HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/07/2002 - RESOLUTION 2002-042 AUTHORIZING AN INTERGOVERNMENT AGENDA ITEM SUMMARY ITEM NUMBER: 20
FORT COLLINS CITY COUNCIL DATE: May 7, 2002
STAFF: Edith Felchle
SUBJECT:
Resolution 2002-042 Authorizing an Intergovernmental Agreement with Larimer County for the
Joint Ownership and Enforcement of an Agricultural Conservation Easement on Property Between
Fort Collins and Wellington.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT:
The City's share of the$195,498 total purchase cost of this conservation easement will be$97,749,
which funds are available and appropriated in,and will be paid from,Building Community Choices
sales tax revenues received for the natural areas program.
EXECUTIVE SUMMARY:
This agricultural property, owned by Colorado State University (formerly owned by Earl and Mary
Kerbel), is east of Interstate 25 between Fort Collins and Wellington. The purpose of the
conservation easement that has been acquired by Latimer County is to enable the property to remain
in agricultural use in perpetuity by preserving and protecting its agricultural soils and agricultural
viability and productivity. No activity that would significantly impair or interfere with the
agricultural uses of the property will be permitted, realizing, however, that use of the land for
research(a permitted activity)may impact agricultural productivity. The property's open space and
scenic values will be protected to the extent its protection is consistent with agricultural, and
agricultural research, uses of the property. The City has proposed to purchase a 50% interest in the
conservation easement. This Resolution authorizes the City to enter into an Intergovernmental
Agreement (IGA) with Larimer County regarding the assignment of an interest in the conservation
easement to the City and the responsibilities for monitoring and enforcement of the easement.
At its June 6,2001,meeting,the Natural Resources Advisory Board(NRAB)recommended that the
City pursue an equal financial interest with Larimer County in this conservation easement. The
Natural Resources Advisory Board considered the IGA at its May 1, 2002 meeting and the Board
recommendation has been included under separate cover in the May 2 Council mail packet.
. RESOLUTION 2002-042
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY FOR THE JOINT OWNERSHIP AND
ENFORCEMENT OF AN AGRICULTURAL CONSERVATION EASEMENT
ON PROPERTY BETWEEN FORT COLLINS AND WELLINGTON
WHEREAS, Latimer County has acquired, at a purchase price of$195,498, an agricultural
conservation easement, which easement, dated August 10, 2001, is on file in the Office of the City
Clerk and available for public inspection(the"Conservation Easement")on that certain real property
approximately 84.4 acres in size and located east of Interstate 25 between Fort Collins and
Wellington, which property is more particularly described on Exhibit "A", attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, under the terms of the Conservation Easement, the Property must remain in
agricultural use in perpetuity in order to preserve and protect its agricultural soils and agricultural
viability and productivity, and no activity that would significantly impair or interfere with the
agricultural uses of the property will be permitted, subject to the permitted use of the land for
agricultural research; and
WHEREAS,City staff has negotiated with LarimerCounty an Intergovernmental Agreement
regarding the Conservation Easement,which calls for the assignment by the County of an undivided
50% interest in the Conservation Easement to the City, and provides for Latimer County to have
primary responsibility for enforcement of the Conservation Easement(the"IGA"),a copy of which
IGA is on file in the Office of the City Clerk and available for public inspection; and
WHEREAS,the IGA provides for the payment by the City to Larimer County of the amount
of $97,749, which amount is available and appropriated in, and will be paid from, Building
Community Choices sales tax revenues received for the natural areas program; and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, such as a grant agreement, as provided in Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into the IGA,upon the terms and conditions
described above and such other terms and conditions,or subsequent 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, not
otherwise inconsistent with this Resolution.
is
Passed and adopted at a regular meeting of the City Council held this 7th day of May, A.D.
2002.
Mayor
ATTEST:
City Clerk
EXHIBIT A
Legal Description
Lot 1,
Forever Farm M.L.D. No. 01-S1805,
Situate in North ''/z of Section 10,Township 8 North, Range 68 West of the 6°i P.M.,
Larimer County, Colorado
Kerbel
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Agricultural Land `
100 Acres
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cultural
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Division of Wadlife lands
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