HomeMy WebLinkAbout2022-028-02/15/2022-Authorizing the mayor to execute an intergovernmental agreement with Larimer county to partner on thr
RESOLUTION 2022-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY TO PARTNER ON THE PURCHASE OF
A CONSERVATION EASEMENT ON A 428 ACRE RANCH WITHIN THE LARAMIE
FOOTHILLS -MOUNTAINS TO PLAINS PROJECT AREA
WHEREAS,to meet shared land conservation goals,the City and Larimer County
(“County”)have been working together since 2003 to conserve land in the Laramie Foothills
Mountains to Plains Conservation Area,including the Red Mountain Open Space (“Red
Mountain”)directly west of the City’s Soapstone Prairie Natural Area;and
WHEREAS,in 2020 Larimer County (the “County”)was awarded $812,475 in Great
Outdoors Colorado (GOCO)grant funds to acquire,in partnership with the City,fee title and
conservation easements to parcels of real property known as Hawk Canyon Ranch,West Red
Mountain Ranch,South Red Mountain Ranch,and Green Valley Ranch (the “2020 Expansion
Properties”);and
WHEREAS,on September 15,2020,the City Council adopted Resolution 2020-084
authorizing an intergovernmental agreement between the City and County regarding the joint
purchase of the 2020 Expansion Properties along with an additional property not funded by GOCO
called Boxelder (the “2020 IGA”),and the parties thereafter executed the 2020 IGA;and
WHEREAS,under the terms of the 2020 IGA the County planned to acquire ownership of
the Hawk Canyon and Boxelder properties and the City would hold conservation easements on
both properties,and the County would also acquire conservation easements on the West Red
Mountain,South Red Mountain and Green Valley properties;and
WHEREAS,the City agreed to contribute to the costs of acquiring all five properties and,
in addition to the two conservation easements,the City would receive a right of first refusal if the
County ever chose to convey away any of its interests in the five properties;and
WHEREAS,Larimer County has acquired the fee interest in Hawk Canyon Ranch and
conveyed a conservation easement on the property to the City of Fort Collins,and the Parties
shared the acquisition costs and transaction costs associated with the fee acquisition and
conveyance of the conservation easement to Fort Collins as described in the 2020 IGA;and
WHEREAS,Larimer County has acquired a conservation easement on the West Red
Mountain Ranch property and the Parties shared the acquisition costs and transaction costs
associated with the County’s acquisition of the conservation easement as described in the 2020
IGA;and
WHEREAS,Larimer County was not able to acquire the Boxelder Property,or to obtain
conservation easements,as planned,on the South Red Mountain Ranch and Green Valley Ranch
properties;and
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WHEREAS,Larimer County applied for a GOCO Open Space Land Acquisition
Substitution Request,to use GOCO finds remaining from the 2020 IGA to fund the County’s
acquisition of a conservation easement on property known as the QCLH Ranch,comprised of
approximately 428 acres;and
WHEREAS,GOCO has approved funding in the amount of $144,475.00 to be applied to
the County’s acquisition of a conservation easement on the QCLH Ranch,estimated to cost
$1,200,000,plus due diligence and closing costs;and
WHEREAS,the City wishes to collaborate with the County on the costs and
responsibilities of conserving the QCLH Ranch by contributing $526,762.50 to the acquisition
costs of the conservation easement;and
WHEREAS,the City’s portion of the funds has already been appropriated and is available
for expenditure in the Natural Areas Fund;and
WHEREAS,the City and County have negotiated a proposed intergovernmental agreement
regarding the proposed acquisition,a draft of which is attached hereto as Exhibit “A”and
incorporated herein by reference (the “2022 IGA”);and
WHEREAS,under the terms of the 2022 IGA the City would have a right of first refusal
to purchase the conservation easement on the QCLH Ranch should the County ever wish to sell or
transfer it,as well as the right to a proportional share of the proceeds if the conservation easement
or any portion of it is ever sold or condemned;and
WHEREAS,at its regular meeting on February 9,2022,the Land Conservation and
Stewardship Board voted to recommend that the City Council approve the IGA;and
WHEREAS,Larimer County Open Lands staff intend to present the proposed arrangement
to the Board of County Commissioners on February 15,2022;and
WHEREAS,the proposed collaboration with the County,as documented in the IGA,meets
the criteria of the Natural Areas Department’s Land Acquisition Partnership Guidelines;and
WHEREAS,the 2022 IGA states that upon its execution the 2020 IGA will terminate with
respect to the City and County’s obligations regarding the three property interests the County could
not acquire,but that ongoing obligations regarding the properties that were acquired will continue;
and
WHEREAS,Article II,Section 16 of the City Charter empowers the City Council,by
ordinance or resolution,to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services,or enter into cooperative or joint activities with other
governmental bodies;and
WHEREAS,Section 29-1-203 of the Colorado Revised Statutes provides that governments
may cooperate or contract with one another to provide certain services or facilities when such
cooperation or contracts are authorized by each party thereto with the approval of its legislative
body or other authority having the power to so approve;and
WHEREAS,the City Council has determined that entering into the IGA with the County
to acquire the QCLH Ranch conservation easement is in the best interests of the City.
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 contained in the recitals set forth above.
Section 2.That the City Council hereby authorizes the Mayor to execute the IGA,
pursuant to which the City will pay the County a portion of its costs for acquiring a conservation
easement on the QCLH Ranch,and in exchange the County will grant the City a right of first
refusal over the conservation easement,in substantially the form attached hereto as Exhibit “A,”
together with such modifications and additions as the City Manager,in consultation with the City
Attorney,determines are necessary or appropriate to protect the interests of the City or further the
purposes of this Resolution,as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of February,A.D.2022.
ATTESTS
/
City lerk
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EXHIBIT A
Draft 2/8/2022
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE LARAMIE FOOTHILLS QCLH PROJECT
This Intergovernmental Agreement (Agreement)is made this _day of ~,2022,
by and between the CITY OF FORT COLLINS,COLORADO (the “City)and LARIMER COUNTY,COLORADO
(the “County).
WHEREAS,part 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,the 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
WHEREAS,the City has imposed a dedicated 0.25%sales and use tax known as “Open Space
Yes!”,portions of the revenues from which are intended and available for the purchase and
maintenance of open space,natural areas,and trails;and
WHEREAS,the parties recognize through the Larimer County Open Lands Master Plan and Fort
Collins Natural Areas Master Plan that certain lands in the Laramie Foothills —Mountains to Plains
Conservation Area (“Conservation Area”)are important to be conserved through various means such as
fee acquisition,conservation easements,and regulatory measures;and
WHEREAS,the parties have historically worked cooperatively to conserve lands within the
Conservation Area,provide limited public recreation,and protect and promote the quality of life,
wildlife,the natural environment and the character of the region;and
WHEREAS,the Larimer County Natural Resources Department and the City of Fort Collins
Natural Areas Department share common goals in conserving land in the Conservation Area,and by this
IGA intend to form a partnership to carry out a land conservation project to protect approximately 428
acres with a conservation easement,as described in Exhibit A;and
WHEREAS,Larimer County was awarded in 2020,$812,475 in Great Outdoors Colorado (GOCO)
grant funds to acquire,in partnership with the City,fee title and conservation easements to parcels of
real property located in the County of Larimer,State of Colorado known as Hawk Canyon Ranch,West
Red Mountain Ranch,South Red Mountain Ranch,and Green Valley Ranch parcels (“Laramie Foothills
2020 Expansion Properties”);and
WHEREAS,Larimer County and the City of Fort Collins entered into the Intergovernmental
Agreement Concerning the Laramie Foothills 2020 Expansion Project (the “2020 IGA”),recorded at
Reception Number 20210011409 of the Larimer County records,which describes the sharing of costs
and responsibilities for the acquisition,ownership,improvement and management of the Laramie
Foothills 2020 Expansion Properties,as well as an additional parcel not funded by GOCO (the “Boxelder
Property”);and
r r EXHIBIT A
Draft 2/8/2022
4.The County will prepare the deed of conservation easement instrument (‘Deed).
The County shall submit the Deed,upon completion of the transaction,to the Larimer County Clerk
and Recorder for recording in the real property records of the County and shall provide a copy of the
recorded Deed to the City upon completion of recording.
5.After acquiring the Conservation Easement,the County will prepare a summary
report similar to Exhibit B,showing the exact costs paid by each party.It is not necessarily the
parties’intent that the costs paid by each party will be equivalent to the value of the property
interest held by such party.
6.Until such time as the closing and conveyance of the Conservation Easement,
Larimer County shall remain the primary negotiator with the landowner.Additionally,the County
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 communicate with each other on any new developments in the negotiations and new
material information related to the subject property and the Conservation Easement acquisition.
7.Upon the execution of this Agreement,the 2020 IGA shall terminate with respect
to the purchase of the conservation easements on the South Red Mountain Ranch and Green Valley
Ranch properties and the purchase of the fee interest in the Boxelder Property.The parties’
ongoing obligations under the 2020 IGA regarding the Hawk Canyon Ranch Property and West Red
Mountain Ranch Property shall continue.
B.ManagementoftheQCLH Ranch Property
1.The private property will remain under the management of the landowner.Larimer
County will steward and monitor the Conservation Easement.
C.Subsequent Sale and/or Transfer of the Conservation Easement Interest
1.If the County desires to sell all or any portion of the Conservation Easement the County
shall provide written notice to the City of its intention to sell its interest (“Notice of Intent to Sell”).
The City shall have a right of first refusal (“ROFR”)to purchase such interest (“Interest”)for its fair
market value.The City shall have 30 days from the date of the Notice of Intent to Sell to notify the
County if it is interested in purchasing the Interest.The parties shall then jointly select an appraiser
to determine the fair market value of the Interest.The cost of such appraisal shall be split equally
between the parties.The City shall notify the County within 30 days following the completion of the
appraisal whether it intends to purchase the Interest.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 ROFR shall expire if the City does not,within 30 days of the completion of the appraisal,notify
the County that it intends to purchase the Interest.If the City timely notifies the County of its intent
to purchase,within 30 days of the completion of the appraisal,the ROFR shall nonetheless expire
two years after the date of the Notice of Intent to Purchase if the parties have not closed on the
conveyance of the Interest by that time.
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EXHIBIT A
Draft 2/8/2022
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.
6.If either party should fail or refuse to perform according to the terms of this Agreement,
such party may be declared in default thereof.If a party has been declared in default such defaulting
party shall be allowed a period often (10)days within which to cure said default.In the event the
default remains uncorrected,the party declaring default may elect to (a)terminate the Agreement and
seek damages;(b)treat the Agreement as continuing and require specific performance;or (c)avail itself
of any other remedy at law or equity.If the non-defaulting party commences legal or equitable actions
against the defaulting party,the defaulting party shall be liable to the non-defaulting party for the non-
defaulting party’s reasonable attorney fees and costs incurred because of the default.
7.Nothing in this Agreement shall imply any partnership,joint venture,or other
association between the City and the County.Each party shall have sole responsibility for the content
and the conduct of its activities.Neither party shall use the other’s name or logo to suggest co
sponsorship or endorsement of any activity without the other’s prior written approval.
IN WITNESS WHEREOF,the parties hereto have executed this Intergovernmental Agreement
concerning the QCLH Project,on the day and year first above written.
THE CITY OF FORT COLLINS,COLORADO,
A Municipal Corporation
ArrEST:APPROVED AS TO FORM:
City Clerk Senior Assistant City Attorney
(print name)(print name)
C EXHIBIT A
Draft 2/8/2022
EXHIBIT A
(Page 1 of 2)
Legal Description of the Conservation Easement
A TRACT OF LAND SITUATE IN THE WEST 1/2 SECTION 30,AND IN THE WEST 1/2
OF SECTION 31,ALL IN TOWNSHIP 10 NORTH,RANGE 70 WEST OF SIXTH P.M.,
COUNTY OF LARIMER,STATE OF COLORADO,WHICH CONSIDERING THE EAST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31 AS BEARING S00 0538W AND
WITH ALL BEARING CONTAINED HEREIN RELATIVE THERETO,IS CONTAINED
WITHIN THE BOUNDARY LINES WHICH BEGIN AT POINT ON THE WEST LINE OF
THE NORTHWEST 1/4 SAID SECTION 30,WHICH BEARS S00°32’42”E 1320.29 FEET
FROM THE NORTHWEST CORNER OF SAID SECTION 30,AND RUN THENCE
N88°04’39”E 2709.41 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 14
OF SAID SECTION 30;THENCE ALONG SAID EAST LINE,S00°24’25”E 1328.65 FEET
TO THE CENTER 1/4 CORNER OF SAID SECTION 30;THENCE ALONG THE EAST
LINE OF THE SOUTHWEST 1 4 OF SAID SECTION 30,S00°24’25”E 2639.77 FEET TO
THE SOUTH 1/4 CORNER OF SAID SECTION 30;THENCE ALONG THE NORTH LINE
OF THE NORTHEAST 1 4 OF THE NORTHWEST 1/4 OF SAID SECTION 31,S88°04’30”W
1349.93 FEET TO THE WEST 116 CORNER ON THE NORTH LINE OF SAID SECTION
31;THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST
OF SAID SECTION 31,S00 2I’45”W 1325.86 FEET TO THE NORTHWEST 1/16 CORNER
OF SAID SECTION 31;THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 31,N88°21’46”E 1356.06 FEET TO THE
CENTER-NORTH 1/16 CORNER OF SAID SECTION 31;THENCE ALONG THE EAST
LINE OF THE NORTHWEST 1/4 OF SAID SECTION 31,S00°05 I 8”W 1332.43 FEET TO
THE CENTER ¼CORNER OF SAID SECTION 31;THENCE ALONG THE EAST LINE OF
THE SOUTHWEST 1/4 OF SAID SECTION 31,S00°05’38”W 60.32 FEET TO THE
EXISTING CENTERLINE OF COUNTY ROAD 74E;THENCE ALONG SAID
CENTERLINE,N86 45’21”W 414.88 FEET,AND AGAIN S88 19’I6”W 452.92 FEET,AND
AGAIN N85°57’26”W 469.78 FEET,AND AGAIN N85°24’44”W 447.88 FEET,AND AGAIN
S88°40’25”W 450.01 FEET,AND AGAIN N 86°1 5’54”W 491.57 FEET TO A POINT ON THE
NORTHWEST 1/4 SAID SECTION 31;THENCE ALONG SAID WEST LINE,N00°3822”E
2533.89 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 30;THENCE ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 30,N00°32’42”W 2644.30 FEET
TO THE WEST 1/4 CORNER OF SAID SECTION 30;THENCE ALONG THE WEST LINE
OF THE NORTHWEST 1/4 OF SAID SECTION 30,N00°32’42”W 1324.01 FEET TO THE
POINT OF BEGINNING
AND
THAT PART OF THE NE 1/4 OF SECTION 36,TOWNSHIP 10 NORTH,RANGE 71 WEST
OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO,LYING NORTH OF
LARIMER COUNTY ROAD 74E AND EAST OF LARIMER COUNTY ROAD 37,
LESS AND EXCEPT A TRACT DESCRIBED IN BOOK 1591 AT PAGE 438,PUBLIC
RECORDS OF LARIMER COUNTY,COLORADO
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Draft 2/8/2022
EXHIBIT B
QCLSH Ranch —Conservation Easement Larimer County Fort Collins GOCO Total
Acquisition Costs
CE Acquisition $528,762.50 $526,762.50 $144,475.00 $1,200,000.00
Appraisal $23,720.00 --$23,720.00
Closing Costs $1,000.00 --$1,000.00
Environmental Assessment $3,200.00 --$3,200.00
Mineral Remoteness Opinion $2,000.00 --$2,000.00
Surveys $1,947.00 --$1,947.00
TOTALS $560,629.50 $526,762.50 $144,475.00 $1,231,867.00