HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2015 - FIRST READING OF ORDINANCE NO. 149, 2015, AUTHORIZAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY November 17, 2015
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
John Stokes, Natural Resources Director
SUBJECT
First Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural
Area to the Board of Governors of the Colorado State University System.
EXECUTIVE SUMMARY
The purpose of this item is to authorize conveyance of a permanent easement to Colorado State University on
Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural
Area. The Natural Areas Department proposes that the City enter into a permanent easement agreement with
the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The
easement will replace a 99-year lease that provided CSU with access to maintain the Aggie “A” on the Natural
Area. The easement will also enable CSU and its students to carry out two other group activities that currently
require annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural
Area and no additional impacts are anticipated. No other access rights are to be conveyed.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In the late 1970s, the City Parks and Recreation Department acquired more than 160 acres from the Maxwell
family (the property is part of Maxwell Natural Area and is owned/managed by the Natural Areas Department -
see Attachments 1 and 2). At the time the land was purchased, the property was already subject to an
existing 99-year lease (set to expire on December 19, 2022) between R.G. Maxwell and the State Board of
Agriculture. The lease gives the State Board of Agriculture and its successors the right of ingress and egress
to the Maxwell property for the purpose of constructing and repairing the Aggie “A”. The “A” was constructed in
1923 and has been registered since 1995 on the Colorado State Register of Historic Properties as an example
of hillside monograms which are distinctive landmarks in western states. (Note: The “A” is not a set structure
(e.g., concrete) but instead consists of rocks and vegetation painted white in the shape of the letter. It is
approximately 450 feet long and 210 feet across.)
Over the years, CSU’s use of Maxwell Natural Area has expanded from maintenance of the “A” to include two
additional student activities: the annual freshman hike to the “A” and the lighting of the “A” at homecoming.
These activities, including the painting of the “A”, have necessitated multiple permits on a yearly basis since
Natural Areas has made special allowances for off-trail use for large groups (the painting of the “A” involves
upwards of 70 people). At the request of the City Manager’s office, Natural Areas staff began exploring
alternatives to the lease and permit arrangement to simplify the process for CSU and for Natural Areas.
Natural Areas staff met with CSU representatives earlier this year and discussed several options, including an
updated lease, a potential land trade, and a permanent easement. The parties agreed that a permanent
easement would provide the best solution - the easement enables NAD to retain management responsibilities
Agenda Item 10
Item # 10 Page 2
and to conduct its own activities within the “A” area while eliminating the need for the annual permits and
updating the requirements for CSU’s activities. (A lease implies exclusive use of the property and could
potentially restrict Natural Area's ability to manage and maintain the land.)
The original lease contained very few details or parameters for CSU’s access to the “A”, simply stating the
State Board of Agriculture had “the right of ingress and egress to the said land for the purpose of constructing
and repairing the College letter “A”’”. The easement establishes the boundaries of CSU’s access and provides
ingress and egress to the “A” from County Road 23 via existing trails. (CSU is providing a survey of the
easement area. See Attachment 3 - Aerial Map of Proposed CSU Easement Area for a general depiction) In
addition, the easement outlines notification requirements and provides direction on the type of equipment and
paint used to light and paint the “A. The easement also spells out obligations for cleanup and repairs should
CSU’s activities generate debris or cause damage. All costs associated with construction, restoration or
maintenance of the “A” are to be borne by CSU.
Natural Areas is requiring low VOC latex paint and natural pigments to minimize the biological impacts of
continued use of the area by CSU. (The Environmental Protection Agency (EPA) defines low VOC latex paint
as that containing <251 g/L VOC.) The easement also includes a vegetation management plan by which CSU
may conduct minor vegetation maintenance in the area immediately adjacent to the “A” (e.g., pruning shrubs
such as Mountain Mahogany to a height of no less than 3 feet tall).
While staff appreciates the recommendation of the Land Conservation and Stewardship Board (LCSB) to enter
into a lease instead of a permanent easement, staff continues to recommend a permanent easement. Staff
believes that periodically renegotiating a lease defeats a key motivation for pursuing the easement, which is
relieving both the City and CSU from having to repeatedly revisit what both parties agree should be a long-
standing arrangement and agreement. Moreover, if the “A” should ever be abandoned by CSU, the City has
the right to terminate the easement with prior notice to CSU.
CITY FINANCIAL IMPACTS
NAD is requesting a nominal consideration for the easement in the amount of $100. There will be no additional
financial impact to NAD due to the fact that this is replacing an existing lease and that no new improvements
will be located on the property. Staff believes that this below market conveyance serves a bona fide public
purpose as required by Section 23-114 of the City Code because:
1. The use to which the Easement will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins, as the “A” has long been a major focal point for student
activities at CSU that help build the culture of the student body. Students comprise a significant portion of
our community and participation in “A”- related activities promotes community engagement and welfare.
2. The Easement and continued use and preservation of the “A” support the preservation of an historic
landmark and City Plan Principle LIV16: “The quality of life in Fort Collins will be enhanced by the
preservation of historic resources and inclusion of heritage in the daily life and development of the
community.”
3. The financial support provided by the City through the below-market disposition of the Easement will be
leveraged with other funding or assistance, including maintenance work by the CSU Alumni Association.
4. Conveyance of the Easement will not result in any direct financial benefit to any private person or entity,
except to the extent such benefit is only an incidental consequence and is not substantial relative to the
public purpose being served.
5. Conveyance of the Easement for less than fair market rent will not interfere with current City projects or
work programs, hinder workload schedules or divert resources needed for primary City functions or
responsibilities.
Agenda Item 10
Item # 10 Page 3
BOARD / COMMISSION RECOMMENDATION
The item was presented to the Land Conservation Stewardship Board (LCSB) on October 14, 2015. Five of nine
board members were present and voted unanimously to recommend that City Council consider a lease
arrangement instead of a permanent easement. The LCSB’s formal recommendation as outlined in a memo to
City Council dated November 3, 2015, is as follows:
1. The LCSB recommends to City Staff and to City Council that a permanent easement not be granted to CSU
or the State Board of Agriculture for access through the Maxwell Natural Area to the CSU "A."
2. That a new lease replace the remaining term of the 99-year lease that was established between the State
Board of Agriculture and the Maxwell family, which has an expiration date of 19 Dec 2022.
3. The new lease should be structured as an umbrella permit for uses that have required multiple special-use
permit applications from CSU and approval by City entities, thus removing the need for annual application and
approval, and should be specific about: (1) permitted routes and times (events) of access; (2) allowable
activities; (3) other conditions and restrictions that the Natural Areas Department (NAD) deems necessary.
(Attachments 4 and 5)
ATTACHMENTS
1. Location map (PDF)
2. Aerial map-Maxwell Natural Area (PDF)
3. Aerial map-proposed CSU easement area (PDF)
4. Land Conservation & Stewardship Board minutes, October 14, 2015 (PDF)
5. Land Conservation & Stewardship Board memo re: CSU access to Aggie "A" recommendation
(PDF)
Location Map AƩachment 1
Maxwell Natural Area
Lee Lake
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Maxwell Natural Area AƩachment 2
Aerial depicting trails and “A”
±
S. County Road 23
Maxwell Natural Area boundary
Existing Natural Surface Minor Trail (Overlook Trail)
Existing Natural Surface Major Trail (Foothills Trail)
Horsetooth
Reservoir
CSU Hughes
Stadium
Larimer County Open
Lands Parking lot
Maxwell Natural Area boundary
Proposed Aggie “A” Easement Area (not to scale)
Existing Natural Surface Minor Trail (Overlook Trail)
Existing Natural Surface Major Trail (Foothills Trail)
±
S. County Road 23
AƩachment 3
Proposed Aggie “A” Easement Area
Aerial depiction
LandConservationandStewardshipBoard 1
Attachment 4
MINUTES
CITY OF FORT COLLINS
LAND & CONSERVATION STEWARDSHIP BOARD
Regular Meeting
DATE: Wednesday, October 14, 2015
LOCATION: 1745 Hoffman Mill Road/Nix Farm
Natural Areas Department
TIME: 6:00 PM
For Reference: Kent Leier, Chair 631-2361
Marcia Mallory-Patton, Vice Chair 222-0513
Trudy Haines, Communications 225-2760
Mark Sears, Staff Liaison 416-2096
Gerry Horak, Council Liaison 420-7398
Board Members Present: Raymond Watts, Marcia Mallory-Patton, Greg Owens, David
Tweedale and Kelly Ohlson
Excused Members: Edward Reifsnyder, Gail Dethloff, Kent Leier and Trudy Haines
Guest: Gary Buffington, Director, Larimer County Natural Resources
Department (LCNRD)
Kerri Rollins, Open Lands Program Manager, (LCNRD)
Meegan Flenniken, Resource Management Program Manager,
(LCNRD)
NAD Staff: Mark Sears, John Stokes, Jennifer Shanahan & Tawnya Ernst
Agenda: Marcia reported on her attendance at COSA and encouraged other
board members to attend should they have the opportunity in the
future. Ray asked if we could add to the agenda a discussion of a
separate meeting to discuss board responsibilities and roles, as
recommended by Kelly Ohlson during the September meeting. *
Public of Comments: None
Call meeting to order: 6:05 PM
LandConservationandStewardshipBoard 2
Excerpt - Land Conservation and Stewardship Board
October 14, 2015
Re: Maxwell Natural Areas – Easement to CSU – for Painting the “A” -
Tawnya Ernst, NAD Real Estate Specialist, reported that by instruction from the City Manager’s
Office, the Natural Areas Department intends to enter into a permanent easement agreement with the
Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The
easement will replace a 99-year lease that provided CSU with access to maintain the Aggie “A on the
Natural Area.
In the late 1970s, the then Parks Department’s Natural Areas Program (now Natural Areas Department
(NAD) acquired Maxwell Natural Area from the Maxwell family. At the time, the property was already
subject to an existing 99-year lease (set to expire on December 19, 2022) between R.G. Maxwell and the
State Board of Agriculture. The lease gives the State Board of Agriculture and its successors the right of
ingress and egress to the Maxwell property for the purpose of constructing and repairing the Aggie “A”.
The “A” was constructed in 1923 and has been registered since 1995 on the Colorado State Register as an
example of hillside monograms which are distinctive landmarks in western states. The easements will
also enable CSU and its students to carry out two other group activities that currently require annual
permits from natural Areas. CSU’s current access typically has minimal impact to the Natural Area and
no additional impacts are anticipated. No other access rights are to be conveyed.
Over the years the painting of the “A” has expanded to include a CSU Freshman hike to the “A” and
lighting of the “A” during CSU Homecoming. In the past, NAD has issued separate Special Use Permits
for each of the activities. Tawnya expressed that the easiest option would be to enter into a permanent
easement with NAD and CSU that staff is comfortable with. The easement would define a more specific
route for activities that are currently taking place under the Special Use Permit, as well as lay out
expectations for both parties.
Discussion:
Some board members felt the activities were considered desecration of the land and reported on times
they had been to the “A” and seen paint cans and remnants of CSU’s activities. They were curious as to
why painting the “A” was something that had to continue, and how that represented CSU. John said that
although the board members might not approve of the activities, NAD still has to allow them access until
the 99 year lease runs out in 2020. Tawnya explained how the easement would eliminate the Special Use
Permit application process every year, lessening the work for both CSU and NAD. It would also better
define and attempt to control the each of the three activities as well. The board agreed that a 5-10 year
lease agreement would be more feasible than an easement and the remaining term of the 99-year lease.
Raymond volunteered to draft a memorandum to City Council outlining the specifics of the
recommendation for the short term lease.
Raymond made the motion that the LCSB recommend to City Staff and City Council that a
short term lease with conservation conditions be established to replace the current 99 year lease
with stipulations that streamline permitting for maintenance of the “A”. David Tweedale
seconded the motion. Motion was unanimously approved.
Natural Areas Department
1745 Hoffman Mill Road
PO Box 580
Fort Collins, CO 80522
970.416.2815
970.416.2211 - fax
fcgov.com/naturalareas
MEMORANDUM
TO: Fort Collins City Council
FROM: Land Conservation and Stewardship Board
DATE: November 3, 2015
RE: Colorado State University Access to the Aggie “A” on Maxwell Natural Area
LCSB RECOMMENDATION
1. The Land Conservation and Stewardship Board (LCSB) recommends to City Staff and to City
Council that a permanent easement not be granted to CSU or the State Board of Agriculture for
access through the Maxwell Natural Area to the CSU "A."
2. Instead, the LCSB recommends that a new lease replace the remaining term of the 99-year lease
that was established between the State Board of Agriculture and the Maxwell family, which has
an expiration date of 19 Dec 2022.
3. The new lease should be structured as an umbrella permit for uses that have required multiple
special-use permit applications from CSU and approval by City entities, thus removing the need
for annual application and approval, and should be specific about: (1) permitted routes and times
(events) of access; (2) allowable activities; (3) other conditions and restrictions that the Natural
Areas Department (NAD) deems necessary.
BACKGROUND
The prominent “A” on the first hogback near Hughes stadium has been in place for more than 90 years. It
is a painted feature, with paint applied to rock, soil and vegetation; the paint is reapplied annually as a
CSU tradition. The “A” is also visited annually during an organized freshman hike, and illuminated at night
for homecoming. These multiple organized CSU events require special permits under City and NAD
regulations, and the annual cycle of permit application, review, and approval is burdensome to CSU staff
and to City staff. Both parties would prefer a longer term agreement that does not require annual renewal.
CSU has broad rights of access to the “A” that were granted by the Maxwell family in 1923 to the State
Board of Agriculture—in effect, to CSU—under a 99-year lease that remained in force when the property
conveyed to the City and became the Maxwell Natural Area. The NAD recommends, and the LCSB
concurs, that the broad terms of the existing lease be replaced by carefully considered and more
restrictive access conditions. For example, the original lease does not limit the mode or route of access to
the “A” for its annual repainting. The NAD has considered access routes and areas appropriate to
repainting operations, and has prepared a map of these zones; the LCSB approves of these access zone
designations.
At issue is the term of the lease. The LCSB believes that the “A,” although it is a historic landmark and a
traditional CSU emblem, is an anachronism. If CSU were to apply for a permit to create the “A” today, the
ATTACHMENT 5
2
LCSB would strongly oppose the application. While the LCSB does not at this time recommend denial of
access for maintenance or outright removal of the “A,” it believes that the Natural Area Department
should periodically receive opportunities to review all aspects of the “A.” Finite term leases will provide
these opportunities. An initial lease of seven years would complete the period of the original Maxwell
lease. The LCSB recommends that if subsequent leases are granted, they have durations of five years or
less.
ORDINANCE NO. 149, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN EASEMENT ON
MAXWELL NATURAL AREA TO THE BOARD OF GOVERNORS
OF THE COLORADO STATE UNIVERSITY SYSTEM
WHEREAS, the City owns a parcel of real property located in Larimer County, Colorado
that is part of Maxwell Natural Area and is more particularly described as the SW 1/4 of the NW
1/4 of Section 20, Township 7 North, Range 69 West of the 6
th
P.M. less Book 849 Page 242,
and less Book 1182, Page 409 of the Larimer County Records (the “Property”); and
WHEREAS, when the City purchased the Property in 1979 it was subject to an existing
99 year lease between the owner, R.G. Maxwell, and the State Board of Agriculture (the “1923
Lease”); and
WHEREAS, the 1923 Lease was intended to allow Colorado State University (“CSU”) to
access, construct and repair the Aggie “A” painted on the hillside near Hughes Stadium, and is
set to expire in 2022; and
WHEREAS, the “A” is listed on the Colorado State Register of Historic Properties, and is
therefore considered a landmark subject to Chapter 14 of the City Code; and
WHEREAS, Section 14-53 of the City Code requires the owner of a site or object
designated as a landmark to maintain the site or object to prevent it falling into a state of
disrepair that would have a detrimental effect on its historic character; and
WHEREAS, over the years CSU’s activities surrounding the “A” have increased,
resulting in the Natural Areas Department (“NAD”) issuing multiple administrative permits
every year for such activities; and
WHEREAS, to simplify this process, CSU and NAD agree that a permanent easement,
which would replace the 1923 Lease, is the most appropriate solution; and
WHEREAS, CSU has asked the City to grant it a non-exclusive, permanent easement
over the area described on Exhibit “A”, attached and incorporated herein by reference (the
“Easement”); and
WHEREAS, the Easement would spell out in more detail than the 1923 Lease what
activities CSU can conduct on the Property, what materials CSU can use on the Property, and
cleanup, restoration and maintenance obligations; and
WHEREAS, Section 23-111(a) 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 City; and
WHEREAS, City staff has concluded that granting the easement to CSU is the best way
for the City to manage CSU’s access to the “A” on the Property; and
WHEREAS, NAD is proposing to charge only nominal consideration for the Easement in
the amount of $100; and
WHEREAS, under Section 23-114 of the City Code, any sale of City property interests
must be for an amount equal to or greater than the fair market value of such interest unless the
City Council determines that such sale serves a bona fide public purpose, based on the five
factors listed in Section 23-114; and
WHEREAS, staff believes that the conveyance of the Easement to CSU for less than fair
market value serves a bona fide public purpose because:
(1) The use to which the Easement will be put promotes health, safety or general
welfare and benefits a significant segment of the citizens of Fort Collins, as the
“A” has long been a major focal point for student activities at CSU that help build
the culture of the student body. Students comprise a significant portion of our
community and participation in “A”- related activities promotes community
engagement and welfare;
(2) The Easement and continued use and preservation of the “A” supports the
preservation of an historic landmark and City Plan Principle LIV16: “The quality
of life in Fort Collins will be enhanced by the preservation of historic resources
and inclusion of heritage in the daily life and development of the community;”
(3) The financial support provided by the City through the below-market disposition
of the Easement will be leveraged with other funding or assistance, including
maintenance work by the CSU Alumni Association;
(4) Conveyance of the Easement will not result in any direct financial benefit to any
private person or entity, except to the extent such benefit is only an incidental
consequence and is not substantial relative to the public purpose being served; and
(5) Conveyance of the Easement for less than fair market rent will 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 finds that the City’s conveyance of the
Easement to the Board of Governors of the Colorado State University System as provided herein
is in the best interests of the City.
Section 2. That the City Council further finds that such conveyance for less than fair
market value serves a bona fide public purpose for the reasons stated in the recitals above.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to terminate the 1923 Lease and convey the Easement to the Board of Governors of the
Colorado State University System 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 descriptions 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 17th day of
November, A.D. 2015, and to be presented for final passage on the 1st day of December, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 1st day of December, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DESCRIPTION: Access Easement
An access easement located in Section 20, Township 7 North, Range 69 West of the 6th Principal
Meridian:
Considering the West line of the Northwest Quarter of said Section 20, as bearing South 00º14'03" West
and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of said Section 20; thence along the West line of the Northwest
Quarter of said Section 20, South 00º14’03” West, 508.00 feet to the POINT OF BEGINNING, said
point also being the centerline of a 6.00 foot wide access easement; thence along said centerline, South
52º37’36” East, 64.65 feet; thence, South 58º21’50” East, 48.46 feet; thence, South 41º18’05” East, 31.93
feet; thence, South 12º36’23” East, 28.32 feet; thence, South 24º35’26” East, 59.86 feet; thence, South
35º08’02” East, 48.93 feet; thence, South 44º53’35” East, 47.69 feet; thence, South 30º31’58” East, 39.55
feet; thence, South 47º11’43” East, 61.86 feet; thence, South 65º00’01” East, 45.30 feet; thence, South
48º10’58” East, 22.40 feet; thence, South 67º54’13” East, 52.09 feet; thence, South 75º40’04” East, 23.89
feet; thence, South 25º07’22” East, 26.45 feet; thence, South 08º54’03” West, 23.61 feet; thence, South
48º17’22” West, 41.27 feet; thence, South 29º36’44” West, 16.93 feet; thence, South 68º06’37” West,
35.28 feet; thence, South 39º10’09” West, 57.49 feet; thence, South 52º35’43” West, 25.22 feet; thence,
South 21º37’45” West, 27.43 feet; thence, South 39º39’14” West, 24.83 feet; thence, South 29º31’36”
West, 207.88 feet; thence, South 18º13’58” West, 24.12 feet; thence, South 44º58’07” West, 31.08 feet;
thence, South 21º18’25” West, 22.25 feet; thence, South 39º16’27” West, 23.68 feet; thence, South 18º
01’03” West, 38.43 feet; thence, South 46º14’55” East, 36.19 feet; thence South 57º24’00” East, 39.62
feet; thence, South 28º54’52” East, 26.59 feet; thence, South 59º24’46” East, 70.96 feet; thence, South
20º31’52” East, 29.65 feet; thence, South 59º25’14” East, 21.89 feet; thence, South 86º29’06” East, 14.97
feet; thence, South 64º09’48” East, 29.79 feet; thence, South 45º41’24” East, 62.58 feet; thence, South
36º19’02” East, 47.28 feet; thence, South 24º33’20” East, 62.82 feet; thence, South 03º42’53” East, 32.57
feet; thence, South 15º55’37” East, 31.26 feet; thence, South 00º19’18” East, 14.07 feet: thence, South
43º33’18” East, 11.89 feet; thence, South 23º15’19” East, 37.38 feet; thence, South 00º56’05” East, 16.49
feet; thence, South 36º11’07” East, 13.68 feet; thence South 13º46’53” East, 47.22 feet to the POINT
OF TERMINUS of said centerline of 6.00 foot wide easement, said point also being POINT “A”.
ALSO BEGINNING at aforementioned POINT “A”; thence, North 61º12’07” East, 410.55 feet; thence,
South 22º29’32” East, 131.95 feet; thence, South 13º20’03” East, 240.97 feet; thence, North 89º14’07”
West, 480.55 feet; thence, North 12º32’37” West, 131.56 feet; thence, 61º12’07” East 49.36 feet to the
POINT OF BEGNINNING “A”.
The above described parcel contains 127,944 square feet or 2.937 acres, more or less and is subject to all
easements and rights-of-way now on record or existing.
MAK
October 21, 2015
S:\Survey Jobs\232-036\Dwg\Exhibits\232-036 Easement Description.docx
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W Elizabeth St
G
12th St
N Lemay Ave
S Lemay Ave
N Howes St
S Shields St
S Overland Trl
E Mountain
Ave
R
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Country
Club Rd
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N Shields St
E Prospect Rd
W Mountain
Ave
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W
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n
Remington St
Landings Dr
WMulberry St
N Mason St
S
M
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WProspect Rd
Laporte Ave
N College Ave
S Taft Hill Rd
W
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E Drake
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W Drake Rd
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S Lemay Ave
G
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Lincoln
Ave
E Horsetooth R
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N County
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W Harmony Rd
S
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S
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Pkwy
W County
Road 52
N
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