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HomeMy WebLinkAbout031 - 04/17/2012 - AUTHORIZING AMENDMENTS TO A CONSERVATION EASEMENT HELD BY THE CITY ON THE HANSEN PROPERTY ORDINANCE NO. 031, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AMENDMENTS TO A CONSERVATION EASEMENT HELD BY THE CITY ON THE HANSEN PROPERTY WHEREAS,on July 21,2004,Myrna Hansen granted the City a conservation easement(the "Conservation Easement") on two parcels of farm land that she owned in the Timnath Community Separator area, as described on Exhibit A, attached and incorporated herein by reference ("Parcel I" and "Parcel II"); and WHEREAS,the Conservation Easement is managed by the City's Natural Areas Department; and WHEREAS, at the time Mrs. Hansen granted the Conservation Easement, Parcel II was encumbered by a Deed of Trust held by First National Bank of Omaha(the "Bank"), and the Bank subordinated its Deed of Trust to the Conservation Easement; and WHEREAS, in 2011 the Bank foreclosed on Parcel II and took title to it on July 13, 2011, through a Public Trustee's foreclosure sale; and WHEREAS, after the Bank foreclosed on Parcel II,the Hansens did not want to permit the Bank to access Parcel II via an existing driveway on Parcel I; and WHEREAS,under the terms of the Conservation Easement,the owner of Parcel II is allowed to construct another driveway on Parcel II to serve Parcel II, but only as part of the construction of a second residence on Parcel II, which the Bank was not planning to do; and WHEREAS, the Bank asked the City's Natural Areas staff to amend the Conservation Easement to allow construction of the second driveway,and in exchange the Bank agreed to give up the right to build a second residence on Parcel II; and WHEREAS, through a series of negotiations with the Bank and the Hansens, staff has developed an Amended and Restated Deed of Conservation Easement(the"Amended Conservation Easement"), a copy of which is on file in the office of the City Clerk and available for review; and WHEREAS, the Amended Conservation Easement would address not only the second driveway and second residence on Parcel II, but would also update the terms of the original Conservation Easement to allow the two Parcels to be managed separately, and to strengthen the City's oversight and enforcement capability of matters including oil and gas development, weed control, and easements and road on the Parcels; and WHEREAS, the City Council is being asked to approve the Amended Conservation Easement by ordinance because by changing the terms of the Conservation Easement, even though City staff expects a net benefit to the City from the proposed changes, the City is giving up some rights in real property that were previously granted to it; and WHEREAS,under 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; and WHEREAS, at its regular meeting on March 14, 2012, the Land Conservation and Stewardship Board voted to recommend approval of the Amended Conservation Easement. 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 the amendments to the Conservation Easement as provided herein are in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute an Amended Conservation Easement in substantially the form as 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 and appropriate to protect the interests of the City or to effectuate the purposes of this Ordinance, including, but not limited to, any necessary changes to the legal description of the Parcels conserved by the Amended Conservation Easement, as long as such changes do not materially reduce the size or change the character of the property. Introduced,considered favorably on first reading,and ordered published this 3rd day ofApril, A.D. 2012, and to be presented for final passage on the 17th day of April, A.D. 2012. R T COWla<`' yo�t1�i Gl/�Gltt.,tt� ATTEST: Q. Interim City Clerk LORP� Passed and adopted on final reading on the 17th day of April, A.D. 2012. F FORA A0 0 Q °°��� Mayor ATTEST: SEAL .tc2n , e Interim City Clerk •O6j.�p0 EXHIBIT A (Property Description) Parcel I: A parcel of land situate in the Southwest '/4 of Section 23 and in the Northeast `/4 of the Northwest '/4 of Section 26, all in Township 7 North, Range 68 West of the 61h P.M., County of Larimer, State of Colorado, which, considering the South line of said Southwest '/4 as bearing S 88°56'31" E, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears N 00053'19" E 35.00 feet, and again S 88°56'31" E 1347.69 feet from the Southwest corner of said Section 23, and run thence S 880 56'31" E 1287.77 feet; thence S 00' 46'03" W 35.00 feet to the North '/4 corner of said Section 26; thence along the East line of the Northwest '/4 of said Section 26, S 00°42'34" W 999.64 feet; thence S 78000'18" W 1321.03 feet; thence N 00°45'05" E 1333.00 feet to the point of beginning. Parcel II: A parcel of land situate in the Southwest quarter of Section 23, and the Northwest quarter of Section 26. Township 7 North, Range 68 West, of the 61h P.M., County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line of said Northwest quarter of Section 26 as bearing North 88°56'31" West and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 26, said point also being the TRUE POINT OF BEGINNING of this description; thence along the West line of said Southwest quarter of Section 23, North 00°53'19" East 35.00 feet; thence South 88°56'31" East 1347.69 feet; thence South 00°45'05" West 1333.00 feet; thence North 78°00'18" East 1321.03 feet to the East line of said Northwest quarter of Section 26; thence along said East line, South 00°42'34" West 1643.99 feet to the Center quarter corner of said Section 26; thence along the South line of said Northwest quarter of Section 26, North 89°04'50" West 1319.69 feet to the Center — West sixteenth corner; thence along the West line of the East half of said Northwest quarter of Section 26, North 00°45'05" East 2646.91 feet to the North line of said Northwest quarter of Section 26; thence along said North line, North 88°56'31" West 1317.77 feet to the true point of beginning. The above parcel contains 47.19 acres more or less, and is subject to all right- of-way, easements and restrictions now in use or on record.