HomeMy WebLinkAbout040 - 04/19/2022 - AUTHORIZING THE CONVEYANCE TO LARIMER COUNTY OF A CONSERVATION EASEMENT AND A RIGHT OF FIRST REFUSALORDINANCE NO. 040, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO LARIMER COUNTY OF A CONSERVATION
EASEMENT AND A RIGHT OF FIRST REFUSAL ON PROPERTY TO BE ACQUIRED BY
THE CITY AND THE EXISTING BOBCAT RIDGE NATURAL AREA AS PART OF THE
BOBCAT RIDGE EXPANSION CONSERVATION PROJECT
WHEREAS, to meet shared land conservation goals, the City and Larimer County
("County") have been collaborating for more than two decades on funding partnerships to acquire
various open space properties and conservation easements; and
WHEREAS, the City owns 2,605 acres of land southwest of Fort Collins known as Bobcat
Ridge Natural Area ("Bobcat Ridge"); and
WHEREAS, whereas the City has entered into a contract to purchase two properties
adjacent to Bobcat Ridge totaling 675 acres (the "Ranch Properties"), with anticipated closing
dates of April 29, 2022 for one parcel and January 23, 2023 for the second parcel; and
WHEREAS, the County has agreed to contribute $1,000,000 towards the purchase of the
Ranch Properties in exchange for the City agreeing to convey to the County a conservation
easement (the "Conservation Easement") over the Ranch Properties and Bobcat Ridge, which are
more particularly described on Exhibit "A", attached and incorporated herein by reference, as well
as a right of first refusal in case the City ever wishes to sell all or a portion of its fee interest in
Bobcat Ridge or the Ranch Properties; and
WHEREAS, the Conservation Easement would help ensure that Bobcat Ridge and the
Ranch Properties will be managed to protect their conservation values in perpetuity; and
WHEREAS, concurrently with this Ordinance, the City Council is considering Resolution
2022-039 authorizing an intergovernmental agreement between the City and the County regarding
the conservation of the Ranch Properties and Bobcat Ridge (the "IGA"); and
WHEREAS, at its regular meeting on March 9, 2022, the Land Conservation and
Stewardship Board voted to recommend that the City Council approve conveyance of the
Conservation Easement to the County; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by 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, although the fair market value of the Conservation Easement is likely higher
than $1,000,000, City staff is recommending that the City not charge the County full value for
conveyance of the Conservation Easement as the conveyance serves a bona fide public purpose
under Section 23-114 of the City Code because:
The County's acquisition of the conservation easement promotes the general welfare and
benefits the citizens of Fort Collins by ensuring the long-term conservation of Bobcat
Ridge and the Ranch Properties.
• The County's $1,000,000 contribution allows the City to purchase the Ranch Properties,
which supports Strategic Objective 4.7 of the 2020 City's Strategic Plan, "Expand the
Natural Areas land portfolio while simultaneously maintaining existing lands and
improving equitable access to nature."
• The County will expend its own funds to monitor the Conservation Easement in the future.
• The conveyance to the County will not result in any direct financial benefit to any private
person or entity, except to the extent such benefit is only an incidental consequence and is
not substantial relative to the public purpose being served; and
• Conveying the conservation easement to the County for less than fair market value will not
interfere with current City projects or work programs, hinder workload schedules or divert
resources needed for primary City functions or responsibilities.
NOW, THEREFORE, BE IT ORDAINED 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 contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City's conveyance of a
conservation easement and granting of a right of first refusal on Bobcat Ridge and the Ranch
Properties to Larimer County as provided herein, once the City has acquired the Ranch Properties,
is in the best interests of the City.
Section 3. That the City Council hereby authorizes the Mayor to execute such
documents as are necessary to convey a conservation easement to the County on terms and
conditions consistent with this Ordinance, together with such 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, including, but not limited to, any necessary changes to the legal description
of the conservation easement, as long as such changes do not materially increase the size or change
the character of the interest to be conveyed.
Section 4. That the City Council hereby authorizes the Mayor to execute such
documents in addition to the IGA as may be necessary to grant a right of first refusal to the County
on terms and conditions consistent with this Ordinance, together with such 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, including, but not limited to, any necessary changes
to the legal description of the right of first refusal, as long as such changes do not materially
increase the size or change the character of the interest to be conveyed.
-I-
Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2022, and to be presented for final passage on the 19th day of AAxi4 A.D. 2022.
4
City Clerk
Passed and adopted on final readin&,on the 15
`<-- ' . - --
City Clerk
-3-
EXHIBIT A
Legal Description of the Eagle Canyon Ranch Property
Parcel 1:SE1/4 of NE 1/4; and E1/2 of SE1/4 of Section 8, Township 6 North, Range 70 West of the 6thP.M., County of
Larimer, State of Colorado. EXCEPTING from said SE1/4 of NE1/4 of Section 8 that portion contained in Quitclaim Deed
recorded July 7, 2012 at Reception No. 20120045227, records of the Larimer County Clerk and Recorder, County of
Larimer, State of Colorado.SE1/4 of NW1/4 and SW1/4 of SE1/4 and SW1/4 and that portion of the NW1/4 of SE1/4 of
Section 9, Township 6 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado described as follows;
Beginning at the center corner of said Section 9, thence North 85' 16 minutes 46 seconds East 49.66 feet along the North
line of said NW1/4 of SE1/4; thence South 21' 03 minutes 42 seconds East 166.45 feet; thence South 72' 37 minutes 42
seconds East 557.66 feet; thence South 12° 50 minutes 15 seconds East 778.04 feet; thence South 31' 04 minutes 24
seconds East 189.43 feet to the South line of said NW1/4 of SE1/4; thence South 85' 10minutes 22 seconds West 904.54
feet to the West line of said NW1/4 of the SE1/4; thence North 00° 15 minutes 44 seconds West 1304.73 feet along said
West line to the center comer of said section, the place of beginning. ALSO, the SW1/4 of the NE1/4, EXCEPT a tract of land
more particularly described as follows; Beginning at the NE comer of the SW1/4 of the NE1/4 of said Section 9; thence along
the North line of the SW1/4 of the NE1/4 of said Section 9; South 84° 42 minutes 58 seconds West 977.23 feet to the
approximate centerline of Buckhorn Road; thence along said approximate centerline of Buckhorn Road the following two
(2) courses and distances: South 51° 39 minutes 45 seconds East 128.59 feet; South 44° 13 minutes 04 seconds East 185.03
feet to the beginning of a tangent curve concave to the North having a central angle of 65' 14 minutes 55 seconds and a
radius of 291.37 feet; thence continuing along the approximate centerline of Buckhorn Road and Easterly along the arc of
said curve 331.81 feet; thence tangent from said curve and continuing along the approximate centerline of said Buckhorn
Road the following two courses and distances; North 70' 32 minutes 01 seconds East 410.50 feet; North 61° 04 minutes
27 seconds East 58.06 feet to a point on the East line of the SW1/4 of the NE1/4 of said Section 9; thence along the East
line of the SW1/4 of the NE1/4 of said Section 9; North 00' 09 minutes 48 seconds West 209.00 feet to the Point of
Beginning.
Parcel 2:That portion of the Northwest Quarter of the Northeast Quarter of Section 9, Township 6 North, Range 70 West
of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows; Considering the West
line of the Northwest Quarter of the Northeast Quarter of said Section 9 as bearing North 04°15'36" East and with all
bearings contained herein relative thereto; BEGINNING at the Southwest corner of the Northwest Quarter of the Northeast
Quarter of said Section 9; thence along the West line of the Northwest Quarter of the Northeast Quarter of said Section 9,
North 04°15'36" East337.67 feet, more or less to a point on the approximate centerline of Larimer County Road No. 27
said point being on a non -tangent curve concave to the Southwest, having a central angle of 5°54'17" and a radius of
673.50 feet, the long chord of which bears South 49°40'33" East 69.38 feet; thence Southeasterly along said approximate
centerline and along the arc of said curve 69.41 feet; thence tangent from said curve and continuing along said approximate
centerline. South 46°43'25" East 418.34 feet, more or less to a point on the South line of the Northwest Quarter of the
Northeast Quarter of said Section 9; thence departing said approximate centerline and along the South line of the
Northwest Quarter of the Northeast Quarter of said Section 9, South 89°14'30" West 382.58 feet to the Southwest comer
of the Northwest Quarter of the Northeast Quarter of said Section 9 and the POINT OF BEGINNING.
Parcel 3:That portion of the Northeast Quarter of the Northwest Quarter of Section 9, Township 6 North, Range 70 West
of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows;
01/13/2022 2:00 PM Commitment No.: 459-H0666402-081-NMCConsidering the South line of the Northeast Quarter of
the Northwest Quarter of said Section 9 as bearing South 89°10'55" West and with all bearings contained herein relative
thereto; BEGINNING at the Southeast comer of the Northeast Quarter of the Northwest Quarter of said Section 9; thence
along the South line of the Northeast Quarter of the Northwest Quarter of said Section 9, South 89°10'55" West 997.80
feet; thence departing said South line. North 57°26'55" East 221.02 feet; thence South 70°44'56" East230.37 feet;
thence South 63°18'18" East 79.40 feet; thence North 82°56'48" East 393.16 feet; thence North 42°45'52" East 217.63 feet,
more or less, to a point on the East line of the Northeast Quarter of the Northwest Quarter of said Section 9; thence along
said East line. South 04' 15'36" West 201.66 feet to the POINT OF BEGINNING
EXHIBIT A
Legal Description of the Soaring Eagle Ranch Property
Lots 51 through 78, and Common Area Lots G and H, Buckhorn Ranch R.L.U.P. 99-RLP 0033, recorded October 21, 2002 at
Reception No. 2002111362, and Affidavit of Correction recorded May 25, 2006 at Reception No.20060039005 County of
Larimer, State of Colorado, And Residual Lots D and E, Amended Plat of Residual Lot A, Buckhorn Ranch R.L.U.P. 99-RLP-
0033 recorded May 8, 2007 at Reception No. 20070034808, County of Larimer, State of Colorado, Also known as: That
portion of BUCKHORN RANCH R.LU.P. 99-RLP0033, County of Larimer, State of Colorado, lying Westerly and Southerly of
the centerline of Larimer County Road No. 27 (according to the final plat of said BUCKHORNRANCH R.LU.P. 99-RLP0033),
being situate in Sections 9 and 10, Township 6 North, Range 70 West of the 6thP.M., County of Larimer, State of Colorado
and being more particularly described as follows: Considering the South line of the Southeast Quarter of said Section 9 as
bearing North 89°59'57" East and with all bearings contained herein relative thereto: BEGINNING at the Southwest comer
of said Section 10; thence along the South line of the Southwest Quarter of said Section 10 South 88°03'02" East 2056.80
feet to a point on the centerline of Larimer County Road No. 27(according to the final plat of said BUCKHORN RANCH
R.LU.P. 99-RLP0033); thence departing said Southline of the Southwest Quarter of said Section 10 and along said
centerline of Larimer County Rood No. 27 (according to the final plat of said BUCKHORN RANCH R.L.U.P. 99-RLP0033) the
following thirteen (13) courses and distances: North 25°54'45" West 177.04 feet; thence North 23°32'16" West 296.20
feet; thence North 21°36'20" West 325.28 feet; thence North 20°54'19" West 1435.86 feet; thence North 22°20'38" West
2332.68feet; thence to the beginning of a tangent curve concave to the Northeast having a central angle of 20°24'17" and
a radius of 2000.00 feet, the long chord of which bears North 12°08'30" West a distance of708.50 feet; thence Northerly
along the arc of said curve 712.26 feet; thence tangent from said curve North 01°56'21" West 89.86 feet to the beginning
of a tangent curve concave to the South having a central angle of 128°39'07" and a radius of 196.00 feet, the long chord
of which bears North 66°15'54" West a distance of 353.30 feet; thence Westerly along the arc of said curve 440.10 feet;
thence tangent from said curve South 49°24'32" West 396.07 feet to the beginning of a tangent curve concave to the
Southeast having a central angle of 28°44'08"and a radius of 569.00 feet, the long chord of which bears South 35°02'28"
West a distance of 282.39 feet; thence South westerly along the arc of said curve 285.37 feet; thence tangent from said
curve South 20°40'24" West128.79 feet; thence South 19°36'38" West 573.10 feet to the beginning of a non -tangent
curve concave to the Northwest having a central angle of 49°08'00" and a radius of 350.00 feet, the long chord of which
bears South 42°40'38" West o distance of 274.26 feet; thence Southwesterly along the arc of said curve 281.81 feel, more
or less to a point on the West line of the Southeast Quarter of the Northeast Quarter of said Section 9; thence departing
said centerline of Larimer County Road No. 27 (according to the final plat of said BUCKHORN RANCH R.LU.P. 99-RLP0033)
and along said West line of the Southeast Quarter of the Northeast Quarter of said Section9 South 04°22'34" West 1120.21
feet to the Southwest corner of the Southeast Quarter of the Northeast Quarter of said Section 9: thence along the North
line of the Northwest Quarter of the Southeast Quarter of said Section 9 South 89°23'12" West 1305.43 feet; thence
departing said North line at the Northwest Quarter of the Southeast Quarter of said Section 9 and along the Westerly
lines of said Plat of BUCKHORN RANCH R.LU.P. 99-RLP0033 the following four (4) courses and distances: South 17°20'33"
East 156.79 feet; thence South 63°05'22" East 557.72 feet; thence South 08°18'09" East 777.83 feet; thence South
26°25'21" East 190.12 feet more or less, to a point on the South line of the Northwest Quarter of the Southeast Quarter of
said Section 9; thence departing said Westerly lines of said Plat of BUCKHORN RANCH R.LU.P. 99-RLP0033 and along said
South line of the Northwest Quarter of the Southeast Quarter of said Section 9 North 89°40'48" East 434.00 feet to the
Southeast corner of said Northwest Quarter of the Southeast Quarter of said Section 9; thence along the West line of the,
Southeast Quarter of the Southeast Quarter of said Section 9 South 04°49'42" West 1314.38 feet to the Southwest corner
of the Southeast Quarter of the Southeast Quarter of said Section 9; thence along the South line of the Southeast Quarter
of the Southeast Quarter of said Section 9 North 89°59'57" East 1327.45 feet to the Southwest corner of said Section 10
and the POINT OF BEGINNING.EXCEPTING THEREFROM that portion conveyed to McBlair Ranch LLC, a Colorado limited
liability company by Quitclaim Deed recorded July 9, 2012 at Reception No. 20120045226 and that portion contained in
Deed of Dedication recorded July 1, 2014 at Reception No. 20140035134
EXHIBIT A
Legal Description of Bobcat Ridge Natural Area
Being portions of land situated in Sections 15, 16, 17, 18, 20, 21, 22 and 27, Township 6 North, Range 70 West of
the 61h P.M., County of Larimer, State of Colorado
SECTION 15 — TOWNSHIP 6 NORTH — RANGE 70 WEST
A tract of land located in the Southwest Quarter of the Southeast
Quarter of Section 15, Township 5 North, Range 70 West of the
Gth P.M., Lorimar County, Colorado, being more particularly
described as follows,,
Beginning at the South Quarter Corner of said Section 15 and
considering the South line of the Southeast Quarter of said
Section 15 to bear South 88'20'29" West with all beorTngs
contained herein being relative thereto; thence North 00'12'07'
East along the West line of said Southeast Quarter, 326.23 feet;
thence South 88'08'10° East, 150.06 feet; thence along the arc
of a nen—tangent curve to the right whose radius is 172.99 feet,
central angle is 60'03'42" and chord bears South 44' 12'29" East,
173,15 feet; thence South 14'10'35" East, 193,89 feet to a point
on the South line of the Southeast Quarter of sold Section 15;
thence South ST20'29" West, 319,49 feet along said South line to
the Point of Beginning,
County of Lorimer,
State of Colorado.
AND
The Southeast Quarter of the Southwest Quarter and the
Southwest Quarter of the Southwest Quarter of Section 15,
Township 6 North, Range 70 West of the 6th P.M., lying South of
the County Road, less and except that portion conveyed in Book
B81 at Page 286.
County of Lorimer,
State of Colorado.
AND
A tract of land located in the Northeast Quarter of the Southwest
Cluorter of Section 15, Township 6 North, Range 70 West of the
Sixth Principal Meridian, Lorimer County, Colorado, being more
particularly described es follows:
Commencing of the Southeast Corner of the Northeast Quarter of
the Southwest Quarter of said Section 15 end considering the
South line of the Northeast Quarter of the Southwest Quarter of
said Section 15 to bear South 88'23'04' West with all other
bearings contained herein being relative thereto; thence South
BF23'04" West clang the South line of the Northeast Quarter of
the Southwest Quarter of said Section 15, 93.10 feet to the True
Point of Beginning; thence continuing South 88'23'04" West,
245.23 feet, more or less, to a point an the centerline of
easement granted to the United States of America and described
as "Tract E" in Book 88D, Page 04, Lorimar County Records;
thence North 3D'37'29" East along said centerline, 250.50 feet to
the Northwest comer of a tract described in Reception Number
88049434, Larimer County Records, thence North 86'23'04" East
10.00 feet; thence South 21'30'010 East 163.30 feet; thence
South 40'30'59' East, 74.93 feet to the True Point of Beginning,
County of Lorimer,
State of Colorado.
EXHIBIT A
AND
Schedule E (From Title Commitment No.F0101436A03):
A portion of the Southwest Quarter of Section 15, township 6
North, Range 70 West of the 5th P.M. being more particularly
described as follows: Commencing at the South Quarter corner of
said Section 15, said point being the Point of Beginning; Thence
Westerly along the South line of sold Southwest quarter to the
Southwest Quarter of said Section 15; thence Northerly along the
West line of the Southwest Quarter of the Southwest Quarter of
said Section 15 to the existing County Road; thence Easterly with
said road to a point on the West line of the Southeast Quarter of
the Southwest quarter of said Section 15; thence departing from
said County Road Northerly along said West line to the Northwest
corner of said Southeast Quarter of the Southwest Quarter; thence
along the North line of said Southeast Quarter of the Southwest
Quarter North 88 degrees 23 minutes o4 seconds East, 985.85
feet, more or less, to ❑ point on the centerline of an easement
granted to the United States of America and described as 'Tract
E' In Book 880, Page 84, Lorimer County Records; thence North
30 degrees 37 minutes 29 seconds East along said centerline,
250.50 feet to the Northwest comer of a tract described in
Reception Number 88049434, Lorimer County Records; thence
North 88 degrees 23 minutes 04 seconds East, 10.00 feet; thence
South 21 degrees 30 minutes 01 seconds East, 163.30 feet;
thence South 40 degrees 30 minutes 59 seconds East, 74.93
feet, more or less, to a point on the North lies of the Southeast
Quarter of the Southwest Quarter of said Section 15 from whence
the Northeast comer of said Southeast Quarter of the Southwest
Quarter bears North 88 degrees 23 minutes 04 seconds East,
93.10 feet; thence South 01 degrees 59 minutes 43 seconds East.
188.87 feet; thence South 35 degrees 12 minutes 21 seconds
East 170.81 feet, more or less, to a point on the East line of
said Southeast Quarter of the Southwest Quarter from whence said
Northeast corner bears North 00 degrees 12 minutes 07 seconds
East, 330.96 feet: thence along said East line South OD degrees
12 minutes 07 seconds West, 999.48 feet, more or less, to the
Paint of Beginning. Less and except that portion described as
'Tract D" In Book 881, Page 286 more particularly described as
fo llows:
A parcel of -land located in said SE 1/4, SW 1/4 of Section 15,
and being more particularly described as beginning at a point at
the center of a county road whence the South quarter —corner of
said Section 15 bears South 10 degrees 03 minutes East, a
distance of 359.5 feet; thence with said county road North 82
degrees 40 minutes West, 177.0 feet to point 2; thence South 78
degrees 54 minutes West, 445.7 feet to point 3; thence leaving
said county rood North 07 degrees 0D minutes East, 185.0 feet
to paint 4; thence South 87 degrees 02 minutes East, 414.3 feet
to point 5; thence South 60 degrees 00 minutes East, 214 feet
to paint 1, the point of beginning, and containing 1.535 acres,
more or less,
County of Larimer,
State of Colorado.
SECTION 16 — TOWNSHIP 6 NORTH — RANGE 70 WEST
All of Section 16, Township 6 North, Range 70 West of the 6th P.M.,
County of Lorimer.
State of Colorado.
SECTION 17 — TOWNSHIP 6 NORTH — RANGE 70 WEST
The East Half of the of the East Half, the Southwest Quarter of the
Northeast Quarter, the Southwest Quarter of the Southeast Quarter,
the West Half of the West Half and the East Holf of the Southwest
Quarter of Section 17, Township 6 North, Range 70 West of the 6th
P.M.,
County of Lorimer,
State of Colorado.
EXHIBIT A
SECTION 18 -- TOWNSHIP 6 NORTH — RANGE 70 WEST
The East Half of the Northeast Quarter of Section 18, Township 6
North, Range 70 West of the 6th P.M.,
County of Lorimer.
State of Colorado.
SECTION 20 — TOWNSHIP 6 NORTH — RANGE 70 WEST
The South Half of the Northeast Quarter and the North Half of the
Southeast Quarter of Section 20. Township 6 North, Range 70 West of
the 6th P.M.,
County of Lorimer.
State of Colorado.
The Northeast Quarter of the Northwest Quarter of Section 20.
Township 6 North, Range 70 West of the 6th P.M..
County of Lorimer,
State of Colorado.
SECTION 21 — TOWNSHIP 6 NORTH — RANGE 70 WEST
The East Half, the Southeast Quarter of the Northwest Quarter, the
Northeast Quarter of the Southwest Quarter and the West Half of the
West Half of Section 21. Township 6 North, Range 70 West of the 6th
P.M., less and except the Southeast Quarter of the Southeast Quarter
of Section 21, Township 6 North, Range 70 West of the 6th P.M.,
County of Lorimer.
State of Colorado.
AND
The Southeast Quarter of the Southeast Quarter of Section 21,
Township 6 North, Range 70 West of the 6th P.M.,
County of Lorimer,
State of Colorado.
SECTION 22 — TOWNSHIP 6 NORTH — RANGE 70 WEST
The Northwest Quarter of of Section 22. Township 6 North, Range 7D
West of the 6th P.M., less and except the that portion conveyed in
Book 881 at Page 286,
County of Lorimer,
State of Colorado.
The South Half of Section 22, Township 6 North, Range 70 West of
the 6th P.M., except that port thereof lying East of the Suckhorn
Road, and less and except that portion contained in Book 868 at
Page 465,
County of Lorimer,
State of Colorado.
SECTION 27 — TOWNSHIP 6 NORTH — RANGE 70 WEST
The Northwest Quarter of the Northeast Quarter; the Northeast Quarter
of the Northwest Quarter; the East Half of the Northwest Quarter of
the Northwest Quarter, the North 24 1/2 rods of the Southwest
Quarter of the Northeast Quarter and the North 24 1/2 rods of the
Southeast Quarter of the Northwest Quarter of Section 27, Township 6
North, Range 70 West of the 6th P.M., less and except those portions
contained in Book 868 at Page 467 and in Book 1019 at Page 139.
County of Lorimer,
State of Colorado.