HomeMy WebLinkAbout073 - 05/16/2006 - AUTHORIZING THE CONVEYANCE OF 441 ACRES OF LAND TO THE STATE LAND BOARD SUBJECT TO A CONSERVATION EA ORDINANCE NO. 073, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF 441 ACRES OF LAND
TO THE STATE LAND BOARD SUBJECT TO A CONSERVATION EASEMENT
IN EXCHANGE FOR 3,873 ACRES OF LAND
LOCATED WITHIN SOAPSTONE PRAIRIE NATURAL AREA
WHEREAS,the State Board of Land Commissioners(the"State Land Board")is a political
subdivision of the State of Colorado that manages State trust lands in order to produce reasonable
and consistent income from such lands and to preserve their economic values while protecting
environmental and natural resource values; and
WHEREAS,the State Land Board manages 3,872.76 acres of State trust land located within
the external boundaries of the City's 12,500-acre Soapstone Prairie Natural Area,more particularly
described on Exhibit "A", attached hereto and incorporated herein by this reference (the "SLB
Inholdings"), which the City currently leases from the State Land Board; and
WHEREAS,the City in 2005 acquired a 441-acre property located in the southwestern comer
of the area that has been identified as the Wellington community separator, together with related
water rights, for a total purchase price of$5.4 million, which property has been and continues to be
used as a sod farm and is more particularly described on Exhibit `B", attached hereto and
incorporated herein by this reference(the"Sod Farm"); and
WHEREAS, the acquisition by the City of the SLB Inholdings would allow the City to
consolidate its ownership within Soapstone Prairie Natural Area, and would eliminate related
problems as the City proceeds to plan and prepare for public use and enjoyment of,and preservation
of, that Natural Area; and
WHEREAS, the Sod Farm is an income-generating property, and continued use of the Sod
Farm for its current purpose or for other agricultural uses is consistent with the continued
preservation of the property for community separator purposes; and
WHEREAS, in light of the mutual benefits of an exchange of these properties, the staff of
the City and the State Land Board have negotiated an exchange agreement, a copy of which, dated
April 28, 2006, is on file and available for public inspection in the Office of the City Clerk (the
"Exchange Agreement"), which agreement calls for the State Land Board to convey to the City the
SLB Inholdings and pay to the City cash in the amount of$811,344,in exchange for the conveyance
by the City to the State Land Board of the Sod Farm and related water rights, subject to a
conservation easement enabling the City to preserve and protect the Sod Farm as open space in the
Wellington Community Separator; and
WHEREAS, the form of the conservation easement by which the City will be empowered
to restrict development on the Sod Farm after title to that property has been provided to the State
Land Board, dated April 28, 2006, and is on file and available for public inspection in the Office
of the City Clerk(the"Conservation Easement'); and
WHEREAS, the acquisition of the SLB Inholdings would be consistent with the Land
Conservation and Stewardship Master Plan adopted by the Council in Resolution 2004-092 on July
20, 2004; 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 Sod Farm to the State Land Board, subject to the
Conservation Easement, as described herein, is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Exchange Agreement, in
substantially the form for the same dated April 28,2006,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,including any necessary corrections to the legal descriptions shown thereon that
do not result in a material increase or change in character of the intended properties to be exchanged.
Section 3. That the Mayor is hereby authorized to execute the Conservation Easement
in substantially the form for the same dated April 28, 2006, 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 description shown thereon that
do not result in a material increase or change in character of the intended easement area.
Introduced,considered favorablyon first reading,and ordered published this 2nd day of May,
A.D. 2006, and to be presented for final passage on the 16th day of May, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 16th day of May, A.D. 2006.
May ,
ATTEST:
City Clerk
EXHIBIT"A"
STATE LAND BOARD EXCHANGE TO CITY OF FORT COLLINS
DESCRIPTION OF SLB Inholdings to be exchanged:
TOWNSHIP 11 NORTH-RANGE 68 WEST
acres
Section 4 Lot 1 78.22
S2NE 80.00
Lot 2 78.18
S2NW 80.00
S2 320.00
Section 6 Lot 1 78.80
S2NE 80.00
Lot 2 39.70
Lot 3 75.90
SENW 40.00
NESW 40.00
Lot 4 76.30
SESW 40.00
SE 160.00
TOWNSHIP 12 NORTH-RANGE 68 WEST
Section 20 Lots 1 -4 50.78
S2N2 160.00
N2S2 160.00
SESE 40.00
Section 28 E2NE 80.00
NWNW 40.00
S2NW 80.00
SW 160.00
S2SE 80.00
Section 30 NE 160.00
S2 314.88
Section 32 All 640.00
TOWNSHIP 12 NORTH-RANGE 69 WEST
Section 36 All 640.00
Total 3,872.76 acres
EXHIBIT"B"
Leaal Descrintion
of the Property
All THAT PART OF THE NORTH 1/2 OF THE NW 1/4 OF SECTION 29,
TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, LYING EAST OF THE PROPERTY
DESCRIBED IN BOOK 171 AT PAGE 456, LARIMER COUNTY RECORDS,
EXCEPTING THEREFROM A PARCEL OF LAND PREVIOUSLY CONVEYED BY
DEED RECORDED IN BOOK 442 AT PAGE 428, LARIMER COUNTY
RECORDS.
ALL THAT PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION
29, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, LYING EAST OF THE PROPERTY
DESCRIBED IN BOOK 171, PAGE 456, LARIMER COUNTY RECORDS,
EXCEPTING THEREFROM A PARCEL OF LAND PREVIOUSLY CONVEYED
BY DEED RECORDED IN BOOK 442 AT PAGE 428, LARIMER COUNTY
RECORDS.
ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 8
NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE
OF COLORADO, LYING EAST AND NORTH OF THE OUTLET DITCH OF THE
W.P. ELDER RESERVOIR.
THE EAST 1/2 OF SECTION 29, TOWNSHIP 8 NORTH, RANGE 68 WEST OF
THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO.