HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/15/2020 - RESOLUTION 2020-084 AUTHORIZING THE MAYOR TO EXECU Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Mark Sears, Natural Areas Manager
Ingrid Decker, Legal
SUBJECT
Resolution 2020-084 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County
to Implement the Laramie Foothills Expansion 2020 - Land Conservation Project.
EXECUTIVE SUMMARY
The purpose of this item is to seek Council approval of a Resolution implementing an Intergovernmental
Agreement (IGA) with Larimer County for the “Laramie Foothills Expansion 2020 - Land Conservation Project”.
The Project will conserve up to 3,533 acres in the Laramie Foothills near Soapstone Prairie Natural Area and
adjacent to Red Mountain Open Space or Roberts Ranch Conservation Easement.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The proposed conservation project builds upon the exemplary vision of the 2004 - Laramie Foothills -
Mountains to Plains Land Conservation Partnership, funded by Great Outdoors Colorado (GOCO), Legacy
Land Trust, Larimer County, City of Cheyenne, The Nature Conservancy and the City of Fort Collins. The
current effort would conserve up to 3,533 acres on up to five exceptional properties directly adjacent to Red
Mountain Open Space and Roberts Ranch Conservation Easement. (Attachment 1) This project has great
potential to serve as a catalyst for adjacent landowners who want to conserve their properties due to the
friendly relationships developed by Larimer County Department of Natural Resources and Natural Areas staff.
Larimer County and the City have identified the Laramie Foothills north of Fort Collins as a conservation
priority since 2003 and have partnered multiple times to conserve land in this area. The City’s Natural Areas
Master Plan identifies these foothills as a key conservation priority. The area supports prime wildlife habitat,
creates an essential wildlife corridor between the mountains to the west and the plains to the east and provides
public access for connection to nature. Over the past several years, the Larimer County Natural Resources
Department has worked with five landowners who are now interested in conveying their properties for
conservation. The potential conservation area includes two properties, 1,669 acres of land, that will be added
to Red Mountain Open Space. Conservation easements are being negotiated on two properties, 1,204 acres
of land, also adjacent to Red Mountain Open Space. The fifth property, 640 acres, is adjacent to the
conserved Roberts Ranch and could be conserved with a conservation easement.
As requested by Council during the December 11, 2018 work session, staff developed criteria and associated
guiding questions to address Council’s suggestions related to external land conservation partnerships.
(Attachment 2) This partnership between the County and City meets all required guidelines. It leverages the
staff and funding resources necessary to acquire the properties. In addition to City and County resources, the
partners applied to GOCO for a grant. Larimer County submitted the grant application on behalf of the
partners. In June 2020, the project was awarded $812,475 to help fund the conservation of four properties
Agenda Item 11
Item # 11 Page 2
totaling 2,893 acres. There is now a fifth property, 640 acres, being negotiated on as an additional acquisition
outside the GOCO grant.
The County is the lead on all five of the property negotiations. GOCO requires that a conservation easement
be placed upon all lands purchased in fee and the conservation easement must be held by a third party. The
County will own and manage two properties totaling 1,669 acres and the City will hold the conservation
easements. The County will hold conservation easements on the three additional properties totaling 1,864
acres. The total area conserved will be 3,533 acres (1,669 acres in fee and 1,864 acres in conservation
easement).
Property County Acquisition City Acquisition
Hawk Canyon Ranch* 1,029 Acres Fee Title Conservation Easement
West Red Mountain Ranch* 884 Acres Conservation Easement
South Red Mountain Ranch* 320 Acres Conservation Easement
Green Valley Ranch* 660 Acres Conservation Easement
Boxelder Ranch 640 Acres Fee Title Conservation Easement
* Purchased in part with GOCO funds
CITY FINANCIAL IMPACTS
The total cost is estimated to be approximately $8.4 million. The costs will be split between the partners as
shown in Exhibit D of the IGA, with the County contributing approximately $4.91 million and the City
contributing $2.65 million, which is approximately a 65% - 35% split. If any additional or unanticipated costs
arise, Larimer County will be responsible for 65% and the City will be responsible for 35%. If for any reason
the properties would be sold, exchanged, transferred, or otherwise disposed of, the net proceeds from the
disposition will be divided amongst the partners in the same proportions contributed.
PUBLIC OUTREACH
Natural Areas Department updated the Master Plan in 2014 after two years of public input. The Master Plan
identifies regional land conservation partnerships and conservation in this area as high priorities.
ATTACHMENTS
1. Project Map (PDF)
2. Administrative Partnership Policy (PDF)
3. Land Conservation and Stewardship (LCSB) Minutes - August 2020 (PDF)
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RED MOUNTAINOPEN SPACE
SOAPSTONEPRAIRIENATURAL AREA
CSUResearch Foundation(Maxwell Ranch)10,000 acres
CR 37
N CR 23
N CR 15
2016 Larimer County Aerial Imagery
Legend
Hawk Canyon Ranch (1,029 ac)
West Red Mountain Ranch (884 ac)
South Red Mountain Ranch (320 ac)
Green Valley Ranch (660 ac)
Boxelder Ranch (640 ac)
!!Trails
Trailhead
Existing Conserved
Conservation Easement
Fee Simple
Public Lands
State of CO
Meadow Springs Ranch(Fort Collins)³
0 1.5 30.75 Miles
Sources: Esri, HERE, Garmin,USGS, Intermap,INCREMENT P, NRCan, Esri
Project Area
Meadow SpringsRanch26,000 acres
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15,728 acres
22,000 acres
Laramie Foothills Mountains to Plains 2020 Expansion Project
Wire Draw Ranch CE(FCNAD)
Roberts Ranch CE(TNC)
US 287
Ackerman ICE (LCDNR)
Ackerman IICE (LCDNR)
Roberts Ranch CE (TNC)
N CR 5
§¨¦25
West Red Mountain Ranch884 acres
Green Valley Ranch CE660 acres
Hawk Canyon Ranch Fee1,029 acres
South Red Mountain Ranch CE320 acres
Boxelder Ranch Fee640 acres
ATTACHMENT 1
Natural Areas – Administrative Policy
Land Acquisition Partnership Guidelines
Background
As requested by City Council during the December 11, 2018 work session, staff developed criteria and
associated guiding questions to address Council’s suggestions related to external land conservation
partnerships. The criteria and guiding questions will be utilized well in advance of formalizing a
partnership. If staff believes the partnership to be justified based upon the criteria and guiding questions,
a memo detailing staff’s recommendation will be presented to Council prior to moving forward. Thus, if
Council has any concerns they can be addressed well in advance of a potential transaction.
Criteria
• The acquisition must align with the land conservation priorities set forth by the Council Adopted -
City of Fort Collins 2014 Natural Areas Master Plan.
• Visitation must be free of charge if public access is allowed.
o If access fees are proposed, a staff recommendation to move forward must be explained
and justified in the report to council.
• The partner/s must have a positive track record of partnerships with the City and/or other
organizations.
• The partnership must enhance the conservation protections of the project.
• The land conservation project must leverage the parties’ resources in a manner that leads to
additional land conservation by one, or both, parties.
Guiding Questions
• Does the land conservation project align with the land conservation priorities set forth by the
Council Adopted - City of Fort Collins 2014 Natural Areas Master Plan?
• Does the partner have a positive track record of partnership with the City and or other
organizations?
• Is the project of mutual interest due to previous investments by the partners or due to its location?
• How will the land conservation project benefit citizens of Fort Collins?
• How can/should the land conservation project be funded?
o Are there grants available to help fund the project?
o Do the partners have the financial ability to participate?
• Will the financial partnership positively affect a grant application?
o Which partner is best suited to apply for and manage the grant?
• Would the land conservation project be possible without the partnership?
o If so, does the partnership leverage resources for additional conservation or partnership
opportunities?
• If the property is purchased:
o Which partner is best suited to manage the property?
• If the land is conserved with a conservation easement?
o Which partner is best suited to hold and monitor the conservation easement?
This Policy was Administratively Adopted by:
___________________________________________ ____________________________
John Stokes, Natural Areas Department Director Date
ATTACHMENT 2
Land Conservation & Stewardship Board
Minutes Excerpt from the LCSB meeting August 12, 2020
Laramie Foothills Expansion 2020 - Inter Governmental Agreement
Mark Sears introduced Meegan Flenniken and Charlie Johnson with the Larimer County
Department of Natural Resources. Meegan provided background on the Laramie
Foothills expansion project to conserve up to five properties near or adjacent to
Soapstone Prairie Natural Area and Red Mountain Open Space funded in part by a
Great Outdoors Colorado grant. This would conserve over 3,400 acres that will expand
the Laramie Foothills-Mountain to Plains wildlife corridor protection. Meegan explained
that a portion of the funding for the project will come from a GOCO grant received in the
Spring, totaling $812,475.00
Charlie Johnson provided a brief description of the properties to be included in the IGA.
Total contribution by the City is estimated at $2.5M of the estimated total cost of $8.2M.
Larimer County will contribute $4.82M and Great Outdoors Colorado will contribute
$0.82M. The IGA outlines that the cost split will be City 35% and County 65% and any
cost overruns will be split using the same percentages.
Ray asked what the status of the IGA was and the timeframe of moving forward.
Mark hopes to present the IGA to City Council in September and the County’s intention
is to present it to the County Commission for approval prior to it going to City Council.
Ray asked why the Board had not seen the full IGA document. Mark explained that
typically NAD does not share legal documents with the Board, such as leases and
contracts. The documents are typically very lengthy, although he overall general
contents of such are shared. Mark suggested it might be beneficial if the Board sends a
generic recommendation to City Council supporting the IGA.
Vicky McLane made a motion that the Land Conservation & Stewardship Board
recommends that City Council approve the IGA for the planned acquisitions, by
fee and by conservation easement, in the Laramie Foothills Expansion Project, as
described to the Board at its meeting of August 12, 2020. The Board further
recommends that the cooperative funding split between Fort Collins and Larimer
County be maintained as originally described. Kelly Ohlson seconded the
motion. The motion was unanimously approved 8-0
ATTACHMENT 3
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RESOLUTION 2020-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY TO IMPLEMENT THE LARAMIE FOOTHILLS
EXPANSION 2020 – LAND CONSERVATION PROJECT
WHEREAS, to meet shared land conservation goals, the City and Larimer County
(“County”) have been working together since 2003 to conserve land in the Laramie Foothills –
Mountains to Plains Conservation Area, including the Red Mountain Open Space (“Red
Mountain”) directly west of the City’s Soapstone Prairie Natural Area; and
WHEREAS, on January 21, 2020, the City Council approved Resolution 2020-009
authorizing an intergovernmental agreement between the City and Larimer County, pursuant to
which the City paid the County a portion of its costs for acquiring an inholding parcel in Red
Mountain and the County conveyed a conservation easement and a right of first refusal over the
Red Mountain inholding to the City; and
WHEREAS, Great Outdoors Colorado (GOCO) has awarded Larimer County $812,475
in GOCO grant funds for the Laramie Foothills Expansion 2020 – Land Conservation Project
(the “Project”); and
WHEREAS through the Project the County intends to acquire for conservation, in
partnership with the City, fee title and conservation easements to four additional parcels of real
property located adjacent to or near Red Mountain known as the Hawk Canyon Ranch, West Red
Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch, and hopes to acquire a
fifth parcel, Boxelder Ranch, separately from the GOCO grant (collectively, the “Ranches”); and
WHEREAS, the County proposes buying two of the Ranches totaling 1,669 acres in fee
simple to become part of Red Mountain, and acquiring conservation easements on the other three
Ranches totaling 1,864 acres; and
WHEREAS, the City wishes to collaborate with the County on the costs and
responsibilities of conserving the Ranches by splitting the acquisition costs with the County; and
WHEREAS as part of this arrangement the County would convey to the City
conservation easements (the “Conservation Easements”) on the two Ranch properties the County
purchases in fee; and
WHEREAS, the City already holds a conservation easement on the rest of Red Mountain;
and
WHEREAS, the City and County have negotiated a proposed intergovernmental
agreement regarding the Project, a draft of which is attached hereto as Exhibit “A” and
incorporated herein by reference (the “IGA”); and
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WHEREAS, the total cost of the Project will be approximately $8.4 million: in addition
to the $812,475 in GOCO grant funds the County would contribute approximately $4.91 million
and the City would contribute approximately $2.65 million; and
WHEREAS, under the terms of the IGA the City would pay the County a portion of the
costs of acquiring each Ranch, including a portion of the due diligence costs incurred by the
County for each acquisition, and the County would convey the two Conservation Easements to
the City by separate deeds of conservation easement; and
WHEREAS, the City’s portion of the funds has already been appropriated and is
available for expenditure in the Natural Areas fund; and
WHEREAS, under the IGA the County will also grant the City a right of first refusal if
the County ever wishes to sell all or a portion of the property interests it acquires for the Project,
and the County would retain a right of first refusal if the City wishes to sell the Conservation
Easements; and
WHEREAS, if either party were to sell or transfer its interest to a third party, the City and
County would split any proceeds from that conveyance in the same proportion as their
contributions to this Project; and
WHEREAS, at its regular meeting on August 12, 2020, the Land Conservation and
Stewardship Board voted to recommend that the City Council approve the IGA; and
WHEREAS, the proposed collaboration with the County, as documented in the IGA,
meets the criteria of the Natural Areas Department’s Land Acquisition Partnership Guidelines;
and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that entering into the IGA with the County
and acquiring the Conservation Easements are in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED 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.
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Section 2. That the City Council hereby authorizes the Mayor to execute the IGA,
pursuant to which the City will pay the County a portion of its costs for acquiring the Ranches,
and in exchange the County will convey to the City the Conservation Easements and a right of
first refusal over its interests in the Ranches while retaining a right of first refusal in the
Conservation Easements, in substantially the form attached hereto as Exhibit “A,” together with
such modifications and additions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City or further the purposes
of this Resolution, as set forth above.
Section 3. That the City Council hereby authorizes the City Manager to execute and
accept the Conservation Easements, as described in this Resolution and the IGA, and such other
instruments and documents required to complete their conveyance to the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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INTERGOVERNMENTAL AGREEMENT
CONCERNING THE LARAMIE FOOTHILLS 2020 EXPANSION PROJECT
This Intergovernmental Agreement (Agreement) is made this ___day of _____, 2020, by and
between the CITY OF FORT COLLINS, COLORADO (the "City") and LARIMER COUNTY, COLORADO
("Larimer County").
WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, Larimer County has imposed a sales and use tax via the "Help Preserve Open Spaces
Initiative" for the purchase and maintenance of open space, natural areas, wildlife habitat, parks and
trails and a portion of the funds generated by said sales tax are distributed to municipalities located
within Larimer County, including the City; and
WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as "Open Space
Yes!", portions of the revenues from which are intended and available for the purchase and
maintenance of open space, natural areas, and trails; and
WHEREAS, the parties recognize through the Larimer County Natural Resources and Fort Collins
Natural Areas Master Plans that certain lands in the Laramie Foothills in northern Larimer County are
important to be conserved through various means such as fee acquisition, conservation easements, and
regulatory measures; and
WHEREAS, the parties have historically worked cooperatively in this area to conserve wildlife
habitat and provide public recreation at Red Mountain Open Space and Soapstone Prairie Natural Areas
to protect and promote the quality of life, the natural environment and the character of the region; and
WHEREAS, the Larimer County Natural Resources Department and the City of Fort Collins
Natural Areas Department share common goals in conserving land in the Laramie Foothills north of Fort
Collins, and are forming a partnership per this IGA to implement a land conservation project known as
the “Laramie Foothills 2020 Expansion Project” to conserve in fee and through conservation easements
approximately 3,533 acres of land.
WHEREAS, Larimer County was awarded in 2020, $812,475 in GOCO grant funds to acquire in
partnership with the City fee title and conservation easements to additional parcels of real property
located in the County of Larimer, State of Colorado known as the Hawk Canyon Ranch, West Red
Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch parcels (“Laramie Foothills 2020
Expansion Properties” or “Properties”), which are depicted on the overview map attached as Exhibit A
and legally described in Exhibit B and C herein; and
WHEREAS, Larimer County anticipates executing a grant agreement with GOCO in July 2020, to
accept the $812,475 in GOCO funding necessary to proceed with the City to acquire respective interests
in the Hawk Canyon Ranch, West Red Mountain Ranch, South Red Mountain Ranch, and Green Valley
Ranch, as part of the Laramie Foothills 2020 Expansion Project (the “2020 GOCO Agreement”); and
EXHIBIT A
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WHEREAS, Larimer County anticipates acquiring through purchase of fee interests and
conservation easements, the real property described in Exhibit B, attached hereto and incorporated
herein by reference (the "County Acquisitions"); and
WHEREAS, GOCO requires a conservation easement to be placed upon all parcels acquired in fee
interest using GOCO funds; Larimer County will convey a conservation easement to the City on all
parcels it acquires in fee using GOCO Funds as described in Exhibit B.
WHEREAS, there is an additional parcel “Boxelder Ranch” being negotiated as an additional
acquisition outside the GOCO grant, also described in Exhibit B.
WHEREAS, the parties desire to cooperate and contract with one another concerning the
sharing of costs and responsibilities for the acquisition, ownership, improvement, and management of
the Properties.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
A. Subject Properties/Easements
1. The total cost for conserving the Properties including closing costs, title insurance,
surveying, appraisal fees, minor land divisions, Phase I Environmental Assessment Reports, Baseline
Reports, and Geologist and Remoteness Letters is estimated to be approximately $8,200,000. The
portion of those costs to be paid by GOCO, Larimer County and the City for each Property is
described in greater detail in Exhibit D.
2. In addition to the amounts reflected on Exhibit D the parties will split all unanticipated
acquisition costs arising during final negotiations and closing on the interests described herein. If
any additional or unanticipated costs arise, Larimer County will be responsible for 65% and Fort
Collins will be responsible for 35%. If that approach is not financially feasible for either party, the
parties agree to negotiate in good faith to reach a solution, which may include a different division of
costs, in order to proceed with the acquisitions. Exhibit D (and the other exhibits as necessary) will
be updated upon completion of the final acquisitions.
Acquisition of each property and conservation easements described in Exhibits B and C shall occur at
closings set at mutually agreed date(s), time(s) and location(s), at which each party shall bring
purchasing funds as described below and on Exhibit D, unless otherwise agreed by parties.
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3. The acquisitions will be structured as follows:
* Purchased in part with GOCO funds
Hawk Canyon Ranch (fee title and conservation easement) – approximately 1,091 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold title to the
fee interest, and will pay all miscellaneous costs associated with conserving this
property, to be shown on an updated Exhibit D following closing.
ii. City will prepare the conservation easement instrument(s) necessary for
conservation of the Hawk Canyon Ranch in collaboration with Larimer County and
GOCO.
iii. City will acquire and hold an approximately 1,091-acre conservation easement.
iv. Contributions towards the fee and CE acquisitions are shown on Exhibit D.
v. Upon acceptance and signing of the conservation easement by the parties, the City
will submit the conservation easement document for recording by the County Clerk
and Recorder in the real property records of Larimer County.
West Red Mountain Ranch (conservation easement)– approximately 884 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold the
conservation easement, and will pay all miscellaneous costs associated with
conserving this property, to be shown on an updated Exhibit D following closing.
ii. Larimer County will prepare and record the conservation easement instrument(s)
necessary for the conservation of the West Red Mountain Ranch in collaboration
with GOCO.
iii. Contributions towards the CE acquisition are shown on Exhibit D.
South Red Mountain Ranch (conservation easement) – approximately 320 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold the
conservation easement, and will pay all miscellaneous costs associated with
conserving this property, to be shown on an updated Exhibit D following closing.
ii. Larimer County will prepare and record the conservation easement instrument(s)
necessary for the conservation of the South Red Mountain Ranch property in
collaboration with GOCO.
Property County Acquisition City Acquisition
Hawk Canyon* Fee Title Conservation Easement
West Red Mountain* Conservation Easement
South Red Mountain* Conservation Easement
Green Valley* Conservation Easement
Boxelder Fee Title Conservation Easement
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iii. Contributions towards the CE acquisition are shown on Exhibit D.
Green Valley Ranch (conservation easement) – approximately 660 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold the
conservation easement, and will pay all miscellaneous costs associated with
conserving this property, to be shown on an updated Exhibit D following closing.
ii. Larimer County will prepare and record the conservation easement instrument(s)
necessary for the conservation of the Green Valley Ranch property in collaboration
with GOCO.
iii. Contributions towards the CE acquisition are shown on Exhibit D.
Boxelder Ranch (fee title and conservation easement) – approximately 640 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold title to the
fee interest, and will pay all miscellaneous costs associated with conserving this
property to be shown on and updated Exhibit D following closing.
ii. City will prepare the conservation easement instrument(s) necessary for
conservation of the Boxelder Ranch in collaboration with Larimer County.
iii. City will acquire and hold an approximately 640-acre conservation easement.
iv. Contributions towards the fee and CE acquisitions are shown on Exhibit D.
v. Upon acceptance and signature of the conservation easement by the parties, the
City will submit the conservation easement document for recording by the County
Clerk and Recorder in the real property records of Larimer County.
4. Promptly upon completion of each closing related to a property or easement described
in Exhibits A-D Larimer County and the City shall arrange for title insurance to be provided for the
acquired property or easement, for the benefit of the other party, consistent with the ownership
interests to be conveyed herein.
5. Until such time as the above-referenced closing and conveyance of the property
interests above shall occur, Larimer County shall remain the primary negotiator of the Properties
and shall have the discretion to make decisions related to the negotiations including choice of
surveyor, title company, and other administrative matters, consistent with this Agreement. The
parties shall promptly inform the other party of new developments in the negotiations and new
material information related to the subject properties and easements or the acquisitions thereof.
B. Management of the Laramie Foothills 2020 Expansion Properties
1. Larimer County will manage the approximately 1,091 acres acquired on the Hawk
Canyon Ranch property and approximately 640 acres acquired on the Boxelder Ranch as a part of
Red Mountain Open Space in accordance with the Red Mountain Open Space Management Plan
(which will be updated at a future date to reflect these acquisitions) and subsequent updates. Fort
Collins will steward and monitor the conservation easements placed on these two properties.
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2. Larimer County will steward and monitor the conservation easements placed on the
West Red Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch properties. Day-to-
day land management responsibilities will remain with the underlying private property owners.
3. Emergency Circumstances. In the event of emergency circumstances requiring
immediate response prior to the adoption of updated Management Plans which will be used to
guide the management of the Properties, as described above, Larimer County shall be entitled to
use reasonable discretion in responding to such circumstances. If possible, any such emergency
circumstances or responses shall be subject to consultation between the parties in advance of any
action being taken. In the event advance consultation is not reasonably possible, Larimer County
shall limit its actions to those necessary to address the existing emergency and shall make
reasonable efforts to inform the City promptly of any such event and chosen course of action.
C. Subsequent Sale and/or Transfer of Fee or Conservation Easement Interests
1. Once closings have occurred on the City and County’s respective acquisitions, if a party
desires to sell all or any portion of its fee interest in the Properties or transfer its interest in a
conservation easement (but not including conveyances of easements or rights-of-way), that party
(the “Selling Party”) shall provide at least 120 days’ advance written notice to the other party of its
intention regarding the property interest. The other party shall have a right of first refusal
(“Option”) to purchase such interest in the Properties for the proportional share of the fair market
value of such Property as determined by an appraiser selected by the parties. The other party shall
notify the Selling Party within 90 days whether it intends to purchase the Property. The parties shall
then work in good faith to negotiate a purchase and sale agreement and any necessary documents
for completion of the sale. The Option shall expire two years after the date of the Selling Party’s
written notice of its intent to sell its interest if the parties have not closed on the conveyance of the
Property interest by that time.
2. If the other party declines to purchase the subject property, the Selling Party may then
convey the Property as it chooses. Any such conveyance shall be subject to the terms of the related
conservation easement and any other existing encumbrances, restrictions or conditions applicable
to the conveyed property. In addition, in the event the County desires to sell all or any portion of its
fee interest in a Property, including easements or rights of way, and the City has a concern with the
impact of the proposed sale on the remaining interests in the Property, the parties agree to
negotiate in good faith to resolve the issue prior to the sale or transfer.
3. Any transfer or sale of a property interest acquired under this Agreement and subject to
the GOCO grant agreement shall be subject to GOCO requirements and review as described in the
GOCO Grant Agreements attached as Exhibit E and incorporated by reference herein.
4. In the event all or any portions of the subject properties are sold, exchanged,
transferred or otherwise disposed of, the net proceeds from such disposition shall be divided
between the County and the City in the same proportion as their respective contributions to the
initial purchase payments for acquiring the property interests sold. In the event all or any portion of
the subject properties is taken by eminent domain, the costs and proceeds of such condemnation
shall be shared proportionally by the parties based on the same division of proceeds as set forth
herein. Proceeds from such conveyance shall be subject to the provisions of each parties’ respective
applicable policies, ordinances, resolutions and plans.
6
D. General Provisions.
1. Each party agrees to execute all additional instruments and documents necessary to
effectuate the transactions and purposes described herein, subject to any necessary approvals.
2. This Agreement shall be binding upon and inure to the benefit of the parties’ respective
successors and permitted assigns.
3. Financial obligations of the party’s payable after the current fiscal year are contingent
upon the governing bodies of the parties, in their discretion, appropriating funds sufficient and
intended for such purposes. The parties’ obligations hereunder are also subject to the final award of
grant funds by GOCO.
4. Nothing in this Agreement waives the immunities, limits of liability, or other terms and
conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended.
5. Any notices required or permitted to be given shall be in writing and personally
delivered to the office of the parties hereof by first class mail, postage prepaid, as follows:
Natural Areas Director Natural Resources Director
City of Fort Collins – Natural Areas Department Larimer County - Natural Resources
Department
PO Box 580, Fort Collins 80522 1800 South County Rd. 31, Loveland 80537
Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually
received, or (ii) in the case of first class mail, the third day following deposit in the United States
mail, postage prepaid, addressed as set forth above. Any party may change these persons or
addresses by giving notice as required above.
[Signatures appear on the following page]
7
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement
concerning the Laramie Foothills 2020 Expansion Project, on the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By: _________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
LARIMER COUNTY, COLORADO
By: _________________________________
Chair, Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk Assistant County Attorney
8
EXHIBIT A
Overview Map
9
EXHIBIT B
County Acquisitions and Conservation Easements
Legal Descriptions & Maps: West Red Mountain Ranch CE, Hawk Canyon Ranch Fee, South Red
Mountain Ranch CE, Green Valley Ranch CE and Boxelder Ranch Fee
LEGAL DESCRIPTIONS
West Red Mountain Ranch
Parcel 1:
A tract of land situated in portions of Sections 21, 22, 27, 28 and 29, Township 12 North, Range 70 West
of the 6th P.M., Larimer County, Colorado, more particularly described as follows:
Beginning at the northeast corner of said section 27; thence S.00°15'15"W., along the east line of said
Section 27, a distance of 2716.52 feet to the east quarter corner of said Section 27; thence
S.89°27'55"W., along the south line of the North Half or said section 27, a distance of 5353.89 feet to the
east quarter corner of said Section 28; thence around the perimeter of portions of the 4 parcels of land
as described in Quitclaim Deed recorded July 17,1997 at Reception No. 97046034, Larimer County
Records the following 10 courses; thence N.08°41’38"E., a distance of 151.53 feet; thence
N.01°42’46"E., a distance of 514.35 feet; thence N.87°37'14"W., a distance of 207.48 feet; thence
S.08°55'46"W., a distance of 762.98 feet; thence S.78°42'46"W., a distance of 19.76 feet; thence
S.03°06'16"W., a distance of 638.55 feet; thence S.88°50'14"E., a distance of 126.84 feet; thence
S.00°21’46"W., a distance of 46.43 feet; thence S.89°38'14"E., a distance of 210.00 feet to the east line
of the SE1/4 of said Section 28; thence S.00°21’46"W., along said east line, a distance of 1912.11 feet to
the southeast corner of said Section 28; thence N.89°47'45"W., along the south line, of said section 28, a
distance of 2655.51 feet to the south quarter corner of said Section 28; thence N.89°48'16"W.,
continuing along the south line of said Section 28, a distance of 359.25 feet to the southeast corner of
that deed recorded December, 1987 at Reception No. 87071779, Larimer County Records; thence
N.00°11’44"E., along the east line of said deed recorded at Reception No. 87071779, a distance of
1365.00 feet to the northeast corner thereof; thence N.89°48'18"W., along the north line of said deed
recorded at Reception No. 87071779, a distance of 353.73 feet to the southeast corner of that Warranty
Deed recorded December 3, 1982 in Book 2197 at Page 523, Larimer County Records; thence N.
17°36'16"W., along the east line of said deed recorded in Book 2197 at Page 523, a distance of 362.35
feet to the northeast corner thereof; thence N.89°48'16"W., along the north line of said deed recorded
in Book 2197 at Page 523, a distance of 139.47 feet to the east line of that Warranty Deed recorded
August 6, 1980 in Book 2060 at Page 134, Larimer County Records; thence N.00°11’44"E., along the east
line of said deed recorded in Book 2060 at Page 134, a distance of 201.98 feet to the northeast corner
thereof; thence N.89°48'16"W., along the north line of said deed recorded in Book 2060 at Page 134, a
distance of 792.00 feet; thence S.00°11’44"W., along the west line or said deed recorded in Book 2060
at Page 134, a distance of 550.00 feet to a point on the north line of said deed recorded at Reception
10
No. 87071779; thence S.88°59'44"W., along the north line of said deed recorded at Reception No.
87071779, a distance of 1446.33 feet to a point on the easterly line of Red Mountain Road; thence
N.04°10'33"W., along said easterly line, a distance of 2382.26 feet to a point on the south line of that
Warranty Deed recorded March 25, 1998 at Reception No. 98023128, Larimer County Records; thence
S.89°42'54"E., along the south line of said deed recorded at Reception No. 98023128, a distance of
904.08 feet to a point on the line between Sections 28 and 29; thence N.89°50'28"E., along said south
line, a distance of 1020.28 feet to a found 1/2 rebar being the southwest corner of that Warranty Deed
recorded February 3, 1989 at Reception No. 89005370 of Larimer County Records; thence along the
southerly and easterly line of Said deed recorded at Reception No. 89005370 the following 6 courses:
thence N.71°59'02"E., a distance of 143.27 feet; thence N.75°30'10"E., a distance of 793.68 feet; thence
N.06°31°58"E., a distance of 581.91 feet; thence N.82°31’54"E., a distance of 213.00 feet; thence
S.79°38'44"E., a distance of 202.99 feet; thence N.89°26'32"E., a distance of 268.60 feet to the
southwest corner of that Quit Claim deed recorded June 21, 1991 at Reception No. 91027901 of Larimer
County Records; thence along the easterly and northerly line of said deed recorded at Reception No.
91027901 the following 6 courses: thence S.65°15'58"E., a distance of 494.81 feet; thence
N.24°42'26"E., a distance of 488.75 feet; thence S.65°40'15"E., a distance of 25.53 feet; thence
N.23°17'42"E., a distance, of 142.64 feet; thence S.66°42'18"E., a distance of 149.00 feet; thence
N.21°51’55"E., a distance of 568.30 feet to the north line of said Section 28; thence N.89°44.'42"E.,
along said north line, a distance of 1405.81 feet to a point 187.96 feet west of the northeast corner of
said Section 28; thence N.65°14'35"E., a distance of 46.16 feet; thence N.33°53'36"E., a distance of
191.07 feet; thence N.19°16'05"E., a distance of 123.60 feet to the west line of said Section 22; thence
N.00°15'07"E., along the west line of said Section 22, a distance of 246.23 feet; thence N.89°24'27"E., a
distance of 242.11 feet; thence S.00°12'22"W., a distance of 539.04 feet to the north line of said Section
27; thence N.89°10'54"E,, along said north line, a distance of 2436.74 feet to the north quarter corner of
said section 27; thence N.89°10'54"E., along said north line, a distance of 2679.29 feet to the point of
beginning.
EXCEPT The following three (3) tracts of land situated in a portion of the East Half of said Section 28,
Township 12 North, Range 70 West of the 6th P.M., Larimer County, Colorado, more particularly
described as follows:
TRACT 1: Beginning at a found 1/2" rebar which bears S.30°04,35"W. from the northeast corner of said
section 28 (when considering the north line of the Northeast Quarter of said Section 28 to have a
bearing of N.89°44'42"E.), a distance of 2611.00 feet; thence S.06°31'04"E., a distance of 165.25 feet to
a 1 1/2" aluminum cap stamped "SSS PLS 16154"; thence S.72°46'13"W., a distance of 455.51 feet to a 1
1/2" aluminum cap stamped "SSS PLS 16154"; thence N.17°04'53"W., a distance of 50.00 feet to a found
1/2" rebar; thence N.14°49'21” W., a distance of 97.20 feet to a found 1/2" rebar; thence N.76°25'34"E.,
a distance of 165.83 feet to a found 1/2" rebar; thence N.63°46'32"E., a distance of 209.78 feet to a
found 1/2" rebar; thence N.76°24'55"E., a distance of 109.56 feet to the point of beginning.
TRACT 2: Beginning at a found 1/2" rebar which bears S.38°26'18"W. from the northeast corner of said
section 28 (when considering the north line of the Northeast Quarter of said Section 28 to have a
bearing of N.89°44'42"E.); a distance of 2690.04 feet; thence S.14°28'40"E., a distance of 248.92 feet to
11
a point referenced by a found 1/2" rebar 5' witness corner; thence S.76°21'07"W., a distance of 215.71
feet to a point referenced by a found 1/2" rebar 5' witness corner; thence N.13°37'54"W., a distance of
248.88 feet to a found 1/2" rebar; thence N.76°20'57"E., a distance of 212.03 feet to the point of
beginning.
TRACT 3: Beginning at a found 1/2" rebar which bears S.29°05'59"W. from the northeast corner of said
section 28 (when considering the north line of the Northeast Quarter of said section 28 to have a
bearing of N.89°44'42"E.), a distance of 2962.45 feet; thence S.08°06'18"E., a distance of 330.43 feet to
a found 1/2" rebar; thence N.80°50'54"W., a distance of 270.39 feet to a found 1/2" rebar; thence
N.08°38'13"W., a distance of 240.43 feet to a found 1/2" rebar; N.79°44'25"E., a distance of 260.63 feet
to the point of beginning.
AND EXCEPT the following tract of land situated in a portion of the South Half of the North Half
(S12/N1/2) and in the North Half of the South Half (N1/2S1/2) of section 28, Township 12 North, Range
70 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows:
Beginning at a found 1/2" rebar which bears S.43°26'32"W.. from the northeast corner of said section 28
(when considering the north line of the Northeast Quarter of said section 28 to have a bearing of
N.89°44'42"E.), a distance of 3332.29 feet; thence S.89°56'25"W., a distance of 209.65 feet to a found
1/2" rebar; thence N.80°09'16"W., a distance of 556.62 feet to a found 1/2 rebar; thence S.03°52'25"W.,
a distance of 248.96 feet to a found 1/2" rebar; thence S.77°05'17"E., a distance of 586.74 feet to a
found 1/2" rebar; thence N.80°15'35"E., a distance of 203.26 feet to a found 1/2" rebar; thence
N.00°36'33"E., a distance of 250.17 feet to the point of beginning.
AND EXCEPT a tract of land situated in a portion of the East Half of the Southeast Quarter (E1/2SE1/4) of
Section 28, Township 12 North, Range 70 West of the 6th P.M., Larimer County, Colorado, more
particularly described as follows:
Beginning at the southeast corner of said Section 28: thence N.89°47'45"W., along the south line of said
Section 28, a distance of 734.72 feet; thence N.00° 2'15"E., a distance of 2683.02 feet to the north line
of said E1/2SE1/4; thence S.89°57'34"E., along said north line, a distance of 467.49 feet; thence
S.08°55'46"W., a distance of 82.41 feet; thence S.78°42'46"W., a distance of 19.76 feet; thence
S.03°06'16"W., a distance of 638.55 feet; thence S.88°50'14"E., a distance of 126.84 feet; thence
S.00°21’46"W., a distance of 46.43 feet; thence S.89°38'14"E., a distance of 210.00 feet to the east line
of said Section 28; thence S.00°21'46"W., along said east line, a distance of 1912.11 feet to the point of
beginning, being the same tract of land conveyed in Warranty Deed recorded at Reception No.
2000025253, Larimer County Records.
Parcel 2:
Parcel A, consisting of four parcels as follows situated in Larimer County, Colorado and described as
follows:
PARCEL I:
12
A tract of land situate in the E1/2 of Section 28, and in the NW1/4 of Section 27, all in Township 12
North, Range 70 West of the 6th P.M., which considering the North line of the E1/2 of said Section 28 as
bearing East and West and with all bearings contained herein relative thereto, is contained within the
boundary lines which begin at the East Quarter corner of said Section 28 (said East Quarter corner bears
S 01 degrees 55’ E 2720.87 feet from the Northeast corner of said Section 28), and run thence along the
East line of the SE1/4 of said Section 28,
S 00 degrees 57’ W, 666.67 feet;
thence N 89 degrees 03’ W 83.45 feet;
thence S 23 degrees 43’ W 44.98 feet;
thence S 89 degrees 25’ W 39.77 feet;
thence S 00 degrees 13’ E 18.38 feet;
thence N 88 degrees 15’ W 196.61 feet;
thence N 03 degrees 41’30” E 638.55 feet;
thence N 79 degrees 18’ E 19.76 feet;
thence N 09 degrees 31” E 335.15 feet;
thence S89 degrees 35’30” E 30.70 feet;
thence S 50 degrees 12’ E 37.22 feet;
thence S 68 degrees 19’30” E 213.30 feet;
thence S 07 degrees 10’30” W 151.05 feet to the POINT OF BEGINNING;
EXCEPT that portion of the above described property and contained in Deed recorded August 17, 1971
in Book 1472 at Page 802, County of Larimer, State of Colorado.
PARCEL II:
BEGINNING at a point which bears South 106.37 feet from the East Quarter corner of Section 28,
Township 12 North, Range 70 West of the 6th P.M.;
thence South 666.67 feet to a point;
thence West 210.00 feet to a point;
thence North 593.61 feet to a point;
thence North 44.90 feet to a point;
thence N 74 degrees 00’ E a distance of 102.15 feet to the POINT OF BEGINNING; said parcel of property
lying within the SE1/4 of Section 28, Township 12 North, Range 70 West of the 6th P.M.
PARCEL III:
A tract of land situate in the E1/2 of Section 28 and in the NW1/4 of Section 27, all in Township 12
North, Range 70 West of the 6th P.M., which considering the North line of the E1/2 of said Section 28 as
bearing East and West and with all bearings contained herein relative thereto, is contained within the
boundary lines which begin at a point which bears N 07 degrees 10’30” E 151.05 feet from the East
Quarter corner of said Section 28, and run
thence N 68 degrees 19’30” W 213.03 feet;
thence N 50 degrees 12’ W 37.22 feet;
thence N 89 degrees 35’30” W 30.70 feet;
thence N 09 degrees 31’ E 427.83 feet;
13
thence S 87 degrees 02’ E 207.48 feet;
thence S 02 degrees 18’ W 514.35 feet to the POINT OF BEGINNING.
PARCEL IV:
A portion of the NW1/4 of the SW1/4 of Section 27, Township 12 North, Range 70 West of the 6th P.M.,
being more particularly described as follows:
BEGINNING at the West Quarter corner of said Section 27;
thence S 00 degrees 57’ W 1320 feet;
thence East 330 feet;
thence N 00 degrees 57’ E 1320 feet;
thence West 330 feet to the POINT OF BEGINNING.
Parcel 3:
NW 1/4 of SW 1/4 Section 27, Township 12 North, Range 70 West of the 6th P.M., County of Larimer,
State of Colorado, EXCEPT the following described tract:
A portion of the NW 1/4 of the SW 1/4 of Section 27, Township 12 North, Range 70 West of the 6th
P.M., being more particularly described as follows:
BEGINNING at the West quarter corner of said Section 27; thence S 00°57’ W 1320 feet; thence East 330
feet; thence N 00°57’ E 1320 feet; thence West 330 feet to the POINT OF BEGINNING.
Parcel 4:
A tract of land situated in a portion of the East Half of the Southeast Quarter (E1/2SE1/4) of Section 28,
Township 12 North, Range 70 West of the 6th P.M., Larimer County, Colorado, more particularly
described as follows:
Beginning at the southeast corner of said Section 28: thence N. 89°47’45”W., along the south line of said
Section 28, a distance of 734.72 feet; thence N.00°12’15”E., a distance of 2683.02 feet to the north line
of said E1/2SE1/4; thence S.89°57’34”E., along said north line, a distance of 467.49 feet; thence
S.08°55’46”W., a distance of 82.41 feet; thence S.78°42’46”W., a distance of 19.76 feet; thence
S.03°06’16”W., a distance of 638.55 feet; thence S 88°50’14”E., a distance of 126.84 feet; thence
S.00°21’46”W., a distance of 46.43 feet; thence S.89°38’14”E., a distance of 210.00 feet to the east line
of said Section 28; thence S.00°21’46”W., along said east line, a distance of 1912.11 feet to the point of
beginning.
Hawk Canyon Ranch
Parcel 1:
The N1/2 of Section 14 and all of Section 11, Township 11 North, Range 70 West of the 6th P.M., except
that portion conveyed at Reception No. 94021466, County of Larimer, State of Colorado.
14
Parcel 2:
The S1/2 of Section 14, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of
Colorado, EXCEPTING THEREFROM that portion contained in Warranty Deeds recorded December 28,
2007 at Reception No. 20070096474 and Reception No. 20070096476, Larimer County records.
Green Valley Ranch
All of Section 1, Township 10 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado.
South Red Mountain Ranch
The N1/2 of Section 27, Township 11 North, Range 69 West of the 6th P.M., County of Larimer, State of
Colorado.
Boxelder Ranch
All of Section 2, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado.
15
EXHIBIT C
County Acquisitions and Conservation Easement Conveyances to City
Legal Descriptions & Maps – Hawk Canyon Ranch CE and Boxelder Ranch CE
Hawk Canyon Ranch
Parcel 1:
The N1/2 of Section 14 and all of Section 11, Township 11 North, Range 70 West of the 6 th P.M., except
that portion conveyed at Reception No. 94021466, County of Larimer, State of Colorado.
Parcel 2:
The S1/2 of Section 14, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of
Colorado, EXCEPTING THEREFROM that portion contained in Warranty Deeds recorded December 28,
2007 at Reception No. 20070096474 and Reception No. 20070096476, Larimer County records.
Boxelder Ranch
All of Section 2, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado.
16
Exhibit D
Laramie Foothills 2020 Expansion Project IGA
COST DATA (Subject to change based on actual appraised values and transaction costs)
Property GOCO Larimer County Fort Collins Total
West Red Mt. Ranch $218,000 $753,090 $405,510 $1,376,600
Hawk Canyon Ranch $450,000 $1,982,500 $1,067,500 $3,500,000
Green Valley Ranch $109,000 $651,820 $350,980 $1,111,800
South Red Mt. Ranch $35,475 $226,021 $121,704 $383,200
Boxelder Ranch $0 $1,300,000 $700,000 $2,000,000
Total $812,475 $4,913,431 $2,645,694 $8,371,600