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HomeMy WebLinkAbout159 - 12/07/2021 - AUTHORIZING CONVEYANCE OF NOTICES OF ENVIRONMENTAL USE RESTRICTIONS TO THE COLORADO DEPARTMENT OF PU 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 -1� 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 -2- 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 y of December, A.D. 2021. or ATTEST: - o��oRr.co� L `:• � .tip, Interim City Clerk " SEAL Passed and adopted on final reading on thi '• ecember, A . 2021. oik , M r ATTEST: Interim City Clerk of�Qar cod " SEAL LOR J �';p EXHIBIT A 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 1 EXHIBIT A WHEREAS, the purpose of this Restrictive Notice is to put in place such institutional controls; and WHEREAS, Larier 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 this 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 below, 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 the preceding sentence shall prohibit the installation or use of monitoring or remedial wells or engineered features as part of 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 construction 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. #} Actions that may cause contaminated groundwater to be exposed to the surface are prohibited. ) No new structures intended for human occupancy (including residences, -offices, or other workplaces, etc.) may be built on the Property without Department approval. The Department may require that new structures intended for human occupancy include a properly designed and constructed vapor intrusion mitigation system or other engineering control designed to prevent airborne concentrations of contaminants of concern within the structure from exceeding concentrations specified in an operations and maintenance plan approved by 2 EXHIBIT A 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. Information to support a request for modification or termination may include one or more of the following: a) a proposal to perform additional remedial work; b) new information regarding the risks posed by the residual contamination; c) information demonstrating that residual contamination has diminished; d) information demonstrating that an engineered feature or structure is no longer necessary; e) information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and fl other appropriate supporting information. As between Fort Collins and Larimer County and because Larimer County is undertaking remedial action with respect to the Facility pursuant to the Compliance Order on Consent and has the data, information, and analyses related to the contamination and remedial activities, Larimer County shall make available to the City and to the Department, without cost, all data, information and analyses in its possession or control that is requested by the Department in connection with a proposed modification or termination by Fort Collins, or demonstrating that the proposed modification or termination would not adversely impact the remedy and is protective of human health and the environment. 3) Conveyances. OWNER shall notify the Department at least fifteen (15) days prior to any conveyance of any interest in any or all of the Property. Within thirty(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. 3 EXHIBIT A 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) Ins ections. 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.Q. Box 1190 Fort Collins, CO 80522 With a copy to: Larimer County Attorney's Office 224 Canyon Avenue, Suite 200 Fort Collins, CO 80521 4 EXHIBIT A 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. 5 EXHIBIT A 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 6 EXHIBIT A 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 7 EXHIBIT A 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 S EXHIBIT A ATTACHMENT "A" to the NOTICE OF ENVIRONMENTAL USE RESTRICTIONS The "Property" subject to this Notice of Environmental Use Restrictions is described on the pages attached hereto, consisting of six (6) pages and including a Map depicting Restricted Area #1 and Restricted Area #2 (1 page), a legal description and drawing of Restricted Area 1 (2 pages) and a legal description and drawing of Restricted Area 2 (3 pages). 5 hr g j Ail LV w r � M Or c e U T r N V L U L •L 1 O c4 4 N LL pa,nw O LO J to ^C, Cog U¢ CD N Ua J > •� W J O 0) RN abrµdz uaFPIH V 55� O Z1[� u ssigno•n ^ m a a. , Ka EXHIBIT A Restricted Area"1" A parcel of land for easement purposes situate in the Southeast Quarter of Section 4,Township 6 North,Range 69 West of the Sixth Principal Meridian being more particularly described as follows: Considering the South Line of said Southeast Quarter as bearing South 89°22'39"West a distance of 2,643.89 feet and with all bearings contained herein relative thereto; Beginning at the South Quarter Corner of said Section 4; Thence North 0°21'02"West on the West Line of said Southeast Quarter a distance of 600.00 feet; Thence departing said West Line,North 89°22'39"East on a line parallel with said South Line a distance of 2,589.30 feet to the West Right-of-Way Line of Taft Hill Road; Thence South 0°10'01"West on said West Right-of-Way Line a distance of 300.05 feet to the North Line of that Tract of land described in the Special Warranty Deed recorded June 6, 1994 at Reception Number 94048394 of the Larimer County Records; Thence South 89°22'39"West on said North Line a distance of 665.99 feet to the West Line of said Tract; Thence South 0110'01"West on said West Line a distance of 300.00 feet to aforesaid South Line of said Southeast Quarter; Thence South 89°22'39"West on said South Line a distance of 1,917.89 feet to the POINT OF BEGINNING. The above described parcel contains 31.041 acres,more or less. Pp0 BE i Q,o Alex Rondall Perkins a 34176 Professional gland Surveyor �•�©,�� Colorado Registration no.34176 Ss/0••..». 5� 01A C LAND R:1Proj155211Survey\Easements\Landfill Easement No l.doc SHEET 1 of 2 a m x w O M 59'JN'N 9 dw'h O35 1/1 35 3NL!O'aNn im j 'O OVOS 1IIH 1JVJ, A110,01.06 Q % 36 d £ L a lol I // `7i' t IOM n Izl o o Z�NII I�IUi I� /5/C; „ N �X 8 lv W C �Lj III I O r 9 m_z 1cr1 I I �� S o I1JI I I m .UJ'COL _ X N !! ! WM G J /I 2 A \x / y� 7-o \\ / M, r a W � 0°r m— 11 1 � 1� — a t y 3 I I ! I n ail.. r" V U� ---IJ1 f107 OOIlW3d rf� ! I I 4Lz N N z 1 l$ ' v Ld � /al ge M 69 08'N 9 dQ I,335 f/1 39 3NL!0 3N11 imm M,ZO.IZAN ■7!! EXHIBIT A Restricted Area"2" A parcel of land for easement purposes situate in the South One Half of Section 3,Township 6 North,Range 69 West of the Sixth Principal Meridian being more particularly described as follows: Considering the South Line of the Southwest Quarter of said Section 3 as bearing South 89°40'00"West a distance of 2,646.46 feet from a 2 %:"aluminum cap on a no. 6 rebar stamped PLS 11989 1996 to a 2 '/z" aluminum cap in a monument box stamped PLS 17497 2006 and with all bearings contained herein relative thereto; Commencing at the Southwest Corner of said Southwest Quarter; Thence North 89°40'00"East on said South Line a distance of 90.00 feet to the POINT OF BEGINNING on the East Right-of-Way Line of Taft Hill Road; Thence departing said South Line,North 0°10'01"East on said East Right-of-Way Line a distance of 946.09 feet; Thence departing said East Right-of-Way Line,South 84159'25"East a distance of 987.70 feet; Thence South 81°53'39"East a distance of 1,586.41 feet to a point on the common line of the Southwest and Southeast Quarters of said Section 3; Thence North 82°36'55"East a distance of 2,100.65 feet; Thence South 48'19'30"East a distance of 686.51 feet to the West Right-of-Way Line of Shields Street; Thence South 0000'48"West on said West Right-of-Way Line a distance of 362.03 feet to the Beginning of a Curve concave to the Northwest;said Curve having a Radius of 25.00 feet,a Central Angle of 89�55'29"and a Long Chord that bears South 44°58'33"West a distance of 35.33 feet; Thence 39.24 feet on the are of said Curve as it transitions from said West Right-of-Way Line to the Northerly Right-of-Way Line of Fossil Creek Drive to a Point of Tangency; Thence South 89'56'17"West on said Northerly Right-of-Way Line a distance of 248.88 feet to the Beginning of a Curve concave to the Southeast;said Curve having a Radius of 285.00 feet,a Central Angle of 29'14'23" and a Long Chord that bears South 75'19'05"West a distance of 143.87 feet; Thence 145.44 feet on the are of said Curve and said Northerly Right-of-Way Line to a Point of Tangency; Thence South 60°41'54"West on said Northerly Right-of-Way Line a distance of 17.78 feet to the South Line of the Southeast Quarter of said Section 3; Thence South 89'56'17"West on said South Line a distance of 2,168.22 feet to the South Quarter Corner of said Section 3; SHEET 1 of 3 EXHIBIT A Thence South 89'40'00"West on aforesaid South Line of the Southwest Quarter of said Section 3 a distance of 2,556.46 feet to the POINT OF BEGINNING. The above described parcel contains 90.453 acres,more or less. Ppo REG',, .ona•••A Alex Rondall Perkins . LA. Professional Land Surveyor Colorado Registration no. 34176 R:\Proj\5521\Survey\Easements\DESC_RESTRICTED_AREA__2.doc SHEET 2 of 3 < E CO § ; § |A its ,ml _m�n_ e \ 2 § ■ _ 0 | § ¥ /} \ § \ '+ }o ka ~ � ` ■ | | � ` z N 2] { § ! §] < ! | | ID | Q \A �-l k % _ B|� ] / m£. )) § # \ @ § % a { ■ � | \ t�i • ® \ I\ am� � ■ � |m -� v Rd I-OV Ka |■| � || % � §2 § # ft ■ ___ 3.�.a | ��._ t |. | | g � � ! §§ ■ EXHIBIT B This property is subject to a Notice of Environmental Use Restrictions imposed by the Colorado Department of Public Health and Environment pursuant to section 25-15-321.5, Colorado Revised Statutes NOTICE OF ENVIRONMENTAL USE RESTRICTIONS WHEREAS, the City of Fort Collins, a Colorado home-rule municipality ("Fort Collins") and Larimer County, Colorado ("Larimer County")jointly own the parcels of real property located in Larimer County, State of Colorado, more particularly described in Attachment A, attached hereto and incorporated herein by reference as though fully set forth(hereinafter referred to collectively as "the Property"); and WHEREAS, Fort Collins and Larimer County are hereinafter referred to as individually and collectively as the "OWNER"of the Property; and WHEREAS,the Property is used,operated and maintained by the Fort Collins'Natural Areas Department("Natural Areas")as a part of the Cathy Fromme Prairie Natural Area(the"CFP Natural Area"), pursuant to an Intergovernmental Agreement with Larimer County; and WHEREAS, the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and the Environment ("the Department"), which is located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, is authorized to approve Notices of Environmental Use Restrictions (a/k/a "Restrictive Notices") pursuant to § 25-15-320(4)(a) of the Colorado Hazardous Waste Act, § 25-15-101, et seq., C.R.S. ("CHWA"); and WHEREAS, for purposes of indexing in the County Clerk and Recorder's office Grantor- Grantee index only, the City of Fort Collins and Larimer County shall be considered the Grantors, and the Colorado Department of Public Health and Environment shall be considered the Grantee. Nothing in the preceding sentence shall be construed to create or transfer any right, title or interest in the Property; and WHEREAS,the Property is adjacent to the Larimer County Landfill,a municipal solid waste landfill (the "Facility") that is the subject of enforcement and remedial action pursuant to the Solid Waste Disposal Sites and Facilities Act, § 30-20-101, et seq., C.R.S.; and WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act, Larimer County and the Department have entered into Compliance Order on Consent (Number 21-10-07-01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 6 CCR 1002-41 ("Regulation No. 41- The Basic Standards for Ground Water")for vinyl chloride(VC)(2 micrograms per liter)and cis-1,2, DCE(70 micrograms per liter) will apply to groundwater at the Facility's point of compliance if institutional controls necessary to protect human health and the environment are established on the impacted Property, which is adjacent to the Facility; and 1 EXHIBIT B WHEREAS, the purpose of this Restrictive Notice is to put in place such institutional controls; and WHEREAS, Larimer County has requested that the Department approve this Restrictive Notice as provided in Article 15 of Title 25, Colorado Revised Statutes and Fort Collins, as the joint owner of the Property has agreed to this Restrictive Notice; and NOW, THEREFORE, the Department approves this 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 I through 13 below, which shall be binding on the Owners of the Property described in Attachment A and all persons now or subsequently having any right, title or interest in the Property, or any part thereof, and any persons using the Property, as described herein. As used in this Restrictive Notice, the term OWNER means the then current record owner of each parcel included in the Property. 1) Use restrictions. a) No water from the aquifer may be withdrawn or used for any purpose, except as authorized in a remedial decision document approved by the Department or an environmental sampling plan. b) Nothing in the preceding sentence shall prohibit the installation or use of monitoring or remedial wells or engineered features as part of a remedial action,as authorized in a remedial decision document or environmental sampling plan approved by the Department. c) Actions that may damage or impair the proper functioning of any authorized remedial wells or engineered features as part of remedial action are prohibited. d) Construction dewatering is permitted in accordance with a construction dewatering permit. Any person applying for a construction dewatering permit on the Property must notify the Water Quality Control Division of the Colorado Department of Public Health and Environment that the groundwater is contaminated,and a restrictive notice has been imposed. e) Surface water on the Property may not be used for public water system supply or domestic use. "Domestic use" means household or family use, including, but not limited to: drinking, bathing, and irrigating vegetation or crops intended for human consumption. f) Actions that may cause contaminated groundwater to be exposed to the surface are prohibited. g) No new structures intended for human occupancy (including residences, offices, or other workplaces,etc.)may be built on the Property without Department approval. The Department may require that new structures intended for human occupancy include a properly designed and constructed vapor intrusion mitigation system or other engineering control designed to prevent airborne concentrations of contaminants of concern within the structure from exceeding concentrations specified in an operations and maintenance plan approved by the 2 EXHIBIT B 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. Information to support a request for modification or termination may include one or more of the following: a) a proposal to perform additional remedial work; b) new information regarding the risks posed by the residual contamination; c) information demonstrating that residual contamination has diminished; d) information demonstrating that an engineered feature or structure is no longer necessary; e) information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and fl other appropriate supporting information. As between Fort Collins and Larimer County and because Larimer County is undertaking remedial action with respect to the Facility pursuant to the Compliance Order on Consent and has the data, information, and analyses related to the contamination and remedial activities, Larimer County shall make available to the City and to the Department, without cost, all data, information and analyses in its possession or control that is requested by the Department in connection with a proposed modification or termination by Fort Collins, or demonstrating that the proposed modification or termination would not adversely impact the remedy and is protective of human health and the environment. 3) Conveyances. OWNER shall notify the Department at least fifteen (15) days prior to any conveyance of any interest in any or all of the Property. Within thirty(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 t,20190043046, are hereby made subject to this Restrictive Notice. 3 EXHIBIT B 5) Notification for proposed construction and land use. OWNER shall notify the Department simultaneously when submitting any application to a local government for a building permit or change in land use. 6) Inspections. The Department, including its authorized employees, agents, representatives and independent contractors, shall have the right of entry to the Property at reasonable times with prior notice for the purpose of determining compliance with the terms of this Restrictive Notice. 7) Third Party Beneficiary. The OWNER of the Property is a third-party beneficiary with the right to enforce the provisions of this Restrictive Notice as provided in § 25-15-322, C.R.S. 8) No Liability. The Department does not acquire any liability under State law by virtue of approving this Restrictive Notice. 9) Enforcement. The Department may enforce the terms of this Restrictive Notice pursuant to § 25-15-322, C.R.S. against OWNER and may file suit in district court to enjoin actual or threatened violations of this Restrictive Notice. 10) Owner's Compliance Certification. Each OWNER shall execute and return a certification form provided by the Department, on an annual basis, detailing such OWNER's compliance, and any lack of compliance, with the terms of this Restrictive Notice. As between Fort Collins and Larimer County, Fort Collins will execute and return this certification form as it relates to Fort Collins' activities as required by this Restrictive Notice. Larimer County shall remain responsible for executing and returning any certification forms related to its activities (including remediation work if required by the Department) on the Property. Larimer County shall pay any applicable annual inspection fees or other fees associated with this Restrictive Notice and imposed by the Department. 11) Severability. If any part of this Restrictive Notice shall be decreed to be invalid by any court of competent jurisdiction, all of the other provisions hereof shall not be affected thereby and shall remain in full force and effect. 12) Notices. Any document or communication required under this Restrictive Notice shall be sent or directed to: CDPHE: Taylor Pierce Hazardous Materials and Waste Management Division Colorado Department of Public Health and the Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 4 EXHIBIT B Larimer County: County Manager P.O. Box 1190 Fort Collins, CO 80522 With a copy to: Larimer County Attorney's Office 224 Canyon Avenue, Suite 200 Fort Collins, CO 80521 Fort Collins: City Manager's Office City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 300 Laporte Avenue Fort Collins, CO 80521 With a copy to.- City Attorney's Office City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 300 LaPorte A venue Fort Collins, CO 80521 13) Subdivision of Property. At least 90 days prior to any subdivision of the Property, OWNER shall submit a plan addressing payment of any applicable annual inspection fees and the certification of compliance set forth in paragraph(10)of this Restrictive Notice. The plan may provide for contractual assignment of such obligations to, and assumption of such obligations by, a property management entity charged with managing the Property (including but not limited to a homeowner's association of multiple OWNERs). The Department shall approve the plan if it determines that the plan reasonably will ensure continued compliance with the requirements of this Restrictive Notice. Any Department notice of disapproval shall include the Department's rationale for its decision, including any additional information or changes to the plan that the Department requires before the plan can be approved. Any appeal of a 5 EXHIBIT B 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. 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 OFCOLORADO ) 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 6 EXHIBIT B 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 7 EXHIBIT B Accepted by the Colorado Department of Public Health and Environment this _ day of , 2021. By:.. .. Title: STATE OF ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021 by on behalf of the Colorado Department of Public Health and Environment. Notary Public Address My commission expires EXHIBIT B ATTACHMENT "A" to the NOTICE OF ENVIRONMENTAL USE RESTRICTIONS The "Property" subject to this Notice of Environmental Use Restrictions is described on the pages attached hereto, consisting of six (6) pages and including a Map depicting Restricted Area #1 and Restricted Area #2 (1 page), a legal description and drawing of Restricted Area l (2 pages) and a legal description and drawing of Restricted Area 2 (3 pages). mr . r c 71 r u 6 p P- � '=ksl iN'ali�t9 ti�I - W I o 1 Dr 0 r al ^ c m io (A f0 .� -77 VW m V N U a 0 a a ! O U •V c0� oa L 1 L o 0 4w• O � J r cu O N r o E _O m u V c J O O a o U r .� E E r W J AO.� V� AL 2GMtJd$,u*ppr" V •r 4-J H ` O Z fa D D } U ry ® $fpltie���-Ora �� J fir~ "%Ye�!s R9 EXHIBIT B Restricted Area"I" A parcel of land for easement purposes situate in the Northwest Quarter of Section 10,Township 6 North, Range 69 West of the Sixth Principal Meridian being more particularly described as follows: Considering the North Line of the Northwest Quarter of said Section 10 as bearing South 89°40'00"West a distance of 2,646.46 feet from a 2 ''/z"aluminum cap on a no. 6 rebar stamped PLS 11989 1996 to a 2 %Z" aluminum cap in a monument box stamped PLS 17497 2006 and with all bearings contained herein relative thereto; Commencing at the Northwest Comer of said Northwest Quarter; Thence North 89°40'00"East on said North Line a distance of 30.00 feet to the POINT OF BEGINNING on the East Right-of-Way Line of Taft Hill Road; Thence North 89°40'00"East continuing on said North Line a distance of 725.51 feet; Thence departing said North Line, South 42'10'34"West a distance of 472.81 feet; Thence South 89°40'00"West on a line parallel with said North Line a distance of 7.17 feet; Thence South 0°08'43"East a distance of 751.46 feet; Thence South 89"40'00"West on a line parallel with said North Line a distance of 400.00 feet to aforesaid East Right-of-Way Line of Taft Hill Road; Thence North 0°08'43"West on said East Right-of-Way Line a distance of 1,100.00 feet to the POINT OF BEGINNING. The above described parcel contains 11.432 acres,more or less. ��.PO..REG�Sr<c r j%d I o C r Alex Rondall Perkins Professional Land Surveyor s / Colorado Registration no. 34176 Fsr�Zsc, R:\Proj\5521\Survey\Easements\DESC_RESTRICTED_AREA_3.doc ���AL LWA SHEET 1 of 2 m x o N O co W 4O v — „4. �• O p Z his y V � V! gIQIV ESS� a o )p 'ROE G N L � 4 3 a 0 �t a' 00 Z c Fagg mt U e d iSa � o g � N 5 �W � .eY•�sc �.n.so�s \�saJ310) I is $ iN 3sa3\ 5 k W $ 'UE!T11H li/1 .00" l l Y. N rarer w�e anm EXHIBIT B Restricted Area"2" A parcel of land for easement purposes situate in the Northwest Quarter and the North One Half of the Southwest Quarter of Section 10,Township 6 North,Range 69 West of the Sixth Principal Meridian being more particularly described as follows: Considering the East Line of said Southwest Quarter as bearing South W 18'21"West a distance of 2,658.33 feet from a 3 '14"aluminum cap on a no. 6 rebar stamped PLS 12374 1988 at the Center Quarter Corner to a 3" aluminum cap in a monument box with no legible stamping at the South Quarter Comer and with all bearings contained herein relative thereto; Commencing at said Center Quarter Comer of Section 10; Thence South 0°18'21"West on said East Line a distance of 1,069.15 feet to the POINT OF BEGINNING; Thence South 0°l8'21"West continuing on said East Line a distance of 260.02 feet to the South Line of the North One Half of the Southwest Quarter of said Section 10; Thence South 89°36'29"West on said South Line a distance of 1,906.08 feet; Thence departing said South Line,North 46'50'56"West a distance of 963.78 feet to the Easterly Right-of-Way Line of Taft Hill Load; Thence North 1°45'24"Easton said Easterly Right-of-Way Line a distance of 671.40 feet; Thence North W08'43"West continuing on said Easterly Right-of-Way Line a distance of 1,182.50 feet; Thence departing said Easterly Right-of-Way Line,North 90'00'00"East a distance of 400.00 feet; Thence South 0"08'43"East,on a line parallel with said Easterly Right-of-Way Line a distance of 1,180.19 feet to the South Line of Aforesaid Northwest Quarter; Thence South 89`44'55"West on said South Line a distance of 275.00 feet; Thence departing said South Line South 46`50'56"East a distance of 1,560.64 feet to a point on the common line dividing the Northwest Quarter of the Southwest Quarter from the Northeast Quarter of the Southwest Quarter of said Section 10; Thence North 89'36'29"East on a line parallel with aforesaid South Line of the North One Half of the Southwest Quarter of said Section 10 a distance of 1,326.44 feet to the POINT OF BEGINNING. The above described parcel contains 38.551 acres,more or less. SHEET 1 OF 3 EXHIBIT B o�P, O.MEN/S da 34176 y Alex Rondall Perkins Professional Land Surveyor Colorado Registration no. 34176 s�Q�A LANds� R:1Proj15521"�SurveylEasements\DESC_RESTRICTED AREA 4.doc SHEET 2OF3 m I— m x x w � o g N O - co H 0..... wa .p�y,,ne.. b P v Op Z- r d piQ C cmpR FE o a a v o N � O Z v g 3 x4 A C O7i7r6� OL !ONIPMS 3RLLL d°3Nn iSV3 ni g y p .£C MZ AL LZ.BLAs o c� st-Ggok 10,09M q ym a� x � o A 7 $ 8' L'• N ��T+W �-�1i7 ♦r999z �9r,Lo.Ls c k ,et'oeL L 3.T*.90Asts - 8 a OVOM IIIH JJVi S� .99'ZL9Z �1Z.S►.LN r a p Account#: FTC-003160 FORT-COLLINS O ` Invoice Text —� A� NOTICE IS HEREBY GIVEN that the Fort Collins City Courn STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper'of general circulation and printed and published in the City of Fort _ -Collins,-in-said-county and state;that the.notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 12/12/21 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 12th of December 2 02 1. Notary Public Notary Expires FNotary Y F E LTY Legal No.0005038963 Public Ad#:0005038963 Wisconsin Affidavit Prep.ared P 0 :Reading Ordinances adopted Sunday,December 12.20:3:34 am This is not an invoice #of Affidavits 1 NOTICE:' HSI EREBY GIVEN that the Fort Collins City CounciIL 61 TvesdaY, ' Dece'' 7,2021Z:Aassed and admf&d the€�, ing ordinances on second ORQINANCE NO.152 2021 O.F7 HR,COUNCIL OF Th§E CITY Q FffRT.COLLINS,, APPROPRIATING PHiLANTHROPIC REVENUE RCEIVED;BY CITY GAVE FOf�:FOPT COLLINS POLICE SRVQ . ICSS`TO PURCHASE PERSC.NAL PROTECTIVE:EQUIPMENT FOP ALL SWORN bFFICERS TO SHOW APPRE- CIATION FOR THEIR SACRIFICE AND SERV- ICE ORDINANCE N0.153 2021, OF THE COUNCIL OF THE CITY OF FORT.COI.LINS APPROPRIATING PHILANTHROPIC .REVENUE RECEIVED'BY CITY GIVE FOR:PARK PLANNING ANQ DEVEL OPMENT;FOR THE 9AI MEMPOARRI AL AT SPRING ORDINANCE NO:..Is5q,2621 COUiVCIL OF 7 i[ ITk^YT ��F FORT COLLIhTS APPROPRIATING PHI�'f�,NTI'fI op. C REVENUE RECEIVED BY CITY GIVE "3 FOR FC MOVES FOR THE SAFE ROUTES TO SCHOOL 6k6iNIANCE:NO.155,2621:' OF THE COUNCIL OF THE CITY OF FORT COLLINS MATING SUPPLEMENTAL APPRO FTtI TI41N5>APP.RO(sRIAT.FNS� ' PRIG Y1EA1a+:RESERVES,AND AZ_3 -n-IaRIZING"TRANSFERS OF'APPRO- "PRIATIONS FOR THE LAPORTE AVENUE MULTIMODAL IMPROVE- MENT PROJECT AND.RELATERART IN PUBLIC PLA- CES ORDINANCE'NO:'156,2021 OF THE'COUNCIL OF THE CITY OF FORT COLLINS N44KY�IG'SUPPLEMENTAL APPRO- PRIATiONS AND APPROPRIATING PRIOR YEAR RESERVES TO PUR- CHQ¢ E FIGHT ELECTRIC BUSES AN0'ASSOC IAT E D'C HA RGI N G EQUIPMENT ORDMANCE NO:157,2021 Ot �t.HE COUNCIL OF THE CITY OF FORT COLL€NS APPROPRIATING PRIOR YEAR RE- SERVES FROM THE.GENERAL GOVERNMENT CAPITAL EXPAN- SION F`EE"'ACCOUNT IN THE CAPE TAL-EXPANSION FEE FUND FORTHE`P.URCHASE OF THE CON DOMINIUMS IN THE CIVIC CENTER PARKING STRUC- TURE ... O}2DINANCE NO.158,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-146OF THE, :CODE OF.,THE:CITY OF:PORT COLLINS. R RD.ING-THE HUMAN SERVICES t301JSING FUNDING BOARD OF'THE C06NCIL OF THE CITY OF FORT COLLINS A NG CONVEYANCE OF NO T4+ E5 OF.ENVIRONMENTAL USE RESTf �CTfONS TO THE COLORADO ;DEPARTME14T:OF,'PUBLIC`.HEALTH A3lp ENVIRONMENT ON.PORTIONS OF.GATHY FROMME.PRAIRIE NATURAL;AREA IN CONNECTION WITH'REMEDIATION OF CiRflU1yDV4fA,TER CONTAMINATION FROM THE,LARIMER COUNTY LANDFILL ORDINANCE'No.160,2021 OF THE COUNCIL OF THE CITY OF FbRt COLL-INS APPROVING A CON- TRACT TERM OF UP TO TEN YEARS F,..OT, B IIT' ERFLYHOUSEOPERA- TI'ONS,BY.ROCKY MOUNTAIN BUT TERFLYCONSORTIUM,DBA BUT- ..,.t5RFLY.PAVILION ORDINANCE NO.161,2021 OP HE COUNCIL OF THE.CITY OF IR a" OPT:COLLINSl AMENIJI,FSGORDINANCE NO.097, 21 ESTABLISHING THE P$3fvTi,OLLINS,TOURISM IMPROVE- MENT DISTRICT Th 'Tu(C text.o these`ordinanceS can be four3d at:Iif ij/fcgov.com/pu3 IImotices ' or,I>y calling the City Clerk's Office at 970i22Lb5I5: 0005038963,.,- '�:Colorodiadn_;= Deceml3er.12.,2021 Account#: 1+TC-003160 J FORT-COLLINS 0I Invoice Text — NOTICE, 1S HEREBY GIVEN that the Fort Collins City Count STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1, being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,-in said countyand state;-that-the notice or advertisement,ofwhich'the amlexcd is a-true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 11/21/21 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. R Legal Clerk Subscribed and sworn to before tne,within the County of Brown,State of Wisconsin this 21 st of November 202I. Notary Public Notary Expires FNotary KY F E i_TY Legal No.0005009628 PLiblic of Wisconsin Ad#:0005009628 .,,�,.,,, � Affidavit Prepared P O : Sunday,Novcrnber 21,20 3:35 ain This is not an invoice #of Affidavits 1 CEIVED BY.'CITY 'GIVE FOR FC ORDINANCE NO 161i2g21 MOVES FOR;.TIiE SAFE ROUTES TO •OF'THE;.COUNCIL OF':THE, CITY OF :SCHOOL::. FORT-i.COLLINS. AMENDING ORD[- ORDINANCE NO 1'S5 2027.,1 NANCE-'NO '097,2021, ESTABLISHING ., THE FORT:.COLLINS TOURISM.IM OF THE"-COU.NCIL OF1.THE CITY OF, ,PROVEMENT'DISTRICT FORT =COLL€NS;`MAKING ;SUPPLE . MENTAL APPROPRIATIONS, :APPRO The fUEE text of these ordinances can be, PRIATING PRIOR .YEAk RESERVES; found.at: `. AND.:AUTHORIZING„TRANSFERS OF" ',or by,calling the;City Clerks Office).,at. `; APPROPRIATIONS -FOR;.THES:LA= '970.2216515 PORTE;AVENUE.MULTI MODAL' IM ' 0005009626:: PROVEMENT PROJECT';AND RELAT 'Coloradoan.' ED,ART IN PUBLIC PLACES.. Nov.21,2021.'. .. ORDINANCE N0.756;2021. OP".TH.E„COUNCIL OF,tTHE CITY-OF.S': FORT.;:.COLLINS >MAKING. 'SUPP.LE=0. MENTAL AP P..ROP RIATIONS rAND AP-:i: P.ROPR.IATING. :PRIORr YEAR': RE- SERVES. TO :PURCHASE "EIGHT ELECTR€C':BUSES AND:;'AskdATED s< CHARGING EQUIPMENT:.:'::' ORDINANCE NO.157,2021 OF THE COUNCIL OF'THE CITY OF FORT COLLINS, APPROPRIATING PRIOR YEAR RESERVES FROM THE GENERAL GOVERNMENT CAPITAL EXPANSION FEE ACCOUNT IN THE CAPITAL EXPANSION FEE FUND FOR THE PURCHASE OF THE.CON DOM.INIUMS,IN' THE CEVIC CENTER NOTICE IS R, HEEBY GIVEW'that the' PARKING STRUCTURE,- Fort Collins .C€tV.Council on'..Tuesday, November 16f;:2021, passed and'"adopted: ORDINANCE NO.158,2021' ' the. following ordinances on first' OF THE COUNCIL OF THE CITY OF 1 reading. These`ordinances.will.be Are- FORT COLLINS AMENpING`SECTION> sensed for fingl.Passage,on Tuesdays De 27146'OF THE CODE OF.;THE'.CITY OF camber 7,2D21: FORT :COLLINS :RECyARDING.IzThlEii HUMAN SERVICES .,:AND :HOUSING ORDINANCE`NO:152,.2021 a.:+FUNDING'BOARD OF THE COUNCIL OF:THE CITY OF FORT COLLINS APPROPRIATING ORDINANCE NO: 59 2021 PHILANTHROPIC "REVENUE RE- OF THE COUNCIL OF THE'CITY OF: CEIVED BY CITY GIVE FOR FORT FORT COLL€NSF AUTHORIZING.CON.... -. COLLINS POLICE SERVICES TO PUR- VEYANCE -pFi`NOTICES' OF:,':ENVI- CHASE PERSONAL PROTECTIVE RONMENTAL USE;,RESTRICTIONS-TOi EQUIPMENT:.FOR,ALL SWORN'OFFI-. THE.:COLORADO ;DEPARTMENT OF.: `CERS TO SHOW APPRECIATION FOR. 'PUBLIC HEALTH AND ,,ENVIRON-: THEIR SACRIFICE AND SERVICE MENT . ON. ;:PORTIONS' OF CATHY:. F ROMME.,PRAIRIE;'.NATURAL':AREA ORDINANCE NO,153,2021 'IN..CONNECTION :WITH ;'REMEDIA OF THE.COUNCIL'OF;THE CITY :OF:: TION:OF'.GROUNDWATER CONTAMI ':FORT "COLLINS APPROPRIATING;< NATION FROM'THE LARIMER.COUN- PHILANTHROPIC : REVENUE RE TY LANDFILL, CEIVED :BY CITY.GIVE_FOR PARK PLANNING AND:.: DEVELOPMENT' ORDINANCE NO.'160,2021 FOR THE 9/11 MEMORIAL AT SPRING . OF THE COUNCIL OF THE'CITY OF PARK FORT:'COLLINS'7,APPROVING. A?:CON- TRACT TERM"OF UP TO TEN:YEARS ORDINANCE NO.154,20M FOR BUTTERFLY 'HOUSE OPERA- OF THE COUNCIL OF THE CITY OF . TIONS BY"-ROCKY `MOUNTAIN 'BUT- FORT COLLINS APPROPRIATING` TERFLY "CONSORTIUM; OBA. BUT=: PHILANTHROPIC REVENUE RE TERFLY'PAVILION