HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - RESOLUTION 2004-023 AUTHORIZING AN INTERGOVERNMENT ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: February 17, 2004
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
SUBJECT
Resolution 2004-023 Authorizing an Intergovernmental Agreement with Larimer County
Concerning the Culver Property.
RECOMMENDATION
Staff and the Natural Resources Advisory Board recommend adoption of the Resolution.
EXECUTIVE SUMMARY
Larimer County has already purchased the 284-acre Culver property and has also received a
GOCO grant for this purchase. GOCO requires that the County place a Conservation Easement
on the property. The County is asking the City to contribute $200,000 towards the purchase and
hold the Conservation Easement. The property will be an addition to Horsetooth Mountain Park,
which is predominantly used by Fort Collins residents. It will allow for the expansion of the
existing trail system and conserve outstanding wildlife habitat and scenic lands. Located along
County Road 38E south of Horsetooth Mountain Park, the land lies on top of the beautiful red
sandstone cliffs.
Total cost of the 284 acres was $1,500,000. The County share is $975,000, the GOCO Grant is
$325,000, and the City share will be $200,000.
The Natural Resources Advisory Board considered this item at its February 4, 2004, meeting,
and recommended approval of the Resolution.
RESOLUTION 2004-023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY CONCERNING THE CULVER PROPERTY
WHEREAS,Larimer County has purchased 284 acres of property located in Larimer County
along County Road 38E south of Horsetooth Mountain Park, as more particularly described on
Exhibit"A",attached hereto and incorporated herein by this reference(the"Property"),at a purchase
price of$1,500,000; and
WHEREAS,the Property lies on top of beautiful red sandstone cliffs, and the acquisition of
the Property will allow for the expansion of the existing trail system and result in the conservation
of valuable wildlife habitat and scenic lands; and
WHEREAS,and City staff has determined that the preservation of the Property is consistent
with the Natural Areas Policy adopted by the City Council in 2003; and
WHEREAS, the Board of the Great Outdoors Colorado Trust Fund ("GOCO") has agreed
to provide to the County a grant in the amount of $325,000 toward the purchase of the Property,
contingent upon the creation of a conservation easement on the Property to protect GOCO's interest
in it; and
WHEREAS,the County has requested that the City pay toward its purchase price the amount
of $200,000, in exchange for which the County has agreed that the City will be the holder of the
conservation easement required for the GOCO grant; and
WHEREAS, the City, the County and GOCO have negotiated a conservation easement for
the Property, a draft of which, dated February 13, 2004, is on file in the office of the City Clerk and
available for public inspection (the "Conservation Easement"); and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, such as a grant agreement, as provided in Article 11, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into the Conservation Easement, upon the
terms and conditions described above and 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, not otherwise inconsistent with this Resolution.
Passed and adopted at a regular meeting of the City Council held this 17th day of February,
A.D. 2004.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
P-03-5349 March 10, 2003
PROPERTY DESCRIPTION OF LOT 3, CULVER MINOR LAND DIVISION:
That portion of the Northwest Quarter of Section 1, and of the Northeast Quarter of
Section 2, both in Township 6 North, and the Southeast Quarter of the Southwest Quarter
and the South Half of the Southeast Quarter of Section 35, Township 7 North; all in
Range 70 West of the 6d' P.M., County of Larimer, State of Colorado being more
particularly described as follows:
Considering the East line of the South Half of the Southeast Quarter of said Section 35 as
bearing South 00°08'01" East and with all bearings contained herein relative thereto;
BEGINNING at the Northeast corner of the Northwest Quarter of said Section 2; thence
along the East line of the Northeast Quarter of said Section 2 South 00°20'28" West
199.62 feet; thence departing said East line North 89°13'13" East 1543.31 feet; thence
South 00046'47" East 146.80 feet; thence South 89°14'01" West 429.28 feet; thence
South 26°38'15" West 184.87 feet; thence South 70°12'11" West 86.35 feet; thence
South 36°59'08" West 38.89 feet; thence South 25°36'09" West 71.39 feet; thence South
43°18'05" West 60.47 feet; thence South 24°31'24" West 136.33 feet; thence South
89°13 13 West 803.14 feet, more or less, to a point on the East line of the Northeast
Quarter of said Section 2; thence along said East line South 00°20'28" West 1740.27
feet, more or less, to the Southeast corner of said Northeast Quarter; thence along the
South line of said Northeast Quarter North 89°39'04" West 2582.24 feet, more or less, to
the Southwest comer of said Northeast Quarter; thence along the West line of said
Northeast Quarter North 01°06'00" West 2474.23 feet, more or less, to the Northwest
corner of said Northeast Quarter; thence along the South line of the Southeast Quarter of
the Southwest Quarter of said Section 35 South 88°54'00" West 1293.90 feet, more or
less, to the Southwest corner of said Southeast Quarter; thence along the West line of said
Southeast Quarter North 01°06'00" West 1345.14 feet, more or less, to the Northwest
comer of said Southeast Quarter; thence along the North line of said Southeast Quarter
North 89°51'59" East 1320.00 feet, more or less, to the Northwest corner of the South
Half of the Southeast Quarter of said Section 35; thence along the North line of said
South Half North 89°51'59" East 2641.33 feet, more or less, to the Northeast corner of
said South Half; thence along the East line of said South Half South 00°08'01" East
1278.52 feet, more or less, to the Northeast Comer of the Northeast Quarter of said
Section 2, said point also being the POINT OF BEGINNING.
The above-described parcel contains 284.51 acres, more or less, and is subject to all
existing easements and/or rights of way of record.
C.\Documants and Settings%matson\Local Settings\Tcmp\Legal Lot 3.doc
• Sears: Their share of the County tax is fairly small; less than a million.
• Skutchan: They used their own money for Hidden Valley.
• Sears: Yes, I believe they used their County sales tax for that.
• Skutchan: If we lock into this now, does that prohibit involvement in the future? If Loveland had an
open space sales tax in the future, would they consider sharing?
• Sears: There is nothing to preclude that.
Ryan Staychock made the following motion: 09W
That we recommend adoption of the amended IGA with concern to the
Indian Creek property and the deed of conservation easement.
• Skutchan: I will be supporting this. I like the idea of trails. I have some concerns over the perception
of us funding what could be seen as a larger benefit to the Loveland area. I understand the
complications; but I still worry about the perception of it. It is a good purchase. I hope that in the
future Loveland could be more active in open space acquisitions then we would give more thought to
being involved in these types of projects.
• Donavan: We could always come in later. The County and City are always changing ownership
interests.
• Colton: I share your concern. A possible positive is that, Loveland feels we have been taking their
sales tax for years, and this is something that we can say: "We help benefit you as well."
• Stokes: They were part of the Poudre-Big Thompson Legacy Grant. We have partnered on a lot of
stuff.
• Skutchan: When they do have more resources, there should be pressure. They are well on their way to
getting a great deal of sales tax.
• Donovan: The motion should say: "the amended and restated IGA."
• Staychock: OK.
The motion passed unanimously.
Culver Natural Area
Mark Sears informed the board on the Culver property purchase and conservation easement and asked
the board for a recommendation to Council.
• Staychock: They need the easement by the end of March?
• Sears: Yes. It needs to be accepted prior to the end of March.
• Staychock: They requested $200,000? Is there any way that we could grant the money and not give it to
them until mid-2006?
• Sears: I suppose.
• Staychock: I'm just thinking of when the tax goes in and trying to keep City dollars here for a bit.
• Stokes: Is this on grant agreement? Are they matching GOCO money with our money?
• Sears: They have already paid. Out $200,000 doesn't have any bearing on the GOCO grant itself. The
County is closely managing cash flow, because they are at the bottom. They are really anticipating our
$200,000 to do other contracts. It is a point well taken though.
• Fischer: Since we are holding the conservation easement, are we then participating in management and
monitoring?
• Sears: Our obligation is to do an annual monitoring and submit a report to GOCO.
• Fischer: Do we have a responsibility to develop the management plan?
• Sears: The County is responsible for the development, but we have to approve it.
• Fischer: It is mutual then?
• Donovan: When GOCO gives a grant, don't they have approval as well?
• Fischer: Do you meet with K-Lynn and staff when they develop the plan?
• Sears: Yes, in fact we met with them last week to talk about Indian Creek and their process for
developing the management plan.
• Fischer: We will get to see that before it is finalized?
• Sears: Yes.
• Fischer: In the past, they made the statement that our comments didn't matter because it was already
finalized. I don't want to see that happen again. We want to have meaningful input.
• Sears: What was that on?
• Fischer: One of the stages of Fossil Creek. You can help to make sure we get to see those before, so we
have meaningful input. My concern is public access on the Culver property. It has some outstanding
wildlife values that could be impacted by the wrong type of access. The value of the conservation
easement is well in excess of$200,000.
• Sears: In Horsetooth Mountain Park, the user-ship is approximately 90% Ft Collins residents. This one
is more of a benefit to Fort Collins residents.
• Donovan: I have the same concerns about public access on Culver. If there is public access, it would be
via Horsetooth Mountain Park. If it were via the southern-side of the property, there is adjacent
landowner's property that would be impacted. I also had some comments on #8, page 5: "Grantees
Approval". The City wouldn't want the burden of the approval being deemed approved if they didn't
respond within 60 days. On the Land Management Plan, that is on page 3, #4: this is the wording I was
looking for in the Running Deer Natural Area: "shall be updated at least every 5 years".
Randy Fischer made the following recommendation:
That we recommend to Council to participate in the purchase and hold
the conservation easement on the Culver property.
The motion passed unanimously.
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