HomeMy WebLinkAbout024 - 03/21/1995 - AUTHORIZING THE PURCHASE OF 103 ACRES FOR NATURAL AREA PURPOSES AND CONVEYANCE OF CONSERVATION EASEM ORDINANCE NO. 24, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASE OF 103 ACRES
OF LAND FOR NATURAL AREA PURPOSES
AND THE CONVEYANCE OF A CONSERVATION EASEMENT
WHEREAS, one of the objectives of the Natural Areas Policy Plan as adopted by the City
Council is to establish a system of publicly owned natural areas to: protect the integrity of critical
conservation sites; protect corridors between natural areas: preserve outstanding examples of Fort
Collins' diverse natural heritage; and provide a broad range of opportunities for educational,
interpretive, and recreational programs to meet community needs; and
WHEREAS, Greenstone, Inc., ("Greenstone") is the owner of approximate 103 acres of land
located in southeast Fort Collins in the vicinity of Timberline Road and County Road 32, which real
property is legally described on Exhibit"A" attached hereto and incorporated herein by this reference
(the "Property"); and
WHEREAS, Greenstone has agreed to sell the Property to the City for $386,000; and
WHEREAS, the City and Greenstone have entered into an Agreement of Purchase and Sale
of Real Property dated March 7, 1995, (the "Agreement'), setting forth the City's offer to purchase
the Property from Greenstone for$386,000; and
WHEREAS, in the Agreement, Greenstone has agreed to sell the Property to the City on the
condition that, within ninety (90) days of the closing of the Agreement, the City convey a
conservation easement on the Property to a qualified land trust (a non-profit corporation organized
for the purpose of acquiring and maintaining conservation easements) to insure that the Property is
used in perpetuity as a public natural area; and
WHEREAS, under Section 23-111(a) of the Code, the Council is authorized to convey an
interest in real property owned by the City provided that the Council first finds, by ordinance, that
such sale or other disposition is in the best interests of the City; and
WHEREAS, the purchase of the Property will help the City meet the objectives of the City's
Natural Areas Policy Plan and will meet the Council policy of maintaining open spaces between
Loveland and Fort Collins; and
WHEREAS, in the November 1992 General Election,the citizens of the City of Fort Collins
approved a one-quarter cent sales tax for the purpose of acquisition and maintenance of natural areas;
and
WHEREAS, sufficient funds are available and appropriated in the Natural Areas Project in
the Capital Projects Fund to fund the purchase price of the Property, and additional funds are
available in the Capital Projects Fund for maintenance of the Property following acquisition; and
WHEREAS, the Natural Resources Advisory Board and the Parks and Recreation Board
recommended to the Council that the acquisition of the Property be completed; and
WHEREAS, the Agreement is contingent upon Council approving the Agreement by an
Ordinance adopted by Council on second reading on or before April 4, 1995.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the purchase of the Property pursuant to the terms of the Agreement is
in the best interests of the City.
Section 2. That the Agreement is hereby approved.
Section 3. That the Mayor be, and hereby is, authorized to execute such agreements,
instruments of conveyance, and other documents as are necessary for the City to convey a
conservation easement on the Property to a qualified land trust,pursuant to the terns and conditions
of the Agreement.
Section 4. That the City Manager be,and hereby is,authorized to execute future addenda
to the Agreement to extend the closing date under the Agreement if such extension is, in the
judgment of the City Manager, reasonably necessary to accomplish the City's purchase of the
Property and to accomplish the City's conveyance of the conservation easement to a qualified land
trust.
Introduced, considered favorably on first reading, and o d published th y of
March, A.D., 1995, and to be presented for final passage o e 21 day of Ma A.D., 95.
or
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of ch;�2., 1995
Mayor
ATTEST:
City Clerk
EXHIBIT A
LEGAL DESCRIPTION
THE SE 1/4 OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH
P.M., LYING EAST OF THE EASTERLY LINE OF THE UNION PACIFIC RAILROAD
RIGHT-OF-WAY, COUNTY OF LARIMER, STATE OF COLORADO.