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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 \�`,�I -� �/ \\�l\ "(.;`,i :" %`I%,.5:?'. »p. �.[ _ t:,hri •�,: ', I :,/�h"JY[ps �• ./ I WCIIIII ton Area Agricultural Land ` 100 Acres •r�,,, r CUL TV \: 7 t I tQ{3 \�(' /J Y ;':::III r.;� 1 ., �'•r-.,.`! c y \ 5 r i'•�`'� i.. :r�.. 1<'\ `. ; �WeNington Area cultural Agri Sand ��,,��\3 \ J d •� ` �� � '�:�L i.. •i 1 �\ � : .\\ � I � ��i l , ,•� ;<\( �' :u ,.. ,: i Open Water Division of Wadlife lands _ (�/�~4 �`ru �. 1 -ant I ,f �r'�k l`'`•�•y !1 ' .t�\ City l.ilnil3 \\ S 1 f I`/ Y 1• I' �':y` ,T(r Jf35 �__J�Y f OK"N•1W\� / 1 nV \ •�l I t`ti:,�.C\ , f :,..,,}I 1 /V Roads Acres ! . 45 Acres -Acresp _ O •, V Jam` /. .... ..-'f sib `I " i' '•`�\.. `".: �. 1 7 A., 4f Y \ Vn•'YM t •�l' ... \ \/ % r \_.. 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