HomeMy WebLinkAbout134 - 09/04/2001 - AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 360 ACRES OF LAND ON THE FORMER ROCKWELL RANCH TO THE US ORDINANCE NO. 134, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 360 ACRES OF
LAND ON THE FORMER ROCKWELL RANCH TO
THE UNITED STATES FOREST SERVICE IN EXCHANGE FOR THE CONVEYANCE TO
THE CITY OF THE LAND UNDERLYING JOE WRIGHT RESERVOIR,
SUBJECT TO A NON-EXCLUSIVE CONSERVATION EASEMENT
FOR USE OF THE RESERVOIR PROPERTY BY THE PUBLIC AND
THE COLORADO DIVISION OF WILDLIFE
WHEREAS, the City of Fort Collins is the owner of that certain real property located in
Larimer County,Colorado,previously known as Rockwell Ranch,which was purchased by the water
utility for water utility purposes, a portion of which,totaling 360 acres in size, is more particularly
described on Exhibit"A",attached hereto and incorporated herein by this reference(the"Rockwell
Property"); and
WHEREAS,the Rockwell Property is an enclave within the Roosevelt National Forest and
is no longer needed for the water utility purposes originally contemplated; and
WHEREAS, the Rockwell Property is in part leased to the United States Forest Service
("USFS") for use as Kelly Flats Campground; and
WHEREAS, it is the policy and objective of USFS to arrange for the exchange of such
enclave properties for outholding of USFS that are not within the boundaries of national forest land,
in order to consolidate said lands and improve efficiency and effectiveness of the management of
those lands; and
WHEREAS,USFS is the owner ofthat certain real property underlying and surrounding Joe
Wright Reservoir, which Reservoir the City began using for water storage in 1977, and which
property,totaling 203.51 acres in size,is more particularly described on Exhibit`B",attached hereto
and incorporated herein by this reference (the "Joe Wright Property"); and
WHEREAS, in 1996,the City Council adopted Resolution 96-26,directing staff to proceed
to utilize the USFS administrative procedure for the negotiation and approval of an exchange of the
Rockwell Property for the Joe Wright Property,including the abandonment of a conditional storage
decree for 4,900 acres feet of water on the Rockwell Property and the conveyance of the absolute
1888 direct flow water rights totaling 5.95 cubic feet per second ("cfs") to the Colorado Water
Conservation Board for the maintenance of an instream flow; and
WHEREAS, since 1996, City staff has worked with USFS staff to carry out the numerous
steps involved in the administrative land exchange process, including public input, surveys,
appraisals, and assessments of environmental, biological and archeological impacts, and as the
culmination of this process,USFS issued a favorable Environmental Assessment in May 2001;and
WHEREAS, the biological assessment conducted by the United States Fish and Wildlife
Service "USFWS") called for a guarantee of the City's ongoing participation in the South Platte
Recovery Program, in order to offset presumed impacts caused by depletions from Joe Wright
Reservoir on Platte River flows far downstream in central Nebraska; and
WHEREAS, the City currently is required pursuant to its existing easement from USFS to
store water on the Joe Wright Property to contribute annually to the Fish and Wildlife Foundation
the amount of$4,903; and
WHEREAS, because the conveyance of the Joe Wright Property to the City will eliminate
said easement and the related contribution requirement, USFWS agreed that a one-time payment
by the City to the Fish and Wildlife Foundation in the amount of$61,288 will, through interest on
the investment of the same,result in an ongoing income source equivalent to the continuation of the
current annual payments by the City; and
WHEREAS, in addition, USFS has conditioned the above-described exchange upon the
conveyance by the City of a conservation easement preserving the rights of the public to use the Joe
Wright Property for recreation and fishing,the rights of the Colorado Division of Wildlife to operate
a fishery on the Joe Wright Property and to stock fish in the Reservoir, to maintain and to conduct
research at an existing spawning bed and requiring the City to maintain a 687 acre-foot conservation
pool in the Reservoir for the protection of the greenback cutthroat trout for which the Reservoir
provides habitat and to maintain a minimum water flow in Joe Wright Creek below the Reservoir
(the "Conservation Easement"); and
WHEREAS, City staff has negotiated with the USFS an Exchange Agreement,pursuant to
which the City and USFS will be obligated to complete the above-described terms and conditions
of the exchange; and
WHEREAS, the above-described Conservation Easement, including additional terms and
conditions as described therein, dated August 2, 2001, is on file in the office of the City Clerk and
available for public review and inspection; and
WHEREAS, the appraised value of the Joe Wright Property (including the value of the
existing easement for water storage on that property, for which the City has not previously
compensated USFS) is $814,000; and
WHEREAS, the appraised value of the Rockwell Property (which includes three of four
parcels originally considered for exchange - parcels A, C and D) is $792,000; and
WHEREAS, in order to compensate for the difference is these values, the Exchange
Agreement calls for the City to pay to USFS the amount of$22,000 at the closing of the exchange;
and
WHEREAS,ownership by the City of the Joe Wright Property will ensure the City's ongoing
rights to maintain its water storage facility on that property, and will eliminate the risk that USFS
may disallow that use in the future; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or disposition of real property owned by the City will not materially
impair the viability of any City utility system as a whole of which the property is a part,will be for
the benefit of the City's citizens, and will be 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 above described conveyance of the Rockwell Property and the
Conservation Easement on the Joe Wright Property, in exchange for conveyance to the City of title
to the Joe Wright Property, will not materially impair the viability of the City's water utility as a
whole, will be for the benefit of the City's citizens, and is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute the Exchange Agreement, the
Conservation Easement, and such documents of conveyance or commitment as are necessary to
convey the Rockwell Property and the Conservation Easement to USFS, to accept the Joe Wright
Property from USFS, and as are otherwise necessary to carry out the terms of the Exchange
Agreement and the Conservation Easement, consistent with the terms and conditions described
above.
Introduced, considered favorably on first reading, and ordered pub 'shed this 21st day of
August, A.D. 2001, and to be presented for final passage on the 4th day 9,,PSeptember, A. - . 2001.
Mayor i--
ATTEST:
14N Al, VU 4 1-.'A t,
City Clerk
Passed and adopted on final reading this 4th day of September, A.D. 2001.
Mayor `..
ATTEST:
City Clerk
EXHIBIT A
Legal Description of the Rockwell Ranch Property
Sixth Principal Meridian
T. 8 N., R. 72 W.
Sec. 5, SW1/4SE1/4.
T 8 N., R. 73 W.
Sec. 15, S1/2NE1/4,NWl/4SE1/4,NE1/4SW1/4;
Sec. 26, SW1/4NW1/4,NW1/4SW1/4; and
Sec. 27. NE1/4SE1/4, SE1/4NE1/4.
Containing 360.0 acres, more or less, in Larimer County.
EXHIBIT B
Legal Description of the Joe Wright Property
A tract of land comprised of the following Government Lots: Lots 2,4, 6, 7, 10, 12, and 14
located in Section 24, Lots 2, 3, 6, 7, 10, 12, and 15 in Section 25 and Lot 2 in Section 26,
all in T. 7 N., R. 76 W., Sixth Principal Meridian, Larimer County, Colorado as shown on
the Dependent Re-Survey and Metes and Bounds Survey Plat of the Joe Wright Reservoir
Parcel,prepared by Daryl A.Wilson,Director,Chief Cadastral Surveyor for Colorado,U.S.
Department of Interior,Bureau of Land Management,dated January 26, 1999,and recorded
in the Public Records of Larimer County at Reception#2001076132.
Containing 203.51 acres, more or less.