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HomeMy WebLinkAbout146 - 10/02/2001 - AUTHORIZING THE EXECUTION OF A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR A 478.5 POR ORDINANCE NO. 146, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ON AN 478.5 ACRE PORTION OF LONG VIEW FARM OPEN SPACE WHEREAS, in 1997, the City of Fort Collins, together with Larimer County and the City of Loveland, became the owner of approximately 478.5 acres of land located west of College Avenue and south of County Road 32,more particularly described on Exhibit"A", attached hereto and incorporated herein by this reference (the "Property"); and 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,Larimer County,on behalf of the owners of the Property,was awarded a grant from the GOCO Board in the amount of$400,000,to assist with the acquisition of the Property(the "Grant"), of which approximately $132,000 will be paid to the City of Fort Collins; and WHEREAS, as a requirement of the Grant the owners of the Property must execute and record on the title of the Property a deed restriction to protect the Property from uses contrary to the purposes of the Grant; and WHEREAS,the Plan for the Region Between Fort Collins and Loveland as adopted by the Council in Resolution 95-82,identifies the Property as a significant open space area to be protected; and WHEREAS,City Plan,as adopted by the Council in Resolution 97-25,identifies the property as a significant Open Land on the City Structure Plan; 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 is consistent with the goals and objectives of the Natural Areas Policy Plan; and WHEREAS,City staff have reviewed the form of Declaration of Covenants,Conditions and Restrictions, dated September 14, 2001, and on file in the Office of the City Clerk, required by the GOCO Board as a condition of the Grant (the "Declaration"); and WHEREAS, the terms of the Declaration are consistent with the objectives of the City's Natural Areas Policy Plan,the Plan for the Region Between Fort Collins and Loveland,and 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 execution of the Declaration on the Property is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Declaration in substantially the form for the same dated September 14,2001,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 18th day of September,A.D.2001,and to be presented for final passage on the 2nd day of October, A.D. 2001. Mayor ATTEST: e. City Clerk Passed and adopted on final reading this 2nd day of October, A.D. 2001. Mayor ATTEST: - �yc� City Clerk ` EXHIBIT "A" Legal Description Ute Faml/One Putt Property (Portions of Long View Farm) A tract of land located in Section 23, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 23 as bearing South 00116'24" West from a 3" brass cap at the East Quarter corner of said Section 23 to a 3" brass cap at the Southeast corner of said Section 23 and with all bearings contained herein relative thereto: COMMENCING at the Southeast corner of said Section 23; thence along the South line of said Southeast Quarter, South 89°18'09" West 50.01 feet to the West right-of-way line of U.S. Highway 287; thence along said West right-of-way line, North 00°16'24" East, 30.00 feet to the Northerly right-of-way line of 69th Street, said point being the POINT OF BEGINNING; thence along said Northerly right-of-way line, South 89'18'09" West, 100.50 feet to a curve concave to the South having a central angle of 25°37'34", a radius of 305.00 feet and the chord of which bears South 76°29'23" West, 135.28 feet; thence continuing along said Northerly right-of-way line and the arc of said curve 136.41 feet to a point on the South line of said Southeast Quarter of Section 23; thence along the South line , South 89°18'09" West, 2362.39 feet to the South Quarter corner of said Section 23; thence along the South line of the Southwest Quarter of Section 23, North 89°19'35" West, 1306.95 feet to the West 1/16 corner between Section 23 and Section 26; thence, North OO'll'51" East, 2650.27 feet to the Center West 1/16 corner of Section 23; thence, North 0091'54" East, 2636.51 feet to the West 1/16 corner between said Section 23 and Section 14; thence along the North line of the Northwest Quarter of said Section 23, North 89°21'56" East, 1319.70 feet to the North Quarter corner of said Section 23; thence along the North line of the Northeast Quarter of said Section 23, North 89°29'53" East, 2588.28 feet to a point on the West right-of-way line of said U.S. Highway 287; thence along said West line, South 00°16'06" West, 2654.25 feet; thence continuing along said West line, South 0096'24" West 2623.63 feet to the Point of Beginning. EXCEPT: A tract of land located in the Northeast Quarter of Section 23, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 23 as bearing South 00°16'06" West from a 3" brass cap at the Northeast comer of said Section 23 to a 3" brass cap at the East Quarter comer of said Section 23 and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 23; thence, South 89°42'32" West, 50.00 feet to the West right-of-way line of U.S. Highway 287, said point being the POINT OF BEGINNING; thence along said West right-of-way line South 00°16'24", West, 25.25 feet; thence, South 89°42'32" West, 41.82 feet to a point on a curve concave to the Southeast having a central angle of 54°45'22", a radius of 610.00 feet and the chord of which bears South 62019150" West, 561.03 feet; thence along the arc of said curve 582.96 feet; thence along a non-tangent line, North 55°02'52" West 279.71 feet; thence, North 27044'06" West 137.30 feet; thence South 89°42'32" West, 812.49 feet; thence, North 00°17'28" West 1006.92 feet; thence, North 62°19'19" East, 680.61 feet; thence, North 89°42'32" East, 1053.02 feet to a point on the West right-of-way line of U.S. Highway 287; thence along said West right-of-way line, South 0096'06" West, 1320.07 feet to the Point of Beginning, County of Larimer, State of Colorado.