HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/02/2006 - RESOLUTION 2006-048 AUTHORIZING THE LEASE OF A POR ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: May2, 2006
FORT COLLINS CITY COUNCIL STAFF: John Stokes
Daylan Figgs
SUBJECT
Resolution 2006-048 Authorizing the Lease of a Portion of Running Deer Natural Area to Hageman
Earth Cycle, Inc., for Two Additional Years.
RECOMMENDATION
Staff and the Land Conservation and Stewardship Board recommend adoption of the Resolution.
FINANCIAL IMPACT
Hageman Earth Cycle will pay an annual rate of$17,400 ($1,450/month) or$34,800 over the two
year life of the lease.
EXECUTIVE SUMMARY
Hageman Earth Cycle, Inc. is requesting a continuation of a lease of approximately 15 acres of
Running Deer Natural Area for a period of time starting July 1, 2006 and ending June 30, 2008.
This lease will allow that business to continue using the site for the purposes of a public organic
waste material "fee" drop off site, the temporary stock piling of these materials until they are
transported off site to the lessee's composting site, and the sale of landscaping products. This lease
does not allow the composting of materials on site.
BACKGROUND
Running Deer Natural Area was purchased in three transactions between 1998 and 2000. The City's
goal in acquiring this land along the Poudre River corridor is to protect the river corridor for wildlife
habitat,recreation trails, and environmental education. Included in the land purchase was a 15 acre
parcel which had been leased to Hageman Earth Cycle by the previous owners. The City agreed to
continue leasing the parcel for a 5-year period from July 1, 2001 through June 30, 2006. This time
frame was intended initially to provide transition time for Hageman Earth Cycle to relocate to a new
location.
Hageman Earth Cycle was not able to relocate to a new location within the 5-year period and has
requested a two year extension to the lease.
May 2, 2006 -2- Item No. 16
The term of the lease is for one year with an option for a one year renewal. If the renewal option
is exercised,the lease will be in place for the period of time between July 1,2006 and June 30,2008.
Hageman Earth Cycle will pay an annual rate of$17,400 ($1,450/month) or$34,800 over the life
of the lease. In addition, the lease requires the lessee to obtain any permits, licenses, or other
approvals or grants of authorization required in order to conduct its activities and to contain surface
water flow in a manner to prevent the movement beyond the lease boundaries of any sediment,wood
chips,or any other material deposited or stored on the premises. Also,prior to the end of the lease,
the lessee will be required to remove all personal property or improvements, including all
foundations, slabs, and fences, fill and level any excavations, and restore the ground to a condition
that is level and free and clear of debris or other materials.
RESOLUTION 2006-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASE OF A PORTION
OF RUNNING DEER NATURAL AREA
TO HAGEMAN EARTH CYCLE, INC.
FOR TWO ADDITIONAL YEARS
WHEREAS, the City of Fort Collins purchased land in 1998 through 2000 for its Natural
Areas program known as Running Deer Natural Area(the"Natural Area"), a portion of which has
previously been occupied and used by Hageman Earth Cycle,Inc. ("Hageman"),for the deposit and
storage of tree limbs, leaves, and other yard waste and organic materials for composting,mulching
and other reuse; and
WHEREAS, the City has, in the acquisition of natural areas, established a practice of
working with pre-existing users and tenants of acquired property to smooth the transition of the
property to public natural area ownership; and
WHEREAS,pursuant to the City Council's authorization in Ordinance No.85,2001,the City
has previously leased to Hageman that portion of the Natural Area shown on Exhibit "A" (the
"Lease Area"),in order to continue its use of that property for the deposit and storage of tree limbs,
leaves, and other yard waste and organic materials for mulching and other reuse; and
WHEREAS, in leasing the Lease Area to Hageman, the initial lease term of five years was
intended to allow sufficient time for Hageman to transition its operations to a new location; and
WHEREAS,Hageman has not succeeded in relocating its operations as anticipated,and has
requested an additional two-year lease in order to allow for said relocation; and
WHEREAS, City staff has negotiated with Hageman a proposed lease agreement
substantially similar to the existing lease agreement, which proposed lease agreement, dated April
28, 2006, is on file in the Office of the City Clerk and available for public inspection (the "Lease
Agreement"), and which provides for the lease to Hageman of the Lease Area for the uses specified
therein, for an initial term of one year with one possible one-year extension, for a monthly rental
amount of$1,450 for the initial term; and
WHEREAS,City staff has determined that the proposed lease to Hageman of the Lease Area
will not interfere with or impair the City's intended uses of the Natural Area; and
WHEREAS, City staff has also determined that the lease rate of $1,450 per month is
consistent with the approximate fair market lease rate for comparable property; and
WHEREAS,pursuant to Section 23-114 of the Code of the City of Fort Collins,the Council
is authorized to approve by resolution the lease of any and all interests in non-utility real property
owned in the name of the City for a term of two years of less,provided that Council first finds that
the lease is in the best interests of the City.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the lease by the City of the Lease Area to Hageman, under the terms and
conditions set forth herein and in the Lease Agreement, is in the best interests of the City of Fort
Collins.
Section 2. That the City Manager is hereby authorized to enter into the Lease Agreement,
with such changes as he may deem necessary, in consultation with the City Attorney, to protect the
interests of the City, and to extend the tern of the same for the full potential term of two years, as
provided therein.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of May, A.D. 2006.
Mayor
ATTEST:
City Clerk
EXHIBIT"A"
TR SNATION TITLE INSURANCE Cl.-,rANY I of 5
Commitment No. : 6435725 C-2
SCHEDIILE A - Continued
LEGAL DESCRIPTION
PARCEL I :
A tract of land located in Section 21 and in the Northeast One-Quarter of
Section 28, all of Township 7 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, Colorado, more particularly described as
follows:
Beginning at a point on the South line of the NW1/4 of said Section 21,
from which point the Center 1/4 Corner of said Section 21 bears South 88
degrees 26 minutes 30 seconds East, 366 . 18 feet, said point of beginning
being a corner in the Southerly line of the tract of land described in
Book 2132 at Page 328 of the Larimer County records;
thence North 01 degrees 10 minutes 00 seconds East, following the
Southerly lines of said tract, 218. 65 feet;
thence South 89 degrees 46 minutes 32 seconds West, 416 .84 feet to a
Southwesterly corner of said tract and a point of curvature to the right;
thence 535. 91 feet along the arc of a curve concave Northeasterly to a
point of tangency, said curve having an interior angle of 87 degrees 21
minutes 46 seconds, a radius of 351.47 feet, a tangent length of 335 .66
feet and a chord bearing North 46 degrees 32 minutes 35 seconds West
485.49 feet;
thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a
point on a line which is parallel to and 1, 650. 00 feet distant Northerly
at right angles from the South line, NW1/4;
thence North 88 degrees 26 minutes 30 seconds West along said parallel
line, 303 .45 feet;
thence South 01 degrees 33 minutes 30 seconds West along a line at right
angles to the South line, NWS/4, 1, 650. 00 feet to a point on the South
line, NW1/4, said point on the South line, NW1/4 bearing South 88 degrees
26 minutes 30 seconds East, 584.59 feet from the NW corner of the parcel
of land described in Book 1729 at Page 143 as Reception No. 169710 of the
Larimer County records;
thence South 88 degrees 26 minutes 30 seconds East, 817.14 feet along the
North line of the SW1/4 of said Section 21;
thence South 30 degrees 53 minutes 36 seconds East 475.46 feet to a point
orr a line which is parallel to and 100 . 00 feet distant Westerly at right
angles from the prolonged Easterly line of the parcel of land described
in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County
records;
thence South 01 degrees 10 minutes 00 seconds West along said parallel
line 1,491.85 feet to a point which bears North 88 degrees 50 minutes 00
seconds West, 100 . 00 feet from the NW corner of the tract of land
described in Book 2129 at Page 969 as Reception No. 424883 of the Larimer
County records;
thence South 22 degrees 06 minutes 17 seconds East 168.06 feet;
thence South 01 degrees 21 minutes 57 seconds West 613 .42 feet to a point
EXHIBIT "A"
TRA.JNATION TITLE INSURANCE CO1%cANY 2 of 5
Commitment No. : 6435725 C-2
SCHEDULE A - Continued
LEGAL DESCRIPTION
on the South line of the SW1/4 of said Section 21, said point bearingg
North 88 degrees 36 minutes 03 seconds West, 437.56 feet from the S1/4
corner of said Section 21;
thence South 88 degrees 36 minutes 03 seconds East, 437.56 feet to said
S1/4 corner;
thence, following the last two courses of the tract of land described in
Book 2129 at Page 969 as Reception No. 424883 of the Larimer County
records, South 00 degrees it minutes 10 seconds West, 79.12 feet;
thence South 84 degrees 44 minutes 03 seconds East, 242 .49 feet to an
angle point in the Southerly line of said tract;
thence North 01 degrees 10 minutes 00 seconds East, 100 .00 feet;
thence North 67 degrees 12 minutes 45 seconds West, 261.63 feet;
thence North 88 degrees 35 minutes 16 seconds West, 135 . 18 feet;
thence North 43 degrees 15 minutes 00 seconds West, 285.33 feet;
thence North 03 degrees 40 minutes 45 seconds East, 420 .13 feet to a
point on the Northerly line of the last mentioned tract, said point
bearing South 60 degrees 46 minutes 09 seconds East, 96 . 74 feet from the
NW corner of said tract;
thence North 60 degrees 46 minutes 09 seconds West 96.74 feet to said NW
tract corner;
thence North 01 degrees 10 minutes 00 seconds East along the prolonged
Easterly line of the parcel of land described in Book 1972 at Page 170 as
Reception No. 318483 of the Larimer County records, 1, 892.39 feet to the
point of beginning.
County of Larimer, State of Colorado.
PARCEL II:
A tract of land located in the NW1/4 of Section 21, Township 7 North,
Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado,
more particularly described as follows:
Beginning at the Center 1/4 corner of said Section 21;
thence North 88 degrees 26 minutes 30 seconds West, along the South line
of the NW1/4 of said Section 21, 366 .18 feet to an angle point in the
lines of the tract of land described in Book 2132 at 328 of the said
Larimer County Records;
thence following two courses of said tract, North 01 degrees 10 minutes
00 seconds East, 218.65 feet and South 89 degrees 46 minutes 32 seconds
West, 416 .84 feet to a Southwesterly corner of said tract and a point of
curvature to the right;
thence 535.91 feet along the arc of a curve concave Northeasterly to a
point of tangency, said arc of curve having an interior angle of 87
degrees 21 minutes 46 seconds, a radius of 351.47 feet, a tangent length
of 335.66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds
West, 485 .49 feet;
EXHIBIT "A"
TRA_ sNATION TITLE INSURANCE CObIOANY 3 of 5
Commitment No. : 6435725 C-2
SCHEDULE A - Continued
LEGAL DESCRIPTION
Thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a
point on a line which is parallel to and 1, 650. 00 feet distant Northerly
at right angles from the South line of the NW1/4 of said Section 21, said
point being the True Point of Beginning;
Thence North 88 degrees 26 minutes 30 seconds West, along said parallel
line, 303 .45 feet;
Thence South 01 degrees 33 minutes 30 seconds West, along a line -at right
angles to the South line of the NW1/4 of said Section 21, 1, 650. 00 feet
to a point on the South line of the NW1/4, said point bearing South 88
degrees 26 minutes 30 seconds East, 584 .59 feet from the NW corner of the
parcel of land described in Book 1729 at Page 143 as Reception No. 169710
of the Larimer County Records;
Thence North 88 degrees 26 minutes 30 seconds West, along the South line
of the NW1/4 of said Section 21, 1, 104 .89 feet to the West 1/4 corner of
said Section 21;
Thence North 00 degrees 17 minutes 23 seconds East, along the West line of
said NW1/4, 2, 625.46 feet to a point on a line which is parallel to and
30 . 00 feet distant Southerly at right angles from the North line of said
NW1/4;
Thence South 88 degrees 14 minutes 33 seconds East, along said parallel
line, 726. 74 feet;
Thence South 01 degrees 45 minutes 27 seconds West, along a line at right
angles to said North line of the NW1/4, 247.00 feet to a point on a line
which is parallel to and 277.00 feet distant Southerly at right angles
from the North line of said NW1/4;
Thence South 88 degrees 14 minutes 33 seconds East, along the last
mentioned parallel line, 740 . 60 feet to a point which bears North 01
degrees 33 minutes 30 seconds East from the True Point of Beginning;
Thence South 01 degrees 33 minutes 30 seconds West, 722 . 72 feet to the
True Point of Beginning.
EXCEPT parcels of land conveyed by Deeds recorded December 20, 1990 as
Reception No. 90058841 and April 16, 1996 as Reception No. 96026405 .
County of Larimer, State of Colorado.
PARCEL III :
A tract of land located in the NW1/4 of Section 21, Township 7 North,
Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado,
more particularly described as follows:
Beginning at the Center 1/4 corner of said Section 21;
Thence North 88 degrees 26 minutes 30 seconds West along the South line
of the NW1/4 of said Section 21, 366.18 feet to an angle point in the
lines of the tract of land described in Book 2132 at Page 328 of the said
Larimer County Records;
Thence, following two courses of said tract, North 01 degrees 10 minutes
EXHIBIT "A"
4of5
TRAh ,)ATION TITLE INSURMCB CaWrINi
Commitment No. 3 6435725 C-2
SCIMDULE A - Continued
LEGAL DESCRIPTION
00 seconds East, 218.65 feet and South 889degrees 46t mutes 32 p condof
Went, 416.84 fset to a Southwesterly the tTRUEract
POINT
int
curvature to the right, said tract corner being
OF
BEGINNING; the arc of a curve concave Northeasterly to a
Thence 535.91 feet along paint of tangency, said arc of curve having an interior angle of 87
degrees 21 minutes 46 seconds, a radius of 351.47 feet, a tangent length
of 335.66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds
West, 485.49 feetpgg
points noatline whicheis5paralleleto2andc11,650.00 feetldistanteNortherly
at right angles from the South line of the NW1/4 of 72id Section.?2 feett22;
Thence North 01 degrees 33 minutes 30 seconds East,
point on a line which is parallel to and 277.00 feet distant Southerly at
right angles from gre0eeo14h line minutesf33hseconds East, along Of said thelast
Thence south 88 deg oint on the West line of the
mentioned parallel line, 223.06 feet to a P along said West tract
tract described in Book 1363 at Page 527;
Thence South o3 degrees 54 minutes 33 seconds East,
line prolonged, 312 30 feet to the SW corner of the tract described in
Book 2152 at page 243; along
h line
Thence South as degrees 14 mie6ge693 feet atod the aSE�corner ofe that ttract;
of the last mentioned tract,
s 57 seconds East, 311.07 feet to the SW
Thence North 89 degrees 16 minute
corner of the tract described in Book 1137 at Page 309;
� South line
h so onemii ds 1 r that tract,
16000 feet to of
of the last Mentioned
a point an the East line of the NW1/4 of said Section 21; East
Thence South W1 degrees, 1 .553feetutos ss the NEacolrnereof, theotractedescribedein
of the said NW1/ ,
Book 2132 at Page 328)
the last mentioned tract
h 57
Thence, following two courses of , gout
minutes 55 seconds 22 West 730a90Wfeeestt to the 30.13 fTrue poiet and ntuof Beginnings 23
County of Larimer, State of Colorado.
EXHIBIT "A"
Running Deer Natural Area 5 of
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Legend
Lease Area from N.A. N
RUNNING DEER NATURAL AREA /,^\\
Parcels 0 400 800 1,60eet 1 V