HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2007 - RESOLUTION 2007-072 AUTHORIZING THE PAYMENT OF $91 ITEM NUMBER: 22
AGENDA ITEM SUMMARY DATE: August 21, 2007
FORT COLLINS CITY COUNCIL STAFF: John Stokes
SUBJECT
Resolution 2007-072 Authorizing the Payment of$91,000 to Larimer County for the Purchase of
a Second Right of Refusal to Acquire Hermit Park.
RECOMMENDATION
Staff recommends the adoption of the Resolution.
FINANCIAL IMPACT
The City's $91,000 contribution will come from sales tax revenues dedicated exclusively for the
purposes of the Natural Areas Program.
EXECUTIVE SUMMARY
Located on Highway 36 in the Estes Valley,Hermit Park is a beautifu11,362-acre property recently
acquired by Larimer County's Open Lands Programs from Agilent Technologies for$6.5 million.
Recreational facilities include 75 designated camp sites, 15 log camper cabins and a large group
picnic shelter and related facilities. Recreational activities contemplated on the property will be
substantially the same as current uses,which include camping,hiking,mountain biking,horseback
riding and group gatherings. The County's Open Lands Program is funding the project with its own
monies, as well as grants from numerous other organizations. The Fort Collins Natural Areas
Program, in exchange for a Second Right of Refusal (after a First Right of Refusal held by Estes
Park), will contribute $91,000 to the County's fundraising campaign.
BACKGROUND
At its June 5, 2007, meeting, City Council indicated its desire to support the County's acquisition
of Hermit Park and the associated fundraising drive. Many other organizations and individuals have
supported this project in a community-wide effort to preserve this magnificent property.
Contributions have been received from Loveland,Berthoud,Estes Valley Land Trust,Estes Valley
Recreation and Park District, Estes Park, Great Outdoors Colorado, and a number of individuals.
Moreover, the property was sold to the County by Agilent Technologies at a$2.2 million discount
from its appraised value of$8.7 million.
August 21, 2007 -2- Item No. 22
The City's acquisition of a Second Right of Refusal provides a mechanism by which the City can
assist with the preservation of the property now and potentially in the future. The City's Natural
Areas land conservation funds will help complete the fundraising drive. Specifically, the funds to
be used for the acquisition of the Second Right of Refusal will come from the City's dedicated
natural areas sales tax, as well as from the County's open space sales tax that is shared back with
the City.
Hermit Park will provide wonderful recreation opportunities for residents of Fort Collins and the
wider region. Additionally, conservation of the property helps protect the magnificent scenic
Highway 36 corridor into Estes Park and surrounding National Forest lands. The City's Second
Right of Refusal will enable the City to facilitate ongoing preservation of the property in the event
that in the future Larimer County and Estes Park are unable or unwilling to ensure that preservation.
ATTACHMENTS
1. Location Map
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. 49
RESOLUTION 2007-072
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PAYMENT OF $91,000 TO LARIMER COUNTY
FOR THE PURCHASE OF A SECOND RIGHT OF REFUSAL
TO ACQUIRE HERMIT PARK
WHEREAS, on November 5, 2002, the voters of Fort Collins approved Citizen-Initiated
Ordinance No. 001, 2002 (the "Ordinance"), establishing a one-quarter-cent sales and use tax to
begin on January 1, 2006 (the "Tax"), for the purpose of funding the acquisition, operation and
maintenance of open spaces, community separators, natural areas, wildlife habitat, riparian areas,
wetlands, and valued agricultural lands, and for providing for the appropriate use and enjoyment of
these areas by the citizenry; and
WHEREAS, Section 2 of the Ordinance provides that land conservation projects using
revenues from the Tax shall be undertaken where there is an identifiable benefit to the residents of
the City of Fort Collins as determined by the City Council, whether undertaken by the City of Fort
Collins alone or in partnership with one or more entities; and
WHEREAS,Section 2 of the Ordinance further provides that said land conservation projects
may be undertaken either within the City of Fort Collins and its Growth Management Area
boundary;in the areas between Fort Collins and the communities of Wellington,Windsor,Loveland,
Timnath, Bellvue, and LaPorte; in the foothills west of Fort Collins; in the Poudre River corridor;
or regionally; and
WHEREAS, Latimer County has recently acquired Hermit Park, a property approximately
1,362 acres in size and located in Larimer County east of Estes Park, as more particularly defined
hereinafter; and
WHEREAS, Hermit Park has strong natural resource characteristics that qualify it as an
important natural area and non-game wildlife habitat,including ofparticular note,the approximately
100 acres of Colorado Natural Heritage Program(CNHP)high biodiversity site(132),and high-rank
Clean Water Act and U.S. Fish and Wildlife Service-defined wetland plant communities; and
WHEREAS, Latimer County has granted to the Town of Estes Park, Colorado ("Estes
Park"),a Deed of Conservation Easement,dated February 15,2007,and recorded in the real property
records of the Latimer County Clerk and Recorder on February 15, 2007, at Reception No.
20070012103, which contains a right of first refusal for the benefit of Estes Park (the "First Right
of Refusal"), in exchange for financial assistance from Estes Park in connection with Larimer
County's acquisition of Hermit Park; and
WHEREAS,in exchange for the City's financial assistance in connection with the acquisition
of Hermit Park, the City will acquire a Second Right of Refusal,which will be subordinate to First
Right of Refusal of the Town of Estes Park, and which is intended to allow the City to facilitate the
ongoing preservation of Hermit Park in the event that in the future Larimer County and Estes Park
are unable or unwilling to ensure that preservation.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is authorized to use NINETY-ONE THOUSAND DOLLARS
($91,000.00)in Tax revenues to acquire from Larimer County a Second Right of Refusal to acquire
Hermit Park, as more particularly described on Exhibit A, attached hereto and incorporated herein
by this reference, as described hereinabove.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of August, A.D. 2007.
Mayor
ATTEST:
City Clerk
EXHIBIT A
PARCEL 1:
THE SE 1/4 AND THE SW 114 OF SECTION 33,TOWNSHIP 5 NORTH,RANGE 72 WEST OF THE
6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO.
EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF LARIMER IN DEED RECORDED MAY 13, 1938, IN
BOOK 687 AT PAGE 105.
PARCEL 11:
THAT PORTION OF THE W 1/2 OF SECTION 34,TOWNSHIP 5 NORTH,RANGE 72 WEST OF THE
6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SECTION 34;THENCE NORTH ALONG THE WEST
SECTION LINE OF SECTION 34 TO A POINT WHERE THE WEST LINE OF SAID SECTION
INTERSECTS THE SOUTHWESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66;THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO A POINT 1320
FEET EAST AND PERPENDICULAR TO THE WEST SECTION LINE OF SECTION 34;THENCE
SOUTH AND PARALLEL TO THE WEST SECTION LINE OF SECTION 34, 100 FEET TO A POINT;
THENCE WEST PERPENDICULAR TO THE WEST SECTION LI14E OF SECTION 34 TO A POINT
660 FEET EAST OF THE WEST SECTION LINE OF SECTION 34;THENCE SOUTH AND
PARALLEL TO THE WEST SECTION LINE OF SECTION 34 TO A POINT ON THE SOUTH LINE
OF SECTION 34;THENCE WEST ALONG THE SOUTH LINE OF SECTION 34 TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF LARIMER IN DEED RECORDED MAY 13, 1938 IN
BOOK 687 AT PAGE 105.
PARCEL ID:
LOTS 1,2,3,THE EAST 1/2 OF LOT 5,ALL OF 6 AND 7,THE SE 1/4 OF THE NW 1/4(ALSO
KNOWN AS THE E 112 OF LOT 8),THE E 1/2 OF THE SW 1/4 AND THE SE 1/4,ALL IN SECTION
5,TOWNSHIP 4 NORTH,RANGE 72 WEST OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF
COLORADO
PARCEL IV:
LOTS 2,3,4,5,THE W 1/2 OF LOT 6,THE SE I/4 OF THE SW 1/4 AND THEW 1/2 OF THE SW 114,
ALL IN SECTION 4,TOWNSHIP 4 NORTH,RANGE 72 WEST OF THE 6TH P.M.,COUNTY OF
LARIMER,STATE OF COLORADO