HomeMy WebLinkAbout158 - 11/19/2002 - AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF A CONSERVATION EASEMENT ON NIX NATURAL AREA TO ME ORDINANCE NO. 158, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO
LEGACY LAND TRUST OF A CONSERVATION EASEMENT
ON NIX NATURAL AREA TO MEET GREAT OUTDOORS COLORADO
GRANT REQUIREMENTS
WHEREAS,the Board of the Great Outdoors Colorado Trust Fund(the"GOCO Board")is
a political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, adopted at the November 1992 General Election, which Article allocates a portion of
the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds
in the State's parks, wildlife, open space and recreational resources; and
WHEREAS, the GOCO Board has created a statewide Legacy Project Grant Program
designed to further wildlife programs through the Colorado Division of Wildlife("DOW");outdoor
recreation programs through the Colorado Division of Parks and Outdoor Recreation ("DPOR");
open space and natural areas programs through the DPOR, DOW, municipalities, counties, or
nonprofit land conservation entities; and local government open space, trails and other outdoor
recreation facilities; and
WHEREAS, the goal of the Legacy Project Grant Program is to bring together public and
private organizations in a spirit of cooperation and with a common goal to complete projects of state-
wide benefit; and
WHEREAS, in 1996, the City of Fort Collins, City of Greeley, City of Loveland, Estes
Valley Park and Recreation District, Larimer County, Town of Windsor,Weld County, the Nature
Conservancy, Poudre River Trail Corridor, Inc., DOW, and DPOR submitted a detailed project
application to the GOCO Board for the completion of the project entitled the Poudre-Big Thompson
Rivers Legacy Project, which was approved by the GOCO Board in the amount of$3,400,000, on
October 23, 1996 (the "Phase I Grant"); and
WHEREAS, in September 1998, the Council adopted Resolution 98-128, authorizing the
City Manager to enter into the Poudre-Big Thompson Rivers Legacy Project Grant Agreement with
the GOCO Board, together with the City of Greeley, City of Loveland, Estes Valley Park and
Recreation District,Larimer County,Town of Windsor,Weld County,the Nature Conservancy,and
Poudre River Trail Corridor,Inc.,regarding the Phase I Grant,together with a related Memorandum
of Understanding amongst the grant partners; and
WHEREAS, in early 1999, the City, together with the City of Greeley, City of Loveland,
Estes Valley Park and Recreation District, Larimer County, Poudre River Trail Corridor, Inc., and
the Colorado Division of Parks and Outdoor Recreation, submitted an application for additional
funds from the GOCO Board to supplement those funds previously granted for the Phase I Grant and
to provide for the completion of additional riparian corridor protection, trail construction, and
environmental learning center site improvements, which was approved by the GOCO Board in the
additional amount of up to $2,500,000 in May 1999 (the "Phase II Grant"); and
WHEREAS, on January 18, 2000, the Council adopted Resolution 2000-14, authorizing
amendments to the existing grant and related agreements to include the Phase II Grant; and
WHEREAS,the Phase I Grant and the Phase II Grant,collectively referred to as the"Legacy
Grant Project",provide for reimbursement to participating grant recipients for a portion of the cost
of acquiring open space or natural area properties,consistent with the work plan for the Legacy Grant
Project; and
WHEREAS, in 1996, the City of Fort Collins acquired approximately 30.6 acres of land
located east of Lemay Avenue and south of Mulberry Avenue, and known as Nix Natural Area,for
the purchase price of$475,515; and
WHEREAS,the City has since redeveloped existing buildings and infrastructure located at
the Nix Natural Area for the operation of the Natural Areas program; and
WHEREAS,City staff,in consultation with the staff of the GOCO Board, has identified the
undeveloped portion of the Nix Natural Area,constituting 24.94 acres,as more particularly described
on Exhibit"A", attached hereto and incorporated herein by this reference (the "Property"), as land
for which a portion of acquisition costs,in the amount of$394,500,may appropriately be reimbursed
under the Legacy Grant Project;
WHEREAS, the GOCO Board has agreed to include the City's acquisition of Kingfisher
Point Natural Area as part of the City's local match for the grant, allowing for a relatively high
percentage of grant funding for the Property; and
WHEREAS, as a requirement of the grant, the owner of the Property must convey to an
approved third party, in this instance the Legacy Land Trust, a conservation easement intended to
protect the Property from uses contrary to the purposes of the Legacy Grant Project; and
WHEREAS, staff has negotiated with the staff of the GOCO Board and the Legacy Land
Trust certain conservation easement terms and conditions to which the Property shall upon
conveyance be subject, a copy of which conservation easement, dated October 2, 2002,is on file in
the Office of the City Clerk and available for public inspection (the"Conservation Easement"); and
WHEREAS, the objectives of the Natural Areas Policy Plan adopted by the Council as part
of the City's Comprehensive Plan in Resolution 92-156, and referenced in City Plan, include
establishing a system of publicly-owned natural areas to protect the integrity of critical conservation
sites, protecting corridors between natural areas, preserving outstanding examples of Fort Collins'
diverse natural heritage and providing a broad range of opportunities for educational, interpretive
and recreational programs to meet community needs; and
WHEREAS, protection of the Property as required in the Conservation Easement and the
terms and conditions set forth therein is consistent with the goals and objectives of the Natural Areas
Policy Plan and with the City Structure Plan; 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 the conveyance of the Conservation Easement on the Property to Legacy
Land Trust is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Conservation Easement in
substantially the form for the same dated October 2,2002,and on file in the Office of the City Clerk,
subject to such modifications in form or substance as the City Manager,in consultation with the City
Attorney,may deem necessary to effectuate the purposes of this Ordinance or to protect the interests
of the City.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D.
2002.
Mayor
ATTEST:
Ali k'
City Clerk
Passed and adopted on final reading this 19th day of November, A.D. 2002.
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Mayor
ATTEST:
City Clerk
EXHIBIT "A" (Page 1 of 3)
PARCEL 1
A tract of land situate in the East %Z of Section 18, Township 7 North, Range 68
Sixth P.M., Larimer County, Colorado, which, considering the east line of said West, of the
bearing S 00000100"E, and with all bearings contained herein relative thereto,id Section 18 as
the boundary lines which begin at a point which bears N 00000'00" W 2989.85 s contained within
82025'00" W 1249.40 feet, and again N 07°27'00" W 520.70 feet, and again6801110011feet,
t' dagain
N
758.68 feet, and again S 89016'34" W 84.27 feet, and again S 66°18'55' W N W
Southeast corner of said Section 18, and �9•5? feet from the
run thence S 1003.310911W 269.78 feet; thence S
28021'36" W 114.00 feet; thence S 01007'17" W 110.55 feet; thence S 13010108"
thence S 24°02'08" W 55.00 feet to the northerly line of the Poudre Trail• thence W 132'ai feet;
northerly line S 77029'43" W 17.00 feet, and again S 2I°49'34" W 39.26 feet e along said
arc of a 25.00 foot radius curve to the right a distance of 21.99 feet, the Ion= chord
amain along the .
bears S 47001124" W 21.29 feet, and again S 72°13'l3" W 135.73 feet and ag hord of which
a 175.00 foot radius curve to the right a distance of 15I.72 feet, the long chord io along the arc of
82056'37" W 147.01 feet, and again N 58006126" W 87.43 feet to the north- so f which bears N
said Section 18; thence along said north- south centerline N 00 0� 02 south centerline of
S
66°3 8'10" E 180.77 feet; thence N 41°11'00" E 124.14 ° ^� " E 185.96 feet; thence S
thence N 14038'53" E 237.29 feet; thence N 5700415 4 feet; thence N 11°37'47" E 152.53 feet;
containing 3.3 acres more or less, and being subject 0 11 E 18�.17 feet to the point of beginning,
existing or are of record. s J t to all easements and rights-of-way which are
PARCEL 2
A tract of land situate in the East '/z of Section 182 Township 7 North, Range 68
Sixth P.M., Lanmer County, Colorado, which, considering the east line of said West, of the
bearing S 00°00'00.;'.E,and with all bearings contained herein relative thereto is Section 18 as
w
the boundary lines which begin at a point which bears N 00°00'00" W 2989,8� contained within
82°25'00" W 1249.40 feet, and again N 82°25'00" W 30.84 feet from the Southeastfeet, and again N
Section IS, and run thence S 01'57'11" E 264.69 feet; thence S 05°09'54" W 99. comer of said
S 06°42'45"°E 239.98 feet; thence S 32°46'58" E 143.59 feet; thence S 5704 138" r' feet; thence
thence S 14 -3441" E 137.00 feet; thence S 03034'42" E 287.83 feet; thence 3 ,s E 24�.32 feet;
feet; thence S 19021'06" W 88.21 feet to the northerly right-of-wayline of the S 1 urlin t E 249.a2
Northern Railroad; thence along said northerly right-of-wayline N 18°14'^ Burlington-
again on the chord of a spiral curve to the left, N 19°15'07" W 152.60 feet,6 W 91.29 feet, and
arc of a 1482.29 foot radius curve to the left a distance of 1180.60 feet the Iona and again along the
bears N 44°03'53" W 1149.6" feet, and again on the chord of a spiral cure to 1-7
chord of which
68052'40" W 152.60 feet, and again N 69°53'11" W 779.29 feet o the north- he left,N
said Section 18; thence along said north-south centerline,N 00°03'02" E 44151 Sth centerline of
southerly line of the Poudre Trail; thence along ° � �� feet to the
said southerly line, S 58 06 26 E 56.38 feet, and
again along the arc of a 225.00 foot radius curve to the left a distance of 195.06 chord of which bears S 82°56`37" E 189.01 feet, and again N 72°13'13" E 135 feet, the Long
along the arc of a 75.00 foot radius curve to the left a distance of 65.97 feet the, feet, and again
which bears N 47001123" E 63.86 feet, and again along the arc of a 25.00 foot ra Ions chord of
thus curve to the
EXHIBIT "A" (Page 2 of 3)
right a distance of 24.29 feet, the long chord of which bears N 49039'38" E 23.35 feet, and again
N 77029'43" E 443.42 feet, and again along the arc of a 75.00 foot radius curve
to the left a
distance of 44.94 feet, the long chord of which bears N 60019'40" E 44.27 feet
said southerly line, S 69032'35" E 139.30 feet; thence S 83023'32" E 167.90 ' thence leaving
78013'34" E 132.48 feet; thence S 26°36'22" E 104.04 feet to the point o feet; thence S
27.5 acres, more or less, and being subject to all easements and - f beginning, containing
rights-of-way which are existing
or are of record.
LESS AND EXCEPTING THEREFROM THE FOLLOWING:
A TRACT OF LAND SITUATE IN THE EAST 1/2 OF SECTION 18,TOWNSHIP 7 NORTH,RANGE 68
WEST, OF THE SIXTH P.M.,LARIMER COUNTY, COLORADO,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 18,BEING
'NfOI UMENTED AT THE SOUTH END BY A 3 INCH ALUMINUM CAP STAMPED "LS 20123,RA
BRADSHAW"AND AT THE NORTH END BY A 2 %2 INCH ALUI T M CAP STAMPED"LS 17497,
CITY OF FORT COLLINS"IS ASSUMED TO BEAR S00 09,22 W WITH A DISTANCE OF 2652.20 FEET
BETWEEN DESCRIBED MONUMENTS,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO.
COMMENCING AT THE SOUTHEAST CORNIER OF SAID SECTION 18,THENCE N00°09'22"E ON THE
EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18 AND THE PROLONGATION
THEREOF,A DISTANCE OF 2989.85 FEET;THENCE N82015'38"W,A DISTANCE OF 1280.24 FEET TO
AN ANGLE POINT N THE BOUNDARY OF LOT 1, NIX FARM NATURAL AREAS FACILITY,SAID
ANGLE POINT BEING MARKED BY A REBAR WITH AN ORANGE PLASTIC CAP,MARKED LS 5028,
STEWART AND ASSOC.",AND THE POINT OF BEGINNING.
THENCE SO1°48'16"E ON SAID BOUNDARY, A DISTANCE OF 114.97 FEET;
THENCE N87033'26"W,A DISTANCE OF 49.74 FEET;
THENCE S020 19'07"E,A DISTANCE OF 47.70 FEET;
THENCE S88011'44"W,A DISTANCE OF 76.54 FEET;
THENCE SO 1 044'22"E,A DISTANCE OF 73.93 FEET;
THENCE S70050'58"W,A DISTANCE OF 77.86 FEET,TO A POINT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE RIGHT, HAvING A RADIUS OF 99.00 FEET,A
DELTA OF 35047'19",AN ARC DISTANCE OF 61.84 FEET,WITH THE CHORD OF SAID CURVE
BEARING SO1°15'22"E AND HAVING A LENGTH OF 60.84 FEET;
THENCE S25050'16"E,A DISTANCE OF 132.13 FEET;
THENCE S21°56'45"W,A DISTANCE OF 49.71 FEET,TO A POINT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 96.00 FEET,A DELTA
OF 18°20'31",AN ARC DISTANCE OF 30.73 FEET, WITH THE CHORD OF SAID CURVE BEARING
N770 13131"W AND HAVING A LENGTH OF 30.60 FEET,TO A POINT OF TANIGENCY;
THENCE N86'23'46"W,A DISTANCE OF 17.40 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE LEFT,HAVING A RADIUS OF 11.00 FEET,A DELTA OF 91047'06",AN
ARC DISTANCE OF 17.62 FEET, WITH THE CHORD OF SAID CURVE BEARING S47042'41"W AND
HAVING A LENGTH OF 15.80 FEET,TO A POINT OF TANGENCY;
THENCE SO1°49'08"W,A DISTANCE OF 222.00 FEET;
THENCE S82045'50"E,A DISTANCE OF 43.24 FEET;
THENCE S37�5'50"E, A DISTANCE OF 69.89 FEET;
THENCE S35045'01"W,A DISTANCE OF 154.05 FEET,TO THE NORTHERLY RIGHT-OF-WAY OF THE
GREAT WESTERN RAILROAD(FORMERLY Iu'�IOWN AS BURLNGTON NORTHERN RAAILROAD);
THENCE ON SAID NORTHERLY RIGHT-OF-WAY ON A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 1482.29 FEET,A DELTA OF 04005'04",AN ARC DISTANCE OF 105.67 FEET,
WITH THE CHORD OF SAID CURVE BEARING N560 1 T3 I"W AND HAVING A LENGTH OF 105.64
FEET;
EXHIBIT "A" (Page 3 of 3)
THENCE N0000010011W,A DISTANCE OF 187.67 FEET;
THENCE N9000010011W,A DISTANCE OF 203.77 FEET;
THENCE N0000010011W,A DISTANCE OF 36.23 FEET,TO A POINT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 90.00 FEET,A
DELTA OF 81049'57",AN ARC DISTANCE OF 128.54 FEET,WITH THE CHORD OF SAID CURVE
BEARING N50026'15"W AND HAVING A LENGTH 9F 117.89 FEET,TO A POINT OF TANGENCY;
THENCE N09031'16"W,A DISTANCE OF 131.22 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE LEFT,HAVING A RADIUS OF 45.00 FEET,A DELTA OF 89059-59",AN
ARC DISTANCE OF 70.69 FEET,WITH THE CHORD OF SAID CURVE BEARING N54031015"W AND
HAVING A LENGTH OF 63.64 FEET;
THENCE N09031'16"W,A DISTANCE OF 30.00 FEET;
THENCE N80028'44"E,A DISTANCE OF 107.76 FEET,TO A PONT OF CURVATURE;
THENCE ON A CURVE TO THE LEFT,HAVING A RADIUS OF 261.34 FEET,A DELTA OF 42045'52",
AN ARC DISTANCE OF 195.06 FEET, WITH THE CHORD OF SAID CURVE BEARING N59005'48"E
AND HAVING A LENGTH OF 190.56 FEET,TO A POINT OF REVERSE CURVATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS OF 100.00 FEET, A DELTA OF 28021'33",
AN ARC DISTANCE OF 49.50 FEET,WITH THE CHORD OF SAID CURVE BEARING N5105313911E AND
HAVING A LENGTH OF 48.99 FEET,TO A POINT OF TANGENCY;
THENCE N66004'25"E,A DISTANCE OF 52.20 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE LEFT,HAVING A RADIUS OF 50.00 FEET,A DELTA OF 16036'06",AN
ARC DISTANCE OF 14.49 FEET,WITH THE CHORD OF SAID CURVE BEARING N57046'22"E AND
HAVING A LENGTH OF 14.44 FEET,TO A POINT OF REVERSE CURVATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS OF 29.43 FEET,A DELTA OF 12000010211
,
AN ARC DISTANCE OF 61.64 FEET,WITH THE CHORD OF SAID CURVE BEARING S70031-40"E AND
HAVING A LENGTH OF 50.98 FEET;
THENCE S60005'29"E,A DISTANCE OF 20.78 FEET;
THENCE N29054'3I"E,A DISTANCE OF 51.35 FEET;
THENCE N 16°59'10"W,A DISTANCE OF 68.21 FEET,TO A POINT ON A CURVE;
THENCE ON A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 40.00 FEET,A
DELTA OF 72045'57",AN.ARC DISTANCE OF 50.80 FEET, WITH THE CHORD OF SAID CURVE
BEARING N620 18'l4"W AND HAVING A LENGTH OF 47.45 FEET,TO A POINT OF TANGENCY;
THENCE N25055'16"W,A DISTANCE OF 14.54 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET,A DELTA OF 99035'22",
AN ARC DISTANCE OF 69.53 FEET,WITH THE CHORD OF SAID CURVE BEARING N23052'25"E AND
HAVING A LENGTH OF 61.10 FEET,TO A POINT OF TANGENCY;
THENCE N73040'06"E,A DISTANCE OF 25.06 FEET,TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS OF 206.59 FEET,A DELTA OF 34042'4)
AN ARC DISTANCE OF 125.16 FEET, WITH THE CHORD OF SAID CURVE BEARING S88058133"E
AND HAVING A LENGTH OF 123.26 FEET;
THENCE N6805T41"E,A DISTANCE OF 103.62 FEET,TO THE NORTHEASTERLY BOUNDARY OF
SAID LOT 1,NIX FARL1 NATURAL AREAS FACILITY:
THENCE S26027'2711E ON SAID NORTHEASTERLY BOUNDARY,A DISTANCE OF 50.54 FEET,TO
THE POINT OF BEGINNING,
CONTAINNG A CALCULATED AREA OF 5.860 ACRES.