HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2001 - FIRST READING OF ORDINANCE NO. 143, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 21
FORT COLLINS CITY COUNCIL DATE: September 4, 2001STAFF• Michael B. Smith
Gale McGaha Miller
SUBJECT:
First Reading of Ordinance No. 143, 2001, Authorizing the Conveyance of 157.09 Acres of Land
on the Former Rockwell Ranch to the United States Forest Service in Exchange for the Payment
of$353,500, as Part of a Three-Way Exchange Between the City, the Forest Service, and the
Winter Park Recreation Association.
RECOMMENDATION:
Staff, Water Board, and the Natural Resources Advisory Board recommend adoption of the
Ordinance on First Reading.
FINANCIAL IMPACT:
The City's Water Fund will receive $353,500 for this land, per current appraisal.
EXECUTIVE SUMMARY:
Staff negotiated with the US Forest Service (USFS) to exchange the Rockwell properties (owned
by the City) for the land under and around the City's Joe Wright Reservoir (owned by the USFS).
The ordinance for that exchange was adopted on First Reading on August 21. It leaves one
additional Rockwell Ranch parcel that the Forest Service wishes to acquire in a three-way
exchange with Winter Park. Under the USFS proposal, the City would receive $353,500 for
Parcel B of Rockwell Ranch, which would then be conveyed to the USFS.
The Forest Service proposes to transfer to Winter Park, 13.6 acres consisting of three parcels of
land located at the West Portal of the Moffat Tunnel, a railroad tunnel and a water pipeline that
link the Fraser River Valley with the Platte River drainage. The parcels have been historically
used by Denver Water Board under a special use permit for the operations of the Moffat Water
Collection System. The land is mostly developed and includes administration and maintenance
buildings, parking, vehicle fueling area, materials storage, and access roads. Undeveloped land
in the parcels includes some forested areas, grassland, and riparian forest wetland associated
with Buck Creek.
Winter Park proposes to use the land for administration facilities, emergency services, parking,
and a bike trail. Best management practices would be incorporated into development plans for
DATE: September 4, 2001 2 ITEM NUMBER: 21
the land, including wetland and floodplain avoidance, sediment traps, vegetated buffers, and
prompt revegetation.
In exchange for the 13.6-acre parcels, the Forest Service would receive 1,744 acres of land that
is surrounded by Forest Service lands. Of this amount, 157.06 acres belongs to the City in Parcel
B of Rockwell Ranch. Essentially, Winter Park will buy Parcel B, then use it to exchange land
with the Forest Service. However, the exchange agreement will be structured such that Parcel B
would be conveyed directly to the Forest Service. The Forest Service is eager to acquire Parcel
B, but must close on the land exchange with Winter Park by September 28.
If approved, this land exchange would add $353,500 to the Water Fund.
ORDINANCE NO. 143, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF 157.09 ACRES OF
LAND ON THE FORMER ROCKWELL RANCH TO
THE UNITED STATES FOREST SERVICE IN EXCHANGE FOR THE PAYMENT OF
$353,500, AS PART OF A THREE-WAY EXCHANGE BETWEEN
THE CITY, THE FOREST SERVICE, AND
THE WINTER PARK RECREATION ASSOCIATION
WHEREAS, the City of Fort Collins is the owner of that certain real property (hereinafter
"Parcel B")located in Larimer County,Colorado,previously known as Rockwell Ranch,which was
purchased by the water utility for water utility purposes, a portion of which, totaling 157.09 acres
in size, is more particularly described as follows:
Township 8 North, Range 72 West
Section 19: Lots 3 and 4;NEl/4SWl/4,NWl/4SE1/4
and
WHEREAS, Parcel B is an enclave within the Roosevelt National Forest,and is not needed
by the Water Utility for the purposes originally contemplated; and
WHEREAS, it is the policy and objective of United States Forest Service ("USFS") to
arrange for the exchange of such enclave properties for outholdings of USFS that are not within the
boundaries of national forest land, in order to consolidate said lands and improve efficiency and
effectiveness of the management of those lands; and
WHEREAS,the Winter Park Recreation Association("Winter Park")owns property which,
combined with Parcel B, totals 1,744 acres of land proposed to be conveyed to the USFS in
exchange for 13.6 acres of property owned by USFS and located at the west portal of the Moffat
Tunnel,a railroad tunnel and a water pipeline that link the Fraser River Valley with the Platte River
drainage (the "USFS Property"); and
WHEREAS,the USFS Property is mostly developed land that Winter Park proposes to use
for administration facilities, emergency services, parking and a bike trail, all subject to best
management practices for wetland and floodplain avoidance, integrated sediment traps, vegetated
buffers, and prompt stabilization and revegetation; and
WHEREAS,in order to make available Parcel B for conveyance to the USFS in connection
with the proposed exchange, Winter Park has agreed to pay to the City the amount of$353,500,
which City staff agrees represents the fair market value of Parcel B; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or disposition of real property owned by the City will not materially
impair the viability of any City utility system as a whole of which the property is a part,will be for
the benefit of the City's citizens, and will be 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 above-described conveyance of Parcel B, in exchange for the
payment of THREE HUNDRED FIFTY-THREE THOUSAND FIVE HUNDRED DOLLARS
($353,500),will not materially impair the viability of the City's water utility as a whole,will be for
the benefit of the City's citizens, and is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance or commitment as are necessary to convey Parcel B to USFS and as are otherwise
necessary to carry out the terns of the above-described exchange between USFS and Winter Park,
consistent with the terms and conditions described above.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2001, and to be presented for final passage on the 18th day of September, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of September,A.D. 2001.
Mayor
ATTEST:
City Clerk
Environmental Assessment
Winter Park Land Exchange /I
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Figure 8: Pingree Park(City of Fort Collins Property) Area. The City of Fort Collins Property
is located near the USFS Jack's Gulch Campground in Pingree Park, between the Cache La Poudre
and Comanche Peak Wildernesses south of the Cache La Poudre Wild and Scenic River. Access is
via two 4-wheel drive roads(now closed on the National Forest) from County Road 63E. Base
from USFS 1997C.
January 2001
Figure 8
Environmental Assessment
Winter Park Land Exchange 11
rnn r
PFR t _
(Blue spruce Lot) Buck Creek
Buck Creek Riparian
Forest (Proposed for
Conservation)
a-wA. f ,
-
_a_ US Highway40
.PFR
l ' Fmc +
F1p ` , .1FC Habitats Identified:
J Fmc = Mixed Conifer
Forest
- Flp = Lodgepole Pine
TV Gm ! Forest
Fw = Forested Wetland
Fraser \ r♦ +�, } i
River �, :� Gm = Grassland Meadow
�✓, i -.t «-' '� PF PFR = Parking, Facilities,
Winter Park -
p 4` { and Roadway
Drive 1- m (' = Wildlife Migration
Corridor
Railroad ?� ^c K' ;
•Moffat Tunnel
J �I Entrance ` ) ( ` ' Project Area Outline
WinterPar�l «� DWB Water Pipeline
Resort Base _ r'
Pedestrian Walkway Moffat Parking Lot
SCAM I' 2W
Figure 3: Moffat Parcels Site Plan with Identified Habitats. See text and tables for
additional detail. Base from WPRA; scale-- 1 inch=200 feet.
January 2001
Figure 3
EXCHANGE AGREEMENT
THIS EXCHANGE AGREEMENT,made this_day of June, 2001,between Winter Park Recreational
Association, a Colorado non-profit corporation,whose address is P.O. Box 36,Winter Park, Colorado 80482,
hereinafter referred to as the non-Federal parry,and the United States of America,acting by and through the Forest
Service,Department of Agriculture,in consideration of the appraisals by the parties hereto of the land or interest in
land herein described and other good and valuable considerations, the receipt of which is hereby acknowledged,do
hereby severally agree as follows:
WITNESSETH:
Pursuant to the General Exchange Act,of March 20, 1922,as amended (42 Stat. 465),the Act of October 21, 1976,
as amended (90 Stat. 2743),and the Act of August 20, 1988 (102 Stat. 1086),the non-Federal party does hereby
agree to convey to the United States of America the real property described in Schedule A attached hereto and made
a part hereof. In exchange therefore,the United States of America agrees to convey to the non-Federal party,by
patent/quitclaim deed issued by the Department of the Interior, the real property described in Schedule B attached
hereto and made a part hereof. There will be a need to equalize exchange values pursuant to Section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) by the payment of FOUR HUNDRED
SEVENTY-EIGHT THOUSAND FIVE HUNDRED and N0/100 DOLLARS ($478,500.00),from the United States
to the non-Federal party.The agreed to values for this exchange are:
Property of the non-Federal party= $4,298,500
Property of the United States= $3,820,000
First,the non-Federal parry,or its assigns,agrees to convey, or cause to be conveyed,by General Warranty
Deed/State Patent,in accordance with the Department of Justice Standards when requested by the Forest Service,
the lands or interests in lands described in Schedule A to the United States of America and its assigns,together with
necessary documents required to convey good title,free from all encumbrances except those set forth in Schedule A.
In addition, the non-Federal party further agrees to donate to the United States of America, by quit claim deed,all
mineral rights to the lands owned by the non-Federal party or its assigns as identified in Schedule A.
Second,the non-Federal party agrees to deliver all necessary documents to the Forest Supervisor,Arapaho and
Roosevelt National Forests,who will act as escrow holder or in the alternative to the Director of Physical Resources,
Regional Office,Rocky Mountain Region.
Third, the non-Federal party agrees to famish title evidence on the real property described in Schedule A in a form '
satisfactory to the Office of General Counsel of the United States Department of Agriculture and pay any escrow
expenses incurred therein.
When title is acceptable to the Forest Service,the United States of America agrees to convey by patent/quitclaim
deed,issued the USDI-Bureau of Land Management,the real property described in Schedule B, subject to any
encumbrances noted therein.
OMB No. 0596-0105
I
Both parties agree not to do, or suffer others to do, any act by which the value of the real property which is the
subject of the Agreement may be diminished or further encumbered. In the event any such loss or damage occurs
from any cause,including acts of God,to the real property described in Schedules A or B,prior to execution of deed
or issuance of patent,either party may refuse without liability to complete the exchange.
Each party to this exchange agreement is responsible to provide the other documentation of the existence or non-
existence of storage of hazardous substances stored on their respective lands for one(1) year or more or disposed of
or released on said lands. If evidence of hazardous substances are found,either party may refuse without liability,to
complete the exchange.
This exchange is subject to a 45-day administrative review of the decision.
This agreement is legally binding on all parties,subject to the terms and conditions herein and may only be amended
or terminated as provided herein or by mutual consent.
This agreement will be terminated in the event that either party cannot convey a good and sufficient title to the real
property agreed to be exchanged.
No member of Congress, or Resident Commissioner,shall be admitted to any share or part of this agreement or to.
any benefit that may arise therefrom unless it is made with a corporation for its general benefit(18 U.S.C.431,433).
IN WITNESS WHEREOF,the non-Federal party,by its duly authorized representative,and the Director of Physical
Resources, acting for and on behalf of the Forest Service,USDA,have executed this Agreement this
_day of June,2001.
WINTER PARK RECREATIONAL ASSOCIATION, a Colorado
non-profit corporation
By:
GARY DEFRANGE
Its:
FOREST SERVICE
U.S. DEPARTMENT
OF AGRICULTURE
By: - " " t 7 " 1
M. M.UNDERWOOD,JR.
Director of Physical Resources
Rocky Mountain Region,R-2
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to,a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is
0596-0105. The time required to complete this information collection is estimated to average 4 hours per response,including the time for
reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection
of information.
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ACKNOWLEDGMENT
STATE OF )
)ss.
COUNTY OF )
On this_day of 2001, before me, a Notary Public
in and for said State,personally appeared GARY DEFRANGE,as of Winter Park
Recreational Association, a Colorado non-profit corporation.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
Notary Public Signature
My Commission expires:
ACKNOWLEDGMENT
STATE OF COLORADO )
ss.
COUNTY OF-JEtF�ic a�)
On this dfWay of 2001, before me, Nancy A.Holleakamp, a Notary Public in and
for said State,personally appealed M. M.Underwood,Jr., as Director of Physical Resources,Rocky Mountain
Region,R-2.
IN WITNESS WHEREOF,I hereunt et my hand and official seal.
NANCY A. HOLLENKAMP ` ol�
NOTARY PUBLIC No b i afore
My Commis STATE OF COLORADO �'3 Bn
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SCHEDULE A
Lands that the non-Federal party will convey to the United States in the exchange:
Sixth Principal Meridian
Parcel 1 - Church Property
Townshin 6 North. Ranee 70 West. Larimer County, Colorado
Section 7, SWl/4NW1/4 and NWl/4SW1/4.
Township 6 North,Range 71 West, Larimer County, Colorado
Section 12, SEIANE1/4 and NE1/4SE1/4.
Totaling approximately 180.24 acres, more or less.
Parcel 2- State Property-Mt. Eva
Township 2 South, Range 75 West, Grand County, Colorado
Section 36,All.
Totaling approximately 640 acres, more or less.
Parcel 3 - Maxwell Property
Township 10 North, Range 73 West, Larimer County, Colorado
Section 2, Lots 1, 2, 3, and 4 (ALSO known as the Nl/2N1/2) and the S1/2.
Totaling approximately 431.64 acres,more or less.
Parcel 4- Boyd Property
Townsh ) 1 North, Range 75 West, Grand County, Colorado
Section 13,That portion of the NW I/4 of Section 13, Township 1 North, Range 75 West of the
6"'P.M., lying South and West of the High Water Traverse of Meadow Creek Reservoir,
described as follows:
4
Beginning at the West 1/4 comer of said Section 13 whence the NW corner of said Section 13
bears N 02°56'40" W, for a distance of 2.570.32 feet; thence N 02°56'40" W, for a distance of
944.92 feet to the High Water Traverse; thence along the High Water Traverse on the following
bearings and distances:
N 45°39' E, for a distance of 86.0 feet;
N 60°40' E, for a distance of 119.8 feet;
N 77°12" E, for a distance of 120.5 feet;
N 81*05' E, for a distance of 199.1 feet;
S 84°16' E,for a distance of 203.2 feet;
N 26°01' E, for a distance of 68.3 feet;
N 10°00' E, for a distance of 260.8 feet;
N 48*17' E,for a distance of 107.9 feet;
N 77012' E, for a distance of 120.5 feet;
N 68°04' E, for a distance of 101.7 feet;
N 28°13' E, for a distance of 71.5 feet;
N 60°39' E, for a distance of 81.6 feet;
S 81°22' E, for a distance of 107.9 feet;
S 70°05' E, for a distance of 131.3 feet;
S 55°39' E, for a distance of 133.9 feet;
S 24*24' E,for a distance of 113.7 feet;
S 02°13' E, for a distance of 241.4 feet;
S 09°31' E, for a distance of 122.2 feet;
S 15°18' E, for a distance of 131.7 feet;
S 30016' E,for a distance of 112.3 feet;
S 86*46' E, for a distance of 73.5 feet;
S 24°00' E, for a distance of 123.8 feet;
S 34033'E, for a distance of 67.4 feet;
S 11'25' W,for a distance of 190.1 feet;
N 45*24' E, for a distance of 117.0 feet;
N 42°30' E,for a distance of 78.7 feet;
S 02016' E, for a distance of 60.8 feet;
S 26°29' W, for a distance of 110.6 feet;
S 03°33' E,for a distance of 146.7 feet;
S 28054' E, for a distance of 152.1 feet;
S 03°59' E, for a distance of 133.9 feet;
To the East and West Centerline of said Section 13; thence S 89°45'30" W, along said East-
West Centerline for a distance of 1,807.40 feet to the point of beginning.
Totaling approximately 48.58 acres;more or less.
5
Parcel 5 - City of Fort Collins Property
Township 8 North. Ranee 72 West. Larimer County, Colorado
Section 19, Lots 3 and 4, NEl/4SW1/4 and NWI/4SE1/4.
Totaling approximately 157.09 acres, more or less.
Parcel 6 - Strawberry Lake Property
Township 2 North, Range 75 West, Grand County, Colorado
Section 26, Wl/2NW1/4, NWl/4SW1/4;
Section 27, NEl/4NW1/4, Nl/2NE1/4, SEl/4NE1/4, NEI/4SE1/4.
Totaling approximately 315.66 acres, more or less.
Containing an aggregate of approximately 1,773.21 acres,more or less, in Grand and Larimer Counties,
Colorado.
SUBJECT TO:
Reservations: None
Outstanding Rights:
Parcel 1
1. Requirements A, B, C, and D of that certain Commitment for Title Insurance No. 6440791 C-3 issued
by Transnation Title Insurance Company dated January 8, 2001 shall be completed at or prior to closing.
2. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent
recorded June 1, 1885 in Book 32 at Page 62.
3. Right of way, whether in fee or easement only, for construction, repair and maintenance of a road, as
granted to the United States of America by Vina M. Thompson, Kathryn M. Cross and James P.
Thompson, recorded May 19, 1958 in Book 1081 at Page 403, affecting the following described
property: as more particularly described in said instrument.
4. Right of way, whether in fee or easement only, for highway purposes, as granted to the United States of
America by Rodger B. Sexton and Betty Jo Sexton, recorded December 6, 1965 in Book 1313 at Page
484 affecting the following described property: as more particularly described in said instrument.
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9Parcel 2
1. Requirements 1, 2, and 3 of that certain Commitment for Title Insurance No. D-15452-I issued by
Lawyers Title Insurance Corporation dated January 12, 2001 shall be completed at or prior to closing.
(Grand County portion)
2. All rights to any and all minerals, ore, and metals of any kind and character, and all coal, asphaltum, oil,
gas and other like substances in or under said land, the rights of ingress and egress for the purpose of
mining, together with enough of the surface of the same as may be necessary for the proper and
convenient working of such minerals and substances, as reserved in Patent from the State of Colorado,
recorded 2000 at Reception No. This exception shall be removed at
or prior to closing.
Parcel 3
1. Requirements A and B of that certain Commitment for Title Insurance No. 6441137 C-3 issued by
Transnation Title Insurance Company dated January 3, 2001 shall be completed at or prior to closing.
2. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of
way for any ditches or canals constructed by authority of the United States, in U.S. Patents recorded
October 18, 1906 in Book 113 at Page 372, September 4, 1902 in Book 113 at Page 217, and January
20, 1900 in Book 113 at page 119.
arcel 4
1. Requirements 1, 2, 3, and 4 of that certain Commitment for Title Insurance No. D-15400-I issued by
Lawyers Title Insurance Corporation dated January 12, 2001 shall be completed at or prior to closing.
2. Reservations, exceptions and rights of way, as contained in United States Patent recorded October 4,
1952 in Book 103 at Page 253.
3. Easement and right of way granted to United States of America by instrument recorded April 23, 1964
in Book 147 at Page 128.
4. Any rights, interests or easements in favor of the State of Colorado, the United States of America, or the
public, which exist or are claimed to exist in any beach areas lying above the mean high water mark, or,
over, under and/or across the waters and present and past bed and banks of the Meadow Creek
Reservoir. This exception shall be removed at or prior to closing.
5. Any rights of the United States Forest Service and/or independent contractor to harvest timber on the
subject property. This exception shall be removed at or prior to closing.
6. Declaration of covenants recorded August 1, 1995 at Reception No. 95006390, pertaining to sewage
disposal systems. This exception shall be removed at or prior to closing.
s .
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Parcel 5
1. Requirements A and B of that certain Commitment for Title Insurance No. 6427723 issued by
Transnation Title Insurance Company dated January 23, 2001 shall be completed at or prior to closing.
2. Terms, agreements, provisions, conditions and obligations as contained in Intergovernmental Agreement
for Partition of Rockwell Ranch Property by and between The City of Fort Collins, Colorado, a
municipal corporation and The City of Greeley, Colorado, a municipal corporation recorded July 16,
1997 as Reception No. 87045772. This exception shall be removed at or prior to closing.
Parcel 6
1. Requirements 1, 2,3, 4, 5, 6, 7 and 8 of that certain Commitment for Title Insurance No. LD-15487-I
issued by Lawyers Title insurance Corporation shall be completed at or prior to closing.
2. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found
to penetrate or intersect subject property, as reserved by United States patent recorded September 8,
1908 in Book 17 at Page 197 and December 24, 1909.
3. Right of Way for ditches and canals constructed by the authority of the United States, as reserved by
United States Patent recorded September 8, 1908 in Book 17 at Page 17 and December 24, 1909 in
Book 34 at Page 227.
Other:
3. At the expense of the non-Federal party or its assigns, the remains of three (3) refrigerators and other
debris currently located on Parcel 1 (Church property) shall be removed at or prior to closing of this
transaction.
4. Logging lease on Parcel 2 (State property-Mt. Eva) shall be terminated at or prior to closing of this
transaction.
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SCHEDULE B
Lands that the United States will convey to the non-Federal party in the exchange:
Sixth Principal Meridian
Township 2 South,Ranee 75 West Grand County Colorado
Section 10, Tracts 38B, 45, and 49, respectively.
Containing 13.58 acres, more or less, Grand County, Colorado.
SUBJECT TO:
Reservations:
Reserving to the United States, and its assigns, a right of way for ditches and canals constructed by the authority
of the United States, Act of August 30, 1890 (27 Stat. 391).
Outstanding Rights:
1. Subject to valid existing rights for ditch easement for the Fraser River Diversion Project as applied for
by the City and County of Denver,its successors or assigns, by right-of-way application Denver 027914,
filed February 11, 1922, under the Act of February 1, 1905 (33 Stat. 628).
2. Subject to valid existing rights for the Moffat Railroad Tunnel as applied for by the Moffat Tunnel
Commission, its successors or assigns, by right-of-way application Denver 028494, filed September 10,
1923, under the Act of March 3, 1875 (formerly 43 U.S.C. 934-939).
3. Subject to valid existing rights for water tunnel purposes as applied for by the Moffat Tunnel
Commission, its successors or assigns, by right-of-way application Denver 030648 filed July 23, 1925,
under the Acts of March 3, 1891, as amended (formerly 43 U.S.C. 946-949), May 11, 1898 (30 Stat.
404), and February,l, 1905 (33 Stat. 628).
4. Subject to valid existing rights for the railroad approach to the west portal of the Moffat Tunnel as
applied for by the Moffat Tunnel Commission, its successors or assigns, by right-of-way application
030762, accepted for filing November 25, 1925, under the Act of March 3, 1875 (formerly 43 U.S.C.
934-939).
5. Subject to valid existing rights for highway purposes as granted to the State of Colorado, and its assigns,
by Highway Easement Deed dated 7/3/1986, COC 45156 pursuant to the Act of August 27, 1958, as
amended (23 U.S.C. 317) and the Act of October 15, 1966 (80 Stat. 931, 937, Section 6(a)(1)(A)).
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Other:
1. The non-Federal party shall execute suitable easements or agreements to the parties now holding Forest
Service Special Use Permits and other authorizations listed in Paragraph No. 2,immediately below. Said
easements or agreements shall, as a minimum, authorize those rights,privileges,and obligations currently
authorized by Forest Service.
2. The Arapaho National Forest Supervisor shall secure waivers of the Special Use Permits,listed immediately
below, upon execution of the easements or agreements cited in number 1 immediately above. Such
relinquishments may be in the form of a waiver document,permit amendment;or notice from the Forest
Supervisor that the permit has been terminated upon conveyance of the Federal lands described in Schedule
`B.' If relinquishments are not received prior to conveyance of the Federal lands,easements will be retained
in escrow until the relinquishments are obtained.
• Special Use Permit dated August 1, 1969 to US West (Qwest) for operating and maintaining
buried phone lines.
• Special Use Permit dated April 24, 2000 issued to Winter Park Water and Sanitation District for
operating and maintaining a buried water line.
• Special Use Permit dated May 20, 1977 to Mountain Parks Electric Inc., for operating and
maintaining electric buried and overhead powerlines.
• Special Use Permit dated September 22, 1975 issued to Public Service Company of Colorado,
for operating and maintaining buried gas lines.
• Special Use Permit dated January 10, 1986 issued to the National Weather Service for operating
and maintaining a weather station.
3. The Special Use Permit dated July 18, 1960 to City and County of Denver, acting by and through its
Board of Water Commissioners for maintaining an administrative site will be relinquished at orprior to
closing and replaced with an easement/agreement between the non-Federal party and the permittee to
allow for occupancy until August 31, 2003. The Special Use Permit dated August 25, 1981 to City and
County of Denver, acting by and through its Board of Water Commissioners for a telemeter line will be
relinquished at or prior to closing and replaced with an easementlagreement between the non-Federal
party and the permittee. The Special Use Permit dated June 12, 1998 to City and County of Denver,
acting by and through its Board of Water Commissioners, for operating and maintaining a.buried water
main waterline,which services the administrative site referred to previously in this paragraph. It has
already terminated,however, an easementlagreement between the non-Federal party and the former
permittee shall be executed.
4. AT &T Broad Band does not have, nor has it ever had, a special use authorization for its buried cable
TV line through the Federal parcel, however, the non-Federal party agrees to work with AT& T Broad
Band to legally authorize their existing use.
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5. Non-Federal Party shall grant Access Road Easements to Moffat Tunnel Improvement District
(Exhibit 4 of that certain Decision Notice and Finding of No Significant Impact for the Winter Park
Land Exchange II dated June 18, 2001) and to the City and County of Denver, acting by and through it
Board of Water Commissioners (Exhibit 5 of that certain Decision Notice and Finding of No Significant
Impact for the Winter Park Land Exchange II dated June 18, 2001), at or prior to closing of this
transaction.
6. Non-Federal Party shall comply with the requirements in that certain Memorandum of Agreement
Between the USDA Forest Service and the Colorado State Historic Preservation Officer Regarding the
Winter Park Recreational Association Land Exchange II dated February 9, 2001.
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Community Planning and Environmental Services
Natural Resources Department
aim
Ci of Fort Collins MEMORANDUM
tY FROM THE CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
DATE: August 28, 2001
TO: Mayor and Council Members
John Fischbach, City Manager
FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board
SUBJECT: NRAB Comments on Joe Wright Reservoir Land Exchanges
In July and August of this year, the Naturtal Resources Advisory Board (NRAB) heard
presentations by Ms. Gale McGaha-Miller of the City's Water Utility and the US Forest Service
(USFS) regarding land exchanges between the City and USFS. These land exchanges will
result in the City acquiring ownership of the land under and surrounding Joe Wright Reservoir
and the USFS acquiring the City-owned Rockwell properties. As recommended by the NRAB in
1996, these land exchanges have been pursued through an administrative process that allowed
for appropriate environmental reviews.
Although the NRAB took no formal vote, the consensus of the Board was that the exchanges of
Parcels A, C, and D would likely have no negative impacts on the environment and would work
toward the long-term benefit of both the City and USFS. In addition, the NRAB's specific
concerns and questions regarding the exchange of Parcel B with Winter Park Ski Area were
addressed to the satisfaction of the Board members.
Therefore, please be advised that the NRAB has been apprised of the terms and conditions of
these land exchanges and is satisfied that potential environmental or natural resource
protection issues have been adequately addressed.
As always, please feel free to contact me with any comments or questions regarding this
matter.
Yours truly,
Randy Fisc , Chair
Natural Resources Advisory Board
226-5383,e-mail: karandCo)frii.com
281 North College Avenue • P.O.Box 580 • Fort Collins,CO 80522-0580 • (970)221-6600 • FAX(970)224-6177