HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2001 - RESOLUTION 2001-95AUTHORIZING THE ACCEPTANCE OF A AGENDA ITEM SUMMARY ITEM NUMBER: 27
FORT COLLINS CITY COUNCIL DATE: July 17, 2001
STAFF: Mark Sears
SUBJECT:
Resolution 2001-95Authorizing the Acceptance ofa Donation of20.133 Acres of Land,with Related
Improvements, Together with a Cash Donation of$125,000 for Ongoing Site Maintenance, for
Natural Area Purposes From Robert H. Udall.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT:
The value of the 20.133 acres of land and three buildings being donated has not been determined by
appraisal. The expected annual maintenance cost of owning the property and buildings being
donated is anticipated to be less than$10,000 per year.
EXECUTIVE SUMMARY:
Robert Udall,who recently passed away,was the owner of 20.133 acres of land located on the south
end of Claymore Lake at the west end of Michaud Lane and northeast of the Reservoir Ridge Natural
Area. In 1996,Rob Udall donated approximately 41 acres of land,just to the west of this parcel,to
the City for use as a natural area.
Over a year ago Mr. Udall notified Natural Resources about his desire to donate the remainder of
his site to the City for use as a natural area/nature center. He envisioned his house and art studio
being used as a nature center for environmental education, a meeting place for non-profit
environmental groups, and a place for art classes. Just prior to his death, City staff and Mr. Udall
reached final agreement on the terms of a donation agreement providing for the donation of the
20.13 3 acres of land and$125,000 cash to be placed in a perpetual trust for the ongoing maintenance
of the site. The acceptance of the donation of the property is subject to Council approval. Therefore,
staff is requesting Council's acceptance of this very generous donation.
DATE: July 17,2001 2 ITEM NUMBER: 27
Under the terms of the donation agreement, the charitable gift is subject to the following trust
restrictions,which the City must accept:
• Mr.Udall's spouse,Mary Michie Udall,may reserve a life estate in part or all of the
property for her sole use.
• The cash gift ($125,000) will be transferred to the City, which shall hold the
principal in a perpetual trust, the income of which shall be used solely for the
maintenance and repair of the property.
• The property shall be maintained by the City in its natural state as open space,
provided that the City may maintain, use, alter, enlarge or replace the existing
buildings and improvements, for use in connection with the City's Natural Areas
program as a nature center or for such other environmental education or other public
program use as the City may deem appropriate given the natural and conservation
values of the property.
BACKGROUND:
In 1994, the City named a 25-acre tract of land, along the Poudre River just south of Lincoln
Avenue, the Udall Natural Area in honor of the late Dorothy Udall and her husband Rob Udall.
Dorothy had worked tirelessly over many years to protect and enhance the natural values and public
use opportunities of the Poudre River for the benefit of the community. Rob Udall had also been
a dedicated volunteer and ardent supporter of the community's efforts to restore natural areas along
the Poudre. In later years Mr. Udall married Mary Michie, who also supports the protection and
enhancement of natural areas. She shares Mr.Udall's vision for using his property as a natural area
and nature center. In 1996,Rob Udall donated approximately 41 acres of land,just to the west of
this 20-acre parcel,to the City for use as a natural area. Rob and Dorothy Udall had purchased the
entire property in 1950 and built a small two-story home and an art studio set back from but
overlooking the lake. The property also has a small log cabin that was moved from Fort Collins
sometime prior to 1950. (See attached map.)
This property is an essential parcel for the natural areas program. It will serve the program in many
ways. First it will serve as prime wildlife habitat;the site is an"ecological treasure." On just a few
visits to the site,staff has seen the resident pair of great horned owls,bald eagles,mule deer,rabbits,
migratory songbirds, butterflies, and so much more wildlife. The site contains a rich mixture of
grasslands and shrublands on the hogback where the foothills begin,and riparian areas and wetlands
around the lake. Although the property does not include recreational rights to the lake,the view of
the lake and the wildlife which use the lake is exquisite. Second,the property will serve as a nature
center for a variety of environmental education programs. Third,the property will serve to provide
an area for a badly needed small trailhead parking lot for the north end of the Foothills Trail and
access to the Reservoir Ridge Natural Area. Trail users are currently forced to park along Michaud
Lane.
The fifty-year-old house and art studio have been well maintained and both have new septic systems.
The cabin is currently being rented and is in fair shape. Once the City obtains possession of the
property,staff will need to discuss in more detail the appropriate use of the site and the buildings and
prepare a management plan for the site. The use will have to respect the natural values of the site
to conserve the integrity of the existing ecology of the site. It is anticipated that before the buildings
2
DATE: July 17, 2001 3 ITEM NUMBER: 27
can be used they will need to be brought up to the proper building codes for public use, including
ADA accessibility standards. Staff has not determined what improvements may be necessary or
estimated the costs for making the necessary public improvements. Once the management plan has
been completed a study will be done to determine what public improvements will be necessary and
estimate the costs. The $125,000 cash gift will be placed in a perpetual trust and the income
estimated at approximately$10,000 per year will be used for maintenance of the buildings and site.
Staff regrets not being able to bring the acceptance of this generous donation to the Council prior
to Mr. Udall's untimely death, so that he could be properly thanked. This item is presented to the
Council with great admiration and respect for Mr. Udall's life long efforts in environmental
stewardship. The efforts of Mary Michie Udall and her attorney Ron Rutz in helping to carry out
Mr. Udall's wishes are also greatly appreciated.
3
RESOLUTION 2001-95
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACCEPTANCE OF A DONATION OF
20.133 ACRES OF LAND, WITH RELATED IMPROVEMENTS,
TOGETHER WITH A CASH DONATION OF $125,000 FOR
ONGOING SITE MAINTENANCE,FOR NATURAL AREA PURPOSES
FROM ROBERT H. UDALL
WHEREAS, in 1996, Robert H. Udall donated to the City approximately 41 acres of land
for use by the City as a natural area; and
WHEREAS, in 2000, Robert Udall offered to donate to the City the remainder of his
property,adjacent to the property donated in 1996,and comprised of 20.133 acres,together with the
=Stmg =*aVellithtts located thereup inchidmg a two-story house,�art studio and-small log
cabin, as shown on Exhibit"A", attached hereto and incorporated herein by this reference (the
"Property'); and
WHEREAS, the Property is an essential parcel for the natural areas program, in that it
provides prime wildlife habitat, will offer an attractive opportunity to provide environmental
educational programming through the establishment of a nature center,and will provide an area for
badly needed trailhead parking for the north end of the Foothills Trail and access for Reservoir Ridge
Natural Area; and
WHEREAS, in addition to the Property, Robert Udall further offered to donate to the City
funds in the amount of$125,000,to be used by the City for ongoing maintenance of the Property;
and
WHEREAS,City staff and Robert Udall had finalized the terms of a donation agreement in
early June,just prior to his death; and
WHEREAS,the Donation Agreement provides that the charitable gift from Robert H.Udall
is subject to the following restrictions:
a) Robert Udall's spouse,Mary Michie Udall,may reserve a life estate in part or all
of the Property for her sole use; and
b) The cash gift to the City shall be held in a perpetual trust, the income of which
shall be used solely for the maintenance and repair of the Property; and
c) The Property shall be maintained by the City in its natural state as open space,
provided that the City may maintain,use,alter,enlarge or replace the existing buildings
and improvements, for use in connection with the City s Natural Areas program as a
nature center or for such other environmental education or other public program use as
the City may deem appropriate given the natural and conservation values ofthe Property;
and
WHEREAS,among the policies of City Plan as adopted by the Council in Resolution 97-25 is
to establish a system of publicly-owned natural areas to protect the integrity of critical conservation
sites,protect corridors between natural areas,preserve outstanding examples of Fort Collins'diverse
natural heritage and provide a broad range of opportunities for educational, interpretive and
recreational programs to meet community needs; and
WHEREAS, staff has reviewed the resource, natural heritage and open space values of the
Property,and has determined that the Property would provide a valuable opportunity to advance the
Natural Area objectives of City Plan,and to enhance the natural areas program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Council hereby approves and authorizes the acceptance by the Mayor of a
deed of conveyance of the Property for natural area purposes.
"Passed and adopted at a regular meeting of the City Council held this 17th day of July,A.D.
2001.
Mayor
ATTEST:
City Clerk
r
\ J
Blln(�HAM HILL;IRD
.1
Prior
_- Udall Donation - -- '
41 acres
i
lr MICHAUD LN.
— I
Udall Donation
20.133 acres
I
I
N
0 1000 Feet
�� Udall Donation
EXHMff uA•
UDALL PROPERTY
TO BE ACQUIRED BY THE CITY OF FORT COLLINS
s
N
NW CORNER S89'47'04"E
NW OF SE OF SE 353.82'
31-8-69 S2244'56"W
w 117.56'
s
a o S34'08'56"W
'crih 162.60' FF
219.40
S89'417"E ULY 6. 2001
375.00' S01.17'04"E
M. 226.00' �O�e
of$
N ae
z a N89'4017"W N i. o
375.00' a o
w
v0/ w
o m 00 20.133 ACRES 6�
za ^ I.Lo
WEST LINE 'er ,e,
SE OF SE -cll ® t
32-8-69 SS • g5 ®
i. 8320 ����6� G\-Q\,�`lp�p\•
0 4F .Ip� G
o \AZT$� NORTHEAST CORNER
z 6-7-69
566
WEST LINE
NE OF NE
6-7-69
1Q N39'44136"E -65.04' (2) S43'08'566W -111.97'
® N45'03'56"E -308.25' ® S55'02'56"W -144.850
Q S89-40-04"E -127.70' ® N89'12'13"W -21.93'
® S03'55'56"W -95.75'
THIS SKETCH AND THE AREAS ® S77'25'56' W —99.80'
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY. ® S34'09'56"W —172.90'
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
U:\S7WPROJ\WALLAH\UMLLDWG