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..' • HILL, HILL AND MANGES ATTORNEYS AT LAW A v110FC55~ONAL COHVORAT~On FORT COLLINS. COLORADO 80522 ALDEN T. NII_L P O. BO% 921 ALDEN V. NII_L 160 WEST MOUNTAIN AVE. RICHARD B. MANGES TELEPNONE1303)982~3683 -- FA%13031982 7698 D OUGLASA GLOVER September 15, 1992 HAND DELIVER Ms. Richael Michels Larimer County Planning Office P.O. Box 1190 Fart Collins, CO 80522 RE: Don Kehn Construction, Inc. Timr.ath Pit Special Review 92-ZRO111PC Dear Ms. Michels: This is to pruvide some supplementation on behalf of The North Poudre Irrigation Company. The tdorth 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 Book 151 at page 294 of the Larimer County records. A copy is enclosed. Aecause 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 ~h~red equally except any owner or right-of-way holder who damages the fences should be solely responsible to repair it. A legal pence is defined ii: Colorado Revised Statutra §35-sic-lu"1 as a well-constructed three barbed wire fence with substantial posts set at a distance cf approximately 20 feet apart aid sufficir=nt 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 have tc use the North Poudre right-of-way. For safety and liability purposes, it is desirable to keep people away front this ditch.