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Home My WebLink About072 - 05/20/1997 - AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN FORT COLLINS AND GREELEY TO PARTITION OWNERSHIP OF THE ORDINANCE NO. 72, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXCHANGE OF REAL PROPERTY BETWEEN THE CITIES OF FORT COLLINS AND GREELEY TO PARTITION OWNERSHIP OF THE ROCKWELL RANCH WHEREAS, the City of Fort Collins ("Fort Collins") and the City of Greeley ("Greeley") currently own jointly certain real property commonly known as the Rockwell Ranch,which property is legally described in Exhibit "A" attached hereto and incorporated by reference ("the Rockwell Ranch"); and WHEREAS,title to the Rockwell Ranch is currently held by Charles L. Bishopp, as Trustee for Fort Collins and Greeley, ("Bishopp"); and WHEREAS, on February 20, 1996, the City Council adopted Resolution 96-26 which directed City staff to pursue a land exchange with the United States Forest Service ("USFS"), using the USFS's administrative process; and WHEREAS, the purpose of the land exchange with the USFS is to secure for Fort Collins ownership of the land under and around the Joe Wright Reservoir; and WHEREAS, in order to accomplish this land exchange utilizing the USFS's administrative process, it is necessary for Fort Collins and Greeley to partition the Rockwell Ranch thereby conveying to each party one-half of all of the land constituting the Rockwell Ranch as well as one-half of all water rights related to the Rockwell Ranch; and WHEREAS,the water rights related to the Rockwell Ranch, which water rights Fort Collins and Greeley currently own jointly, are legally described on Exhibit "A" attached hereto and incorporated herein by reference ("the Water Rights"); and WHEREAS,it has been proposed that Greeley convey to Fort Collins all of its right,title and interest to Parcels A, B, C and D as legally described on Exhibit`B" attached hereto, constituting approximately 520 acres ("the Fort Collins Property"); and WHEREAS,it has been proposed that Fort Collins transfer to Greeley all of its right,title and interest to Parcels E, F, G and H as legally described on Exhibit "C" attached hereto, constituting approximately 520 acres ("the Greeley Property"); and WHEREAS,is has also been proposed that Fort Collins and Greeley divide equally the Water Rights; and WHEREAS,the Greeley City Council has adopted Resolution No. 1, 1997, dated January 7, 1997, approving this proposed partitioning of the Rockwell Ranch and the Water Rights; and WHEREAS, under Section 23-111(a) of the Code, the Council is authorized to sell real property owned in the name of Fort Collins, provided it first finds that the sale is in the best interests of Fort Collins; and WHEREAS,Code Section 23-111(b)provides that with respect to real property which is part of Fort Collins' water utility system,the Council must also find that disposition will not materially impair the viability of the water utility system as a whole and that it will be for the benefit of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the Council hereby finds that Fort Collins' conveyance to Greeley of all of its right, title and interest to the Greeley Property and to one-half of the Water Rights, in consideration for Fort Collins conveying to Greeley all of its right,title and interest to the Greeley Property and to one-half of the Water Rights, is in the best interest of Fort Collins and that such disposition will not materially impair the viability of the Fort Collins' water utility system as a whole and that it will be for the benefit of the citizens of the Fort Collins. Section 2. That the Mayor and Bishopp be, and hereby are, authorized and directed to execute such intergovernmental agreements, instruments of conveyance, and other documents as the City Manager and City Attorney may determine to be necessary for Fort Collins to convey to Greeley all of its right, title and interest to the Greeley Property and to one-half of the Water Rights, in consideration for Greeley conveying to Fort Collins all of its right,title and interest to the Fort Collins Property and to one-half of the Water Rights. Introduced,considered favorably on first reading, and ordered shed this 6t o May, A.D. 1997, and to be presented for final passage on the 20th d of A.D. 1VYayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of A.D ay 1997. 1 or r�TT T: VrE ty Cl •k EXHIBIT "A" Water Rights in the Rockwell Ranch water decrees: Rockwell Ditch No. 1, in the volume of 1.20 cfs Rockwell Ditch No. 2, in the volume of 1.70 cfs Rockwell Ditch No. 3, in the volume of 2.68 cfs Rockwell Ditch No. 4, in the volume of 1.870 cfs Rockwell Ditch No. 5, in the volume of 1.950 cfs Rockwell Ditch No. 6, in the volume of 2.50 cfs EXHIBIT "B" PARCEL A: SW 1/4, SE 1/4, Sec. 5, T8N,R72W. PARCEL B: Lots 3 and 4; NE 1/4 SW '/4;NW '/4 SE '/4, Sec. 19, T8N,R72W. PARCEL C: S '/z NE `/4;NW '/4 SE '/4; NE 1/4 SW'/4, Sec. 15, T8N, R73W. PARCEL D: SW 1/4 NW '/4;NW 1/4 SW 1/4, Sec. 26, T8N, R73W; SE 1/4 NE '/4;NE '/4 SE '/4, Sec. 27, T8N, R73W Said property contains approximately 520 acres, all located in the County of Larimer, State of Colorado. EXHIBIT "C" PARCEL E: NW '/4,NE '/4, Sec. 8, T8N, R72W. PARCEL F: SW '/4 NE '/4; SE'/4 NW '/4;NE '/4 SW '/4; SE '/4 SW'/4, Sec. 20, T8N, R72W. PARCEL G: Lots 3 and 4; NE '/4 SW '/4;NW'/4 SE'/4, Sec. 30, T8N, R72W. PARCEL H: SW '/4 Sec. 25, T8N,R73W. Said property contains approximately 520 acres, all located in the County of Larimer, State of Colorado.