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HomeMy WebLinkAbout160 - 11/19/2002 - AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF A CONSERVATION EASEMENT ON THE MCMURRY ANNEX/ACKE ORDINANCE NO. 160, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF A CONSERVATION EASEMENT ON THE MCMURRY ANNEX/ACKERMAN COURT NATURAL AREA PROPERTY 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 H Grant; and WHEREAS,the Phase I Grant and the Phase H 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 1998, the City of Fort Collins acquired approximately 17.5 acres of land located north of the Cache La Poudre River to the east of Shields Street, and referred to as the McMurry Annex/Ackerman Court Property,as more particularly described on Exhibit"A",attached hereto and incorporated herein by this reference(the"Property"),for the purchase price of$250,000; and WHEREAS,City staff,in consultation with the staff of the GOCO Board,has identified the Property as land for which a portion of acquisition costs, in the amount of $242,500, 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. r ayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of November. A.D. 2002. t sic° :.M'� F,,f+ ,✓" Mayor ATTEST: City Clerk .1..1 i' EXHIBIT "A" McMurry Annex Commencing at a point 450 feet East of the West quarter corner of Section 2, Township 7 North, Range 69 West of the 6th P.M.,thence East 868.12 feet; thence S 00007'30" W. 904.55 feet; thence S 88001' W, 305.45 feet; thence N 55000' W. 130.23 feet; thence N 53006' W. 181.30 feet; thence N 370 15'W.297 feet;thence N 46105'W. 79.90 feet;thence N 62002'W. 152.18 feet;thence N 70042' W. 410.51 feet;thence N 113.93 feet; thence E 450 feet;thence N 120 feet to the Point of Beginning.