HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/02/2001 - FIRST READING OF ORDINANCE NO. 152, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 13
FORT COLLINS CITY COUNCIL DATE: October 2, 2001
STAFF: Edith Felchle
SUBJECT:
First Reading of Ordinance No. 152, 2001, Authorizing the Conveyance to Legacy Land Trust of
an Undivided Interest in the Sauer Open Space Conservation Easement, Authorizing a Grant
Agreement with Great Outdoors Colorado, and Authorizing the Amendment of the
Intergovernmental Agreement with Larimer County and Loveland for the Sauer Open Space.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
Failure to adopt the Ordinance may result in loss of approximately $500,000 in grant monies.
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EXECUTIVE SUMMARY:
Sauer Open Space is located between Loveland and Fort Collins west of Taft Hill Road,abutting the
southern portion of Coyote Ridge Natural Area. The property was purchased in 2000 by the City
of Loveland, Larimer County,and the City of Fort Collins. The property is managed by the City of
Loveland.
Great Outdoors Colorado Trust Fund(GOCO)awarded a$500,000 grant to assist in purchase of the
property. GOCO places certain requirements on landowners in order to protect the conservation
values of the property. These restrictions are reflected in Ordinance No. 42, 2000, adopted on
Second Reading on May 2,2000,authorizing the conveyance of a conservation easement to Larimer
County. After that Council action was taken,GOCO determined that the proposed arrangement was
not acceptable, and instead required that an outside party have the power to enforce the easement.
Since the conveyance of an interest in the conservation easement to that party, the Legacy Land
Trust, was not included in Ordinance No. 42, 2000, this Ordinance authorizes that Legacy Land
Trust be provided an interest in the conservation easement.
DATE: October 2,2001 2 ITEM NUMBER: 13
This conveyance is expected to occur in either of two ways. One option is for the City to simply
proceed with the approved conveyance of the conservation easement to Larimer County, followed
by the assignment by Larimer County to the Land Trust of an interest in the conservation easement.
The other option is to draw up a new conservation easement,essentially the same as the first,except
for the addition of Legacy Land Trust as an additional recipient. Negotiations are continuing with
GOCO as to which of these options will be acceptable. The City's interests are equally protected
in either option.
LOCO also has indicated that it has concerns about two stormwater detention ponds that are
identified as a future use on the property in the Intergovernmental Agreement that the City,the City
of Loveland and Larimer County entered into in March 2000. As a result,there may also be changes
to that Intergovernmental Agreement to eliminate the references to the detention ponds, and to
otherwise update the Agreement. It may also be possible to reduce the area of the property subject
to the conservation easement,in order to allow the detention ponds to be on the property but outside
of the conservation easement. In that case the legal description of the conservation easement would
be modified to grant the easement over a smaller area.
This Ordinance also authorizes the execution of the grant agreement with GOCO for the grant funds.
Timing is crucial on this item. At the time of purchase, Larimer County used bond money for its
portion of the purchase. The requirements of using bond money include having all documents
related to the property signed by October 31,2001. Therefore,even though staff does not know the
exact final form this transaction will take(option 1 or 2 above and the exact legal description if the
detention ponds are excluded),it is critical that this item be considered on First Reading on October
2.
At its September 5 meeting,the Natural Resources Advisory Board was made aware that this item
was being brought to Council. A quoru n was not present at the meeting,therefore, no action was
taken. If the Board desires to make a recommendation,it may do so at its October 3 meeting,which
would precede Second Reading of this item.
Failure to adopt this Ordinance could result in loss of the GOCO grant monies.
ORDINANCE NO. 152,2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST
OF AN UNDIVIDED INTEREST IN THE SAUER OPEN SPACE
CONSERVATION EASEMENT,AUTHORIZING A GRANT AGREEMENT
WITH GREAT OUTDOORS COLORADO, AND
AUTHORIZING THE AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY AND LOVELAND FOR THE SAUER OPEN SPACE
WHEREAS,the Board of the Great Outdoors Colorado Trust Fund("GOCO")is apolitical
subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution,
adopted at the November 1992 General Election,which article allocates a portion ofthe net proceeds
of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the State's parks,
wildlife, open space and recreational resources; and
WHEREAS,on May 20, 1998,the City of Fort Collins was awarded a grant from GOCO in
the amount of$500,000(the"Grant"),to assist with the acquisition of approximately 785 acres of
land located south of Fort Collins and west of Taft Hill Road,more particularly described on Exhibit
"A", attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS,pursuant to Resolution 2000-50,approved by the Council on March 21,2000,
the City entered into an Intergovernmental Agreement with the City of Loveland and Larimer
County regarding the Property(the"IGA"),a copy of which IGA is on file in the Office of the City
Clerk and available for public inspection; and
WHEREAS, in addition to determining the relative payment and ownership shares of the
parties, the IGA provides that the City of Loveland will manage the Property, primarily for
agricultural,open space and natural area purposes,and further indicates that Loveland may seek to
locate on the Property in the future stormwater detention ponds compatible with the open space uses
of the Property; and
WHEREAS, the IGA further provides for the use of the Grant 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 Grant; and
WHEREAS,in May,2000,the City of Fort Collins and the City of Loveland became the co-
owners of the Property, pursuant to the IGA; and
WHEREAS, at the time of acquisition of the Property, the parties were in the process of
negotiating among themselves and with GOCO a conservation easement on the Property for the
benefit of Larimer County as easement holder, which was approved by the City Council by its
adoption of Ordinance No. 42, 2000, on May 2, 2000 (the "Conservation Easement"); and
WHEREAS, since the time of adoption of Ordinance No. 42, 2000, the interested parties
have been working to respond to the requirements of GOCO,which has determined that a party other
than or in addition to Larimer County must be entitled to enforce the conservation easement; and
WHEREAS,the parties have been working with Legacy Land Trust(formerly Larimer Land
Trust) to arrange for Legacy Land Trust to have an interest in and the ability to enforce the
Conservation Easement, although it has not yet been determined at the time of this Ordinance
whether the County may simply assign an interest in the Conservation Easement to Legacy Land
Trust, or if GOCO will require that the Land Trust be made a co-grantee of the Conservation
Easement; and
WHEREAS,GOCO has further objected to the potential placement of stormwater detention
ponds on the Property,and as a result,the parties are in the process of either modifying the IGA to
eliminate the reference to potential stormwater detention ponds,or modifying the legal description
of the property to be subject to the Conservation Easement,so that a portion of the Property that may
be used for such detention ponds is excluded from the Conservation Easement; and
WHEREAS, depending upon the choices among the various alternatives described above,
in order to make the IGA consistent with the final conveyances and conditions as required by
GOCO, the parties may need to modify the IGA, consistent with this Ordinance; and
WHEREAS, in order to finalize the arrangements for the Grant, the City must enter into a
Grant Agreement with GOCO,the form of which is dated September 28, 2001,and is on file in the
Office of the City Clerk(the "Grant Agreement"); and
WHEREAS, adoption of this Ordinance is critical in order to allow Larimer County to
complete the documentation related to the Property no later than October 31, 2001, as required in
connection with Larimer County's bonded financing of the acquisition of open lands properties;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; 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 II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Mayor is hereby authorized to enter into the Grant Agreement, 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,with the express Council intent being that future amendments to the Grant
Agreement not otherwise provided for herein must be approved by the Council by resolution.
Section 2. That the grant of the Conservation Easement on the Property to Larimer County
and to Legacy Land Trust,either as a grantee thereof,or as the assignee of Larimer County,is in the
best interests of the City of Fort Collins.
Section 3. That the Mayor is hereby authorized to execute a Deed of Conservation Easement
in substantially the form for the same dated September 28,2001,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, and further to execute such additional deeds, consents, assignments, or other
documents as may be necessary to cause the conveyance or assignment to Legacy Land Trust of an
enforceable interest in the Conservation Easement.
Section 4. That the Mayor is further hereby authorized to execute amendments to the IGA
consistent with this Ordinance,together with such other provisions as may be recommended by the
City Manager, in consultation with the City Attorney, to protect the interests of the City and
effectuate the purposes of this Ordinance, with the express Council intent being that future
amendments to the IGA not otherwise provided for herein must be approved by the Council by
resolution.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
October, A.D. 2001, and to be presented for final passage on the 16th day of October, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of October, A.D. 2001.
Mayor
ATTEST:
City Clerk
EXI-Mff "A"
Legal Description of o parcel of lend being portions of Sections 21 and 28, Township 6 North. Range 69
West of the 6th Principal Meridian. Lorimer County, Colorado being more particularly described as follows..
Beginning at the Southwest Comer of sold Section 28 and considering the West fine of the Southwest Quarter
of said Section 28 as bearing South 00'03'32' West and with all bearings contained herein relative
thereto; thence along the South line of the Southwest Quarter of said Section 28 North 89'36'54' East
50.00 feet; thence departing sold South line North 00"03'32' East 1013.51 feet; thence North
89'50'35' East 2626.58 feat to a point on the North—South canterllns of said Section 28; thence along
said North—South centerline North 00'05'42' Went 115100 feat; thence deporting said North—Soutti
eentorfine North 89'50'35' East 2674.10 feet to a point on the East tine of the Southeast Quarter of said
Section 28; thence along acid East line North 0014'02" West 529.32 feet to the East One Quarter
Comer of told Section 28; thence along the East line of the Northeast Quarter of said Section 25; North
001413' West 2651.15 lest to the Northeast Comer of said Section 28. thence along the East line of
the Southeast Quarter of said Section 21 North 00*12*880 West 2626.00 feet to the East One Quarto
Comer of sold Section 21; thence along the East—West centerline of said Section 21 South 89'5347'
West 2660.74 feet to the Center One Quarter Comer of said Section 11; thence continuing along said East—
West centerline South 89'53'38" West 2708.47 test to the West One Quarter Comer of said Section 21;
thence along the West line of the Southwest Quarter of said Section 21 South 01'00'49' East 2636.00
foot to the Southwest Corner of sold Section 21; thence along the West line of the Northwest Quarter of the
Northwest Quarter of said Section 28 South 00'03'02" Wort 1335.90 feet to the Northwest Comer of
the Southwest Quarter of the Northwest Quarter of said Section 28; thence along the West line of the
Southwest Quarter of the Northwest Quarter of said Section 28 South 00'00'43" West 1335.51 feet to
the West One Quarter Comer of sold Section 28; thence along the West line of the Southwest Quarter of said
� Lion 28 South 00'03'32' West 2670.98 feet to the POINT OF BEGINNING.
e above described tract of land contains 784.751 acres more or lase and is subject to the right—of—way for
Lorimer County Road No. 19 and all other casements and rights—of—woy of record.
copy .
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
particularly described on Exhibit"A", attached hereto and incorporated 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
SWHEREAS, 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 Comity, 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 23-1 l 1 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 Latimer County is
in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to convey to Larimer 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:
Clerk
Passed and adopted on final reading this 2nd day of May, A.D. 2000.
Mayor
ATTEST:
City Clerk
EXHIBIT"A"
Legal Description of a Parcel of land being portions of Sections 21 and 28, Township 8 North. Range 69
West of the lath Principal Meridian, Lorimer County, Colorado being more porlieulany described as follows:
Beginning at the Southwest Comer of sold Section 28 and considering the West line of the Southwest Quarter
of sold Seetldn 28 as beering South 00'03'32' West and with all bearings contained herein relative
thereto: thence along the South line of the Southwest Quarter of said Section 26 North 89'36'6e East
50.00 feat; thence departing said South line North 00'03'32' East 1013.51 feet; thence North
89.50'35' East 2626.58 lest to a point on the North—South centerline of sold Section 28: thence along
sold North—South centerline North 00'05'42" West 1153.00 feet; thence departing said North—South
contedine North 894506350 East 2674.10 feet to a point on the East line of the Southeast Quarter of sold
Section 28, thence along said East line North 00'14'02" West 529.32 feet to the East One Quarter
Comer of said Section 28; thence along the East line of the Northeast Quarter of said Section 2114 North
00'14'13" West 2651.15.faet to the Northeast Corner of said Section 28. thence along the East line of
the Southeast Quarter of sold Section 21 North 00'12'58' West 2520.00 feet to the East One Quarter
Comer of sold Section 21: thence along the East—West centerline of said Section 21 South 89'53'47"
West 2660.74 feet to the tenter One Quarter Comer of said Section 21; thence continuing along Bald East—
West centarllne South 89'S3W West 2708.47 test to the West One Quarter Comer of sold Section 21;
thence along the West line of the Southwest Quarter of said Section 21 South 01*00,490 Cost 2636.00
feet to the Southwest Comer of sold Section 21; thence along the West line of the Northwest Quarter of the
Northwest Quarter of said Section 28 South 00'03'02' West 1335.90 fact to the Northwest Corner of
the Southwest Quarter of the Northwest Quarter of said Section 28: thence along the West line of the
Southwest Quarter of the Northwest Quarter of said Section 28 South 00'00'43' West 1335.51 feet to
the West One Quarter Comer of said Section 28: thence along the West line of the Southwest Quarter of sold
tion 28 South 00'03'32" West 2670.98 feet to the POINT OF BEGINNING.
• above doscnUd tract of land contains 784.751 acres more or less and is subject to the right—of—way for
Lorimer County Road No. 19 and all other easements and rights—of—woy of record.
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