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HomeMy WebLinkAbout020 - 02/19/2019 - AUTHORIZING THE SECOND AMENDMENT TO THE LONG VIEW FARM OPEN SPACE COVENANTS, CONDITIONS AND RESTRICT e ORDINANCE NO. 020, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING'THE SECOND AMENDMENT TO THE LONG VIEW FARM OPEN SPACE COVENANTS, CONDITIONS AND RESTRICTIONS WHEREAS, in 1997 the City of Fort Collins, Larimer County and the City of Loveland jointly purchased approximately 478.5 acres of land located west of College Avenue and south of County Road 32, now known as Long View Farm Open Space (the "Property"); and WHEREAS, the Board of the Great Outdoors Colorado Trust Fund ("GOCO") awarded Larimer County a grant to assist with the acquisition of the Property; and WHEREAS, as a condition of the grant GOCO required the owners of the Property to execute and record a deed restriction to protect the Property from uses contrary to the purposes of the grant; and WHEREAS, on October 2, 2001, the City Council approved Ordinance No. 146, 2001, authorizing a Declaration of Covenants,Conditions and Restrictions on the Property(the"CCR"), With enforcement rights held by Legacy Land Trust ("LLT"); and WHEREAS, all parties signed the CCR and it was recorded on November 15, 2001; and WHEREAS,in.2014, when LLT was in the process of transferring its property holdings to Colorado Open Lands (COL), COL discovered that the legal description attached to the CCR was not accurate, and not consistent with what the City Council approved; and WHEREAS, on October 7, 2014 the parties recorded an.Amendment to the CCR to correct the legal description (the"First Amendment");and WHEREAS,. COL has now determined that the legal description that was attached to Ordinance No. 146, 2001, and to the First Amendment, was also not accurate, as it incorrectly excepted out a portion of the Property; and WHEREAS, COL is working with GOCO on a Second Amendment to the CCR to correct the legal description; and WHEREAS, the proposed Second Amendment is attached hereto as Exhibit "A" and incorporated herein by this reference, and the corrected legal description of the Property intended to be encumbered by the CCR is attached as Exhibit A-3 to Exhibit A; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of 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 -1- WHEREAS, at its regular meeting on January 9, 2019, the Land Conservation and Stewardship Board voted to recommend the City Council adopt this Ordinance approving the Second Amendment to the CCR. NOW,THEREFORE, BE IT O_ RDAINED 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 executing the Second Amendment to the CCR to correct the legal description of the Property is in the best interests of the City; Section 3. That the Mayor is hereby authorized to execute the Second Amendment to the CCR in substantially the form attached hereto as Exhibit A,together with such additional 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 or to effectuate the purposes of this Ordinance, including,but not limited to, any additional necessary changes to the description of the property interests to be conveyed, as long as such changes do not materially increase the size or change the character of such property interests. Introduced, considered favorably on first reading, and ordered published this 5th day of February,A.D. 2019;and to be presented for final passage on the 19th day of February,A.D. 2019. Qorjp ATTEST: a0, aR r co�G :' �; if city ci SEAL 'o Q�ORa -2- Passed and adopted on final reading on this 19th day of February, A.D. 2019. r ATTEST: �F FORr�o` �i. SEA e� City C cOLORP�� -3- EXHIBIT A SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE UTE FARMIONE PUTT PROPERTY=PORTIONS OF LONGVIEW FARM THIS SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE UTE FARM/ONE PUTT PROPERTY ("Second Amendment") is entered into this day of _ , 2018, by and between the COUNTY OF LARIMER, COLORADO, THE CITY OF FORT COLLINS, COLORADO AND THE CITY OF LOVELAND COLORADO (collectively, the "Declarant") and COLORADO OPEN LANDS, a Colorado nonprofit corporation ("COL" or "Lan_ d Trust"), the address of which is 1546 Cole Blvd. #200 Lakewood, CO 80401, as successor by merger to Legacy Land Trust, a Colorado nonprofit corporation. The following exhibits are attached hereto and hereby incorporated within: Exhibit A-3- Corrected Description of the Amended Property Exhibit D - Description of CDOT Property Exhibit H - GOCO Consent to Second Amendment RECITALS A. The Declarant is the owner of certain property encumbered by the Declaration of Covenants, Conditions and Restrictions (the "Original Property") which was recorded November 15, 2001 as Reception No. 2001103042 (the "Original Declaration"). The Original Declaration contained terms and provisions intended to preserve the natural, scenic, agricultural, open space, wildlife habitat and passive outdoor recreational values of the land subject to the Original Declaration. Rights of enforcement under the Original Declaration were granted to Legacy Land Trust, a Colorado nonprofit corporation ("LLT"), B: The Declarant and LLT entered into the Amendment to Declaration of Covenants, Conditions and Restrictions for the Ute Farm/One Putt Property recorded October 7, 2014 as Reception No. 20140057499 (the "First Amendment"). The First Amendment servedserved to correct an error in the description of the Original Property and to release.071 acres of the Original Property to allow for the completion of a road improvement project by the Colorado Department of Transportation (the "Amended Property"). The Original Declaration as amended by the First Amendment is hereafter referred to as the "Declaration". C. Colorado Open Lands, a Colorado nonprofit corporation ("COL"), is the successor by merger to LLT and is the holder of the rights of enforcement described in the Declaration. D. COL and the Declarant have determined that there are additional errors in the description of the Amended Property. COL and Declarant desire to further amend the Declaration to correct these errors. Page 1 of 9 NOW, THEREFORE, in accordance with the foregoing, the covenants and considerations contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, the undersigned hereby amend the Declaration as follows: I. Exheb_it A-2 to the Declaration is hereby deleted in its entirety and replaced with Exhibit A=3. The property described on Exhibit A-3 (less the CDOT Property described in Exhibit D) is the property that was intended to be, and which is encumbered by the Declaration. 2. All defined terms used herein shall have the same meaning as set forth in the Declaration unless expressly provided to the contrary herein. 3. Declarant and COL hereby ratify and confirm this modification to the terms and provisions of the Declaration. 4. Except as modified by this Second Amendment, the terms and provisions of the Declaration shall remain in full force and effect. S. The State Board of the Great Outdoors Colorado Trust (the "Board") contributed to the acquisition of the Original Property by Declarant. In accordance with the requirements of the Declaration, the Board has given its written approval to this Amendment, as evidenced by the Consent attached hereto as Exhibit.H. (SIGNATURE PAGES FOLLOW) IN WITNESS WHEREOF, this Second Amendment to the Declaration is executed as of the day and year first above written. Page 2 of 9 DECLARANT: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER, COLORADO Date: By: Chairperson ATTEST: Deputy Clerk of the Board STATE OF COLORADO ) )ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this day of 201_by , Chairperson, Board of Commissioners of Larimer County,.Colorado, as Managing Entity. Witness my hand and official seal. My commission expires: Notary Public Page 3 of 9 DECLARANT: CITY OF LOVELAND, COLORADO Date: By: Mayor APPROVED AS TO FORM: City Attorney STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this_day of ,201_by Mayor, City of Loveland,Colorado. Witness my hand and official seal. My commission expires: Notary Public Page 4 of 9 DECLARANT: CITY OF FORT COLLINS,COLORADO Date: By: Mayor APPROVED AS TO FORM: City Attorney STATE OF COL_ORADO ) ) ss. COUNTY OF LARIMER) The foregoing'instrument was acknowledged.before me this_day of 201_by Mayor, City of Fort Collins, Colorado. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 9 4 COLORADO OPEN LANDS, a Colorado non-prbft corporation By: Name: Anthony P. Caligiuri Title:President STATE OF COLORADO ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before:me this day of , 201_, by Anthony P. Caligiuri as President of Colorado Open Lands, a Colorado non-profit corporation. WITNESS my hand and official seal. My commission expires: Notary Public Exhibits attached: Exhibit A-3 - Corrected Description of Amended Property Exhibit D =Description of CDOT Property Exhibit H -GOCO Consent to Second Amendment Page 6 of 9 EXHIBIT A-3 CORRECTED DESCRIPTION OF AMENDED PROPERTY A tract of land located in Section 23, Township 6 North, Range 69 West of the 6"' P.M., Larimer County, Colorado being more particularly described as follows: Considering the East line of the Southeast quarter of said Section 23 as bearing South 00'16'24" West from a 3" brass cap at the East Quarter corner of said Section 23 to a.3" brass cap at the Southeast corner of said Section 23 and with all bearings contained herein relative thereto Commencing at the Southeast corner of said Section 23; thence along the South line of said Southeast quarter, South 89'18'09" West 50.01 feet to the West right-of=way line of U.S. Highway 287;thence along said West right-of-way line,North 00016'24" East, 30.00 feet to the Northerly right-of-way line of 71st Street, said point being the Point of Beginning; thence along said Northerly right-of-way line, South 89'18'09" West-, 100.50 feet to a curve concave to the South having a central angle of25°37'34", a radius of 305.00 feet and the chord of which bears South 7662923" West, 135.28 feet; thence continuing along said Northerly right-of-way line and the arc of said curve 136.41 feet to a point on the South line of said Southeast Quarter of Section 23; thence along the South_ fine, South 890 18'09" West, 2362.39 feet to the South Quarter corner of said Section 23; thence along the South line of the Southwest Quarter of Section 23,North 80'10'35" West, 1306:95 feet to the West 1/16 corner between Section 23 and Section 26; thence North 00°11'51" East, 2650:27 feet to the Center West 1/16 corner of Section 23; thence,North 00'11 '54" East, 2636.51 feet to the West 1/16 corner between said Section 23 and Section 14; the along the North line of the Northwest Quarter of said.Sectio.n 23,North 89°2I 'S6" East 1319.70 feet to the North Quarter corner of said Section 23; thence along the North line of the Northeast Quarter of said Section 23,North 89°29'53" East, 2588.28 feet to a point on the West right-of-way line of said U.S. Highway 287; thence along said West line, South 00°16'06" West 2654.25 feet; thence continuing along said West line, South 00016'24" West 2623,63 feet to the Point of Beginning, County of Larimer, State of Colorado. LESS AND EXCEPT the Colorado Department of Transportation (CDOT) Property described in the attached Exhibit D. Page 7 of 9 EXHIBIT D Description of CDOT Property Project No..FSA 392A-016 PARCEL NUMBER:RW-1 Project Code: 18800 Date:.July 17, 2013 A tract or parcel of land No. RW-I of the Department of Transportation, State of Colorado, Project No. FSA 392A-016 containing 0.071 acres,more or less, located in the Northeast Quarter of Section 23, Township 6 North, Range 69 West, of the 6th Principal Meridian,in the County of Larimer, State of Colorado,.said tract or parcel being more particularly described as follows: Commencing at a point;whence the Northeast Corner of.said Section 23 (3" Brass COOT Cap in a monument box),bears N 89007'00" E,a distance of 50.01 feet,said point being on the North line of said Section 23,and on the existing westerly right-of-way line of U.S. Highway 287,also being the POINT OF BEGINNING; 1. Thence along said existing right-of-way line, S 0°10'01" E a distance of 112,.25 feet, 2. Thence S 89°49'59" W a distance of 41.66 feet; 3. Thence N 00°10'01" W a distance of 3 7.5 8 feet; 4. Thence N 469 V40" E a distance of 34.57 feet; 5. Thence N 00'10'01" W a distance of 5l.27 feet,to a point on the North lane of said Section 23; 6. Thence along said section line, S 89°0T00" E a istance of 16.50 feet,to the POINT OF BEGINNING. The above described tract or parcel of land contains 3,098 square feet(0.071 acres),more or less. Basis of Bearings: Bearings are based on the west line of the Northwest Quarter of Section 24,Township 6 North, Range 69 West,of the 6th Principal Meridian,between the West Quarter Corner of Section 24,a found 3" Brass CDOT Cap in a monument box, bearing NO°10'0l" W,to the Northwest Corner of Section 24,a 3" Brass CDOT Cap in a monument box. Prepared for and on.behalf of the Colorado Department of Transportation Terry R. Maw,PLS#31161 Farnsworth Group, Inc. 4655 Forge Road, Suite 150 Colorado Springs, CO 80907 Page 8 of 9 1 1 , EXHIBIT H GOCO Consent to Second Ainendiiient �a h) r Page 9 of 9 Account#: FTC-003160 ~e FORT-COLLINS CO � Invoice Text L )Mr-�DOA- NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 1 STAI'E OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I, being duly sworn. deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state: that the notice or advertisement. of which the annexed is a true copy, has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof, that the publication of said notice was contained in the issue of said newspaper on 02/24/19 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. G Legal Clerk Subscribed and sworn to before me,within the County of Brown. State of Wisconsin this 25th of February 2019. Notary Public \\\\\\VI It I tt t tt Nolan•Expires °JNG�Y F E4 y =i4 - Legal No.0003402354 in Ad#:0003402354 A 9T•., AftidavitPrepared P O:SR 2/19 �ii �C '' ••••• Monday Fcbivarv'5•'-019 9.32 ant #of Affidavits:1 i���i,,//0 Ft tW`SG NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, February 19, 2019, passed and adopted the following ordinances on second reading: RDINANCE OF THOE COUNCIL OFF THE C11TY OF FORT AMENDING SECT OLN 2 606 OF THE CODE OF THE CITY OF FORT AND SETTING TOHE COMPENSATION OF THE CHIEF JUDGE ORDINANCE NO.014,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2581 OF THE CODE OF THE CITY OF FORT AND SETTING TOHE COMPENSATION OF THE CITY ATTORNEY 015,2019 OF THE ORDINANCE OFO THE CITY OF FORT COLLINS AMENDING SECTION 2 596 OF THE CODE OF THE CITY OF FORT AND SETTING TOHE COMPENSATION OF THE CITY MANAGER ORDINANCE NO.016,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE ENVI- RONMENTAL SERVICES RADON PROGRAM AND AUTHORIZING THE __ TRANSFER OF MATCHING FUNDS PREVIOUSLY APPROPRIAT- ED IN THE ENVIRONMENTAL SERVICES DEPARTMENT OPERAT- ING BUDGET ORDINANCE NO.017,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2019 AMENDED CLASSIFIED EMPLOYEES PAY TO UPDAPLAN TE CLASSIFIED POSITIONS AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF PO- LICE ORDINANCE NO.018,2019 OF THE COUNCIL OF THE CITY OF FORT APPROPRIATING PR ORSYEAR RE- SERVES IN THE GENERAL FUND FOR THE COST OF POLICE SERV- ICES SALARY AND BENEFIT INCREASES AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE FRATER. NAL ORDER OF POLICE 019 OF THOE RDINANCE COUNCIL OFOTHE CI1TY OF FORT COLLINS MAKING VARIOUS AMENDMENTS THE CITY OF FORT COLOLINS LAND USE CODE ORDINANCE NO.020,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SECOND AMENDMENT TO THE LONG VIEW FARM OPEN SPACE COVENANTS,CONDI. TIONS AND RESTRICTIONS ORDINANCE NO.021 OF THE COUNCIL OFF THE C11TY OF FORT COLLINS AUTHORIZING THE LEASING OF CERTAIN PROPERTY AND THECITY EXECUTION AND DELIVERY BY THE CITY OF A SITE LEASE,A LEASE AGREEMENT,AND OTHER DOCUMENTS AND MATTERS IN WITH THE FINANCING OFICOERTAIN PROJ- ECTS FOR THE CITY The full text of these ordinances can be found at httP://fcgov.cam/Publicnotices or by calling the City Clerk's Office at 970-221-6515. 3402354 Coloradoon Feb 24,2019 Account N: FTC-003160 FORT•COLLINS r � I( / Invoice Text NOTICE IS HERFBY GIVEN that the Fort Collins City Council,on l S'I'AI'E 01:COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 NOTICE IS HEREBY GIVEN that the Fort Collins City council, on Tuesday, I. being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan;_ that February 5 2019, passed and adopted the follawing ordinances on first the same is a daily newspaper of general circulation and printed and published in the City of Fort reading. These ordinances will be Pre- sented for final Passage on February 19, Collins, in said county and state: that the notice or advertisement, of which the annexed is a true 2019: copy, has been published in said daily newspaper and that the notice was published in the regular ORDINANCE NO.016,2019 and entire issue of eve number of said newspaper durin the period and time of publication of said OF THE COUNCIL OF THE CITY OF n' g P' FORT COLLINS NANT notice, and in the newspaper rO proper and not in a supplement thereof, that the publication of said APPROPRIATING UNANTICIPATED P P' PP GRANT REVENUE THE T GENERAL FUND FOR THE ENVI- notice was contained in the issue of said newspaper on RONMENTAL SERVICES RADON PROGRAM AND AUTHORIZING THE TRANSFER OF MARCHING 02/10/19 FUNDS PREVIOUSLY APPROPRIAT- ED IN THE ENVIRONMENTAL SERVICES DEPARTMENT OPERAT- ING BUDGET that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the ORDINANCE NO.017,2019 period of at least six months next prior to the first publication of said notice or advertisement above OF THE COUNCIL OF THE CITY OF FORT COLLINS referred to; that said newspaper has been admitted to the United States mails as second-class matter ADOPTING THE 2019 AMENDED CLASSIFIED EMPLOYEES PAY under the provisions of the Act of March 3, 1879, or any amendments thereof-, and that said PLAN newspaper is a dail newspaper dui qualified (or publishing legal notices and advertisements within TO I:PDATE CLASSIFIED POSITIONSYy 4 P �'• g' AS PROVIDED IN-THE COLLECTIVE BARGWNING AGREEMENT WITH the meaning of the laws of the State of Colorado. THE FRATERNAL ORD`.:R OF PO- LICE ORDINANCE NO.018,2019 OF THE COUNC,'.OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES IN THE GENERAL FUND FOR THE COST OF POLICE SERV- ICES SALARY AND BENEFIT INCREASES AS PROVIDED IN THE COLLECTIVE BARGAINING I Subscribed and sworn to before file,within the County ol'Brown.Slate o iseonsln this AGREEMENT WITH THE FRATER- i NAL ORDER OF POLICE I Ith of February 2019. ORDINANCE NO.019,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS - -- MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO.020,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS Notary Public AUTHORIZING THE SECOND AMENDMENT TO THE LONG VIEW FARM OPEN SPACE COVENANTS,CONDI. TIONS AND RESTRICTIONS /7 _ ORDINANCE NO.021,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS Nolan•Expires AUTHORIZING THE LEASING OF CERTAIN CITY ���Itlllllllfl/�7j/ PROPERTY AND THE EXECUTION �� 0UA AND DELIVERY BY THE CITY OF A SITE LEASE,A �� P •y �i LEASE AGREEMENT,AND ��� •' G' ��� OTHER DOCUMENTS AND MATTERS Legal No.0003377915 IN CONNECTION WITH NpTQRy THE FINANCING OF CERTAIN PROJ. ECTS FOR THE CITY — ®' The full text of these ordinances can be Ln•'• "U C found at http://fcgov.com/pubiicnotices % •. B L, ;• _ Affidavit Prepared i Manday.February 11.2019 9:36 am or by calling the City Clerk's Office at 1Cf3 i�-9�•, co \`� 970-221-6515. �i � The Coloradoan , /�OlF tl�l I I ts1�O\`\\\\ Feb 10,2019