HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2022 - SECOND READING OF ORDINANCE NO. 040, 2022, AUTHORI Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY April 19, 2022
Natural Areas
STAFF
Alynn Karnes, Land Conservation Specialist
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 040, 2022, Authorizing the Conveyance to Larimer County of a
Conservation Easement and a Right of First Refusal on Property to be Acquired by the City and the Existing
Bobcat Ridge Natural Area as Part of the Bobcat Ridge Expansion Conservation Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 5, 2022, authorizes the conveyance of a
conservation easement on 3,280-acres to Larimer County encumbering the 675-acre property to be acquired
and the existing 2,605-acre Bobcat Ridge Natural Area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, April 5, 2022 (w/o attachments) (PDF)
2. Ordinance No. 040, 2022 (PDF)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY April 5, 2022
Natural Areas
STAFF
Alynn Karnes, Land Conservation Specialist
Ingrid Decker, Legal
SUBJECT
Items Related to the Bobcat Ridge Expansion Conservation Project.
EXECUTIVE SUMMARY
A.Resolution 2022-039 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer
County to Partner on the Purchase of a 675-acre Property Adjacent to Bobcat Ridge Natural Area.
B.First Reading of Ordinance No. 040, 2022, Authorizing the Conveyance to Larimer County of a Conservation
Easement and a Right of First Refusal on Property to be Acquired by the City and the Existing Bobcat Ridge
Natural Area as Part of the Bobcat Ridge Expansion Conservation Project.
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with Larimer County for the
Bobcat Ridge Expansion Conservation Project. The Project will conserve 675-acres in fee adjacent to Bobcat
Ridge Natural Area. The Ordinance will authorize the conveyance of a conservation easement on 3,280-acres
to Larimer County encumbering the 675-acre property to be acquired and the existing 2,605-acre Bobcat Ridge
Natural Area.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City is under contract to purchase a 675-acre ranch, in two parts (Ranch Properties), with anticipated closing
dates of April 29, 2022, for the first 414-acre ranch and January 23, 2023, for the second 261-acre ranch. The
Ranch Properties have been a high priority for conservation for nearly two decades, since the purchase of Bobcat
Ridge Natural Area. Over the years, staff engaged with various parties who owned the property. Negotiations
with the current landowner began in 2019. (Attachments 1-2)
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. This acquisition and conservation
easement will protect important values that confer the following public benefits:
•Wildlife values, which include Preble’s meadow jumping mouse habitat, elk winter concentration, moose
summer range, mule deer winter concentration, turkey winter concentration, and black bear summer
concentration areas.
•Preserve existing wildlife corridors in the acquisition area that would be severely disrupted if the
development of 11 allowable 35-acre home sites and a 28-lot platted subdivision set for the property should
commence.
ATTACHMENT 1
COPY
Agenda Item 11
Item # 11 Page 2
• Scenic values that protect a visual corridor including Bobcat Ridge Natural Area and Roosevelt National
Forest.
• Open space values will contribute to existing conserved lands in the vicinity including Bobcat Ridge Natural
Area and Roosevelt National Forest, with potential recreation opportunities where appropriate.
The proposed agreement between the City and the County authorizes the County to contribute $1,000,000
towards the City’s 2022 acquisition of the west portion of the Ranch Properties and the City to convey a
conservation easement on both the Ranch Properties and the existing 2,605-acre Bobcat Ridge Natural Area in
return (Bobcat and Ranch Properties). The conservation easement will ensure that any development on the
Bobcat and Ranch Properties is limited in size and area to designated “building envelopes”, and that the entirety
of the Bobcat and Ranch Properties will 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 Foothills/Buckhorn/Redstone conservation focus area.
• Larimer County and the City have a positive track record of partnerships.
• The proposed partnership enhances landscape scale conservation efforts in the
Foothills/Buckhorn/Redstone focus area by finalizing a 675-acre fee acquisition and a 3,280-acre
conservation easement. (Attachment 3)
CITY FINANCIAL IMPACTS
The total cost to acquire the 675-acre Ranch Properties and to subsequently convey a conservation easement
on said Ranch Properties and Bobcat Ridge is $6,762,653. This total includes the purchase price of the fee
acquisitions as well as the due diligence and closing costs associated with both the fee acquisition and
conservation easement conveyance. The City’s share is approximately $5,762,653 and the County will contribute
$1,000,000.
BOARD / COMMISSION RECOMMENDATION
At its March 9, 2022, meeting, the Land Conservation and Stewardship Board voted to recommend that Council
approve the IGA with Larimer County to partner on the purchase of, and conveyance of a conservation easement
for, the Bobcat Ridge Expansion Conservation Project. (Attachment 4)
PUBLIC OUTREACH
Natural Areas staff presented the proposed partnership to the Land Conservation and Stewardship Board in a
public Meeting on March 9, 2022. Larimer County Open Lands staff will present the proposed partnership to the
County Open Lands Board in a public meeting on March 24, 2022. Larimer County staff will present the proposed
partnership to the Board of County Commissioners on April 5, 2022.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Site Map (PDF)
3. Administrative Policy- Land Acquisition Partnership Guidelines (PDF)
4. Land Conservation and Stewardship Board Minutes, March 9, 2022 (PDF) COPY
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ORDINANCE NO. 040, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO LARIMER COUNTY OF A CONSERVATION
EASEMENT AND A RIGHT OF FIRST REFUSAL ON PROPERTY TO BE ACQUIRED BY
THE CITY AND THE EXISTING BOBCAT RIDGE NATURAL AREA AS PART OF THE
BOBCAT RIDGE EXPANSION CONSERVATION PROJECT
WHEREAS, to meet shared land conservation goals, the City and Larimer County
(“County”) have been collaborating for more than two decades on funding partnerships to acquire
various open space properties and conservation easements; and
WHEREAS, the City owns 2,605 acres of land southwest of Fort Collins known as Bobcat
Ridge Natural Area (“Bobcat Ridge”); and
WHEREAS, whereas the City has entered into a contract to purchase two properties
adjacent to Bobcat Ridge totaling 675 acres (the “Ranch Properties”), with anticipated closing
dates of April 29, 2022 for one parcel and January 23, 2023 for the second parcel; and
WHEREAS, the County has agreed to contribute $1,000,000 towards the purchase of the
Ranch Properties in exchange for the City agreeing to convey to the County a conservation
easement (the “Conservation Easement”) over the Ranch Properties and Bobcat Ridge, which are
more particularly described on Exhibit “A”, attached and incorporated herein by reference, as well
as a right of first refusal in case the City ever wishes to sell all or a portion of its fee interest in
Bobcat Ridge or the Ranch Properties; and
WHEREAS, the Conservation Easement would help ensure that Bobcat Ridge and the
Ranch Properties will be managed to protect their conservation values in perpetuity; and
WHEREAS, concurrently with this Ordinance, the City Council is considering Resolution
2022-039 authorizing an intergovernmental agreement between the City and the County regarding
the conservation of the Ranch Properties and Bobcat Ridge (the “IGA”); and
WHEREAS, at its regular meeting on March 9, 2022, the Land Conservation and
Stewardship Board voted to recommend that the City Council approve conveyance of the
Conservation Easement to the County; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided that the City
Council first finds, by ordinance, that such sale or other disposition is in the best interests of the
City; and
WHEREAS, although the fair market value of the Conservation Easement is likely higher
than $1,000,000, City staff is recommending that the City not charge the County full value for
conveyance of the Conservation Easement as the conveyance serves a bona fide public purpose
under Section 23-114 of the City Code because:
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The County’s acquisition of the conservation easement promotes the general welfare and
benefits the citizens of Fort Collins by ensuring the long-term conservation of Bobcat
Ridge and the Ranch Properties.
The County’s $1,000,000 contribution allows the City to purchase the Ranch Properties,
which supports Strategic Objective 4.7 of the 2020 City’s Strategic Plan, “Expand the
Natural Areas land portfolio while simultaneously maintaining existing lands and
improving equitable access to nature.”
The County will expend its own funds to monitor the Conservation Easement in the future.
The conveyance to the County will not result in any direct financial benefit to any private
person or entity, except to the extent such benefit is only an incidental consequence and is
not substantial relative to the public purpose being served; and
Conveying the conservation easement to the County for less than fair market value will not
interfere with current City projects or work programs, hinder workload schedules or divert
resources needed for primary City functions or responsibilities.
NOW, THEREFORE, BE IT ORDAINED 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 finds that the City’s conveyance of a
conservation easement and granting of a right of first refusal on Bobcat Ridge and the Ranch
Properties to Larimer County as provided herein, once the City has acquired the Ranch Properties,
is in the best interests of the City.
Section 3. That the City Council hereby authorizes the Mayor to execute such
documents as are necessary to convey a conservation easement to the County on terms and
conditions consistent with this Ordinance, together with such terms and conditions as the City
Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect
the interests of the City, including, but not limited to, any necessary changes to the legal description
of the conservation easement, as long as such changes do not materially increase the size or change
the character of the interest to be conveyed.
Section 4. That the City Council hereby authorizes the Mayor to execute such
documents in addition to the IGA as may be necessary to grant a right of first refusal to the County
on terms and conditions consistent with this Ordinance, together with such terms and conditions
as the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City, including, but not limited to, any necessary changes
to the legal description of the right of first refusal, as long as such changes do not materially
increase the size or change the character of the interest to be conveyed.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2022, and to be presented for final passage on the 19th day of April, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of April, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Legal Description of the Eagle Canyon Ranch Property
Parcel 1:SE1/4 of NE 1/4; and E1/2 of SE1/4 of Section 8, Township 6 North, Range 70 West of the 6thP.M., County of
Larimer, State of Colorado. EXCEPTING from said SE1/4 of NE1/4 of Section 8 that portion contained in Quitclaim Deed
recorded July 7, 2012 at Reception No. 20120045227, records of the Larimer County Clerk and Recorder, County of
Larimer, State of Colorado.SE1/4 of NW1/4 and SW1/4 of SE1/4 and SW1/4 and that portion of the NW1/4 of SE1/4 of
Section 9, Township 6 North, Range 70 West of the 6th P.M., County of Larimer, State of Colora do described as follows;
Beginning at the center corner of said Section 9, thence North 85° 16 minutes 46 seconds East 49.66 feet along the North
line of said NW1/4 of SE1/4; thence South 21° 03 minutes 42 seconds East 166.45 feet; thence South 72° 37 minu tes 42
seconds East 557.66 feet; thence South 12° 50 minutes 15 seconds East 778.04 feet; thence South 31° 04 minutes 24
seconds East 189.43 feet to the South line of said NW1/4 of SE1/4; thence South 85° 10minutes 22 seconds West 904.54
feet to the West line of said NW1/4 of the SE1/4; thence North 00° 15 minutes 44 seconds West 1304.73 feet along said
West line to the center comer of said section, the place of beginning. ALSO, the SW1/4 of the NE1/4, EXCEPT a tract of land
more particularly described as follows; Beginning at the NE comer of the SW1/4 of the NE1/4 of said Section 9; thence along
the North line of the SW1/4 of the NE1/4 of said Section 9; South 84° 42 minutes 58 seconds West 977.23 feet to the
approximate centerline of Buckhorn Road; thence along said approximate centerline of Buckhorn Road the following two
(2) courses and distances: South 51° 39 minutes 45 seconds East 128.59 feet; South 44° 13 minutes 04 seconds East 185.03
feet to the beginning of a tangent curve concave to the North ha ving a central angle of 65° 14 minutes 55 seconds and a
radius of 291.37 feet; thence continuing along the approximate centerline of Buckhorn Road and Easterly along the arc of
said curve 331.81 feet; thence tangent from said curve and continuing along the approximate centerline of said Buckhorn
Road the following two courses and distances; North 70° 32 minutes 01 seconds East 410.50 feet; North 61° 04 minutes
27 seconds East 58.06 feet to a point on the East line of the SW1/4 of the NE1/4 of said Se ction 9; thence along the East
line of the SW1/4 of the NE1/4 of said Section 9; North 00° 09 minutes 48 seconds West 209.00 feet to the Point of
Beginning.
Parcel 2:That portion of the Northwest Quarter of the Northeast Quarter of Section 9, Township 6 North, Range 70 West
of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows; Considering the West
line of the Northwest Quarter of the Northeast Quarter of said Section 9 as bearing North 04°15’36” East and wi th all
bearings contained herein relative thereto; BEGINNING at the Southwest corner of the Northwest Quarter of the Northeast
Quarter of said Section 9; thence along the West line of the Northwest Quarter of the Northeast Quarter of said Section 9,
North 04°15’36” East337.67 feet, more or less to a point on the approximate centerline of Larimer County Road No. 27
said point being on a non-tangent curve concave to the Southwest, having a central angle of 5°54’17” and a radius of
673.50 feet, the long chord of which bears South 49°40’33” East 69.38 feet; thence Southeasterly along said approximate
centerline and along the arc of said curve 69.41 feet; thence tangent from said curve and continuing along said approximate
centerline. South 46°43’25” East 418.34 feet, more or less to a point on the South line of the Northwest Quarter of the
Northeast Quarter of said Section 9; thence departing said approximate centerline and along the South line of the
Northwest Quarter of the Northeast Quarter of said Section 9, South 89°14’30” West 382.58 feet to the Southwest comer
of the Northwest Quarter of the Northeast Quarter of said Section 9 and the POINT OF BEGINNING.
Parcel 3:That portion of the Northeast Quarter of the Northwest Quarter of Section 9, Township 6 North, Range 70 West
of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows;
01/13/2022 2:00 PM Commitment No.: 459-H0666402-081-NMCConsidering the South line of the Northeast Quarter of
the Northwest Quarter of said Section 9 as bearing South 89°10’55” West and with all bearings contained herein relative
thereto; BEGINNING at the Southeast comer of the Northeast Quarter of the Northwest Quarter of said Section 9; thence
along the South line of the Northeast Quarter of the Northwest Quarter of said Section 9, South 89°10’55” West 997.80
feet; thence departing said South line. North 57°26’55” East 221.02 feet; thence South 70°44’56” East230.37 feet;
thence South 63°18’18” East 79.40 feet; thence North 82°56’48” East 393.16 feet; thence North 42°45’52” East 217.63 feet,
more or less, to a point on the East line of the Northeast Quarter of the Northwest Quarter of said Section 9; thence along
said East line. South 04° 15’36” West 201.66 feet to the POINT OF BEGINNING
EXHIBIT A
Legal Description of the Soaring Eagle Ranch Property
Lots 51 through 78, and Common Area Lots G and H, Buckhorn Ranch R.L.U.P. 99 -RLP 0033, recorded October 21, 2002 at
Reception No. 2002111362, and Affidavit of Correction recorded May 25, 2006 at Reception No.20060039005 County of
Larimer, State of Colorado, And Residual Lots D and E, Amended Plat of Residual Lot A, Buckhorn Ranch R.L.U.P. 99 -RLP-
0033 recorded May 8, 2007 at Reception No. 20070034808, County of Larime r, State of Colorado, Also known as: That
portion of BUCKHORN RANCH R.LU.P. 99-RLP0033, County of Larimer, State of Colorado, lying Westerly and Southerly of
the centerline of Larimer County Road No. 27 (according to the final plat of said BUCKHORNRANCH R.LU.P. 99-RLP0033),
being situate in Sections 9 and 10, Township 6 North, Range 70 West of the 6thP.M., County of Larimer, State of Colorado
and being more particularly described as follows: Considering the South line of the Southeast Quarter of said Se ction 9 as
bearing North 89°59’57” East and with all bearings contained herein relative thereto: BEGINNING at the Southwest comer
of said Section 10; thence along the South line of the Southwest Quarter of said Section 10 South 88°03’02” East 2056.80
feet to a point on the centerline of Larimer County Road No. 27(according to the final plat of said BUCKHORN RANCH
R.LU.P. 99-RLP0033); thence departing said Southline of the Southwest Quarter of said Section 10 and along said
centerline of Larimer County Rood No. 27 (according to the final plat of said BUCKHORN RANCH R.L.U.P. 99-RLP0033) the
following thirteen (13) courses and distances: North 25°54’45” West 177.04 feet; thence North 23°32’16” West 296.20
feet; thence North 21°36’20” West 325.28 feet; thence North 20°54’19” West 1435.86 feet; thence North 22°20’38” West
2332.68feet; thence to the beginning of a tangent curve concave to the Northeast having a central angle of 20°24’17” and
a radius of 2000.00 feet, the long chord of which bears North 12°08’30” West a distance of708.50 feet; thence Northerly
along the arc of said curve 712.26 feet; thence tangent from said curve North 01°56’21” West 89.86 feet to the beginning
of a tangent curve concave to the South having a central angle of 128°39’07” and a radius of 196.00 feet, the long chord
of which bears North 66°15’54” West a distance of 353.30 feet; thence Westerly along the arc of said curve 440.10 feet;
thence tangent from said curve South 49°24’32” West 396.07 feet to t he beginning of a tangent curve concave to the
Southeast having a central angle of 28°44’08”and a radius of 569.00 feet, the long chord of which bears South 35°02’28”
West a distance of 282.39 feet; thence South westerly along the arc of said curve 285.37 feet; thence tangent from said
curve South 20°40’24” West128.79 feet; thence South 19°36’38” West 573.10 feet to the beginning of a non -tangent
curve concave to the Northwest having a central angle of 49°08’00” and a radius of 350.00 feet, t he long chord of which
bears South 42°40’38” West o distance of 274.26 feet; thence Southwesterly along the arc of said curve 281.81 feel, more
or less to a point on the West line of the Southeast Quarter of the Northeast Quarter of said Section 9; the nce departing
said centerline of Larimer County Road No. 27 (according to the final plat of said BUCKHORN RANCH R.LU.P. 99 -RLP0033)
and along said West line of the Southeast Quarter of the Northeast Quarter of said Section9 South 04°22’34” West 1120.21
feet to the Southwest corner of the Southeast Quarter of the Northeast Quarter of said Section 9: thence along the North
line of the Northwest Quarter of the Southeast Quarter of said Section 9 South 89°23’12” West 1305.43 feet; thence
departing said North line at the Northwest Quarter of the Southeast Quarter of said Section 9 and along the Westerly
lines of said Plat of BUCKHORN RANCH R.LU.P. 99-RLP0033 the following four (4) courses and distances: South 17°20’33”
East 156.79 feet; thence South 63°05’22” East 557.72 feet; thence South 08°18’09“ East 777.83 feet; thence South
26°25’21” East 190.12 feet more or less, to a point on the South line of the Northwest Quarter of the Southeast Quarter of
said Section 9; thence departing said Westerly lines of said Plat of BUCKHORN RANCH R.LU.P. 99-RLP0033 and along said
South line of the Northwest Quarter of the Southeast Quarter of said Section 9 North 89°40’48” East 434.00 feet to the
Southeast corner of said Northwest Quarter of the Southeast Quarter of said Section 9; thence along the West line of the,
Southeast Quarter of the Southeast Quarter of said Section 9 South 04°49’42” West 1314.38 feet to the Southwest corner
of the Southeast Quarter of the Southeast Quarter of said Section 9; thence alo ng the South line of the Southeast Quarter
of the Southeast Quarter of said Section 9 North 89°59’57” East 1327.45 feet to the Southwest corner of said Section 10
and the POINT OF BEGINNING.EXCEPTING THEREFROM that portion conveyed to McBlair Ranch LLC, a Colorado limited
liability company by Quitclaim Deed recorded July 9, 2012 at Reception No. 20120045226 and that portion contained in
Deed of Dedication recorded July 1, 2014 at Reception No. 20140035134
EXHIBIT A
Legal Description of Bobcat Ridge Natural Area
Being portions of land situated in Sections 15, 16, 17, 18, 20, 21, 22 and 27, Township 6 North, Range 70 West of
the 6th P.M., County of Larimer, State of Colorado
EXHIBIT A
EXHIBIT A
EXHIBIT A