HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2021 - SECOND READING OF ORDINANCE NO. 159, 2021 AUTHORIZ Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY December 7, 2021
City Council
STAFF
David Myers, Land Conservation Manager
Judy Schmidt, Legal
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 16, 2021, authorizes 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.
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 Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agend Item Summary, November 16, 2021 (w/o attachments) (PDF)
2. Ordinance No. 159, 2021 (PDF)
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 restrictions 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 approves 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.
ATTACHMENT 1
COPY
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 Area 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 Among 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 Notices with three
primary modifications:
COPY
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 the 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 the 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) COPY
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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
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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 fide 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 Remediation 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 private person or
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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 attached 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
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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
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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
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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