HomeMy WebLinkAbout2020CV30833 - CITY OF FORT COLLINS V. PLANNING ACTION TO TRANSFORM HUGHES STADIUM SUSTAINABLY CORP, ET. AL - 015B - EXHIBIT 2 - ERNST AFFIDAVITGeneral Natural Areas Land Acquisition Steps
1) Determine potential acquisition target (Site Identification)
a. Staff initiated considerations: The 2014 Natural Areas Master Plan (prepared with public input)
establishes conservation focus areas and general land acquisition priorities.
i. Natural Areas Department (NAD) and Real Estate Services (RES) staff identify
confidential conservation priority parcels guided by the plan.
ii. Staff seeks regular input from the Land Conservation and Stewardship Board.
b. Public initiated considerations: Consider public inquiries on specific parcels.
c. Special Notes:
i. Natural Areas does not use eminent domain in any situation to acquire land. Land
is acquired from willing landowners only.
ii. City Council Resolution 2005-136 requires Natural Areas to consult with the City
Council whenever a proposed land or water acquisition is expected to:
1. Cost in excess of Two Million Dollars ($2,000,000);
2. Potentially raise significant policy considerations related to the Natural
Areas Department, the Master plan, or the use of Open Space, Yes! Or Help
Preserve Open Space dedicated funds.
2) Contact landowner to arrange a meeting and/or site visit
3) Conduct a site visit with landowner
4) Prepare a land evaluation form (template) and maps of the property
5) Discuss the potential acquisition with the Natural Areas’ Core Management Team and Land
Conservation Stewardship Board
6) Order and review title commitment
7) Negotiations
a. Appraisal/Valuation
i. The City has four appraisal companies under contract – Associated Value Consultants,
Bonnie Roerig, CBRE (Jon Vaughn) and Foster Valuation (West Foster)
ii. If staff is interested in obtaining an appraisal from an outside party (someone not under
contract), NAD and/or RES must enter into a sole source contract with that appraiser
and provide justification as to why we are electing to use someone outside the four
companies listed in above. Sole source must be approved by the Purchasing
Department.
iii. Sometimes staff will conduct an in-house valuation rather than obtain an appraisal –
particularly if there are recently purchased comparable properties in the area. This
valuation is typically completed by RES with help from NAD staff. Comparable sales
information is found on IREsis, CoStar and the County Assessor’s website.
iv. NAD usually pays for the appraisal. Occasionally, NAD and the landowner will agree to
share in the cost of an appraisal and jointly select the appraiser. In this case, NAD will
reimburse the landowner for their portion of the appraisal costs at closing. If the property
is not purchased, the landowner will not be reimbursed.
b. Offer letter submitted. Counter-offers are sometimes made at which point multiple offer letters
may be submitted until and agreement is reached.
8) Draft a Purchase and Sale Agreement once initial terms are agreed upon (Agreement is prepared by
Real Estate Staff, reviewed by NAD staff, the RES Manager and the City Attorney’s Office prior to being
sent to the landowner and their representative). Once all parties are comfortable with the agreement’s
language, the Purchase and Sale Agreement (P&S) is executed by the City Manager.
9) Additional due diligence performed after P&S Agreement is signed:
a. Phase I Environmental Report
b. Survey (not conducted 100% of the time but strongly recommended when possible
encroachments or other boundary issues exist)
i. For conservation easements additional due diligence includes:
1. Baseline Inventory Report
2. Mineral Report
10) Additional document drafting (RES responsibility)– warranty deeds, conservation easement, trail
easements, etc….
a. All initial drafts of documents (warranty deeds, easements, etc. must be reviewed by the City
Attorney’s Office before being sent to the landowner. RES staff prepare the initial drafts, send to
NAD staff and attorney for review. Then the document is sent to the landowner and their
representative for review.
11) Schedule closing and request settlement statements and arrange for a wire transfer – payments are
processed through the Natural Areas Financial Coordinator, approved by the Natural Areas Manager or
Director. Fund transfer wires are handled by Accounting and Treasury.
12) Prepare final copies of documents (deeds, easements) and route for City signatures prior to closing
(documents are sent through the City Attorney’s Office to the Mayor or City Manager and then the
Clerk’s Office. The documents are accompanied by a brief memo explaining the transaction.)
13) Attend closing
14) Obtain recorded documents
15) Send out distribution memo to NAD staff and City Attorney’s Office.
16) If water rights are acquired, additional documentation and stock certificates are sent to the Clerk’s
Office and Utilities’ Water Resources Office.
17) Note – Confidential quarterly land conservation reports (including map) are sent to the City Manager,
City Council and the Land Conservation and Stewardship Board. The reports briefly describe the active
NAD acquisition projects.