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HomeMy WebLinkAbout003 - 01/16/2001 - AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING FOSSIL CREEK RESERVOIR AREA ORDINANCE NO. 3, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING FOSSIL CREEK RESERVOIR AREA REGIONAL OPEN SPACE PROPERTIES, AND AUTHORIZING THE CONVEYANCE OF AN INTEREST IN CERTAIN OF THOSE PROPERTIES TO LARIMER COUNTY WHEREAS,the City and Larimer County,together with the City of Loveland,have worked cooperatively to prepare and adopt"A Plan for the Region Between Fort Collins and Loveland" to protect and promote the quality of life,the natural environment and the character of each community; and WHEREAS, the City and Larimer County have also worked cooperatively to prepare and adopt the"Fossil Creek Reservoir Area Plan"to direct future urban development towards municipal boundaries, while balancing preservation of open lands and critical natural areas around the Fossil Creek Reservoir and areas between Loveland and Fort Collins; and WHEREAS,the"Fossil Creek Reservoir Area Plan" identifies certain critical lands around the Fossil Creek Reservoir as a"Resource Management Area"wherein lands are to be protected from development through various means such as fee acquisition,conservation easements,and regulatory measures; and WHEREAS, the "Fossil Creek Reservoir Area Plan" identifies lands within the Resource Management Area to be acquired by the City and Larimer County for the development of a "Regional Open Space"; and WHEREAS, the parties have worked cooperatively to prepare and adopt the"Fossil Creek Reservoir Resource Management Plan" to guide the management of lands within the Resource Management Area and the Regional Park Preserve; and WHEREAS,Larimer County has imposed a sales and use tax ("Help Preserve Open Spaces Sales Tax") for the purchase and maintenance of open space, natural areas, parks and trails and a portion of the funds generated by said sales tax are distributed to municipalities located within Larimer County; and WHEREAS, the City receives a share of the County Revenues for the purchase and maintenance of open space, natural areas, parks and trails for the benefit of the Fort Collins community; and WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as Building Community Choices,portions of which are intended and available for the purchase and maintenance of open space, natural areas, and trails; and WHEREAS,Larimer County has previously acquired,through purchase of fee interests,two real properties in the Fossil Creek Reservoir Resource Management Area(referred to as "Tract A" and "Tract B" respectively); and WHEREAS,Larimer County anticipates acquiring,through dedication of fee interests from the developer of the Westchase P.U.D. through the County's Transferable Development Units program,certain additional real properties in the Fossil Creek Reservoir Resource Management Area (collectively referred to as "Tract C"); and WHEREAS,Larimer County anticipates acquiring through purchase of fee interests,certain other additional real properties in the Fossil Creek Reservoir Resource Management Area (collectively referred to as "Tract D"); and WHEREAS, the City anticipates acquiring through purchase of fee interests, the real properties in the Fossil Creek Reservoir Resource Management Area that are described in Exhibits A, B, and C, respectively, each attached hereto and incorporated herein by reference ("Tract E", "Tract F", and "Tract G" respectively, collectively referred to as "the City Properties"); and WHEREAS, Tracts A, B, C, D, E, F, and G (collectively referred to herein as the "Properties") are important parcels within the Fossil Creek Reservoir Resource Management Area and Regional Park Preserve; and WHEREAS, the City and Larimer County desire to cooperate and contract with one another concerning the sharing of costs and responsibilities for the acquisition,ownership,improvement,and management of the Properties; WHEREAS,the City and Larimer County have negotiated an Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties,which was approved by the Larimer County Board of County Commissioners on Tuesday, December 12, 2000 and has been executed by the County, and a copy of which is on file in the Office of the City Clerk and available for public inspection (the "IGA"); and WHEREAS,the IGA provides for the ownership of all of the Properties to be shared equally by the City and Larimer County as tenants in common, with conveyances to take place upon the acquisition of the various properties; and WHEREAS,staff has determined that the funds and interests in property to be exchanged by the City with Larimer County are fair and equitable, and will result in an overall benefit to the City; and WHEREAS, the IGA further provides for the management of all the Properties by Larimer County, consistent with the Fossil Creek Reservoir Resource Management Plan, as the same may be from time to time modified and supplemented, unless all of the Properties are annexed into the City, at which time the City will assume management responsibility for the Properties; and WHEREAS,Article 11,Section 16 of the City Charter and Section 29-1-203,C.R.S.,provide that the Council may enter into agreements with other governmental bodies for the performance of cooperative or joint activities; and WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is authorized to sell or otherwise dispose of any and all interests in real property owned in the name of the City, provided that Council first finds by ordinance that the sale or disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That grant of the conveyance of a fifty percent(50%)undivided interest in Tract E,Tract F, and Tract G to Larimer County,pursuant to the terms of the IGA and in exchange for the payments and property interests to be granted to the City as provided therein, is in the best interests of the City of Fort Collins. Section 2. That, contingent upon the final execution of the IGA, the Mayor is hereby authorized to execute a quit claim deed conveying to Larimer County a fifty(50%)percent undivided interest in each of Tract E, Tract F, and Tract G, in accordance with the terms of the IGA and this Ordinance. Section 3. That the Mayor is hereby authorized to execute the IGA,together with such other terms and conditions, or subsequent minor modifications or amendments, as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and effectuate the purposes set forth herein, with the understanding that future amendments to the IGA not otherwise provided for herein may be approved by the Council by resolution. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2001, and to be presented for final passage on the 16th day of January, A.D. 2001. Mayor -- ATTEST: - r,..�4) i' City Clerk Passed and adopted on final reading this 16th day of January, A.D. 2001. � "- Mayor F'.,.. . -. ATTEST: . %LL A - City Clerk , AP ION 19, COLORADO EXHIBIT A LEGAL DESCRIPTION OF TRACT E PROPERTY DESCRIPTION: That portion of the Northeast Quarter of Section 19, township 6 North. Range 68 West of the 6 P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 19 and bearing South 00100'00" Fast and with all bearings contained herein relative thereto: Beginning at the Northeast comer of said Section 19; thence alone the East line of the Northeast Quarter of said Section 19 South 00000'00" East 872.39 feet: thence departing said East line North 90'00'00" West 30.00 feet, more or less, to a point on the Westerly right of way line of Larimer County Road No. I and the TRUE POINT tDF BEGINNING; said point also being on the Northeasterly right of way line of the Union Pacific Railroad right of way; thence departing said Easterly right of way line and along said Northeasterly right of way line of the Union Pacific Railroad right of way North 36°39'59" West 1035.16 feet, more or less, to a point on the Southerly right of way line of Larimer County Road No. 32; thence departing said Northeasterly right of way line of the Union Pacific Railroad right of way and along said Southerly right of way line of Larimer County Road No. 32 North 88°56'03" East 618.26 feet, more or less, to a point on the Westerly right of way line of Larimer County Road No. 11: thence departing said Southerly right of way line of Larimer County Road No. 32 and along said Westerly right of way line of Larimer County Road No. 11 South 00000'00" East 841.83 feet, more or less to the TRUE POINT OF BEGINNING. The above described parcel contains 5.97 Acres, more or less, and is subject to all existing easements and/or rights of way of record. EXHIBIT B LEGAL DESCRIPTION OF TRACT F A tract of land located in Larimer County, Colorado legally described as all of Section 16, Township 6 North, Range 68 West of the 6`h Principal Meridian, less 46.70 acres out of the northwest quarter as conveyed by Patent Numbers 1879 and 3467, containing in all 593.30 acres, more or less. EXHIBIT C LEGAL DESCRIPTION OF TRACT G A pared ul'laod being part of*IIle Solid Id la I,kS 1/2)oI Sccliun Ncvc n1 cCl1(17), and Dail nl Section TWonly(201 all in Tuwn:;hip Six North Cr6N), Ranl;c Sixty-vgjit Wcst (I.,oti\1'.) of die Sixth Principal Mcridi:w (6I11 P.M.),Cuuuly of I.alincr,Stale of l oluradu and being nnoc parliculai ly described as lidluws: IIP.C;INNINU at the Nurlhwesl Curncr ol'::aid Sccliun 20 and ❑Nsoninit the Noidi line of the Norlhwcsl Quarter(N\V I/4)of said:;ccliou 20 as lien ing Nurih 8')"2:i'•I I" I'.:C;I, iciof;a kit id Healing of the Colorado Slate Plane Coordinate Sysicm, Norlli %unc, Nurih Anti ican I);dun 195J/92,a distance uf2677.37 141 will)all ulhCI hCarin)tS conLiincd IWIClll ICIaInr Ihcrclo: THENCE Nurlll 59"28A I"Lim!along said North line a distance ul'30.0O loci in (he Nwlllwc:a Corner uldial pa rccl ul land as described within Thal Deed w I)alicalion a:;rccurdcd()cluhcr 19, I99U as Itccgdkni Nunber 90(I. M5 of(he rcwrds Kihc l a h"cr l'uunly LIM and Recorded(LCCR); . 'fhcncc clung lie West,Suulll,and East line urine aloresaid parcel u1 land by lbc following 'three(3)courses and dislanccs: 'll II;NCE Suulh UU"OM" West a distance of am lent; TIII;NCP North 89"25'41" East a dis(ancc ul'870.40 foci; 'I'llENCE Nurih UUMP19" West a dislanee ul••IMIN) Icc(Ili the North line ufsaid NI'VI/•1; 'I'1 IENCE Nurih 5USA I" fast along said Nor0i lice a distance of 1276J M Ncl. Said point being(he SVIIUMCNI Corner of that parcel of hind as described in that document w; recorded A•I;i), 29, 1920 in Book 05 un Page 396 of the rUSH IIN of lilt I,arincr C:ounly Clerk and Itcculdcr (I.CCR). 'fhcncc Mug(he Nurtherly line of llic alul coed parcel of land by [lie fol lowing Dour(4)cuurws, and disllnces: TlIGNCIi Nurih IU"IT-12" Basta dislancc of•92U.,10 feel; 'I'1IIiNCI.i Nurih 51"41'd2" liasl a dislancc uf•107.80 Iccl; Tl11,NCG Suulll 72"4I'18" liasl a distance of 090.SU Ice(; '1'1II?NCI;South 19"43'18" Bast a tisane 998.111 feel to the Suulll IinC of Iho SUUIIICaNl (Junto (SU.1/4)ufsaid Sccliun 17,and being the Soullicasl Corner of Uic aforesaid parcel of land. Fran said point the Northeast Curncr ufsaid Scctiun 20 howN Nurih 89"25'41" lomi a diMance of 1699.00 Iccl; 'll ll,NCI North 59"2N I" tics( acting said South line a distance uf'J 1.73 Teel; 1111ANCli Suu111 Id"1890" West a dislancc or 859.U11 feet; W I ISINIC13 South 71"53'46" 'vest a dislancc uf429.IIU lei; I'I IIiNCI,,Nurih 79"12'I,I" Wes(a disl nce ul'370.00 lee(; I'1I IiNCI.i South UU"(12'14" Bast a dislancc of I SU2.UU Iccl; fl II:NCIi Suulll 36"!T14" Gast a distance ol'32017 loci to (lie Suulll line ul'(Ilc Nurthcasl Quarto(NI'1/4)ofsaid Section 20; 'll ILNCE North 89"33'57" Bast aluug said South line a dislancc uf,19.67 feel to [lie Nur(icast Corner uflllc Wes(Twculy(20) Rods uflllc Suuthcasl jwr(cr(Slil/d) ofsaid Sccliun 211; 'n 1UNCE South 01.1"UT14" l5sl:dung file lost line ufsaid WcNI 20 Ruds a dislancc of•2659.;16 loci it the Suulll line ofsaid Sl,*IM; 171GNCl.i Nuu(h S9"39117" WCsl,lung said Soul Ike a distance uI'J3U.01 foci to the Suulll Qu I ler Curncr of said SCAM 211; TIIENCI:North UO"U2'14" Wesl along [lie \Vest line ofsaid Slil/4 a dislancc of2658.87 loci It) lie Cculcr Quarter Curncr ufsaid Section 2.1); 'I'I IENCI'.Nur(h U0"02'14" \Vest along Ilw West line ill*(lie NEIM ufsaid Scctiun 20 a dislancc ul'600.OU loci; 'f111.',NCE South 89"5746" Wcsl it dis(:ulce of 24.75 lief; 'n IENC E North 00"U2'1'1" Wes( a distance or729.0l foci to die Suulll fine of the Nurlll I h dour the Norlhwcsl Quarter(N 1/2 NW U-I)of said Section 20; 1Il1114103 Suulll 890 r19" West along said Suulll line a dislancc of 2312.,19 led to the In$lie Soulhcasl ('urner or dial parcel of land as described wiliio Bart \V;oranty I teed a:; accorded Uclohcr 0, 1939:is Reception Nundier 89U461U I ufllic records uflllc LCCR. .Said puinl being a Point on a curve, (he alhres:Iid line being nun-langcnl Io said curve; Page I uf2 Property Description (cunlinuc(I) Tu(al Parcel TI IENCE slung the Northeast line of(he alirresaid IM"ce1 of I:utd and heist,alum;the Arc of a curve which is concave lu the Southwest 531.02 Iccl,whose Radius is 3,12S.8(1 fcc(, (vh(1sc I)cll❑ is 08"52'2 5" and whose Lunt,Chord bears Nurlh 32"Od'54" West a disc mcc u1'S311r1'1 Iccl to (Ile Fast line ol'Ilntt parcel ol,land as dcscrihcd within IItaI Deed 01'Dcdicalio❑ ;e:ICeordcd Nlatcli 17, 19911 as Reccp(iuu Number 9,1023653 of lltc records ol'the I.CCR; Thence along the ]-,";is I, NurlII,and %Vest lines ul'Iltc ali,rc•saitI parcel 01'land by the Ii)III -iII) Three(3)courses and di stances: TI IENCI:North Q0"03100" toast along a line null-I:nlgcu( (u the afures;tid curve a dimalice of 015.91 Iccl; TI IENCE North 391,56'53" West a distance uf30.00 feel; Tlll:NCIl South 00"03'07" Wes[ a distance uf676.41 feel to Ilse Nm(hc:islcdy line ul'(h;d as described within Thal Warranty Decd as recorded February 2 5, 1910 iu I lout( 270 tin V;igc 3.30 01' the records ul'Ihc LC'CR. Said point hcint,a point till a Curve,(tic aline:;aid line hcint,nnn- tangcnl to said curve; TI ILNCE along the Arc ofa curve which is concave lu (lie Suulhwcst a dis(allce ul'50.46 Icci, whose Radius is 336.4.30 Icet,(chow Della is 110"51 30", and whose Long Churd hear:: Nut(It 36"25'31" Wesl a dist.•mce of50.46 Iict It?(lie West line o1'said NI/.'_ N%V1/d; TI IENCI: North 00"03'07" Last admit,said West line,and being a line nun-hmgcnl III (he aRn"aid curve a distance ul'89,1.70 Iicl Io the POINT OF BEGINNING. EXCEP77N(S Ihercli•om the following described parcel of land: The North Tcn Icc( (10')ol'Ilte South Purty feel ('10)ul'Ihe nlowsaid parcel of Iand. Said described pvrcl of laud being Ihal pal-I ol'said Slil/4 as described within Ill: ( Decd OI' Dedication as recorded July 2, 1996 as Reception Number 960h17773 ul•llic records ul'lhc I.ariuter couu(y Clerk and Recorder(LCCIO. Said described p:u•cel uT land contain:: 151.505 Acre::, more or less(t.)and is suiriccl to any rights-ol=way or u(hcr casements as I,ranlcd or reserved by ins(rutacm(s oh-ccuttl III-as now existing on said described parcel ufland. SURVEYOR'S CERTIFICA'1'R I,Charles 13.Jones, a Colorado Registered Pro li:ssimmI band Surveyor do hereby slate Ilnd (his 1'ruperly Description was pl•eparcd under lily perso(tal supervision and chccking, and Ih;d it is UAW and correct to the best of my knowledge, inlinnrtliun,belief,and ill lily prolcssiollal opinion. Charles 13..Iuncs in U /22098 Qtluradu Registered r{I�it;siunal Umd Surveyor 1122098iZllt� il1r'llk) KING SUIOIE'YORS, INC. 9299 l:asluru I'ar1( Drivc Windsor, Colorado 80550 (970)686-5011 1'rojecl Number: 2.000256 (Scplctnher >, 2000) (Pile: tulal-aAM)