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Home My WebLink About045 - 05/16/2000 - AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH GOCO FOR EXPANSION OF THE CATHY FROMME PRAIRIE CONSE ORDINANCE NO. 45, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH GREAT OUTDOORS COLOR-ADO FOR THE "EXPANSION OF THE CATHY FROMME PRAIRIE" CONSERVATION PROJECT AND AUTHORIZING THE EXECUTION OF A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ON A 139-ACRE PORTION OF THE CATHY FROMME PRAIRIE, AS REQUIRED THEREBY WHEREAS,the Board of the Great Outdoors Colorado Trust Fund(the"GOCO Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article allocates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources; and WHEREAS, in September 1995, the City of Fort Collins was awarded a grant from the GOCO Board in the amount of $400,000 (the "Grant"), to assist with the acquisition of approximately 139 acres of land located east of Taft Hill Road and to the north adjacent to the original Cathy Fromme Prairie property,more particularly described on Exhibit"A", attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, in 1997, the City of Fort Collins acquired the Property; and WHEREAS, in connection with the administration of the Grant,the GOCO Board requires that the City enter into an intergovernmental agreement requiring that the Grant project be carried out in accordance with the purposes and administrative requirements of the GOCO Board,and other related requirements,as more particularly set forth in the Grant Agreement dated May 2,2000, and on file in the Office of the City Clerk (the"Grant Agreement"); and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, such as a grant agreement, as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. WHEREAS,the Grant Agreement provides for the use of the Grant as reimbursement for the acquisition of the Property, in exchange for the imposition of a deed restriction or conservation easement to protect the Property from uses contrary to the purposes of the Grant; and WHEREAS,the Plan for the Region Between Fort Collins and Loveland as adopted by the Council in Resolution 95-82,identifies the Property as a significant open space area to be protected; and WHEREAS,City Plan,as adopted by the Council in Resolution 97-25,identifies the property as a significant Open Land on the City Structure Plan; and WHEREAS,the objectives of the Natural Areas Policy Plan adopted by the Council as part of the City's Comprehensive Plan in Resolution 92-156, and referenced in City Plan, include establishing a system of publicly owned natural areas to protect the integrity of critical conservation sites, protecting corridors between natural areas, preserving outstanding examples of Fort Collins' diverse natural heritage and providing a broad range of opportunities for educational, interpretive and recreational programs to meet community needs; and WHEREAS,the Property is identified in the Natural Areas Policy Plan as important natural habitat to be protected pursuant to that Plan; and WHEREAS,City staff have reviewed the form of Declaration of Covenants,Conditions and Restrictions, dated May 2, 2000, and on file in the Office of the City Clerk,required by the GOCO Board as a condition of the Grant (the"Declaration"); and WHEREAS, the terms of the Declaration are consistent with the objectives of the City's Natural Areas Policy Plan,the Plan for the Region Between Fort Collins and Loveland,and the City Structure Plan; and WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is authorized to sell or otherwise dispose of any and all interests in real property owned in the name of the City, provided that Council first finds by ordinance that the sale or disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the execution of the Declaration on the Property is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Declaration in substantially the form for the same dated May 2,2000, and on file in the Office of the City Clerk, subject to such modifications in form or substance as the City Manager,in consultation with the City Attorney,may deem necessary to effectuate the purposes of this Ordinance or to protect the interests of the City. Section 3. That the Mayor is hereby authorized to enter into the Grant Agreement,together with such other terms and conditions, or subsequent modifications or amendments, as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and effectuate the purposes set forth herein. Introduced,considered favorably on first reading,and ordered published this 2nd day of May, A.D. 2000, and to be presented for final passage on the 16th day of May, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of May, A.D. 2000. Mayor ATTEST: Ix�oll / sYs City Clerk - a/i`-/5f EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1• A tract of land situate in the East 1/2 of the Northwest 1/4 and in the East 1/2 of the North 30 acres of the Southwest 1/4 of Section 3, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the West line of the said Northwest 1/4 as bearing N 00*07,08" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the Northerly bank of the Trilby Lateral which bears N 89038,45" E 1320.19 feet and again S 00004,59" W 845.86 feet from the Northwest corner of said Section 3 and run thence along the said Northerly bank, N 73*04136" E 10.82 feet and again S 59015112" E 94.79 feet and again S 82"10120" E 34.21 feet; thence leaving said Northerly bank, N 87*061030 E 167.70 feet to a point on the said Northerly bank; thence along the said Northerly bank, S 53°35127" E 115.10 feet and again S 33*41,34" E 99.13 feet and again S 48027129" E 79.93 feet and again S 64046115" E 77.28 feet and again S 70*23140" E 146.64 feet and again S 45*04157" E 47.68 feet and again S 75°59111" E 30.44 feet and again N 73022129" E 53.72 feet and again N 50007,56" E 38.27 feet; thence leaving said Northerly bank, S 72*541370 E 221.25 feet to a point on the said Northerly bank; thence along the said Northerly bank, S 16041149" E 147.88 feet and again S 00°43'39" W 67.58 feet and again S 50017,44" E 44.17 feet and again S 85°03'15" E 46.07 feet and again N 50°17'45" E 106.31 feet and again N 73*03150" E 55.03 feet to a point on the East line of the said Northwest 1/4; thence S 00002'49" W 1232.94 feet along the said East line to the Center 1/4 corner of said Section 3; thence S 00003142" W 494.35 feet along the East line of the said Southwest 1/4 to a point on the South line of the North 30 acres of the said Southwest 1/4; thence S 89*44,15" W 1322.01 feet along the said South line to a point on the West line of the East 1/2 of the West 1/2 of said Section 3; thence N 00004159" E 2284.39 feet along the said West line to the point of beginning. PARCEL 2: A tract of land situate in the West 1/2 of the Northwest 1/4 and in the West 1/2 of the North 30 acres of the Southwest 1/4 of Section 3, Township 6 North, Range 69 West of the 6th P.M. , City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of the said Northwest 1/4 as bearing N 00007,08" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Northwest corner of said Section 3 and run thence N 89038,45" E 417.60 feet along the North line of the said Northwest 1/4; thence S 01007156" W 429.21 feet to a point on the Northerly bank of the Trilby Lateral; thence along the said Northerly bank, S 63014132" E 164.11 feet and again S 82021117" E 66.91 feet and again N 77031151" E 97.85 feet and again S 10005135" E 69.28 feet and again S 33*01118" E 80.70 feet and again S 54*59111" E 63.18 feet and again S 67116'46" E 49.47 feet and again S 75028154" E 49.01 feet and again S 18049156" E 57.81 feet and again S 33016155" E 49.95 feet and again S 58048110" E 50.24 feet and again S 70°10'53" E 58.94 feet and again S 75°14'24" E 121.52 feet and again N 88*54120" E 51.45 feet and again N 73004136" E 90.98 feet to a point on the East line of the West 1/2 of the said Northwest 1/4; thence along the said East line, S 00*04159" W 2284.39 feet to a point on the South line of the North 30 acres of the said Southwest 1/4; thence S 89°44'15" W 1322.18 feet along the said South line to a point on the West line of the said Southwest 1/4; thence N 00107,25" E 494.35 feet along the said West line to the West 1/4 corner of said Section 3; thence N 00*07108" E 2633.79 feet along the West line of the said Northwest 1/4 to the point of beginning.