HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2019 - FIRST READING OF ORDINANCE NO. 020, 2019, AUTHORIZAgenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY February 5, 2019
City Council
STAFF
David Myers, Land Conservation Manager
John Stokes, Natural Resources Director
Tawnya Ernst, Real Estate Specialist III
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 020, 2019, Authorizing the Second Amendment to the Long View Farm Open
Space Covenants, Conditions and Restrictions.
EXECUTIVE SUMMARY
The purpose of this item is to amend the Long View Farm Open Space Covenants, Conditions and Restrictions
to correct an error in the legal description. The acreage total (478.5 acres) in the legal description is correctly
described by the first amendment but it also contains an incorrect exception of 50 acres. Removing the
exception and the first sentence will correct the error in the legal description. The second amendment with the
correct legal description is attached to the Ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1997 Natural Areas partnered with Larimer County and the City of Loveland receiving a GOCO grant to
purchase the Long View Farm. As a condition of the GOCO grant a conservation easement was deeded and
held by the Legacy Land Trust (LLT). The property was transferred to Colorado Open Lands (COL) from
Legacy Land Trust along with the rest of LLT’s portfolio in 2016. During the review of the LLT conservation
easements, COL determined that the legal description for this property was inaccurate. A First Amendment
was recorded in 2014, intended to fix the legal description by replacing it with the correct version. The First
Amendment also removed .071 acres from the easement for a CDOT road construction project. Unfortunately,
while the First Amendment corrected a portion of the legal description, it did not correct all mistakes. This
Second Amendment will correct all inaccuracies in the legal description.
Colorado Open Lands has been working with GOCO to amend the Conservation Easement to correct the legal
description. The City of Fort Collins co-owns the Long View Farm with the City of Loveland and Larimer
County. GOCO requires prior approval from the landowners before moving forward with the amendment. Once
GOCO has the approval from the three agencies, they will give their final approval and the amendment will be
sent back to the City for signatures and recording.
BOARD / COMMISSION RECOMMENDATION
At its January 9, 2019, meeting, the Land Conservation & Stewardship Board voted unanimously to
recommend City Council adopt the Ordinance.
Agenda Item 13
Item # 13 Page 2
ATTACHMENTS
1. Long View Farm Open Space Map (PDF)
2. Land Conservation and Stewardship Board, Minutes (January 9, 2019 Excerpt) (PDF)
18,056
0.6
Longview Farm Open Space
This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only. Data layers that appear on this
map may or may not be accurate, current, or otherwise reliable.
City of Fort Collins - GIS
0.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
0 0.00 0.0 Miles
Notes
Legend
13,719
Parcels (County)
Conservation Easements
Natural Areas
Natural Area (City of Fort Collins)
State, County or Other Municipal Open Space
Meadow Springs Ranch (City of Fort C
City Limits
ATTACHMENT 1
Land Conservation & Stewardship Board
January 9, 2019
Minutes Excerpt:
Amendments to the legal description in the Covenants, Conditions and Restrictions
(CC&Rs) for the Longview Farm. Dave Myers, Land Conservation Manager discussed a
request by Colorado Open Lands to correct an error in the legal description of the
Covenants, Conditions and Restrictions for Longview Farm. The acreage total in the Legal
Description is correctly described by the first portion of Exhibit A-2. However, A-2 also
contains an incorrect exception for 50 acres. Removing the portion of Exhibit, A-2 that
follows the word “EXCEPT” will correct the legal description. To further clarify the legal
description, the first sentence will also be removed.
Discussion: Dave explained Colorado Open Lands hold the conservation easement to Longview
Farm. The property was acquired through a GOCO grant, hence their required approval. GOCO
won’t approve the amendment until they get approval from the County and all other involved
entities.
Vicky McLane made a motion recommending that City Council approve the second
amendment to the Longview Farm CC&Rs correcting the legal description.
Mike Weber seconded the motion. The motion was unanimously approved 7-0
ATTACHMENT 2
-1-
ORDINANCE NO. 020, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SECOND AMENDMENT TO THE LONG VIEW FARM
OPEN SPACE COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS, in 1997 the City of Fort Collins, Larimer County and the City of Loveland
jointly purchased approximately 478.5 acres of land located west of College Avenue and south
of County Road 32, now known as Long View Farm Open Space (the “Property”); and
WHEREAS, the Board of the Great Outdoors Colorado Trust Fund (“GOCO”) awarded
Larimer County a grant to assist with the acquisition of the Property; and
WHEREAS, as a condition of the grant GOCO required the owners of the Property to
execute and record a deed restriction to protect the Property from uses contrary to the purposes
of the grant; and
WHEREAS, on October 2, 2001, the City Council approved Ordinance No. 146, 2001,
authorizing a Declaration of Covenants, Conditions and Restrictions on the Property (the
“CCR”), with enforcement rights held by Legacy Land Trust (“LLT”); and
WHEREAS, all parties signed the CCR and it was recorded on November 15, 2001; and
WHEREAS, in 2014, when LLT was in the process of transferring its property holdings
to Colorado Open Lands (COL), COL discovered that the legal description attached to the CCR
was not accurate, and not consistent with what the City Council approved; and
WHEREAS, on October 7, 2014 the parties recorded an Amendment to the CCR to
correct the legal description (the “First Amendment”); and
WHEREAS, COL has now determined that the legal description that was attached to
Ordinance No. 146, 2001, and to the First Amendment, was also not accurate, as it incorrectly
excepted out a portion of the Property; and
WHEREAS, COL is working with GOCO on a Second Amendment to the CCR to
correct the legal description; and
WHEREAS, the proposed Second Amendment is attached hereto as Exhibit “A” and
incorporated herein by this reference, and the corrected legal description of the Property intended
to be encumbered by the CCR is attached as Exhibit A-3 to Exhibit A; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of any and all interests in real property owned in the name of the
City, provided that the City Council first finds, by ordinance, that such sale or other disposition
is in the best interests of the City; and
-2-
WHEREAS, at its regular meeting on January 9, 2019, the Land Conservation and
Stewardship Board voted to recommend the City Council adopt this Ordinance approving the
Second Amendment to the CCR.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that executing the Second Amendment
to the CCR to correct the legal description of the Property is in the best interests of the City;
Section 3. That the Mayor is hereby authorized to execute the Second Amendment to
the CCR in substantially the form attached hereto as Exhibit A, together with such additional
terms and conditions as the City Manager, in consultation with the City Attorney, determines are
necessary or appropriate to protect the interests of the City or to effectuate the purposes of this
Ordinance, including, but not limited to, any additional necessary changes to the description of
the property interests to be conveyed, as long as such changes do not materially increase the size
or change the character of such property interests.
Introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2019, and to be presented for final passage on the 19th day of February, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-3-
Passed and adopted on final reading on this 19th day of February, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Page 1 of 9
SECOND AMENDMENT
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
THE UTE FARM/ONE PUTT PROPERTY – PORTIONS OF LONGVIEW FARM
THIS SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR THE UTE FARM/ONE PUTT PROPERTY (“Second
Amendment”) is entered into this ____ day of , 2018, by and between the
COUNTY OF LARIMER, COLORADO, THE CITY OF FORT COLLINS, COLORADO AND
THE CITY OF LOVELAND COLORADO (collectively, the “Declarant”) and COLORADO
OPEN LANDS, a Colorado nonprofit corporation (“COL” or “Land Trust”), the address of
which is 1546 Cole Blvd. #200 Lakewood, CO 80401, as successor by merger to Legacy Land
Trust, a Colorado nonprofit corporation. The following exhibits are attached hereto and hereby
incorporated within:
Exhibit A-3- Corrected Description of the Amended Property
Exhibit D - Description of CDOT Property
Exhibit H - GOCO Consent to Second Amendment
RECITALS
A. The Declarant is the owner of certain property encumbered by the Declaration of
Covenants, Conditions and Restrictions (the “Original Property”) which was recorded
November 15, 2001 as Reception No. 2001103042 (the “Original Declaration”). The
Original Declaration contained terms and provisions intended to preserve the natural,
scenic, agricultural, open space, wildlife habitat and passive outdoor recreational values
of the land subject to the Original Declaration. Rights of enforcement under the Original
Declaration were granted to Legacy Land Trust, a Colorado nonprofit corporation
(“LLT”).
B. The Declarant and LLT entered into the Amendment to Declaration of Covenants,
Conditions and Restrictions for the Ute Farm/One Putt Property recorded October 7,
2014 as Reception No. 20140057499 (the “First Amendment”). The First Amendment
served to correct an error in the description of the Original Property and to release .071
acres of the Original Property to allow for the completion of a road improvement project
by the Colorado Department of Transportation (the “Amended Property”). The Original
Declaration as amended by the First Amendment is hereafter referred to as the
“Declaration”.
C. Colorado Open Lands, a Colorado nonprofit corporation (“COL”), is the successor by
merger to LLT and is the holder of the rights of enforcement described in the Declaration.
D. COL and the Declarant have determined that there are additional errors in the description
of the Amended Property. COL and Declarant desire to further amend the Declaration to
correct these errors.
EXHIBIT A
Page 2 of 9
NOW, THEREFORE, in accordance with the foregoing, the covenants and considerations
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged and agreed, the undersigned hereby amend the Declaration as follows:
1. Exhibit A-2 to the Declaration is hereby deleted in its entirety and replaced with Exhibit
A-3. The property described on Exhibit A-3 (less the CDOT Property described in
Exhibit D) is the property that was intended to be, and which is encumbered by the
Declaration.
2. All defined terms used herein shall have the same meaning as set forth in the Declaration
unless expressly provided to the contrary herein.
3. Declarant and COL hereby ratify and confirm this modification to the terms and
provisions of the Declaration.
4. Except as modified by this Second Amendment, the terms and provisions of the
Declaration shall remain in full force and effect.
5. The State Board of the Great Outdoors Colorado Trust (the “Board”) contributed to the
acquisition of the Original Property by Declarant. In accordance with the requirements of
the Declaration, the Board has given its written approval to this Amendment, as
evidenced by the Consent attached hereto as Exhibit H.
(SIGNATURE PAGES FOLLOW)
IN WITNESS WHEREOF, this Second Amendment to the Declaration is executed as of the day
and year first above written.
Page 3 of 9
DECLARANT: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER,
COLORADO
Date: _________________
By:____________________________________________
Chairperson
ATTEST:
__________________________________________
Deputy Clerk of the Board
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ___ day of _______, 201__ by
_________________________, Chairperson, Board of Commissioners of Larimer County, Colorado,
as Managing Entity.
Witness my hand and official seal.
My commission expires: ______________
____________________________
Notary Public
Page 4 of 9
DECLARANT: CITY OF LOVELAND, COLORADO
Date: _________________
By:_______________________________________
Mayor
APPROVED AS TO FORM:
__________________________________________
City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ___ day of _______, 201__ by
_________________________, Mayor, City of Loveland, Colorado.
Witness my hand and official seal.
My commission expires: ______________
____________________________
Notary Public
Page 5 of 9
DECLARANT: CITY OF FORT COLLINS, COLORADO
Date: _________________
By:_______________________________________
Mayor
APPROVED AS TO FORM:
__________________________________________
City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ___ day of _______, 201__ by
_________________________, Mayor, City of Fort Collins, Colorado.
Witness my hand and official seal.
My commission expires: ______________
____________________________
Notary Public
Page 6 of 9
COLORADO OPEN LANDS,
a Colorado non-profit corporation
By:
Name: Anthony P. Caligiuri
Title: President
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this day of ,
201__, by Anthony P. Caligiuri as President of Colorado Open Lands, a Colorado non-profit
corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Exhibits attached:
Exhibit A-3 - Corrected Description of Amended Property
Exhibit D - Description of CDOT Property
Exhibit H - GOCO Consent to Second Amendment
Page 7 of 9
EXHIBIT A-3
CORRECTED DESCRIPTION OF AMENDED PROPERTY
A tract of land located in Section 23, Township 6 North, Range 69 West of the 6'" 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 71st Street, said point being the Point of Beginning;
thence along said Northerly right-of-way line, South 89°18'09" 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 corner 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 00°11’51" East, 2650.27 feet to the Center West 1/16 corner of Section 23;
thence, North 00°11 '54" East, 2636.51 feet to the West 1/16 corner between said Section 23 and
Section 14;
thence along the North line of the Northwest Quarter of said Section 23, North 89°21 '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, County of Larimer, State of Colorado.
LESS AND EXCEPT the Colorado Department of Transportation (CDOT) Property described in
the attached Exhibit D.
Page 8 of 9
EXHIBIT D
Description of CDOT Property
Project No. FSA 392A-016
PARCEL NUMBER:RW-1
Project Code: 18800
Date: July17, 2013
A tract or parcel of land No. RW-1 of the Department of Transportation, State of Colorado, Project No.
FSA 392A-016 containing 0.071 acres, more or less, located in the Northeast Quarter of Section 23,
Township 6 North, Range 69 West, of the 6th Principal Meridian, in the County of Larimer, State of
Colorado, said tract or parcel being more particularly described as follows:
Commencing at a point, whence the Northeast Corner of said Section 23 (3" Brass COOT Cap in a
monument box), bears N 89°07'00" E, a distance of 50.01 feet, said point being on the North line of said
Section 23, and on the existing westerly right-of-way line of U.S. Highway 287, also being the POINT
OF BEGINNING;
1. Thence along said existing right-of-way line, S 0°10'01" E a distance of 112.25 feet;
2. Thence S 89°49'59" W a distance of 41.66 feet;
3. Thence N 00°10'01" W a distance of 37.58 feet;
4. Thence N 46°31'40" E a distance of 34.57 feet;
5. Thence N 00°10'01" W a distance of 51.27 feet, to a point on the North line of said Section 23;
6. Thence along said section line, S 89°07'00" E a distance of 16.50 feet, to the POINT OF BEGINNING.
The above described tract or parcel of land contains 3,098 square feet (0.071 acres), more or less.
Basis of Bearings: Bearings are based on the west line of the Northwest Quarter of Section 24, Township
6 North, Range 69 West, of the 6th Principal Meridian, between the West Quarter Corner of Section 24, a
found 3" Brass CDOT Cap in a monument box, bearing N0°10'01" W, to the Northwest Corner of Section
24, a 3" Brass CDOT Cap in a monument box.
Prepared for and on behalf of the
Colorado Department of
Transportation Terry R. Maw, PLS #31161
Farnsworth Group, Inc.
4655 Forge Road, Suite 150
Colorado Springs, CO 80907
Page 9 of 9
EXHIBIT H
GOCO Consent to Second Amendment
(attach)