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HomeMy WebLinkAbout035 - 03/02/2004 - AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON RUNNING DEER NATURAL AREA, AUTHORIZING AN A ORDINANCE NO. 035, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON A PORTION OF RUNNING DEER NATURAL AREA, AUTHORIZING AN ACCESS EASEMENT ON A PORTION OF RUNNING DEER NATURAL AREA ADJACENT TO THE CONSERVATION EASEMENT AREA AND APPROPRIATING UNANTICIPATED REVENUE IN THE CITY'S NATURAL AREAS FUND WHEREAS, the Board of the Great Outdoors Colorado Trust Fund (the "GOCO Board") 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,in 1996, 1998,and 2000,the City Council has considered and approved actions related to a Legacy Project Grant for the Poudre-Big Thompson Rivers Legacy Project, which is a joint project of 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 (the "Legacy Grant Project"); and WHEREAS, the Legacy Grant Project provides 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 94.82 acres of land located south of Prospect Road and west of Interstate 25 from Elizabeth Short and Short &Milne, a Colorado general partnership, for the purchase price of $417,000, and that property is now incorporated into what is known as Running Deer Natural Area; and WHEREAS, staff, in consultation with the staff of the GOCO Board, identified an approximately 68.933-acre portion of the aforementioned property(excluding a leased portion and a temporary mining haul roadway), more specifically described on Exhibit A (the "Property"), as land for which $203,000 of the acquisition costs may appropriately be reimbursed under the Legacy Grant Project; and WHEREAS,the City will receive reimbursement in the amount of$203,000 from the GOCO Board in 2004, for the Property described above, and said funds will be deposited in the City's Natural Areas Fund; 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,a form of which conservation easement has been negotiated by City staff with GOCO and Legacy Land Trust,is dated February 13, 2004, and is on file in the office of the City Clerk and available for public inspection (the "Conservation Easement"); and WHEREAS, the GOCO Board requires that the third party holder of the Conservation Easement have legal access, (i.e., direct access from a public thoroughfare)to the Property covered by the Conservation Easement and the Property alone does not afford the legal access required for Legacy Land Trust enforcement of the Conservation Easement; and WHEREAS, the City owns adjacent property,more specifically described in Exhibit B (the "Access Property"),which property is incorporated into Running Deer Natural Area, which affords legal access from Prospect Road, and WHEREAS, a proposed Access Agreement for the Legacy Land Trust on the Access Property,dated February 13,2004,is on file in the office of the City Clerk and is available for public inspection (the "Access 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 the Conservation Easement is consistent with the goals and objectives of these Plans; 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; and WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year,does not exceed the then current estimate of actual and anticipated revenues to be received during any fiscal year; and WHEREAS, City staff has determined that the appropriation of$203,000 from the GOCO Board as described herein will not cause the total amount appropriated in the Natural Areas Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS,the Natural Resources Advisory Board considered the Conservation Easement and Access Easement at its February 4, 2004,meeting, and recommended that the Council approve the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance to Legacy Land Trust of the Conservation Easement on the Property and the Access Easement on the Access Property 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 which is on file in the Office of the City Clerk, dated February 13, 2004, 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. Section 3. That the Mayor is hereby authorized to execute the Access Easement in the form for the same dated February 13, 2004, 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. Section 4. That there is hereby appropriated for expenditure from unanticipated revenue in the Natural Areas Fund, the sum of TWO HUNDRED THREE THOUSAND DOLLARS ($203,000), upon receipt, from the Great Outdoors Colorado Trust Fund,for property acquisitions, as a reimbursement under the Legacy Grant Project. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day of March, oe- Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of March 4. Mayor ATTEST: City Clerk EXHIBIT A Legal Description of Property Subject to Conservation Easement A tract of land located in the Northwest Quarter of Section 21,Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado,more particularly described as follows; Considering the east line of the said northwest quarter of Section 21 as bearing South 00 degrees 16 minutes 00 seconds West between a LS 14823 aluminum cap monument at the north quarter corner, and a LS 23513 aluminum cap monument at the center quarter corner of the said Section 21, based upon G.P.S. observation, and with all bearings contained herein relative thereto: Commencing at the said north quarter corner of Section 21; THENCE along the said east line of the northwest quarter, South 00 degrees 16 minutes 00 seconds West for a distance of 574.50 feet to the northeast comer of the City of Fort Collins tract as described and shown on a ALTA/ACSM Land Title Survey Plat completed June 10, 1998, by PLS#23513; THENCE along the north line of the said City of Fort Collins Tract and along the north line of the Hageman Earth Cycle Lease Area the following three(3)courses and distances, (1)North 88 degrees 22 minutes 31 seconds West for a distance of 159.91 feet; (2) South 89 degrees 09 minutes 04 seconds West for a distance of 311.02 feet; (3)North 88 degrees 22 minutes 31 seconds West for a distance of 466.69 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the north line of the Hageman Earth Cycle Lease Area,and along the west and south lines of the said Lease Area the following six(6)courses and distances,(1)South 88 degrees 33 minutes 25 seconds West for a distance of 271.94 feet; (2) South 00 degrees 16 minutes 24 seconds East for a distance of 470.54 feet; (3) North 89 degrees 35 minutes 16 seconds East for a distance of 579.00 feet; (4) North 76 degrees 18 minutes 20 seconds East for a distance of 277.94 feet; (5) South 01 degrees 42 minutes 09 seconds East for a distance of 364.99 feet; (6) South 33 degrees 47 minutes 15 seconds East for a distance of 64.79 feet to the easterly line of the said City of Fort Collins Tract; THENCE along the said easterly line, South 57 degrees 27 minutes 50 seconds West for a distance of 562.48 feet; THENCE continuing along the said easterly line and its southerly prolongation, South 00 degrees 13 minutes 41 seconds West for a distance of 936.60 feet to the south line of the said City of Fort Collins Tract; THENCE along the said south line and along the westerly and north line of the said tract the following nine (9) courses and distances, (1) North 88 degrees 26 minutes 26 seconds West for a distance of 1259.81 feet; (2) North 24 degrees 39 minutes 40 seconds West for a distance of 749.32 feet; (3) North 27 degrees 54 minutes 40 seconds West for a distance of 403.00 feet; (4) North 41 degrees 00 minutes 20 seconds East for a distance of 327.00 feet; (5) South 26 degrees 59 minutes 57 seconds East for a distance of 307.68 feet; (6) North 75 degrees 35 minutes 21 seconds East for a distance of 361.79 feet; (7) North 00 degrees 20 minutes 20 seconds East for a distance of 1267.63 feet; (8) South 88 degrees 22 minutes 31 seconds East for a distance of 878.49 feet; (9) South 04 degrees 02 minutes 31 seconds East for a distance of 312.30 feet to the point of beginning. Containing 68.933 Acres more less. Exhibit B Legal Description of Property Subject to Access Easement Parcel 1: A tract of land located in the NW 1/4 of Section 21,Township 7 North,Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the NW comer of said Section 21; thence S 00°17'23" W, along the West line of the NW 1/4 of said Section 21, 30.01 feet to a point on a line which is parallel to and 30.00 feet distant Southerly at right angles from the North line of the NW 1/4 of said Section 21; thence S 88°14'33" E, along said parallel line, 726.74 feet to the TRUE POINT OF BEGINNING; thence S 88°14'33" E,continuing along said parallel line,352.71 feet;thence S 01'45'27"W,along a line at right angles to the North line of the NW 1/4 of said Section 21, 247.00 feet to a point on a line which is parallel to and 277.00 feet distant Southerly at right angles from the North line of the NW 1/4 of said Section 21;thence N 88°14'33"W, along the last mentioned parallel line,352.71 feet to a point which bears S O1°45'27" W from the true point of beginning; thence N 01'45'27" E, along a line at right angles to the North line of the NW1/4 of said Section 21, 247.00 feet to the TRUE POINT OF BEGINNING. Parcel 2: A tract of land located in the NW 1/4 of Section 21,Township 7 North,Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the NW corner of said Section 21; thence S 00°17'23" W, along the West line of the NW 1/4 of said Section 21, 30.01 feet to a point on a line which is parallel to and 30.00 feet distant Southerly at right angles from the North line of the NW 1/4 of said Section 21; thence S 88°14'33" E, along said parallel line, 1079.45 feet to the TRUE POINT OF BEGINNING;thence S 88°14'33" E, continuing along said parallel line, 586.44 feet to the NW corner of the tract described in Book 1363 at Page 527 of the said Latimer County records; thence S 03°54'33"E, along the West line of said tract, 248.21 feet to a point on a line which is parallel to and 277.00 feet distant Southerly at right angles from the North line of the NWl/4 of said Section 21; thence N 88°14'33" W, along the last mentioned parallel line, 610.95 feet to a point which bears S 01'45'27" W from the true point of beginning; thence N O1°45'27" E, along a line at right angles to the North line of the NW1/4, 247.00 feet to the TRUE POINT OF BEGINNING.