HomeMy WebLinkAbout2016-071-09/06/2016-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE HORSETOO RESOLUTION 2016-071
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY FOR THE
HORSETOOTH FOOTHILLS LAND CONSERVATION PROJECT
WHEREAS, on October 7, 2014, the City Council approved the Natural Areas Master
Plan, which identifies the foothills west of Fort Collins as a key conservation priority; and
WHEREAS, since 2014, City Natural Areas staff has collaborated with Larimer County
to engage property owners who are interested in conveying lands in the foothills west of Fort
Collins in support of public conservation goals; and
WHEREAS, through this outreach, owners of multiple properties have proposed adding
approximately 2,726 acres of key conservation priority properties to the existing 5,700 acres of
conserved lands managed by the City and Larimer County; and
WHEREAS, in furtherance of shared public conservation objectives, the City and
Larimer County pursued Great Outdoors Colorado ("GOCO") grants to fund the purchase of
interests in several properties as part of the regional Horsetooth Foothills Land Conservation
Project (the "Project'); and
WHEREAS, GOCO awarded the Project $1,000,000 in 2015 toward the costs to acquire
and conserve a 359-acre property identified as part of the Project; and
WHEREAS, GOCO awarded the Project another $4,000,000 in 2016 toward the costs to
conserve an additional 993 acres in fee and 1,374 acres in conservation easements (CE)
identified as part of the Project; and
WHEREAS, a condition of the 2016 GOCO grant is that the City and County provide the
remaining local funds to acquire and conserve the subject property interests; and
WHEREAS, Larimer County has agreed to negotiate fee purchases from owners of three
Project properties, and to convey a CE to the City on each property successfully acquired; and
WHEREAS, the City has agreed to negotiate fee purchase from owners of another Project
property, and to convey a CE to Larimer County on that property if successfully acquired; and
WHEREAS, the estimated cost to complete the four Project acquisitions as described in
both GOCO grants is $12,000,000; the local contribution component of that cost will be up to
$7,000,000 after application of the GOCO grants; and
WHEREAS, Natural Areas staff has determined it furthers the public purpose of the
Natural Areas Master Plan and.regional conservation goals for the City and Larimer County to
share the local contribution component of the Project acquisition and closing costs; and
1- ,
WHEREAS, the City and Larimer County have agreed upon the details for the proposed
split of local Project funding, as set forth in the Intergovernmental Agreement attached hereto as
Exhibit "A" (the "Agreement"); and
WHEREAS, the City Manager and City staff have recommended the City Council
approve the Agreement in substantially the form as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings conveyed in the recitals set forth above.
Section 2. That the Mayor is hereby authorized to execute the Agreement between
the City and Larimer County to apply $5,000,000 in GOCO grant funds to acquire land interests
and conservation easements on four (4) properties identified for the Horsetooth Foothills Land
Conservation Project, and to share the remaining acquisition and closing costs with the County,
which Agreement shall be in substantially the form of Exhibit "A" with such modifications and
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interest of the City or effectuate the
purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of September, A.D. 2016.
O¢FORr�
A.
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SEAL :CP
040R.......... O Mayor
ATTEST:
City Clerk
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Exhibit A
DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE HORSETOOTH FOOTHILLS CONSERVATION PROJECT
This Intergovernmental Agreement (Agreement) is made this_day of , 2016, by and
between the CITY OF FORT COLLINS, COLORADO(the "City") and LARIMER COUNTY,COLORADO
("Larimer County").
WHEREAS, part of 2 of Article 1 of Title 29,C.R.S. authorizes governments to cooperate and
contract with one another to provide any function,service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, Larimer County has imposed a sales and use tax via the "Help Preserve Open Spaces
Initiative"for the purchase and maintenance of open space, natural areas,wildlife habitat, parks and
trails and a portion of the funds generated by said sales tax are distributed to municipalities located
within Larimer County, including-the City; and
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-WHEREAS,the City has imposed a dedicated 0.25/o sales and use tax known as Open�Space
Yes+!", portions of the revenues from which are intended and available for he purchase and µ;;
maintenance of open space, natural areas; and trails;,:nd� "
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WHEREAS,the parties,recogmze,through the.Larimer'County Open Lands-and Fort Collins
Natural Areas Masier Plans that certain lands in the;foothills and along:the mountain backdro P."to the
cities of Fort Collins and Loveland are important to"be conseriied through jars means such as,fee
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ac uisition, conservation easements,\and re ulato measures,and tl
t WHERE ,the partiesihave histori`allylw�rked cooperatively in this area to conserve t AS he wildlife
and recreation corndorfromDevil's Backbone�0.pen Space to Ho rsetoothiMountain Park,adjacent to
the;Horsetooth Foothills properties to protect and promote the,,quality�of life,the natural environment
and the character of the region; and
WHEREAS, Larimer County Open Lands Department and the City of Fort Collins Natural Areas
Department share common goals in conserving land in the foothills southwest of Fort Collins, and are
forming a partnership per this IGA to implement a land conservation project known as the"Horsetooth
Foothills Conservation Project"to conserve in fee and through conservation easements approximately
2,726 acres of land.
WHEREAS, Larimer County was awarded in 2015, One Million dollars in Great Outdoors
Colorado (GOCO)grant funds to acquire in partnership with the City fee title to a parcel of real property
located in the County of Larimer,State of Colorado known as "Parcel D",which property is depicted on
the overview map attached as Exhibit "A" and legally described in Exhibit "B" herein ("Parcel D East-
Phase I");and
WHEREAS, Larimer County was awarded in 2016, Four Million dollars in GOCO grant funds to
acquire in partnership with the City fee title and conservation easements to additional parcels of real
property located in the County of Larimer,State of Colorado known as "Parcel B", "Parcel C", "Parcel D
West—Phase II",and "Parcel A" properties("Horsetooth Foothills Properties"or"Properties"),which are
depicted on the overview map attached as Exhibit A and legally described in Exhibits B and C herein; and
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION, AND APPROVAL
y
WHEREAS, Larimer County executed a grant agreement with GOCO on January 25, 2016,to
accept the One Million Dollars in GOCO funding necessary to proceed with the City to acquire fee
interest in the Parcel D East- Phase I property, as part of the Horsetooth Foothills Conservation Project,
Log#16129,(the"2015 GOCO Agreement"); and
WHEREAS, Larimer County anticipates executing a grant agreement with GOCO after September
6, 2016,to accept the Four Million dollars in GOCO funding necessary to proceed with the City to
acquire respective interests in the Parcel B, Parcel C, Parcel D West—Phase II, and Parcel A properties,
as part of the Horsetooth Foothills Conservation Project, Log#16662, (the "2016 GOCO Agreement");
and
WHEREAS, Larimer County anticipates acquiring through purchase of fee interests and
conservation easements,the real property described in Exhibit B, attached hereto and incorporated
herein by reference (the "County Acquisitions"), and the City anticipates acquiring through purchase of
fee interests and conservation easements,the real property described in Exhibit C attached hereto and
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incorporated:herein by refere#nce(the City Acquisition u,01and
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WHEREAS;GOCO requires a conservation easementito be placed°upon all parcels acquired in fee
intere t using GOCO funds; L"b 4imer Cod my will conv ey a conservation easement to the City o'Al
parcels it acquires i"fin`,fee usuig GOCO Funds as described in4Ekhibit B,andA he City will convey at e
conservation easement to iarimer County on the parcel it acquires in fee'using.G000 funds as" "scribed
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in Exhibit z1 C. 1 } � r �, ,b"r
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WHEREAS th:e County�will also convey a conservation easement,to the City on Parcel C�ywhich is
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not,,,being acquired with GOCO funds
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�f WHEREAS;the partiesldesire tocooperate and contractiwith one another concerning th
shanng.of,costs'and responsibilities for the acquisition, ownership improvement, and management of
the Horsetooth Foothills Properties.
NOW,THEREFORE, in consideration of the mutual promises contained herein,the parties agree
as follows:
A. Subject Properties/Easements
1. The cost for conserving the Horsetooth Foothills Properties including closing costs,title
insurance,surveying,appraisal fees, minor land divisions, Phase I Environmental Assessment
Reports, Baseline Reports, and Geologist and Remoteness Letters is estimated to be approximately
$12,000,000, as described in greater detail in Exhibit"D", attached hereto and incorporated herein
by reference.
2. The parties will split evenly all unanticipated acquisition costs in addition to the
amounts reflected on Exhibit D, arising during final negotiations and closing on the interests
generally described herein. If that approach is not financially feasible for either party,the parties
agree to negotiate in good faith to reach a solution,which may include a different division of costs,
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
in order to proceed with the acquisitions. Exhibit D(and the other exhibits as necessary)will be
updated upon completion of the final acquisitions.
Acquisition of each property and easement described in Exhibits B and C shall occur at closings set at
mutually agreed date(s),time(s) and location(s), at which each party shall bring purchasing funds as
described below and on Exhibit D, unless otherwise agreed by parties.
3. The acquisitions will be structured as follows:
Parcel A—appx.800 acres total:
i. City is the lead in conserving this property, has been negotiating with the property
owner and paying the due diligence costs, and will pay all miscellaneous costs
associated with conserving this property shown on Exhibit D.
ii. City will prepare the conservation easement instrument(s)_necessary for
conservation of Parcel A in collaboration on with Larimer County and fGOCO�a . , {7
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r�,iii.,'rCity will acquire and manage the(500 acres in fee, and+will convey a conservation
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j easement (CE)to Larimer: County as required by GOCO,subject to prior approval by
I ordinance ofsuchonveyance by the Fort Collins CityG Council in its discretion.
$f iv 1 City will acquire and:hold a 27,ry0+/ acre conservation easement.
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v 1 'City will acquire and hold a 35J2+/,]=acre conservation easement'n�.
vi.; Contributions towards the feeland CE-acqu A,isitions are shown on Exhibit D "t
1 vii. The City shall submit,the CE, upon-acceptance by Latimer County,to the County
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/Clerk and Recorderfor recording in the realproperty records of Larimer County,and
v. . I j I � ` t I )WaJ
shall provide a copy oflthe recorded Conservation Easement to Larimer County
upon completion of recording.
Parcel B—appx. 300 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, and will pay all miscellaneous
costs associated with conserving this property except for the cost of the baseline
report, as shown on Exhibit D.
ii. Larimer County will prepare the conservation easement instrument(s) necessary for
the conservation of Parcel B in collaboration with the City and GOCO.
iii. Larimer County will acquire and manage the 300+/-acres in fee and convey a
conservation easement(CE)to the City as required by GOCO.
iv. Contributions towards the fee and CE acquisitions are shown on Exhibit D.
v. Larimer County shall submit the CE, upon acceptance by the City,to the County
Clerk and Recorder for recording in the real property records of the County, and
shall provide a copy of the recorded Conservation Easement to the City upon
completion of recording.
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION, AND APPROVAL
Parcel C Property—appx. 1,060 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, and will pay all miscellaneous
costs associated with conserving this property except for the cost of the baseline
reports as shown on Exhibit D.
ii. Larimer County will prepare the conservation easement instrument(s) necessary for
the conservation of Parcel C in collaboration with the City and GOCO.
iii. Larimer County will acquire and manage the 200+/-acres in fee and convey a
conservation easement (CE)to the City.
iv. County will acquire and hold an 870+/-acre conservation easement.
v. Contributions towards the fee and CE acquisition are shown on Exhibit D.
vi. Larimer County shall submit the CEs, upon acceptance by the City,to the County
Clerk and Recorder for recording the real property records of the County, and shall
�, provide a copy;;of the recorded Conservation EasemenVto,the Citywpowcompletion
t bid'` is w a"h: �!✓ jf #" �xd E:k {n. .yt
N of re co rd i ng.LQ 4jcr A ' +Y 'z:�kr:Y`.
F O Parcel D Properties�(East-Phased and West-Phase II)—appx.560'4acres total: I
t ..® i ,,�Countyjis{the lead 4m"conservingrthese properties, h�ss,,, een negotiating with"the
t i�propertykowne atod paying the�due diligence costs,�and wil pay all miscell Heous
` i�costs assbcciat6d with consery ng1this property except;for th�et' st of the baseline
= reports as shown.on Exhibit Dil I.x
re I wfe
.
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iik County,wilI prepare�the conservattoweasement instrument(s) necessaryforahe
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;conservation of the Parcel A properties inicollaboration with the City and GOCO.
sin County wilI acquirefand manage 360+/-acrespn fee an,id convey a conservation
easement (CE)to tWCity as required by GOCC
iv. County will acquire and hold a 200+%-acre conservation easement.
v. Contributions towards the fee and CE acquisition are sh"own on Exhibit D.
M. Larimer County shall submit the CE, upon acceptance by the City,to the County
Clerk and Recorder for recording the real property records of the County, and shall
provide a copy of the recorded Conservation Easement to the City upon completion
of recording.
4. Promptly upon completion of each closing related to a property or easement described
in Exhibits A-D Larimer County and the City shall arrange for title insurance to be provided for the
acquired property or easement,for the benefit of the other party, consistent with the ownership
interests to be conveyed herein.
5. Until such time as the above-referenced closing and conveyance of the property
interests above shall occur, Larimer County shall remain the primary negotiator of the•Parcel B,
Parcel C and Parcel A properties purchases and shall have the discretion to make decisions related
to the negotiations including choice of surveyor,title company, and other administrative matters,
consistent with this Agreement. Until such time as the above-referenced closing and conveyance of
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
the property interests above shall occur,the City shall remain the primary negotiator of the Parcel A
property purchase and shall have the discretion to make decisions related to the negotiations
including choice of surveyor,title company,and other administrative matters, consistent with this
Agreement.The parties shall promptly inform the other party of new developments in the
negotiations and new material information,related to the subject properties and easements or the
acquisitions thereof.
B.. Management of the Horsetooth Foothills Properties
1. The City will manage the 500+/-acres acquired on the Parcel A property as a part of the
Coyote Ridge Natural Area in accordance with the Foothills Natural Areas Management Plan (which
will be updated to reflect this acquisition) and subsequent updates.
2. Larimer County will manage the 300+/-acres acquired on the Parcel B property as a part
of the Devil's Backbone Open Space and in accordance with the Devil's Backbone Open Space
Management Plan (which will.be updated to reflect this acquisition)and subsequent updates.,_,, ,,�3
t h x*� a M v 11,1S j 14,04 L,V 8("( �iif' �,�. }'�iA thj nt
rid
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P 3w,•Larimer County will manage the 360+/,nacres acquired on,rthe Parcel A properties as a
b, . ��
part of the Horsetooth Mountain Park•m accordance with the Redstone HOA Covenants,the;
�Horsetooth Mountain Park Management Plan (which will be updatedito reflect this acquisition) and
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tsubsequent updates. gym,
4. Larimer County will manage the 200+/ acres cquired omthe Parcel C property as a part
of the Horsetootht Mountain Parklin accordance with the,Horsetoothl'Mountain Park Management
+Plan (which willl,be updated to reflect this acq uisition)and�subsequen�t updates.
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5. FEmergencyiLircumstances. In t e,event of emergency circumstances requiring t'
immediate response prior to the adoption dated ManagementfiP4lans which will be usedto
gguide the management of�the Properties,ads described above LarimerCounty and the City all be
entitled to use reasonable discretion in responding to such circumstances. If possible, any such
emergency circumstances or responses shall be subject to consultation between the parties in
advance of any action being taken. In the event advance consultation is not reasonably possible,
Larimer County shall limit its actions to those necessary to address the existing emergency,and shall
make reasonable efforts to inform the City promptly of any such event and chosen course of action.
C. Subsequent Sale and/or Transfer of Fee or Conservation Easement Interests
1. Once closings have occurred on the City and County's respective acquisitions, if a party
desires to sell all or any portion of its fee interest in the Properties or transfer its interest in a
conservation easement(but not including conveyances of easements or rights-of-way),that party
(the"Selling Party')shall provide at least 60 days'advance written notice to the other party of its
intention regarding the property interest. The other party shall have a right of first refusal
("Option")to purchase such interest in the Properties for the proportional share of the fair market
value of such Property as determined by an appraiser selected by the parties. The other party shall
notify the Selling Party within 30 days whether it intends to purchase the Property. The parties shall
then work in good faith to negotiate a purchase and sale agreement and any necessary documents
for completion of the sale. The Option shall expire two years after the date of the Selling Party's
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
written notice of its intent to sell its interest if the parties have not closed on the conveyance of the
Property interest by that time.
2. If the other party declines to purchase the subject property,the Selling Party may then
convey the Property as it chooses. Any such conveyance shall be subject to the terms of the related
conservation easement and any other existing encumbrances, restrictions or conditions applicable
to the conveyed property. In addition, in the event one of the parties desires to sell all or any
portion of its fee interest in the Property, including easements or rights of way, and the other party
has a concern with the impact of the proposed sale on the remaining interests in the Property,the
parties agree to negotiate in good faith to resolve the issue prior to the sale or transfer.
3. Any transfer or sale of a property interest acquired under this Agreement shall be
subject to GOCO requirements and review as described in the GOCO Grant Agreements attached as
Exhibit E and incorporated by reference herein.
4. In the event all or any portions of the subject properties,are sold, exchanged, q^
urn; �.�' � $n.'$i �A
Wtransferrednor otherwise disspose&bf,the net proceeds from such disposition shall be diVided..+j f 4
.'s� f r�, .,.:at, ...i.P ln.� �6. .�.....�Rx..9n:•
between the County andAI'Ahe City my he same prop drtion as their respective contributions,tto the
initial purchasehpayments'for acquiring the property interests sold.1lnjthe event all or any po ion of
t o i tcml N P
[,the subject properties is taken by eminent domain;the: coUTlsts and pro eds of such condemnation
shall be shared'proportional ly by the parties bas`dd on the,same division of proceeds as setJorth
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«herein. Proceeds from such-conveyance shall belsub ect to the provisions of each party s respective
papplicable policies, ordinances;°resolutions and>plans u, A
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D.t General Provisions, , , r , f,
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1. aEacli party agrees to execute all additional instruments[a"hd documents necessary to
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effectuate«{hye transactions and purposes {dcescribed herein,subjecto`.'any necessary approvals.
2. This Agreement shall be binding upon and inure to the benefit of the parties' respective
successors and permitted assigns.
3. Financial obligations of the party's payable after the current fiscal year are contingent
upon the governing bodies of the parties, in their discretion, appropriating necessary funds therefor.
The parties' obligations hereunder are also subject to the final award of grant funds by GOCO.
4. Nothing in this Agreement waives the immunities, limits of liability, or other terms and
conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended.
5. Any notices required or permitted to be given shall be in writing and personally
delivered to the office of the parties hereof by first class mail, postage prepaid, as follows:
John Stokes Gary Buffington
Natural Areas Director Natural Resources Director
City of Fort Collins—Natural Areas Department Larimer County Open Lands
PO Box 580, Fort Collins 80522 [address]
jstokes@fcgov.com @larimer.org
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
i
Any such notice shall be effective (i) in the case of personal delivery,when the notice is actually
received, or(ii) in the case of first class mail,the third day following deposit in the United States
mail, postage prepaid, addressed as set forth above.Any party may change these persons or
addresses by giving notice as required above.
IN WITNESS WHEREOF,the parties hereto.have executed this Intergovernmental Agreement
concerning the Horsetooth Foothills Conservation Project, on the day and year first above written.
THE CITY OF FORT COLLINS,COLORADO,
A Municipal Corporation
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By. :��
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Mayor
4mi nl j II/ j �! )a 1 IF mm;
ATTEST: APPROVED AS TO FORM
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City Clerk �� r Assistant;City Attorney
LARIMER COUNTY,COLORADO
By:
Chair, Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk Assistant County Attorney
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
EXHIBIT A
Overview Map
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION, AND APPROVAL
EXHIBIT B
County Acquisitions and Conservation Easement Conveyances to City
[Final identification and contract negotiations have yet to occur regarding these properties; alternate
properties may be identified to replace those listed below, subject to-prior-approval by the City].
Legal Descriptions& Maps: Parcel B Fee and Parcel D East- Phase I Fee and Parcel D West-Phase II CE
and Parcel C Fee and CE Properties
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
EXHIBIT C
City Acquisitions and Conservation Easement Conveyances to County
[Final identification and contract negotiations have yet to occur regarding these properties; alternate
properties may be identified to replace those listed below, subject to prior approval by Larimer County]
Legal Descriptions&Maps—Parcel A Fee and CE Properties
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION, AND APPROVAL
Exhibit D
Horsetooth Foothills Conservation Project IGA COST DATA
[Preliminary pending final property identificationj'l
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DRAFT—SUBJECT TO LEGAL REVIEW, REVISION,AND APPROVAL
Exhibit E
Horsetooth Foothills Conservation Project IGA OWNERSHIP DATA
[Preliminary pending final property identification]
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