HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2002 - ITEMS RELATING TO CONSERVATION EASEMENTS ON NATURA AGENDA ITEM SUMMARY ITEM NUMBER: 17 A-C
DATE: November 5, 2002
FORT COLLINS CITY COUNCIL Edith Felchle
STAFF: Michelle Pawar
SUBJECT:
Items Relating to Conservation Easements on Natural Areas for the Great Outdoors Colorado
Legacy Project.
RECOMMENDATION:
Staff and the Natural Resources Advisory Board recommend adoption of the Ordinances on First
Reading.
FINANCIAL IMPACT:
Great Outdoors Colorado (GOCO) has awarded grant funds as follows:
Nix Natural Area: $394,500;
Cattail Chorus Natural Area: $135,000; and
McMurry Annex/Ackerman Court: $242,500.
Failure to adopt the Ordinances will result in loss of these grant monies.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 158, 2002, Authorizing the Conveyance to Legacy Land
Trust of a Conservation Easement on Nix Natural Area to Meet Great Outdoors Colorado
Grant Requirements.
B. First Reading of Ordinance No. 159, 2002, Authorizing the Conveyance to Legacy Land
Trust of a Conservation Easement on Cattail Chorus Natural Area to Meet Great Outdoors
Colorado Grant Requirements.
C. First Reading of Ordinance No. 160, 2002, Authorizing the Conveyance to Legacy Land
Trust of a Conservation Easement on the McMurry Annex/Ackerman Court Natural Area
Property to Meet Great Outdoors Colorado Grant Requirements.
Nix Natural Area, Cattail Chorus Natural Area, and McMurry Annex/Ackerman Court are part of
the Poudre/Big Thompson GOCO Legacy Project. The properties were purchased by the City of
Fort Collins since GOCO awarded the Legacy grant in 1996. GOCO awarded grant funds within
the Poudre/Big Thompson Legacy Project to assist in the purchase of these (and other) properties.
GOCO places several requirements on the landowners. These requirements include, but are not
limited to, a requirement that each property be subject to a conservation easement held by a land
ovem er ,
DATE: ITEM NUMBER:
trust. These conservation easements meet that requirement and stipulate the various conditions
required by GOCO. GOCO will not release the grant funds without these signed Conservation
Easements. Upon execution and recording of the Conservation Easements, GOCO will reimburse
the City a total of$772,000 (Nix Natural Area: $394,500; Cattail Chorus Natural Area: $135,000;
McMurry Annex/Ackerman Court: $242,500). GOCO has agreed to include the City's acquisition
of Kingfisher Point Natural Area as part of the City's local match for the grant, allowing for a
relatively high percentage of grant funding for the three properties affected by these Ordinances.
The Natural Resources Advisory Board, at its October 2,2002 meeting,recommended approval of
the Ordinances.
Maps showing each of the properties affected by the Ordinances are attached.
ORDINANCE NO. 158, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO
LEGACY LAND TRUST OF A CONSERVATION EASEMENT
ON NIX NATURAL AREA TO MEET GREAT OUTDOORS COLORADO
GRANT REQUIREMENTS
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 GOCO Board has created_a statewide Legacy Project Grant Program
designed to further wildlife programs through the Colorado Division of Wildlife("DOW");outdoor
recreation programs through the Colorado Division of Parks and Outdoor Recreation ("DPOR");
open space and natural areas programs through the DPOR, DOW, municipalities, counties, or
nonprofit land conservation entities; and local government open space, trails and other outdoor
recreation facilities; and
WHEREAS, the goal of the Legacy Project Grant Program is to bring together public and
. private organizations in a spirit of cooperation and with a common goal to complete projects of state-
wide benefit; and
WHEREAS, in 1996, the City of Fort Collins, City of Greeley, City of Loveland, Estes
Valley Park and Recreation District,Larimer County,Town of Windsor,Weld County, the Nature
Conservancy, Poudre River Trail Corridor, Inc., DOW, and DPOR submitted a detailed project
application to the GOCO Board for the completion of the project entitled the Poudre-Big Thompson
Rivers Legacy Project, which was approved by the GOCO Board in the amount of$3,400,000, on
October 23, 1996 (the"Phase I Grant"); and
WHEREAS, in September 1998, the Council adopted Resolution 98-128, authorizing the
City Manager to enter into the Poudre-Big Thompson Rivers Legacy Project Grant Agreement with
the GOCO Board, together with the City of Greeley, City of Loveland, Estes Valley Park and
Recreation District,Larimer County,Town of Windsor,Weld County,the Nature Conservancy,and
Poudre River Trail Corridor,Inc.,regarding the Phase I Grant,together with a related Memorandum
of Understanding amongst the grant partners; and
WHEREAS, in early 1999, the City, together with the City of Greeley, City of Loveland,
Estes Valley Park and Recreation District, Larimer County, Poudre River Trail Corridor, Inc., and
the Colorado Division of Parks and Outdoor Recreation, submitted an application for additional
funds from the GOCO Board to supplement those funds previously granted for the Phase I Grant and
to provide for the completion of additional riparian corridor protection, trail construction, and
environmental learning center site improvements, which was approved by the GOCO Board in the
additional amount of up to $2,500,000 in May 1999 (the "Phase II Grant"); and
WHEREAS, on January 18, 2000, the Council adopted Resolution 2000-14, authorizing
amendments to the existing grant and related agreements to include the Phase II Grant; and
WHEREAS,the Phase I Grant and the Phase U Grant,collectively referred to as the"Legacy
Grant Project",provide for reimbursement to participating grant recipients for a portion of the cost
of acquiring open space or natural area properties,consistent with the work plan for the Legacy Grant
Project; and
WHEREAS, in 1996, the City of Fort Collins acquired approximately 30.6 acres of land
located east of Lemay Avenue and south of Mulberry Avenue, and known as Nix Natural Area, for
the purchase price of$475,515; and
WHEREAS,the City has since redeveloped existing buildings and infrastructure located at
the Nix Natural Area for the operation of the Natural Areas program; and
WHEREAS,City staff,in consultation with the staff of the GOCO Board,has identified the
undeveloped portion of the Nix Natural Area,constituting 24.94 acres,as more particularly described
on Exhibit"A", attached hereto and incorporated herein by this reference (the"Property"), as land
for which aportion of acquisition costs,in the amount of$394,500,may appropriately be reimbursed
under the Legacy Grant Project;
WHEREAS, the GOCO Board has agreed to include the City's acquisition of Kingfisher
Point Natural Area as part of the City's local match for the grant, allowing for a relatively high
percentage of grant funding for the Property; and
WHEREAS, as a requirement of the grant, the owner of the Property must convey to an
approved third party, in this instance the Legacy Land Trust, a conservation easement intended to
protect the Property from uses contrary to the purposes of the Legacy Grant Project; and
WHEREAS, staff has negotiated with the staff of the GOCO Board and the Legacy Land
Trust certain conservation easement terms and conditions to which the Property shall upon
conveyance be subject,a copy of which conservation easement,dated October 2,2002,is on file in
the Office of the City Clerk and available for public inspection(the"Conservation Easement");and
WHEREAS,the objectives of the Natural Areas Policy Plan adopted by the Council as part
of the City's Comprehensive Plan in Resolution 92-156, and referenced in City Plan, include
establishing a system of publicly-owned natural areas to protect the integrity of critical conservation
sites,protecting corridors between natural areas,preserving outstanding examples of Fort Collins'
diverse natural heritage and providing a broad range of opportunities for educational, interpretive
and recreational programs to meet community needs; and
. WHEREAS, protection of the Property as required in the Conservation Easement and the
terms and conditions set forth therein is consistent with the goals and objectives of the Natural Areas
Policy Plan and with the City Structure Plan; and
WHEREAS, under Section 23-1 11 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 Property to Legacy
Land Trust is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Conservation Easement in
substantially the form for the same dated October 2,2002,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 5th day of
• November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D.
2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of November,A.D. 2002.
Mayor
ATTEST:
. City Clerk
EXHIBIT "A" (Page 1 of 3)
PARCELI
A tract of land situate in the East ''/: of Section 18, Township 7 North, Range 68 West, of the
Sixth P.M., Larimer County, Colorado, which, considering the east line of said Section 18 as
bearing S 00000'00"E, and with all bearings contained herein relative thereto, is contained within
the boundary lines which begin at a point which bears N 00'00'00" W 2989.85 feet, and again N
82025'00" W 1249.40 feet,and again N 07°27'00 W 520.70 feet, and again N 68011100" W
758.68 feet, and again S 89°16'34" W 84.27 feet, and again S 66°18'55" W 59.52 feet from the
Southeast corner of said Section 18, and run thence S 10°33'09" W 269.78 feet. thence S
28°21'36" W 114.00 feet; thence S 01°07'17 W 110.55 feet; thence S 13°10'08" W 132.66 feet;
thence S 24°02'08" W 55.06 feet to the northerly line of the Poudre Trail; thence along said
northerly line S 77029'43" W 17.00 feet, and again S 21649134" W 39.26 feet, and again along the .
arc of a 25.00 foot radius curve to the right a distance of 21.99 feet, the long chord of which
bears S 47*01'24" W 21.29 feet, and again S 72*13'13" W 135.73 feet, and again along the arc of
a 175.00 foot radius curve to the right a distance of 151.72 feet, the long chord of which bears N
82056'37" W 147.01 feet, and again N 58006'26" W 87.43 feet to the north-south centerline of
said Section 18; thence along said north- south centerline N 00°03'02" E 185.96 feet; thence S
66038'10" E 180.77 feet; thence N 41*11'00" E 124.14 feet; thence N 11'37'47" E 152.53 feet;thence N 14038'53" E 237.29 feet; thence N 57004'50" E 185.17 feet to the point of beginning,
containing 3.3 acres more or less, and being subject to all easements and rights-of-way which are
existing or are of record.
PARCEL2
A tract of land situate in the East %: of Section 18, Township 7 North,.Range 68 West, of the
Sixth P.M., Larimer County, Colorado,which, considering the east line of said Section 18 as
bearing S 00000'00: .E, and with all bearings contained herein relative thereto, is contained within
the boundary lines which begin at a point which bears N 00100'00" W 2989.85 feet,and again N
82°25'00" W 1249.40 feet, and again N 82°25'00" W 30.84 feet from the Southeast comer of said
Section 18, and run thence S 01*57'11" E 264.69 feet; thence S 05°09'54" W 299.23 feet; thence
S 06042'45" E 239.98 feet; thence S 32°46'58" E 143.59 feet; thence S 57°43'38" E 245.32 feet;
thence S 14034'41" E 137.00 feet; thence S 03034'42" E 287.83 feet; thence S 1304732" E 249.42
feet; thence S 19°21'06" W 88.21 feet to the northerly right-of-way line of the Burlington-
Northern Railroad;thence along said northerly right-of-way line N 18°14'36" W 91.29 feet,and
again on the chord of a spiral curve to the left,N 19015'07" W'152.60 feet, and again along the
are of a 1482.29 foot radius curve to the left a distance of 1180.60 feet, the long chord of which
bears N 44003`53" W 1149.63 feet, and again on the chord of a spiral curve to the left,N
68052'40" W 152.60 feet, and again N 69053'11" W 779.29 feet to the north- south centerline of
said Section 18; thence along said north-south centerline,N 00°03'02" E 441.15 feet to the
southerly line of the Poudre Trail; thence along said southerly line, S 58°06'26" E 56.38 feet, and
again along the arc of a 225.00 foot radius curve to the left a distance of 195.06 feet,the long
chord of which bears S 82°56'37" E 189.01 feet, and again N 72*13'13" E 135.73 feet, and again
along the arc of a 75.00 foot radius curve to the left a distance of 65.97 feet, the long chord of
which bears N 47001'23"E 63.86 feet, and again along the arc of a 25.00 foot radius curve to the
EXHIBIT "A" (Page 2 of 3)
right a distance of 24.29 feet,the long chord of which bears N 49°39'38" E 23.35 feet, and again
N 77°29'43" E 443.42 feet, and again along the arc of a 75.00 foot radius curve to the left a
distance of 44.94 feet, the long chord of which bears N 60019'40" E 44.27 feet; thence leaving
said southerly line, S 69°32'35" E 139.30 feet; thence S 83°23'32" E 167.90 feet; thence S
78013'34" E 132.48 feet; thence S 26°36'22" E 104.04 feet to the point of beginning, containing
27.5 acres, more or less, and being subject to all easements and rights-of-way which are existing
or are of record.
LESS AND EXCEPTING THEREFROM THE FOLLOWING:
A TRACT OF LAND SITUATE N THE EAST 112 OF SECTION l8,TOWNSHIP 7 NORTH,RANGE 68
WEST, OF THE SIXTH P.M., LARIMER COUNTY, COLORADO,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 18,BEING
MONUMENTED AT THE SOUTH END BY A 3 NCH ALUMINUM CAP STAMPED""LS 20123,RA
BRADSHAW"AND AT THE NORTH END BY A 2 %:NCH ALUMINUM CAP STAMPED MS 17497,
CITY OF FORT COLLINS"IS ASSUMED TO BEAR S00°09'22"W WITH A DISTANCE OF 2652.20 FEET
BETWEEN DESCRIBED MONUMENTS,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13,THENCE N00009'22"E ON THE
EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18 AND THE PROLONGATION
THEREOF,A DISTANCE OF 2989.85 FEET;THENCE N82015'38"W,A DISTANCE OF 1280.24 FEET TO
AN ANGLE POINT N THE BOUNDARY OF LOT 1,ND{FARM NATURAL AREAS FACILITY,SAID
ANGLE POINT BEING MARKED BY A REBAR WITH AN ORANGE PLASTIC CAP,MARKED LS 5028,
STEWART AND ASSOC.",AND THE POINT OF BEGINNING.
THENCE S01048'16"E ON SAID BOUNDARY,A DISTANCE OF 114.97 FEET;
THENCE N87033'26"W,A DISTANCE OF 49.74 FEET;
THENCE S020 19'07"E,A DISTANCE OF 47.70 FEET;
THENCE S38011'44"W,A DISTANCE OF 76.54 FEET;
THENCE SO1°44'22"E,A DISTANCE OF 73.93 FEET;
THENCE S70050'58"W,A DISTANCE OF 77.86 FEET,TO A PONT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 99.00 FEET,A
DELTA OF 35047'19",AN ARC DISTANCE OF 61.84 FEET,WITH THE CHORD OF SAID CURVE
BEARING S01015'22"E AND HAVING A LENGTH OF 60.84 FEET;
THENCE S25050'16"E,A DISTANCE OF 132.13 FEET;
THENCE S21056'45"W,A DISTANCE OF 49.71 FEET,TO A PONT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 96.00 FEET,A DELTA
OF 1802011",AN ARC DISTANCE-OF 30.73 FEET,WITH THE CHORD OF SAID CURVE BEARING
N770 13'31"W AND HAVING A LENGTH OF 30.60 FEET,TO A PONT OF TANGENCY;
THENCE N8602346"W,A DISTANCE OF 17.40 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE LEFT,HAVING A RADIUS OF 11.00 FEET,A DELTA OF 9104706",AN
ARC DISTANCE OF 17.62 FEET,WITH THE CHORD OF SAID CURVE BEARING S47042'4I"W AND
HAVING A LENGTH OF 15.80 FEET,TO A POINT OF TANGENCY;
THENCE S01°49'08"W,A DISTANCE OF 222.00 FEET;
THENCE S82045'50"E,A DISTANCE OF 43.24 FEET;
THENCE S37045'50"E,A DISTANCE OF 69.89 FEET;
THENCE S350-45'01"W,A DISTANCE OF 154.05 FEET,TO THE NORTHERLY RIGHT-OF-WAY OF THE
GREAT WESTERN RAILROAD(FORMERLY KNOWN AS BURLNGTON NORTHERN RAILROAD);
THENCE ON SAID NORTHERLY RIGHT-OF-WAY ON A CURVE TO THE LEFT,SAID CURVE
HAVING A RADIUS OF 1482.29 FEET,A DELTA OF 04005'04",AN ARC DISTANCE OF 105.67 FEET,
WITH THE CHORD OF SAID CURVE BEARING N5601T3I"W AND HAVING A LENGTH OF 105.64
FEET;
EXHIBIT "A" (Page 3 of 3)
THENCE N00000'00"W,A DISTANCE OF 137.67 FEET;
THENCE N90000100"W,A DISTANCE OF 203.77 FEET;
THENCE N00°00'00"W,A DISTANCE OF 36.23 FEET,TO A POINT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 90.00 FEET,A
DELTA OF 81049'57",AN ARC DISTANCE OF 128.54 FEET,WITH THE CHORD OF SAID CURVE
BEARING N50°26'15"W AND HAVING A LENGTH OF 117.89 FEET,TO A POINT OF TANGENCY;
THENCE N09_31'16"W,A DISTANCE OF 131.22 FEh-T,TO A POINT OF CURVATURE; _
THENCE ON A CURVE TO THE LEFT,HAVING A RADIUS OF 45.00 FEET,A DELTA OF 89*59-59",AN
ARC DISTANCE OF 70.69 FEET,WITH THE CHORD OF SAID CURVE BEARING N54°31'15"W AND
HAVING A LENGTH OF 63.64 FEET;
THENCE N09"31'16"W,A DISTANCE OF 30.00 FEET; .
THENCE N80028'44"E,A DISTANCE OF 107.76 FEET,TO A POM OF CURVATURE;
THENCE ON A CURVE TO THE LEFT, HAVING A RADIUS OF 261.34 FEET,A DELTA OF 42°45'52",
AN ARC DISTANCE OF 195.06 FEET,WITH THE CHORD OF SAID CURVE BEARING N59°05'48"E
AND HAVING A LENGTH OF 190.56 FEET,TO A POINT OF REVERSE CURVATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS OF 100.00 FEET,A DELTA OF 28-21-33",
AN ARC DISTANCE OF 49.50 FEET,WITH THE CHORD OF SAID CURVE BEARING N51°53'39"E AND
HAVING A LENGTH OF 48.99 FEET,TO A POINT OF TANGENCY;
THENCE N66004'25"E,A DISTANCE OF 52.20 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE LEFT,HAVING A RADIUS OF 50.00 FEET,A DELTA OF 16036-06",AN
ARC DISTANCE OF 14.49 FEET,WITH THE CHORD OF SAID CURVE BEARING N57°46'22"E AND
HAVING A LENGTH OF 14.44 FEET,TO A POINT OF REVERSE CURVATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS OF 29.43 FEET,A DELTA OF 120.00-02",
AN ARC DISTANCE OF 61.64 FEET,WITH THE CHORD OF SAID CURVE BEARNG S7003T40"E AND
HAVING A LENGTH OF 50.98 FEET;
THENCE S60005'29"E,A DISTANCE OF 20.78 FEET;
THENCE N29°54'31"E,A DISTANCE OF 51.35 FEET;
THENCE N16059'10"W,A DISTANCE OF 68.21 FEET,TO A POINT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 40.00 FEET,A
DELTA OF 72045'57",AN ARC DISTANCE OF 50.80 FEET,WITH THE CHORD OF SAID CURVE
BEARING N62018'14"W AND HAVING A LENGTH OF 47.45 FEET,TO A POINT OF TANGENCY;
THENCE N25055'16"W,A DISTANCE OF 1454 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS OF 40.00 FEET,A DELTA OF 99°35'22." .
AN ARC DISTANCE OF 69.53 FEET,WITH THE CHORD OF SAID CURVE BEARING N23°5275"E AND
HAVING A LENGTH OF 61.10 FEET,TO A POINT OF TANGENCY;
THENCE N73040'06"E,A DISTANCE OF 25,06 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS OF 206.59 FEET,A DELTA OF 34°4243",
AN ARC DISTANCE OF 125.16 FEET,WITH THE CHORD OF SAID CURVE BEARING S88058'33"E
AND HAVING A LENGTH OF 123.26 FEET;
THENCE N68'5741"E,A DISTANCE OF 103.62 FEET,TO THE NORTHEASTERLY BOUNDARY OF
SAID LOT 1,NIX FARM NATURAL AREAS FACILITY:
THENCE S26°27'27"E ON SAID NORTHEASTERLY BOUNDARY,A DISTANCE OF 50.54 FEET,TO
THE POINT OF BEGINNING,
• CONTAINING A CALCULATED AREA OF 5.860 ACRES.
ORDINANCE NO. 159, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO
LEGACY LAND TRUST OF A CONSERVATION EASEMENT
ON CATTAIL CHORUS NATURAL AREA TO MEET
GREAT OUTDOORS COLORADO GRANT REQUIREMENTS
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 GOCO Board has created_a statewide Legacy Project Grant Program
designed to further wildlife programs through the Colorado Division of Wildlife("DOW");outdoor
recreation programs through the Colorado Division of Parks and Outdoor Recreation ("DPOR");
open space and natural areas programs through the DPOR, DOW, municipalities, counties, or
nonprofit land conservation entities; and local government open space, trails and other outdoor
recreation facilities; and
WHEREAS, the goal of the Legacy Project Grant Program is to bring together public and
private organizations in a spirit of cooperation and with a common goal to complete projects of state-
wide benefit; and
WHEREAS, in 1996, the City of Fort Collins, City of Greeley, City of Loveland, Estes
Valley Park and Recreation District, Latimer County,Town of Windsor, Weld County, the Nature
Conservancy, Poudre River Trail Corridor, Inc., DOW, and DPOR submitted a detailed project
application to the GOCO Board for the completion of the project entitled the Poudre-Big Thompson
Rivers Legacy Project, which was approved by the GOCO Board in the amount of$3,400,000, on
October 23, 1996 (the "Phase I Grant"); and
WHEREAS, in September 1998, the Council adopted Resolution 98-128, authorizing the
City Manager to enter into the Poudre-Big Thompson Rivers Legacy Project Grant Agreement with
the GOCO Board, together with the City of Greeley, City of Loveland, Estes Valley Park and
Recreation District,Latimer County,Town of Windsor,Weld County,the Nature Conservancy,and
Poudre River Trail Corridor,Inc.,regarding the Phase I Grant,together with a related Memorandum
of Understanding amongst the grant partners; and
WHEREAS, in early 1999, the City, together with the City of Greeley, City of Loveland,
Estes Valley Park and Recreation District, Larimer County,Poudre River Trail Corridor, Inc., and
the Colorado Division of Parks and Outdoor Recreation, submitted an application for additional
funds from the GOCO Board to supplement those funds previously granted for the Phase I Grant and
to provide for the completion of additional riparian corridor protection, trail construction, and
environmental learning center site improvements, which was approved by the GOCO Board in the
additional amount of up to$2,500,000 in May 1999 (the "Phase II Grant"); and
WHEREAS, on January 18, 2000, the Council adopted Resolution 2000-14, authorizing
amendments to the existing grant and related agreements to include the Phase II Grant; and
WHEREAS,the Phase I Grant and the Phase II Grant,collectively referred to as the"Legacy
Grant Project",provide for reimbursement to participating grant recipients for a portion of the cost
of acquiring open space or natural area properties,consistent with the work plan for the Legacy Grant
Project; and
WHEREAS,in 1996,the City of Fort Collins purchased an undivided 32% interest in 98.29
acres of land located between Mulberry Avenue and Prospect Road to the east and west adjacent to
what would later be constructed as Timberline Road, for the purchase price of $400,000, and
accepted the donation of the additional 68%undivided interest in that property; and
WHEREAS,since 1996,the City has used 4.2 acres of said property as part of the extension
of Timberline Road north from Prospect Road, in exchange for the payment of $46,000 to the
appropriate natural areas fund,and in addition has designated the remainder of that property as two
separate natural areas, Kingfisher Point Natural Area and Cattail Chorus Natural Area; and
WHEREAS, City staff, in consultation with the staff of the GOCO Board, has identified
Cattail Chorus Natural Area,constituting 34.48 acres,as more particularly described on Exhibit"A",
attached hereto and incorporated herein by this reference (the "Property"), as land for which a
portion of acquisition costs,in the amount of$135,000,may appropriately be reimbursed under the
Legacy Grant Project; and
WHEREAS, the GOCO Board has agreed to include the City's acquisition of Kingfisher
Point Natural Area as part of the City's local match for the grant, allowing for a relatively high
percentage of grant funding for the Property; and
WHEREAS, as a requirement of the grant, the owner of the Property must convey to an
approved third party, in this instance the Legacy Land Trust, a conservation easement intended to
protect the Property from uses contrary to the purposes of the Legacy Grant Project; and
WHEREAS, staff has negotiated with the staff of the GOCO Board and the Legacy Land
Trust certain conservation easement terms and conditions to which the Property shall upon
conveyance be subject,a copy of which conservation easement,dated October 2,2002,is on file in
the Office of the City Clerk and available for public inspection(the"Conservation Easement");and
WHEREAS,the objectives of the Natural Areas Policy Plan adopted by the Council as part
of the City's Comprehensive Plan in Resolution 92-156, and referenced in City Plan, include
establishing a system of publicly-owned natural areas to protect the integrity of critical conservation
sites,protecting corridors between natural areas,preserving outstanding examples of Fort Collins'
• diverse natural heritage and providing a broad range of opportunities for educational, interpretive
and recreational programs to meet community needs; and
WHEREAS, protection of the Property as required in the Conservation Easement and the
terms and conditions set forth therein is consistent with the goals and objectives of the Natural Areas
Policy Plan and with the City Structure Plan; 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 the conveyance of the Conservation Easement on the Property to Legacy
Land Trust is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Conservation Easement in
substantially the form for the same dated October 2,2002,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 5th day of
November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D.
2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of November, A.D. 2002.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF
FORT COLLINS, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID
SECTION 17, BEING MONUMENTED AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP
STAMPED "PLS 20123 R.A. BRADSHAW", SET 1/2" BELOW ROAD SURFACE, IN A RANGE
BOX AND ON-LINE TO THE NORTH BY A 1/2" REBAR WITH FADED ORANGE PLASTIC
CAP STAMPED "STEWART&ASSOC. 5028" (ALSO BEING THE NORTHWEST CORNER
OF THE PLAT OF NEENAN OFFICE BUILDING II) IS ASSUMED TO BEAR N00°02'15"W,
WITH A DISTANCE OF 850.00 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 17;
THENCE N00002'15"W ON SAID EAST LIME, A DISTANCE OF 647.34 FEET;
THENCE S89057'45"W,A DISTANCE OF 30.00 FEET TO THE WESTERLY LINE OF THAT
PARCEL DESCRIBED IN BOOK 2056, PAGE 30,RECORDS OF LARIMER COUNTY, AND TO
THE POINT OF BEGINNING;
THENCE N00002'34"W ON SAID WESTERLY LINE,A DISTANCE OF 490.45 FEET TO THE
SOUTHWESTERLY LINE OF PARCELS A,B, AND D AS DESCRIBED IN DOCUMENT
RECORDED AT RECEPTION NUMBER 85009713,RECORDS OF LARIMER COUNTY;
THENCE ON SAID SOUTHWESTERLY LINE,THE FOLLOWING FOUR(4) COURSES:
1. N52°53'22"W, A DISTANCE OF 537.22 FEET;
.2. N73025'1I"W, A DISTANCE OF 63.85 FEET;
3. N60021'45"W,A DISTANCE OF 136.18 FEET;
4. N54°19'15"W, A DISTANCE OF 66.41 FEET, TO A NON-TANGENT CURVE;
THENCE ON THE ARC OF CURVE TO THE RIGHT HAVING A DELTA OF 25°1246",A
RADIUS OF 200.00 FEET, A DISTANCE OF 88.01 FEET,THE CHORD OF WHICH BEARS
N53057'54"W A DISTANCE OF 87.30 FEET;
THENCE N41017-3I"W,A DISTANCE OF 321.21 FEET;
THENCE S7805141"W, A DISTANCE OF 69.90 FEET;
THENCE N8402828"W,A DISTANCE OF 147.84 FEET;
THENCE N87°47'13"W,A DISTANCE OF 383.48 FEET;
THENCE S00006'5 VW,A DISTANCE OF 1023.67 FEET TO THE BOUNDARY OF SAID
PARCEL DESCRIBED AT BOOK 2056, PAGE 30,RECORDS OF LARIMER COUNTY;
THENCE S55041'21"E ON SAID BOUNDARY,A DISTANCE OF 318.94 FEET;
THENCE S84046'26"E,A DISTANCE OF 528.96 FEET;
THENCE S86017'28"E,A DISTANCE OF 703.88 FEET TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 93050-45",A
RADIUS OF 50.00 FEET,A DISTANCE OF 81.90 FEET,THE CHORD OF WHICH BEARS
N46045'1 I"E A DISTANCE OF 73.04 FEET,TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 34.484 ACRES.
i
CAWOrd d0c1CATfA1LCH0RUS LEGAL.dac
Page i of 1
ORDINANCE NO. 160, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO
LEGACY LAND TRUST OF A CONSERVATION EASEMENT
ON THE MCMURRY ANNEX/ACKERMAN COURT NATURAL AREA PROPERTY
TO MEET GREAT OUTDOORS COLORADO GRANT REQUIREMENTS
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 GOCO Board has created a statewide Legacy Project Grant Program
designed to further wildlife programs through the Colorado Division of Wildlife("DOW");outdoor
recreation programs through the Colorado Division of Parks and Outdoor Recreation ("DPOR");
open space and natural areas programs through the DPOR, DOW, municipalities, counties, or
nonprofit land conservation entities; and local government open space, trails and other outdoor
recreation facilities; and
WHEREAS, the goal of the Legacy Project Grant Program is to bring together public and
private organizations in a spirit of cooperation and with a common goal to complete projects of state-
wide benefit; and
WHEREAS, in 1996, the City of Fort Collins, City of Greeley, City of Loveland, Estes
Valley Park and Recreation District, Latimer County,Town of Windsor,Weld County, the Nature
Conservancy, Poudre River Trail Corridor, Inc., DOW, and DPOR submitted a detailed project
application to the GOCO Board for the completion of the project entitled the Poudre-Big Thompson
Rivers Legacy Project, which was approved by the GOCO Board in the amount of$3,400,000, on
October 23, 1996 (the "Phase I Grant"); and
WHEREAS, in September 1998, the Council adopted Resolution 98-128, authorizing the
City Manager to enter into the Poudre-Big Thompson Rivers Legacy Project Grant Agreement with
the GOCO Board, together with the City of Greeley, City of Loveland, Estes Valley Park and
Recreation District,Latimer County,Town of Windsor,Weld County,the Nature Conservancy,and
Poudre River Trail Corridor,Inc.,regarding the Phase I Grant,together with a related Memorandum
of Understanding amongst the grant partners; and
WHEREAS, in early 1999, the City, together with the City of Greeley, City of Loveland,
Estes Valley Park and Recreation District, Latimer County, Poudre River Trail Corridor, Inc., and
the Colorado Division of Parks and Outdoor Recreation, submitted an application for additional
funds from the GOCO Board to supplement those funds previously granted for the Phase I Grant and
to provide for the completion of additional riparian corridor protection, trail construction, and
•
environmental learning center site improvements, which was approved by the GOCO Board in the
additional amount of up to $2,500,000 in May 1999 (the "Phase II Grant"); and
WHEREAS, on January 18, 2000, the Council adopted Resolution 2000-14, authorizing
amendments to the existing grant and related agreements to include the Phase II Grant; and
WHEREAS,the Phase I Grant and the Phase lI Grant,collectively referred to as the"Legacy
Grant Project",provide for reimbursement to participating grant recipients for a portion of the cost
of acquiring open space or natural area properties,consistent with the work plan for the Legacy Grant
Project; and
WHEREAS, in 1998, the City of Fort Collins acquired approximately 17.5 acres of land
located north of the Cache La Poudre River to the east of Shields Street, and referred to as the
McMurry Annex/Ackerman Court Property,as more particularly described on Exhibit"A",attached
hereto and incorporated herein by this reference(the"Property"),for the purchase price of$250,000;
and
WHEREAS,City staff,in consultation with the staff of the GOCO Board,has identified the
Property as land for which a portion of acquisition costs, in the amount of $242,500, may
appropriately be reimbursed under the Legacy Grant Project; and
WHEREAS, the GOCO Board has agreed to include the City's acquisition of Kingfisher
Point Natural Area as part of the City's local match for the grant, allowing for a relatively high
percentage of grant funding for the Property; and
WHEREAS, as a requirement of the grant, the owner of the Property must convey to an
approved third party, in this instance the Legacy Land Trust, a conservation easement intended to
protect the Property from uses contrary to the purposes of the Legacy Grant Project; and
WHEREAS, staff has negotiated with the staff of the GOCO Board and the Legacy Land
Trust certain conservation easement terms and conditions to which the Property shall upon
conveyance be subject,a copy of which conservation easement,dated October 2,2002,is on file in
the Office of the City Clerk and available for public inspection(the"Conservation Easement");and
WHEREAS,the objectives of the Natural Areas Policy Plan adopted by the Council as part
of the City's Comprehensive Plan in Resolution 92-156, and referenced in City Plan, include
establishing a system of publicly-owned natural areas to protect the integrity of critical conservation
sites, protecting corridors between natural areas,preserving outstanding examples of Fort Collins'
diverse natural heritage and providing a broad range of opportunities for educational, interpretive
and recreational programs to meet community needs; and
WHEREAS, protection of the Property as required in the Conservation Easement and the
terms and conditions set forth therein is consistent with the goals and objectives of the Natural Areas
Policy Plan and with the City Structure Plan; 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 the conveyance of the Conservation Easement on the Property to Legacy
Land Trust is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Conservation Easement in
substantially the form for the same dated October 2,2002, 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 5th day of
November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D.
2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of November, A.D. 2002.
Mayor
ATTEST:
City Clerk
r
EXHIBIT "A"
McMurry Annex
Commencing at a point 450 feet East of the West quarter comer of Section 2, Township 7
North, Range 69 West of the 6th P.M.,thence East 868.12 feet; thence S 00007'30" W. 904.55 feet;
thence S 88°01' W, 305.45 feet; thence N 55000' W. 130.23 feet;thence N 53006' W. 181.30 feet;
thence N 37°15'W.297 feet;thence N 46°05'W. 79.90 feet;thence N 62°02'W. 152.18 feet;thence
N 70042' W. 410.51 feet;thence N 113.93 feet; thence E 450 feet; thence N 120 feet to the Point of
Beginning.
.2
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Legend
Nix Building Enevelope Exception j
Nix Natural Area
Other Natural Areas
-05
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Nix Natural Area nN
Total Area of Nix Natural Area Minus the Exception is 24.97 A Citvof FoR Collins
Ceop�pbm mhmauon 400 200 0 400 Feet
Sevkn
- ---- Legend
k Parcels
;a
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Other Natural Areas
Water Features
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crognpnw mro.maua� 400 200 0 400 Feet
• - ---- �• Legend
-- Parcels
McMurry Annex
Other Natural Areas
Water Features
erKEPA"CT -
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GtvofFart Cobine � `
Geopapbla lnlumaUon 400 200 0 400 Feet
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