HomeMy WebLinkAbout194 - 12/21/2004 - APPROPRIATING THE VALUE OF A CONSERVATION EASEMENT ON RED MOUNTAIN RANCH DONATED TO THE CITY BY LARI ORDINANCE NO. 194, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING THE VALUE OF A CONSERVATION EASEMENT
ON RED MOUNTAIN RANCH DONATED TO THE CITY BY LARIMER COUNTY
AS UNANTICIPATED REVENUE IN THE NATURAL AREAS FUND
WHEREAS, Larimer County intends to purchase fee title to approximately
13,500 acres of land known as the Red Mountain Ranch located in Townships IIN & 12N,
Ranges 69W and 70W of the 6th P.M. County of Larimer, State of Colorado; and
WHEREAS, Larimer County, as a condition of the acceptance of Great Outdoors
Colorado ("GOCO") funding for the purchase of fee title to Red Mountain Ranch, must
encumber said property with a GOCO-approved Conservation Easement, in substantially the
form of a Conservation Easement, dated December 3, 2004, which is on file in the office of the
City Clerk and available for public inspection; and
WHEREAS, GOCO requires that the Conservation Easement be held by a third party that
is qualified under federal and state tax law to hold conservation easements; and
WHEREAS, the City is such a qualified third party, and Larimer County has requested
that the City accept a donation of the Conservation Easement on Red Mountain Ranch; and
WHEREAS, City staff has reviewed the Conservation Easement on Red Mountain
Ranch, and recommends that the City accept the donation of the Conservation Easement as
consistent with, and an advancement of, the City's Natural Area program purposes; and
WHEREAS, the northerly portion of Red Mountain Ranch abuts and is adjacent to the
City's Soapstone Ranch property, and preservation and protection of the conservation values on
that portion of Red Mountain Ranch will directly benefit the conservation values of the
Soapstone Ranch property; and
WHEREAS, Larimer County intends in the future to arrange for an exchange of its fee
title interest in approximately 8,500 acres of Red Mountain Ranch to a third party, subject to the
Conservation Easement, in exchange for a conservation easement on additional lands adjoining
Red Mountain Ranch; and
WHEREAS, in the event such an exchange is arranged, Larimer County will then request
that the City agree to remove from the Conservation Easement the southerly portion of Red
Mountain Ranch, while the City retains its Conservation Easement on the northerly portion of
Red Mountain Ranch, which Larimer County will continue to own; and
WHEREAS, at such time as this future modification of the Conservation Easement is
desired, City Council approval will be required and requested; and
WHEREAS, based on the total purchase price of Red Mountain Ranch, the estimated
value of the donated Conservation Easement to the City on the approximately 5,000 acres that
will remain subject to a City Conservation Easement is $2,000,000; 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 current estimate of actual and
anticipated revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the donated conservation
easement, 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, on December 7, 2004, the City Council adopted Resolution 2004-??,
authorizing the acceptance of the donation of the Conservation Easement from Larimer County
for natural areas purposes; and
WHEREAS, it is the desire of the Council to appropriate $2,000,000 of unanticipated
revenue in the form of a donation of an interest in land in the City's Natural Areas Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in
the Natural Areas Fund the sum of TWO MILLION DOLLARS ($2,000,000) for Natural Areas.
Introduced, considered favorably on first reading, and ordered published this 7th day of
December, A.D. 2004, and to be presented for final passage on the 21st day of December, A.D.
2004.
ATTEST: ayor
City Clerk
Passed and adopted on final reading this 21st day of December, A.D. 2004.
Mayor
ATTEST:
e
City Clerk