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HomeMy WebLinkAbout159 - 11/19/2002 - AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF A CONSERVATION EASEMENT ON CATTAIL CHORUS NATURAL ORDINANCE NO. 159, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF A CONSERVATION EASEMENT ON CATTAIL CHORUS 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 purchased an undivided 32% interest in 98.29 acres of land located between Mulberry Avenue and Prospect Road to the east and west adjacent to what would later be constructed as Timberline Road, for the purchase price of $400,000, and accepted the donation of the additional 68% undivided interest in that property; and WHEREAS, since 1996,the City has used 4.2 acres of said property as part of the extension of Timberline Road north from Prospect Road, in exchange for the payment of $46,000 to the appropriate natural areas fund, and in addition has designated the remainder of that property as two separate natural areas, Kingfisher Point Natural Area and Cattail Chorus Natural Area; and WHEREAS, City staff, in consultation with the staff of the GOCO Board, has identified Cattail Chorus Natural Area,constituting 34.48 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$135,000,may appropriately be reimbursed under the Legacy Grant Project; and 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. _ Y Mayor ATTEST: 14ULV :� I'l Ali City Clerk Passed and adopted on final reading this 19th day of No m�er, A.D. 2002. Mayor ATTEST: IIA City Clerk EXHIBIT "A" A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, BEING MONUMENTED AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED "PLS 20123 R.A. BRADSHAW", SET 1/2" BELOW ROAD SURFACE, IN A RANGE BOX AND ON-LINE TO THE NORTH BYA 1/2" REBAR WITH FADED ORANGE PLASTIC CAP STAMPED "STEWART&ASSOC. 5028" (ALSO BEING THE NORTHWEST CORNER OF THE PLAT OF NEENAN OFFICE BUILDING II) IS ASSUMED TO BEAR N00002'15"W, WITH A DISTANCE OF 850.00 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 17; THENCE N00002'15"W ON SAID EAST LINE, A DISTANCE OF 647.34 FEET; THENCE S89057'45"W, A DISTANCE OF 30.00 FEET TO THE WESTERLY LINE OF THAT PARCEL DESCRIBED IN BOOK 2056,PAGE 30, RECORDS OF LARIMER COUNTY,AND TO THE POINT OF BEGINNING; THENCE N0000234"W ON SAID WESTERLY LINE, A DISTANCE OF 490.45 FEET TO THE SOUTHWESTERLY LINE OF PARCELS A, B, AND D AS DESCRIBED IN DOCUMENT RECORDED AT RECEPTION NUMBER 85009713,RECORDS OF LARIMER COUNTY; THENCE ON SAID SOUTHWESTERLY LINE, THE FOLLOWING FOUR(4) COURSES: 1. N52053'22"W, A DISTANCE OF 537.22 FEET; .2. N73025'1 I"W, A DISTANCE OF 63.85 FEET; 3. N60°21'45"W, A DISTANCE OF 136.18 FEET; 4. N540 19'15"W, A DISTANCE OF 66.41 FEET, TO A NON-TANGENT CURVE; THENCE ON THE ARC OF CURVE TO THE RIGHT HAVING A DELTA OF 250 12'46",A RADIUS OF 200.00 FEET, A DISTANCE OF 88.01 FEET,THE CHORD OF WHICH BEARS N53057'54"W A DISTANCE OF 87.30 FEET; THENCE N41°17'31"W, A DISTANCE OF 321.21 FEET; THENCE S78051'41"W, A DISTANCE OF 69.90 FEET; THENCE N84028'28"W, A DISTANCE OF 147.84 FEET; THENCE N87047'13"W, A DISTANCE OF 383.48 FEET; THENCE S00006'51"W,A DISTANCE OF 1023.67 FEET TO THE BOUNDARY OF SAID PARCEL DESCRIBED AT BOOK 2056, PAGE 30, RECORDS OF LARIMER COUNTY; THENCE S55041'21"E ON SAID BOUNDARY, A DISTANCE OF 318.94 FEET; THENCE S8404626"E, A DISTANCE OF 528.96 FEET; THENCE S86017'28"E, A DISTANCE OF 703.88 FEET TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 93050'45",A RADIUS OF 50.00 FEET, A DISTANCE OF 81.90 FEET,THE CHORD OF WHICH BEARS N46045'11"E A DISTANCE OF 73.04 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 34.484 ACRES. 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