HomeMy WebLinkAbout160 - 11/19/2002 - AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF A CONSERVATION EASEMENT ON THE MCMURRY ANNEX/ACKE ORDINANCE NO. 160, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO
LEGACY LAND TRUST OF A CONSERVATION EASEMENT
ON THE MCMURRY ANNEX/ACKERMAN COURT NATURAL AREA PROPERTY
TO MEET GREAT OUTDOORS COLORADO GRANT REQUIREMENTS
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, the GOCO Board has created a statewide Legacy Project Grant Program
designed to further wildlife programs through the Colorado Division of Wildlife("DOW");outdoor
recreation programs through the Colorado Division of Parks and Outdoor Recreation ("DPOR");
open space and natural areas programs through the DPOR, DOW, municipalities, counties, or
nonprofit land conservation entities; and local government open space, trails and other outdoor
recreation facilities; and
WHEREAS, the goal of the Legacy Project Grant Program is to bring together public and
private organizations in a spirit of cooperation and with a common goal to complete projects of state-
wide benefit; and
WHEREAS, in 1996, the City of Fort Collins, City of Greeley, City of Loveland, Estes
Valley Park and Recreation District, Larimer County, Town of Windsor,Weld County, the Nature
Conservancy, Poudre River Trail Corridor, Inc., DOW, and DPOR submitted a detailed project
application to the GOCO Board for the completion of the project entitled the Poudre-Big Thompson
Rivers Legacy Project, which was approved by the GOCO Board in the amount of$3,400,000, on
October 23, 1996 (the "Phase I Grant"); and
WHEREAS, in September 1998, the Council adopted Resolution 98-128, authorizing the
City Manager to enter into the Poudre-Big Thompson Rivers Legacy Project Grant Agreement with
the GOCO Board, together with the City of Greeley, City of Loveland, Estes Valley Park and
Recreation District,Larimer County,Town of Windsor,Weld County,the Nature Conservancy,and
Poudre River Trail Corridor,Inc.,regarding the Phase I Grant,together with a related Memorandum
of Understanding amongst the grant partners; and
WHEREAS, in early 1999, the City, together with the City of Greeley, City of Loveland,
Estes Valley Park and Recreation District, Larimer County, Poudre River Trail Corridor, Inc., and
the Colorado Division of Parks and Outdoor Recreation, submitted an application for additional
funds from the GOCO Board to supplement those funds previously granted for the Phase I Grant and
to provide for the completion of additional riparian corridor protection, trail construction, and
environmental learning center site improvements, which was approved by the GOCO Board in the
additional amount of up to $2,500,000 in May 1999 (the "Phase II Grant"); and
WHEREAS, on January 18, 2000, the Council adopted Resolution 2000-14, authorizing
amendments to the existing grant and related agreements to include the Phase H Grant; and
WHEREAS,the Phase I Grant and the Phase H Grant,collectively referred to as the"Legacy
Grant Project",provide for reimbursement to participating grant recipients for a portion of the cost
of acquiring open space or natural area properties,consistent with the work plan for the Legacy Grant
Project; and
WHEREAS, in 1998, the City of Fort Collins acquired approximately 17.5 acres of land
located north of the Cache La Poudre River to the east of Shields Street, and referred to as the
McMurry Annex/Ackerman Court Property,as more particularly described on Exhibit"A",attached
hereto and incorporated herein by this reference(the"Property"),for the purchase price of$250,000;
and
WHEREAS,City staff,in consultation with the staff of the GOCO Board,has identified the
Property as land for which a portion of acquisition costs, in the amount of $242,500, may
appropriately be reimbursed under the Legacy Grant Project; and
WHEREAS, the GOCO Board has agreed to include the City's acquisition of Kingfisher
Point Natural Area as part of the City's local match for the grant, allowing for a relatively high
percentage of grant funding for the Property; and
WHEREAS, as a requirement of the grant, the owner of the Property must convey to an
approved third party, in this instance the Legacy Land Trust, a conservation easement intended to
protect the Property from uses contrary to the purposes of the Legacy Grant Project; and
WHEREAS, staff has negotiated with the staff of the GOCO Board and the Legacy Land
Trust certain conservation easement terms and conditions to which the Property shall upon
conveyance be subject, a copy of which conservation easement, dated October 2, 2002, is on file in
the Office of the City Clerk and available for public inspection(the"Conservation Easement"); 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, protection of the Property as required in the Conservation Easement and the
terms and conditions set forth therein is consistent with the goals and objectives of the Natural Areas
Policy Plan and with 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 conveyance of the Conservation Easement on the Property to Legacy
Land Trust is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Conservation Easement in
substantially the form for the same dated October 2,2002,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.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D.
2002. r
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of November. A.D. 2002.
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Mayor
ATTEST:
City Clerk
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EXHIBIT "A"
McMurry Annex
Commencing at a point 450 feet East of the West quarter corner of Section 2, Township 7
North, Range 69 West of the 6th P.M.,thence East 868.12 feet; thence S 00007'30" W. 904.55 feet;
thence S 88001' W, 305.45 feet; thence N 55000' W. 130.23 feet; thence N 53006' W. 181.30 feet;
thence N 370 15'W.297 feet;thence N 46105'W. 79.90 feet;thence N 62002'W. 152.18 feet;thence
N 70042' W. 410.51 feet;thence N 113.93 feet; thence E 450 feet;thence N 120 feet to the Point of
Beginning.