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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2001 - FIRST READING OF ORDINANCE NO. 146, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 15 FORT COLLINS CITY COUNCIL DATE: September 18, 2001 STAFF: Edith Felchle SUBJECT: First Reading of Ordinance No. 146, Authorizing a Declaration of Covenants, Conditions and Restrictions for a 478.5 Acre Portion of Long View Farm Open Space. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Failure to adopt the Ordinance may result in loss of approximately$132,000 in grant monies to the City and could result in loss of grant monies to partners ($200,000 to Larimer County; $68,000 to City of Loveland). EXECUTIVE SUMMARY: "Ute Farm"and"One Putt"are part of the Long View Farm Open Space between Loveland and Fort Collins. The properties were purchased in 1997 by Larimer County,the City of Loveland, and the City of Fort Collins. The property is managed by Larimer County,pursuant to an intergovernmental agreement between the owning entities that was signed in 1997. Larimer County has applied for, and Great Outdoors Colorado Trust Fund(GOCO)has awarded,a grant to assist in the purchase of the property. The proceeds of the grant will be shared by the owning entities. GOCO requires that certain restrictions be agreed to by landowners in order to protect the conservation values of the property for which a grant has been awarded. This Ordinance authorizes the execution of a Declaration of Covenants, Conditions and Restrictions on the Ute Farm/One Putt property. The Declaration establishes the Legacy Land Trust(formerly named the Larimer Land Trust)as monitor and enforcer of the Declaration,and limits the use of the property in any manner not consistent with and protective of the conservation values existing on the property. GOCO will not release the grant funds without this signed Declaration. DATE: September 18,2001 2 ITEM NUMBER: 15 Long View Farm Open Space is currently managed as agricultural land. The management plan for the property includes plans for recreational access(a bike/pedestrian trail)and interpretive features to be added to the site in the future. This item was taken to the Natural Resources Advisory Board in preliminary form on August 1 and again,after substantially final wording had been worked out,was scheduled for Board consideration on September 5. A quorum was not present at the September 5 meeting. Staff expects the Board to support the proposed execution of the Declaration, based upon informal communications with Board members. ORDINANCE NO. 146, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ON AN 478.5 ACRE PORTION OF LONG VIEW FARM OPEN SPACE WHEREAS, in 1997,the City of Fort Collins,together with Larimer County and the City of Loveland, became the owner of approximately 478.5 acres of land located west of College Avenue and south of County Road 32,more particularly described on Exhibit"A",attached hereto and incorporated herein by this reference(the"Property"); and 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,Larimer County,on behalf of the owners of the Property,was awarded a grant from the GOCO Board in the amount of$400,000,to assist with the acquisition of the Property(the "Grant"), of which approximately $132,000 will be paid to the City of Fort Collins; and WHEREAS, as a requirement of the Grant the owners of the Property must execute and record on the title of the Property a deed restriction to protect the Property from uses contrary to the purposes of the Grant; and WHEREAS,the Plan for the Region Between Fort Collins and Loveland as adopted by the Council in Resolution 95-82,identifies the Property as a significant open space area to be protected; and WHEREAS,City Plan,as adopted by the Council in Resolution 97-25,identifies the property as a significant Open Land on the City Structure Plan; 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 is consistent with the goals and objectives of the Natural Areas Policy Plan; and WHEREAS,City staff have reviewed the form of Declaration of Covenants,Conditions and Restrictions, dated September 14,2001, and on file in the Office of the City Clerk,required by the GOCO Board as a condition of the Grant(the"Declaration"); and WHEREAS, the terms of the Declaration are consistent with the objectives of the City's Natural Areas Policy Plan,the Plan for the Region Between Fort Collins and Loveland,and 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 fast 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 execution of the Declaration on the Property is in the best interests ofthe City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Declaration in substantially the form for the same dated September 14,2001,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 18th day of September,A.D.2001,and to be presented for final passage on the 2nd day of October, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of October, A.D. 2001. Mayor ATTEST: City Clerk Legal Description Ute Farm/One Putt Property (Portions of Long View Farm) A tract of land located in Section 23, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 23 as bearing South 00°16'24" West from a 3" brass cap at the East Quarter corner of said Section 23 to a 3" brass cap at the Southeast corner of said Section 23 and with all bearings contained herein relative thereto: COMMENCING at the Southeast corner of said Section 23; thence along the South line of said Southeast Quarter, South 89°18'09" West 50.01 feet to the West right-of-way line of U.S. Highway 287; thence along said West right-of-way line,North 00°16'24"East, 30.00 feet to the Northerly right-of-way line of 69th Street, said point being the POINT OF BEGINNING; thence along said Northerly right-of-way line, South 89018'09" West, 100.50 feet to a curve concave to the South having a central angle of 25°37'34", a radius of 305.00 feet and the chord of which bears South 76°29'23" West, 135.28 feet; thence continuing along said Northerly right-of-way line and the arc of said curve 136.41 feet to a point on the South line of said Southeast Quarter of Section 23; thence along the South line , South 89°18'09" West, 2362.39 feet to the South Quarter comer of said Section 23; thence along the South line of the Southwest Quarter of Section 23, North 89°19'35" West, 1306.95 feet to the West 1/16 corner between Section 23 and Section 26; thence, North 000I1'51" East, 2650.27 feet to the Center West 1/16 comer of Section 23; thence, North 00011154" East, 2636.51 feet to the West 1/16 comer between said Section 23 and Section 14; thence along the North line of the Northwest Quarter of said Section 23, North 89021'56" East, 1319.70 feet to the North Quarter corner of said Section 23; thence along the North line of the Northeast Quarter of said Section 23, North 89°29'53" East, 2588.28 feet to a point on the West right-of-way line of said U.S. Highway 287; thence along said West line, South 00°16'06" West, 2654.25 feet; thence continuing along said West line, South 00°16'24" West 2623.63 feet to the Point of Beginning. EXCEPT: A tract of land located in the Northeast Quarter of Section 23, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 23 as bearing South 00'16'06" West from a 3" brass cap at the Northeast corner of said Section 23 to a 3" brass cap at the East Quarter corner of said Section 23 and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 23; thence, South 89042'32" West, 50.00 feet to the West right-of-way line of U.S. Highway 287, said point being the POINT OF BEGINNING; thence along said West right-of-way line South 00°16'24", West, 25.25 feet; thence, South 89°42'32" West, 41.82 feet to a point on a curve concave to the Southeast having a central angle of 54045'22", a radius of 610.00 feet and the chord of which bears South 62119'50" West, 561.03 feet; thence along the are of said curve 582.96 feet; thence along a non-tangent line,North 55°02'52" West 279.71 feet; thence,North 27044'06" West 137.30 feet; thence South 89°42'32" West, 812.49 feet; thence, North 00017'28" West 1006.92 feet; thence, North 62°19'19" East, 680.61 feet; thence, North 89042132" East, 1053.02 feet to a point on the West right-of-way line of U.S. Highway 287; thence along said West right-of-way line, South 00016106" West, 1320.07 feet to the Point of Beginning, County of Larimer, State of Colorado.