HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2000 - ITEMS RELATING TO AN INTERGOVERNMENTAL AGREEMENT W AGENDA ITEM SUMMARY ITEM NUMBER: 31 A-B
FORT COLLINS CITY COUNCIL DATE: September 5, 2000
STAFF: Tom Shoemaker
SUBJECT:
Items Relating to an Intergovernmental Agreement with Larimer County Concerning the Coyote
Ridge Natural Area.
RECOMMENDATION:
Staff recommends adoption of the Ordinances on First Reading.
FINANCIAL IMPACT:
These actions will provide for the payment of $430,750 to the City of Fort Collins by Larimer
County, and the conveyance of an additional ownership interest in one of the affected parcels.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 123, 2000, Authorizing an Intergovernmental Agreement
with Larimer County Concerning the Coyote Ridge Natural Area and Authorizing the
Conveyance of an 28.09% Undivided Interest in Portions of Coyote Ridge Natural Area
to Larimer County.
B. First Reading of Ordinance No. 124, 2000, Appropriating Unanticipated Revenue in the
1/4 Cent Sales Tax for Natural Areas Capital Fund Received from Latimer County for
the Coyote Ridge Natural Area.
BACKGROUND:
Since 1994, the City of Fort Collins has been working with Larimer County and Loveland to
preserve significant areas of open land between Fort Collins and Loveland. The partners have
collaborated on several conservation projects in this area, including the 841-acre Coyote Ridge
Natural Area. This property is comprised of three distinct parcels, a 442-acre parcel acquired by
the City of Fort Collins in 1994, a 315-acre parcel acquired by the City of Fort Collins in 1995,
and an 84-acre parcel (the "Steppel" property) acquired by Larimer County in 1997.
DATE: September 5, 2000 2 ITEM NUMBER: 31 A-B
Staff from both entities have developed an intergovernmental agreement concerning all of the
parcels within the Coyote Ridge Natural Area. The intergovernmental agreement provides for
the transfer of ownership among the entities such that the City of Fort Collins will retain a
71.91% undivided interest and Latimer County will obtain a 28.09% undivided interest in all
three parcels. Latimer County will pay $430,750 to the City of Fort Collins for the undivided
interest in the property. The City of Fort Collins will continue to have the management
responsibility for the properties and will manage them in accordance with the "Foothills Natural
Areas Management Plan" that staff has developed in cooperation with the County.
ORDINANCE NO. 123, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY CONCERNING THE COYOTE RIDGE NATURAL AREA
AND AUTHORIZING THE CONVEYANCE OF A 28.09%UNDIVIDED INTEREST
IN PORTIONS OF COYOTE RIDGE NATURAL AREA
TO LARIMER COUNTY
WHEREAS, the City of Fort Collins has collaborated with the City of Loveland and
Latimer County on several land conservation projects to implement the jointly adopted Plan for
the Region Between Fort Collins and Loveland; and
WHEREAS, one of the most significant projects has been the protection of the 841-acre
area of land now known as the Coyote Ridge Natural Area, which was acquired in three separate
parcels by the City of Fort Collins and Larimer County; and
WHEREAS, Tract A, as more particularly described on Exhibit "A", attached hereto and
incorporated herein by this reference, was acquired by the City of Fort Collins in 1994 for the
amount of$924,000, which represented the fair market value of Tract A; and
WHEREAS, Tract B, as more particularly described on Exhibit `B", attached hereto and
incorporated herein by this reference, was acquired by the City of Fort Collins in 1995 for the
amount of$661,500, which represented the fair market value of Tract B; and
WHEREAS, Tract C is an 84-acre parcel (the "Steppel Property") that was acquired by
Larimer County in 1997 for the total amount of $278,500, which represented the fair market
value of the Steppel Property, with assistance of the City in the amount of $185,675.95, in
exchange for the conveyance to the City of a 66.67% interest therein; and
WHEREAS, the City and Larimer County previously entered into an Intergovernmental
Agreement Concerning Steppel/Hidden Springs Ranch Road Property, dated April 4, 1997,
which addresses the ownership and management of the Steppel Property (the "Steppel IGA");
and
WHEREAS, Larimer County has agreed to pay to the City the amount of $100,000
toward Tract A and the amount of $330,750 toward Tract B, and has agreed to convey to the
City an additional 5.24% interest in the Steppel Property; and
WHEREAS, the payments to be received by the City from Latimer County will result in
an overall sharing of the total costs and expenses incurred in acquiring Tract A, Tract B, and the
Steppel Property at a ratio of 71.91% by the City and 28.09% by Larimer County; and
WHEREAS, the City of Fort Collins and Larimer County desire to have Tract A, Tract B,
and the Steppel Property (collectively referred to as the "Properties") managed by one entity as
the Coyote Ridge Natural Area; and
WHEREAS, City staff has negotiated an Intergovernmental Agreement with Larimer
County (the "IGA"), whereby Larimer County would pay $430,750 toward the purchase of the
Properties, in exchange for the quit claim by the City of an undivided 28.09% interest in the
properties to the County; and
WHEREAS, the IGA further provides that the City will continue to manage the
Properties, primarily for natural area, wildlife habitat, passive recreational use, and open space
purposes in accordance with the "Foothills Natural Areas Management Plan"; and
WHEREAS, the IGA supercedes the Steppel IGA, in order to consolidate the terms of
ownership and management of each of the Properties together in the IGA; and
WHEREAS, a copy of the IGA, dated September 5, 2000, is on file in the Office of the
City Clerk, and available for review; and
WHEREAS, Article 11, Section 16 of the City Charter and Section 29-1-203, C.R.S.,
provide that the Council may enter into agreements with other governmental bodies for the
performance of cooperative or joint activities; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to sell or otherwise dispose of any and all interests in real property owned in the name
of the City, provided that Council first finds by ordinance that the sale or disposition is in the
best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Mayor is hereby authorized to enter into the IGA, in substantially the
form of the same dated September 5, 2000, and on file in the Office of the City Clerk, together
with such other terms and conditions, or subsequent modifications or amendments, as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City and effectuate the purposes set forth herein.
Section 2. That the quit claim of an undivided 28.09% interest in Tract A and Tract B to
Larimer County, in accordance with the IGA, is in the best interests of the City of Fort Collins.
Section 3. That the Mayor is hereby authorized to execute a quit claim deed conveying
an undivided 28.09% interest in Tract A and Tract B to Larimer County, upon execution of the
IGA.
• Introduced and considered favorably on first reading and ordered published this 5th day
of September, A.D. 2000, and to be presented for final passage on the 19th day of September,
A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of September, A.D. 2000.
Mayor
ATTEST:
. City Clerk
•
Legend
City Limits
Streets
Coyote Ridge Natural Area ,� 1
j a 1
1A
• N 1 1 _
. 1
W TRILBY RD
1
1 � 1
1 1
1 1
1
1
1 1
1 1 �
1 1
1 1
1 1
1 1
1 1
Coyote Ridge Natural Area N
Vicinity Map Z000 o Z000 Feet
Exhibit A
Legal Description for Tract A
Parcel I:
The West one-half of Section 16,Township 6 North, Range 69 West of the
61h P.M., being more particularly described as follows:
Commencing at the Southwest corner of said Section 16, said point being
the True Point of Beginning;
thence North along the West line of the Southwest quarter a distance of
2,615.24 feet to the West one-quarter corner of said Section;
thence North 0 degrees 08 minutes 06 seconds West along the West line of
the Northwest one-quarter of said Section 16, a distance of 2,610.61 feet
to the Northwest comer of said Section;
thence South 89 degrees 43 minutes 50 seconds East along the North line
of said Northwest one-quarter a distance of 2,653.69 feet to the North
one-quarter corner of said Section 16;
thence South 0 degrees 19 minutes 01 seconds West along the North-South
centerline of said Section 16, a distance of 2,608.73 feet to the center
of said Section;
thence continuing South 0 degrees 19 minutes 01 seconds West a distance
. of 2,589.07 feet to the South one-quarter comer of said Section;
thence South 89 degrees 39 minutes 28 seconds West along the South line
of the Southwest one-quarter a distance of 2,618.80 feet to the True
Point of Beginning;
EXCEPTING therefrom those portions contained in Deeds recorded December
8, 1980 in book 2090 at Page 849; February 19, 1993 as Reception No.
93010694; and April 20, 1994 as Reception No. 94034441.
TOGETHER WITH a strip of land 100 feet in width North and parallel to the
South line of the Southeast one-quarter of Section 16, Township 6 North,
Range 69 West of the 6`s P.M., being more particularly described as follows:
Commencing at the South one-quarter comer of said Section 16, said point
being the True Point of Beginning;
thence North 00 degrees 19 minutes 01 seconds East along the North-South
center of Section line a distance of 100.01 feet;
thence South 88 degrees 54 minutes 30 seconds East a distance of 2,655.08
feet to a point on the East line of the Southeast one-quarter of said
Section 16;
thence South 00 degrees 21 minutes 47 seconds West a distance of 100.01
feet to the Southeast corner of said Section 16;
• thence North 88 degrees 54 minutes 30 seconds West along the South line
Exhibit A - Continued
Legal Description for Tract A
of said Southeast one-quarter a distance of 2,655.00 feet to the South
one-quarter corner, said point being the True Point of Beginning.
County of Latimer, State of Colorado
PARCEL II:
A tract of land located in the East half of the East half of Section 17,
Township 6 North,Range 69 West of the Sixth Principal Meridian, County
Qf Larimer, State of Colorado being more particularly described as
follows:
Considering the East line of the Northeast Quarter of Section 17 as
bearing South 00 degrees 21 minutes 48 seconds East and with all other
bearings herein being relative thereto.
Commencing at the Southeast corner of said Section 17, also being the
True Point of Beginning; —
thence South 89 degrees 23 minutes 03 seconds West 1,297.60 feet along
the South line of the Southeast quarter Section 17;
thence North 00 degrees 22 minutes 42 seconds West 2,457.05 feet along
the West line of the East half of the East half of Section 17;
thence South 90 degrees 00 minutes 00 seconds East 1,298.26 feet to the
East line of Section 17;
thence South 00 degrees 21 minutes 48 seconds East 2,443.10 feet along
the East line of Section 17 to the True Point of Beginning.
EXCEPTING therefrom that portion conveyed to Bemett F. Gindler and Alice
J. Gindler by Deed recorded January 14, 1993 as Reception No. 93002989.
County of Larimer, State of Colorado
PARCEL III:
The Northwest 1/4 of Section 21, township 6 North, Range 69 West of the
61h P.M.
All being in the County of Larimer, State of Colorado.
EXHIBIT B
Legal Description for Tract B
Tract 1
A tract of land in the NE '/4 of Section 16, Township 6 North,
Range 69 West of the 6'h Principal Meridian, Latimer County, Colorado, described as
follows:
Considering the northerly line of the NE '/4 of Section 16 as bearing N 89' 32' 04"E
from solar observation. Said line being monumented by a 3/4" rebar at the North '/4 corner
and a 3/4" rebar with 2 '/2" aluminum cap in a monument box at the northeast corner.
Beginning at the Northeast corner of Section 16; thence S 00' 03' 39"
W, along the easterly line of the NE '/4 NE '/4, 1314.59 feet to the N 1/16 corner of
Sections 15 and 16; thence S 00° 05' 42" W, along the easterly line of the SE '/4 NE '/4,
1016.89 feet, thence N 71' 34' 50" W, 724.73 feet; thence N 00' 02' 07" E, 2096.88 feet
to a point on the northerly line of the NE '/4; thence N 89' 32' 04" E, along said line,
689.42 feet to the POINT OF BEGINNING.
Tract 2
A tract of land in the NE '/4 of Section 16, Township 6 North, Range 69 West of the 6`h
Principal Meridian, Latimer County, Colorado, described as follows:
Considering the northerly line of the NE '/4 of Section 16 as bearing N 89' 32' 04"E
from solar observation. Said line being monumented by a 3/4" rebar at the North '/4 corner
and a 3/4" rebar with 2 '/2" aluminum cap in a monument box at the northeast corner.
From the Northeast comer of Section 16; thence S 89' 32' 04" W, along the northerly
line of the NE '/4, 689.42 feet to the POINT OF BEGINNING; thence S 00' 02' 07" W,
2096.88 feet; thence N 71' 34' 50" W, 817.84 feet; thence N 00' 02' 07"E, 1832.16 feet
to a point on the northerly line of the NE'/4; thence N 89° 32' 04" E, along said line,
776.13 feet to the POINT OF BEGINNING.
Tract 3
A tract of land in the NE '/4 of Section 16, Township 6 North, Range 69 West of the 61h
Principal Meridian, Latimer County, Colorado, described as follows:
Considering the northerly line of the NE '/4 of Section 16 as bearing N 89' 32' 04"E
from solar observation. Said line being monumented by a 3/a" rebar at the North '/4 corner
and a 3/4" rebar with 2 '/2" aluminum cap in a monument box at the northeast comer.
From the Northeast corner of Section 16; thence S 89' 32' 04" W, along the northerly
line of the NE 1/4 , 1465.55 feet to the POINT OF BEGINNING; thence S 00' 02' 07" W,
1832.16 feet; thence N 71° 34' 50" W. 484.49 feet; thence N 00' 02' 07"E, 409.09 feet;
thence N 52' 16' 40" W. 926.30 feet to the point on the north-south centerline of Section
16; thence N 00' 02' 07" E, along said line 693.55 feet to the N 1/4 corner of said Section:
thence N 89° 32' 04", along the northerly line of the NE 1/4, 1192.84 feet to the POINT
OF BEGINNING.
Tract 4
A tract of land in the E 1/2 of Section 16,Township 6 North, Range 69 West of the 61h
Principal Meridian, Larimer County, Colorado, described as follows:
Considering the northerly line of the NE 1/4 of Section 16 as bearing N 89' 32' 04" E,
from solar observation. Said line being monumented by a 3/4" rebar at the North 1/4
comer and a 3/4" rebar with 21/2" aluminum cap in a monument box at the northeast
comer.
From the N 1/4 comer of Section 16; thence S 00° 02' 07" W, along the westerly line of
the NE 1/4, 693.55 feet to the POINT OF BEGINNING; thence S 52° 16' 40"E, 926.30
feet; thence S 00' 02' 07"W,409.09 feet; thence N 71' 34' 50" W, 134.66 feet; thence N
890 57' 53" W 306.30 feet, thence S 00' 02' 07" W, 3515.51 feet; thence N 890 10' 15"
W, parallel with the southerly line of Section 16, 299.78 feet to a point on the westerly
line of the SE 1/4 of Section 16; thence N 000 03' 12"E, along said line, 2529.50 feet to
the center 1/4 comer of said section; thence N 00' 02' 07" E, along the westerly line of the
NE 1/4, 1914.76 feet to the POINT OF BEGINNING.
Tract 5
A tract of land in the E 1/z of Section 16, Township 6 North, Range 69 West of the 6`h
Principal Meridian, Larimer County, Colorado, described as follows:
Considering the northerly line of the NE 1/4 of Section 16 as bearing N 89' 32' 04" E
from solar observation. Said line being monumented by a 3/4" rebar at the North 1/4 comer
and a 3/4" rebar with 2 1/2" aluminum cap in a monument box at the northeast corner.
From the S 1/4 corner of Section 16; thence N 00° 03' 12"E, along the westerly line of the
SE 1/4, 60.01 feet; thence S 89' 10' 15"E, parallel to the southerly line of said section
299.78 feet to the POINT OF BEGINNING; thence N 00' 02' 07"E, 3515.51 feet;
thence S 89' 57' 53"E, 306.30 feet; thence S 7 V 34' 50"E, 134.66 feet; thence S 00'
02' 07"W, 3479.06 feet; thence N 89' 10' 15" W, parallel with the southerly line of
Section 16, 434.12 feet to the POINT OF BEGINNING.
Tract 6
. A tract of land in the E'/z of Section 16, Township 6 North, Range 69 West of the 61h
Principal Meridian, Larimer County, Colorado, described as follows:
Considering the northerly line of the NE '/4 of Section 16 as bearing N 89' 32' 04" E
from solar observation. Said line being monumented by a 3/4" rebar at the North '/4 corner
and a 3/4" rebar with 2 1/2" aluminum cap in a monument box at the northeast corner.
From the S 1/4 corner of Section 16; thence N 00' 03' 12" E, along the westerly line of
the SE'/4, 60.01 feet; thence S 89' 10' 15" E, parallel to the southerly line of said section,
733.90 feet to the POINT OF BEGINNING; thence N 00' 02' 07"E, 3479.06 feet;
thence S 71' 34' 50"E, 471.48 feet; thence S 00' 02' 07" W, 3336.56 feet; thence N. 89'
10' 15" W, parallel with the southerly line of Section 16, 447.46 feet to the POINT OF
BEGINNING.
Tract 7
A tract of land in the E 1/2 of Section 16, Township 6 North, Range 69 West of the 6`h
Principal Meridian, Larimer County, Colorado, described as follows:
Considering the northerly line of the NE '/4 of Section 16 as bearing N 89' 32' 04" E
from solar observation. Said line being monumented by a 3/4" rebar at the North '/4 corner
and a 3/4" rebar with 2 1/2" aluminum cap in a monument box at the northeast comer.
. From the S 1/4 corner of Section 16; thence N 00' 03' 12" E, along the westerly line of the
SE '/4, 60.01 feet; thence S 89' 10' 15" E, parallel to the southerly line of said section,
1181.36 feet to the POINT OF BEGINNING; thence N 00' 02' 07" E, 3336.56 feet;
thence S 71° 34' 50" E, 492.53 feet; thence S 00° 02' 07" W, 3187.70 feet; thence N 89'
10' 15" W, parallel with the southerly line of Section 16, 467.44 feet to the POINT OF
BEGINNING.
Tract 8
A tract of land in the E '/2 of Section 16, Township 6 North, Range 69 West of the 61h
Principal Meridian, Larimer County, Colorado, described as follows:
Considering the northerly line of the NE '/4 of section 16 as bearing N 89' 32' 04"E from
solar observation. Said line being monumented by a 3/4" rebar at the North '/4 corner and a
3/4" rebar with 2 '/2" aluminum cap in a monument box at the northeast corner.
From the S 'A comer of Section 16, thence N 00' 03' 12" E, along the westerly line of the
SE '/4, 60.01 feet; thence S 89' 10' 15" E, parallel to the southerly line of said section,
1648.80 feet to the POINT OF BEGINNING; thence N 00' 02' 07"E, 3187.70 feet;
thence S 71' 34' 50"E, 516.67 feet; thence S 00' 02' 07" W, 3031.54 feet; thence N 89'
10' 15" W, parallel with the southerly line of Section 16, 490.35 feet to the POINT OF
• BEGINNING.
Tract 9
A tract of land in the E '/2 of Section 16,Township 6 North, Range 69 West of the 6a'
Principal Meridian, Larimer County, Colorado, described as follows:
Considering the northerly line of the NE'/4 of Section 16 as bearing N 89' 32' 04"E
from solar observation. Said line being monumented by a 3/4"rebar at the North '/4 corner
and 3/4" rebar with 2 '/2" aluminum cap in a monument box at the northeast corner.
From the S '/4 comer of Section 16; thence N 00' 03' 12"E, along the westerly line of the
SE '/4, 60.01 feet; thence S 89' 10' 15"E, parallel to the southerly line of said section,
2139.15 feet to the POINT OF BEGINNING; thence N 00' 02' 07" E, 3031.54 feet;
thence S 71° 34' 50' E, 546.38 feet to a point on the easterly line of the NE '/4 of Section
16; thence S 00' 05' 42" W, along said line, 297.37 feet to the E '/4 comer of said section;
thence S 00' 05' 40" W, along the easterly line of the SE '/4 of said Section 2569.00 feet;
thence N 890 10' 15" W, parallel with the southerly line of Section 16, 515.58 feet to the
POINT OF BEGINNING.
Exhibit C
Legal Description for Tract C
A Tract located in the E2 Section 17, T-6-N, R-69-W, 6`h PM, commencing at the north
quarter corner, thence North 89' 39' 56"East 97 feet along north line of E2 to True Point
of Beginning:
Thence South 11'59' 01" West 123.02 feet;
Thence South 14' 50' 28"West 239.20 feet;
Thence South 00' 37' 35"West 665.16 feet;
Thence South 13'52' 45" East 278.33 feet;
Thence South 16' 44' 25" East 354.16 feet;
Thence South 26' 03' 42"East 385.64 feet;
Thence South 24' 21' 19"East 890.51 feet;
Thence South 07' 10' 22" East 483.82 feet;
Thence South 23' 57' 03" East 287.71 feet;
Thence South 90' East 444.37 feet to the East line of W2E2 of said section;
Thence North 00' 30' 09" West 3533.84 feet to North line of said E2 of said section;
Thence South 89' 39' 56" West 1201.96 feet to True Point of Beginning.
Containing 84.306 acres more or less.
ORDINANCE NO. 124, 2000
• OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
1/4 CENT NATURAL AREAS CAPITAL PROJECTS FUND
FOR REIMBURSEMENT TOWARD THE PURCHASE PRICE
OF THE COYOTE RIDGE NATURAL AREA
WHEREAS, the City of Fort Collins has collaborated with the City of Loveland and
Larimer County on several land conservation projects to implement the jointly adopted Plan for
the Region Between Fort Collins and Loveland; and
WHEREAS, one of the most significant projects has been the protection of the 841-acre
area of land now known as the Coyote Ridge Natural Area, which was acquired in three separate
parcels by the City of Fort Collins and Larimer County; and
WHEREAS, Tract A was acquired by the City of Fort Collins in 1994 for the amount of
$924,000, which represented the fair market value of Tract A; and
WHEREAS, Tract B was acquired by the City of Fort Collins in 1995 for the amount of
$661,500, which represented the fair market value of Tract B; and
WHEREAS, Tract C is an 84-acre parcel that was acquired by Larimer County in 1997
. for the total amount of $278,500, which represented the fair market value of Tract C, with
assistance of the City in the amount of$185,675.95, in exchange for the conveyance to the City
of a 66.67% interest therein; and
WHEREAS, the aforementioned Tracts A and B were acquired by the City using funding
from the dedicated 0.25 cent Sales and Use Tax for financing the acquisition and development of
open space, trails and natural areas; and
WHEREAS, the City Council is concurrently considering Ordinance No. 123, 2000,
which when adopted on second reading on September 19, 2000, will authorize the City to enter
into an intergovernmental agreement with Latimer County regarding the management of the
Coyote Ridge Natural Area and authorizing the City to quit claim an undivided 28.09% interest
in Tract A and Tract B to the County in exchange for $430,750, and an additional 5.24% interest
in Tract C to be conveyed to the City; and
WHEREAS, the receipt of funds from the County will be appropriated in the 1/4 Cent
Natural Areas capital project where said appropriations will be available for the acquisition and
development of open space, trails, and natural areas as identified in the Natural Areas Policy
Plan and City Plan; and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the
City Council to make supplemental appropriations by ordinance at any time during the fiscal
year, provided that the total amount of such supplemental appropriations, in combination with all
previous appropriations for that fiscal year, does not exceed the then current estimate of actual
and anticipated revenues to be received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in
the Capital Projects Natural Areas capital project, the sum of FOUR HUNDRED THIRTY
THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($430,750), upon receipt from
Latimer County to be used for the acquisition and development of open space, trails, and natural
areas.
Introduced and considered favorably on first reading and ordered published this 5th day
of September, A.D. 2000, and to be presented for final passage on the 19th day of September,
A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of September, A.D. 2000.
Mayor
ATTEST:
City Clerk