HomeMy WebLinkAbout020 - 02/19/2019 - AUTHORIZING THE SECOND AMENDMENT TO THE LONG VIEW FARM OPEN SPACE COVENANTS, CONDITIONS AND RESTRICT e
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
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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 O_ RDAINED 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.
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Passed and adopted on final reading on this 19th day of February, A.D. 2019.
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EXHIBIT A
SECOND AMENDMENT
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
THE UTE FARMIONE 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 "Lan_ d 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
servedserved 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.
Page 1 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:
I. Exheb_it 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.
S. 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 2 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 3 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 4 of 9
DECLARANT: CITY OF FORT COLLINS,COLORADO
Date:
By:
Mayor
APPROVED AS TO FORM:
City Attorney
STATE OF COL_ORADO )
) 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 5 of 9
4
COLORADO OPEN LANDS,
a Colorado non-prbft 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 6 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 00016'24" 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 of25°37'34", a radius of 305.00 feet and the chord of
which bears South 7662923" 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_ fine, South 890 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 80'10'35" 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;
the along the North line of the Northwest Quarter of said.Sectio.n 23,North 89°2I 'S6" 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 00016'24" 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 7 of 9
EXHIBIT D
Description of CDOT Property
Project No..FSA 392A-016
PARCEL NUMBER:RW-1
Project Code: 18800
Date:.July 17, 2013
A tract or parcel of land No. RW-I 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 89007'00" 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 3 7.5 8 feet;
4. Thence N 469 V40" E a distance of 34.57 feet;
5. Thence N 00'10'01" W a distance of 5l.27 feet,to a point on the North lane of said Section 23;
6. Thence along said section line, S 89°0T00" E a istance 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 NO°10'0l" 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 8 of 9
1 1 ,
EXHIBIT H
GOCO Consent to Second Ainendiiient
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Page 9 of 9
Account#: FTC-003160 ~e
FORT-COLLINS
CO �
Invoice Text
L )Mr-�DOA- NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 1
STAI'E OF COLORADO )
)ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I, being duly sworn. deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins, in said county and state: that the notice or advertisement. of which the annexed is a true
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof, that the publication of said
notice was contained in the issue of said newspaper on
02/24/19
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
G
Legal Clerk
Subscribed and sworn to before me,within the County of Brown. State of Wisconsin this
25th of February 2019.
Notary Public
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#of Affidavits:1 i���i,,//0 Ft tW`SG
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council, on Tuesday,
February 19, 2019, passed and adopted
the following ordinances on second
reading:
RDINANCE
OF THOE COUNCIL OFF THE C11TY OF
FORT
AMENDING SECT OLN 2 606 OF THE
CODE OF THE CITY OF FORT
AND SETTING TOHE COMPENSATION
OF THE CHIEF JUDGE
ORDINANCE NO.014,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING SECTION 2581 OF THE
CODE OF THE CITY OF FORT
AND SETTING TOHE COMPENSATION
OF THE CITY ATTORNEY
015,2019
OF THE ORDINANCE
OFO THE CITY OF
FORT COLLINS
AMENDING SECTION 2 596 OF THE
CODE OF THE CITY OF FORT
AND SETTING TOHE COMPENSATION
OF THE CITY MANAGER
ORDINANCE NO.016,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN THE
GENERAL FUND FOR THE ENVI-
RONMENTAL SERVICES RADON
PROGRAM AND AUTHORIZING THE
__ TRANSFER OF MATCHING
FUNDS PREVIOUSLY APPROPRIAT-
ED IN THE ENVIRONMENTAL
SERVICES DEPARTMENT OPERAT-
ING BUDGET
ORDINANCE NO.017,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING THE 2019 AMENDED
CLASSIFIED EMPLOYEES PAY
TO UPDAPLAN
TE CLASSIFIED POSITIONS
AS PROVIDED IN THE COLLECTIVE
BARGAINING AGREEMENT WITH
THE FRATERNAL ORDER OF PO-
LICE
ORDINANCE NO.018,2019
OF THE COUNCIL OF THE CITY OF
FORT
APPROPRIATING PR ORSYEAR RE-
SERVES IN THE GENERAL FUND
FOR THE COST OF POLICE SERV-
ICES SALARY AND BENEFIT
INCREASES AS PROVIDED IN THE
COLLECTIVE BARGAINING
AGREEMENT WITH THE FRATER.
NAL ORDER OF POLICE
019
OF THOE RDINANCE COUNCIL OFOTHE CI1TY OF
FORT COLLINS
MAKING VARIOUS AMENDMENTS
THE CITY OF
FORT COLOLINS LAND USE CODE
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,CONDI.
TIONS AND RESTRICTIONS
ORDINANCE NO.021
OF THE COUNCIL OFF THE C11TY OF
FORT COLLINS
AUTHORIZING THE LEASING OF
CERTAIN
PROPERTY AND THECITY EXECUTION
AND DELIVERY BY
THE CITY OF A SITE LEASE,A
LEASE AGREEMENT,AND
OTHER DOCUMENTS AND MATTERS
IN WITH
THE FINANCING OFICOERTAIN PROJ-
ECTS FOR THE CITY
The full text of these ordinances can be
found at httP://fcgov.cam/Publicnotices
or by calling the City Clerk's Office at
970-221-6515.
3402354
Coloradoon
Feb 24,2019
Account N: FTC-003160
FORT•COLLINS
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I( / Invoice Text
NOTICE IS HERFBY GIVEN that the Fort Collins City Council,on l
S'I'AI'E 01:COLORADO )
ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
NOTICE IS HEREBY GIVEN that the
Fort Collins City council, on Tuesday, I. being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan;_ that
February 5 2019, passed and adopted
the follawing ordinances on first the same is a daily newspaper of general circulation and printed and published in the City of Fort
reading. These ordinances will be Pre-
sented for final Passage on February 19, Collins, in said county and state: that the notice or advertisement, of which the annexed is a true
2019: copy, has been published in said daily newspaper and that the notice was published in the regular
ORDINANCE NO.016,2019 and entire issue of eve number of said newspaper durin the period and time of publication of said
OF THE COUNCIL OF THE CITY OF n' g P'
FORT COLLINS
NANT notice, and in the newspaper rO proper and not in a supplement thereof, that the publication of said
APPROPRIATING UNANTICIPATED P P' PP
GRANT REVENUE THE T
GENERAL FUND FOR THE ENVI- notice was contained in the issue of said newspaper on
RONMENTAL SERVICES RADON
PROGRAM AND AUTHORIZING THE
TRANSFER OF MARCHING 02/10/19
FUNDS PREVIOUSLY APPROPRIAT-
ED IN THE ENVIRONMENTAL
SERVICES DEPARTMENT OPERAT-
ING BUDGET that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
ORDINANCE NO.017,2019 period of at least six months next prior to the first publication of said notice or advertisement above
OF THE COUNCIL OF THE CITY OF
FORT COLLINS referred to; that said newspaper has been admitted to the United States mails as second-class matter
ADOPTING THE 2019 AMENDED
CLASSIFIED EMPLOYEES PAY under the provisions of the Act of March 3, 1879, or any amendments thereof-, and that said
PLAN newspaper is a dail newspaper dui qualified (or publishing legal notices and advertisements within
TO I:PDATE CLASSIFIED POSITIONSYy 4 P �'• g'
AS PROVIDED IN-THE COLLECTIVE BARGWNING AGREEMENT WITH the meaning of the laws of the State of Colorado.
THE FRATERNAL ORD`.:R OF PO-
LICE
ORDINANCE NO.018,2019
OF THE COUNC,'.OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES IN THE GENERAL FUND
FOR THE COST OF POLICE SERV-
ICES SALARY AND BENEFIT
INCREASES AS PROVIDED IN THE
COLLECTIVE BARGAINING I Subscribed and sworn to before file,within the County ol'Brown.Slate o iseonsln this
AGREEMENT WITH THE FRATER- i
NAL ORDER OF POLICE I Ith of February 2019.
ORDINANCE NO.019,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS - --
MAKING VARIOUS AMENDMENTS
TO THE CITY OF
FORT COLLINS LAND USE CODE
ORDINANCE NO.020,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
Notary Public
AUTHORIZING THE SECOND
AMENDMENT TO THE LONG VIEW
FARM
OPEN SPACE COVENANTS,CONDI.
TIONS AND RESTRICTIONS /7 _
ORDINANCE NO.021,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS Nolan•Expires
AUTHORIZING THE LEASING OF
CERTAIN CITY ���Itlllllllfl/�7j/
PROPERTY AND THE EXECUTION �� 0UA
AND DELIVERY BY
THE CITY OF A SITE LEASE,A �� P •y �i
LEASE AGREEMENT,AND ��� •' G' ���
OTHER DOCUMENTS AND MATTERS Legal No.0003377915
IN CONNECTION WITH NpTQRy
THE FINANCING OF CERTAIN PROJ.
ECTS FOR THE CITY — ®'
The full text of these ordinances can be Ln•'• "U C
found at http://fcgov.com/pubiicnotices % •. B L, ;• _ Affidavit Prepared
i Manday.February 11.2019 9:36 am
or by calling the City Clerk's Office at 1Cf3 i�-9�•, co \`�
970-221-6515. �i �
The Coloradoan , /�OlF tl�l I I ts1�O\`\\\\
Feb 10,2019