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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2006 - SECOND READING OF ORDINANCE NO. 146, 2006, AUTHORI ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: October3, 2006 FORT COLLINS CITY COUNCIL STAFF: John Stokes SUBJECT Second Readingof Ordinance No. 146, 2006, Authorizing the Conveyance of a Conservation g Y Easement on City Natural Area Property (Round Butte Ranch Phase 2) to Larimer County and Authorizing a Related Grant Agreement with the Board of the Great Outdoors Colorado Trust Fund. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 19, 2006, authorizes the conveyance of a 720-acre conservation easement on Round Butte Ranch,Phase 2,to Larimer County and authorizes a grant agreement with the Board of the Great Outdoors Colorado Trust Fund. The City will receive a S212,700 grant from Great Outdoors Colorado to support the conservation of the property. The grant requires that a conservation easement be placed on the property and conveyed to a qualified third party. The conservation easement acknowledges and protects the natural qualities of the property. It also allows a single five-acre building envelope as well as continued ranching and other compatible activities. ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: September 19, Zoos FORT COLLINS CITY COUNCIL STAFF: John Stokes ­V SUBJECT First Reading of Ordinance No. 146,2006,Authorizing the Conveyance of a Conservation Easement on City Natural Area Property(Round Butte Ranch Phase 2) to Larimer County and Authorizing a Related Grant Agreement with the Board of the Great Outdoors Colorado Trust Fund. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. At its September 13th meeting,the Land Conservation and Stewardship Board voted unanimously to recommend the project to City Council for approval. FINANCIAL IMPACT Transferring the conservationCemt an er o y `11 kwe no associated costs. The actual cost of conserving td tte will not known until the City is successful in selling the ranch with the conservation easement on it to a conservation minded buyer. The initial acquisition was $1,020,000(1,360 acres x$750/acre). Two grants in the amount of$428,700 were received from Great Outdoors Colorado towards the cost of placing a conservation easement on the property, reducing the City's investment in the property to $591,300. If the ranch is sold with the conservation easement for more than$435 per acre,or$591,300,the net cost to the City will be zero. EXECUTIVE SUMMARY This Ordinance authorizes the conveyance of a 720-acre conservation easement on Round Butte Ranch, Phase 2, to Larimer County and authorizes a grant agreement with the Board of the Great Outdoors Colorado Trust Fund. The City will receive a $212,700 grant from Great Outdoors Colorado to support the consCec7tsthe ' of e pro ert . The grant requires that a conservation easement be placed on the pr onv e o q 'fi third party. The conservation easement acknowledges and pr tural a ' of th operty. It also allows a single five- acre building envelope as well r i and oth compatible activities. September 19, 2006 -2- Item No. 18 BACKGROUND In February 2006, the City close oine . Rion ut anch, which consists of 1,360 acres for 11,020,000(or$750 acreta of a Soapstone Ranch, and located at the northern end of Count oad 1tof City is to resell the property to a conservation-minded buyer a . ase ent. Because the City already has made substantial investments in this area, a Great Outdoors Colorado grant was pursued to defray the cost of the retained conservation easement. The City was successful in receiving a Great Outdoors Colorado grant for Phase 1 of the Round Butte Ranch in the amount of$216,000 on the 640 acres contiguous to this Phase 2 Parcel. City Council approved Ordinance No. 040, 2006 on March 7, 2006, authorizing conveyance of a conservation easement to Larimer County for the Phase 1 parcel,as required for the Great Outdoors Colorado grant. The City recently was notified that the second of a two-phased grant application for the remaining 720-acre portion of the property was successful and that the City will receive a grant in the amount of$212,700. The City's match to this grant will be $70,900. As a condition of the grant agre on-m t n a conservation easement on the Round Butte Ranch to anoth ntity f ti at the City continues to own the property(i.e.,prior to a sale to onsery buyer). us,the City is proposing to convey a conservation easement to Lari Clo ainin 0-acre portion of the property. The conservation easement recognizes and protects the natural and scenic values of the property,and allows any fixture owner to build a home and related structures within a building envelope of not greater than 5 acres. Other primary activities that may be conducted include ranching and hunting. Larimer County has reviewed and is willing to accept a conservation easement in the form of easement on file with the City Clerk's office. The conservation easement evidences the County's commitment to convey the easement back to the City when the underlying fee interest has been sold to a conservation-minded purchaser, among other terms. This arrangement is the same as the arrangement used for the Phase 1 grant. This is also similar to the arrangements made in connection with the $11.6 million Great Outdoors Colorado grant for Red Mountain c ,on hick the City,holds a conservation easement. Portions of the 15,000-acre Red Mounta' an I be ld c Y,� minded buyers and,when these sales have been completed, th ity wil sign a eement on those portions back to the County. ATTACHMENTS 1. Round Butte Ranch Location Map. 2. Round Butte Ranch Phase 1 & 2. 3. Draft Minutes from the September 13, 2006 meeting of the Land Conservation and Stewardship Board. ORDINANCE NO. 146, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY(ROUND BUTTE RANCH PHASE 2) TO LARIMER COUNTY AND AUTHORIZING A RELATED GRANT AGREEMENT WITH THE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND WHEREAS, the Board of the Great Outdoors Colorado Trust Fund(the "GOCO Board") is a political 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 of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources; and WHEREAS,the City acquired Round Butte Ranch,a property 1,360 acres in size,consisting of both Phase I and Phase 2, located to the south of Soapstone Prairie Natural Area and along County Road 15, on February 28, 2006, for the amount of$1,020,000; and WHEREAS, the City has been awarded and is in the process of completing a grant from the GOCO Board for the costs associated with acquisition of Phase I of the Round Butte Ranch; and WHEREAS, the GOCO Board has approved a grant to the City to support the conservation of Phase II of Round Butte Ranch, which is 720 acres in size and is more particularly described as: The West '/z of the Northeast '/4, and East '/: of the Northwest '/< of Section 24, Township 1 I North, Range 69 West of the 6' P.M., and the South ''/2, Northeast ''/a, and West '/z of Northwest '/ of Section 13, Township I l North, Range 69 West of 6" P.M., all in Latimer County, Colorado (the"Phase If Property"), in the amount of$212,700, which is a substantial share of the City's cost to acquire and conserve that property; and WHEREAS,in order to issue said grant,the GOCO Board will require that the City enter into a grant agreement setting forth the City's obligations in connection with the grant; and WHEREAS, a copy of the grant agreement required by the GOCO Board, dated September 13, 2006, is on file in the office of the City Clerk and available for public inspection (the "Grant Agreement"); and WHEREAS, as a requirement of the grant,the City must convey to an approved third party, in this instance Larimer County, a conservation easement intended to protect the Phase II Property from uses contrary to the purposes of the GOCO Board's grant program; and WHEREAS, staff has negotiated with the staff of the GOCO Board and Latimer County certain conservation easement terms and conditions to which the Phase II Property shall upon conveyance be subject,a copy of which conservation easement,dated September 13,2006, is on file in the Office of the City Clerk and available for public inspection (the "Conservation Easement"); 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 [I, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. 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 the conveyance of the Conservation Easement on the Phase [1 Property to Larimer County is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Grant Agreement, in substantially the form for the same dated September 13, 2006, and on file in the Office of the City Clerk,subject to such modifications,amendments or additions thereto as may be determined by the City Manager, in consultation with the City Attorney, to be necessary or appropriate to protect the interests of the City. Section 3. That future amendments to the Grant Agreement not otherwise provided for herein may be approved by the Council by resolution rather than by Ordinance. Section 4. That the Mayor is hereby authorized to execute the Conservation Easement in substantially the form for the same dated September 13,2006, 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,including any necessary corrections to the legal descriptions shown thereon that do not result in a material increase or change in the character of the property intended to be subject to the conservation easement. Introduced, considered favorably on first reading, and ordered published this 19th day of September, A.D. 2006, and to be presented for final passage 3rd day of October, A.D. 2006. M o TTEST: i; City Clerk Passed and adopted on final reading on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk