HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/02/2003 - RESOLUTION 2003-133 AUTHORIZING THE ACCEPTANCE OF ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: December2, 2003
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
SUBJECT
Resolution 2003-133 Authorizing the Acceptance of a Donation by Lon J. and Jolene K. Jacobs of
a Conservation Easement on Property Located at 4550 Hidden Springs Road.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
The value of the conservation easement will be determined by independent City approved appraisal
of fair market value of the conservation easement. The cost of monitoring the easement will be$200
annually.
EXECUTIVE SUMMARY
Lon J. and Jolene K. Jacobs have proposed to donate to the City Natural Areas program a
conservation easement on a property 35 acres in size in the Hidden Springs Subdivision at 4550
Hidden Springs Road in Fort Collins. This conservation easement will allow a five acre or less
building envelope for the existing 3,650 square foot residential home and 768 square foot pole barn.
The conservation easement will require that the entire property outside of the building envelope
remain natural, with no four wheel vehicles or grazing of any animals permitted.
The Jacobs Property is adjacent to and situated immediately southwest of the Cathy Fromme Prairie
Natural Area. It is adjacent to and immediately north of the Latimer County Landfill. The
Conservation easement will afford additional scenic views of the foothills of the Rocky Mountains.
Mr. and Mrs. Jacobs will provide to the City a current appraisal,Phase One Site Assessment,Title
Commitment and Survey defining the building envelope. The Conservation easement will be
donated to the City as a charitable contribution.
The acceptance of the donation is contingent upon receipt of an acceptable appraisal and a fully-
executed Conservation Easement.
RESOLUTION 2003-133
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACCEPTANCE OF A DONATION BY
LON J. AND JOLENE K. JACOBS OF A
CONSERVATION EASEMENT ON PROPERTY LOCATED AT
4550 HIDDEN SPRINGS ROAD
WHEREAS, Lon J. and Jolene K. Jacobs are the owners of certain 35 acre parcel of real
property in the Hidden Springs Subdivision in Larimer County, more particularly described in
Exhibit "A"attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property possesses scenic, open space, and natural values (collectively,
"Conservation Values") of significance to the citizens of Fort Collins, the preservation of which is
consistent with the goals and objectives of the City's Natural Areas Policy; and
WHEREAS, the Conservation Values of the Property include a view of the foothills of the
Rocky Mountains from Taft Hill Road, aesthetic value as open space within the Fort Collins-
Loveland Corridor, and a buffer of undeveloped land to help preserve the high wildlife value of the
adjacent Cathy Fromme Prairie Natural Area; and
WHEREAS,the Jacobs intend that the Conservation Values of the Property be preserved and
maintained by the preservation of the Property,other than a five acre building envelope,in its current
or restored natural condition, in order that habitat for plant and wildlife species present now and in
the future and the visual openness of the Property, will not be harmed or impaired; and
WHEREAS, the Jacobs further intend, as owner of the Property, to convey to the City the
right to preserve and protect the Conservation Values of the Property in perpetuity in accordance
with the provisions of Colorado Revised Statutes Section 38-30.5-101, et seq.; and
WHEREAS, the Jacobs and the City have negotiated a conservation easement agreement,
on file in the Office of the City Clerk and dated November 28, 2003 (the"Conservation Easement")
to serve the governmental, conservation and agricultural policies set forth in state and federal law;
and
WHEREAS,the City is a"qualified conservation organization"and agrees by accepting this
grant to preserve and protect in perpetuity the Conservation Values of the Property for the benefit
of this generation and the generations to come; and
WHEREAS,the Jacobs are also granting to the City a right of first refusal to acquire fee title
to the Property, for a period of twenty (20) years from the date hereof.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to accept the donation of the Conservation Easement,
contingent upon receipt of an acceptable appraisal.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
2nd day of December, A. D. 2003.
Mayor
ATTEST:
Chief Deputy City Clerk