HomeMy WebLinkAbout169 - 12/20/2011 - AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH HISTORY COLORADO, THE COLORADO HIST ORDINANCE NO. 169, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH
HISTORY COLORADO, THE COLORADO HISTORICAL SOCIETY FOR FUNDS TO
RESTORE TWO HISTORIC STRUCTURES AT BOBCAT RIDGE NATURAL AREA
WHEREAS, in 1990 the Colorado Constitution was amended to permit limited gaming in
three Colorado cities; and
WHEREAS, the limited gaming amendment also created the State Historical Fund (the
"Fund") and directed that a portion of gaming tax revenues be distributed through a competitive
process for historic preservation projects throughout the state; and
WHEREAS,grants from the Fund are administered through History Colorado,the Colorado
Historical Society (the "Historical Society"); and
WHEREAS, in early 2011 City Natural Areas staff applied for a grant from the Historical
Society to help pay for restoration of two historic structures,the 1888 pioneer barn and a log chicken
house (the "Project'), at Bobcat Ridge Natural Area(the "Natural Area"); and.
WHEREAS, in August 2011 the Historical Society awarded the City a grant in the amount
of$93,392 for the Project; and
WHEREAS, the estimated total cost of the Project is $124,523, with additional funding
coming from the Pulliam Charitable Trust and the Natural Areas program; and
WHEREAS,to receive the grant funding the City must enter into a Grant Contract with the
Historical Society; and
WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a
grant agreement, to provide any function, service or facility, under Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and
WHEREAS,a copy of the Grant Contract is on file and available for review in the office of
the City Clerk; and
WHEREAS,one of the conditions of the Grant Contract is a 20-year covenant running with
the land that would prohibit the City from permitting or undertaking any construction, alteration,
movement,relocation or remodeling or any other activity on the property where the Project is located
that would adversely affect the structural soundness of the property or encroach on the open land area
of the property without the express written permission of the Historical Society; and
WHEREAS, the Natural Area property affected by this covenant would be all or a portion
of the property described on Exhibit "A", attached and incorporated herein by reference (the
"Property"); and
WHEREAS, placing a restrictive covenant on the Property that is enforceable by the State
is the equivalent of conveying an interest in real property; and
WHEREAS, pursuant to Section 23-111(a) of the City Code, the 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 Council first finds,by ordinance,that such disposition is in the best interests
of the City; and .
WHEREAS, City staff recommends that the City Council approve the Grant Contract as
described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that placing a restrictive covenant on the
Property as required by the Historical Society in order to receive grant funding is in the best interests
of the City.
Section 2. That the Mayor is hereby authorized to enter into the Grant Contract with the
Historical Society obligating the City to use the $93,392 in grant proceeds from the Fund for
restoration of historic structures at Bobcat Ridge Natural Area, including the covenant described
above, in substantially the form of agreement as is on file in the office of the City Clerk,and that the
terms of the Grant Contract are approved together with such other terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the best interests of the City.
Introduced, considered favorably on first reading, and ordered published this 6th day of
December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D.
2011.
®�pORT CO Mayor
ATTEST: ' °° °l0
s
City Clerk CdLORAoo
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Passed and adopted on final reading on the 20th day of December, A.D. 2011.
M yor
ATTEST: O�FORT COS
N
City Clerk
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EXHIBIT A
Property Address 10184 W COUNTY ROAD 32C, LOVELAND 80538-0000
Legal Description
A POR OF SW1/4 OF 15-6-70; COM AT S 1/4 COR OF SD SEC 15 AND POB; TH WRLY
ALG S LN OF SD SW1/4 TO SW COR SEC 15; TH NRLY ALG W LN OF SW1/4 OF
SW1/4 TO CNTY RD; TH ERLY WITH SD RD TO PT ON W LN OF SE1/4 OF SW1/4; TH
DEPART FROM SD CNTY RD NRLY ALG SD W LN TO NW COR OF SD SE1/4 OF
SW1/4; TH ALG N LN OF SE1/4 OF SW1/4, N 88 23' 04" E 985.86 FT M/L TO PT ON
CEN LN OF ESMNT; TH N 30 37' 29" E 250.50 FT TO NW COR OF A TR DESC @
88049434; TH N 88 23' 04" E 10 FT; TH S 21 30' 01" E 163.30 FT; TH S 40 30' 59" E
74.93 FT M/L TO PT ON N LN OF SE114 OF SW1/4 OF SEC 15 FROM WHENCE TH NE
COR OF SE114 OF SW1/4 BEARS N 88 23' 04" E 93.10 FT; TH S 01 59' 43" E 188.87 FT;
TH S 35 12' 21" E 170.81 FT M/L TO PT ON E LN OF SE1/4 OF SW1/4 FROM WHENCE
SD NE COR BEARS N 00 12' 07" E 330.96 FT; TH S 00 12' 07" W 999.46 FT M/L TO
POB; LESS AND EXCEPT THAT POR DESC AS TR D IN BK 881, PG 286; LESS
20070047079 ROW