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- : :. ALDEN T HILL ALDEN V. HILL RIC HARDB MANGES HILL, HILL AND MANGES ATTORNEYS AT LAW A PNO LES SION /.L CORPORI TION FORT COLLINS. COLORADO 80522 P.O. BOX d21 160 WEST MOUNTAIN AVE. T ELEPHONEf3031462~36R3 FA%1303) 482-]640 DOUGLAS A. GLO VER ~(-'pteillb E-'1 15, 1992 HAi1D DELIVER Ms. Richael Michels Larirner County Planning Office P.O. Box 1190 Fort Collins, CO Q0522 RE: Don Kehn Construction, Inc. Timnath Pit Special Review 92-ZP.0111PC Dear Ms. Michels: This is to provide some supplementation on behalf of The North Poudre Irrigation Company. The North Poudre Irrigation Company has a deeded right-of- way of 100 feet in width pursuant to a Deed dated March 31, 1902. This Deed is recorded in BoeY. 151 at page 244 of the Larimer County records. A copy is enclosed. Because there is a pending development and proposed further development ir; the area, North Poudre asks that as a part of any approval, the applicant fence the right-of-way, recognizing the 100-foot right-of-way with the location of the fence to be 50 feet from the center line of the ditch. After the fence is installed, regular maintenance should be shared equally except auy owner or. right-of-way holder who damages tine fence should be solely responsible to repair it. A legal fence is defined in Colorado Revised Statutes §35•-46-i01 as a well-constructed three barbed wire fence with substantial posts set at a distance of approximately 20 feet apart arrd sufficient to turn ordinary horses and cattle with all gates equally. as. good as. the. fence or any other fence of like efficiency. The applicant should leave sufficient access on the perimeter of its property so it does not hate tc use the North Poudre right-of-way. For safety and liability purposes, it is desirable to keep people away from this ditch.