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HomeMy WebLinkAbout012 - 02/04/2014 - AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH HISTORY COLORADO, THE COLORADO HIST ORDINANCE NO. 012, 2014 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 2013 City Natural Areas staff applied for a grant from the Historical Society to help pay for restoration of two historic structures, a poultry shed and an equipment shed (the "Project'), at Bobcat Ridge Natural Area(the "Natural Area"); and WHEREAS, the Historical Society has awarded the City a grant in the amount of $141,877 for the Project; and WHEREAS, the estimated total cost of the Project is $199,827, 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 $141,877 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 21st day of January, A.D. 2014, and to be presented for final passage on the 4th day of February, A.D. 2014. Ma r ATTEST: �FOR7�O< City Clerk „ • 'O • COLO.V - 2 - Passed and adopted on final reading on the 4th day of February, A.D. 2014. Mlybr 'ATTEST: 111rORT CO aAA City Clerk 'p •COLCRP� _ 3 _ EXHIBIT A LOCATION SKETCH HYATT- SPENCE- PULLIAM RANCH AT BOBCAT RIDGE NATURAL AREA N 195.77' n 'm m � Y) 9S. MAY 27, 2010 R'U"ham oI�SE 0 200 m 0 25 50 100 FEET , 700418Z4R46E ❑ �B9j, SHED \ \ S , lio NOMINATED SITE 3.690 +/— NET ACRES ' RANCH HOUSE �' 102L+7-{Y CR J2C ;D m 1 ro N ,0 52.64' Pa�E��A✓ SN o cRAaEs 52.64' I q9 252.3q. $9� I Ni NI NOMINATION BOUNDARY 1326.52' SW CORNER 15-6-70 S 1/4 CORNER 15-6-70 DESCRIPTION OF THE HYATT-SPENCE-PULLIAM RANCH LOCATED AT BOBCAT RIDGE NATURAL AREA A tract of land located in the Southwest Quarter of Section 15 Township 6 North Range 70 West of the Sixth Principal Meridian, Larimer County, Colorado, being more particularly described as follows; Considering the south line of the said southwest quarter of Section 15 as bearing South 88 degrees 07 minutes 53 seconds East between a 3. 5" GLO Brass Cap Monument at the southwest corner and 2 . 5" Aluminum Cap Monument, PLS 29407 at the south quarter corner of Section 15, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 15; THENCE along the said south line of the southwest quarter, South 88 degrees 07 minutes 53 seconds East for a distance of 1326. 52 feet to the West 1/16 corner, per a Land Survey Plat by PLS 34174 recorded November 22, 2004 at Reception No. 20040111736 records of the Clerk and Recorder of Larimer County; THENCE along the west line of the southeast quarter of the said southwest quarter of Section 15, North 03 degrees 43 minutes 29 seconds East for a distance of 211 . 15 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said west line, North 86 degrees 16 minutes 31 seconds West for a distance of 52 . 64 feet; THENCE North 03 degrees 43 minutes 29 seconds East for a distance of 58 . 50 feet; THENCE South . 86 degrees 16 minutes 31 seconds East for a distance of 52 . 64 feet returning to the said west line of the southeast quarter of the said southwest quarter; THENCE along the said west line, North 03 degrees 43 minutes 29 seconds East for a distance of 414 . 32 feet; THENCE leaving the said west line, South 86 degrees 16 minutes 31 seconds East for a distance of 195 . 77, feet; THENCE South 23 degrees 01 minutes 53 seconds East for a distance. of 9. 66 feet; THENCE South 46 degrees 40 minutes 36 seconds East for a distance of 47 . 95 feet; THENCE South 21 degrees 04 minutes 33 seconds East for a distance of 50 . 06 feet; THENCE South 63 degrees 01 minutes 43 seconds East for a distance of 78 . 47 feet; THENCE South 49 degrees 38 minutes 33 seconds East for a distance of 51 . 17 feet; THENCE South 44 degrees 03 minutes 23 seconds East for a distance of 62 . 56 feet; THENCE South 08 degrees 55 minutes 05 seconds West for a Page 1 of 2 distance of 238 . 96 feet; THENCE South 63 degrees 32 minutes 21 seconds West for a distance of 169. 49 feet; THENCE North 77 degrees 29 minutes 19 seconds West for a distance of 252 . 39 feet to the point of beginning. EXCEPTING THEREFROM the 40 . 00 feet wide Right of Way for Larimer County Road W 32C. The above described tract contains a net area of 3 . 690 acres more or less. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual monumented field survey. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 RA/G yG�ss� �J N,V p19TE sl.+ Lid 497 _ ` S ZY �LD : ' Ms N ••..1 I oe� G- N� ....... •° Qotedu ''''R2/ /OmICO�oPy1 e Page 2 of 2