HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/15/2022 - RESOLUTION 2022-028 AUTHORIZING THE MAYOR TO EXECU Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY February 15, 2022
City Council
STAFF
David Myers, Land Conservation Manager
Tawnya Ernst, Sr. Real Estate Specialist
Katie Donahue, Natural Areas Director
Ingrid Decker, Legal
SUBJECT
Resolution 2022-028 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County
to Partner on the Purchase of a Conservation Easement on a 428 Acre Ranch within the Laramie Foothills -
Mountains to Plains Project Area.
EXECUTIVE SUMMARY
The purpose of this item is to seek Council approval of a Resolution implementing an Intergovernmental
Agreement (IGA) with Larimer County to partner on the conservation of a 428 -acre property within the Laramie
Foothills - Mountains to Plains project area. The County is the lead on the project and will hold a conservation
easement on the property. The conservation easement requires that the land never be subdivided and that it
be managed to protect its conservation values in perpetuity. This acquisition would replace sever al property
interests that Larimer County planned to acquire in partnership with the City under a 2020 IGA. This project
was fully described in the Land Conservation Quarterly Report on January 13, 2022.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The County is under contract to purchase a conservation easement on the 428 -acre ranch with an anticipated
closing date of February 28, 2022. The project was identified as a high priority for conservation within the
Laramie Foothills - Mountains to Plains project area and County Open Lands staff have been working with the
landowner towards protecting the ranch since late 2019. Additionally, the project has been approved by Great
Outdoors Colorado (GOCO) as a substitution property for the Special Opportunity Open Space grant that was
awarded to Larimer County in 2020, which also received significant financial support from the City through an
IGA approved by the Council in September 2020.
For more than two decades, the City and Larimer County Open Lands have collaborated to conserve land
throughout Larimer County to meet shared land conservation goals. This collaboration includes funding
partnerships on various open space and conservation easement acquisitions, inclu ding the referenced 2020
GOCO Special Opportunity Open Space grant. This conservation easement will protect important values that
confer the following public benefits:
- Wildlife habitat values, which include high quality riparian corridors associated wit h Lone Pine Creek and
Rabbit Creek (tributaries of the North Fork of the Cache La Poudre River)
Agenda Item 14
Item # 14 Page 2
- Scenic values that protect the visual corridor between Livermore and Red Feather Lakes (W County Road
74E / Red Feather Lakes Rd); conservation of the proper ty affords views of this mountainous area and
adds protected land to the scenic corridor
- Agricultural values include limited livestock grazing on the ranch and haying that occurs on approximately
80 acres of irrigated bottomlands, furthered by the protection of water rights
- Open space values will contribute to existing conserved lands in the vicinity including Steinhoff Hill State
Trust Land, Cherokee Park State Wildlife Area and various privately owned lands protected with
conservation easements (the proposed conservation easement will not allow public access to the property)
The proposed transaction between the City and the County authorizes the City to contribute $526,763 towards
the County’s acquisition of the conservation easement. The conservati on easement ensures that the property
will never be subdivided, that any development is limited to two 7 -acre “building envelopes”, and that the ranch
is to be managed to protect its conservation values in perpetuity.
The project addresses key criteria noted in the Land Acquisition Partnership Guidelines:
· The project aligns with the goals of the Council-adopted Natural Areas Master Plan for regional conservation
and partnerships by conserving lands within the Laramie Foothills Mountains to Plains prior ity area.
• Larimer County and the City have a positive track record of partnerships.
• The proposed partnership enhances landscape scale conservation efforts in the Laramie Foothills
Mountains to Plains project area by finalizing a 428-acre conservation easement acquisition.
• The project leverages the resources of the County, the City and GOCO in the Laramie Foothills, and
extends collaborative efforts in this area.
CITY FINANCIAL IMPACTS
The total cost to the County to acquire the conservation easement is $1,200,000, plus closing and due
diligence costs.
The City’s share will be $526,763, and these funds are already appropriated and available for expenditure.
BOARD / COMMISSION RECOMMENDATION
At its February 9, 2022, meeting, the Land Conservation and Stewardship Board were scheduled to vote
whether to recommend that Council approve the IGA with Larimer County to partner on the purchase of the
Quarter Circle Ranch conservation easement.
PUBLIC OUTREACH
Natural Areas staff will present the proposed partnership to the Land Conservation and Stewardship Board in a
public meeting on February 9, 2022.
Larimer County Open Lands staff has presented the proposed partnership to the County Open Lands Board in
a public meeting on January 27, 2022.
Larimer County staff will present the proposed partnership to the Board of County Commissioners on February
15, 2022.
ATTACHMENTS
1. Site Map (PDF)
2. Vicinity Map (PDF)
3. Update Administrative Partnership Policy (PDF)
W COUNTY ROAD 74EN COUNTY ROAD 37COUNTY ROAD 76HLone Pin e C ree k
Rabbit CreekN Fork Cache la Poudre RiverRabbit CreekQuarter Circle Lazy H Ranch Inc.Conservation Easement Boundaries (approx. 428ac)LegendQuarter Circle Lazy H Ranch CERoadsRiverStreamProtected LandsConservation Easement (Private)Public LandsEntityCountyState¯00.750.375Miles2019 Aerial ImagerySteinhoff HillState Trust LandApproximate Building Envelope(Existing Residence) (7ac)ATTACHMENT 1
Quarter CircleLazy H Ranch IncW COUNTY ROAD 74EN HIGH
W
A
Y
2
8
7
W COUNTY ROAD 80CW COUNTY ROAD 80COUNTY ROAD 76HN COUNTY ROAD 37N GREYROCK RDUNNAMED 102155RANCH SPRINGS RDMAXWELL RANCH RDROBER TS RAN CH RD DEER VALLEY LNGRANITE RDGLone Pine CreekNorth Poudre DitchRabbit CreekStone wall C reek
Middle Fork Rabbit CreekFork C ache la Po udr e River
Quarter Circle Lazy H Ranch Inc.Conservation Easement Boundaries (approx. 428ac)LegendQuarter Circle Lazy H Ranch CERoadsProtected LandsConservation Easement (Private)Public LandsEntityCountyStateFederal¯031.5Miles2019 Aerial ImagerySteinhoff HillState Trust LandCherokee State Wildlife AreaLivermoreATTACHMENT 2
Natural Areas Department
1745 Hoffman Mill Road
PO Box 580
Fort Collins, CO 80522
970.416.2815
970.416.2211 - fax
fcgov.com/naturalareas
Natural Areas – Administrative Policy
Land Acquisition Partnership Guidelines
Background
As requested by City Council during the December 11, 2018 work session, staff developed criteria and
associated guiding questions to address Council’s suggestions related to external land conservation
partnerships. The criteria and guiding questions will be utilized well in advance of formalizing a
partnership. If staff believes the partnership to be justified based upon the criteria and guiding questions,
a memo detailing staff’s recommendation will be presented to Council prior to moving forward. Thus, if
Council has any concerns they can be addressed well in advance of a potential transaction.
Criteria
x The acquisition must align with the land conservation priorities set forth by the Council Adopted -
City of Fort Collins 2014 Natural Areas Master Plan.
x Visitation must be free of charge if public access is allowed.
o If access fees are proposed, a staff recommendation to move forward must be explained
and justified in the report to council.
x The partner/s must have a positive track record of partnerships with the City and/or other
organizations.
x The partnership must enhance the conservation protections of the project.
x The land conservation project must leverage the parties’ resources in a manner that leads to
additional land conservation by one, or both, parties.
Guiding Questions
x Does the land conservation project align with the land conservation priorities set forth by the
Council Adopted - City of Fort Collins 2014 Natural Areas Master Plan?
x Does the partner have a positive track record of partnership with the City and or other
organizations?
x Is the project of mutual interest due to previous investments by the partners or due to its location?
x How will the land conservation project benefit citizens of Fort Collins?
x How can/should the land conservation project be funded?
o Are there grants available to help fund the project?
o Do the partners have the financial ability to participate?
x Will the financial partnership positively affect a grant application?
o Which partner is best suited to apply for and manage the grant?
x Would the land conservation project be possible without the partnership?
o If so, does the partnership leverage resources for additional conservation or partnership
opportunities?
x If the property is purchased:
o Which partner is best suited to manage the property?
x If the land is conserved with a conservation easement?
o Which partner is best suited to hold and monitor the conservation easement?
This Policy was Administratively Adopted by:
_______________________________________________________________________
John Stokes, Natural Areas Department Director Date
November 12 2019
John Stokes
Digitally signed by John
Stokes
Date: 2019.11.12
16:24:58 -07'00'
ATTACHMENT 3
-1-
RESOLUTION 2022-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY TO PARTNER ON THE PURCHASE OF
A CONSERVATION EASEMENT ON A 428 ACRE RANCH WITHIN THE LARAMIE
FOOTHILLS - MOUNTAINS TO PLAINS PROJECT AREA
WHEREAS, to meet shared land conservation goals, the City and Larimer County
(“County”) have been working together since 2003 to conserve land in the Laramie Foothills –
Mountains to Plains Conservation Area, including the Red Mountain Open Space (“Red
Mountain”) directly west of the City’s Soapstone Prairie Natural Area; and
WHEREAS, in 2020 Larimer County (the “County”) was awarded $812,475 in Great
Outdoors Colorado (GOCO) grant funds to acquire, in partnership with the City, fee title and
conservation easements to parcels of real property known as Hawk Canyon Ranch, West Red
Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch (the “2020 Expansion
Properties”); and
WHEREAS, on September 15, 2020, the City Council adopted Resolution 2020-084
authorizing an intergovernmental agreement between the City and County regarding the joint
purchase of the 2020 Expansion Properties along with an additional property not funded by
GOCO called Boxelder (the “2020 IGA”), and the parties thereafter executed the 2020 IGA; and
WHEREAS, under the terms of the 2020 IGA the County planned to acquire ownership
of the Hawk Canyon and Boxelder properties and the City would hold conservation easements
on both properties, and the County would also acquire conservation easements on the West Red
Mountain, South Red Mountain and Green Valley properties; and
WHEREAS, the City agreed to contribute to the costs of acquiring all five properties and,
in addition to the two conservation easements, the City would receive a right of first refusal if the
County ever chose to convey away any of its interests in the five properties; and
WHEREAS, Larimer County has acquired the fee interest in Hawk Canyon Ranch and
conveyed a conservation easement on the property to the City of Fort Collins, and the Parties
shared the acquisition costs and transaction costs associated with the fee acquisition and
conveyance of the conservation easement to Fort Collins as described in the 2020 IGA; and
WHEREAS, Larimer County has acquired a conservation easement on the West Red
Mountain Ranch property and the Parties shared the acquisition costs and transaction costs
associated with the County’s acquisition of the conservation easement as described in the 2020
IGA; and
WHEREAS, Larimer County was not able to acquire the Boxelder Property, or to obtain
conservation easements, as planned, on the South Red Mountain Ranch and Green Valley Ranch
properties; and
-2-
WHEREAS, Larimer County applied for a GOCO Open Space Land Acquisition
Substitution Request, to use GOCO funds remaining from the 2020 IGA to fund the County’s
acquisition of a conservation easement on property known as the QCLH Ranch, comprised of
approximately 428 acres; and
WHEREAS, GOCO has approved funding in the amount of $144,475.00 to be applied to
the County’s acquisition of a conservation easement on the QCLH Ranch, estimated to cost
$1,200,000, plus due diligence and closing costs; and
WHEREAS, the City wishes to collaborate with the County on the costs and
responsibilities of conserving the QCLH Ranch by contributing $526,762.50 to the acquisition
costs of the conservation easement; and
WHEREAS, the City’s portion of the funds has already been appropriated and is
available for expenditure in the Natural Areas Fund; and
WHEREAS, the City and County have negotiated a proposed intergovernmental
agreement regarding the proposed acquisition, a draft of which is attached hereto as Exhibit “A”
and incorporated herein by reference (the “2022 IGA”); and
WHEREAS, under the terms of the 2022 IGA the City would have a right of first refusal
to purchase the conservation easement on the QCLH Ranch should the County ever wish to sell
or transfer it, as well as the right to a proportional share of the proceeds if the conservation
easement or any portion of it is ever sold or condemned; and
WHEREAS, at its regular meeting on February 9, 2022, the Land Conservation and
Stewardship Board voted to recommend that the City Council approve the IGA; and
WHEREAS, Larimer County Open Lands staff intend to present the proposed
arrangement to the Board of County Commissioners on February 15, 2022; and
WHEREAS, the proposed collaboration with the County, as documented in the IGA,
meets the criteria of the Natural Areas Department’s Land Acquisition Partnership Guidelines;
and
WHEREAS, the 2022 IGA states that upon its execution the 2020 IGA will terminate
with respect to the City and County’s obligations regarding the three property interests the
County could not acquire, but that ongoing obligations regarding the properties that were
acquired will continue; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
-3-
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that entering into the IGA with the County
to acquire the QCLH Ranch conservation easement is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the Mayor to execute the IGA,
pursuant to which the City will pay the County a portion of its costs for acquiring a conservation
easement on the QCLH Ranch, and in exchange the County will grant the City a right of first
refusal over the conservation easement, in substantially the form attached hereto as Exhibit “A,”
together with such modifications and additions as the City Manager, in consultation with the City
Attorney, determines are necessary or appropriate to protect the interests of the City or further
the purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of February, A.D. 2022.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Draft 2/8/2022
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE LARAMIE FOOTHILLS QCLH PROJECT
This Intergovernmental Agreement (Agreement) is made this ___day of _____________, 2022,
by and between the CITY OF FORT COLLINS, COLORADO (the "City") and LARIMER COUNTY, COLORADO
(the “County").
WHEREAS, part 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, the County has imposed a sales and use tax via the "Help Preserve Open Spaces
Initiative" for the purchase and maintenance of open space, natural areas, wildlife habitat, parks and
trails and a portion of the funds generated by said sales tax are distributed to municipalities located
within Larimer County, including the City; and
WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as "Open Space
Yes!", portions of the revenues from which are intended and available for the purchase and
maintenance of open space, natural areas, and trails; and
WHEREAS, the parties recognize through the Larimer County Open Lands Master Plan and Fort
Collins Natural Areas Master Plan that certain lands in the Laramie Foothills – Mountains to Plains
Conservation Area (“Conservation Area”) are important to be conserved through various means such as
fee acquisition, conservation easements, and regulatory measures; and
WHEREAS, the parties have historically worked cooperatively to conserve lands within the
Conservation Area, provide limited public recreation, and protect and promote the quality of life,
wildlife, the natural environment and the character of the region; and
WHEREAS, the Larimer County Natural Resources Department and the City of Fort Collins
Natural Areas Department share common goals in conserving land in the Conservation Area, and by this
IGA intend to form a partnership to carry out a land conservation project to protect approximately 428
acres with a conservation easement, as described in Exhibit A; and
WHEREAS, Larimer County was awarded in 2020, $812,475 in Great Outdoors Colorado (GOCO)
grant funds to acquire, in partnership with the City, fee title and conservation easements to parcels of
real property located in the County of Larimer, State of Colorado known as Hawk Canyon Ranch, West
Red Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch parcels (“Laramie Foothills
2020 Expansion Properties”); and
WHEREAS, Larimer County and the City of Fort Collins entered into the Intergovernmental
Agreement Concerning the Laramie Foothills 2020 Expansion Project (the “2020 IGA”), recorded at
Reception Number 20210011409 of the Larimer County records, which describes the sharing of costs
and responsibilities for the acquisition, ownership, improvement and management of the Laramie
Foothills 2020 Expansion Properties, as well as an additional parcel not funded by GOCO (the “Boxelder
Property”); and
EXHIBIT A
Draft 2/8/2022
WHEREAS, Larimer County has acquired the fee interest in Hawk Canyon Ranch and conveyed a
conservation easement on the property to the City of Fort Collins, and the Parties shared the acquisition
costs and transaction costs associated with the fee acquisition and conveyance of the conservation
easement to Fort Collins as described in the 2020 IGA; and
WHEREAS, Larimer County has acquired a conservation easement on the West Red Mountain
Ranch property and the Parties shared the acquisition costs and transaction costs associated with the
County’s acquisition of the conservation easement as described in the 2020 IGA; and
WHEREAS, Larimer County was not able to acquire the Boxelder Property; and
WHEREAS, Larimer County did not obtain conservation easements, as planned, on the South Red
Mountain Ranch and Green Valley Ranch properties, due to the associated landowners’ lack of
willingness to convey conservation easements on said lands after discussing appraised values of the
conservation easements presented at the initial appraisal consultations; and
WHEREAS, Larimer County applied for a GOCO Open Space Land Acquisition Substitution
Request, to use $144,475 in GOCO funds remaining from the 2020 IGA to fund the acquisition of a
conservation easement on the lands described in Exhibit A, referred to as the QCLH Ranch, comprised of
approximately 428 acres; and
WHEREAS, GOCO has approved funding in the amount of $144,475.00 to be applied to the
County’s acquisition of a conservation easement on the QCLH Ranch; and
WHEREAS, the parties desire to cooperate and contract with one another concerning the
sharing of costs and responsibilities for the conservation of the QCLH Ranch.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
A. Subject Properties/Easements
1. The County will make reasonable efforts to acquire a conservation easement on the
QCLH Ranch property (the “Conservation Easement”), subject to prior approval by the Larimer
County Board of County Commissioners in its discretion.
2. The cost for conserving this portion of the QCLH Ranch property, including the
purchase price for the Conservation Easement, appraisal, closing costs, title insurance,
environmental due diligence costs and surveys is estimated to be approximately $1,231,867.00.
These costs are described in greater detail in Exhibit B, attached hereto and incorporated herein by
reference.
3. The parties are responsible for paying the estimated costs designated to each of
them as shown in Exhibit B
EXHIBIT A
Draft 2/8/2022
4. The County will prepare the deed of conservation easement instrument ("Deed").
The County shall submit the Deed, upon completion of the transaction, to the Larimer County Clerk
and Recorder for recording in the real property records of the County and shall provide a copy of the
recorded Deed to the City upon completion of recording.
5. After acquiring the Conservation Easement, the County will prepare a summary
report similar to Exhibit B, showing the exact costs paid by each party. It is not necessarily the
parties’ intent that the costs paid by each party will be equivalent to the value of the property
interest held by such party.
6. Until such time as the closing and conveyance of the Conservation Easement,
Larimer County shall remain the primary negotiator with the landowner. Additionally, the County
shall have the discretion to make decisions related to the negotiations including choice of surveyor,
title company, and other administrative matters, consistent with this Agreement. The parties shall
promptly communicate with each other on any new developments in the negotiations and new
material information related to the subject property and the Conservation Easement acquisition.
7. Upon the execution of this Agreement, the 2020 IGA shall terminate with respect
to the purchase of the conservation easements on the South Red Mountain Ranch and Green Valley
Ranch properties and the purchase of the fee interest in the Boxelder Property. The parties’
ongoing obligations under the 2020 IGA regarding the Hawk Canyon Ranch Property and West Red
Mountain Ranch Property shall continue.
B. Management of the QCLH Ranch Property
1. The private property will remain under the management of the landowner. Larimer
County will steward and monitor the Conservation Easement.
C. Subsequent Sale and/or Transfer of the Conservation Easement Interest
1. If the County desires to sell all or any portion of the Conservation Easement the County
shall provide written notice to the City of its intention to sell its interest (“Notice of Intent to Sell”).
The City shall have a right of first refusal (“ROFR”) to purchase such interest (“Interest”) for its fair
market value. The City shall have 30 days from the date of the Notice of Intent to Sell to notify the
County if it is interested in purchasing the Interest. The parties shall then jointly select an appraiser
to determine the fair market value of the Interest. The cost of such appraisal shall be split equally
between the parties. The City shall notify the County within 30 days following the completion of the
appraisal whether it intends to purchase the Interest. The parties shall then work in good faith to
negotiate a purchase and sale agreement and any necessary documents for completion of the sale.
The ROFR shall expire if the City does not, within 30 days of the completion of the appraisal, notify
the County that it intends to purchase the Interest. If the City timely notifies the County of its intent
to purchase, within 30 days of the completion of the appraisal, the ROFR shall nonetheless expire
two years after the date of the Notice of Intent to Purchase if the parties have not closed on the
conveyance of the Interest by that time.
EXHIBIT A
Draft 2/8/2022
2. If the City declines to purchase the Interest, either before or after having the Interest
appraised, the County may then convey the Interest to a third-party as it chooses.
3. Any transfer of the Conservation Easement interest acquired under this Agreement shall
be subject to the terms of the deed of conservation easement and any GOCO-related grant
requirements.
4. In the event all or any portion of the Conservation Easement is sold, exchanged,
transferred or otherwise extinguished, or taken by eminent domain, the net proceeds from such
disposition shall be divided between the County and the City in the same proportion as their
respective contributions to the initial purchase payments for acquiring the Conservation Easement
as defined in Exhibit B.
D. General Provisions.
1. Each party agrees to execute all additional instruments and documents necessary to
effectuate the transactions and purposes described herein, subject to any necessary approvals.
2. This Agreement shall be binding upon and inure to the benefit of the parties’ respective
successors and permitted assigns.
3. Financial obligations of the parties payable after the current fiscal year are contingent
upon the governing bodies of the parties, in their discretion, appropriating funds sufficient and
intended for such purposes.
4. Each party is responsible for its own negligence and that of its officers, employees and
volunteers. Nothing in this Agreement waives the immunities, limits of liability, or other terms and
conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended.
5. Any notices required or permitted to be given shall be in writing and personally
delivered to the office of the parties hereof, or sent by first class mail, postage prepaid, or by
overnight commercial courier, addressed as follows:
Katie Donahue Daylan Figgs
Natural Areas Director Natural Resources Director
City of Fort Collins – Natural Areas Department Larimer County Natural Resources Department
PO Box 580, Fort Collins, CO 80522 1800 S County Rd 31, Loveland, CO 80537
kdonahue@fcgov.com dfiggs@larimer.org
Any such notice shall be effective (i) in the case of personal delivery or by overnight courier, when
the notice is actually received, or (ii) in the case of first-class mail, the third day following deposit in
EXHIBIT A
Draft 2/8/2022
the United States mail, postage prepaid, addressed as set forth above. Any party may change these
persons or addresses by giving notice as required above.
6. If either party should fail or refuse to perform according to the terms of this Agreement,
such party may be declared in default thereof. If a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and
seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself
of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions
against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-
defaulting party's reasonable attorney fees and costs incurred because of the default.
7. Nothing in this Agreement shall imply any partnership, joint venture, or other
association between the City and the County. Each party shall have sole responsibility for the content
and the conduct of its activities. Neither party shall use the other’s name or logo to suggest co-
sponsorship or endorsement of any activity without the other’s prior written approval.
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement
concerning the QCLH Project, on the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By: _________________________________
Jeni Arndt, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Senior Assistant City Attorney
____________________________ _________________________________
(print name) (print name)
EXHIBIT A
Draft 2/8/2022
BOARD OF COUNTY COMMISSIONERS
LARIMER COUNTY, COLORADO
By: _________________________________
Chair
ATTEST: APPROVED AS TO FORM:
Deputy Clerk County Attorney
EXHIBIT A
Draft 2/8/2022
EXHIBIT A
(Page 1 of 2)
Legal Description of the Conservation Easement
A TRACT OF LAND SITUATE IN THE WEST 1/2 SECTION 30, AND IN THE WEST 1/2
OF SECTION 31, ALL IN TOWNSHIP 10 NORTH, RANGE 70 WEST OF SIXTH P.M.,
COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE EAST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31 AS BEARING S00°05'38'W AND
WITH ALL BEARING CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED
WITHIN THE BOUNDARY LINES WHICH BEGIN AT POINT ON THE WEST LINE OF
THE NORTHWEST 1/4 SAID SECTION 30, WHICH BEARS S00°32'42"E 1320.29 FEET
FROM THE NORTHWEST CORNER OF SAID SECTION 30, AND RUN THENCE
N88°04'39”E 2709.41 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 14
OF SAID SECTION 30; THENCE ALONG SAID EAST LINE, S00°24'25”E 1328.65 FEET
TO THE CENTER 1/4 CORNER OF SAID SECTION 30; THENCE ALONG THE EAST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30, S00°24'25”E 2639.77 FEET TO
THE SOUTH 1/4 CORNER OF SAID SECTION 30; THENCE ALONG THE NORTH LINE
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31, S88°04'30”W
1349.93 FEET TO THE WEST 1/16 CORNER ON THE NORTH LINE OF SAID SECTION
31; THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST
OF SAID SECTION 31, S00°21'45”W 1325.86 FEET TO THE NORTHWEST 1/16 CORNER
OF SAID SECTION 31; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 31, N88°21'46"E 1356.06 FEET TO THE
CENTER-NORTH 1/16 CORNER OF SAID SECTION 31; THENCE ALONG THE EAST
LINE OF THE NORTHWEST 1/4 OF SAID SECTION 31, S00°05'18”W 1332.43 FEET TO
THE CENTER ¼ CORNER OF SAID SECTION 31; THENCE ALONG THE EAST LINE OF
THE SOUTHWEST 1/4 OF SAID SECTION 31, S00°05'38”W 60.32 FEET TO THE
EXISTING CENTERLINE OF COUNTY ROAD 74E; THENCE ALONG SAID
CENTERLINE, N86°45'21”W 414.88 FEET, AND AGAIN S88°19'16"W 452.92 FEET, AND
AGAIN N85°57'26"W 469.78 FEET, AND AGAIN N85°24'44"W 447.88 FEET, AND AGAIN
S88°40'25"W 450.01 FEET, AND AGAIN N 86°15'54"W 491.57 FEET TO A POINT ON THE
NORTHWEST 1/4 SAID SECTION 31; THENCE ALONG SAID WEST LINE, N00°38'22"E
2533.89 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 30; THENCE ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 30, N00°32'42"W 2644.30 FEET
TO THE WEST 1/4 CORNER OF SAID SECTION 30; THENCE ALONG THE WEST LINE
OF THE NORTHWEST 1/4 OF SAID SECTION 30, N00°32'42"W 1324.01 FEET TO THE
POINT OF BEGINNING
AND
THAT PART OF THE NE 1/4 OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 71 WEST
OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, LYING NORTH OF
LARIMER COUNTY ROAD 74E AND EAST OF LARIMER COUNTY ROAD 37,
LESS AND EXCEPT A TRACT DESCRIBED IN BOOK 1591 AT PAGE 438, PUBLIC
RECORDS OF LARIMER COUNTY, COLORADO
EXHIBIT A
Draft 2/8/2022
EXHIBIT A
(Page 2 of 2)
AND
THE NE 1/4 OF THE NW 1/4 OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 70 WEST
OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO
EXHIBIT A
Draft 2/8/2022
EXHIBIT B
QCLH Ranch – Conservation Easement
Acquisition Costs Larimer County Fort Collins GOCO Total
CE Acquisition $528,762.50 $526,762.50 $144,475.00 $1,200,000.00
Appraisal $23,720.00 - - $23,720.00
Closing Costs $1,000.00 - - $1,000.00
Environmental Assessment $3,200.00 - - $3,200.00
Mineral Remoteness Opinion $2,000.00 - - $2,000.00
Surveys $1,947.00 - - $1,947.00
TOTALS $560,629.50 $526,762.50 $144,475.00 $1,231,867.00
EXHIBIT A