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HomeMy WebLinkAbout152 - 10/16/2001 - AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF AN UNDIVIDED INTEREST IN THE SAUER OPEN SPACE CON ORDINANCE NO. 152, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO LEGACY LAND TRUST OF AN UNDIVIDED INTEREST IN THE SAUER OPEN SPACE CONSERVATION EASEMENT, AUTHORIZING A GRANT AGREEMENT WITH GREAT OUTDOORS COLORADO, AND AUTHORIZING THE AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND LOVELAND FOR THE SAUER OPEN SPACE WHEREAS,the Board of the Great Outdoors Colorado Trust Fund("GOCO")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 GOCO and directs GOCO to invest those proceeds in the State's parks, wildlife, open space and recreational resources; and WHEREAS,on May 20, 1998,the City of Fort Collins was awarded a grant from GOCO in the amount of$500,000 (the "Grant"), to assist with the acquisition of approximately 785 acres of land located south of Fort Collins and west of Taft Hill Road,more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS,pursuant to Resolution 2000-50,approved by the Council on March 21, 2000, the City entered into an Intergovernmental Agreement with the City of Loveland and Larimer County regarding the Property(the"IGA"), a copy of which IGA is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, in addition to determining the relative payment and ownership shares of the parties, the IGA provides that the City of Loveland will manage the Property, primarily for agricultural, open space and natural area purposes, and further indicates that Loveland may seek to locate on the Property in the future stormwater detention ponds compatible with the open space uses of the Property; and WHEREAS, the IGA further provides for the use of the Grant for the acquisition of the Property, in exchange for the imposition of a deed restriction or conservation easement to protect the Property from uses contrary to the purposes of the Grant; and WHEREAS,in May,2000,the City of Fort Collins and the City of Loveland became the co- owners of the Property, pursuant to the IGA; and WHEREAS, at the time of acquisition of the Property, the parties were in the process of negotiating among themselves and with GOCO a conservation easement on the Property for the benefit of Latimer County as easement holder, which was approved by the City Council by its adoption of Ordinance No. 42, 2000, on May 2, 2000 (the "Conservation Easement"); and WHEREAS, since the time of adoption of Ordinance No. 42, 2000, the interested parties have been working to respond to the requirements of GOCO,which has determined that aparty other than or in addition to Larimer County must be entitled to enforce the conservation easement; and WHEREAS,the parties have been working with Legacy Land Trust(formerly Larimer Land Trust) to arrange for Legacy Land Trust to have an interest in and the ability to enforce the Conservation Easement, although it has not yet been determined at the time of this Ordinance whether the County may simply assign an interest in the Conservation Easement to Legacy Land Trust, or if GOCO will require that the Land Trust be made a co-grantee of the Conservation Easement; and WHEREAS,GOCO has further objected to the potential placement of stormwater detention ponds on the Property, and as a result,the parties are in the process of either modifying the IGA to eliminate the reference to potential stormwater detention ponds,or modifying the legal description of the property to be subject to the Conservation Easement,so that a portion of the Property that may be used for such detention ponds is excluded from the Conservation Easement; and WHEREAS, depending upon the choices among the various alternatives described above, in order to make the IGA consistent with the final conveyances and conditions as required by GOCO, the parties may need to modify the IGA, consistent with this Ordinance; and WHEREAS, in order to finalize the arrangements for the Grant, the City must enter into a Grant Agreement with GOCO,the form of which is dated September 28, 2001,and is on file in the Office of the City Clerk(the "Grant Agreement"); and WHEREAS, adoption of this Ordinance is critical in order to allow Larimer County to complete the documentation related to the Property no later than October 31, 2001, as required in connection with Larimer County's bonded financing of the acquisition of open lands properties;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,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, such as a grant agreement, as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Mayor is hereby authorized to enter into the Grant Agreement, upon the terms and conditions described above and such other terms and conditions, or subsequent modifications or amendments, as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and effectuate the purposes set forth herein,with the express Council intent being that future amendments to the Grant Agreement not otherwise provided for herein must be approved by the Council by resolution. Section 2. That the grant of the Conservation Easement on the Property to Latimer County and to Legacy Land Trust,either as a grantee thereof,or as the assignee of Latimer County, is in the best interests of the City of Fort Collins. Section 3. That the Mayor is hereby authorized to execute a Deed of Conservation Easement in substantially the form for the same dated September 28,2001,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, and further to execute such additional deeds, consents, assignments, or other documents as may be necessary to cause the conveyance or assignment to Legacy Land Trust of an enforceable interest in the Conservation Easement. Section 4. That the Mayor is further hereby authorized to execute amendments to the IGA consistent with this Ordinance,together with such other provisions as may be recommended by the City Manager, in consultation with the City Attorney, to protect the interests of the City and effectuate the purposes of this Ordinance, with the express Council intent being that future amendments to the IGA not otherwise provided for herein must be approved by the Council by resolution. Introduced, considered favorably on first reading, and ordered published this 2nd day of October, A.D. 2001, and to be presented for final passage on the 16th day of October, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of October, A.D. 2001. Mayor rem Toxv1 ATTEST: City Clerk EXHIBIT "A" Legal Description of a parcel of land being portions of Sections 21 and 28, Township 6 North, Range 69 West of the Gth Principal Meridian, Lorimer County, Colorado being more particularly described as follows: Beginning at the Southwest Corner or sold Section 28 and considering the West line of the Southwest Quarter of sold Section 28 an bearing South 00'03'32' West and with all bearings contained herein relative thereto; thence along the South line of the Southwest Quarter or sold Section 28 North 89'36'54' East 50.00 feet; thence departing said South line North 00'03'32" East 1013.51 feet; thence North 89'50'35' East 2626.58 feet to a point on the North—South centerline of sold Section 28: thence along sold North—South centerline North 00'05'42" West 1153.00 feet; thence departing said North—South'centerline North 89.50'35' East 2674.10 feet to a point on the East line of the Southeast Quarter of sold Section 28; thence along sold East line North 00'14'02' West 529.32 feet to the East One Quarter Comer of sold Section 28; thence along the East line of the Northeast Quarter of sold Section 28; North 0014*13' West 2651.13 feet to the Northeast Corner of said Section 28; thence along the East line of the Southeast Quarter of said Section 21 North 00'12'58' West 2626.00 feet to the East One Quarter Comer of sold Section 21, thence along the East—West cenlerlins of sold Section 21 South 89'53'47" West 2660.74 feet to the center One Quarter Comer of said Section 21; thence continuing along Bald East— West centerline South 89'53'38" West 2708.47 feet to the West One Quarter Comer of sold Section 21; thence along the West line of the Southwest Quarter of said Section 21 South 01'00'49' East 2636.00 feet to the Southwest Comer of said Section 21; thence along the West line of the Northwest Quarter of the Northwest Quarter of said Southwest Quarter of theetion 28 Northwa touth Quarter0of said Section 8o thence song the West line omer of the ne of the Southwest Quarter of the Northwest Quarter of said Section 28 South 00'00'43' West 1335,51 feet to the West One Quarter Corner of sold Section 28: thence along the West line of the Southwest Quarter of sold Ilon 28 South 00003'32" West 2670.98 feet to the POINT OF BEGINNING. The above deserlbod tract of land contains 784.751 acres more or less and is subject to the right—of—way for Lorimer County Rood No. 19 and all other casements and rights—of—woy of record.