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Home My WebLink About097 - 09/21/2010 - AUTHORIZING A GRAZING LEASE, SUBLEASE AND RESIDENCE LEASE ON SOAPSTONE PRAIRIE NATURAL AREA ORDINANCE NO. 097, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A GRAZING LEASE, SUBLEASE AND RESIDENCE LEASE ON SOAPSTONE PRAIRIE NATURAL AREA WHEREAS,the City is the owner of approximately 21,900 acres of land known as Soapstone Prairie Natural Area(the "City Property") in northern Larimer County, Colorado; and WHEREAS, in 2005, in order to continue grazing as a habitat management tool while the management plan for the City Property was being completed, City staff proposed leasing portions of the City Property to a local grazing association; and WHEREAS, on December 20, 2005, the City Council approved Ordinance No. 160, 2005, authorizing a grazing lease with Folsom Grazing Association ("Folsom") on portions of the City property from January 2006 through December, 2008 (the "2006 Lease"); and WHEREAS, on December 2, 2008, the City Council approved Resolution 2008-116 extending the 2006 Lease through December,2010 and placing new limits on the number of animals and the area that could be grazed; and WHEREAS,in 2009 City staff initiated a competitive process to select a tenant for a hew ten- year grazing lease beginning in 2011, and,through that competitive process Folsom was selected as the grazing tenant; and WHEREAS, a copy of a proposed grazing lease agreement, dated September 7, 2010, (the "Grazing Lease") is on file and available for review in the Office of the City Clerk; and WHEREAS,the portion of the City Property that would be the subject of the Grazing Lease is described on Exhibit "A", attached and incorporated herein by.this reference (the "Lease Property"); and WHEREAS, staff anticipates that the proposed Grazing Lease would generate an annual revenue in the range of$20,000 to$40,000 depending on how many animals are grazed and for how long each year; and; WHEREAS, as a condition of the Grazing Lease, Folsom would be required to enter into a sublease with a firm acceptable to the City for sheep and/or goat grazing to control weeds; and WHEREAS, the City Property includes a residence (the "Ranch House") that would be available to Folsom, at no additional rent, for the purpose of housing an employee and, if Folsom chooses not to use the Ranch House,City staff would try to find a third party tenant to rent the Ranch House; and WHEREAS,pursuant to Section 23-111(a)of the City Code,the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City,provided that the City Council first finds,by Ordinance,that such sale or other 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 proposed lease of the Lease Property to Folsom Grazing Association and the lease of the Ranch House are in the best interests of the City. Section 2. That the City Manager is hereby authorized to enter into a lease agreement with Folsom Grazing Association in substantially the form of the Grazing Lease that`is on file in the office of the City Clerk, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney,determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including but not limited to any necessary changes to the legal description of the Lease Property, as long as such changes do not materially increase the size or change the character of the Lease Property. Section 3. That as part of the Grazing Lease, Folsom Grazing Association is hereby authorized to enter into a sublease for sheep and/or goat grazing on portions of the Lease Property on terms and conditions that are acceptable to the City and using a form of sublease approved by the City. Section 4. That if Folsom Grazing Association chooses not to use the Ranch House, the City Manager is hereby authorized to enter into a separate lease agreement for the Ranch House with a third party, on such terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 7th day of September, A.D. 2010, and to be presented for final passage on the 21st day of September, A.D. 2010. Mayor ATTEST:- City Clerk -2- Passed and adopted on final reading on the 21st day of S ember, A.D. 2010. Mayor ATTEST City Clerk QS -3- EXHIBIT "A" Legal Description of Lease Property on Soapstone Prairie Natural Area Township 11 North,Range 68 West of the 6th P.M.,Larimer County,CO Section 4: ALL Section 5: ALL Section 6: ALL Section 19: ALL Township 12 North, Range 68 West of the 6th P.M., Larimer County, CO Section 19: All in State of Colorado Section 20: All in State of Colorado Section 21: All in State of Colorado Section 28: ALL Section 29: ALL Section 30: ALL Section 31: ALL Section 32: ALL Section 33: ALL Township 11 North,Range 69 West of the 6th P.M.,Larimer County.CO Section 1: ALL Section 2: ALL Section 3: ALL Section 4: SW4 of NW4 and S2,NE 1/4 Section 10: ALL Section 11: SW '/4, North % of SE '/4, south '/z of NW '/4, West '/2 of NE '/4 , A PORTION OF THE E 1/2 OF THE NE 1/4 BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE N 010 13' 41" W, ALONG THE EAST LINE OF SECTION 11, A DISTANCE OF 485.68 FEET TO A POINT; THENCE N 54' 15' 46" W, A DISTANCE OF 211.52 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF SAID CURVE BEING 470.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 220 06' 28", THE CHORD OF SAID CURVE BEARS N 430 12' 32" W, A DISTANCE OF 180.23 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 181.35 FEET TO A POINT; THENCE N 320 09' 18" W, A DISTANCE OF 262.96 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID CURVE BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 120 44' 34", THE CHORD OF SAID CURVE BEARS N 380 31' 35" W A DISTANCE OF 117.63.FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 117.87 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THE RADIUS OF SAID CURVE BEING 470.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 430 30' 56", THE CHORD OF SAID CURVE BEARS N 230 08' 24" W, A DISTANCE OF 348.44 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 356.96 FEET TO A POINT; THENCE N 01° 22' 56" W, A DISTANCE OF 891.51 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID Page 1 of 2 CURVE, BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 110 05' 14", THE CHORD OF SAID CURVE BEARS N 060.55' 33" W A DISTANCE OF 102.40 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 102.56 FEET TO A POINT; THENCE N 12' 28' 10" W, A DISANCE OF 270.73 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID CURVE BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 040 44' 56", THE CHORD OF SAID CURVE BEARS N 140 50' 38" W A DISTANCE OF 43.92 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.93 FEET TO A POINT ON THE NORTH LINE OF THE E 1/2 OF THE NE 1/4 OF SECTION 11; THENCE WESTERLY ALONG SAID NORTH LINE 618 FEET, MORE OR LESS, TO THE NW CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE SOUTHERLY ALONG THE WEST LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11, 2676 FEET, MORE OR LESS, TO THE SW CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE EASTERLY ALONG THE SOUTH LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11, 1320 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. Section 13: NE '/4, SE '/4, SW %4, West '/z of NW '/4 Section 14: NW '/4. NE '/4, SE %4 Section 15: NE %4, North '/4 of NW '/4 Section 24: East %2 of NW 1/4, West '/2 ofNE '/4 Township 12 North, Range 69 West of the 6th P.M., Larimer County, CO Section 20: All in State of Colorado Section 21: All in State of Colorado Section 22: All in State of Colorado Section 23: All in State of Colorado Section 24: All in State of Colorado Section 25: ALL Section 26: ALL Section 27: ALL Section 28: ALL Section 29: ALL Section 32: ALL Section 33: ALL Section 34: ALL Section 35: ALL Section 36: ALL Page 2 of 2