HomeMy WebLinkAbout912 WOOD ST. (PATEROS CREEK) - MOD - MOD120004 - REPORTS - CORRESPONDENCE-HEARING (18)I
EXHIBIT A
COMMENCING AT A POINT 20 RODS SOUTH OF THE NW CORNER OF THESE 1/4 OF THE SW 114 OF SECTION 2. TOWNSHIP 7
NORTH, RANGE fig WEST OF THE GTH P.M„ COUNTY OF LARIMER, STATE OF COLORADO, THENCE NORTH 40 RODS; THENCE
EAST 90 RODS; THENCE SOUTH AO RODS; THENCE WEST 00 RODS TO POINT OF BEGINNING.
ALSO. COMMENCING AT A POINT 20 RODS NORTH OF THE. SW CORNER OF THE NE 114 OF THE SW U4 OF SECTION 2, TOWNSHIP
7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, THENCE RUNNING NORTH 632 FEET
TO THE SOUTH SIDE OF CACHE LA POUDRE RIVER; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTH SHORE OF
SAID RIVER 1132 FEET TO A POINT DUE EAST OF THE. BEGINNING; THENCE WEST 675 FEET TO POINT OF BEGINNING.
EXCE7,,PARCELS CONVEYED BY DEEDS RECORDED NOVEMBER 3, 196E IN BOOK 1157 AT PAGE 10, FEBRUARY 1, 19621N
BOOK 1 PG3 AT PAGE 554. NOVEMBER B, 1979 IN BOOK 2003 AT PAGE BBI, AUGUST 12, l9BO IN BOOK 2D61 AT PAGE 619, AUGUST
12. I9B0 IN BOOK 2061 AT PAGE 621 LARIMER COUNTY RECORDS.
TOGETHER with all buildings and other improvements located
on the above -real property.
TOGETHER with all right, title and interest of Bender, if
any, in and to all easements, rights -of -way and rights to
same and any similar rights, belonging or in any way
appertaining to the above real property, and in and to all
stripes and gores of land lying between said real property
and adjoining property, streets or roads, open or
proposed, including, without limitation, any private
rights of access.
TOGETHER with all water and ditch rights appurtenant to
the real property and all other appurtenances thereto,
specifically including, without limitation, six (6) shares
of the capital stock of Arthurs Ditch.
TOGETHER with all water and/or sewer taps, and other
utility taps, located upon or allocated to the above real
property.
TOGETHER with all leases, rental agreements and tenancies
(verba'l), together with all rentals, security and damages
deposits, if any, and other payments derived therefrom
(but excluding cash on hand or in bank accounts, other
than security deposits) affecting any portion of the above
real property (the "Leases").
TOGETHER with all fixtures, equipment, appliances,
machinery, building -materials, furniture, furnishings and
other personal property located on, attached to, or used
in connection with the operation and maintenance of the
above real property; also, all plumbing, heating,
lighting, ventilating and air conditioning fixtures; all
screens, awnings, doors, windows and mailboxes; all
curtain rods and drapery rods, shades and window
coverings; all attached television antennas; all attached
mirrors; all linoleum, floor tile, wall-to-wall carpeting
and other floor coverings; all fireplace equipment. All
such personal property is to be transferred in its present
"AS IS" condition.
Motor vehicles, tools, equipment and other personal
property owned by Bender and stored in the garage are
expressly excluded from the Bender'Property to be conveyed
to Campana pursuant to this Agreement.
(Also known as 912 Wood Street, Fort Collins, Colorado)
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RECEPTION#: 20110057190, 09/20/2011 at
02:05:24 PM,
1 OF 2, R $16.00 State Documentary Fee
$55.00 TD Pgs: 2
Scott Doyle, Latimer County, CO
Special Warranty Deed
(Pursuant to 38-30-115 C.R.S.)
State Documentary Fee
Date: September 09, 2011
$ 55.0o
THIS DEED, made on September D9, 2011 by HOWARD E. BENDER AND CARLA R. BENDER, CO -TRUSTEES OF THE
HOWARD E. BENDER REVOCABLE TRUST DATED OCTOBER 17, 2008 Gramor(s), of the County of LARI AER and State of
COLORADO for the consideration of ($550,000.00) *** Five Hundred Fifty Thousand and 00/100 *** dollars in hand paid, hereby
sells and conveys to SIDEHILL INVESTMENT LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose
street address is 7307 STREAMSIDE DR FORT COLLINS, CO 80525, County of, and Stare of COLORADO, the following real
property in the County of Latimer, and State of Colorado, to wit:
Legal Description Attached and Marked as Exhibit "A"
also known by street and number as: 912 WOOD STREET FORT COLLINS CO 80521
with all its appurtenances and warrants the tide against all persons claiming under the Grantor(s), subject to (1) all easements and rights-
o(•way in place or of record, (ii) all oil, gas, gravel or other mineral leases, exceptions or reservations of record, (iii) all restrictions,
reservations or exceptions contained in any United States or State of Colorado patents or record, (iv) all building, zoning, subdivision,
and other governmental laws, rules, regulations, and ordinances, (v) general property taxes for the year 2011 and subsequent years, (vi)
claims of parties in possession not shown by public records, (vii) discrepancies, conflicts in boundaries, shortages in area and
encroachments, (viii) restrictions, reservations, conditions, covenants and exceptions of record, (ix) notes and all other matters shown
on any survey or plat, (x) inclusion of trhe Properry within any special taxing districts, and (xi) month -to -month verbal leases and
tenancies (collectively "Permitted Exceptions").
THE HOWARD E. BENDER REVOCABLE TRUST DATED OCTOBER 17,
2008
H&W�;
ARD L 4E. ENDER, UST E
CARLA R. BENDER TRUSTEE
State of COLORADO )
ss.
County of LARIMER )
The foregoing instrument was acknowledged before me on this day of September 09, 2011
by HOWARD E. BENDER AND CARLA R. BENDER AS TRUSTEES OF THE HOWARD E. BENDER REVOCABLE
TRUST DATED OCTOBER 17, 2008
PotaryPublic ^-� I r}OTARY PUPt tr I
vty C, omission gxpires �`— l { STATE O`.= COLOi B D(3 -- —
JWhen Recorded•Retum to: SIDEHILL INVESTMENT LLC, A COLORADO LIMITED LIABILI'I7 COMPANY
7307 STREAMSIDE DR FORT COLLINS, CO 80525
Form 13986 092008 swd.exhibit.odt Special Warranty Deed (Photographic) FCC25102068 f11961979) Land, rnle
RECEPTION#: 20110057189, 0912012011 at
02:05:23 PM,
1 OF 1, R $11.00 State Documentary Fee
$0.00 TO Pgs: 0
Scott Doyle, Larimer County, CO
BARGAIN AND SALE DEED
THIS DEED, made by THE HOWARD E. BENDER REVOCABLE TRUST DATED OCTOBER 17, 2008
Grantor(s), whose street address is 2921 N. SHIELDS FORT COLLINS, CO 80524 County of LARIMER and
State of COLORADO for the consideration of TEN dollars in hand paid, hereby sells and conveys to SIDEHILL
INVESTMENT LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), ❑ Joint Tenants
❑ Tenants in Common, whose street address is 7307 STREAMSIDE DR FORT COLLINS, CO 80525 County
of LARIMER, State of COLORADO, the following real property in the SAID County of LARIMER, and State of
Colorado, to wit:
THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO.
TOGETHER with all its appurtenances.
THE HOWARD E. BENDER REVOCABLE TRUST DATED OCOTOBER 17, 2008
N01� R
NDESTEE l i
CARLA R. BENDER, CO -TRUSTEE
State of COLORADO )
)ss
County of LARIMER )
The foregoing instrument was acknowledged before me this day of SEPTEMBER 15, 2011
by HOWARD E. BENDER AND CARLA R. BENDER AS CO -TRUSTEES OF THE HOWARD E.
BENDER REVOCABLE TRUST DATED OCTOBER 17, 2008
Witness my hand and official seal.
My commission expires _\� I / )/ )�AA—C
1 Notary Public
DONNA w?ANCI
NOTARY PitliC
STATE Or COLORADO
When recorded return to:
C,01 Lus . CX-)
irk C' v
Form 3832 020005 bs0 0
No Text
In addition to this form (MT-1 Form 1), please complete the checklist below. ALL requests must include one copy of the following:
® Copy of the effective FIRM panel on which the structure and/or property location has been accurately plotted (property inadvertently located in the NFIP
regulatory floodway, will require Section B of MT-1 Form 3)
❑ Copy of the Subdivision Plat Map for the property (with recordation data and stamp of the Recorder's Office)
OR
® Copy of the Property Deed (with recordation data and stamp of the Recorder's Office), accompanied by a tax assessors map or other certified map
showing the surveyed location of the property relative to local streets and watercourses. The map should include at least one street intersection that is
shown on the FIRM panel.
® Form 2 — Elevation Form. If the request is to remove the structure, and an Elevation Certificate has already been completed for this property, it may be
submitted in lieu of Form 2. If the request is to remove the entire legally recorded property, or a portion thereof, the lowest lot elevation must be
provided on Form 2.
® Please include a map scale and North arrow on all maps submitted.
For LOMR-Fs and CLOMR-Fs, the following must be submitted in addition to the items listed above:
® Form 3—Community Acknowledgment Form
For CLOMR-Fs, the following must be submitted in addition to the items listed above:
❑ Documented ESA compliance, which may include a copy of an Incidental Take Permit, an Incidental Take Statement, a "not likely to adversely affect"
determination from the National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), or an official letter from NMFS or USFWS
concurring that the project has "No Effect" on proposed or listed species or designated critical habitat. Please refer to the MT-1 instructions for additional
information.
Please do not submit original documents. Please retain a copy of all submitted documents for your records.
DHS-FEMA encourages the submission of alf required data in a digital format (e.g. scanned documents and images on Compact Disc (CDI). Digital
submissions help to further DHS-FEMA's Digital Vision and also may facilitate the processing of your request.
Incomplete submissions will result in processing delays. For additional information regarding this form, including where to obtain the supporting
documents listed above, please refer to the MT-1 Form Instructions located at httD://www.fema.gov/plan/prevent/fhm/dl nit-l.shtm.
Processing Fee (see instructions for appropriate mailing address; or visit http://www.fema.gov/fhm/frm fees.shtm for the most current fee
schedule)
Revised fee schedules are published periodically, but no more than once annually, as noted in the Federal Register. Please note: single/multiple
lot(s)/structure(s) LOMAs are fee exempt. The current review and processing fees are listed below:
Check the fee that applies to your request:
❑ $325 (single lot/structure LOMR-F following a CLOMR-F)
® $425 (single lot/structure LOMR-F)
❑ $500 (single lot/structure CLOMA or CLOMR-F)
❑ $700 (multiple lot/structure LOMR-F following a CLOMR-F, or multiple lot/structure CLOMA)
❑ $800 (multiple tot/structure LOMR-F or CLOMR-F)
Please submit the Payment Information Form for remittance of applicable fees. Please make your check or money order payable to:
National Flood Insurance Program.
All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement maybe punishable by fine
or imprisonment under Title 18 of the United States Code, Section 1001.
Applicant's Name (required): Gino Campana
Mailing Address (required): 7307 Streamside Dr.
Fort Collins. CO 80525
E-Mail Address (optional): ® By checking here you may receive
correspondence electronically at the email address provided):
gcompo no g? bellisimoinc.com
Date (required)
Company (if applicable): Sidehill Investment LLC
Daytime Telephone No. (required): 970.229.6900
Fax No. (optional): 970.223.5740
i� a
Signature of Applicant (requir
DHS - FEMA Form 086-0-26, FEB 11 Property Information Form
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MT-1 Form 1 Page 2 of 2
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DEPARTMENT OF HOMELAND SECURITY -FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 1660-0015
PROPERTY INFORMATION FORM Expires February 28, 2014
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this data collection is estimated to average 1.63 hours per response. The burden estimate includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain
benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the
accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal
Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (166D-0015). NOTE: Do not send your completed
form to this address.
This form may be completed by the property owner, property owner's agent, licensed land surveyor, or registered professional engineer to support a request for a
Letter of Map Amendment (LOMA), Conditional Letter of Map Amendment (CLOMA), Letter of Map Revision Based on Fill (LOMll or Conditional Letter of Map
Revision Based on Fill (CLOMR-F) for existing or proposed, single or multiple lots/structures. In order to process your request, all information on this form must be
completed In its entirety, unless stated as optional. Incomplete submissions will result in processing delays. Please check the item below that describes your request:
❑ LOMA
A letter from DHS-FEMA stating that an existing structure or parcel of land that has not been elevated
by fill (natural grade) would not be inundated by the base flood.
❑ CLOMA
A letter from DHS-FEMA stating that a proposed structure that is not to be elevated by fill (natural
grade) would not be inundated by the base flood if built as proposed.
® LOMR-F
A letter from DHS-FEMA stating that an existing structure or parcel of land that has been elevated by
fill would not be inundated by the base flood.
A letter from DHS-FEMA stating that a parcel of land or proposed structure that will be elevated by fill
❑ CLOMR-F
would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is
built as proposed.
Fill is defined as material from any source (including the subject property) placed that raises the ground to or above the Base Flood Elevation (BFE). The common
construction practice of removing unsuitable existing material (topsoil) and backfilling with select structural material is not considered the placement of fill if the
practice does not alter the existing (natural grade) elevation, which is at or above the BFE. Fill that is placed before the date of the first National Flood Insurance
Program (NFIP) map showing the area in a Special Flood Hazard Area (SFHA) is considered natural grade.
Has fill been placed on your property to raise
ground that was previously below the BFE? ® Yes ❑ No If yes, when was fill placed? 12/2011
month/year
Will fill be placed on your property to raise
ground that is below the BFE? ❑ Yes* ❑ No If yes, when will fill be placed? /
month/year
` If yes, Endangered Species Act (ESA) compliance must be documented to FEMA prior to issuance
of the CLOMR-F determination (please refer page 4 to the MT-1 instructions).
1. Street Address of the Property (if request is for multiple structures or units, please attach additional sheet referencing each address and enter
street names below):
912 Wood Street, Fort Collins, CO 80521
2. Legal description of Property (Lot, Block, Subdivision or abbreviated description from the Deed):
912 Wood Street, Fort Collins, CO 80521 IS 10 AC OF NE OF SW, N 10 AC OF SE OF SW 2-7-69, COM 20 RODS, N OF SW COR OF NE
OF SW 2-7-69, N 632 FT TO S BANK OF RIV, SERLY ALG SAME 1132 FT, W 875 FT TO BEG; LESS 8.603 AC M/L SOLD TO LAR CO IN
3. Are you requesting that a flood zone determination be completed for (check one): 1163-554 & 1157-10, LESS 2003-881, 2061-619 & 621)
❑ Structures on the property? What are the dates of construction? (MM/YYYY)
® A portion of land within the bounds of the property? (A certified metes and bounds description and map of the area to be
removed, certified by a licensed land surveyor or registered professional engineer, are required. For the preferred format of
metes and bounds descriptions, please refer to the Ml Form 1 Instructions.)
❑ The entire legally recorded property?
4. Is this request for a (check one):
❑ Single structure
® Single lot
❑ Multiple structures (How many structures are involved in your request? List the number: )
❑ Multiple lots (How many lots are involved in your request? List the number: )
DHS - FEMA Form 086-0-26, FEB 11 Property Information Form MT-1 Form 1 Page 1 of 2
If you have any questions concerning FEMA policy, or the NFIP in general, please contact the FEMA Map
Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal
Emergency Management Agency, LOMC Clearinghouse, 7390 Coca Cola Drive, Ste 204, Hanover, MD
21076.
Sincerely,
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
0 0
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aF'?XRRT
Federal Emergency Management Agency
T
Washington, D.C. 20472
F�9:YD SEGJ
March 07, 2012
Mr. Gino Campana IN REPLY REFER TO:
Sidehill Investment LLC CASE NO: 12-08-0323A
7307 Streamside Drive COMMUNITY: LARIMER COUNTY, COLORADO
Fort Collins, CO 80525 (UNINCORPORATED AREAS)
COMMUNITY NO: 080101
216-AD
RE: SECTION 2, T7N, R69W, 6TH PM — 912 WOOD STREET
Dear Mr. Campana:
This is in response to your request for a Letter of Map Revision based on Fill for the property referenced
above.
The Federal Emergency Management Agency (FEMA) uses detailed application/certification forms for
revision requests or amendments to the National Flood Insurance Program (NFIP) maps. The forms provide
step-by-step instructions for requestors to follow, and are comprehensive, ensuring that the requestors'
submissions are complete and more logically structured. Therefore, we can complete our review more
quickly and at lower cost to the NFIP. While completing the forms may seem burdensome, the advantages
to requestors outweigh any inconvenience.
The following forms or supporting data, which were omitted from your previous submittal, must be
provided:
- The submitted metes and bounds map outlines a portion of the property that is at and above
4973.9 feet NAVD 88. After reviewing US Army Corps of Engineers Study for the community
of Larimer County, (Cache La Poudre River), we have determined that the Base Flood Elevation
at this property is at 4978.1 feet NAVD 88. Please revise your metes and bounds map and
description to include only land above this elevation. A certified map and matching description
reflecting the changes must be submitted. In addition, a certified Elevation Form, indicating the
lowest elevation within the revised metes and bounds must be included.
Please note that if all of the required items are not submitted within 90 days of the date of this letter, any
subsequent request will be treated as an original submittal and will be subject to all submittal procedures.
When you write to us concerning your request, please include the case number referenced above in your
letter. All required items and questions concerning your request are to be directed to LOMC
Clearinghouse, 7390 Coca Cola Drive, Ste 204, Hanover, MD 21076.
Please include this sheet with any
correspondence, data, and/or fees
that you send to FEMA for the case
referenced below.
If you are sending fees please indicate
the amount here: $
Case Number: 12-08-0323A
Project ID: SECTION 2, T7N, R69W, 6TH PM -- 912
WOOD STREET
Community Name: LARIMER COUNTY, COLORADO
(UNINCORPORATED AREAS)
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DEPARTMENT OF HOMELAND SECURITY - FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 1660-0015
ELEVATION FORM Expires February 28, 2014
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this data collection is estimated to average 1.25 hours per response. The burden estimate includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain
benefits. You are not required to respond to this collection of Information unless a valid OMB control number is displayed on this form. Send comments regarding the
accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal
Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0015). NOTE: Do not send your completed
form to this address.
This form must be completed for requests and must be completed and signed by a registered professional engineer or licensed land surveyor. A OHS - FEMA National
Flood Insurance Program (NFIP) Elevation Certificate may be submitted in lieu of this form for single structure requests.
For requests to remove a structure on natural grade OR on engineered fill from the Special Flood Hazard Area (SFHA), submit the lowest adjacent grade (the lowest
ground touching the structure), including an attached deck or garage. For requests to remove an entire parcel of land from the SFHA, provide the lowest lot elevation;
or, if the request involves an area described by metes and bounds, provide the lowest elevation within the metes and bounds description. All measurements are to be
rounded to nearest tenth of a foot. In order to process your request, all Information on this form must be completed in its entirety. Incomplete submissions will
result in processing deiays.
1. NFIP Community Number: 080101 Property Name or Address: 912 Wood Street, Fort Collins, CO
2. Are the elevations listed below based on ® existing or ❑ proposed conditions? (Check one)
3. For the existing or proposed structures listed below, what are the types of construction? (check all that apply)
❑ crawl spate ❑ slab on grade ❑ basement/enclosure ❑ other (explain)
4. Has DHS - FEMA identified this area as subject to land subsidence or uplift? (see instructions) ❑ Yes ® No
If yes, what is the date of the current re -leveling? / (month/year)
5. What is the elevation datum? ® NGVD 29 ❑ NAVD 88 ❑ Other (explain)
If any of the elevations listed below were computed using a datum different than the datum used for the effective Flood Insurance Rate Map
(FIRM) (e.g., NGVD 29 or NAVD 88), what was the conversion factor? LOC4*L D4res++3oo's F/►ts'i 94 Tempt
Local Elevation +/- ft. = FIRM Datum
6. Please provide the Latitude and Longitude of the most upstream edge of the structure (in decimal degrees to the nearest fifth decimal place):
Indicate Datum: ❑ WGS84 ❑ NAD83 ❑ NAD27 Lat. Long.
Please provide the Latitude and Longitude of the most upstream edge of the property (in decimal degrees to the nearest fifth decimal place):
Indicate Datum: ® WGS84 ❑ NAD83 ❑ NAD27 Lat. N40'36'00.57852" Long. W105'05'17.69996"
Lowest
Address
Lot Number
Block
Number
Lowest Lot
Elevation`
Adjacent
Grade To
Base Flood
Elevation
SFE Source
Structure
912 Wood Street
4973.9 NGVD 29
4973.9 NGVD 29
FIRM Map
(INTERPOLATED)
This certification is to be signed and sealed by a licensed land surveyor, registered professional engineer, or architect authorized bylaw to certify elevation
information. All documents submitted in support of this request are correctto the best of my knowledge. I understand that any false statement may be punishable
by fine or Imprisonment under Title 18 of the United States Code, Section 1001.
Certifier's Name: Chad R. Washburn, PLS
License No.: 37963
Expiration Date: October31, 2013
Company Name: Washburn Land Surveying, LLC
Telephone No.: 970.232.9645
Email: chad@Washbumsurveying.com
Fax No. n/a
F�
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Signature:
Dale: MARCH 14, 2012
77
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For requests involving a portion of property, include the lowest ground elevation within
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the metes and bounds description.
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Please note: If the Lowest Adjacent Grade to Structure is the only elevation provided, a determination
(oIQ(1
1 jL 1gy1��j
will be issued for the structure only.
DHS - FEMA Form 086-0-26A, FEB 11 Elevation Form MT-1 Form 2 Page 1 of
-e'
Washburn Land Surveying
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO BEING
MORE PARTICULARLY DESCRIBED AS FOLLOW:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE MERIDIONAL CENTERLINE OF SAID SOUTHWEST
QUARTER, WHICH IS ASSUMED TO BEAR S 00°04'07" E.
COMMENCING AT THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 2;
THENCE N 82°46'17" E, A DISTANCE OF 742.17 FEET, TO THE POINT OF BEGINNING;
THENCE S 72°29'58" E, A DISTANCE OF 11.00 FEET;
THENCE S 61'00'36" E, A DISTANCE OF 56.26 FEET,
THENCE S 45°51'29" E, A DISTANCE OF 28.00 FEET;
THENCE S 11'34'S3" E, A DISTANCE OF 12.83 FEET;
THENCE S 33°46'31" E, A DISTANCE OF 57.28 FEET;
THENCE S 19`36'59" E, A DISTANCE OF 10.57 FEET;
THENCE S 41°14'18" W, A DISTANCE OF 13.40 FEET;
THENCE S 53`25'50" W, A DISTANCE OF 5.22 FEET;
THENCE S 23°39'30" W, A DISTANCE OF 3.62 FEET;
THENCE S 06`29'07" E, A DISTANCE OF 16.57 FEET;
THENCE S O1'58'10" W, A DISTANCE OF 5.67 FEET;
THENCE S 31°19'O1" E, A DISTANCE OF 15.75 FEET;
THENCE S 73°17'41" E, A DISTANCE OF 25.80 FEET;
THENCE S SO°36'37" E, A DISTANCE OF 4.30 FEET;
THENCE S 18`08'58" E, A DISTANCE OF 18.35 FEET,
THENCE S 04°38'S7" W, A DISTANCE OF 8.51 FEET;
THENCE S 26°03'53" E, A DISTANCE OF 74.26 FEET;
THENCE S 12018'35" E, A DISTANCE OF 42.71 FEET;
THENCE S 01"04'35" E, A DISTANCE OF 20.34 FEET;
THENCE 519`40'18" E, A DISTANCE OF 54.06 FEET;
THENCE S 34'19'30" E, A DISTANCE OF 20.20 FEET;
THENCE S 37'32'20" E, A DISTANCE OF 22.09 FEET;
THENCE S 89'55'53" W, A DISTANCE OF 194.56 FEET;
THENCE N 21°43'47" W, A DISTANCE OF 171.33 FEET;
THENCE N 33°07'30" W, A DISTANCE OF 110.80 FEET;
THENCE N 27°04'37" E, A DISTANCE OF 191.50 FEET, TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 71,159 SQUARE FEET, 1.6336 ACRES
I, CHAD R. WASHBURN, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO
HEREBY STATE THATTHE ABOVE PROPERTY DESCRIPTION WAS PREPARED BY ME OR UNDER MY
RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT.
CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR
COLORADO NO.37963
FOR AND ON BEHALF OF WASHBURN LAND SURVEYING, LLC
Washburn Land Surveying, LLC— Phone 970-232-9645
www.WashburnSurveying.com
0 0
SOUTHWEST 1/16TH CORNER OF
SECTION 2. POINT OF
COMMENCEMENT
SURVEYOR'S STATEMENT
I, CHAD R. WASHBURN, A PROFESSIONAL
LAND SURVEYOR, IN THE STATE OF
COLORADO. HEREBY STATE THAT THIS
EXHIBIT WAS PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION AND IS
BASED MY KNOWLEDGE, INFORMATION
AND BELIEF.
CHAD R. WASHBURN, PROFESSIONAL
LAND SURVEYOR
COLORADO PLS 37963
FOR AND ON BEHALF OF
WASHBURN LAND SURVEYING, LLC.
N :L
742.17
NOTE: ALL SPOT ELEVATIONS. SHOW'
HEREON, ARE ON THE NGVD 29. VA
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WWW.WasbburllSurveying.com
1621 MOs11ra1 Creek Drwe
Fmt CPBins. CO ROSZR
160' 240' - - -
Washburn Land Surveying
97a232-9645
B:._-ELL1S1M0
I.ND I.NNDaIAt I.?MlI I)LClL01'UI Ia %I INJ[%]
March 14, 2012
LOMC Clearinghouse CASE NO: 12-08-0323A
7390 Coca Cola Drive, Suite 204 COMMUNITY: LARIMER COUNTY, COLORADO
Hanover, MD 21076 (UNINCORPORATED AREAS)
COMMUNITY NO: 080101
216-AD
RE: SECTION 2, T7N, R69W, 6""' PM — 912 WOOD STREET
Dear Mr. Rodriguez:
This is in response to your letter dated March 07, 2012 regarding my request for a Letter of Map Revision
based on Fill (LOMR-F) for the property referenced above.
The letter requested a revised map, along with a metes and bounds legal description and certified
Elevation Form. The request was a result of confusion surrounding the Lowest Lot Elevation and the
corresponding Base Flood Elevation (BFE) at the location of the Lowest Lot Elevation. The source of
confusion was clarified during a telephone conversation with the analyst (Gomez) assigned to this case on
March 13, 2012.
The Lowest Lot Elevation within the metes and bounds legal description submitted for a LOMR-F is
4973.9 ft — NGVD 29 (4976.9 ft — NAVD 88). The corresponding BFE at this location, as interpolated
from the current effective Flood Insurance Rate Map, is 4973.9 ft — NGVD 29 (4976.9 ft — NAVD 88).
Therefore, the metes and bounds description only contains land that is at or above the governing Base
Flood Elevation(s). This is clearly shown on the updated map, attached hereto, and certified by the same
Professional Land Surveyor who obtained the elevations in the field and wrote the legal description.
I trust that this response letter, along with the enclosed attachments, fully addresses the issues raised in
your letter dated March 07, 2012. Please do not hesitate to contact me directly at (970) 229-5900 if you
have any additional questions or concerns.
nelyana
Sidehill Investment LLC
enc.
- Certified Metes and Bounds Map (showing Lowest Lot Elevation and corresponding BFE)
- Written Metes and Bounds Description (matching map)
- Certified Elevation Form
- Case Number and Project Identification Sheet
Bellisimo Inc., 3702 Manhattan Avenue, Suite 201, Fort Collins, CO 80526.
Phone: 970-229-5900, Fax: 970-223-5740
Website: www.bellisimo-inc.com
The NFIP offers two types of flood insurance policies to property owners: the low-cost Preferred Risk Policy
(PRP) and the Standard Flood Insurance Policy (SFEP). The PRP is available for 1- to 4-family residential
structures located outside the SFHA with little or no loss history. The PRP is available for
townhouse/rowhouse-type structures, but is not available for other types of condominium units. The SFIP is
available for all other structures.
Additional information on the PRP and how a property owner can quality for this type of policy may be
obtained by contacting the Flood Insurance Information Hotline, toll free, at 1-860-427-4661. Before
making a final decision about flood insurance coverage, FEMA strongly encourages property owners to
discuss their individual flood risk situations and insurance needs with an insurance agent or company.
The revisions made effective by a LOMR-F are made pursuant to Section 206 of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) and are in accordance with the National Flood Insurance Act of 1968,
as amended (Title )CIII of the Housing and Urban Development Act of 1968, P.L. 90-448) 42 U.S.C.
4001-4128, and 44 CFR Part 65.
In accordance with regulations adopted by the community when it made application tojoin the NFIP, letters
issued to revise an NFIP map must be attached to the community's official record copy of the map. That
map is available for public inspection at the community's official map repository. Therefore, FF.MA sends
copies of all such letters to the affected community's official map repository.
To ensure continued eligibility to participate in the NFIP, the community must enforce its floodplain
management regulations using, at a minimum, the flood elevations and zone designations shown on the
NFIP map, including the revisions made effective by LOMR-Fs. LOMR-Fs are based on minimum criteria
established by the NFIP. State, county, and community officials, based on knowledge of local conditions
and in the interest of safety, may set higher standards for construction in the SFHA. If the State, county, or
community has adopted more restrictive and comprehensive floodplain management criteria, these criteria
take precedence over the minimum Federal criteria.
FEMA does not print and distribute LOUR -Fs to primary map users, such as local insurance agents and
mortgage lenders; therefore, the community serves as the repository for LOMR-Fs. FEMA encourages
communities to disseminate LOMR-Fs so that interested persons, such as property owners, insurance agents,
and mortgage lenders, may benefit from the information. FEMA also encourages communities to prepare
articles for publication in the local newspaper that describe the changes made and the assistance community
officials will provide in serving as a clearinghouse for LOMR-Fs and interpreting NFIP maps.
When a restudy is undertaken, or when a sufficient number of revisions occur on particular map panels,
FEMA initiates the printing and distribution process for the panels and incorporates the changes made
effective by LOMR-Fs. FEMA notifies community officials in writing when affected map panels are
being physically revised and distributed. If the results of particular LOMR-Fs cannot be reflected on the
new map panels because of scale limitations, FEMA notifies the community in writing and revalidates the
LOMR-Fs in that letter. LOUR -Fs revalidated in this way usually will become effective I day after the
effective date of the revised map.
tvNsrM�
° Federal Emergency Management Agency
Washington, D.C. 20472
!q N° SEV
ADDITIONAL INFORMATION REGARDING
LETTERS OF MAP REVISION BASED ON FILL
When making determinations on requests for Letters of Map Revision based on the placement of fill
(LOMR-Fs), the Department of Homeland Security's Federal Emergency Management Agency (FEMA)
bases its determination on the flood hazard information available at the time of the determination.
Requesters should be aware that flood conditions may change or new information may be generated that
would supersede FEMA's determination. In such cases, the community will be informed by letter.
Requesters also should be aware that removal of a property (parcel of land or structure) from the Special
Flood I lazad Area (SFHA) means FEMA has determined the property is not subject to inundation by the
flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This does not
mean the property is not subject to other flood hazards. The property could be inundated by a flood with a
magnitude greater than the base flood or by localized flooding not shown on the effective National Flood
Insurance Program (NFIP) map.
The effect of a LOMR-F is it removes the Federal requirement for the lender to require flood insurance
coverage for the property described. The LOMR-F is not a waiver of the condition that the property owner
maintain flood insurance coverage for the property. Only the lender can waive the flood insurance purchase
requirement because the lender imposed the requirement. The property owner must request and receive a
written waiver from the lender before canceling the policy. The lender may determine, on its own as a
business decision, that it wishes to continue the flood insurance requirement to protect its financial risk on
the loan.
The LOMR-F provides FEMA's comment on the mandatory flood insurance requirements of the NFIP as
they apply to a particular property. A LOMR-F is not a building permit, nor should it be construed as such.
Any development, new construction, or substantial improvement of a property impacted by a LOMR-F must
comply with all applicable State and local criteria and other Federal criteria.
If a lender releases a property owner from the flood insurance requirement, and the property owner decides
to cancel the policy and seek a refund, the NFIP will refund the premium paid for the current policy year,
provided that no claim is pending or has been paid on the policy during the current policy year. The
property owner must provide a written waiver of the insurance requirement from the lender to the property
insurance agent or company servicing his or her policy. The agent or company will then process the refund
request.
Even though structures are not located in an SFHA, as mentioned above, they could be flooded by a flooding
event with a greater magnitude than the base flood. In fact, more than 25 percent of all claims paid by the
NFIP are for policies for structures located outside the SFHA in Zones B, C, X (shaded), or X (unshaded).
More than one-fourth of all policies purchased under the NFIP protect structures located in these zones.
The risk to structures located outside SFHAs is just not as great as the risk to structures located in SFHAs.
Finally, approximately 90 percent of all federally declared disasters are caused by flooding, and homeowners
insurance does not provide financial protection from this flooding. Therefore, FEMA encourages the
widest possible coverage under the NFIP.
LOMRFENC-I (LAMR-F Removal)
is 0
Page 2 of 2
Date: March 22, 2012
Case No.: 12-08-0323A LOMR-F
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Federal Emergency Management Agency
_
°�fakp Slr'J� Washington, D.C. 20472
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
LEGAL PROPERTY DESCRIPTION (CONTINUED)
COMMENCING at the southwest sixteenth corner of Section 2; thence N82046'17"E, 742.17 feet to the POINT
OF BEGINNING; thence S72029'58"E, 11.00 feet; thence S61000'36"E, 56.26 feet; thence S45051'29"E, 28.00
feet; thence S11034'53"E, 12.83 feet; thence S33046'31 "E, 57.28 feet; thence S19036'59"E, 10.57 feet; thence
S41014'18"W, 13.40 feet; thence S53°25'50"W, 5.22 feet; thence S23039'30"W, 3.62 feet; thence S06129'07"E,
16.57 feet; thence S01158'10"W, 5.67 feet; thence S31019'01"E, 15.75 feet; thence S73D17'41"E, 25.80 feet;
thence S50036'37"E, 4.30 feet; thence S18008'58"E, 18.35 feet; thence SO4138'57"W, 8.51 feet; thence
S26003'53"E, 74.26 feet; thence S12018'35"E, 42.71 feet; thence S01004'35"E, 20.34 feet; thence
S19040'18"E, 54.06 feet; thence S34019'30"E, 20.20 feet; thence S37°32'20"E, 22.09 feet; thence
S89055'53"W, 194.56 feet; thence N21043'47"W, 171.33 feet; thence N33007'30"W, 110.80 feet; thence
N27004'37"E, 191.50 feet to the POINT OF BEGINNING.
FILL RECOMMENDATION (This Additional Consideration applies to the preceding 1 Property.)
The minimum NFIP criteria for removal of the subject area based on fill have been met for this request and the
community in which the property is located has certified that the area and any subsequent structure(s) built on the
filled area are reasonably safe from flooding. FEMA's Technical Bulletin 10-01 provides guidance for the
construction of buildings on land elevated above the base flood elevation through the placement of fill. A copy of
Technical Bulletin 10-01 can be obtained by calling the FEMA Map Assistance Center toll free at (877) 336-2627
(877-FEMA MAP) or from our web site at hftp://www.fema.gov/mitltb1001.pdf. Although the minimum NFIP
standards no longer apply to this area, some communities may have floodplain management regulations that are
more restrictive and may continue to enforce some or all of their requirements in areas outside the Special Flood
Hazard Area.
PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the
preceding 1 Property.)
Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special
Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains
subject to Federal, State/Commonwealth, and local regulations for floodplain management.
This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency, LOMC Clearinghouse, 7390 Coca Cola Drive, Ste 204, Hanover, MD 21076.
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
Page 1 of 2 Date:
March 22, 2012
Case No.: 12-08-0323A
LOMR-F
Federal Emergency Management Agency
Washington, D.C. 20472
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT REMOVAL
COMMUNITY AND MAP PANEL INFORMATION
LEGAL PROPERTY DESCRIPTION
LARIMER COUNTY, COLORADO
A portion of Section 2, Township 7 North, Range 69 West, 6th P.M.,
(Unincorporated Areas)
as described in the Special Warranty Deed recorded as Reception
No. 20110057190, in the Office of the Recorder, Latimer County,
COMMUNITY
Colorado.
The portion of property is more particularly described by the following
COMMUNITY NO.: 080101
metes and bounds:
NUMBER:08069C0977G
AFFECTED
MAP PANEL
DATE: 6117/2008
FLOODING SOURCE: CACHE LA POUDRE RIVER
APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 40.600,-105.088
SOURCE OF LAT & LONG: GOOGLE EARTH PRO DATUM: NAD 83
DETERMINATION
OUTCOME
1%ANNUAL
LOWEST
LOWEST
WHAT IS
CHANCE
ADJACENT
LOT
LOT
BLOCK!
SUBDIVISION
STREET
REMOVED FROM
FLOOD
FLOOD
GRADE
ELEVATION
SECTION
THE SFHA
ZONE
ELEVATION
ELEVATION
(NAVD 88)
(NAVD 88)
NAVD 88)
—
912 Wood Street
Portion of
X
4976.8 to
—
4976.9 to
Property
(shaded)
4978.1 feet
4978.2 feet
Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being
equaled or exceeded in any qiven year (base flood).
ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.)
LEGAL PROPERTY DESCRIPTION
FILL RECOMMENDATION
PORTIONS REMAIN IN THE SFHA
This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based
on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we
have determined that the described portion(s) of the property(ies) islare not located in the SFHA, an area inundated by the flood having a
1-percent chance of being equaled or exceeded in any given year (base flood). This document revises the effective NFIP map to remove the
subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not
apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk
Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this
determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627
(877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 7390 Coca Cola Drive, Ste 204,
Hanover, MD 21076.
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
0 0
C�
SEX HIBIT
T
T�0 Federal Emergency Management Agency
w
Washington, D.C. 20472
Nn sECJ�,
THE HONORABLE LEW GAITER III
CHAIR PRO-TEM, LARIMER COUNTY
COMMISSIONER
200 WEST OAK STREET, 2ND FLOOR
FORT COLLINS, CO 80522
DEAR MR GAITER III:
March 22, 2012
CASE NO.: 12-08-0323A
COMMUNITY: LARIMER COUNTY, COLORADO
(UNINCORPORATED AREAS)
COMMUNITY NO.: 080101
This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine
if the property described in the enclosed document is located within an identified Special Flood
Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled
or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP)
map. Using the information submitted and the effective NFIP map, our determination is shown on the
attached Letter of Map Revision based on Fill (LOMR-F) Determination Document. This
determination document provides additional information regarding the effective NFIP map, the legal
description of the property and our determination.
Additional documents are enclosed which provide information regarding the subject property and
LOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed.
Other attachments specific to this request may be included as referenced in the
Determination/Comment document. If you have any questions about this letter or any of the
enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA
MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse,
7390 Coca Cola Drive, Ste 204, Hanover, MD 21076.
Sincerely,
...........
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
LIST OF ENCLOSURES:
LOMR-F DETERMINATION DOCUMENT (REMOVAL)
cc: State/Commonwealth NFIP Coordinator
Community Map Repository
Region
Mr. Gino Campana