HomeMy WebLinkAbout126 - 11/20/2012 - AUTHORIZING THE CONVEYANCE OF CITY-OWNED PROPERTY KNOWN AS THE MAXWELL FARM AND RELATED WATER RIGHTS c;
ORDINANCE NO. 126, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CITY-OWNED PROPERTY KNOWN AS THE
MAXWELL FARM AND RELATED WATER RIGHTS SUBJECT TO A CONSERVATION
EASEMENT AND AUTHORIZING A RELATED RAW WATER TRANSFER AGREEMENT
WHEREAS, the City is the owner of certain real property known as the Maxwell Farm,
located in Latimer County, Colorado, as more particularly described in Exhibit "A", attached and
incorporated herein by this reference (the "Property"); and
WHEREAS,the City purchased 136 acres of the Property, including twelve shares of North
Poudre Irrigation Company (NPIC) water, in 2009, and the remaining .83 acres of the Property in
October, 2012; and
WHEREAS,the City purchased the Property as part of the Wellington Community Separator
and to protect the view from I-25, with the intent of eventually selling the Property subject to a
conservation easement that would maintain the agricultural and open space values of the Property;
and
WHEREAS,the Natural Areas Department is proposing to sell the Property and related water
rights, including two ELCO water taps, one share of NPIC water and three irrigations wells, for
$700,000, subject to a reserved conservation easement that would limit future commercial and
residential development on the Property; and
WHEREAS, the Natural Areas Department is also proposing to sell the remaining eleven
shares of NPIC water associated with the Property to the City's Water Utility for $154,000, which
price is approximately one-half of the fair market value of the shares; and
WHEREAS, in exchange for the conveyance of the NPIC shares to the Utility, the Utility
would enter into an agreement with the proposed buyer of the Property that would allow the NPIC
shares to continue to be used for the benefit of the Property in perpetuity; and
WHEREAS, City staff is in the process of negotiating with the proposed buyer of the
Property conservation easement terms and conditions subject to which the Property would be
conveyed, as well as the terms and conditions of the water agreement; and
WHEREAS, copies of the proposed conservation easement and the proposed water
agreement, both dated October 26, 2012, are on file in the Office of the City Clerk and available for
public inspection (respectively, the "Conservation Easement" and the "Raw Water Transfer
Agreement"); and
WHEREAS, under the proposed Raw Water Transfer Agreement the owner of the Property
would be responsible for paying any assessments and other charges due to NPIC for the eleven
shares of NPIC water delivered to the Property, but the owner would not have to pay any fees or
charges to the City for use of the water; and
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WHEREAS,Section 23-111(a)of the City Code provides that 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, Article XII, Section 3 of the City Charter states that the City Council shall
establish by ordinance rates, fees or charges for water, electricity or other utility services furnished
by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section1. Thatthe City Council herebyfinds thatthe conveyance of the Property subject
to the Conservation Easement and the conveyance of eleven shares of NPIC water to the Water
Utility in exchange for the execution of the Raw Water Transfer Agreement, all as provided herein,
are in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Property on terms and conditions consistent with this Ordinance and subject
to the Conservation Easement in substantially the form for the same dated October 26, 2012,and 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 are necessary or appropriate to protect
the interests of the City or effectuate the purposes of this Ordinance, including, but not limited to,
any necessary corrections 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 conveyed.
Section 3. That the City Council hereby finds that the execution of the Raw Water
Transfer Agreement is for the betterment of the Water Utility, will be beneficial to the rate payers
of the Water Utility, and is for the benefit of the citizens of Fort Collins.
Section 4. That the Utilities Executive Director is hereby authorized to execute the Raw
Water Transfer Agreement in substantially the form for the same dated October 26,2012,and on file
in the Office of the City Clerk, together with such additional terms and conditions as the Utilities
Executive Director, in consultation with the City Attorney,determines are necessary or appropriate
to protect the interests of the City or effectuate the purposes of this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D.
2012.
w�Y OF FpR� Mayor
ATTEST:
CA
City Clerk
Passed and adopted on final reading on the 20th day of November, A.D. 2012.
ATTEST: 0�'
MayorCity Clerk
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EXHIBIT A
Maxwell Farm
Legal Description
PARCELL
THE N 1/2 OF THE SE 1/4 OF SECTION 16, TOWNSHIP 8 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT A STRIP OF LAND OFF THE WEST
END OF SAID LAND AND BEING 25 FEET EAST OF THE CENTERLINE OF THE
RAILROAD RIGHT OF WAY; ALSO EXCEPTING THEREFROM THOSE PARCELS OF
LAND AS CONVEYED BY DEEDS RECORDED JUNE 29, 1949 IN BOOK 877 AT
PAGE 28, RECORDED JANUARY 7, 1965 IN BOOK 1276 AT PAGE 259, AND
RECORDED AUGUST 9, 1971 IN BOOK 1471 AT PAGE 674, IN THE RECORDS OF
THE LARIMER COUNTY CLERK AND RECORDER, COUNTY OF LARIMER, STATE
OF COLORADO.
PARCEL II:
THE S 1/2 OF THE SE 1/4 OF SECTION 16, TOWNSHIP. 8 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF
COLORADO; EXCEPTING THOSE PARCELS OF LAND AS CONVEYED BY DEEDS
RECORDED JANUARY 11, 1909 IN BOOK 237 AT PAGE 256, NOVEMBER 16, 1911
IN BOOK 304 AT PAGE 390, SEPTEMBER 28, 1917 IN BOOK 359 AT PAGE 501,
JANUARY 10, 1918 IN BOOK 364 AT PAGE 99, MAY 26, 1949 IN BOOK 874 AT
PAGE 177, AND JANUARY 7, 1965 IN BOOK 1276 AT PAGE 259 IN THE RECORDS
OF THE LARIMER COUNTY CLERK AND RECORDER, COUNTY OF LARIMER,
STATE OF COLORADO.
PARCEL III:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 8
NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
CONSIDERING THE EAST LINE OF THE SAID SOUTHEAST QUARTER AS
BEARING NORTH 00 DEGREES 08 MINUTES WEST AND ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE
BOUNDARY LINES WHICH BEGIN AT A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF INTERSTATE 25 WHICH POINT BEARS SOUTH 89 DEGREES 52
MINUTES WEST 233.01 FEET FROM THE EAST QUARTER CORNER OF SAID
SECTION 16 AND RUNS THENCE SOUTH 00 DEGREES 16 MINUTES EAST 131.00
FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY
Page 1 of 2
General Warranty Deed
25; THENCE NORTH 89 DEGREES 30 MINUTES WEST 277.50 FEET; THENCE
NORTH 00 DEGREES 30 MINUTES EAST 131.00 FEET; THENCE SOUTH 89
DEGREES 30 MINUTES EAST 275.70 FEET TO THE POINT OF BEGINNING.
Page 2 of 2
General Warranty Deed