HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2004 - RESOLUTION 2004-147 AUTHORIZING INTERGOVERNMENTAL ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: December 21, 2004
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
Kathy Valdez
SUBJECT
Resolution 2004-147 Authorizing Intergovernmental Agreements with Latimer County Regarding
the Bee and Weber Conservation Easements.
RECOMMENDATION
Staff and the Natural Resources Advisory Board recommend approval of the Resolution.
FINANCIAL IMPACT
The Resolution authorizes the City to enter into two intergovernmental agreements with Larimer
County pursuant to which the City will receive a 50% interest in both the Bee and Weber
Conservation Easements(CEs),which were previously acquired by the County. Latimer County will
be responsible for the monitoring and enforcement of the easements and the costs associated. The
CEs were appraised as follows; Bee 139.38 acres at$365,302, and Weber 69.57 acres at$198,138.
The City's 50% share is Bee$182,651,and Weber$99,069,for a total cost of$281,720 for the CE's
on 208.95 acres.
EXECUTIVE SUMMARY
Larimer County took the lead on these conservation projects and acquired the Bee and Weber
Conservation Easements (CEs). Both properties are located south of the Wellington Growth
Management Area and along the east side of I-25. The CEs Open Lands Master Plan for conserving
agricultural lands and they fit the City's Land Conservation Plan by conserving open space in the Fort
Collins - Wellington Community Separator. Due to the mutual benefit, staff is recommending that
the City partner with Larimer County 50150 on these two land conservation projects by reimbursing
Larimer County for a 50% interest in the CEs.
December 21, 2004 -2- Item No. 18
BACKGROUND
Once the conservation easements were acquired by Larimer County, Colorado State University
acquired the land from the Bees and the Webers. CSU will use the land as a part of its Agricultural
Research Program (ARDEC). This conservation project benefits the City, County and CSU by
protecting open space in the Fort Collins-Wellington Community Separator,conserving agricultural
lands, and provides additional land for agricultural research at an affordable cost. The following is
a breakdown of the project costs:
Bee Weber Total
Acreage 139.38 69.57 208.95
Appraised Fee Value $836,252 $423,858 $1,260,110
CE Appraised Value $365,302 $198,138 $ 563,440
Fort Collins 50% Cost $182,651 $ 99,069 $ 281,720
Larimer County 50% Cost $182,651 $ 99,069 $ 281,720
Addn'l County Costs $ 63,398
Total Conservation Easement $ 626,838
Cost
Colorado State Unversity's $ 633,272
Approximate Land Cost
ATTACHMENTS
1. Bee-Weber Conservation Easement Area Map
ATTACHMENT
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RESOLUTION 2004-147
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING INTERGOVERNMENTAL AGREEMENTS
WITH LARIMER COUNTY REGARDING
THE BEE AND WEBER CONSERVATION EASEMENTS
WHEREAS,Latimer County has previously negotiated and acquired conservation easements
on two properties in the Fort Collins - Wellington Community Separator area, consistent with the
City's Land Conservation and Stewardship Master Plan, which was approved by the City Council
by its adoption of Resolution 2004-092 in July 2004; and
WHEREAS, the two conservation easements, which were acquired from the prior owners,
Bee and Weber, and which encumber property described in Exhibit A and Exhibit B, respectively,
attached hereto and incorporated herein by this reference (the Bee Conservation Easement and the
Weber Conservation Easement, respectively), are of value to the City in light of the City's interest
in the Fort Collins - Wellington Community Separator; and
WHEREAS, City and County staff have worked to negotiate an arrangement by which the
County would assign to the City a 50% undivided interest in the Bee Conservation Easement and
the Weber Conservation Easement,in exchange for reimbursement of 50%of the County's costs of
acquiring those easements, which would constitute a payment to the County of$281,720; and
WHEREAS, staff has proposed that the assignment be set out in recordable assignment
agreements (the "IGAs"), which will provide that Latimer County be primarily responsible for
monitoring and enforcing the Bee and Weber Conservation Easements, while the City will have a
secondary role and the ability to raise issues and take enforcement action as appropriate; 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 that the Mayor is hereby authorized to execute the IGAs upon the terms and conditions
outlined above,together with such other terms and conditions or minor 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.
Passed and adopted at a regular meeting of the City Council held this 21 st day of December,
A.D. 2004.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
PAGE 1 OF 2
LEGAL DESCRIPTION
Lot 1,
Bee M.L.D. ,
COUNTY OF LARIMER,
STATE OF COLORADO
EXHIBIT "A"
BEE M.L.D. PAGE 2OF2
lacaled in. fhe Southwest Y of Sectfen 10, Township 8 North, Ronga 68
Wsaf el Iha 6th P.N., Ludmer County, CO
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EXHIBIT "B"
PAGE 1 OF 2
LEGAL DESCRIPTION
Lot 1, Weber M.L.D. ,
COUNTY OF LARIMER,
STATE OF COLORADO
---�--'-- EXHIBIT "B"
WEBER M.L.D. PAGE zoFz
- located in the Southeast Y of Secllon 10, Township a North, Range 68
West of the 6th P.M., Lorimer County, CO
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