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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/15/2016 - FIRST READING OF ORDINANCE NO. 038, 2016, AUTHORIZAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Carol Webb, Water Resources/Treatmnt Opns Mgr Mark Kempton, Water Production Manager SUBJECT First Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of an access easement on City Property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel upstream from the Water Treatment Plant #1 property. The property was purchased in 1977, in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance would authorize City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The location of the Harper property lies within a basin area which has been of concern to the City since the 2012 fires because of erosion and water quality impairment. This basin area, known as Unnamed 3 and Unnamed 2b were heavily affected by the 2012 wildfires. This basin was targeted for restoration through the High Park Fire NRCS-Emergency Watershed Protection program in 2013-2014, but the majority of restoration in the lower basin was not able to be completed by the program end date. The Coalition for the Poudre River Watershed (CPRW), of which the City is a partner, completed restoration work in surrounding areas; however, they were unable to restore this particular basin area due to landowners’ concerns regarding granting access for the work. During a site visit with the property owner, Utilities staff discussed the driveway encroachment, alternatives, and the need for restoration of the area to protect the City’s water supply from excessive sediment. The encroaching driveway was found to not increase the erosion hazard in the area of concern, but the construction of a new driveway in a different location would likely create new, significant erosion hazards. CPRW completed an assessment and identified the need for additional stream channel and gully restoration and road realignment needs within the basin, including Mr. Harper’s property. The work proposed by CPRW is capable of retaining 34 tons of sediment within the basin thus reducing future deposition in the Poudre River. Funding to complete this work on the Harper property is currently available through CPRW. Staff determined that the greatest benefit to the City would be to keep the existing driveway in the constructed location and for Agenda Item 13 Item # 13 Page 2 the property owner to facilitate agreements with CPRW and his neighboring property owners within the basin area to complete additional post-fire restoration projects within the basin. Since the initial site visit, Mr. Harper has engaged with neighboring property owners to restart discussions about the basin restoration needs with CPRW. CITY FINANCIAL IMPACTS Along with facilitating the discussions between area owners and CPRW, the property owner has agreed to pay the City an amount of $500 for the permanent access easement, along with a $1,000 fee to cover Real Estate Services staff time to process the request. The compensation for the easement was determined by contacting a local real estate appraiser and using comparable market data. BOARD / COMMISSION RECOMMENDATION At its February 18, 2016, meeting, the Water Board voted unanimously to recommend approval of the conveyance of the access easement on City Property to Peter and Crystal Harper, consistent with staff's recommendation. ATTACHMENTS 1. Easement Request Location map (PDF) 2. Location Map of Basin Area (PDF) 3. Easement Request Location photo (PDF) 4. Water Board minutes, February 18, 2016 (draft) (PDF) 5. Sustainability Assessment Tool (DOCX) Google Maps Location Map of Access Easement Request on City Property - Approximate Location of Access Easement To Fort Collins Poudre Canyon Rd/ Hwy 14 ATTACHMENT 1 Easement Request Location Location Map of Unnamed 3 & 2b Basins ATTACHMENT 2 Easement Request Location Photograph Constructed driveway ATTACHMENT 3 Excerpt from Unapproved Water Board Minutes – February 18, 2016 Review of Harper Property Easement Request (Attachments available upon request) Watershed Specialist Jill Oropeza summarized the request. Mr. Harper is seeking an easement to keep in place a road that was recently cut to his home site and which passes through an adjacent City-owned property in the Poudre Canyon. The roadway was constructed partially on City property without the City’s permission. Mr. Harper is seeking options for maintaining safe access to his property while also helping the City improve Poudre River water quality by addressing post-fire runoff and erosion that originates on his and neighboring properties. The greatest net benefit to the City is to keep the exiting road cut and landowners to work with Coalition for the Poudre River Watershed (CPRW) www.poudrewatershed.org to complete additional post-fire restoration projects within the basin. Discussion Highlights Board members inquired about various aspects of the easement request, including whether other homeowners have made similar requests, and the expense involved if the easement request is approved; staff replied that Mr. Harper is clear on his responsibilities if City Council approves the easement request, including a formal agreement with CPRW to complete the work. If the work is not done, the City would be able to revoke the agreement, per the City Attorney. Board Member Duncan Eccleston moved that the Water Board recommend City Council consider approval of the conveyance of an access easement on City Property to Peter and Crystal Harper, consistent with Staff’s recommendation. Board Member Michael Brown seconded the motion. Vote on the motion: It passed unanimously, 11-0. ATTACHMENT 4 *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less City staff recommends that Council adopt the proposed ordinance to grant an easement on City Property to adjacent landowners, Peter and Crystal Harper. The Harpers are constructing a residential home adjacent to a City-owned parcel along Hwy 14 that was purchased in 1977 to protect the City’s Poudre water supply. During driveway construction, they unintentionally encroached on the City’s property. They ceased activity, contacted the City’s Real Estate Department and requested an easement. The Harper Property is located within a basin severely burned in the 2012 wildfire and which continues to cause water quality impairment of the City’s water supply due to flash flooding and erosion. Based on City staff’s evaluation, keeping the road in its current location minimizes future soil disturbance, does not diminish the protective function of the City-owned parcel, and presents the best option for protecting water supplies. Furthermore, the landowners have agreed to work with the Coalition for the Poudre River Watershed (CPRW) to conduct restoration targeted at mitigating other erosion issues in the basin. 2 Staff lead(s): Please note staff name, position/division and phone number Lindsay Kuntz Real Estate Specialist III 970-221-6275 Jill Oropeza Watershed Specialist 970-416-2529 Mark Kempton Water Production Manager 970-221-6692 3 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis.  Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description The City’s Drinking Water Quality Policy (1993) states that “The City will protect raw water sources from contamination or any other activities that would diminish the quality of water provided to customers or that would result in increased treatment costs” 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion  The proposed easement offers a cost-effective means to assist in ensuring adequate, safe drinking water supplies for the City of Fort Collins.  N/A  N/A 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? N/A 4 • How does this proposal support the participation, growth and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others?  The proposed easement minimizes a potential sediment erosion hazard, thereby, helping the City continue to deliver safe, reliable drinking water to the community. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? N/A 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? N/A 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members?  City staff presented the background and proposed easement to Water Board on February 18, 2016, at which time the recommendation to grant the easement request was approved.  The Harpers are working with the other adjacent landowners in the basin (Unnamed 3) and the Coalition for the Poudre River Watershed (CPRW) to collaborate on other stream channel and roadway improvements that will further minimize sediment erosion hazards in this drainage.  The City of Fort Collins is a supporting member of CPRW, which brings 5 together a diverse set of stakeholders in the Poudre Watershed, including the City, CSU, local governments, volunteer organizations and non-profits to prioritize and implement on-the-ground restoration and stewardship work aimed at creating a resilient Poudre Watershed. Social Equity Summary Key issues: Granting the proposed easement will help the City continue to provide safe and adequate drinking water supply in a cost-effective manner. It also supports further watershed restoration work occurring in collaboration with CPRW’s partners and stakeholders. Potential mitigation strategies: N/A Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected +1 Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. 6 Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? The City’s Drinking Water Quality Policy (1993) states that “The City will protect raw water sources from contamination or any other activities that would diminish the quality of water provided to customers or that would result in increased treatment costs” 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? Analysis/Discussion  Protects WQ/ Water Supply by minimizing potential sediment erosion from road construction activities (avoids significantly bigger impacts of relocating roadway)  The landowners’ participation in basin-wide restoration, assisted by CPRW, provides additional benefits to overall watershed health, including stream channel stabilization, improved riparian function, sediment storage, safe flood conveyance and downstream water quality improvements.  The basin restoration work will allow further refinement of BMPs for erosion control and stream channel maintenance. It will also improve aesthetics of the stream corridor and the Poudre River downstream. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities?  By minimizing the need for significant roadway realignment, the need for heavy machinery is also significantly reduced, thereby offering short-term emissions reduction over the alternative of reconstructing the roadway. 7 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes?  As proposed, the easement will minimize future construction activity/disturbances  The landowners’ engagement with CPRW offers opportunity for further improvement in watershed function, including improved riparian habitat and function, reduced sediment loads and better water quality.  These benefits occur by minimizing sediment loads to the Poudre River. 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution?  The proposed easement prevents sediment contamination of the City’s Poudre water supply and the need for additional treatment. 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated?  The types of restoration proposed by CPRW offer the opportunity to use local timber materials from forest thinning projects, including root balls and tree boles for constructing in-channel grade-control structures, as well as native seed mixes for revegetation. 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place?  Local forest materials are used for in-channel structures  No Environmental Health Summary 8 Key issues: Minimizes soil erosion to the River, protects health and quality of the River and water supply Potential mitigation strategies: Leaving road in existing footprint, capture and store sediment on hillslopes and keep out of river, improve riparian habitat and fxn Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected +2 Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with Analysis/Discussion Any restoration work completed by CPRW will be funded through grants and completed by local contractors 9 another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? Volunteer opportunities to assist in watershed restoration work through CPRW 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? N/A 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? N/A 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Key issues: grant opportunities, volunteer training, local contractors 10 Potential mitigation strategies: N/A Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected 0 -1- ORDINANCE NO. 038, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT ON CITY PROPERTY TO PETER AND CRYSTAL HARPER WHEREAS, the City is the owner of a parcel of land located in Larimer County, Colorado as described on Exhibit “A”, attached and incorporated herein by reference (the “City Property”); and WHEREAS, the City Property is on Highway 14 near the Poudre River, upstream from the City’s Water Treatment Plant #1 property, and was purchased in order to help the City’s water utility manage and protect the quality of the City’s water supply; and WHEREAS, Peter and Crystal Harper (the “Harpers”), who own a parcel of land adjacent to the City Property, recently discovered that the driveway to their property encroaches on the City Property; and WHEREAS, the Harpers have requested an easement from the City that would allow their driveway to remain in the present location, rather than excavate a new driveway; and WHEREAS, City staff has investigated the situation and possible alternatives, and concluded that the present location of the driveway does not increase the erosion risk on the City Property, but excavating a new driveway in an alternate location would create new, significant erosion hazards; and WHEREAS, the proposed access easement is described on Exhibit “B”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the Harpers would pay $500 as compensation for the Easement, as well as a $1,000 fee to cover Real Estate Services time spent processing the easement request; and WHEREAS, in addition, the Harpers have been cooperating with the Coalition for the Poudre River Watershed (CPRW) in allowing post-fire restoration work to be performed on the Harpers’ property, and have also been facilitating discussions between CPRW and other property owners in the same basin area; and WHEREAS, CPRW’s restoration work in this basin will further protect the City’s water supply from erosion, and City staff appreciates the Harpers’ assistance in this regard; and WHEREAS, at its regular meeting on February 18, 2016, the Water Board voted to recommend approval of the Easement to the Harpers; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the -2- City and, with respect to property that is part of the City’s water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easement to the Harpers as provided herein is in the best interests of the City, will not materially impair the viability of the City’s water system as a whole, and will be for the benefit of the citizens of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the Harpers on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit “A” City Property Parcel Number: 08052-00-906 Legal Description (Per County Assessor): E 1/2 OF NW 1/4, NW 1/4 OF NE 1/4; LESS 936-39; ALSO POR SW 1/4 OF NE 1/4 DESC IN 1744-770 PLS Group a"d.b.a"of"PLS"Corporation" Surveying • Consulting 6843 North Franklin Avenue • Loveland • Colorado 80538 970.669.2100 CO • 970.669.3652 Fax Description: A portion of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado being described as the West 120.00 feet of the South 70.00 feet of the East 187.00 feet of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado, being more particularly described as follows: COMMENCE at the Southeast corner of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado; thence S 88°57’31” W for a distance of 67.00 feet along the South line of said East 1/2 to the POINT OF BEGINNING; thence continue S 88°57’31” W for a distance of 120.00 feet along said South line; thence N 00°48’13” W for a distance of 70.00 feet parallel with the East line of the aforesaid East 1/2 of the Northwest 1/4 of Section 5; thence N 88°57’31” E for a distance of 120.00 feet parallel with aforesaid South line of the East 1/2; thence S 00°48’13” E for a distance of 70.00 feet parallel with aforesaid East line of the East 1/2 to the Point of Beginning; Containing 8,400 square feet, more or less, and being subject to any easements or rights of way of record. This  description  was  created  on  March  1,  2016  by  M.  Bryan  Short,  Licensed  Colorado  PLS  No.  32444. Exhibit B