HomeMy WebLinkAbout098 - 10/07/2003 - AUTHORIZING THE TRANSFER OF A 151-ACRE PORTION OF THE RESOURCE RECOVERY FARM FROM THE WASTEWATER UTI ORDINANCE NO. 098, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE TRANSFER OF
A 151-ACRE PORTION OF THE RESOURCE RECOVERY FARM
FROM THE WASTEWATER UTILITY
TO THE NATURAL AREAS PROGRAM
IN EXCHANGE FOR A TOTAL PAYMENT AMOUNT OF $1,890,306
WHEREAS, the City of Fort Collins is the owner of that certain real property located in
Fort Collins and known as the Resource Recovery Farm, which was purchased by the
Wastewater Utility for Wastewater Utility purposes (the "Resource Recovery Farm"); and
WHEREAS, the Resource Recovery Farm, which is located southwest of the intersection
of Interstate 25 and Prospect Road, was developed in 1982 by the Wastewater Utility for use as a
beneficial reuse site for wastewater biosolids; and
WHEREAS, as the city has grown, the Resource Recovery Farm has become a less
desirable location for its originally intended use, and in 1993 the Wastewater Utility began
shifting its biosolids reuse operation to its Meadow Springs Ranch property; and
WHEREAS, the Wastewater Utility discontinued use of the Resource Recovery Farm for
its biosolids operation in the year 2000, having completed its relocation of the program to
Meadow Springs Ranch; and
WHEREAS, City staff has determined that there is no longer a wastewater related use
appropriate for the Resource Recovery Farm, except as expressly set forth herein; and
WHEREAS, in March 1998, the City Council approved Resolution 98-43, authorizing a
50-year Intergovernmental Agreement with Colorado State University that required that portions
of the Resource Recovery Farm be used and developed in accordance with the "Poudre River
Environmental Learning District Conceptual Land Use Plan" (the "IGA"); and
WHEREAS, in March 2000, the City Council approved Ordinance No. 199, 1999,
authorizing the conveyance of a mining lease on the western portion of the Resource Recovery
Farm for sand and gravel mining purposes (the "Mining Lease"), which Ordinance further noted
that the 174-acre site subject to the Mining Lease had a total fair market value of $1,270,000,
and that in exchange for a payment of the first of three installments in the amount of $540,000,
the first of three portions of said site would be transferred to the Natural Areas program from the
Wastewater Utility; and
WHEREAS, the Wastewater Utility has now received all payments due from the Natural
Areas program in the total amount of $ 1,270,000 for the Mining Lease site, along with the
associated 3.6 shares of Lake Canal Irrigation company, and a portion of said site has now been
named and is in use by the public as Running Deer Natural Area; and
WHEREAS, the Wastewater Utility is currently in the process of marketing for sale the
25-acre portion at the far northeast of the Resource Recovery Farm known as Field One, which
is excluded from the terms of the IGA and which offers more development and revenue-
generation potential for the Utility("Field One"); and
WHEREAS, Natural Areas program staff has determined that the remaining 151-acres of
the Resource Recovery Farm not previously transferred to the Natural Areas program and to the
south of Field One offers natural area and open space values of sufficient significance to warrant
purchase of that property, more specifically described on Exhibit "A", attached hereto and
incorporated herein by this reference (the "Property"), for its appraised value; and
WHEREAS, the Property was appraised in October 2002 to have a fair market value of
$1,860,000; and
WHEREAS, Utility and Natural Areas staffs have proposed that the funds for the
Property be paid to the Wastewater Fund in three installments, the first installment in the amount
of$620,000 to be paid on or before November 1, 2003, and the remaining two, in the amount of
$635,153 each, to be paid on or before November 1 of the next two years; and
WHEREAS, the total amount to be paid for the Property, $1,890,306, reflects the
addition of total interest in the amount of$30,306, based on an annual interest rate of 1.625% on
the amounts due in future years from November 1, 2003; and
WHEREAS, certain buildings located on the Property are currently in use by the
Wastewater Utility, and, in order to allow for a smooth transition from this use of the Property,
staff has proposed that the Wastewater Utility's use of the buildings be allowed to continue
through December 1, 2003; and
WHEREAS, in order to avoid the creation of impediments to the sale and development of
Field One, and to preserve the revenue generating potential of Field One for the Wastewater
Utility, Wastewater Utility staff has requested that the transfer of the Property to the Natural
Areas program be subject to the acknowledged future need for access and utility easements or
other easements across the Property for the sale and development of Field One, which easements
will be subject to City Council approval by ordinance; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of real property owned by the City, including
leasing of the property, provided the Council first finds by ordinance that any sale or disposition
of real property owned by the City will not materially impair the viability of any City utility
system as a whole of which the property is a part, will be for the benefit of the City's citizens,
and will be in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the transfer of the Property from the Wastewater Utility, consistent with
the terms and conditions set forth herein, will not materially impair the viability of the City's
wastewater utility as a whole, and will be for the benefit of the City's citizens, and in the best
interests of the City.
Introduced, considered favorably on first reading, and ordered published this Ist day of
July, A.D. 2003, and to be presented for final passage on the 7th day of October, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of October , A.D,.2003.
Mayor
A EST:
l e
City Clerk
EXHIBIT "A"
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS RESOURCE:
RECOVERY FARM
A tract of land located in Sections 21, 22, 27 and 28 , Township 7
North, Range 66 West of the Sixth Principal Meridian, Larimer
County, Colorado, the said tract is also a portion of that certain
tract of land described in a Warranty Deed recorded October 2, 1979
in Book 1992 at Page 280 records of the Clerk and Recorder of the
said Larimer County, the said tract is also a portion of that
certain tract of land described in Exhibit "Ell as attached to an
Easement Agreement Recorded September 6, 1995 ZLt Reception No.
95055231 records of the said Clerk and Recorder, being more
particularly described as follows;
Considering the south line of the Southeast quarter of Section 21
as bearing North 88 degrees 44 minutes 39 seconds West between a LS
20685 Aluminum Cap monument at the south quarter corner of the said
Section 21 and a LS 17497 Aluminum Cap monument at the southeast
corner of Section 21, based upon G. P .S. observation and with all
bearing contained herein relative thereto;
Commencing at the Southeast Corner of the said Section 21;
THENCE along the south line of the said southeast quarter,
North 88 degrees 44 minutes 39 seconds West fcr a distance of
300 . 61 feet to the TRUE POINT OF BEGINNING of this description;
THENCE leaving the said south line, South 19 degrees 13
minutes 46 seconds East- for a distance of 84 .31 feet;
THENCE South 04 degrees 13 minutes 14 seconds East for a
distance of 593 .72 feet;
THENCE. South 23 degrees 43 minutes 07 seconds East for a
distance of 336 .44 feet;
THENCE. South 36 degrees 26 minutes 05 seconds East for a
distance of 422 .60 feet;
THENCE North 62 degrees 39 minutes 07 seconds East for a
distance of 28 .49 feet;
THENCE South 39 degrees 56 minutes 06 se.conds East for a
distance of 94 . 04 feet;
THENCE North B7 degrees 25 minutes 24 seconds East for a
distance of 159 . 71 feet;
THENCE South 59 degrees 25 minutes 23 seconds East for a
distance of 135 . B3 feet;
THENCE South 03 degrees 16 minutes 50 se:c:onds East for a
distance of 107 . 19 feet;
THENCE North 85 degrees 41 minutes 26 seconds East for a
distance of 48 .38 feet ;
TIIENCE North 43 degrees 51 minutes 33 seconds East for a
distance of 68 .66 feet to the westerly right of way of I-25 as
ohown on a Boundary Survey of the Strauss Cabin Trailhead Property
performed by LS17497 (myself) for the said City of Fort: Collins in
October 1986 ;
THENCE along the said westerly right of way the following
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three (3) courses and distances, (1) North 12 degrees 32 minutes 55
seconds West for a distance of 891 . 19 feet;
(2) North 02 degrees 42 minutes 21 seconds West for a distance
of 304 .35 feet;
(3) North 12 degrees 25 minutes 28 seconds West for a distance
of 321 . 64 feet ;
THENCE continuing along the said westerly right of way as
shown on a survey by LS14823 and as defined in the property
description shown in the said Book 1992 at Page 280 the following
seven (7) courses and distances, (1) North 12 degrees 38 minutes 14
• seconds West for a distance of 968 . 84 feet ;
(2) North 25 degrees 25 minutes 54 seconds West for a distance
of 425 . 50 feet;
(3 ) along a curve to the right having a radius of 11680 .00
feet a central angle of 03 degrees 00 minutes 01 a conds and an arc
length of 611. 62 feet, being subtended by a chord of North 09
degrees 52 minutes 54 seconds West for a distance of 611 , 55 feet;
(4) North 06 degrees 05 minutes 36 seconds East for a distance
of 417 .50 feet;
(5) along a curve to the right having a radius of 11583 . 00
feet a central angle of 06 degrees 33 minutes 06 seconds and an arc
length of 1324 .49 feet, being subtended by a chord of North 03
degrees 07 minutes 19 seconds West for a distance of 1323 , 77 feet;
(6) North 00 degrees 11 minutes 08 seconds East for a distance
of 53 . 90 feet;
(7) North 06 degrees 05 minutes 24 seconds West for a distance
of 345 . 66 feet to the north line of a PerMZLllent Easement as
recorded in Resolution 88-66 recorded June 13 , 1988 at Reception
No. BB026B0B records of the said Clerk and Recorder;
THENCE. along the said north line and along the east line of
the said easement recorded at Reception No. 88026808 the following
seven (7) courses and distances, (1) South 89 degrees 57 minutes 13
seconds West for a distance of 1059 . 64 feet;
(2) North 36 degrees 10 minutes 43 seconds West for a distance
of 3.17 . 93 feet ;
(3) North 17 degrees 41 minutes 20 seconds East for a distance
of 404 .31 feet;
(4) along a curve to the left having a radius of 612 . 96 feet
a central angle of 40 degrees 05 minutes 20 seconds and an arc
length of 428 . B8 feet, being subtended by a chord of North 02
degrees 23. minutes 20 seconds West for a distance of 620. 18 feet;
(5) North 22 degrees 24 minutes 00 seconds West for a distance
of 110 . 41 feet;
(6) along a curve to the right having a rac.i.us of 532 . 96 feet
a central angle of 14 degrees 20 minutes 52 s.e:conds and an arc
length of 133 .46 feet, being subtended by a chord of North 15
degrees 13 minutes 34 seconds West for a distance of 133 .11 feet;
(7) non-tangent from the previous curve, Ncrth 44 degrees 22
minutes 29 seconds East for a distance of 1:36 . 14 feet to the
existing south right- of way of East Prospect Rca.d;
THENCE along the said south right of way, being a line which
is 30 . 00 feet (measured at right angles) south of and parallel with
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the north line of the said northeast quarter of the said Section
21, North 90 degrees 21 minutes 25 seconds West for a distance of
394 . 38 feet to the east line of that certain tract of land
described in a Special Warranty Deed recorded May 1, 1997 at
Reception No. 97026804 records of the said Clerk and Recorder;
THENCE along the said east line, South 32 degrees 18 minutes
02 seconds East for a distance of 560.68 feet to the south line of
the said tract described at Reception No. 97026804 ;
THENCE, along the said south line, South 88 degrees 25 minutes
55 seconds West for a distance of 127 . 80 feet to the east line of
the Mining and Reclamation Agreement Regarding Resource Recovery
Farm Property as filed with the Clerk' s Office of the said City of
Fort Collins having an "effective date" of April 24, 2000;
THENCE along the said east line of the Mining and Reclamation
Agreement the following three (3) courses and distances, (1) South
O1 degrees 12 minutes 28 seconds West for a distance of 3588 . 51
feet;
(2) South 39 degrees 41 minutes 47 seconds East for a distance
of 229 .49 feet;
(3) South 06 degrees 41 minutes 55 seconds East for a distance
of 1197 . 3.0 feet to the north line of that certain tract of land
described in a Bargain and Sale Deed recorded September 6, 1995 at
Reception No. 95055229 records of the said Clerk and Recorder;
TIIFNCE along the said north line, South 88 degrees 40 minutes
11 seconds East for a distance of 103 .42 feet to the northerly line
of that certain tract of land described in a Bargain and Sale Deed
recorded September 6, 1995 at Reception No. 95055230 records of the
said Clerk and Recorder;
THENCE along the said northerly line, North 61 degrees 21
minutes 01 seconds East for a distance of 306 .09 feet to the said
south line of the southeast quarter of Section 21;
THENCE along the said south line, South e8 degrees 44 minutes
39 seconds East for a distance of 564 . 61 feet to the point of
beginning.
Containing 156 .487 Gross Acres more less . The above described tract
is subject to the said Easement granted at Reception No. 88026808 .
The said easement contains 5 ,118 acres more or less . The net area
for the above described tract is 151 .369 acres more or less .
The above described tract is also subject to any other easements
and rights of ways now existing or of record that encumber the
property.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. This description is based upon previously compiled
descriptions and not upon a actual field survey.
WALLACE C. MUSCOTT COI,ORADO P.L.S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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