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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/18/2000 - FIRST READING OF ORDINANCE NO. 41, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 18 FORT COLLINS CITY COUNCIL DATE: April 18, 2000 STAFF: Steve Comstock SUBJECT: First Reading of Ordinance No. 41, 2000, Authorizing the City of Fort Collins to Enter into an Option Agreement to Sell Forty Acres of the Meadow Springs Ranch Property to the United States Fish and Wildlife Service for its Black Footed Ferret Breeding Facility. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The City's Wastewater Fund will receive payment in the amount of $1 for the option and $32,000 for the property should the option be exercised. EXECUTIVE SUMMARY: In the spring of 1998, the City was approached by the United States Fish and Wildlife Service i about possibly relocating the Black Footed Ferret Breeding facility from Wyoming to Colorado and siting it on the City's Meadow Springs Ranch. In July of 1998, Council adopted Resolution 98-112 supporting this move and authorizing staff to proceed with negotiations for not more than thirty-five acres. After further site review, the Department of Interior has now asked for an option to purchase forty acres. The Fish and Wildlife Service has chosen a forty-acre site on the east side of I-25 one mile north of the Buckeye exit (see attached map). The Service has offered to pay the City $1 for a four- month option to purchase the site as set forth in the attached "Agreement for the Purchase of Lands" between the City and the Service. In the event that the option is exercised, the City will receive the appraised value of$32,000 for the forty-acre tract including easements for utilities, phone and an access road. ORDINANCE NO. 41, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY OF FORT COLLINS TO ENTER INTO AN OPTION AGREEMENT TO SELL FORTY ACRES OF THE MEADOW SPRINGS RANCH PROPERTY TO THE UNITED STATES FISH AND WILDLIFE SERVICE FOR ITS BLACK FOOTED FERRET BREEDING FACILITY WHEREAS, in the spring of 1998, the City was approached by the United States Fish and Wildlife Service(the"Service")about the possibility of relocating the Service's Black Footed Ferret Breeding Facility (the "Facility"), which is currently located in Wyoming; and WHEREAS, the Service proposes to relocate the Facility to a site on the City's Meadow Springs Ranch property; and WHEREAS, in July of 1998, the Council passed Resolution 98-112 supporting this move and authorizing staff to proceed with negotiations between the City and the Service for the Service's purchase of the needed property; and WHEREAS,the Service has chosen a forty-acre site on the Meadow Springs Ranch on the east side of Interstate 25 one mile north of the Buckeye exit; and WHEREAS,the Service has submitted to the City an"Agreement for the Purchase of Lands", a copy of which is on file with the City Clerk(the "Agreement"); and WHEREAS, pursuant to the terms of the Agreement the City has offered to pay the City $1.00 for a four-month option to purchase the forty-acre parcel together with certain easements for utilities, telephone and an access road, as the parcel and these easements are described in the Agreement(the "Property"); and WHEREAS, the Service has agreed that in the event that it exercises the option,that it will pay the City $32,000, the appraised value of the Property; and WHEREAS,under Section 23-111(a)of the City Code,the Council is authorized to sell real property owned in the name of the City,provided it finds the sale is in the best interests of the City; and WHEREAS, under Section 23-111(b)the Council is authorized to sell real property which is part of any of the City's utility systems, provided the Council finds that any disposition of such real property will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens of the City; and WHEREAS, the City currently owns the Property for the benefit of its wastewater utility system. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the sale of the Property pursuant to the terms of the Agreement is in the best interests of the City. Section 2. That the sale of the Property pursuant to the terms of the Agreement will not materially impair the viability of the City's wastewater utility system as a whole and that such conveyance will be for the benefit of the citizens of the City. Section 3. That the Agreement is hereby approved. Section 4. That the Mayor be, and hereby is, authorized to execute the Agreement. Section 5. That the Mayor be, and hereby is,authorized to execute such instruments of conveyance and other documents as are necessary for the City to sell and convey the Property to the Service in the event that the Service exercises its option to purchase the Property under the Agreement. Section 6. That the City Manager be,and hereby is,authorized to execute future addenda to the Agreement to extend the closing date under the Agreement if such addenda are, in the judgment of the City Manager,reasonable and necessary to accomplish the sale of the Property to the Service. Introduced and considered favorably on first reading and ordered published this 18th day of April, A.D. 2000, and to be presented for final passage on the 2nd day of May, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of May, A.D. 2000. Mayor ATTEST: City Clerk Location Map a Co.r M<eda� SpMpa Reneh BLACK FOOTED FERRET BREEDING FACNJTY LOCATION �`- BUCKEYE EXIT City of Fort Collins Properties i Fort Collins wir r WWf► No. 1 •.r. w Rneurc• R.<e..q fay wwtr Me. S Windsor Steve Comstock- Ferrets.w MEMORANDUM DATE: July 2, 1998 TO: Mayor and City Council Members John F. Fischbach, City Manager FROM: Phil Murphy,Natural Resources Advisory Board Chair RE: Support for Black-footed Ferret Conservation Center The Natural Resources Advisory Board(NRAB)recently heard a presentation on a proposal to relocate the National Black-footed Ferret Conservation Center from its current location in Wyoming to a small section of the City's Meadow Springs Ranch,north of Fort Collins. At its July 1 meeting,the Board passed a unanimous motion to support the Utilities' sale of 20-30 acres of the Ranch to the United States Fish and Wildlife to build a new breeding facility for this endangered species. The NRAB recognizes that the breeding facility will not be accessible to the public, but envisions that it will serve a valuable public education function by virtue of its proximity to Fort Collins. A satellite interpretive center could be built at the Environmental Learning Center to explain that black-footed ferrets are a part of the original prairie ecosystem that once covered our region. Because ferrets are a rare and sensitive species, they can help illustrate the fragile condition of the City's remnant prairies and the need for preserving prairie dog colonies and habitat in urban areas. Please let me know if you have any questions about the NRAB's endorsement for the black-footed ferret project,which we feel is a small way for Fort Collins to make a contribution to an excellent program and vital research by the USFW Service to preserve a nearly extinct species. RESOLUTION 98-112 OF THE COUNCIL OF THE CITY OF FOwT COLLINS EXPRESSING THE COUNCIL'S SUPPOF;f FOR"fHE U.S. DEPARTMENT OF FISH AND WILDLIFE SERVICE'S EFFORTS TO RELOCATE THE NATIONAL BLACK-FOOTED FEI�'.RET CONSERVATION CENTER TO A SITE ON THE CITY'S MEADOW SPRINGS RAI ICI l WHEREAS, the U.S. Fish and Wildlife Service("USFWS") has contacted the City of Fort Collins (the "City") and expressed interest in relocating tl National Black-Footed Ferret Conservation Center (the "Center") to a site in northern Colorado; and WHEREAS, representatives from USFWS and the City have discussed the possibility of relocating the Center to a site on City owned property known as the Meadow Springs Ranch (the 'Ranch"); and WHEREAS, there are various sites on the Ranch which have been determined to be very viable locations for the Center; and WHEREAS, the relocation of the Center offers the Fort Collins community a valuable resource in terms of a potential educational facility for citizens and learning institutions; and iWHEREAS,the Council is supportive of the USF WS's effo+is to relocate the Cc titer to a site on the Ranch; and WHEREAS, the Council has determined that the relocation of the Center to the Ranch is in the best interest of the City; and WHEREAS, the Council has further determined that the use of 35 acres or less of the Ranch for the Center would not impact the operations of the City's Wastewater Utility. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF "I HE CITY OF FORT COLLINS as follows: Section 1. That the City Manager is hereby directed to continue negotiations with the USFWS to relocate the Center to a site on the Ranch. Section 2. Upon the completion of successful negotiations, the City Manager is hereby directed to prepare for and present to the City Council for its consideration an ordinance authorizing the Mayor to enter into an agreement conveying 35 acres or less of the Ranch to the USFWS in exchange for payment to the City of the appraised value of the land to be conveyed. Passed and adopted at the regularmeetingofthe City CounciIheldthisTIst day uGlul D 1998. Mayor ATTEST: City Clerk • Form 3-1769C (Revised October 1913) UNITED STATES DEPARTMENT OF THE INTERIOR V.S. FISH IUD WILDLIFE SERVICE AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT, made and entered into this day of 2000, by and between the City of Fort Collins, a Municipal Corporation, hereinafter styled the Vendor, for itself, its successors and assigns, and the UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior or his authorized representative. WITNESSETH: 1. In consideration of ONE DOLLAR ($1.00) in hand paid by the United States, the receipt of which is hereby acknowledged, the Vendor agrees to sell to the United States certain lands upon the terms and conditions hereinafter set forth, and for the price of Thirty Two Thousand Dollars($32,000) lump sum for all of the lands, including a road access and utility easement 100 feet in width to be located from west to east at a specific location to • be .mutually agreed upon by the parties across the West half of Section 1 located in Township 10 North, Range 68 West of the 6th P.M. -in Larimer County, Colorado and a utility easement 20 feet in width to be, located from east to west at a specific location to be mutually agreed upon the by parties across Section 6 located in Township 10 North, Range 67 West of the 6P.M. in Weld County, Colorado, and other interests, which lands shall include all tenements, hereditaments, together with all other rights, easements, and appurtenances thereunto belonging, owned by them, situate and lying in the County of Larimer, State of Colorado, containing 40. 00 acres, more or less, and are particularly described as follows: TOWNSHIP TEN(10) NORTH, RANGE SIXTY EIGHT (68) WEST, 6TH PRINCIPAL MERIDIAN Section one (1) : Northwest Quarter of the Southeast Quarter (NWiSE4) . (2) The vendor agrees that it has full right, power, and authority to convey the real property described above, and that they will convey to the United States the fee simple title thereto clear, free, , and unencumbered, subject, -however,- to all easements- and" rights-of-way n lace• all easements- covenants, reservations, restrictions, right-of-way and agreements"-- of, record; and restrictions, reservations or exceptions in any United States or State of Colorado patent of record; all zoning and other governmental rules and regulations; statutory lien rights resulting from the inclusion of the said property in any special taxing district or improvement district; and all oil, gas or other mineral reservations or exceptions of record. 3. The Vendor further agrees not to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the United States of America by reason of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Vendor(s) ; and that, in the event any such loss or damage occurs, the United States may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Vendor further agrees that during the period covered by this instrument officers and accredited agents of the United States shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. 5. Upon the United State's exercise of this option, the Vendor will execute and deliver upon demand of the proper officials and agents of the United States, and upon payment or the tender of the purchase price, a good and sufficient deed of warranty conveying to the United States a safe title to the said lands of such character as to be satisfactory to the Attorney General of the United States. 6. In consideration whereof the United States of America agrees that it will purchase all of said lands and other interests at the price $32,000 lump sum, the acreage to be ascertained by a survey to be made at the option and expense of the United States after reasonable notice to the Vendor, and according to standard methods and procedures; and it further agrees that, after the preparation, execution, and delivery of the deed at no cost to the Vendor and after the Attorney General shall have approved the title thus vested in the United States, it will cause to be paid to the Vendor the purchase price by a United States Treasury check or electronic transfer payment. The expenses of the Vendor for recording fees, revenue stamps, transfer taxes, and similar expenses incidental to the conveyance of its property; as well as the pro rata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the United States, or the effective date of Possession of such real property by the same, whichever is earlier; shall be subject to reimbursement as provided in Section 303 of the Act of January 2, 1971, 84 Stat. 1899. Full possession and use of the premises shall pass to the United States as of the date payment is made to the Vendor. 7. It is understood and agreed that if the Secretary of the Interior determines that the title to said lands or any part thereof should be acquired by the United States by judicial proceedings, either to procure a safe title or, when it is in the public interest, to take immediate possession, or for any other reason, then the compensation to be claimed by the owners and the award to be made for said lands in said proceedings shall be upon the basis of the purchase price herein provided. 8. It is mutually agreed that an abstract, certificate of title, or other evidence of title to the property herein contracted to be sold, satisfactory to the Attorney General, will be obtained by the United States at its expense. 9. It is mutually understood and agreed that this contract shall not be assigned in whole or in part without the consent in writing of the United States. 10. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company. 11. It shall be the obligation of the Vendor to pay all taxes and assessments outstanding as liens at the date title vests of record in the United States, whether or not such taxes and assessments are then due and payable. 12. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Vendor by certified mail addressed to Steve Comstock, Water Reclamation Manager, City of Fort Collins at 3036 E. Drake, Fort Collins,CO 80525 and such notice shall be binding upon all of the Vendor without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. IN WITNESS WHEREOF, the Vendor has hereunto signed its name and affixed its respective seal on the day and year first above written, with the understanding that this Agreement for the Purchase of Lands cannot be executed by the Secretary of the Interior or his authorized representative until after it is reported to him for his consideration, and therefore, the Vendor for and in consideration of the $1.00 hereinabove acknowledged as received, has and does hereby grant unto the United States of America, by and through the Secretary of the Interior, or his authorized representative, or any other officer or agency of the United States authorized to purchase said lands, the option and right to enter into this Agreement for the Purchase of Lands, within 4 months from the execution thereof by the Vendor, and to purchase said lands as herein provided unless extended by all parties. City of Fort Collins, a Municipal Corporation By: Date• Title: By: Date• Title: The Secretary of the Interior, acting by and through his authorized representative, has executed this instrument on behalf of the United States of America on this _ day of , 2000_ UNITED STATES OF AMERICA By: Chief, Division of Realty U.S. Fish and Wildlife Service By: ACKNOWLEDGMENT STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, by , as of City of Fort Collins, a Municipal Corporation. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public