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HomeMy WebLinkAbout024 - 03/21/1995 - AUTHORIZING THE PURCHASE OF 103 ACRES FOR NATURAL AREA PURPOSES AND CONVEYANCE OF CONSERVATION EASEM ORDINANCE NO. 24, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASE OF 103 ACRES OF LAND FOR NATURAL AREA PURPOSES AND THE CONVEYANCE OF A CONSERVATION EASEMENT WHEREAS, one of the objectives of the Natural Areas Policy Plan as adopted by the City Council is to establish a system of publicly owned natural areas to: protect the integrity of critical conservation sites; protect corridors between natural areas: preserve outstanding examples of Fort Collins' diverse natural heritage; and provide a broad range of opportunities for educational, interpretive, and recreational programs to meet community needs; and WHEREAS, Greenstone, Inc., ("Greenstone") is the owner of approximate 103 acres of land located in southeast Fort Collins in the vicinity of Timberline Road and County Road 32, which real property is legally described on Exhibit"A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Greenstone has agreed to sell the Property to the City for $386,000; and WHEREAS, the City and Greenstone have entered into an Agreement of Purchase and Sale of Real Property dated March 7, 1995, (the "Agreement'), setting forth the City's offer to purchase the Property from Greenstone for$386,000; and WHEREAS, in the Agreement, Greenstone has agreed to sell the Property to the City on the condition that, within ninety (90) days of the closing of the Agreement, the City convey a conservation easement on the Property to a qualified land trust (a non-profit corporation organized for the purpose of acquiring and maintaining conservation easements) to insure that the Property is used in perpetuity as a public natural area; and WHEREAS, under Section 23-111(a) of the Code, the Council is authorized to convey an interest in real property owned by the City provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, the purchase of the Property will help the City meet the objectives of the City's Natural Areas Policy Plan and will meet the Council policy of maintaining open spaces between Loveland and Fort Collins; and WHEREAS, in the November 1992 General Election,the citizens of the City of Fort Collins approved a one-quarter cent sales tax for the purpose of acquisition and maintenance of natural areas; and WHEREAS, sufficient funds are available and appropriated in the Natural Areas Project in the Capital Projects Fund to fund the purchase price of the Property, and additional funds are available in the Capital Projects Fund for maintenance of the Property following acquisition; and WHEREAS, the Natural Resources Advisory Board and the Parks and Recreation Board recommended to the Council that the acquisition of the Property be completed; and WHEREAS, the Agreement is contingent upon Council approving the Agreement by an Ordinance adopted by Council on second reading on or before April 4, 1995. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the purchase of the Property pursuant to the terms of the Agreement is in the best interests of the City. Section 2. That the Agreement is hereby approved. Section 3. That the Mayor be, and hereby is, authorized to execute such agreements, instruments of conveyance, and other documents as are necessary for the City to convey a conservation easement on the Property to a qualified land trust,pursuant to the terns and conditions of the Agreement. Section 4. That the City Manager be,and hereby is,authorized to execute future addenda to the Agreement to extend the closing date under the Agreement if such extension is, in the judgment of the City Manager, reasonably necessary to accomplish the City's purchase of the Property and to accomplish the City's conveyance of the conservation easement to a qualified land trust. Introduced, considered favorably on first reading, and o d published th y of March, A.D., 1995, and to be presented for final passage o e 21 day of Ma A.D., 95. or ATTEST: City Clerk Passed and adopted on final reading this 21st day of ch;�2., 1995 Mayor ATTEST: City Clerk EXHIBIT A LEGAL DESCRIPTION THE SE 1/4 OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., LYING EAST OF THE EASTERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, COUNTY OF LARIMER, STATE OF COLORADO.