includes additional parcels owned jointly by Fort Collins and Larimer County and managed by Natural Areas pursuant to an Intergovernmental Agreement with Larimer County; and WHEREAS, the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and the Environment (“the Department”), which is located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, is authorized to approve Notices of Environmental Use Restrictions (a/k/a “Restrictive Notices”) pursuant to § 25-15-320(4)(a) of the Colorado Hazardous Waste Act, § 25-15-101, et seq., C.R.S. (“CHWA”); and WHEREAS, for purposes of indexing in the County Clerk and Recorder’s office Grantor- Grantee index only, the City of Fort Collins shall be considered the Grantor, and the Colorado Department of Public Health and Environment shall be considered the Grantee. Nothing in the preceding sentence shall be construed to create or transfer any right, title or interest in the Property; and WHEREAS, the Property is adjacent to the Larimer County Landfill, a municipal solid waste landfill (the “Facility”) that is the subject of enforcement and remedial action pursuant to the Solid Waste Disposal Sites and Facilities Act, § 30-20-101, et seq., C.R.S.; and WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act, Larimer County and the Department have entered into Compliance Order on Consent (Number 21-10-07-01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 6 CCR 1002-41 (“Regulation No. 41- The Basic Standards for Ground Water”) for vinyl chloride (VC) (2 micrograms per liter) and cis-1,2, DCE (70 micrograms per liter) will apply to groundwater at the Facility’s point of compliance if institutional controls necessary to protect human health and the environment are established on the impacted Property, which is adjacent to the Facility; and EXHIBIT A 2 WHEREAS, the purpose of this Restrictive Notice is to put in place such institutional controls; and WHEREAS, Larimer County has requested that the Department approve this Restrictive Notice as provided in Article 15 of Title 25, Colorado Revised Statutes and Fort Collins, as Owner of the Property and joint owner of the Facility, has agreed to this Restrictive Notice ; and NOW, THEREFORE, the Department approves t his Restrictive Notice pursuant to § 25-15- 321.5, C.R.S. The Property described in Attachment A shall hereinafter be subject to the following requirements set forth in paragraphs 1 through 13 be low, which shall be binding on the City of Fort Collins as the Owner of the Property described in Attachment A and all persons now or subsequently having any right, title or interest in the Property, or any part thereof, and any persons using the Property, as described herein. As used in this Restrictive Notice, the term OWNER means the then current record owner of each parcel included in the Property. 1) Use restrictions. a) No water from the aquifer may be withdrawn or used for any purpose, except as authorized in a remedial decision document approved by the Department or an environmental sampling plan. b) Nothing in t he preceding sentence shall prohibit the installation or use of monitoring or remedial wells or engineered features as part of a remedial action, as authorized in a remedial decision document or environmental sampling plan approved by the Department . c) Actions that may damage or impair the proper functioning of any authorized remedial wells or engineered features as part of a remedial action are prohibited. d) Construction dewatering is permitted in accordance with a constructio n dewatering permit. Any person applying for a construction dewatering permit on the Property must notify the Water Quality Control Division of the Colorado Department of Public Health and Environment that the groundwater is contaminated, and a restrictive notice has been imposed. e) Surface water on the Property may not be used for public water system supply or domestic use. “Domestic use” means household or family use, including, but not limited to: drinking, bathing, and irrigating vegetation or crops intended for human consumption. f) Actions that may cause contaminated groundwater to be exposed to the surface are prohibited. g) No new structures intended for human occupancy (including residences, offices, or other workplaces, etc.) may be built on the Property without Department appro val. The Department may require that new structures intended for human occupancy include a properly designed and constructed vapor intrusion mitigation system or other engineering control designed to prevent airborne concentrations of contaminants of concern within the structure from exceeding concentrations specified in an operations and maintenance plan approved by EXHIBIT A 3 the Department. Once constructed, the engineering controls must be operated and maintained as specified in the approved operations and maintenance plan. 2) Modifications. This Restrictive Notice shall remain in full force and effect unless modified or terminated in accordance with this paragraph and pursuant to § 25-15-321.5, C.R.S. or any successor statute. An OWNER may request that the Department approve a modification or termination of the Restrictive Notice. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The Department shall review any submitted information and may request additional information. If the Department determines that the proposal to modify or terminate the Restrictive Notice will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of this Restrictive Notice shall be effective unless the Department has approved such modification or termination in writing. Informa tion to support a request for modification or termination may include one or more of the following: a) a proposal to perform additional remedial work; b) new information regarding the risks posed by the residual contamination; c) information demonstrating that residual contamination has diminished; d) information demonstrating that an engineered feature or structure is no longer necessary; e) information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and f) other appropriate supporting information. As between Fort Collins and Larimer County and because Larimer County is undertaking remedial action with respect to the Facility pursuant to the Compliance Order on Consent and has t he data, information, and analyses related to the contamination and remedial activities, Larimer County shall make available to the City and to the Department, without cost, all data, information and analyses in its possession or control that is requested by the Department in connection with a proposed modification or termination by Fort Collins, or demonstrating that the proposed modification or termination would not adversely impact the remedy and is protective of human health and the environment . 3) Conveyances. OWNER shall notify the Department at least fifteen (15) days prior to any conveyance of any interest in any or all of the Property. Within t hirty (30) days after any such conveyance, OWNER shall provide the Department with the name, mailing address and telephone number of the new OWNER. 4) Notice to Lessees. OWNER agrees to incorporate either in full or by reference the restrictions of this Restrictive Notice in any leases, licenses, or other instruments granting a right to use the Property. As between Fort Collins and Larimer County, all existing easements and other rights granted by Fort Collins to Larimer County with respect to use of those portions of the Property owned by Fort Collins, including but not limited to that certain Easement Deed recorded July 29, 2019, at Reception #20190043046, are hereby made subject to this Restrictive Notice. EXHIBIT A 4 5) Notification for proposed construction and land use. OWNER shall notify the Department simultaneously when submitting any application to a local government for a building permit or change in land use. 6) Inspections. The Department, including its authorized employees, agents, representatives and independent contractors, shall have the right of entry to the Property at reasonable times with prior notice for the purpose of determining compliance with the terms of this Restrictive Notice . 7) Third Party Beneficiary. The OWNER of the Property is a third -party beneficiary with the right to enforce the provisions of this Restrictive Notice as provided in § 25-15-322, C.R.S. 8) No Liability. The Department does not acquire any liability under State law by virtue of approving this Restrictive Notice. 9) Enforcement. The Department may enforce the terms of this Restrictive Notice pursuant to § 25-15-322, C.R.S. against OWNER and may file suit in district court to enjoin actual or threatened violations of this Restrictive Notice. 10) Owner’s Compliance Certification. OWNER shall execute and return a certification form provided by the Department, on an annual basis, detailing OWNER’s compliance, and any lack of compliance, with the terms of this Restrictive Notice. 11) Severability. If any part of this Restrictive Notice shall be decreed to be invalid by any court of competent jurisdiction, all of the other provisions hereof shall not be affected thereby and shall remain in full force and effect. 12) Notices. Any document or communication required under this Restrictive Notice shall be sent or directed to: CDPHE: Taylor Pierce Hazardous Materials and Waste Management Division Colorado Department of Public Health and the Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Larimer County: County Manager P.O. Box 1190 Fort Collins, CO 80522 With a copy to: Larimer County Attorney’s Office 224 Canyon Avenue, Suite 200 Fort Collins, CO 80521 EXHIBIT A 5 Fort Collins: City Manager’s Office City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 300 Laporte Avenue Fort Collins, CO 80521 With a copy to: City Attorney's Office City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 300 LaPorte A venue Fort Collins, CO 80521 13) Subdivision of Property. At least 90 days prior to any subdivision of the Property, OWNER shall submit a plan addressing payment of any applicable annual inspection fees and the certification of compliance set forth in paragraph (10) of this Restrictive Notice. The plan may provide for contractual assignment of such obligations to, and assumption of such obligations by, a property management entity charged with managing the Property (including but not limited to a homeowner’s association of multiple OWNERs). The Department shall approve the plan if it determines that the plan reasonably will ensure continued compliance with the requirements of this Restrictive Notice. Any Department notice of disapproval shall include the Department’s rationale for its decision, including any additional information or changes to the plan that the Department requires before the plan can be approved. Any appeal of a Department notice of disapproval shall be taken in accordance with section 25-15-305(2), C.R.S. If OWNER fails to obtain approval of such plan prior to subdividing the Property, the owner of each subdivided parcel shall be responsible for paying a separate annual inspection fee, if applicable, and certifying its own compliance with the restrictions set forth in paragraph (1) of this Restrictive Notice. EXHIBIT A 6 The City of Fort Collins has caused this instrument to be executed this ____ day of _____________, 2021. THE CITY OF FORT COLLINS a Colorado home-rule municipality By: Title: Jeni Arndt, Mayor ATTEST: ______________________________________ Tami Pusheck. Interim City Clerk STATE OF COLORADO ) ) ss: COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by Jeni Arndt, Mayor, on behalf of the City of Fort Collins, a Colorado home-rule municipality. ___________________________________ Notary Public ___________________________________ Address My commission expires ____________________ EXHIBIT A 7 ACKNOWLEDGED: BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO By: __________________________________ Chair ATTEST ___________________________________ Deputy Clerk STATE OF COLORADO ) ) ss: COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by _______ as Chair on behalf of the Board of County Commissioners, Larimer County, Colorado. ___________________________________ Notary Public ___________________________________ Address My commission expires ____________________ EXHIBIT A 8 Accepted by the Colorado Department of Public Health and Environment this _______ day of ______________, 2021. By: Title: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by _________________________ on behalf of the Colorado Department of Public Health and Environment. ___________________________________ Notary Public ___________________________________ Address My commission expires ____________________ EXHIBIT A ATTACHMENT “A” to the NOTICE OF ENVIRONMENTAL USE RESTRICTIONS The “Property” subject to t his Notice of Environmental Use Restrictions is described on the pages attached hereto, consisting of six (6) pages and including a Map depicting Restricted Area #1 and Restricted Area #2 (1 page), a legal description and drawing of Restricted Area 1 (2 pages) and a legal description and drawing of Restricted Area 2 (3 pages). EXHIBIT A Larimer County Landfill City of Fort CollinsRestricted Area 2City of Fort CollinsRestricted Area 1 Larimer County Restricted Area Notice of Environmental Use Restriction: Larimer County Landfill ´ City of Fort Collins Restricted Area Larimer County Landfill ^Weld Larimer BoulderGrand 0 0.5 10.25 Miles EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A 1 This property is subject to a Notice of Environmental Use Restrictions imposed by the Colorado Department of Public Health and Environment pursuant to section 25-15-321.5, Colorado Revised Statutes NOTICE OF ENVIRONMENTAL USE RESTRICTIONS WHEREAS, the City of Fort Collins, a Colorado home-rule municipality (“Fort Collins”) and Larimer County, Colorado (“Larimer County”) jointly own the parcels of real property located in Larimer County, State of Colorado, more particularly described in Attachment A, attached hereto and incorporated herein by reference as though fully set forth (hereinafter referred to collectively as “the Property”); and WHEREAS, Fort Collins and Larimer County are hereinafter referred to as individually and collectively as the “OWNER” of the Property; and WHEREAS, the Property is used, operated and maintained by the Fort Collins’ Natural Areas Department (“Natural Areas”) as a part of the Cathy Fromme Prairie Natural Area (the “CFP Natural Area”), pursuant to an Intergovernmental Agreement with Larimer County; and WHEREAS, the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and the Environment (“the Department”), which is located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, is authorized to approve Notices of Environmental Use Restrictions (a/k/a “Restrictive Notices”) pursuant to § 25-15-320(4)(a) of the Colorado Hazardous Waste Act, § 25-15-101, et seq., C.R.S. (“CHWA”); and WHEREAS, for purposes of indexing in the County Clerk and Recorder’s office Grantor- Grantee index only, the City of Fort Collins and Larimer County shall be considered the Grantors, and the Colorado Department of Public Health and Environment shall be considered the Grantee. Nothing in the preceding sentence shall be construed to create or transfer any right, title or interest in the Property; and WHEREAS, the Property is adjacent to the Larimer County Landfill, a municipal solid waste landfill (the “Facility”) that is the subject of enforcement and remedial action pursuant to the Solid Waste Disposal Sites and Facilities Act, § 30-20-101, et seq., C.R.S.; and WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act, Larimer County and the Department have entered into Compliance Order on Consent (Number 21-10-07-01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 6 CCR 1002-41 (“Regulation No. 41- The Basic Standards for Ground Water”) for vinyl chloride (VC) (2 micrograms per liter) and cis-1,2, DCE (70 micrograms per liter) will apply to groundwater at the Facility’s point of compliance if institutional controls necessary to protect human health and the environment are established on the impacted Property, whic h is adjacent to the Facility; and EXHIBIT B 2 WHEREAS, the purpose of this Restrictive Notice is to put in place such institutional controls; and WHEREAS, Larimer County has requested that the Department approve this Restrictive Notice as provided in Article 15 of Title 25, Colorado Revised Statutes and Fort Collins, as the joint owner of the Property has agreed to this Restrictive Notice; and NOW, THEREFORE, the Department approves t his Restrictive Notice pursuant to § 25-15- 321.5, C.R.S. The Property described in Attachment A shall hereinafter be subject to the following requirements set forth in paragraphs 1 through 13 be low, which shall be binding on the Owners of the Property described in Attachment A and all persons now or subsequently having any right, title or interest in the Property, or any part thereof, and any persons using the Property, as described herein. As used in this Restrictive Notice, the term OWNER means the then current record owner of each parcel included in the Property. 1) Use restrictions. a) No water from the aquifer may be withdrawn or used for any purpose, except as authorized in a remedial decision document approved by the Department or an environmental sampling plan. b) Nothing in the preceding sentence shall prohibit the installation or use of monitoring or remedial wells or engineered features as part of a remedial action, as authorized in a remedial decision document or environmental sampling plan approved by the Department . c) Actions that may damage or impair the proper functioning of any authorized remedial wells or engineered features as part of a remedial action are prohibited. d) Construction dewatering is permitted in accordance with a constructio n dewatering permit. Any person applying for a construction dewatering permit on the Property must notify the Water Quality Control Division of the Colorado Department of Public Health and Environment that the groundwater is contaminated, and a restrictive notice has been imposed. e) Surface water on the Property may not be used for public water system supply or domestic use. “Domestic use” means household or family use, including, but not limited to: drinking, bathing, and irrigating vegetation or crops intended for human consumption. f) Actions that may cause contaminated groundwater to be exposed to the surface are prohibited. g) No new structures intended for human occupancy (including residences, offices, or other workplaces, etc.) may be built on the Property without Department approval. The Department may require that new structures intended for human occupancy include a properly designed and constructed vapor intrusion mitigation system or other engineering control designed to prevent airborne concentrations of contaminants of concern within the structure from exceeding concentrations specified in an operations and maintenance plan approved by the EXHIBIT B 3 Department. Once constructed, the engineering controls must be operated and maintained as specified in the approved operations and maintenance plan. 2) Modifications. This Restrictive Notice shall remain in full force and effect unless modified or terminated in accordance with this paragraph and pursuant to § 25-15-321.5, C.R.S. or any successor statute. An OWNER may request that the Department approve a modification or termination of the Restrictive Notice. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The Department shall review any submitted information and may request additional information. If the Department determines that the proposal to modify or terminate the Restrictive Notice will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of this Restrictive Notice sha ll be effective unless the Department has approved such modification or termination in writing. Information to support a request for modification or termination may include one or more of the following: a) a proposal to perform additional remedial work; b) new information regarding the risks posed by the residual contamination; c) information demonstrating that residual contamination has diminished; d) information demonstrating that an engineered feature or structure is no longer necessary; e) information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and f) other appropriate supporting information. As between Fort Collins and Larimer County and because Larimer County is undertaking remedial action with respect to the Facility pursuant to the Compliance Order on Consent and has the data, information, and analyses related to the contamination and remedial activities, Larimer County shall make available to the City and to the Department, without cost, all data, information and analyses in its possession or control that is requested by the Department in connection with a proposed modification or termination by Fort Collins, or demonstrating that the proposed modification or termination would not adversely impact the remedy and is protective of human health and the environment . 3) Conveyances. OWNER shall notify the Department at least fifteen (15) days prior to any conveyance of any interest in any or all of the Property. Within t hirty (30) days after any such conveyance, OWNER shall provide the Department with the name, mailing address and telephone number of the new OWNER. 4) Notice to Lessees. OWNER agrees to incorporate either in full or by reference the restrictions of this Restrictive Notice in any leases, licenses, or other instruments granting a right to use the Property. As between Fort Collins and Larimer County, all existing easements and other rights granted by Fort Collins to Larimer County with respect to use of those portions of the Property owned by Fort Collins, including but not limited to that certain Easement Deed recorded July 29, 2019, at Reception #20190043046, are hereby made subject to this Restrictive Notice. EXHIBIT B 4 5) Notification for proposed construction and land use. OWNER shall notify the Department simultaneously when submitting any application to a local government for a building permit or change in land use. 6) Inspections. The Department, including its authorized employees, agents, representatives and independent contractors, shall have the right of entry to the Property at reasonable times with prior notice for the purpose of determining compliance with the terms of this Restrictive Notice . 7) Third Party Beneficiary. The OWNER of the Property is a third -party beneficiary with the right to enforce the provisions of this Restrictive Notice as provided in § 25-15-322, C.R.S. 8) No Liability. The Department does not acquire any liability under State law by virtue of approving this Restrictive Notice. 9) Enforcement. The Department may enforce the terms of this Restrictive Notice pursuant to § 25-15-322, C.R.S. against OWNER and may file suit in district court to enjoin actual or threatened violations of this Restrictive Notice. 10) Owner’s Compliance Certification. Each OWNER shall execute and return a certification form provided by the Department, on an annual basis, detailing such OWNER’s compliance, and any lack of compliance, with the terms of this Restrictive Notice. As between Fort Collins and Larimer County, Fort Collins will execute and return this certification form as it relates to Fort Collins’ activities as required by this Restrictive Notice. Larimer County shall remain responsible for executing and returning any certification forms related to its activities (including remediation work if required by the Department ) on the Property. Larimer County shall pay any applicable annual inspection fees or other fees associated with this Restrictive Notice and imposed by the Department. 11) Severability. If any part of this Restrictive Notice shall be decreed to be invalid by any court of competent jurisdiction, all of the other provisions hereof shall not be affected thereby and shall remain in full force and effect. 12) Notices. Any document or communication required under this Restrictive Notice shall be sent or directed to: CDPHE: Taylor Pierce Hazardous Materials and Waste Management Division Colorado Department of Public Health and the Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 EXHIBIT B 5 Larimer County: County Manager P.O. Box 1190 Fort Collins, CO 80522 With a copy to: Larimer County Attorney’s Office 224 Canyon Avenue, Suite 200 Fort Collins, CO 80521 Fort Collins: City Manager’s Office City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 300 Laporte Avenue Fort Collins, CO 80521 With a copy to: City Attorney's Office City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 300 LaPorte A venue Fort Collins, CO 80521 13) Subdivision of Property. At least 90 days prior to any subdivision of the Property, OWNER shall submit a plan addressing payment of any applicable annual inspection fees and the certification of compliance set forth in paragraph (10) of this Restrictive Notice. The plan may provide for contractual assignment of such obligations to, and assumption of such obligations by, a property management entity charged with managing the Property (including but not limited to a homeowner’s association of multiple OWNERs). The Department shall approve the plan if it determines that the plan reasonably will ensure continued compliance with the requirements of this Restrictive Notice. Any Department notice of disapproval shall include the Department’s rationale for its decision, including any additional information or changes to the plan that the Department requires before the plan can be approved. Any appeal of a EXHIBIT B 6 Department notice of disapproval shall be taken in accordance with section 25-15-305(2), C.R.S. If OWNER fails to obtain approval of such plan prior to subdividing the Property, the owner of each subdivided parcel shall be responsible for paying a separate annual inspection fee, if applica ble, and certifying its own compliance with the restrictions set forth in paragraph (1) of this Restrictive Notice. The City of Fort Collins has caused this instrument to be executed this ____ day of _____________, 2021. THE CITY OF FORT COLLINS a Colorado home-rule municipality By: Title: Jeni Arndt, Mayor ATTEST: ______________________________________ Tami Pusheck. Interim City Clerk STATE OF COLORADO ) ) ss: COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by Jeni Arndt, Mayor on behalf of the City of Fort Collins, a Colorado home-rule municipality. ___________________________________ Notary Public ___________________________________ Address My commission expires ____________________ EXHIBIT B 7 BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO By: __________________________________ Chair ATTEST ___________________________________ Deputy Clerk STATE OF COLORADO ) ) ss: COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by _______ as Chair on behalf of the Board of County Commissioners, Larimer County, Colorado. ___________________________________ Notary Public ___________________________________ Address My commission expires ____________________ EXHIBIT B 8 Accepted by the Colorado Department of Public Health and Environment this _______ day of ______________, 2021. By: Title: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by _________________________ on behalf of the Colorado Department of Public Health and Environment. ___________________________________ Notary Public ___________________________________ Address My commission expires ____________________ EXHIBIT B ATTACHMENT “A” to the NOTICE OF ENVIRONMENTAL USE RESTRICTIONS The “Property” subject to this Notice of Environmental Use Restrictions is described on the pages attached hereto, consisting of six (6) pages and including a Map depicting Restricted Area #1 and Restricted Area #2 (1 page), a legal description and drawing of Restricted Area 1 (2 pages) and a legal description and drawing of Restricted Area 2 (3 pages). EXHIBIT B Larimer County Landfill City of Fort CollinsRestricted Area 2 City of Fort CollinsRestricted Area 1 City of Fort Collins / Larimer CountyRestricted Area 2 City of Fort Collins / Larimer CountyRestricted Area 1 Larimer County Restricted Area Notice of Environmental Use Restriction: Larimer County Landfill ´ City of Fort Collins / Larimer County Restricted Area Larimer County Landfill ^Weld Larimer BoulderGrand 0 0.5 10.25 Miles EXHIBIT B Restricted Area "1" A parcel of land for easement purposes situate in the Northwest Quarter of Section 10, Township 6 North, Range 69 West of the Sixth Principal Meridian being more particularly described as follows: Considering the North Line of the Northwest Quarter of said Section 10 as bearing South 89°40'00" West a distance of 2,646.46 feet from a 2 Vi" aluminum cap on a no. 6 rebar stamped PLS 11989 1996 to a 2 W' aluminum cap in a monument box stamped PLS 17497 2006 and with all bearings contained herein relative thereto; Commencing at the Northwest Comer of said Northwest Quarter; Thence North 89°40'00" East on said North Line a distance of 30.00 feet to the POINT OF BEGINNING on the East Right-of-Way Line of Taft Hill Road; Thence North 89 °40'00" East continuing on said North Line a distance of 725.51 feet; Thence departing said North Line, South 42 °10'34" West a distance of 472.81 feet; Thence South 89°40'00" West on a line parallel with said North Line a distance of 7.17 feet; Thence South 0 °08'43" East a distance of 751.46 feet; Thence South 89 °40'00" West on a line parallel with said North Line a distance of 400.00 feet to aforesaid East Right-of-Way Line of Taft Hill Road; Thence North 0 °08'43" West on said East Right-of-Way Line a distance of 1,100.00 feet to the POINT OF BEGINNING. The above described parcel contains 11.432 acres, more or less. Alex Randall Perkins Professional Land Surveyor Colorado Registration no. 3417 6 R:\Proj\5521\Survey\Easements\DESC_RESTRICTED_AREA_3.doc SHEET 1 of 2 EXHIBIT B "1"EXHIBIT B Restricted Area "2" A parcel of land for easement purposes situate in the Northwest Quarter and the North One Half of the Southwest Quarter of Section 10, Township 6 North, Range 69 West of the Sixth Principal Meridian being more particularly described as follows: Considering the East Line of said Southwest Quarter as bearing South 0° 18 '21" West a distance of 2,658.33 feet from a 3 W' aluminum cap on a no. 6 rebar stamped PLS 12374 1988 at the Center Quarter Corner to a 3" aluminum cap in a monument box with no legible stamping at the South Quarter Corner and with all bearings contained herein relative thereto; Commencing at said Center Quarter Comer of Section 1 O; Thence South 0°18'21" West on said East Line a distance of 1,069.15 feet to the POINT OF BEGINNING; Thence South 0°18'21" West continuing on said East Line a distance of 260.02 feet to the South Line of the North One Half of the Southwest Quarter of said Section 10; Thence South 89°36'29" West on said South Line a distance of 1,906.08 feet; Thence departing said South Line, North 46°50'56" West a distance of 963.78 feet to the Easterly Right-of-Way Line of Taft Hill Road; Thence North 1 °45'24" East on said Easterly Right-of-Way Line a distance of 671.40 feet; Thence North 0°08'43" West continuing on said Easterly Right-of-Way Line a distance of 1,182.50 feet; Thence departing said Easterly Right-of-Way Line, North 90°00'00" East a distance of 400.00 feet; Thence South 0°08'43" East, on a line parallel with said Easterly Right-of-Way Line a distance of 1,180.19 feet to the South Line of Aforesaid Northwest Quarter; Thence South 89°44'55" West on said South Line a distance of 275.00 feet; Thence departing said South Line South 46°50'56" East a distance of 1,560.64 feet to a point on the common line dividing the Northwest Quarter of the Southwest Quarter from the Northeast Quarter of the Southwest Quarter of said Section 1 O; Thence North 89°36'29" East on a line parallel with aforesaid South Line of the North One Half of the Southwest Quarter of said Section 10 a distance of 1,326.44 feet to the POINT OF BEGINNING. The above described parcel contains 38.551 acres, more or less. SHEET 1 OF 3 •·1 EXHIBIT B Alex Rondall Perkins Professional Land Surveyor Colorado Registration no. 34176 R:\Proj\5521 \Survey\Easements\DESC _RESTRICTED_ AREA_ 4.doc SHEET 2 OF 3 EXHIBIT B "2"EXHIBIT B