HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/18/2000 - FIRST READING OF ORDINANCE NO. 42, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: April 18, 2000
FORT COLLINS CITY COUNCIL STAFF:
Tom Shoemaker
SUBJECT:
First Reading of Ordinance No. 42, 2000, Authorizing the Conveyance of a Conservation
Easement on the "Sauer" Open Land Property to Latimer County.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
On March 21, 2000 Council adopted Resolution 2000-50 which authorized an intergovernmental
agreement with Latimer County and the City of Loveland regarding the purchase and
management of 785 acres of land (the "Sauer" property) in the Fort Collins—Loveland Corridor.
The intergovernmental agreement states that Loveland and Fort Collins will jointly own the
property and that a conservation easement will be conveyed to Latimer County. The conveyance
of a conservation easement to a third party (in this case Larimer County) is a requirement of the
grant from GO Colorado which will be used, in part, to fund the acquisition. This Ordinance
authorizes the easement to be conveyed to Latimer County when the property is acquired from
the seller, currently scheduled for May 15, 2000.
ORDINANCE NO. 42, 2000
. OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT
ON THE "SAUER" OPEN LAND PROPERTY TO LARIMER COUNTY
WHEREAS, the City of Fort Collins and the City of Loveland will become the co-owners
of approximately 785 acres of land located south of Fort Collins and west of Taft Hill Road, more
incorporated
particularly described on Exhibit"A", attached hereto and herein by this reference(the
"Property"); and
WHEREAS, on March 21, 2000, the Council approved Resolution 2000-50,
authorizing an Intergovernmental Agreement with the City of Loveland and Larimer County (the
"IGA"),whereby the City will pay$308,354 for an undivided 25 percent interest in the Property;the
City of Loveland will pay the amount of$1,892,770 and the County will pay $437,880 toward the
purchase of the Property;and the City of Loveland will agree to manage the Property,primarily for
agricultural, open space and natural area purposes; and
WHEREAS, the IGA further provides for the use of$500,000 in Open Space Grant funds
to be received from the Board of the Great Outdoors Colorado Trust Fund("GOCO Funds")for the
acquisition of the Property, in exchange for the imposition of a deed restriction or conservation
easement to protect the Property from uses contrary to the purposes of the GOCO Funds; and
• WHEREAS,the parties have entered into the IGA, and have negotiated among themselves
and with the Board of the Great Outdoors Colorado Trust Fund a conservation easement on the
Property for the benefit of Larimer County, as easement holder, a copy of which, dated April 14,
2000, is on file in the Office of the City Clerk and available for review (the "Conservation
Easement"); and
WHEREAS, the Plan for the Region Between Fort Collins and Loveland as adopted by the
Council in Resolution 95-82,identifies the Property as a significant open space area to be protected;
and
WHEREAS,City Plan,as adopted by the Council in Resolution 97-25,identifies the property
as a significant Open Land on the City Structure Plan; and
WHEREAS, the terms of the Conservation Easement are consistent with the objectives of
the City's Natural Areas Policy Plan, the Plan for the Region Between Fort Collins and Loveland,
and City Plan; 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 grant of the Conservation Easement on the Property to Larimer County is
in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to convey to Latimer County,by execution
of a Deed of Conservation Easement in substantially the form for the same dated April 14,2000,and
on file in the Office of the City Clerk,subject to such modifications in form or substance as the City
Manager,in consultation with the City Attorney,may deem necessary to effectuate the purposes of
this Ordinance or to protect the interests of the City.
Introduced, 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