Post on 10-Sep-2021
▪ PO Box 159, 151 S. Banner Street ▪ Elizabeth, Colorado 80107 ▪ (303) 646-4166 ▪ Fax: (303) 646-9434 www.townofelizabeth.org
TOWN OF ELIZABETH
TOWN OF ELIZABETH Planning Commission Regular Meeting Tuesday, August 03, 2021 at 6:30 PM
Town Hall, 151 S. Banner Street
CALL TO ORDER
ROLL CALL
AGENDA CHANGES
UNSCHEDULED PUBLIC COMMENT
MINUTES 1. Regular Minutes of July 20, 2021
PUBLIC HEARING 2. Abraham Rezoning Application
NEW BUSINESS 3. Discussion and Possible Action on Recommendation to Board of Trustees Approval of Abraham
Rezoning Application
REPORTS 4. Staff Report
5. Commissioner Reports
ADJOURNMENT
Page 1
TOWN OF ELIZABETH
PLANNING COMMISSION
▪ PO Box 159, 151 S. Banner Street ▪ Elizabeth, Colorado 80107 ▪ (303) 646-4166 ▪ Fax: (303) 646-9434 ▪ www.townofelizabeth.org
PLANNING COMMISSION – RECORD OF PROCEEDINGS
JULY 20, 2021
CALL TO ORDER
The Regular Meeting of the Elizabeth Planning Commission was called to order on Tuesday, July
20, 2021, at 6:31 PM by Chair Rachel White.
ROLL CALL
Present were Chair Rachel White, Vice Chair Rob Porter, Commissioners Jenny Case, Barbara
McGinn, and Greg Lopez. There was a quorum to conduct business.
Also present were Assistant Town Administrator Grace Erickson and Deputy Town Clerk
Harmony Malakowski.
AGENDA CHANGES
No agenda changes from staff.
No agenda changes by the Commissioners.
PUBLIC COMMENT
There was no public comment.
MINUTES
Motion by Commissioner McGinn, seconded by Commissioner Case, to approve the minutes
from May 18, 2021.
The vote of those Commissioners present was unanimously in favor. Motion carried.
NEW BUSINESS
Discussion on Sign Code Amendments
Direction was provided to staff regarding sign code changes and drafting an ordinance for
Public Hearing.
Page 2
Item 1.
TOWN OF ELIZABETH
PLANNING COMMISSION
▪ PO Box 159, 151 S. Banner Street ▪ Elizabeth, Colorado 80107 ▪ (303) 646-4166 ▪ Fax: (303) 646-9434 ▪ www.townofelizabeth.org
REPORTS
Ms. Erickson provided information regarding upcoming Public Hearings.
Ms. Erickson reminded the commission about the upcoming APA Colorado Conference.
Discussion regarding senior housing for future market study.
ADJOURNMENT
Motion by Commissioner McGinn, seconded by Commissioner Case, to adjourn meeting at 7:52
PM. The vote of those Commissioners present was unanimously in favor. Motion carried.
_____________________________________ _____________________________________
Chair Rachel White Deputy Town Clerk Harmony Malakowski
Page 3
Item 1.
TOWN OF ELIZABETH
PO Box 159, 151 S. Banner Street, Elizabeth, Colorado 80107 Phone: (303) 646-4166 | Fax: (303) 646-9434 | www.townofelizabeth.org
10/06/2020 PAGE 1
STAFF REPORT Abraham Rezoning | Rezoning application
Rezoning from Regional Commercial (RC) to Commercial Mixed Use (CMU) Applicant: New Mexico Construction Concepts, LLC. / Representative – Will Prescott of THK Associates. Location: Generally located south of State Highway 86 and north of County Road 136. West of the Safeway shopping center and east of the Gold Creek Corridor (ATTACHMENT A).
Applicant Request: The Applicant, New Mexico Construction Concepts LLC, requests approval of a rezoning application from Regional Commercial (RC) zoning to Commercial Mixed Use (CMU) zoning. In accordance with Section 16-1-240. of the Elizabeth Municipal Code (EMC) – Amendments to Chapter and Official Zoning Map– the Planning Commission will conduct a public hearing for the purpose of providing a recommendation to the Board of Trustees on any application for the rezoning of property. Proposal: The Applicant proposes to rezone approximately 44.23 acres from the existing RC zoning designation to CMU zoning designation. The subject site is currently vacant, with no known utilities, easements, or infrastructure. The site is bound by SH 86 to the north and CR 136 to the south, directly west of the existing Safeway shopping center and east of the Gold Creek Corridor. The change to Commercial Mixed Use (CMU) is proposed to allow for future development that aims to meet current market demands including residential development. East of the site exists several commercial properties zoned Regional Commercial, with Planned Use Development lots to the south and west. Background: The property is within the corporate limits of the Town of Elizabeth. The bulk of the property’s annexation occurred in 2000 with subsequent small portions added in 2018. The property was originally designated for B-1 Highway Commercial zoning at the time of the initial annexation actions and subsequently changed to RC zoning with the adoption of new districts in 2002. Surrounding Land Uses: North: North side of Hwy 86 – vacant land and small format commercial uses South: Ritoro residential development (Filing #2 and Filing #3) East: Safeway shopping plaza, other commercial land uses, and vacant land and West: Gold Creek stream corridor
Page 4
Item 2.
TOWN OF ELIZABETH PLANNING COMMISSION
PO Box 159, 151 S. Banner Street, Elizabeth, Colorado 80107 Phone: (303) 646-4166 | Fax: (303) 646-9434 | www.townofelizabeth.org
08/03/2021 PAGE 2
Approval Criteria: Section 16-1-240 (f) of the EMC includes criteria for the Planning Commission and Board of Trustees to consider in rendering a recommendation or a final decision on the proposal. The criteria are as follows:
1. A need exists for the proposal;
2. The particular parcel of ground is indeed the correct site for the proposed development;
3. There has been an error in the original zoning; or
4. There have been significant changes in the area to warrant a zone change;
5. Adequate circulation exists and traffic movement would not be impeded by development; and
6. Additional municipal service costs will not be incurred which the Town is not prepared to meet.
7. There are minimal environmental impacts or impacts can be mitigated.
8. The proposal is consistent with the Town Master Plan maps, goals and policies.
9. There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services
to the proportional degree necessary due to the impacts created by the proposed land use.
Case Analysis: Staff finds that the proposed addition displays conformance with the applicable provisions of the EMC, the Elizabeth Comprehensive Plan, and the Town of Elizabeth Design Guidelines: Elizabeth Municipal Code (EMC): The rezoning process requires Community Development staff to review and refer the application to various agencies for comments and responses within a 25 day time frame. The application completed two cycles of referral. No objections were raised to the rezoning. The applicant’s response to comments is provided as an attachment to the staff report. Comprehensive Plan:
The Town’s Future Land Use map (included in the Comprehensive Plan) prescribes a mix of retail/commercial on the front half of the property with mixed use on the back (southern) half of the property. The proposed CMU zoning district would allow for residential uses (single family detached, single family attached, and multi-family) on the entirety of the site. The application of the CMU district in this location continues to support all five goals outlined in the Future Land Use and Development chapter of the Comprehensive Plan. However, it should be noted that the CMU district limits various uses and commercial activities allowed on the property when compared to the RC district.
Page 5
Item 2.
TOWN OF ELIZABETH PLANNING COMMISSION
PO Box 159, 151 S. Banner Street, Elizabeth, Colorado 80107 Phone: (303) 646-4166 | Fax: (303) 646-9434 | www.townofelizabeth.org
08/03/2021 PAGE 3
Further, it should be noted that the Mixed Use description included in the Comprehensive Plan assumes a general range of residential densities from 8 to 24 dwelling units per acre and assumes that 70 percent of the area will be developed as retail or commercial.
District Comparisons:
Per the EMC, the following are descriptions of the purpose for each of the two zoning districts in the town: Regional Commercial (RC) District:
The RC (Regional Commercial) District is to provide general and large-scale commercial activities such as: retail, eating and entertainment complexes, convenience retail establishments, professional offices and services, clusters of commercial development, commercial accommodations and automotive sales and services. The RC District is to provide more intense commercial uses than those located in the CMU (Commercial Mixed Use) District. Preferred uses are those that particularly provide services for the traveling public.
Commercial Mixed Use (CMU) District: The purpose of the CMU (Commercial Mixed Use) District is to permit a mix of commercial and residential uses with easy access to a major arterial and/or a major collector street. The CMU District is to accommodate a mix of nonresidential and residential uses including small-scale retail, professional offices, live/work developments, professional services, higher density residential developments and commercial accommodations that encourage pedestrian activity. The CMU District is to provide a transition between a limited group of uses of a commercial nature and lower density residential areas.
The following table compares the specific differences between the current zoning for the property (RC) and the proposed zoning designation (CMU). Please note that the differences are highlighted by the table.
STANDARD/USE Regional Commercial (RC) Comm. Mixed Use (CMU)
District Standard Height 35’ 30’ Front ROW Setback 10’ 15’ Land Use Activity Allowed
Residential Allows for Single Family only* Allows for Single and Multi-Family*. Allows for Assisted Living Services and Retirement housing*
Commercial Uses
Allows for intensive commercial development, including regional retail, hotels, construction related businesses with an outdoor presence, and auto-oriented uses
Allows for smaller scale commercial development excluding auto-oriented uses, drive-ins, hotels, sexually oriented businesses.
*Use by special review – additional pre-development land use approval required through a traditional public hearing process with final approval by the Board of Trustees.
Under a CMU designation, the property could be developed with land use scenarios that include single family detached, single family attached, and multi-family residential housing. The applicant is required to follow the appropriate hearings and approvals including Use by Special Review, Subdivision platting, and Site Development plans. The EMC does not prescribe specific densities or required floor area minimums or
Page 6
Item 2.
TOWN OF ELIZABETH PLANNING COMMISSION
PO Box 159, 151 S. Banner Street, Elizabeth, Colorado 80107 Phone: (303) 646-4166 | Fax: (303) 646-9434 | www.townofelizabeth.org
08/03/2021 PAGE 4
maximums. The development standards for each of the districts are very similar with the differences being outlined in the above table. The following table depicts an anticipated land use arrangement under the rezoned CMU district. It should be noted that this information is preliminary and based on current market analysis by the applicant. The rezoning action would not bind the applicant to this specific land use scenario. Additionally, the rezoning action would not prohibit the transaction of the property to another development entity with alternative CMU development plans.
The information to the left highlights general, anticipated land use categories as analyzed by the applicant. The breakdown results in an approximate 45 percent commercial and 55 percent residential land use mix (acres – ROW & open space). The residential uses break down (by units) as approximately 60 percent single family detached and 40 percent multi-family. The residential development area breakdown is 80 percent single family residential and 20 percent multi-family. As noted above, the anticipated residential uses are required to undergo a Use by Special Review process. Further, it should be noted that the proposed detached single family residential use would be allowed under the current RC district designation (with the required Use by Special Review).
Findings and Staff Recommendation: The rezoning application has been reviewed and approved by the development review team and staff in accordance with Section 16-1-240 of the EMC. Staff offers the following findings and recommendation for consideration: Findings:
The proposal has been found to substantially comply with the standards for rezoning as found in the Chapter 16 of the Elizabeth Municipal Code. 1. A need exists for the proposal; - Expansion of housing choices is a topic covered by the
Comprehensive Plan. The change to CMU designation allows for the proposal of various forms of housing and maintains most of the commercial opportunities.
2. The particular parcel of ground is indeed the correct site for the proposed development; - The Comprehensive Plan prescribes land uses that are very similar to those allowed by the CMU district.
3. There has been an error in the original zoning; or – No known error in the original zoning.
4. There have been significant changes in the area to warrant a zone change; - The original B-1 Highway and subsequent RC zoning are in place since 2000. It could be argued that significant changes in the
Page 7
Item 2.
TOWN OF ELIZABETH PLANNING COMMISSION
PO Box 159, 151 S. Banner Street, Elizabeth, Colorado 80107 Phone: (303) 646-4166 | Fax: (303) 646-9434 | www.townofelizabeth.org
08/03/2021 PAGE 5
residential market have occurred to warrant more housing choices.
5. Adequate circulation exists and traffic movement would not be impeded by development; and – Future traffic system design will adhere to Town standards. It can be argued that the difference between the allowed additional residential options under the CMU district vs. the RC district would have nominal traffic impacts.
6. Additional municipal service costs will not be incurred which the Town is not prepared to meet. – Review of the development by civil consultants have outlined that additional raw water well supplies are required and a sanitary lift station upgrade is needed. These items are outlined as part of the review of the proposal and the applicant has acknowledged the needs. Final design of these items will be met at future phases of the development entitlements (platting and site plan review).
7. There are minimal environmental impacts or impacts can be mitigated. – Future design would consider environmental impacts.
8. The proposal is consistent with the Town Master Plan maps, goals and policies. – As mentioned and outlined, the differences between the two designations is limited. The Master Plan (Comprehensive Plan) anticipates “mixed use” on the southern half of the property. This anticipates a residential component and closely aligns with the CMU zone district designation.
9. There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services to the proportional degree necessary due to the impacts created by the proposed land use. Impact fees and developer exactions will be examined through future phases of development.
Staff Recommendation: Based on the analysis above, staff believes that the application meets the criteria for required submittal materials as set forth in Chapter 16 of the Elizabeth Municipal Code. Staff recommends that the Planning Commission forward the rezoning from RC to CMU to the Board of Trustees with a favorable recommendation based on the finding and analysis outlined above. Planning Commission options: The Planning Commission may make the following action when considering this Rezoning application:
• Recommend approval to the Board • Recommend approval with conditions. • Continue the hearing to obtain additional information. • Recommend denial of the Rezoning.
Next steps: Staff will carry any recommendation from the Commission forward to the Board of Trustees at a future hearing.
Page 8
Item 2.
TOWN OF ELIZABETH PLANNING COMMISSION
PO Box 159, 151 S. Banner Street, Elizabeth, Colorado 80107 Phone: (303) 646-4166 | Fax: (303) 646-9434 | www.townofelizabeth.org
08/03/2021 PAGE 6
ATTACHMENT A
BEVERLY STREET
CR 136
STATE HIGHWAY 86
Safeway Shopping Center
Proposed Property for Rezone 44.23 Acres
Page 9
Item 2.
Page 10
Item 2.
Exhibit A
TOWN OF ELIZABETH
LAND USE FEE AND DEPOSIT SCHEDULE
FEE DEPOSIT
ANNEXATION PETITION $500 $4,000
FINAL PLAT $500 $3,000
MINOR SUBDIVISION $300 $1,000
PLANNED UNIT $500 + $30/ ADDITIONAL $3,000
DEVELOPMENT - UP TO 5 ACRE OR PORTION OF ACRE
ACRES
PLANNED UNIT $4,500
DEVELOPMENT - OVER 5
$1,000 + $30/ ADDITIONAL
ACRE OR PORTION OF ACRE
ACRES
PRELIMINARY PLAN $1,000 $5,000
REPLAT, VACATION, OR PLAT $300 $500
AMENDMENT
REZONING - TRADITIONAL $400 + $30/ ADDITIONAL $1,500
ZONES ACRE OR PORTION OF ACRE
SIGN PERMIT $75 $0
SITE PLAN - UP TO 2 ACRES $400 $3,000
SITE PLAN - OVER 2 ACRES $500 + $50/ ADDITIONAL $4,500
ACRE OR PORTION OF ACRE
SITE PLAN AMENDMENT $300 $2,000
SKETCH PLAN $250 $3,000
TEMPORARY STRUCTURE $20
AND USES PERMIT
USE BY SPECIAL REVIEW $500 $2,000
VARIANCE REQUEST $300 $1,000
Page 11
Item 2.
2953 South Peoria Street, Suite 101 Aurora, Colorado 80014
303.770.7201 fax 303.770.7132
m a r k e t r e s e a r c h p l a n n i n g l a n d s c a p e a r c h i t e c t u r e g o l f f e a s i b i l i t y / v a l u a t i o n
March 04, 2021
RE: Pre-Application Project Narrative, 44ac. Rezone
To whom it may concern:
THK Associates, Inc., on behalf of Mike and Steve Abraham, is beginning the process of rezoning a 44-
acre parcel in the Town of Elizabeth, with the ultimate intention of developing the parcel for both
commercial and residential uses. THK Associates is preparing a submittal package to facilitate this
process that is in accordance with the Town of Elizabeth Municipal Code, Sec. 16-1-240 – Amendments
to Charter and Official Zoning Map.
The site, containing approximately 44.23 acres, is currently vacant, with no known utilities, easements,
or infrastructure. Located directly west of the existing Safeway shopping center, the site is bound by SH
86 to the north and CR 136 to the south. It is currently zoned Regional Commercial (RC), however, a
change in zoning to Commercial Mixed Use (CMU) is proposed to allow for future development that
meets current market demands. Rezoning of the parcel from RC to CMU would generate further interest
from prospective buyers, helping expedite the development process. East of the site exists several
commercial properties zoned Regional Commercial, with Planned Use Development lots to the south
and west.
There is no phasing being proposed for this project. The anticipated development timeline for this
proposal is to achieve a rezoning of the site and proceed to development as quickly as possible. Future
improvements by the Owner will be in accordance with the Town of Elizabeth Comprehensive Plan, as
well as Water and Sewer System Master Plan. Conversations with the Town Engineer in 2018 lead us to
believe that adequate water supply is available for this site.
Should you have any questions or concerns, please do not hesitate to contact me.
Sincerely, THK ASSOCIATES, INC. Will Prescott, PLA, ASLA Project Manager O: 303-770-7201
M: 708-691-7468
Page 12
Item 2.
R114581140 S. ELIZABETH ST.
ZONING RCJRG 140 ELIZABETH LLC4055 N. ACADEMY BLVD.
COLORADO SPRINGS, CO 80918
R118169651 W. BEVERLY ST.
ZONING RCELBERT COUNTY LIBRARY DISTRICT
PO BOX 219ELIZABETH, CO 80107-0219
BEVERLYSTREET
R118982ZONING PUD
ELIZABETH 86 INVESTMENTS LLC8321 SANGRE DE CRISTO RD STE 300
LITTLETON, CO 80127-6426
R10
9434
ZON
ING
PU
DR
ITO
RO
SIN
GLE
FAM
ILY
DEV
ELO
PMEN
T
TOWN OF ELIZABETHUTILITY EASMENT
(OFF SITE)
R118754879 S. ELIZABETH ST.
ZONING A-1ROGER D GOODHUE
PO BOX 265FRANKTOWN, CO 80116
S 00°45'40" W, 2603.10'
N 8
9°24
'59"
W,
820.
36'
N 00°52'01" E, 1048.53'
N 06°34'04" E, 845.46'
N 30°29'35" E, 87.50'N 11°54'37" E, 241.82'
N 84°21'01" E, 87.35'
N 11°53'52" E, 381.12'
S 89°13'17" E, 180.07'
N 82°15'20" E, 101.21'
N 89°35'11" E, 202.19'
R118548ZONING RC
NEW MEXICO CONSTRUCTION CONCEPTS LLC500 KINLEY NE
ALBUQUERQUE, NM 87102
R114585230 S ELIZABETH ST.
ZONING PUDELIZABETH U STORE LLC
919 SANTA FE DRDENVER, CO 80204
R114584ZONING RC
SAFEWAY STORES 46 INCC/O PARADIGM TAX GROUP
PO BOX 800729DALLAS, TX 75380
R109416ZONING C
DONALD C NIELSENPO BOX 1868
ELIZABETH, CO80107-1868
R1183822733 ST. HWY. 86
ZONING PUDUNLIMITED LEASING LLP
1638 PAWNEE PKWYELIZABETH, CO 80107
ABRAHAM SUBDIVISION44.23 ACRES +/-
PUBLIC ACCESSBEVERLY STREET
PUBLIC ACCESSHIGHPOINT TRAIL
PUBLIC ACCESSBEVERLY STREET R.I.R.O.
PUBLIC ACCESSHIGHWAY 86
HIG
HW
AY 86 - CD
OT R
IGH
T-OF-W
AY
R109419650 W. BEVERELY ST.
ZONING RCSTORE MASTER FUNDING VIII LLC
BIG R HOLDING COMPANY INC100 BIG R STREETPUEBLO, CO 81001
MIK
E &
STEV
E AB
RAH
AM
ELIZ
ABET
H -
44 A
CR
E R
EZO
NIN
G
ABRAHAM REZONING MAP
PLAN
NER
/LAN
DSC
APE
ARC
HIT
ECT:
THK
ASSO
CIA
TES,
INC
.AT
TN: J
ULI
E G
AMEC
, PLA
2953
S. P
EOR
IA S
TREE
T, S
UIT
E 10
1AU
RO
RA,
CO
800
14P:
303
-770
-720
1E:
JG
AMEC
@TH
KASS
OC
.CO
M
NO
T FO
R C
ON
STR
UC
TIO
N
DESCRIPTION OF PROPERTY
A PARCEL OF PROPERTY LOCATED IN THE WEST 12 OF THE NORTHEAST 14 OF SECTION13, TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF ELBERT, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED ASFOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID WEST 12 OF THE NORTHEAST 14AND CONSIDERING THE EAST LINE OF SAID WEST 12 OF THE NORTHEAST 14 TO BEARS00°45'40"W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;THENCE S00°45'40"W ALONG SAID EAST LINE A DISTANCE OF 45.95 FEET TO A POINTON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86 AND THE POINT OFBEGINNING; THENCE CONTINUING S00°45'40"W ALONG SAID EAST LINE A DISTANCEOF 2603.10 FEET TO THE SOUTHEAST CORNER OF SAID WEST 12 OF THE NORTHEAST 14;THENCE N89°24'59"W ALONG THE SOUTH LINE OF SAID WEST 12 OF THE NORTHEAST 14A DISTANCE OF 820.36 FEET; THENCE N00°52'01"E A DISTANCE OF 1048.53 FEET;THENCE N06°34'04"E A DISTANCE OF 845.46 FEET; THENCE N30°29'35"E A DISTANCEOF 87.50 FEET; THENCE N11°54'37"E A DISTANCE OF 241.82 FEET; THENCE N84°21'01"EA DISTANCE OF 87.35 FEET; THENCE N11°53'52"E A DISTANCE OF 381.12 FEET TO APOINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86; THENCE ALONGSAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES:
1. S89°13'17"E A DISTANCE OF 180.07 FEET;2. N89°15'20"E A DISTANCE OF 101.21 FEET3. N89°35'11"E A DISTANCE OF 202.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 44.23 ACRES +/-
N
400'200'100'0
LEGEND
PROPERTY LINE
SITE
EASEMENT LINE
MAJOR CONTOUR - 10'
MINOR CONTOUR - 2'
CONTACT INFORMATION
PROPERTY OWNERSNEW MEXICO CONSTRUCTION CONCEPTS LLC500 KINLEY NEALBUQUERQUE, NM 87102
APPLICANT/DEVELOPERLANDMARK WESTERN6901 S. YOSEMITE, SUITE 204CENTENNIAL, CO 80112PH: 303-321-6524CONTACT: DON SMITHEMAIL: DON@LANDMARKWESTEN.COM
OWNER'S REPRESENTATIVETHK ASSOCIATES, INC.2953 S. PEORIA ST., SUITE 101AURORA, CO 80014PH: 303-770-7201CONTACT: WILL PRESCOTTEMAIL: WPRESCOTT@THKASSOC.COM
SURVEYOR2N CIVIL, LLCL6 INVERNESS CT., SUITE 125ENGLEWOOD, CO 80112PH: 303-925-0544CONTACT: ERIC TUINEMAIL: ERIC@2NCIVIL.COM
UTILITIES
WATER: TOWN OF ELIZABETH
SEWER: TOWN OF ELIZABETH
ZONING
EXISTING: REGIONAL COMMERCIAL (RC)PROPOSED: COMMERCIAL MIXED USE (CMU)
R1Page 13
Item 2.
Page 14
Item 2.
Page 15
Item 2.
Page 16
Item 2.
Page 17
Item 2.
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A PARCEL OF PROPERTY LOCATED IN THE WEST ½ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAIN, COUNTY OF ELBERT, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST ½ OF THE NORTHEAST ¼ AND CONSIDERING THE EAST LINE OF SAID WEST ½ OF THE NORTHEAST ¼ TO BEAR S00°45’40”W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S00°45’40”W ALONG SAID EAST LINE A DISTANCE OF 45.95 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86 AND THE POINT OF BEGINNING; THENCE CONTINUING S00°45’40”W ALONG SAID EAST LINE A DISTANCE OF 2603.10 FEET TO THE SOUTHEAST CORNER OF SAID WEST ½ OF THE NORTHEAST ¼; THENCE N89°24’59”W ALONG THE SOUTH LINE OF SAID WEST ½ OF THE NORTHEAST ¼ A DISTANCE OF 820.36 FEET; THENCE N00°52’01”E A DISTANCE OF 1048.53 FEET; THENCE N06°34’04”E A DISTANCE OF 845.46 FEET; THENCE N30°29’35”E A DISTANCE OF 87.50 FEET; THENCE N11°54’37”E A DISTANCE OF 241.82 FEET; THENCE N84°21’01”E A DISTANCE OF 87.35 FEET; THENCE N11°53’52”E A DISTANCE OF 381.12 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES:
1. S89°13’17”E A DISTANCE OF 180.07 FEET; 2. N82°15’20”E A DISTANCE OF 101.21 FEET 3. N89°35’11”E A DISTANCE OF 202.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 44.23 ACRES +/-
Page 18
Item 2.