Loading...
HomeMy WebLinkAbout040 - 03/07/2006 - AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY (ROUND BUTTE RAN ORDINANCE NO. 040, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY(ROUND BUTTE RANCH PHASE I) TO LARIMER COUNTY AND AUTHORIZING A RELATED GRANT AGREEMENT WITH THE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND 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 City has contracted to acquire Round Butte Ranch, a property 1,360 acres in size to the south of Soapstone Prairie Natural Area and located along County Road 15; and WHEREAS,the GOCO Board has approved a grant to the City to support the conservation of Phase I of Round Butte Ranch, which is 640 acres in size and is more particularly described as: All of Section 19, Township 11 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado (the"Phase I Property"), in the amount of$216,000, which is a substantial share of the City's cost to acquire and conserve that property; and WHEREAS,in order to issue said grant,the GOCO Board will require that the City enter into a grant agreement setting forth the City's obligations in connection with the grant; and WHEREAS,a copy ofthe grant agreement required by the GOCO Board,dated February 17, 2006, is on file in the office of the City Clerk and available for public inspection (the "Grant Agreement"); and WHEREAS, as a requirement of the grant,the City must convey to an approved third party, in this instance Larimer County, a conservation easement intended to protect the Phase I Property from uses contrary to the purposes of the GOCO Board's grant program; and WHEREAS, staff has negotiated with the staff of the GOCO Board and Larimer County certain conservation easement terms and conditions to which the Phase I Property shall upon conveyance be subject, a copy of which conservation easement, dated February 17, 2006,is on file in the Office of the City Clerk and available for public inspection(the"Conservation Easement"); 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 Phase I Property to Larimer County is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Grant Agreement, in substantially the form for the same dated February 17, 2006, and on file in the Office of the City Clerk,subject to such modifications,amendments or additions thereto as may be determined by the City Manager, in consultation with the City Attorney, to be necessary or appropriate to protect the interests of the City. Section 3. That future amendments to the Grant Agreement not otherwise provided for herein may be approved by the Council by resolution rather than by Ordinance. Section 4. That the Mayor is hereby authorized to execute the Conservation Easement in substantially the form for the same dated February 17, 2006, 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 21 st day of February, A.D. 2006, and to be presented for final passa o the 7th day of Mazc /A. 2 06. Mayo City Clerk ��— Passed and adopted on final reading this 7th d rch MayorU ATTEST: City Clerk