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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2005 - SECOND READING OF ORDINANCE NO. 044, 2005, AUTHORI ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: May 3, 2005 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Kathy Valdez SUBJECT Second Reading of Ordinance No.044,2005,Authorizing the Conveyance of City-Owned Property, Located in the Coventry Subdivision Filing No. 1, Fort Collins, Colorado, to Coventry Home Owners' Association, in Exchange for a Conservation Easement Preserving the Property. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. The Natural Resources Advisory Board reviewed the Coventry Home Owners' Association (the "HOA") request at its meeting of March 16, 2005, and the Board voted 7 to 1 recommending that Council adopt the Ordinance. EXECUTIVE SUMMARY This Ordinance,which was unanimously adopted on First Reading on April 19,2005,authorizes the conveyance of a 2.197 acre tract, referred to as Hidden Cattails Natural Area, to Coventry Home Owners' Association("HOA"). As part of the proposed transaction,the HOA would convey to the City a conservation easement agreement that would give the City the right to preserve and protect the conservation values of the property in perpetuity. The conservation values include viewshed, natural area, and wetland and stream habitat values. ORDINANCE NO. 044, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CITY-OWNED PROPERTY, LOCATED IN THE COVENTRY SUBDIVISION FILING NO. 1, FORT COLLINS, COLORADO, TO COVENTRY HOME OWNERS' ASSOCIATION IN EXCHANGE FOR A CONSERVATION EASEMENT PRESERVING THE PROPERTY WHEREAS, the City is the owner in fee simple of certain real property 2.197 acres in size and located in Fort Collins, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the"Property"); and WHEREAS, the Property is known as Hidden Cattails Natural Area and was dedicated to the City as part of the 3.350 acre Coventry Subdivision Filing No. 1, Tract D; and WHEREAS, the Coventry Home Owners' Association ("HOA") has requested that the City deed the Property to the HOA for HOA operation and maintenance, and has agreed to convey to the City a Conservation Easement to preserve the open space and natural values of the Property in perpetuity; and WHEREAS, the remaining 1.153 acres of Tract D will remain in City ownership and will be maintained by the Parks and Recreation Department as a part of the Ridge View neighborhood park; and WHEREAS, the City intends that the Conservation Values of the Property be preserved and maintained in perpetuity by continuing the land use patterns consistent with open space; and WHEREAS, consistent with and pursuant to the Conservation Easement, the HOA would agree to prevent any activity on or use of the Property that is significantly inconsistent with the purposes of the Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by inconsistent activity or use; and WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is authorized to convey any and all interests in real property owned in the name of the City, provided that Council first finds that the conveyance 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 Council hereby finds that the conveyance of the Property subject to a Conservation Easement to protect its open space and natural areas values, as set forth herein, is in the best interests for the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute a deed of conveyance of property to Coventry Home Owner's Association and to execute a Conservation Easement on the Property for the benefit of the City, consistent with the terms of this Ordinance, together with such additional terms and conditions as the Mayor, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2005, and to be presented for final passage on the 3rd day of May, A.D. 2005. ay ATTEST: L& City Clerk Passed and adopted on final reading this 3rd day of May, A.D. 2005. Mayor ATTEST: City Clerk ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: April 19, 2005 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Kathy Valdez SUBJECT U y First Reading of Ordinance No. 044, 2005, Authorizing the Conveyance of City-Owned Property, Located in the Coventry Subdivision Filing No. 1, Fort Collins, Colorado, to Coventry Home Owners' Association, in Exchange for a Conservation Easement Preserving the Property. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Natural Resources Advisory Board reviewed the Coventry Home Owners' Association (the "HOA") request at its meeting of March 16, 2005, and the Board voted 7 to 1 recommending that Council adopt the Ordinance. EXECUTIVE SUMMARY if I This Ordinance authorizes the co veyance a 2497 acre act, referred to as Hidden Cattails Natural Area, to Coventry Home Owners' Association ("HOA"). As part of the proposed transaction,the HOA would convey to the City a conservation easement agreement that would give the City the right to preserve and protect the conservation values of the property in perpetuity. The conservation values include viewshed, natural area, and wetland and stream habitat values. BACKGROUND Typically small tracts of land, such as this 2.197 acre tract, that are preserved as natural area/open space as a part of the development process are owned and maintained by the home owners' association. In the Coventry Subdivision, Tract D was deeded over to the City's Natural Areas Program instead. It is difficult for the Natural Areas Program to maintain such a small isolated property. The HOA has been v n aril - e aint ance of this property, which is a direct benefit to the HOA, fo he last f .e yeaPa: y go,the HOA approached the City with the proposal to take over e ow�p hip dan of the natural area portion of this Tract. Staff is very supportive o is prop To ensure the property will be maintained and enhanced as a natural area, the HOA will convey to the City a conservation easement as a part of the proposed transaction. The conservation easement will allow the City: A. To preserve and protect the conservation values of the property; and April 19, 2005 .2. Item No. 22 B. To enter upon the property at reasonable times in order to monitor the HOA's compliance with and otherwise enforce the terms of the Deed; provided that such entry shall, except in the event of an emergency, be upon prior reasonable notice to the HOA, andCaiv rlpt o re th the HOA's use and quiet enjoyment oftpro: and C. To prevent any4y on r� e e prop that is significantly inconsistent with the purposes of the conservation easement and to require the restoration of such areas or features of the property that may be damaged by inconsistent activity or use. The HOA will be responsible for the maintenance of this 2.197 acres currently known as Hidden Cattails Natural Area. C �..._