HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2001 - ITEMS RELATING TO AN INTERGOVERNMENTAL AGREEMENT W AGENDA ITEM SUMMARY ITEM NUMBER: 21 A-B
FORT COLLINS CITY COUNCIL DATE: January 2, 2001
STAFF: Tom Shoemaker
SUBJECT:
Items Relating to an Intergovernmental Agreement with Latimer County Regarding the Fossil
Creek Area Regional Open Space Properties.
RECOMMENDATION:
Staff recommends adoption of the Ordinances on First Reading.
FINANCIAL IMPACT:
These actions will provide for the payment of $2,276,950 to the City of Fort Collins by Larimer
County.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 3, 2001, Authorizing an Intergovernmental Agreement
with Larimer County Regarding Fossil Creek Reservoir Area Regional Open Space
Properties, and Authorizing the Conveyance of an Interest in Certain of Those Properties
to Larimer County.
B. First Reading of Ordinance No. 4, 2001, Appropriating Unanticipated Revenue in the
Open Lands Fund for Partial Reimbursement Toward the Purchase Price of Fossil Creek
Area Parcels E, F, and G.
The City of Fort Collins has been working with Larimer County since 1994 to preserve
significant areas of open land between Fort Collins and Loveland and specifically to preserve the
area around Fossil Creek Reservoir. The Fossil Creek Reservoir Area Plan completed in 1998
defined a resource management area surrounding the reservoir that is to be protected through a
combination of land purchases, implementation of a transferable development rights program
and other measures. The current status on the purchase of the seven parcels shown on the
attached map is as follows: Larimer County has already acquired Parcels A and B, anticipates
DATE: January 2, 2001 2 ITEM NUMBER: 21 A-13
acquiring Parcel C by dedication through the County's transferable development rights program,
and anticipates purchasing Parcel D. The City has signed contracts for the purchase of Parcels E,
F and G.
Staff from both entities developed the IGA to address the purchase, ownership and management
of all seven of the parcels within the Fossil Creek Area Regional Open Space. The
intergovernmental agreement provides for the transfer of ownership between the entities such
that both entities will have a 50% undivided interest in all of the parcels. Larimer County will
pay $2,276,950 to the City of Fort Collins to balance the cost between the two entities. The
attached spreadsheet shows the cost of each parcel, and how they are each being split. Larimer
County agrees to restore the native vegetation, provide public improvements, manage and
operate the properties in accordance with the approved "Fossil Creek Reservoir Resource
Management Plan". The City of Fort Collins will be responsible for constructing and
maintaining a paved regional trail along the north side of County Road 32.
Attachments:
1. Map of Fossil Creek Reservoir Open Land Status
2. Fossil Creek Reservoir Area Regional Open Space Land Acquisitions
3. Intergovernmental Agreement
ORDINANCE NO. 3, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY REGARDING FOSSIL CREEK RESERVOIR AREA
REGIONAL OPEN SPACE PROPERTIES, AND AUTHORIZING THE CONVEYANCE
OF AN INTEREST IN CERTAIN OF THOSE PROPERTIES TO LARIMER COUNTY
WHEREAS,the City and Larimer County,together with the City of Loveland,have worked
cooperatively to prepare and adopt"A Plan for the Region Between Fort Collins and Loveland" to
protect and promote the quality of life,the natural environment and the character of each community;
and
WHEREAS, the City and Larimer County have also worked cooperatively to prepare and
adopt the"Fossil Creek Reservoir Area Plan"to direct future urban development towards municipal
boundaries, while balancing preservation of open lands and critical natural areas around the Fossil
Creek Reservoir and areas between Loveland and Fort Collins; and
WHEREAS,the"Fossil Creek Reservoir Area Plan" identifies certain critical lands around
the Fossil Creek Reservoir as a"Resource Management Area"wherein lands are to be protected from
development through various means such as fee acquisition,conservation easements,and regulatory
measures; and
WHEREAS, the "Fossil Creek Reservoir Area Plan" identifies lands within the Resource
Management Area to be acquired by the City and Larimer County for the development of a
"Regional Open Space"; and
WHEREAS, the parties have worked cooperatively to prepare and adopt the "Fossil Creek
Reservoir Resource Management Plan" to guide the management of lands within the Resource
Management Area and the Regional Park Preserve; and
WHEREAS,Larimer County has imposed a sales and use tax ("Help Preserve Open Spaces
Sales Tax") for the purchase and maintenance of open space, natural areas, parks and trails and a
portion of the funds generated by said sales tax are distributed to municipalities located within
Larimer County; and
WHEREAS,-the City receives a share of the County Revenues for the purchase and
maintenance of open space, natural areas, parks and trails for the benefit of the Fort Collins
community; and
WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as Building
Community Choices,portions of which are intended and available for the purchase and maintenance
of open space, natural areas, and trails; and
WHEREAS,Larimer County has previously acquired,through purchase of fee interests,two
real properties in the Fossil Creek Reservoir Resource Management Area(referred to as "Tract A"
and "Tract B" respectively); and
WHEREAS,Larimer County anticipates acquiring,through dedication of fee interests from
the developer of the Westchase P.U.D. through the County's Transferable Development Units
program,certain additional real properties in the Fossil Creek Reservoir Resource Management Area
(collectively referred to as "Tract C");and
WHEREAS,Larimer County anticipates acquiring through purchase of fee interests,certain
other additional real properties in the Fossil Creek Reservoir Resource Management Area
(collectively referred to as "Tract D"); and
WHEREAS, the City anticipates acquiring through purchase of fee interests, the real
properties in the Fossil Creek Reservoir Resource Management Area that are described in Exhibits
A, B, and C, respectively, each attached hereto and incorporated herein by reference ("Tract E",
"Tract F", and "Tract G" respectively,collectively referred to as "the City Properties"); and
WHEREAS, Tracts A, B, C, D, E, F, and G (collectively referred to herein as the
"Properties") are important parcels within the Fossil Creek Reservoir Resource Management Area
and Regional Park Preserve; and
WHEREAS,the City and Latimer County desire to cooperate and contract with one another
concerning the sharing of costs and responsibilities for the acquisition,ownership,improvement,and
management of the Properties;
WHEREAS,the City and Larimer County have negotiated an Intergovernmental Agreement
Concerning the Fossil Creek Reservoir Area Properties,which was approved by the Larimer County
Board of County Commissioners on Tuesday, December 12, 2000 and has been executed by the
County, and a copy of which is on file in the Office of the City Clerk and available for public
inspection (the "IGA"); and
WHEREAS,the IGA provides for the ownership of all of the Properties to be shared equally
by the City and Latimer County as tenants in common, with conveyances to take place upon the
acquisition of the various properties; and
WHEREAS,staff has determined that the funds and interests in property to be exchanged by
the City with Latimer County are fair and equitable,and will result in an overall benefit to the City;
and
WHEREAS,the IGA further provides for the management of all the Properties by Larimer
County, consistent with the Fossil Creek Reservoir Resource Management Plan, as the same may
be from time to time modified and supplemented, unless all of the Properties are annexed into the
City, at which time the City will assume management responsibility for the Properties; and
WHEREAS,Article II,Section 16 of the City Charter and Section 29-1-203,C.R.S.,provide
that the Council may enter into agreements with other governmental bodies for the performance of
cooperative or joint activities; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That grant of the conveyance of a fifty percent(50%)undivided interest in Tract
E,Tract F,and Tract G to Larimer County,pursuant to the terms of the IGA and in exchange for the
payments and property interests to be granted to the City as provided therein, is in the best interests
of the City of Fort Collins.
Section 2. That, contingent upon the final execution of the IGA, the Mayor is hereby
authorized to execute a quit claim deed conveying to Larimer County a fifty(50%)percent undivided
interest in each of Tract E, Tract F, and Tract G, in accordance with the terms of the IGA and this
Ordinance.
Section 3. That the Mayor is hereby authorized to execute the IGA,together with such other
terms and conditions, or subsequent minor 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 understanding that future
amendments to the IGA not otherwise provided for herein may be approved by the Council by
resolution.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2001, and to be presented for final passage on the 16th day of January, A.D. 2001.
Mayor
ATTEST:
City Clerk
•
Passed and adopted on final reading this 16th day of January, A.D. 2001.
Mayor
ATTEST:
City Clerk
AP
-ION 19,
COLORADO EXHIBIT A
LEGAL DESCRIPTION OF TRACT E
PROPERTY DESCRIPTION:
That portion of the Northeast Quarter of Section 19, township 6 North. Range 68 West of
the 6 P.M., County of Larimer, State of Colorado being more particularly described as
follows:
Considering the East line of the Northeast Quarter of said Section 19 and bearing South
00°00'00" East and with all bearings contained herein relative thereto:
Beginning at the Northeast corner of said Section 19; thence alone the East line of the
Northeast Quarter of said Section 19 South 00000'00" East 872.39 feet: thence departing
said East line North 90°00'00" West 30.00 feet, more or less, to a point on the Westerly
right of way line of Larimer County Road No. 11 and the TRUE POINT OF
BEGINNING; said point also being on the Northeasterly right of way line of the Union
Pacific Railroad right of way; thence departing said Easterly right of way line and along
said Northeasterly right of way line of the Union Pacific Railroad right of way North
36'39'59" West 1035.16 feet, more or less, to a point on the Southerly right of way line
of Larimer County Road No. 32; thence departing said Northeasterly right of way line of
the Union Pacific Railroad right of way and along said Southerly right of way line of
Larimer County Road No. 32 North 88°56'03" East 618.26 feet, more or less, to a point
on the Westerly right of way line of Larimer County Road No. 11: thence departing said
Southerly right of way line of Larimer County Road No. 32 and along said Westerly right
of way line of Larimer County Road No. 11 South 00°00'00" East 841.83 feet, more or
less to the TRUE POINT OF BEGINNING.
The above described parcel contains 5.97 Acres, more or less, and is subject to all
existing easements and/or rights of way of record.
EXHIBIT B
LEGAL DESCRIPTION OF TRACT F
A tract of land located in Latimer County, Colorado legally described as all of Section
16,Township 6 North, Range 68 West of the 6 h Principal Meridian, less 46.70 acres out
of the northwest quarter as conveyed by Patent Numbers 1879 and 3467,containing in all
593.30 acres, more or less.
EXHIBIT C
LEGAL DESCRIPTION OF TRACT G
• A parcel ol'laod bciog part ol'1he Suulh.l lalf(S 1/2)ul'ticdiun Scv,vowco(17),and pall of
Sccliun Twenly(20),all in'ruwoship Six Ninth('r.6N.), Range Simy-cighl Wert (K.6NW.)of
the Sixth I'riocipal Meridian(6111 I'.M.).Cuuuty ul'I.:oiolcr,Stale ul'l'olor:ulu aunt hciot;mule
particularly described as Follows:
I)F.GINNING al the Northwest Corner ol'said Section 2(I and assumiog file Nurlh Iiue ul lbc
Nurllsvesf Quarler(NW 1/4)unsaid secliuu 20 as bcsiog Nurlh 89"28'I I" F;im,behig a livid
Ilcarisg ol'Ihc Colorado Slate Mails;Courdinde Sys[cnl, Norl11 Assoc, North Anlcl tc:m I)alma
1983/92,a dislaucc ur2677.371'ccl wilh:dl sillier flenings cunlaiucd herein rchillvc Ihcrc[u:
II IGNCG Noilll 39"23'41"toast along said North line a dislaoce ul'30.00 lict to the Norlswest
Corner ur(hat parcel ul'lasd as described tvilhin Thal Deed l)f I)alic;lliun a::recorded t)duller
17, 1990 as Itcceplion Number 9004M.165 ul'Ihc records ullhc Larimcr County Clelk and
Recorded(LCCR); .
'Illcnce alung file West,South,:md I;as( lose ollhc aloresaid parcel 01'hmd by the killulviug
'three(3)courses and distances:
'I'1Il:NCl:South 00003'07" Wcst a dislaoce of"'10.00 feet;
'!']IGNCG North 8'P28A I" East a dislnwe ol'870.401'ed;
'11IGNCG North UU"J 1'19" Well a distance of-10.00 licl it,the Nurih Iiue ol'%aid NWILI;
'1'1IGNCE North 39°28A I" G:Is[ :dung said North line a dislmlce of 1276.18 lice. Said puinf
being the Southwest Confer ortitat parcel u1'land as described ill Ihal document as recrrdcd May
29, I720 is [look 405 on Page 396 ul'the records ol'the L:simcr Comity Clcrk and Rccmdcr
(I.CCit).
'thence along file Nultherly line ol,Ilie aloicsaid parcel ul'land by Ills lulluwing hour(d)courses
allot!distallms:
11 IGNCG North 10"12'42" Gast a dishulce o1*920.40 lid;
TIIGNCIi North 51°41'42"last a dia(:u)cc ul'.107.80 Iccl;
. 11IGNCG South 72"41'l3 toast a dislance ol'670.80 lie(;
'I'I IIiNCIi Suulh 19"43'IIf" lust a 6ixlaoce 994.10 reel to file South line sir the SuudmaM Quallcr
(SGI/4)ol'::aid Section 17.and ireiug file Suulllcasl Corner ul'Ille aliscraid parcel ol'l:nld. Flool
said point[lie Northeast Curucr ol'said Sccliun 2O beats North 89"28',I 1" Eusl a dislailce of
1699.00 kcl; t
TI IGNCG North 39"28'd l" Gast:dung said South line a distance of 91.7.1 feel;
THENCE South I4°IS''IG' West a disLnlcc ol'859.00 feet;
'I'I IGNCE Soufll 71"53'46" West a dislance ul 42'7.00 feel;
'1'411'.NCE Nor[b 79°32'Id" Weil a dislancc od'370.00 lire;
II IENCG Souls 00°0214" last a distance of 15O2mo list;
I'I IGNCIi Solids 36"l T14" Gast a dill:mce ul'329.47 [cc( to(lie Sowl line ul'the Nur0lc:ea
Quarter(14I;1/4)orsaid Section 20;
'1'I fGNCI: North 89"33'57" Gast:dung said Suulh Zinc a dislancc of 49.67 feel it, [lie Nurllic;w
Comer ol'Ihe Wcst T%vcnly(20)Hosts of the Smalicaxt Qoaiter(Slit/,I)ol'said Sccliun 20;
THENCE South OU"02'14" Gast along[lie Gnat line ol'said Wcsi 20 Rods a dislaucc ,1'2(,59..1(,
Iccl to the Sutllh line ul'said SHIM;
II IGNCl.:Suulh 89"39*07" West:dung said South line a di:aancc u1730.01 Iced it, the South
Quarer Corner unsaid Secfisn 20;
'!HENCE North 00"02'14" West:dung Ise Wes( line ol'said Slit/4 a disl:nlec uF2658.87 feet it)
(lie Ccnler Quarter Comer ul'said Sccliun 20:
'I'11GNCE North O0002'14" West clung[he West line ol'[lic NI:IM unsaid Sccliun 20 a di::(:ulcc
ol'600.00 feet;
'1'I IGNCI.i South 39"57'40" West it dislasce ul'24.75 Icct;
'11 JENCG North 00"U214" Wcsl a distance o1'729.01 Ibcl to the Sutuh line orlhc Nonni I lall'ul
file Northwest Quarter(NI/2 NW 1/4)ol'said Sccliun 20;
'1'I f1iNCG Souls 8'9"31'19" West:dung said South Iiue a diswoce ul'2312.19 lid It,[he is,0le
Southeast Corner o1*111al pared od'Imuf as described within Ihal Warmuly UceJ a::recorded
Udubcr 6, 1989 as Receplion Number 89046101 of lsc rccurds ul dlc LCC'R. Said puiul hcior a
poiol os a curve, [lie:duresaid Iiue being son-langad lu said curve;
Page I u1'2
.. Pruperly Descriplion(cunliuucd)
'hull fared
'11IGNU slung Ilhc Northeast litre ul'Ihe aRisesaid parcel vl'Imid and hving almig IIic Arc ul-;r
curve which is concave to the Soulhwesl 531.02 feel,whnsc Radius is 3,128.80 lid,whose Ochs
is 08"52'25",and whose Lung Churl bears Norllt 32"04'54" West a dist:utcc ul'5JU.'I9 feel Iv Ills
Bast line orllral parcel t lland as described wilhi❑Ihal Deed 01'Dedicaliuu as rccurdcd March
17, 1994 as Reception Number 9-1021653 urlhe rectrrds ul'the I.MR; -
'111enec clung the Cast,Nurtlh,and Wes(lines urlhe tdir'esaid parcel ul'l:urd by the lidlmviul;
Thrue(7)cuumus:wd disl:uhcm
'I'l ll:NCI: North Ut1"03'07" Bast Amiga line tiun-langcm (ti the afmcsaid curve a dimalicc trl
615!9I feet;
'11Il;NCI:North 89"56'53" West a dill:utce u170.00 I''ed;
THENCE Suullr 00"03'07" West a disl:uhcu u1'676.4 I I'ed lu the Nmihcamcrly Iiuc ul'Ihal a::
dcscrilnd within that W:rrranly Dced as rccurdcd February 2.5, 1910 in Iluuk 276 tin Page 3:41 ul'
the records trrlhe I.CCR. Said Irvin( being a puild till a Curve,the:di itv::aid Iiuc being uuu-
laogenitoo said curve;
'I'I ICNCC aluug the Arc ol'a curve which is collc ve It,the Suulhwest a dislaoicc ul'50.46 Iccl,
whnsc Radius is 3368.80 reel,whnsc Della is 00"51'30",and WlursC Lung Chord bears Nurlh
36"25'3 1" West it disl:mce ur5UA6 Icct It)(lie West line W'said N 1/2 N\V IM;
'I'IILNCC North 00"03'U7" Liasl alutig said West line,:md being n litre nun-l;uq;cm br the
albresaid curve a disl:mce 0'894.70 licl it,(hc POINT OF INSGINNING.
EXCEPMG Ilrcrcleunt[lie lidluwitig described pared ul'land:
'llrc Nurth'I'cti feel(I(')W'dle Small purly IcCI(110')ul'Ihc:dirresaid paved urland. Said
described parcel Orland bcitrg Thal part ul'said SVIM;is described within(hill heed UI'
Dedication as recorded July 2, 1996 as Recepliun Number 960.17778 ul'thc records ul'Ihc
l.arimer Cuuuly Clerk and Recorder(LCCR).
Said described pared ul-land cmilains 151.305 Acres,moire ur Ics::(I.)and is subject it,any
riglhts-ol=wary ur ocher easemens as grained ur reserved by insdrnuctils ulrennd yr a::nmv
csislirg on said descrillctl parcel u('I:urd.
SURVEYOR'S CERTIFICATE
1,Charles IJ.Juncs,a Colorado Regislercd I'rul'essiunal I.a nl Surveyor du licreby Slade Ihal Ibis
Properly Descripliuu was prepared under illy persumll supervision and checking,and that it is
true and currec((to(lie bcsl ol'my knowledge,inlirrmatiun,bulid"and in lily pml'asiuual
opinion.
`INnU
Charles ll.Jv°cs :x22�90 onon
4t.
Culuradu Registered rViissional
ll*'"J�y••.......•..e)1F __.—mil(/ ..�_—.—....._....
1-mid Son veyur #22U98 ON LA - �_..
KING SURVISYOKS,INC.
9299 E;mlman Park Drive
Windsur,Culurado $0550
(970)686.5UII
1'rojed Nunhbcr:2000256 (Scplember 5,2000)
(pile:tidal-a.lsl)
• ORDINANCE NO. 4, 2001
OF THE COUNCIL OF THE C]TY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
OPEN LANDS FUND FOR PARTIAL REIMBURSEMENT TOWARD
THE PURCHASE PRICE OF FOSSIL CREEK AREA PARCELS E, F AND G
WHEREAS, the City of Fort Collins has been working with Larimer County since 1994
to preserve significant areas of open land between Fort Collins and Loveland and specifically to
preserve the area around Fossil Creek; and
WHEREAS, the Fossil Creek Reservoir Area Plan completed in 1998 defined a resource
management area surrounding the reservoir that is to be protected through a combination of land
purchases, implementation of a transferable development rights program and other measures;
and
WHEREAS, the aforementioned plan includes the acquisition of seven parcels (Parcels
A-G) along the south side of Fossil Creek Reservoir; and
WHEREAS, the County has acquired Parcels A and B, at a cost of $1,171,100, and
anticipates acquiring Parcel C by dedication through the County's transferable development
rights program, and purchasing Parcel D; and
WHEREAS, the City has signed contracts for the purchase of Parcels E, F and G, at a
cost of$6,125,000; and
WHEREAS, the total cost of Parcels A, B, E, F and G is $7,296,100; and
WHEREAS, plans are currently under way involving the City and County for the
purchase of Parcels C, D, and G; and
WHEREAS, the City Council is concurrently considering Ordinance No. 3, 2001, which
when adopted on second reading on January 16, 2001, will authorize the City to enter into an
intergovernmental agreement with Larimer County regarding the Fossil Creek Area Open Space
Properties and will provide for the transfer of ownership between the City and Larimer County
such that both entities will have a 50% undivided interest in all seven parcels (A-G); and
WHEREAS, Larimer County will pay the City of Fort Collins $2,276,950, representing
the amount needed to properly reflect their 50% interest in Parcels A, B, E, F and G; and
WHEREAS, the receipt of funds from the County will be appropriated in the City's
Open Lands Fund where said appropriations will be available for the acquisition and
development of open space, trails, and natural areas as identified in the Natural Areas Policy
Plan and City Plan; and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the
City Council to make supplemental appropriations by ordinance at any time during the fiscal
year, provided that the total amount of such supplemental appropriations, in combination with all
previous appropriations for that fiscal year, does not exceed the then current estimate of actual
and anticipated revenues to be received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in
the Open Lands Fund, the sum of TWO MILLION TWO HUNDRED SEVENTY-SIX
THOUSAND NINE HUNDRED FIFTY DOLLARS ($2,276,950), upon receipt from Larimer
County to be used for the acquisition and development of open space, trails, and natural areas.
Introduced and considered favorably on first reading and ordered published this 2nd day
of January, A.D. 2001, and to be presented for final passage on the 16th day of January, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of January, A.D. 200E
Mayor
ATTEST:
City Clerk
ATTACHMENT
Fossil Creek Regional Open Space Land Status
o i
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•
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tae•d Eeke •
•
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••
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•••
} ••
•••• FOSS¢CREEK
•
••• RESERVOIR
•
•
Did!
Lake
S CR 32
-- Fos•i1 Lslie
-
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g` Diddmon: Nelson win
TDU CE rrroeir
1*00
•u••
Loveland ement Area dary CR 30 •
s
Lovel®d
Land Protection Status Other Features N
Under Negotiation N Lend Protection Vision
Westchase PUD Open Space •♦Roads
Ctmsetvation Easemmt •
GrowthManagement mt Boundaries W E
N.Poudre I ' tion District O Lakes Reservoirs
Protected Public Land 0 Parcels
O City limits
S
0 0.5 Miles
ATTACHMENT
FOSSIL CREEK RESERVOIR AREA _
REGIONAL OPEN SPACE LAND ACQUISITIONS
TABLE 1: EXISTING PURCHASES AND CONTRACTS.
PROPERTY ACREAGE LARIMER COUNTY FORT COLLINS TOTAL
Tract A—Williams 12 136,000 136,000
Tract B—Riddell 54 1,035,100 1,035,100
Tract C—Westchase 6 0 0
Tract D—Si mund 10 400,000 400,000
Tract E—Storrs 7 100,000 100,000
Tract F--State Land Board 593 4,025,000 4,025,000
Tract G--Duck Lake 151 2,000,000 2,000,000
Total 833 1,571,100 6,125,000 7,696,100
TABLE 2: PROPOSED COST SHARING.
PROPERTY ACREAGE LARIMER COUNTY FORT COLLINS TOTAL
Tract A—Williams 12 136,000 0 136,000
Tract B—Riddell 54 1,035,100 0 1,035,100
Tract C—Westchase 6 0 0 0
Tract D—Sigmund' 10 200,000 200,000 400,000
Tract E—Storrs 7 50,000 50,000 100,0"
Tract F--State Land Board 593 1,426,950 2,598,050 4,025,0
Tract G--Duck Lake 151 800,000 1,200,000 2,000,000
Total 833 3,648,050 4,048,050 7,696,100
TABLE 3: PROPOSED OWNERSHIP.
PROPERTY ACREAGE LARIMER COUNTY FORT COLLINS TOTAL
Tract A—Williams 12 50% 50% 100%
Tract B—Riddell 54 50% 50% 100%
Tract C—Westchase 6 50% 50% 100%
Tract D—Si mund 10 50% 50% 100%
Tract E—Storrs 7 50% 50% 100%
Tract F--State Land Board 3 593 50% 50% 100%
Tract G--Duck Lakej 151 50% 50% 100%
Total 833 50% 50% 100%
'Tracts A and B have already been acquired by Larimer County.
2Larimer County anticipates acquiring Tract C through the Transferable Development Rights Program and
Tract D through fee acquisition.
'The City of Fort Collins has firm purchase contracts to acquire Tracts E,F,and G.
ATTACHMENT 3
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTIES
This Agreement is made this day of January, 2001, by and between the CITY OF
FORT COLLINS, COLORADO and LARIMER COUNTY, COLORADO.
WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate
and contract with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, the parties, together with the City of Loveland, have worked cooperatively to
prepare and adopt "A Plan for the Region Between Fort Collins and Loveland" to protect and
promote the quality of life, the natural environment and the character of each community; and
WHEREAS, the parties have worked cooperatively to prepare and adopt the "Fossil Creek
Reservoir Area Plan" to direct future urban development towards municipal boundaries, while
balancing preservation of open lands and critical natural areas around the Fossil Creek Reservoir and
areas between Loveland and Fort Collins; and
WHEREAS, the "Fossil Creek Reservoir Area Plan" identifies certain critical lands around
the Fossil Creek Reservoir as a"Resource Management Area"wherein lands are to be protected from
development through various means such as fee acquisition,conservation easements, and regulatory
. measures; and
WHEREAS, the "Fossil Creek Reservoir Area Plan" identifies lands within the Resource
Management Area to be acquired by the City of Fort Collins and Larimer County for the
development of a "Regional Open Space"; and
WHEREAS, the parties have worked cooperatively to prepare and adopt the "Fossil Creek
Reservoir Resource Management Plan" to guide the management of lands within the Resource
Management Area and the Regional Park Preserve; and
WHEREAS, Larimer County has imposed a sales and use tax ("Help Preserve Open Spaces
Sales Tax") for the purchase and maintenance of open space, natural areas, parks and trails and a
portion of the funds generated by said sales tax are distributed to municipalities located within
Larimer County; and
WHEREAS, the City of Fort Collins receives a share of the County Revenues for the
purchase and maintenance of open space, natural areas, parks and trails for the benefit of the Fort
Collins community; and
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WHEREAS,the City of Fort Collins has imposed a dedicated 0.25% sales and use tax known
as Building Community Choices, portions of which are intended and available for the purchase and
maintenance of open space, natural areas, and trails; and
WHEREAS, Larimer County has acquired, through purchase of fee interests, the real
properties described in Exhibit A and Exhibit B,respectively,each attached hereto and incorporated
herein by reference ("Tract A" and "Tract B" respectively); and
WHEREAS, Larimer County anticipates acquiring, through dedication of fee interests from
the developer of the Westchase P.U.D. through the County's Transferable Development Units
program, the real properties described in Exhibit C attached hereto and incorporated herein by
reference ("Tract C"); and
WHEREAS,Larimer County anticipates acquiring through purchase of fee interests,the real
Properties described in Exhibit D, attached hereto and incorporated herein by reference ("Tract D");
and
WHEREAS, the City of Fort Collins anticipates acquiring through purchase of fee interests,
the real properties described in Exhibit E, F, and G, respectively, each attached hereto and
incorporated herein by reference ("Tract E", "Tract F", and"Tract G" respectively); and
WHEREAS, Tracts A, B, C, D, E, F, and G (collectively referred to herein as the r
"Properties") are important parcels within the Fossil Creek Reservoir Resource Management Area
and Regional Park Preserve; and
WHEREAS, the parties desire to cooperate and contract with one another concerning the
sharing of costs and responsibilities for the acquisition, ownership, improvement, and management
of the Properties;
NOW,THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
A. Acquisition of the Properties
1. The actual or estimated cost of acquiring the Properties not including closing costs,
other direct costs of acquisition, such as title insurance, survey of each Property, or appraisal fees,
and adjustments at closing (which closing and related costs shall be home by the party initially
acquiring each respective tract) are as follows:
(a) One Hundred Thirty-six Thousand Dollars ($136,000.00) for Tract A;
(b) One Million Thirty-five Thousand One Hundred Dollars ($1,035,100.00) for Tract
B;
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. (c) Ten Dollars ($10.00) for Tract C;
(d) Four Hundred Thousand Dollars ($400,000.00) for Tract D;
(e) One Hundred Thousand Dollars ($100,000.00) for Tract E;
(f) Four Million Twenty-five Thousand Dollars ($4,025,000.00) for Tract F; and
(g) Two Million Dollars ($2,000,000.00) for Tract G.
2. Latimer County has acquired title to Tract A and Tract B in its name
3. Upon execution of this Agreement by all parties, Larimer County agrees to take all
steps reasonably necessary in a diligent effort to acquire Tract C and Tract D.
4. Upon execution of this Agreement by all parties, the City of Fort Collins agrees to
take all steps reasonably necessary in a diligent effort to acquire Tract E, Tract F and Tract G.
B. Shared Ownership of Property
1. Promptly upon completion of the acquisition of each of the Properties, the party
owning each such property shall arrange for title insurance to be provided for each such property,
for the benefit of the other party, consistent with the ownership interest to be conveyed as set forth
herein.
2. Upon the acquisition of Tract E and Tract F by the City and the issuance of a title
commitment described in paragraph B.l for each of Tracts A, B, E and F, the parties shall schedule
a closing at a mutually agreed date, time and location, at which the following transactions shall
occur:
i. The County shall pay to the City the amount of One Million Four Hundred
Seventy Six Thousand Nine Hundred and Fifty Dollars ($1,476,950);
ii. The County shall quitclaim an undivided 50 percent (50%) interest in Tract
A and Tract B to the City.
iii. The City shall quitclaim an undivided 50 percent (50%) interest in Tract E
and Tract F to the County.
iv. The County shall submit all such deeds, upon acceptance, to the County Clerk
and Recorder for recording the real property records of the County, and shall provide a copy
of all recorded deeds to the City upon completion of recording.
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3. Upon the acquisition of Tract C by the County and the issuance of a title commitment
as described in paragraph B.1 for Tract C, the County shall quitclaim an undivided 50 percent(50%)
interest in Tract C to the City, which deed the County shall, after acceptance by the City, submit to
the County Clerk and Recorder for recording the real property records of the County. The County
shall provide a copy of the recorded deed for Tract C to the City upon completion of recording.
4. Upon the acquisition of Tract D by the County and the issuance of a title commitment
as described in paragraph B.1 for Tract D,the City shall pay to the County fifty percent (50%) of the
actual purchase price paid by the County for Tract D,up to a maximum City share of Two Hundred
Thousand Dollars ($200,000)and the County shall quitclaim an undivided 50 percent(50%) interest
in Tract D to the City, which deed the County shall, after acceptance by the City, submit to the
County Clerk and Recorder for recording the real property records of the County. The County shall
provide a copy of the recorded deed for Tract D to the City upon completion of recording.
5. Upon the acquisition of Tract G by the City and the issuance of a title commitment
as described in paragraph B.1 for Tract G, the County shall pay to the City the sum of Eight Hundred
Thousand Dollars ($800,000) and the City shall quitclaim an undivided 50 percent (50%) interest
in Tract G to the County, which deed the County shall, after acceptance by the County, submit to the
County Clerk and Recorder for recording the real property records of the County. The County shall
provide a copy of the recorded deed for Tract G to the City upon completion of recording.
6. Until such time as the above-referenced closing and conveyance of the property
interests above shall occur, each party shall own, manage each of the Properties it owns, and at all
times operate with respect to each of the Properties it owns, in a manner so as to respect and protect
the equitable interest in such Properties created by this Agreement and consistent with the
Management Plan, as defined below. The owner of each of the Properties shall provide written
notice to the other party of any significant events or decisions known to the owner and reasonably
expected to affect one or more of the Properties.
7. In accordance with this Agreement, and as a result of the above conveyances, the
parties shall hold title to each of the Properties as follows: —
(a) The City of Fort Collins: an undivided 50.00% interest; and
(b) Larimer County: an undivided 50.00% interest.
8. In the event all or any portion of the Properties is sold, exchanged, transferred or
otherwise disposed of, the net proceeds from such disposition shall be divided between the parties
in the same proportion as their ownership interest. In the event that all or any portion of the
Properties is taken by eminent domain,the costs and proceeds of such condemnation shall be shared
proportionally by the parties consistent with their ownership interest in the Properties.
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9. Because the Properties were, or will be, acquired in whole or in part with sales tax
revenues generated by the Larimer County "Help Preserve Open Spaces Initiative," any sale,
exchange, transfer or disposition of all or any portion of the Properties shall be subject to all the
provisions of Board of County Commissioners Resolution No. R95-123g(Exhibit H) and the "Help
Preserve Open Spaces Initiative" (Exhibit 1), specifically including numbered paragraphs 20 and 21
of the Initiative.
10. Because the Properties were, or will be, acquired in whole or in part with sales tax
revenues generated by the City of Fort Collins "Building Community Choices" sales tax, any sale,
exchange, transfer or disposition of all or any portion of the Properties shall be subject to the
provisions of Section 25-75(a) of the Code of the City of Fort Collins (Exhibit J), and any other
restrictions applicable to the use of such sales tax receipts at the time of receipt by the City.
11. In the event one of the parties desires to sell all or any portion of its interest in the
Properties and the other party does not, the parties agree to negotiate in good faith to resolve the
issue prior to undertaking any litigation. Any such conveyance shall be subject to the terms of any
existing encumbrances, restrictions or conditions applicable to the conveyed property, including
without limitation the tetras of the City's acquisition of Tract F from the State Land Board and
related agreements. In addition, in the event one of the parties desires to sell all or any portion of
its interest in the Properties and the other party does not, the party desiring to sell hereby grants to
the party not desiring to sell the option to purchase such interest in the Properties for the proportional
share of the fair market value of the Properties,as determined by an appraiser selected by the parties.
. Unless exercised, the option granted to the party not desiring to sell shall expire two (2) years after
the effective date (as provided in paragraph D.5, below) of written notice of the selling party's
determination to sell its such interest in the Properties.
C. Management of the Pro ep rties
1. Latimer County shall be the Managing Entity and shall be responsible for the
management of the Properties in accordance with the Management Plan described hereinbelow. In
the event all of the Properties are annexed into the City of Fort Collins, the City shall upon such
annexation become the Managing Entity, and the City shall be responsible for all obligations of the
Managing Entity herein described.
2. The parties agree that the Properties shall be managed in accordance with the Fossil
Creek Reservoir Resource Management Plan,dated October,2000 (the"Management Plan"). In the
event the parties determine that modifications to the Management Plan are necessary or appropriate,
such changes may be made by agreement of the City Manager and County Manager. If all or any
portion of the Properties is subject to leases, deeds of trust or other legal restrictions, including
without limitation the terms of the City's acquisition of Tract F from the State Land Board and
related agreements, it shall be managed in accordance therewith. New encumbrances that may be
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granted or imposed in the future on the Properties, such as easements or rights of way, shall be
addressed in the next subsequent revisions of the Management Plan, and shall be subject to the
approval of the governing bodies of the parties,each in their sole discretion.
6. In the event of emergency or unusual circumstances requiring immediate response,
the Latimer County shall be entitled to use reasonable discretion in responding to such
circumstances, regardless of the expressed terms of the Management Plan,provided that reasonable
efforts are made to consult with the non-managing party regarding the proper course of action.
7. The Management Plan identifies various improvements to be made to the Properties,
including, without limitation, such items as Recreational Improvements, Landscape Improvements,
and Habitat Improvements. Larimer County shall be responsible for the costs associated with
implementing the various improvements to the Properties.
8. The Management Plan identifies the location of a Regional Trail to be constructed
on the Properties at a future date. The City of Fort Collins shall be responsible for the costs
associated with the design, construction and maintenance of the Regional Trail. Latimer County
shall be responsible for the costs of patrol and enforcement of the Regional Trail and the use by that
Trail of the general public, consistent with regulations to be developed in consultation with the City.
9. Larimer County shall be responsible for the management costs associated with the
Properties. "Management costs" shall be defined to include normal and customary expenses
associated with day-to-day use and operation of the Properties.
10. Other liabilities and extraordinary costs shall be defined to include those costs that
are not associated with site improvements, the regional trail, or management. Any liabilities or
extraordinary costs related to the use, possession or ownership of the Properties shall be shared by
the parties in proportion to their ownership interest in the Properties; provided, however, that in the
event such liability or extraordinary costs arise solely or in part from the negligent acts or omissions
of one party, the negligent party shall be responsible for such liability or extraordinary cost
attributable to its negligent acts or omissions.
11. Any revenues generated by the Properties shall be retained by Larimer County for use
only for the cost of management of the Properties for the current or future years; provided, however,
that the Management Plan may provide that any accumulated revenues not needed for current or
reasonably anticipated future management costs may be used for improving the Properties.
12. Larimer County shall make diligent efforts to acquire any interest in the Properties
created by that certain recreational lease between North Poudre Irrigation Company and Luther E.
Harris, for an amount mutually agreeable to the parties hereto, the expense of which shall be shared
equally by the parties hereto.
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• 13. Larimer County shall make diligent efforts to acquire, at the County's sole expense,
the interest of William Q. Jaeger, or his successors-in-interest, in that certain State Board of Land
Commissioners ("State Board") Conservation Reserve Program Lease of State Trust Lands dated
October 1, 1997, by and between the State Board and William Q. Jaeger and appurtenant to Tract
F.
D. Miscellaneous Provisions.
1. This Agreement may not be assigned by either party without the prior written consent
of the other party.
2. This Agreement shall be binding upon and inure to the benefit of the parties'
respective successors and permitted assigns.
3. Financial obligations of the parties payable after the current fiscal year are contingent
upon the governing bodies of the parties, in their discretion, appropriating the necessary funds
therefor.
4. Nothing in this Agreement waives the immunities , limits of liability, or other terms
and conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended.
5. Any notices required or permitted to be given shall be in writing and personally
delivered to the office of the parties of by first class mail, postage prepaid, as follows:
To Larimer County:
K-Lynn Cameron, Open Lands Manager
Larimer County Parks and Open Lands Department
1800 South County Road 31
Loveland, Colorado 80537-9638
To the City of Fort Collins:
Tom Shoemaker, Natural Resources Director
City of Fort Collins
Department of Natural Resources
281 North College Avenue
Fort Collins, Colorado 80521
Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually
received, or (ii) in the case of first class mail, the third day following deposit in the United States
mail, postage prepaid, addressed as set forth above. Any party may change these persons or
addresses by giving notice as required above.
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6. This Agreement shall be effective upon the date of the last party to sign.
CITY OF FORT COLLINS, COLORADO
Dated: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
LARIMER COUNTY, COLORADO
Dated: By:
Chair, Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk County Attorney
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