Loading...
HomeMy WebLinkAbout095 - 09/02/2008 - AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY (BERNARD RANCH P ORDINANCE NO. 095, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY(BERNARD RANCH PHASE 1) TO LARIMER COUNTY AND AUTHORIZING A RELATED GRANT AGREEMENT WITH THE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND 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 City has contracted to acquire the Bernard Ranch, a property 1,760 acres in size to the south of Soapstone Prairie Natural Area and located along County Road 15, of which 880 acres have been purchased and 880 acres are under option to purchase; and WHEREAS,the GOCO Board has approved a grant to the City to support the conservation of Phase I of Bernard Ranch,which is 880 acres in size and is more particularly described in Exhibit "A", attached hereto and made a part hereof(the "Phase I Property"), in the amount of$265,792, which is a substantial share of the City's cost to acquire and conserve that property; and WHEREAS, in order to issue said grant, the GOCO Board will require that the City enter into a grant agreement setting forth the City's obligations in connection with the grant; and WHEREAS, a copy of the grant agreement required by the GOCO Board,dated August 13, 2008, is on file in the office of the City Clerk and available for public inspection (the "Grant Agreement"); and WHEREAS, as a requirement of the grant,the City must convey to an approved third party, in this instance Larimer County, a conservation easement intended to protect the Phase 1 Property from uses contrary to the purposes of the GOCO Board's grant program; and WHEREAS, staff has negotiated with the staff of the GOCO Board and Larimer County certain conservation easement terms and conditions to which the Phase 1 Property shall upon conveyance be subject, a copy of which conservation easement, dated August 13, 2008, is on file in the Office of the City Clerk and available for public inspection (the "Conservation Easement"); 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 11, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. 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 Phase 1 Property to Larimer County is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute the Grant Agreement, in substantially the form for the same dated August 13, 2008, and on file in the Office of the City Clerk, subject to such modifications,amendments or additions thereto as may be determined by the City Manager, in consultation with the City Attorney, to be necessary or appropriate to protect the interests of the City. Section 3. That future amendments to the Grant Agreement not otherwise provided for herein may be approved by the Council by resolution rather than by ordinance. Section 4. That the Mayor is hereby authorized to execute the Conservation Easement in substantially the form for the same dated August 13, 2008, 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,including any necessary corrections to the legal descriptions shown thereon that do not result in a material increase or change in the character of the property intended to be conveyed. Introduced, considered favorably on first reading, and ordered published this 19th day of August, A.D. 2008, and to be presented for final passage on the y of September, A.D. 2008. a i ozo Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of ember, A.D. 2008. Mayor ATTEST: 61% NtAkL.." City Clerk EXHIBIT A Legal Description of Property (Bernard Ranch Phase l) The West %2 and the NW '/4 of the NE '/4 Section 10,Township 1 I North, Range 69 West of the 6"P.M; AND the N '/2 of the NW '/4 of Section 15,Township 11 North, Range 69 West of the 6"' P.M., containing approximately 440 acres,and The NE '/4 of the NE '/4, the S %2 of the NE '/4, the N '/2 of the SE '/4, and the W %2 of the SW V4 of the SE '/4 of Section 10, Township 11 North, Range 69 West of the 6`" P.M., containing approximately 220 acres, and The S %2 of the NW '/4, the W %2 of the NE %4, the NW '/4 of the SW '/4 and the W %2 of the NE '/4 of the SW '/4 of Section 11, Township 1 I North, Range 69 West of the 6'" P.M., containing approximately 220 acres.