HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2001 - FIRST READING OF ORDINANCE NO. 85, 2001, AUTHORIZI TV
AGENDA ITEM SUMMARY , ITEM NUMBER: 19
FORT COLLINS CITY COUNCIL DATE: May 1, 2001STAFF•
Tom Shoemaker
SUBJECT:
First Reading of Ordinance No. 85, 2001, Authorizing the Lease of a Portion of Running Deer
Natural Area to Hageman Earth Cycle, Inc.
RECOMMENDATION:
Staff and the Natural Resources Advisory Board recommend adoption of the Ordinance on First
Reading.
FINANCIAL IMPACT:
The lease agreement would generate $1,200 per month of revenue in its initial term. If the lease
is extended beyond the initial term of one year, the lease payment would be adjusted based on
the fair market rental value of the property.
EXECUTIVE SUMMARY:
This Ordinance authorizes the City Manager to enter into a lease agreement with Hageman Earth
Cycle, Inc. for up to 5 years on approximately 16-acres of land owned by the City. The lease
agreement allows Hageman to continue operations of the landscape materials and composting
business that has been in operation on the site for approximately 10 years. This arrangement is
consistent with established practice in the Natural Areas Program to work with existing tenants
on lands purchased by the City to facilitate a smooth transition to another location.
BACKGROUND:
The City's goals for its Natural Areas and Open Lands Program place a high priority on the
conservation of lands in the Poudre River Corridor. One of the key areas of conservation focus
has been in the corridor in the vicinity of East Prospect Street, near the Colorado State
University Environmental Learning Center. Over the past several years, the City has completed
several land purchases to amass a contiguous area of protected lands totalling nearly 2,000 acres
in this vicinity.
In 1998, the City completed the acquisition of a 95-acre parcel of land adjacent to the
Environmental Learning Center, and contiguous to other City-owned natural areas. The property
DATE: May 1, 2001 2 ITEM NUMBER: 19
is now known as Running Deer Natural Area. At the time of the City's purchase, Hageman
Earth Cycle, Inc. had a preexisting lease on approximately 16 acres of the property which it used
for part of its landscape materials and composting business operations. At the time of the City's
acquisition, Hageman was interested in acquiring the property, however, the owner preferred to
sell the entire property to the City. Staff discussed the options and agreed that it was best for the
City to acquire the entire property so that the City could maintain control of future options.
At the time of the City's purchase, staff informed Mr. Hageman that the City would work with
him to minimize the impact on his business and would consider future sale or lease of a portion
of the property. Staff met with Mr. Hageman during this period and told him that the City would
buy the entire property, that the City was supportive of his composting and landscape materials
business, and that staff would work with him to allow his continued use of the property for that
purpose. He expressed his strong desire to purchase the property. He also expressed interest in
the Resource Recovery Farm or other City properties. Staff's position was that the sale of a
portion of the City property was a possibility, but that the City would also need to look at a
long-term lease or other options (such as sale with a conservation easement in place) that would
protect the City's long-term interest in the open character of the property.
Staff also agreed to explore other options. During the intervening time, staff has explored with
Mr. Hageman several options, including use of other City property in the vicinity (the Resource
Recovery Farm), co-location of the composting operation with the ELC, identification of
alternative sites for his operation, co-location at the landfill, and lease or sale of a portion of the
property for his continued use. None of the alternative sites proved feasible or acceptable to Mr.
Hageman and he has continued to express his strong desire to purchase the property.
In recent months, staff has worked with Mr. Hageman to achieve a final resolution. Staff
worked to define boundaries, financial value, and potential contract restrictions in the interest of
either selling some property to Mr. Hageman or effecting a long term lease. In reviewing
floodplain mapping for the area, it became apparent that portions of the City property on which
Hageman operates are within the 100-year floodplain of the Poudre River and that another area
(including property owned by Hageman) is in a flood hazard area from the Cooper Slough
drainage. This area is not mapped as a floodplain, but only because the detailed study has not
been done. Existing data clearly show that the area is subject to shallow flooding from water
that would overtop Prospect Street in a 100-year event and is therefore subject to the City's
floodplain regulations.
These findings raised several concerns. First, portions of the City property on which Hageman
operates may be needed in the future as part of a solution to flooding issues for Boxelder Creek
and Cooper Slough. This will not be known for certain until the Master Plan for these drainages
is completed in 2002, but it appears that there is a good possibility that some structural measures
may be needed here to route flood flows to the Poudre River. Second, new regulations adopted
by the State of Colorado do not allow composting facilities in floodplains. It appears that there
may be some significant regulatory issues to be resolved regarding his use of the site for
composting, or engineering work needed to take the property out of the floodplain. Third, the
floodplain regulations for the Poudre River prohibit the placement of "floatable" materials in the
floodplain; which may pose a regulatory concern for future operations. Finally, the City's
adopted policies direct us to protect land in floodplains or land shown on the Structure Plan as
rural/open lands in a largely undeveloped state.
DATE: May 1, 2001 3 ITEM NUMBER: 19
After reviewing all of the latest information, staff reached the conclusion that it is in the City's
best interest to retain ownership of the property. Staff met with Mr. Hageman to discuss its
10 findings and to define a reasonable time frame during which he could transfer his operations on
City property to an alternative location. Although Mr. Hageman still desires to purchase the
property, he has indicated that leasing the property would offer a period of time for adjustment
of his business operations. Staff and Mr. Hageman agreed to negotiate the terms of a short-term
lease (up to 5 years) for Council consideration. The Natural Resources Advisory Board
reviewed the proposed lease arrangement with Hageman Earth Cycle at its meeting of April 18,
2001. By acclamation, the Board recommended Council approval of the agreement as
recommended by staff.
ORDINANCE NO. 85, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASE OF A PORTION
OF RUNNING DEER NATURAL AREA
TO HAGEMAN EARTH CYCLE, INC.
WHEREAS,the City of Fort Collins has purchased for its Natural Areas program that certain
property known as Running Deer Natural Area (the "Natural Area"), a portion of which has
previously been occupied and used by Hageman Earth Cycle,Inc. ("Hageman"),for the deposit and
storage of tree limbs, leaves,and other yard waste and organic materials for composting, mulching
and other reuse; and
WHEREAS,the City has in the acquisition of natural areas established a practice of working
with pre-existing users and tenants of acquired property to smooth the transition of the property to
public natural area ownership; and
WHEREAS,Hageman desires to lease from the City that portion of the Natural Area shown
on Exhibit `B" to the Ground Lease Agreement referenced below (the "Lease Area"), in order to
continue its use of that property for the deposit and storage of tree limbs, leaves, and other yard
waste and organic materials for composting, mulching and other reuse; and
WHEREAS, City staff has negotiated with Hageman a proposed lease agreement which is
attached hereto as Exhibit"A"and incorporated herein by this reference(the"Lease Agreement"),
which provides for the lease to Hageman of the Lease Area for the uses specified therein, for an
initial term of one year with four possible one-year extensions, for a monthly rental amount of
$1,200 for the initial term; and
WHEREAS,City staff has determined that the proposed lease to Hageman of the Lease Area
will not interfere with or impair the City's intended uses of the Natural Area; and
WHEREAS, City staff has also determined that the lease rate of $1,200 per month is
consistent with the approximate fair market lease rate for comparable property; and
WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is
authorized to lease any and all interests in real property owned in the name of the City,provided that
Council first finds that the lease 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 lease by the City of the Lease Area to Hageman, under the terms and
conditions set forth herein and in the Lease Agreement, is in the best interests of the City of Fort
Collins.
Section 2. That the City Manager is hereby authorized to enter into the Lease Agreement,
together with such other related provisions determined necessary to protect the interests of the City
by the City Manager,in consultation with the City Attorney,and is further authorized to extend the
term of the same for the full potential term of five years, as provided therein.
Introduced,considered favorably on first reading,and ordered published this 1 st day of May,
A.D. 2001, and to be presented for final passage on the 15th day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
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EXHMrr "A"
GROUND LEASE AGREEMENT
THIS AGREEMENT ("the Lease"), is made and entered into this _ day of
2001, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, (the "Lessor") and Hageman Earth Cycle, Inc. (the "Lessee").
WITNESSETH:
1. The Property. The Lessor owns that certain parcel of real property located in the
County of Larimer, State of Colorado, which real property is described on Exhibit "A" attached
hereto and incorporated by reference together with all improvements and appurtenances thereto
(the "Property").
2. Leased Premises. In consideration of the payment of the rent herein provided for
and the keeping and performance of the covenants and obligations herein set forth, the Lessor
hereby leases to Lessee and Lessee leases from the Lessor that portion of the Property as shown
on Exhibit "B" attached hereto and incorporated herein by this reference (the "Premises").
3. As Is Condition of Premises. It is understood that Lessee has inspected the
Premises and takes them "AS IS". Lessor shall have no obligation to make any changes,
removals, or repairs of any kind. Lessee shall use the Premises only in the manner described in
paragraph 7 hereof. Lessee has occupied the Premises since prior to the Lessor's ownership
thereof, and the parties acknowledge and agree that all obligations of Lessee related to the
condition of the Premises as set forth herein, are hereby deemed applicable to Lessee's entire
occupancy of the Premises.
4. Rental Payment by Lessee. Lessee shall pay monthly , in advance, as rental for
the Premises the sum of One Thousand Two-Hundred Dollars ($1,200.00) to be paid upon
execution of this Lease and on or prior to the first day of each month hereafter. This rental rate
shall not change for a period of one year following execution of this Lease. Lessor reserves the
right to increase the amount of rent due for the Premises in accordance with fair market rental
rates for comparable property if this Lease is renewed or extended beyond the initial one-year
period. Billing or acceptance by Lessor of any rental shall not imply a definite term or otherwise
restrict either party from canceling this Lease as provided in paragraph 5. Payment of rental
specified herein is subject to a late payment charge of one and one-half percent (1.5%) per
month (18% per annum), on balance past due over thirty (30) days.
5. Term. This Lease shall be for a period of one (1) year following execution. The
Lease shall be renewable for up to four (4) additional one (1) year terms at Lessee's option,
provided that Lessee shall provide written notice to Lessor no fewer than ninety (90) days prior
to the expiration of the initial term of its exercise of this option, and provided that if Lessee has
been in default under the terms of this Agreement, Lessor shall be entitled to refuse to renew this
Lease. Lessee may cancel this Lease at will on thirty (30) days advance written notice, in which
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event, Lessee shall remove all personal property or improvements not owned by Lessor
(regardless of their owner or source), including, without limitation, all foundations, slabs, and
fences, and Lessee shall clear the Premises, including filling in and leveling any excavations, and
restoring the ground to a condition satisfactory to Lessor, prior to the termination of this Lease.
If Lessee fails to remove said property or improvements within the above time limit, Lessee
hereby grants the Lessor the absolute right to keep, convey, destroy, or otherwise dispose of the
same in any manner Lessor chooses, and, in addition, Lessee agrees to pay any net costs incurred
by Lessor in doing so, within ten(10) days of receipt of Lessor's statement therefor.
6. Covenants. Upon Lessee's payment of the rent herein specified and upon Lessee's
performance of the terms of this Lease, Lessee shall at all times during this Lease term peaceably
and quietly enjoy the Premises without any disturbance from the Lessor or any person claiming
through the Lessor except as otherwise expressly provided herein.
7. Permissible Use of the Premises. Lessee shall use and occupy the Premises for
the sole and exclusive purpose of maintaining and operating thereon Hageman Earthcycle, Inc.,
which may include: (1) accepting organic materials from the public such as soil, grass clippings,
leaves, tree branches and similar materials, and manure, (2) processing such materials by
grinding, chipping, or composting into finished landscaping products, and (3) sale of landscape
products. Lessee shall not accept or allow to be placed on the Premises any materials or
substances other than those listed hereinabove, and shall have an affirmative obligation to
prevent the deposit of any materials or substances not so permitted, including without limitation
inorganic materials, any biohazards, any hazardous materials or other regulated materials or
substances, any food or restaurant waste, animal carcasses, or human wastes. Lessee shall not
sublease, rent or otherwise make available the Premises to third parties for possession,
occupation or use. The parties acknowledge that Lessee intends to invite or permit third parties
to be present on the Premises for the purpose of depositing materials in accordance with this
provision. Lessee acknowledges and agrees that Lessee shall be responsible for any damage,
injury or other consequence resulting from the act or omission of any such invitee, or other
person present on the Premises during the term of this Lease.
8. Repairs. Maintenance. and Conduct.
A. The Lessee, during the term of this Lease, shall keep and maintain the
Premises, including without limitation, the grounds and landscaping in
good condition . The Lessee shall maintain the Premises in a clean and
orderly and safe condition, and free of litter, debris, weeds, nuisances, and
any unsightly or dangerous condition as required by the ordinances,
resolutions, statutes and health, sanitary and police regulations and
standards of the City of Fort Collins, the County of Larimer, State of
Colorado, or other governmental authority with jurisdiction over the
Premises. The Lessee shall neither permit nor suffer any violation of the
same or any disorderly noise or nuisance whatsoever about the Premises
having any tendency to annoy or disturb any persons not on the Premises.
B. Lessee shall neither commit nor permit any waste upon or of the Premises
and shall notify the City promptly of any damage to the same.
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C. The Lessee shall not affix, erect or maintain on the Premises any sign or
advertisement without first obtaining the Lessor's approval as to the sign
or advertisement to be erected on the Premises.
9. Taxes. Assessments and Utility Charges. In the event that the Premises, or any
portion thereof, shall, for any reason, be deemed subject to taxation, assessments or charges
lawfully made by any governmental body, Lessee shall pay all such taxes, assessments and
governmental charges when due. Lessee shall be responsible for payment of any utility services
placed on the Premises by Lessee. Lessee shall be responsible for and shall pay for providing
trash containers, placed on the Premises, of sufficient size to meet Lessee's reasonable needs and
weekly trash removal services.
10. Insurance. Lessee shall maintain at all times during the term of this agreement a
"commercial general liability" insurance policy with a Combined Single Limit of$1,000,000.00
covering its activities hereunder, which policy shall name Lessor as an additional insured.
Lessee shall also maintain at all times during the term of this agreement a "commercial vehicle
liability" insurance policy with a Combined Single Limit of $500,000.00 covering any vehicles
used by Lessee on the Premises, and shall meet statutory requirements for the provision of
worker's compensation insurance. A certificate of insurance for each of these policies shall be
submitted to the City, at the time of signing of this agreement.
11. Destruction of Premises. In the case of damage to the Premises by fire, flood, or
any other such casualty, whether by act of God or nature or third parties, and if the damage
renders the Premises untenantable in whole or part, then, at the Lessee's option, this Lease shall
cease and terminate and the rent shall be apportioned to the time of damage, provided, however,
that if Lessee chooses not to terminate the Lease, Lessee shall repair the damage with reasonable
dispatch and there shall be an abatement or apportionment of the rent until the damage has been
repaired. In determining what constitutes reasonable dispatch, consideration will be given to
delays caused by strikes, adjustment of insurance or other causes beyond the Lessee's or the
Lessor's control.
12. Encumbrances. Lessee shall pay all costs and charges for work done by it or
caused to be done by it, in or to the Premises and for all materials fumished in connection with
such work. In no event shall Lessee be entitled to cause or permit the establishment of any lien
or other encumbrance on the Premises.
13. Requirements of Law. At all times during the term of this Lease, Lessee shall
observe and comply promptly with all then current laws, ordinances, resolutions, orders,
covenants, restrictions, rules and regulations and standards of the federal, state and local
governments, and of all courts or other governmental authorities having jurisdiction over the
Premises or any portion thereof, whether the same are in force at the commencement of this
Lease or are in the future passed, enacted or directed. Lessee shall require compliance with the
foregoing by all invitees or licensees present on the Premises through Lessee, and shall make
diligent effort to prevent the violation of any such requirements by trespassers or any other
persons present on the Premises during the term of this Lease.
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14. Environmental Concerns. Lessee shall not create or permit any condition on the
Premises that could present a threat to human health or the environment. Lessor may at its
option at any time conduct an environmental audit of the Premises, at Lessor's cost and expense,
to determine if any environmental damage to the Premises has occurred during Lessee's
occupancy thereof. Lessee shall pay all expenses for any further investigation or remedial action
that may be required as a result of said audit to correct any environmental damage, and all
necessary work shall be performed by Lessee without delay upon notice from Lessor of the need
for further investigation or remediation.
15. Default by Lessor. If the Lessor shall breach any of the conditions required to be
performed by the Lessor under this Lease, Lessee may elect to terminate this Lease upon giving
at least thirty (30) days notice to the Lessor of its intention to so do, in which event this Lease
shall terminate upon the date fixed in such notice unless the Lessor shall have meanwhile cured
such default. Election by Lessee to terminate under this provision shall not be construed as a
waiver of any of Lessee's rights as a non-defaulting party to such other remedies as may be
available in law or equity.
16. Default by Lessee. If the rent provided for above, or any part thereof, shall be in
arrears, or if default shall be made by Lessee in any of the covenants or agreements herein
contained, the Lessor shall give to Lessee five (5) days notice to correct any default in the
payment of rent, or to undertake performance which will cure any other default; and if said rent
is not paid or cure commenced within the said five (5) day period, or if Lessee fails to diligently
pursue the work thereafter required to cure such other default, it shall be lawful for the Lessor, at
the Lessor's election, to declare Lessee's right of possession ended and to enter into the Premises,
or any part thereof, and with process of law to expel, remove, and put out Lessee or any person
or persons occupying the same, and to repossess and enjoy the Premises as in the first and
former state of said Lessor, and in the event of such failure to correct said default. Lessee
hereby covenants and agrees to surrender and deliver up the Premises peaceably to the Lessor
immediately upon the termination of this Lease, and to remove all personal property upon such
termination. If Lessee shall remain in the possession of the same after the termination thereof,
Lessee shall be deemed guilty of an unlawful detainer of the Premises under the law and subject
to eviction and removal. In the event Lessee fails to remove their personal property from the
Premises upon termination of this Lease, Lessee hereby agrees that the Lessor shall at that time
be entitled to take possession of said personal property and to dispose of the same in any manner
deemed appropriate by the Lessor, in its sole discretion.
17. Lessor's Right to Enter the Premises. The Lessor, or its agents shall at all
reasonable times, be permitted to enter upon the Premises, excluding the improvements, for the
purpose of inspecting the Premises.
18. Assignment or Subleasing. This Lease shall not be assigned or subleased by
Lessee.
19. Holding Over. If after the expiration of the term of this Lease, Lessee fails to
surrender possession of the Premises, Lessee shall be deemed to be in default and subject to the
default provisions set forth in Section 16, above. Any personal property on the Premises shall
become the property of the Lessor if it remains on the Premises after this Lease termination.
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20. Notices. Any notice by either party to the other shall be in writing and shall be
deemed to be duly given only if delivered personally, or mailed by certified mail, return receipt
requested, in a postage prepaid envelope addressed to the parties as follows:
LESSEE: Roger Hageman
Hageman Earthcycle Inc.
3501 1/2 East Prospect Street
Fort Collins, CO 80525
LESSOR: City of Fort Collins
Attention: Real Estate Services
P.O. Box 580
Fort Collins, CO 80522
WITH A COPY TO: Natural Resources Director
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
The addresses hereinabove set forth may be changed by either party by giving written notice to
the other party of the change of address.
21. Attorneys' Fees. In the event that either party shall default under any of the
provisions of this Lease and the non-defaulting party shall commence litigation to enforce this
Lease, the defaulting party shall be liable for all costs, expenses and reasonable attorneys fees
incurred by the non-defaulting party concerning such litigation.
22. Indemnity: Lessee agrees to indemnify and hold harmless Lessor from any loss,
damage, injury or death arising from any act or omission of Lessee, Lessee's invitees, licensees,
employees, or agents, to the person or property of the parties hereto and their employees, and to
the person or property of any other person or corporation while on or near the Premises.
23. No Waiver. The failure of Lessor, at any time, to assert rights pursuant to this
Lease shall not constitute a waiver of the right of Lessor to make subsequent assertions of such
rights.
24. Miscellaneous.
A. This Lease shall be governed by, construed and enforced in
accordance with the laws of the State of Colorado.
B. All obligations of the Lessor hereunder are expressly contingent
upon the annual appropriation of funds sufficient to carry out the
same by the City Council of the City of Fort Collins.
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C. In construing this Lease, feminine or neuter pronouns shall be
substituted for those masculine in form and vice versa, and plural
terms shall be substituted for singular and singular for plural in any
place in which the context so requires.
D. The covenants, terms, condition, provisions and undertakings in
this Lease shall extend to and be binding upon the heirs, executors,
administrators, successors, and assigns of the respective parties
hereto as if they were in every case named and expressed and shall
be construed as covenants running with the land. Wherever
reference is made to either of the parties hereto, it shall be held to
include and apply also to the heirs, executors, administrators,
successors, and assigns of such party as if in each and every case
so expressed.
E. The captions of paragraphs in this Lease are inserted only as a
matter of convenience and for reference and in no way define,
limit or describe the scope or intent of this Lease or of any
provisions herein.
F. This Lease contains the entire agreement between the parties and
cannot be changed or terminated orally, but only by an agreement
in writing signed by the parties hereto.
G. If any provisions of this Lease shall be declared invalid or
unenforceable, the remainder of this Lease shall continue in full
force and effect.
H. The persons who have executed this Lease represent and warrant
that they are duly authorized to execute this Lease in their
individual or representative capacity as indicated.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day
and year first above written.
LESSEE:
By:
Name:
Title:
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LESSOR:
CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation
By:
John F. Fischbach, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
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EXHIBIT "A"
1of4
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 6435725 C-2
SCHEDULE A - Continued
LEGAL DESCRIPTION
PARCEL I:
A tract of land located in Section 21 and in the Northeast One-Quarter of
Section 28, all of Township 7 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, Colorado, more particularly described as
follows:
Beginning at a point on the South line of the NW1/4 of said Section 21,
from which point the Center 1/4 Corner of said Section 21 bears South 88
degrees 26 minutes 30 seconds East, 366 .18 feet, said point of beginning
being a corner in the Southerly line of the tract of land described in
Book 2132 at Page 328 of the Larimer County records;
thence North 01 degrees 10 minutes 00 seconds East, following the
Southerly lines of said tract, 218 .65 feet;
thence South 89 degrees 46 minutes 32 seconds West, 416 . 84 feet to a
Southwesterly corner of said tract and a point of curvature to the right;
thence 535 .91 feet along the arc of a curve concave Northeasterly to a
point of tangency, said curve having an interior angle of 87 degrees 21
minutes 46 seconds, a radius of 351.47 feet, a tangent length of 335.66
feet and a chord bearing North 46 degrees 32 minutes 35 seconds West
485.49 feet;
thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a
point on a line which is parallel to and 1, 650 . 00 feet distant Northerly
at right angles from the South line, NW1/4;
thence North 88 degrees 26 minutes 30 seconds West along said parallel
line, 303 .45 feet;
thence South 01 degrees 33 minutes 30 seconds West along a line at right
angles to the South line, NW1/4, 1, 650.00 feet to a point on the South
line, NW1/4, said point on the South line, NW1/4 bearing South 88 degrees
26 minutes 30 seconds East, 584.59 feet from the NW corner of the parcel
of land described in Book 1729 at Page 143 as Reception No. 169710 of the
Larimer County records;
thence South 88 degrees 26 minutes 30 seconds East, 817.14 feet along the
North line of the SW1/4 of said Section 21;
thence South 30 degrees 53 minutes 36 seconds East 475.46 feet to a point
on a line which is parallel to and 100 .00 feet distant Westerly at right
angles from the prolonged Easterly line of the parcel of land described
in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County
records;
thence South 01 degrees 10 minutes 00 seconds West along said parallel
line 1,491. 85 feet to a point which bears North 88 degrees 50 minutes 00
seconds West, 100 . 00 feet from the NW corner of the tract of land
described in Book 2129 at Page 969 as Reception No. 424883 of the Larimer
County records;
thence South 22 degrees 06 minutes 17 seconds East 168 .06 feet;
thence South 01 degrees 21 minutes 57 seconds West 613 .42 feet to a point
EXHIBIT "A"
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TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 6435725 C-2
SCHEDULE A - Continued
LEGAL DESCRIPTION
on the South line of the SW1/4 of said Section 21, said point bearing
North 88 degrees 36 minutes 03 seconds West, 437.56 feet from the S1/4
corner of said Section 21;
thence South 88 degrees 36 minutes 03 seconds East, 437.56 feet to said
S1/4 corner;
thence, following the last two courses of the tract of land described in
Book 2129 at Page 969 as Reception No. 424883 of the Larimer County
records, South 00 degree s 11 minutes 10 seconds West, 79.12 feet;
thence South 84 degrees 44 minutes 03 seconds East, 242 .49 feet to an
angle point in the Southerly line of said tract;
thence North O1 degrees 10 minutes 00 seconds East, 100 .00 feet;
thence North 67 degrees 12 minutes 45 seconds West, 261.63 feet;
thence North 88 degrees 35 minutes 16 seconds West, 135 .18 feet;
thence North 43 degrees 15 minutes 00 seconds West, 285 .33 feet;
thence North 03 degrees 40 minutes 45 seconds East, 420.13 feet to a
point on the Northerly line of the last mentioned tract, said point
bearing South 60 degrees 46 minutes 09 seconds East, 96 .74 feet from the
NW corner of said tract;
thence North 60 degrees 46 minutes 09 seconds West 96 .74 feet to said
tract corner;
thence North 01 degrees 10 minutes 00 seconds East along the prolonged
Easterly line of the parcel of land described in Book 1972 at Page 170 as
Reception No. 318483 of the Larimer County records, 1, 892 .39 feet to the
point of beginning.
County of Larimer, State of Colorado.
PARCEL II:
cated in the NW1/4 of Section 21, Township 7 North,
A tract : land lo
Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado,
more particularly described as follows:
Beginning at the Center 1/4 corner of said Section 21;
thence North 88 degrees 26 minutes 30 seconds West, along the South line
of the NW1/4 of said Section 21, 366 .18 feet to an angle point in the
lines of the tract of land described in Book 2132 at 328 of the
said
Larimer County Records;
thence following two courses of said tract, North 01 degrees 10 minutes
00 seconds East, 218.65 feet and South 89 degrees 46 minutes 32 seconds
West, 416.84 feet to a Southwesterly corner of said tract and a point of
curvature to the right;
thence 535. 91 feet along the arc of a curve concave Northeasterly to a
point of tangency, said arc of curve having an interior angle of 87
drees 21 minutes 46 seconds, a radius of 351.47 feet, a tangent length
egress of ress feet and a chord bearing North 46 degrees 32 minutes 35 seconds
West, 485.49 feet;
EXHIBIT "A"
3of4
TRANSNATION TITLE INSURANCE COMPANY
commitment No. : 6435725 C-2
SCHEDULE A - Continued
LEGAL DESCRIPTION
Thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a
point on a line which is parallel to and 1, 650.00 feet distant Northerly
at right angles from the South line of the NW1/4 of said Section 21, said
point being the True Point of Beginning;
Thence North 88 degrees 26 minutes 30 seconds West, along said parallel
line, 303 .45 feet;
Thence South 01 degrees 33 minutes 30 seconds West, along a line at right
angles to the South line of the NW1/4 of said Section 21, 1, 650. 00 feet
to a point on the South line of the NW1/4, said point bearing South 88
degrees 26 minutes 30 seconds East, 584 .59 feet from the NW corner of the
parcel of land described in Book 1729 at Page 143 as Reception No. 169710
of the Larimer County Records;
Thence North 88 degrees 26 minutes 30 seconds West, along the South line
of the NW1/4 of said Section 21, 1, 104 .89 feet to the West 1/4 corner of
said Section 21;
Thence North 00 degrees 17 minutes 23 seconds East, along the West line of
said NW1/4, 2, 625 .46 feet to a point on a line which is parallel to and
30 . 00 feet distant Southerly at right angles from the North line of said
NW1/4;
Thence South 88 degrees 14 minutes 33 seconds East, along said parallel
line, 726 .74 feet;
Thence South 01 degrees 45 minutes 27 seconds West, along a line at right
angles to said North line of the NW1/4, 247 .00 feet to a point on a line
which is parallel to and 277 .00 feet distant Southerly at right angles
from the North line of said NW1/4;
Thence South 88 degrees 14 minutes 33 seconds East, along the last
mentioned parallel line, 740 .60 feet to a point which bears North 01
degrees 33 minutes 30 seconds East from the True Point of Beginning;
Thence South 01 degrees 33 minutes 30 seconds West, 722 .72 feet to the
True Point of Beginning.
EXCEPT parcels of land conveyed by Deeds recorded December 20, 1990 as
Reception No. 90058841 and April 16, 1996 as Reception No. 96026405.
County of Larimer, State of Colorado.
PARCEL III :
A tract of land located in the NW1/4 of Section 21, Township 7 North,
Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado,
more particularly described as follows:
Beginning at the Center 1/4 corner of said Section 21;
Thence North 88 degrees 26 minutes 30 seconds West along the South line
of the NW1/4 of said Section 21, 366 .18 feet to an angle point in the
lines of the tract of land described in Book 2132 at Page 328 of the said
Larimer County Records;
Thence, following two courses of said tract, North 01 degrees 10 minutes
i
EXHIBIT "A"
4of4
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 6435725 C-2
SCEEDULE A - Continued
LEGAL DESCRIPTION
00 seconds East, 218.65 feet and South 89 degrees 46 minutes 32 seconds
West, 416.84 feet to a Southwesterly corner of said tract and a point of
curvature to the right, said tract corner being the TRUE POINT OF
BEGINNING;
Thence 535.91 feet along the arc of a curve concave Northeasterly to a
point of tangency, said arc of curve having an interior angle of 87
degrees 21 minutes 46 seconds, a radius of 351.47 feet, a tangent length
of 335 .66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds
West, 485.49 feet;
Thence North 02 degrees 51 minutes 42 seconds West, 1, 123 .45 feet to a
point on a line which is parallel to and 1, 650.00 feet distant Northerly
at right angles from the South line of the NW1/4 of said Section 21;
Thence North 01 degrees 33 minutes 30 seconds East, 722.72 feet to a
point on a line which is parallel to and 277.00 feet distant Southerly at
right angles from the North line of the NW1/4 of said Section 21;
Thence South 88 degrees 14 minutes 33 seconds East, along the last
mentioned parallel line, 223 .06 feet to a point on the West line of the
tract described in Book 1363 at Page 527;
Thence South 03 degrees 54 minutes 33 seconds East, along said West tract
line prolonged, 312 .30 feet to the SW corner of the tract described in
Book 2152 at Page 243;
Thence South 88 degrees 14 minutes 33 seconds East, along the South line
of the last mentioned tract, 466.69 feet to the SE corner of that tract;
Thence North 89 degrees 16 minutes 57 seconds East, 311.07 feet to the SW
corner of the tract described in Book 1137 at Page 309;
Thence South 88 degrees 14 minutes 33 seconds East, along the South line
of the last mentioned tract, 160 .00 feet to the SE corner of that tract,
a point on the East line of the NW1/4 of said Section 21;
Thence South 00 degrees 23 minutes 55 seconds West, along the East line
of the said NW1/4, 612 .55 feet to the NE corner of the tract described in
Book 2132 at Page 328;
Thence, following two courses of the last mentioned tract, South 57
degrees 23 minutes 22 seconds West 930 .13 feet and South 00 degrees 23
minutes 55 seconds West 730 . 90 feet to the True Point of Beginning.
County of Larimer, State of Colorado.
EXHIBIT"B"
Pros3Rd
PL Wei e
yCottonwood Hollow ;ELC \ Cente
iniWpod
a
Ho j 1 ,Runn1 ng Deer f
Natu I Area 1
- 1
1` i nvironm nta�+� r
1; ;\ Learning t
enter ,\
LEGEND e'apO
Vehicle Access �� J
�o
Gate
U l PL Parking Lot
Vehicle Accessible Trail
Foot Trail
Vicinity Map N
. ® Lease Area
Proposed Lease Area for Hageman Earth Cycle
1" = 1000`
Community Planning and Environmental Services ,.,.
Natural Resources Department
City of Fort Collins MEMORANDUM
FROM THE CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
DATE: April 25, 2001
TO: Mayor and Council Members
John Fischbach, City Manager 6S
p.M
FROM: Randy Fischer for the Natural Resources Advisory Board'✓
RE: Lease of Running Deer Natural Area to Hageman Earth Cycle
At its meeting of April 18, 2001 the Natural Resources Advisory Board voted by acclamation to
recommend Council approval of the proposed 5-year lease of a portion of Running Deer Natural
Area to Hageman Earth Cycle, Inc.
In our discussion, we recognized that Hageman Earth Cycle has operated in this vicinity for several
years, on property owned by the company and on property now owned by the City. As has been the
practice on other natural areas, it is important to work with preexisting tenants to make the transition
to a new area as smooth as possible. At the same time, it is important for the City to begin the
restoration of the property and integrate it into the remainder of Running Deer Natural Area within a
reasonable amount of time. We found that the 5-year lease term strikes a reasonable balance.
The Board acknowledged that Hageman Earth Cycle provides a valuable service in the Fort Collins
community. We encourage staff to continue to work with this business, as possible, to identify
alternative sites for the composting operation that would not have the floodplain and flood issues
associated with the current site.
If you have any questions about our recommendation, please contact me at 226-5383, or by e-mail at
kar da frii com.
281 N. College Ave. • P.O. Box 380 • Fort Collins,CO 80522-0580 • (970) 221-6600 • FAX(970)224-6177