HomeMy WebLinkAbout011 - 02/07/2017 - AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED CONSERVATION EASEMENT WITH COLORADO OPEN LANDS (2) ORDINANCE NO. 011, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED
CONSERVATION EASEMENT WITH COLORADO OPEN LANDS ON THE
KINGFISHER AND NIX NATURAL AREAS, INCLUDING CONVEYANCE OF
A CONSERVATION EASEMENT ON ADDITIONAL LANDS
WHEREAS, in 1996 the City purchased approximately 30.8 acres of land east of Lemay,
Avenue and south of Mulberry Street now known as the Nix Farm Natural Area,'which is the
location of the Natural Areas Department (NAD) office and shop facilities; and
WHEREAS, on November 19, 2002, the City Council adopted Ordinance No. 158, 2002,
authorizing the conveyance to Legacy Land Trust ("Legacy") of a conservation easement on the
Nix Farm Natural Area in order to meet requirements for receiving grant funds from Great
Outdoors Colorado related to the Poudre-Big Thompson Rivers Legacy Project; and
WHEREAS, the City entered into a Deed of Conservation Easement with Legacy on
December 2, 2002 (the "Nix CE"); and
WHEREAS, Legacy has since merged into Colorado Open Lands; and
WHEREAS, the Nix CE includes a building envelope of 5.86 acres; and
WHEREAS, NAD has master-planned the Nix Farm campus to provide additional office,
shop and equipment storage space at Nix Farm for the next 30-plus years; and
WHEREAS, in order to have sufficient space to build additional facilities,NAD has been
negotiating with Colorado Open Lands to amend the Nix CE to add an additional 6.12 acres to
the Nix CE building envelope in exchange for expanding the Nix CE to cover an additional
46.13 acres of adjoining land on the Kingfisher Natural Area, and rename the Nix CE the
Kingfisher Natural Area Conservation Easement; and
WHEREAS, the additional property on which the City would convey a conservation
easement to Colorado Open Lands is shown on Exhibit "A", attached and incorporated herein by
reference (the "Expanded CE Area"); and
WHEREAS, the City would survey the Expanded CE Area and prepare a more precise
legal description before executing the amended conservation easement; and
WHEREAS, City staff is recommending that the City not charge Colorado Open Lands
for conveyance of a conservation easement on the Expanded CE Area, because the value of the
additional conservation easement would be offset by the benefit to the City of having an
expanded building area at Nix Farm, without which the City would have to develop additional
NAD facilities at other sites, incurring higher development costs, inefficiencies in NAD
operations, and reduced productivity; and
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WHEREAS, if the City and Colorado Open Lands both approve the proposed
amendments, Colorado Open Lands will submit the changes to GOCO for approval in early
2017; and
WHEREAS, the NAD's Conservation Easement Amendment Policy and Procedure
requires that proposed amendments to conservation easements to which the City is a party be
approved by the City Council by adoption of an ordinance after a public hearing; 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, at its regular meeting on October 12, 2016, the Land Conservation and
Stewardship Board voted unanimously to recommend that the City Council approve the
execution of an amended and restated Kingfisher Natural Area Deed of Conservation Easement.
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 conveyance of a conservation
easement on the Expanded CE Area to Colorado Open Lands as provided herein is in the'best
interests of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to amend and restate the Kingfisher Natural Area (formerly Nix) Conservation
Easement, including conveyance of a conservation easement on the Expanded CE Area to
Colorado Open Lands, on terms and conditions consistent with this Ordinance, 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, including, but not
limited to, any necessary changes to the legal description of the Expanded CE Area, as long as
such changes do not materially increase the size or change the character of the property interest
to be conveyed.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017.
FORT co Mayor ,
ATTEST: �.��-•'' ••.
SEAL
City Clerk 'red ORA�
Passed and adopted on final reading on the 7th day of February, A.D. 2017.
O� aRFCO
M or
ATTEST: .•'�oi�aR�*�o
City Clerk
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Account#: FTC-003160
FORT-COLLINS
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Invoice Text
C�.nj0L_LL_j0j_ _ 0 0-j)— N_ NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
STATE OF COLORADO )
ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
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 for
1 Day;
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 first publication of said notice was contained in the issue of said newspaper on
Sunday,January 22,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,January 22,2017
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.
Legal Clerk
Subscribed and sworn to before me,within the County of Latimer,State of Colorado this
r.
Monday,January 23,2017 LADONNAMARYUWAR
NOTARY PUBLIC•STATE OF COLORADO
My Commission expires September 3,2019 My Idemikeforl#20154035099
/ Explrea September 3,201
Notary Public
Legal No.0001869930
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,Januaiy 23,2017
9:29 aim
NOTICE z1S HEREBYsG1VEN that.,the' ORDINANCE N0.033,2017
1. OF THE COUNCIL OF:THE CITY OF
Fart,Collins City Council" on+:Tuesday, s`FORTCOLLINS
January 17 2017 `passed and adapted; AUTHORIZING THE CONVEYANCE
the "following ordinances';Yon' first OF'APORTIONOFCITY-OWNED
reading:,'These'ord[ilances•will be Pre PROPERTY
rented for final Passage on February 7, AT.CATHY FROMME PRAIRIE..:. .
2037c NATURAL AREA TO FRANK-AND
LORENDA VOLKER:'. :..
ORDINANCE:NO 006,2017',
OF THE COUNCIL OF �fORDINANCE NO.014,2017
THE:CITY OF.F.ORT COLLINS OF THE COU NC IL 0P.'
APPROPRIATING';UNANTICI PATE D THE CITY OF FOR COLLINS.
GRANT REVENUE:IN AUTHORIZING THE CONVEYANCE
THE;GEN£R'AL FUND'FOR THE OF A'PORTION;..CITY-OWNED
FORT'.COLLENS POLICE 4?! PROPERTY:AT.CATHY FROMME
SERVICESMICT:IM SERVICES UNIT PRAIRIE NATURAL AREA TO
DANE AND LYNN BRANDT
ORDINANCE'NO 07 0 ,'2017
IOF;THEiCOUNCIi'OF ORDINANCE NO 015,2017
THE,GIT I.OF FORMCOLLINS OF THE`COVNCIL OF
APPROPRIATING,VNANTiGIPATED ` THE CITY'OF:FORT COLLINS
GRANT'REVENUE'IN 7HE AUTHOR IZJNG:THE'CONVEYANCE.Z.
F
GENERALFUNWF,ORTHE'ENCORE f .: ;OF.APORTION;OF,,cITY-OWNED ELLOWSHIP'PROGRAM •,. - -
`PROPERTY AT'CATHY•FROMM %''
'PRAIRIE NATURAL AREA,.
ORDINANCE NO.008,2017 TO BARBARA'AND THOMAS.CYNKAR-.
OF THE COUNCIL OF.
THEiCITY OF FORT.COLLINS 'ORDINANCE NO.016,-2017
APPROPRIATING:UNANT ICI PATE D OF THE.COUNCIL OF
GRANT<REVENUE'IN THE GENERAL THE CITY.OF.FORT COLLINS
FUND;F.,ORaTHE.ENVIRONMENTAL AUTHORIZING THE CONVEYANCE.:i
8£RV[CES RADON+PROGRAM AND OF A:PORTION OF CITY-OWNED .:
AU,T,HO(21ZING`:THE TRANSEEWOF ' PROPERTY.AT CATHY.FROMME
MATCHLNG FUNDS PREVIOUSLY PRAIRIE NATURAL AREA TO
AEPI2'OPRIATEDrIN THE STEVEN HUVAL
ENVIRONMENT.AL.SERVICES _ 3
DEPARTMENT OPERATING BUDGET"- ORDINANCE NO.017,2017
ORDINANCE NO OF THE:000NCIL OF
009,,2017 THE CITY OF FORT'COLLINS
OF THE COUNCIL OF :AUTHORIZING THE CONVEYANCE
THE CITYiOF-FORT COLLINS OF A PORTION OF CITY-OWNED
APPROPRI iNG PRIOR YEAR RE-' PROPERTY AT CATHY FROMME'::
SERVES IN...1 E STORM DRAINAGE PRAIRIE NATURAL AREA:
FUND Td;kPAY 2017 FEES FOR THE TO ROBERT AND.YUKARI SAMUEL
CITY OF FORT GOLLINS!AREAS N0. OF17
WITH IMTHEyBMOXELDERIBASIN RE ORDIOFTHE C NANCE 037
NO 01 01 8,2
GIONAL STORWAT£2 AUTHORITY
ORDINANCE NO:031,2017 THE CITY OF FORT COLLINS
THE C00NCIL OF. AUTHORIZING THE CONVEYANCE
THE CITY OF FORT COLLINS OF A PORTION OF CITY-OWNED
T
AUTHORIZING THE EXECUTION OF PROPERTY.AT.CATHY FROMME
AN AMENDED AND RESTATED PRAIRIE ANTE NATURAL: AN TO
STEPHANIE YANG
'CONSERVATION EASEMENT WITH SCOTT LAVOLETTE
COLORADO:OPEN`LANDS;ON THE
KINGFISWER:AND NIX NATURAL ORDINANCE N0:019,2017
AREAS,>INCLUDING CONVEYANCE OF:THE`COUNCIL OF
OF A CON'SERVATIMEASEMENT-. THE CITY-OF FORT COLLINS
ON ADDITIONAL LAP7DS ADOPTING THE 2017 AMENDED,.,',;..,
CLASSIFIED EMPLOYEES'PAY. .
ORDINANCE NO.012,2017 PLAN TO UPDATE CLASSIFIED POSIT.
OF THE COUNCIL OF'THE CITY OF. TIONS AS PROVIDED IN THE
FORT COLLINS COLLECTIVE BARGAINING
AUTHORIZING THE CONVEYANCE AGREEMENT WITH THE `
'.OF*A PORTION OF CITY-OWNED....:.. FRATERNAL ORDER OF POLICE
PROPERTY AT>CATHY FROMME
PRAIRIE NATURAL AREA TO STE The Yuli text of„these ordinances can be
V.EN;JONES found,of httP Itfcgov com/publicnot[ces
_- __ _ foundaulling ihe:::City Clerks Off ice:ot,r
'970.221-6515
1869930.
Colorodoon
!', January 22,2017
i
Account#: FTC-003160
FORT-COLLINS
a IL
U_jffTM_ _ DO- N_ Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
STATE OF COLORADO )
)ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
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 for
1 Day;
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 first publication of said notice was contained in the issue of said newspaper on
Sunday,February 12,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,February 12,2017
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.
Legal Clerk
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
Monday,February 13,2017 LADONNA MARY LAMAR p;
NOTARY PUBLIC-STATE OF COLORADO
My Commission expires September 3,2019 My Identification#20154035V 9 I
Expires September 3,2019 lx
Notary Public
Legal No.0001918182
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 13,2017
9:23 am
NOTI - . ORDINANCE;ND 074 207
HEREY'GIVEN tattheCE,"IS THE COUNF THE,CIT Y OF
City Council, on Tuesdays:Forte-Collins"
February.;7,, 2017,;passed-and,adopted � FORTCOLLINs,
thcl'' following ordinances on;i second AUTHbiZIZINGTHE,CONVEYANCE.,
ea'ding., O>.A PORTION OF
r
CITY=OWNED PROPERTY
ORDINANCE NO 006"2017 AT CATHY FROMME PRAIRIE
'OF THE,COUNCILOF THE CITY OF' NATURAL AREA TO DANE AND
FORT COLLINS LYNN BRANDT
APPRORRIATING.UNANT..ICIPATEb ORDINANCE-NO 015 2017
GRANT REVENUE'iW' OF THE-COUNCIL.OF THE C]TY OF
TtJE GENERAL FUNDTOR THE FORT COLLINS.
FORT COLt INS POLICE AUTHQRIZING,THE:CONVEYANCE
SERVICI=$,VICTIM SERVICES UNIT OF,A.PORTION:OF.rCITY-OWNED..: "
ORDINANCE NO:007,,2017 'PROPERTY AT CATHY FROMME-
OF THE COUNCIL OF THE CITY OF', PRAIRIE NATURAL AREA
FORT COLLINS" TO BARBARA AND THOMAS C.YNKAR
APPROPRIATING UNAN7ECIPA7ED. ORDINANCE NO 016,2017'
GRAN .�tEVENUE IN THE
GENERAL<FUND FOR THE ENCORE OF THE COUNCIL'OF THE CITY OF
FELLOWSHIP PROGRM >FORT COLLINS..
AUTHOR I Z I NG.T H E'CO N V EYAN C E
II 7 GITY'OWNED
ORDINANCE'NO.008,201
1 ;OF THE COUNCIL-OF.THE C1TY OF " PROPERTY AT CATHY FROMME .
IIII .;FOR
TCOLLINS "PRAIRIE NATURAL TO AREA STE•.
APPROPRiATIN* fUNA33TECI PATE D .;.VEN HUVAL
GRANT,REVENUE IN THE ORDINANCE NO 017 2D77
GENERAL FUND:FOR THE,:ENVI gUTH'E' P N TNEF THE CITY OF ,
RONN}ENTALSERVICES RADON x"'00RTCOLLINS
`PROGRfYN1ANDAf1THORIZINGSH�,.':.. _..._
TRANSFER OF MATCHING CONVEYANCE
FUNDS;PREVEOUSLY-APPROPRIAT, OF A PORTION OF CITY-OWNED
EDAN:THE.ENVIRONMENTAL PROPERTY AT CATHY FROMME
SERVICES DEPARTMENT OPERAT PRAIRIE NATURAL AREA
ING BUDGET TQ ROBERT AND YUKARI SAMUEL
ORDINANCE NO 069 2017 ORD€NANCE NO.018,2017
'OF THE COUNCILOF THE CITY OF OF THE COUNCIL`OF THE,CITY OF'.'
FORT COLLINS FORT COLLINS
APPROP.RIATINGE?R10R YEAR RE AUTHORIZING THE CONVEYANCE
SERVES,IN THE STORM DRAINAGE
O OF A PORTION OF CITY-OWNED
FUNDtT PAY.2017 FEES.FOR THE , .PROPERTY AT CATHY FROMME
C1T15pF F6RTCOLLINS,AREAS r PRAIRIE NAT.URALAREA
N/fTF1iN`THE:BOXELDER BAS1N RE TO STEPHANIE YANG AND SCOTT
GIONALSTORMWATER"AUTHORITY, LAVOLETTE
ORDINANCE NO 011-2017 ORDINANCE NO 019 2017
OF THE'COUNCIL;OF THE CITY OF . OF THE COUNCIL,OF THE CITY OF:....
FORT COLLINS;" FORT COLLINS
AUTHORIZING'TH=,EXEC.UTION OF ADOPTING.THE5;2017 AMENDED
AN,AMENDED§AND RESTATED CLASSIFEED EMPLOYEES'PAY
CONSERVATIONEASEM.ENTWITH ? P,LAN
COLORADO'OPEN LANDS ON Testa TO UPDATE CLASSIFI EO'POSITIONS
KINGFISHER,AND NIX'NATURAL t AS PROVIDED IN"THE COLLECTIVE d
AREAS,1NCLUOING BARGAINING AGREEMENT-WITH
EONVEY;ANCE OF; THE FRATERNAL ORDER
A CONSERVATfON EASEMENT ON OF POLICE
ADDITIONAL LANDS The f011 text of ihe'se:`ordtndnces can'tie
ORDINANCE NO 012,2017 %found at httn//fcgov cam/publ�cnotices
'.OF THE COUNCIL OF THE CITY OF oY;by calling the CEIY Clerks Of&ce at
.FORT COIL I N 5:++: 970 227 6515-
AUTHORIZING THE CONVEYANCE jg18182
OF A PORTION,OF CITY-OWNED Coforadoan+
PROPERTY'AT CATHY.FROMME February 72,2077 -
PRAIRIE NATURAL AREATO STE
''VENJONES —'
ORDINANCE NO 013 2017
OF THE COUNCIL OF THE,CITY OF
FORT-COLLINS*'
AUTHORIZING T.HE CONVEYANCE
OF A"PORTION OF
CITY OWNED PROPERTY g
aT,eATHY,3 BONNE PR ;�t
NATURAL AREA 1, , 4
LQ iNgA VOT ICE