HomeMy WebLinkAbout016 - 03/01/2011 - AUTHORIZING AN AGRICULTURAL LEASE OF CITY-OWNED PROPERTY KNOWN AS THE MAXWELL FARM FOR UP TO FIVE YE ORDINANCE NO. 016, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AGRICULTURAL LEASE OF CITY-OWNED
PROPERTY KNOWN AS THE MAXWELL FARM FOR UP TO FIVE YEARS
WHEREAS, the City is the owner of certain property located in Section 16, Township 8
North, Range 68 West, Larimer County, Colorado, more particularly described on Exhibit "A"
attached hereto and made a part hereof(the "Property"); and
WHEREAS,the Property was purchased in 2009 by the City's Natural Areas Program from
Larry Maxwell ("Maxwell")with the intent of reselling it with a conservation easement in place to
conserve the agricultural value and limit development within the Wellington Community Separator;
and
WHEREAS, when the City purchased the Property, Maxwell reserved a right of entry onto
the property for two years to continue farming on the Property; and
WHEREAS, the City has not yet been able to find a buyer for the Property and Maxwell's
right-of-entry is scheduled to expire; and
WHEREAS, City staff would like to lease the property to Maxwell as it is in the best
interests of the City that the Property continue to be actively used for agricultural production; and
WHEREAS,the proposed lease to Maxwell would extend Maxwell's use of the property for
agricultural production for up to five years or until the City is able to sell the property, whichever
comes first; and
WHEREAS, the lease would include the use of two residences, irrigated farmland, twelve
shares of North Poudre Irrigation Company water, use of three wells, and all irrigation equipment;
and
WHEREAS,the lease would also permit Maxwell to sublet one of the residences and use the
other as a residence for an employee working on the Property; and
WHEREAS, Maxwell.would be responsible for maintenance of the Property, including all
utilities, insurance, and minor repairs of equipment and buildings on the Property; and
WHEREAS, City staff proposes to lease the Property for a period of up to five years at an
annual rate starting at $22,320 and adjusted on an annual basis; and
WHEREAS, under Section 23-111 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 City Council hereby finds that leasing the Property as provided
herein is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute a lease agreement
consistent with the terms of this Ordinance, together with such additional terms and conditions as
the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate
to protect the interests of the City or effectuate the purposes of this Ordinance, including any
necessary changes to the legal description of the Property, as long as such changes do not materially
increase the size or change the character of the property to be leased.
Introduced, considered favorably on first reading, and ordered published this 15th day of
February, A.D. 2011, and to be presented for final passage on the day of March, A.D. 11.
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 1 st day of March D. 2011.
1
Mayor
ATTEST:
City Clerk
Exhibit "A"
City of Fort Collins
Maxwell Farm
Property Description
Property Address:
5117 NW FRONTAGE RD
Parcel Number:
88160-00-902 & 88160-00-903
Legal Description:
N 1/2 OF SE 16-8-68 LESS DITCH, RR R/W, RD AS IN 877-28, LESS 1276-
2597 1471-674
And
S 1/2 OF SE 16-8-68; LESS 10 AC RD & DITCH, LESS 1276-259