HomeMy WebLinkAbout076 - 05/04/2004 - AUTHORIZING THE CONVEYANCE OF CERTAIN INTERESTS IN SOAPSTONE GRAZING ASSOCIATION REAL PROPERTY TO BE ORDINANCE NO. 076, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CERTAIN
INTERESTS IN SOAPSTONE GRAZING ASSOCIATION
REAL PROPERTY TO BE ACQUIRED BY THE CITY
WHEREAS, the City of Fort Collins has been negotiating to acqu e certain real property
in the northern part of Larimer County commonly known as the Soapst e Ranch, in light of the
substantial natural resource and conservation values of said property the value of the same for
open space, archeological and historical purposes, and the possi e recreational opportunities
presented by the same; and
WHEREAS, in order to acquire the portion of the S pstone Ranch located in Larimer
County, which constitutes approximately 12,000 acres of and largely in its natural state and
otherwise used for grazing of cattle ("Soapstone CO" on a willing seller basis, it will be
necessary for the City to acquire and dissolve Soap one Grazing Association and all of its
assets, including approximately 11,000 acres of gr ng land in Wyoming ("Soapstone WY");
and
WHEREAS, the City has negotiated a agreement with Harrison Resource Corporation
pursuant to which the City will, after acquirin the Soapstone WY property, convey that property
to Harrison Resource Corporation or its assignees (the "WY Buyers") in exchange for a
negotiated payment to the City of$2.8 mi ion and subject to a conservation easement; and
WHEREAS, said conservation asement on the Soapstone WY property will limit the use
and development of said property t noncommercial agricultural uses and up to 12 ownership
parcels, each of which may co am a primary and secondary single family residence and
associated ranch buildings and i provements, and will prohibit the construction of buildings that
are visible from the Soapstone 0 property (the "Conservation Easement"); and
WHEREAS, in or r to provide reasonable access to the Soapstone WY property, the
City will also be require to convey to the WY Buyers easements across both Soapstone CO and
Meadow Springs Ran an easement for access and subgrade utilities necessary for the
development of Soap one WY consistent with the Conservation Easement; and
WHERE , the Conservation Easement will limit development of Soapstone WY so as
to prevent exces ive pressure on the access easements across City property described above, and
will benefit th Soapstone CO property by preserving the open and agricultural character of the
abutting Ian to the north, and as a result will significantly advance the City's objectives of
protecting e Soapstone CO property; and
HEREAS, as part of its agreement to acquire Soapstone Grazing Association, the City
is obl' ated to allow the use of Soapstone Ranch by the current members of Soapstone Grazing
Ass ciation, who currently graze cattle on the property, through December 31, 2005, at a charge
of 14.00 per cow/calf unit grazed for the calendar year 2005; and
I
Withdrawn on second reading
i Replaced with Resolution 2004-059
� 1•
WHEREAS, in order to meet the foregoing obligation, the City will need to execu a
grazing lease on the Soapstone Ranch after dissolution of the Soapstone Grazing Associatio and
before conveyance of the Soapstone WY property; and
WHEREAS, the WY Buyers have also required as a condition of purchase Soapstone
WY that the City grant an agricultural access easement across the westerly th e sections of
Soapstone CO in order to drive cattle from property currently owned by th Gallegos family
immediately to the south and west of said three sections (the "Gallegos Pro rty") northward in
the spring to Soapstone WY and southward in the fall from Soapstone Y to the Gallegos
Property, and may also allow limited traffic on an existing roadwa in those sections for
provision of services associated with said cattle on Soapstone WY; an
WHEREAS, the acquisition of Soapstone CO and protec 'on of Soapstone CO through
the reservation of the Conservation Easement is consistent with e Ten-Year Land Conservation
Plan and Natural Areas Policy adopted by the City Council w' its adoption of Resolution 2003-
051 on April 1, 2003, and as subsequently updated with e adoption of Resolution 2003-139;
and
WHEREAS, Section 23-111 of the City ode provides that the City Council is
authorized to sell, convey or otherwise dispose of n interest in real property owned by the City,
provided the Council first finds by ordinance t at any sale or disposition of that real property
interest will be for the benefit of the City's cit' ens, and will be in the best interests of the City.
NOW, THEREFORE, BE IT O AINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Co cil hereby finds that the conveyance of Soapstone WY, the
conveyance of access and subgr a utility easements on Soapstone CO and Meadow Springs
Ranch, the conveyance of the a 'cultural access easement, and the lease of the Soapstone Ranch
for grazing purposes to cu nt Soapstone Grazing Association members, all as described
hereinabove, are for the ben it of the citizens of Fort Collins and in the best interests of the City
of Fort Collins.
Section 2. T t the Mayor is hereby authorized to execute such deeds, easements,
documents of conve ance, and other documents are may be necessary to carry out the terms of
this Ordinance, in a form and including such terms and conditions as the City Manager, in
consultation wit the City Attorney, determine to be necessary or appropriate to protect the
interests of the ity and consistent with the terms of this Ordinance.
i
' Introduced, considered favorably on first reading, and ordered published this 0th day of
April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D 2004.
Mayor
A EST:
"'L �& LAA."A
City Clerk
Passed and adopted on final reading this 4th day May, A.D. 2004.
Mayor
ATTEST:
City Clerk