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HomeMy WebLinkAbout128 - 11/06/2007 - AUTHORIZING THE CONVEYANCE OF 143 ACRES OF LAND TO COLORADO STATE UNIVERSITY RESEARCH FOUNDATION IN ORDINANCE NO. 128, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF 143 ACRES OF LAND TO COLORADO STATE UNIVERSITY RESEARCH FOUNDATION IN EXCHANGE FOR 267 ACRES OF LAND ADJACENT TO RESERVOIR RIDGE NATURAL AREA WHEREAS, Colorado State University Research Foundation("CSURF") is a private, not- for-profit Colorado Corporation established in 1941 to aid and assist Colorado State University(as well as Colorado State University Pueblo) in its research and educational efforts; and WHEREAS, CSURF has proposed to convey to the City 267 acres of land adjacent to the City's Reservoir Ridge Natural Area, as shown on Exhibit"A", attached hereto and incorporated herein by this reference (the"Foothills Property"), which the City desires to acquire as an addition to the City's Natural Areas system; and WHEREAS, in exchange for CSURF's conveyance of the Foothills Property, CSURF has proposed to acquire from the City a 143-acre portion of an area originally acquired by the City's Wastewater Utility for wastewater purposes, commonly referred to as the "Resource Recovery Farm,"more particularly described on Exhibit`B", attached hereto and incorporated herein by this reference (the"RRF Property"); and WHEREAS, in 2003, 151 acres of the RRF Property was transferred from the Wastewater Utility to the Natural Areas program in exchange for payments to the Wastewater Utility Fund for the value of that land, and CSURF has requested that the City convey to it a 1 18-acre portion of that property as part of the consideration for the Foothills Property; and WHEREAS, in 2006, another 25 acres of the RRF Property was transferred to the City's General Fund by the Wastewater Utility for general municipal purposes in exchange for a payment to the Wastewater Utility Fund for the value of that land,and CSURF has requested that the City also convey that parcel to the City as further consideration for the Foothills Property; and WHEREAS, CSURF has agreed to accept the conveyance of these two parcels, which together constitute the RRF Property, under a deed that will restrict the development of the RRF Property and retain for the City a right of first refusal if CSURF seeks to convey the RRF Property to a tax-exempt entity in the future; and WHEREAS,the City's Real Estate Services staff has determined that the Foothills Property and the RRF Property have equivalent values of approximately$4 million each; and WHEREAS, in light of the mutual benefits of an exchange of these properties, the staff of the City and CSURF have negotiated an exchange agreement, a copy of which, dated October 5, 2007, is on file and available for public inspection in the Office of the City Clerk(the"Exchange Agreement"), which agreement calls for CSURF to convey to the City the Foothills Property in exchange for the conveyance by the City to CSURF of the RRF Property, subject to the deed restrictions and reservations described above and in the Exchange Agreement; and WHEREAS, the acquisition of the Foothills Property for the City's Natural Areas program would be consistent with the Land Conservation and Stewardship Master Plan adopted by the Council in Resolution 2004-092 on July 20, 2004; 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 RRF Property to CSURF, subject to the deed restrictions described herein and further subject to the terms and conditions contained in the Exchange Agreement, as such Agreement may be modified under Section 2 below, is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such deeds, agreements and other documents of conveyance as provided in the Exchange Agreement, 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, including any necessary corrections to the legal descriptions shown thereon that do not materially increase the size or change the character of the intended properties to be exchanged. Introduced, considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for final passage on the 6t ay of November,A.D. 2007. May ATTEST: City Clerk -2- Passed and adopted on final reading on the 6th day of N ber, A.D. 2007. Mayo ATTEST: �. City Clerk -3- Exhibit A i air I d 267 Acres II I A . z( s §� ' '1� f ' 4"'S• } n�q t� Y�A " ExistingBuildo s New Buildings wvap 9 9 Board of Gmemors Lands G GSURF Lands /lam Foothills Campus Illustrative Plan {}} Revision 2a W Exhibit B LEGAL DESCRIPTIONS CITY OF FORT COLLINS PARCELS TO BE CONVEYED TO CSURF (Parcel I and Parcel 11) PARCELI A tract of land located in Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the north line of the Northeast quarter of Section 21 as bearing North 88 degrees 21 minutes 25 seconds West between a Brass Cap monument, L.S. 14823, at the northeast corner of the said Section 21 and a Aluminum Cap monument, L.S. 14823, at the north quarter corner of Section 21, based upon G.P.S. observation and the City of Fort Collins coordinate base, and with all bearing contained herein relative thereto; Commencing at the Northeast Corner of the said Section 21; THENCE along the north line of the said northeast quarter, North 88 degrees 21 minutes 25 seconds West for a distance of 1241.97 feet; THENCE South 01 degrees 38 minutes 35 seconds West for a distance of 30.00 feet to the northeast corner of the Easement and Controlled Access Agreement described in Resolution 88-66 and recorded June 13, 1988 at Reception No. 88026808 records of the Clerk and Recorder of the said Larimer County; THENCE along the easterly line of the said Easement and Controlled Access Agreement described in Resolution 88-66, South 44 degrees 22 minutes 29 seconds West for a distance of 37.44 feet to the south line of that certain tract of land described in a Quit Claim Deed recorded June 5, 2006 at Reception No. 20060041498 records of the said Clerk and Recorder, Parcel 10, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the south line of the said tract described at Reception No. 20060041498, South 88 degrees 21 minutes 25 seconds East for a distance of 340.24 feet (recorded as 339.85 feet) to the northerly line of that certain tract of land as described in a Warranty Deed recorded October 2, 1979 in Book 1992 at Page 0280 records of the said Clerk and Recorder; THENCE along the said northerly line and along the easterly line of the said tract described in Book 1992 at Page 0280 the following five (5) courses and distances, (1) South 61 degrees 41 minutes 15 seconds East for a distance of 41.53 feet; (2) North 89 degrees 36 minutes 16 seconds East for a distance of 327.82 feet; (3) South 36 degrees 48 minutes 56 seconds East for a distance of 80.95 feet; (4) South 17 degrees 44 minutes 53 seconds East for a distance of 789.49 feet; (5) South 06 degrees 05 minutes 24 seconds East for a distance of 358.54 feet to the northerly line of the said Easement and Controlled Access Agreement described in Resolution 88-66; THENCE along the said northerly line and along the easterly line of the said Page 1 of 5 Easement and Controlled Access Agreement described in Resolution 88-66 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 117.93 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 428.88 feet, being subtended by a chord of North 02 degrees 21 minutes 20 seconds West for a distance of 420.18 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 radius of 532.96 feet, a central angle of 14 degrees 20 minutes 52 seconds 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, North 44 degrees 22 minutes 29 seconds East for a distance of 98.70 feet to the point of beginning. The above described tract contains 24.932 Acres more or less and is subject to all rights of way and easements now existing or of record. PARCELII A tract of land located in Sections 21 and 22, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the north line of the Northeast quarter of Section 21 as bearing North 88 degrees 21 minutes 25 seconds West between a Brass Cap monument, L.S. 14823, at the northeast corner of the said Section 21 and a Aluminum Cap monument, L.S. 14823, at the north quarter corner of Section 21, based upon G.P.S. observation and the City of Fort Collins coordinate base, and with all bearing contained herein relative thereto; Commencing at the Northeast Corner of the said Section 21; THENCE along the north line of the said northeast quarter, North 88 degrees 21 minutes 25 seconds West for a distance of 1241.97 feet; THENCE South 01 degrees 38 minutes 35 seconds West for a distance of 30.00 feet to the northeast corner of the Easement and Controlled Access Agreement described in Resolution 88-66 and recorded June 13, 1988 at Reception No. 88026808 records of the Clerk and Recorder of the said Larimer County, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the easterly and northerly line of the said Easement and Controlled Access Agreement, the following seven (7) courses and distances, (1) South 44 degrees 22 minutes 29 seconds West for a distance of 136.14 feet; (2) along a non-tangent curve to the left having a radius of 532.96 feet, a central angle of 14 degrees 20 minutes 52 seconds and an are length of 133.46 feet, being subtended by a chord of South 15 degrees 13 minutes 34 seconds East for a distance of 133.11 feet; (3) South 22 degrees 24 minutes 00 seconds East for a distance of 110.41 feet; (4) along a curve to the right having a radius of 612.96 feet, a central angle of 40 Page 2 of 5 degrees 05 minutes 20 seconds and an arc length of 428.88 feet, being subtended by a chord of South 02 degrees 21 minutes 20 seconds East for a distance of 420.18 feet; (5) South 17 degrees 41 minutes 20 seconds West for a distance of 404.31 feet; (6) South 36 degrees 10 minutes 43 seconds East for a distance of 117.93 feet; (7) North 89 degrees 57 minutes 13 seconds East for a distance of 1059.64 feet to the easterly line of that certain tract of land described in a Warranty Deed recorded October 2, 1979 in Book 1992 at Page 0280 records of the said Clerk and Recorder; THENCE along the said easterly line the following seven (7) courses and distances, (1) South 06 degrees 05 minutes 24 seconds East for a distance of 345.66 feet; (2) South 00 degrees 11 minutes 08 seconds West for a distance of 53.90 feet; (3) along a non-tangent curve to the left 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 South 03 degrees 07 minutes 19 seconds East for a distance of 1323.77 feet; (4) non-tangent from the previous curve, South 06 degrees 05 minutes 36 seconds West for a distance of 417.50 feet; (5) along a non-tangent curve to the left having a radius of 11680.00 feet, a central angle of 03 degrees 00 minutes 01 seconds and an arc length of 611.62 feet, being subtended by a chord of South 09 degrees 52 minutes 54 seconds East for a distance of 611.55 feet; (6) South 25 degrees 25 minutes 54 seconds East for a distance of 425.50 feet; (7) South 12 degrees 38 minutes 54 seconds East for a distance of 968.97 feet to the south line of the tract described in the said Book 1992 at Page 0280; THENCE along the said south line, North 89 degrees 59 minutes 50 seconds West for a distance of 344.37 feet to the southeast corner of the said Section 21; THENCE along the south line of the southeast quarter of the said Section 21, North 88 degrees 44 minutes 39 seconds West for a distance of 713.83 feet; THENCE leaving the said south line, North 29 degrees 50 minutes 26 seconds West for a distance of 653.27 feet; THENCE along a curve to the right having a radius of 424.29 feet, a central angle of 27 degrees 35 minutes 32 seconds and an arc length of 204.33 feet, being subtended by a chord of North 16 degrees 02 minutes 40 seconds West for a distance of 202.36 feet; THENCE North 02 degrees 14 minutes 54 seconds West for a distance of 432.64 feet; THENCE North 00 degrees 39 minutes 47 seconds West for a distance of 512.69 feet; THENCE North 22 degrees 05 minutes 40 seconds West for a distance of 121.69 feet; THENCE North 02 degrees 47 minutes 24 seconds West for a distance of 129.58 feet; THENCE along a curve to the left having a radius of 157.27 feet, a central angle of 42 degrees 50 minutes 08 seconds and an arc length of 117.58 feet, being subtended by a chord of North 24 degrees 12 minutes 28 seconds West for a distance of 114.86 feet; THENCE North 45 degrees 37 minutes 32 seconds West for a distance of 71.28 feet; THENCE along a curve to the right having a radius of 330.34 feet, a central angle of 30 degrees 41 minutes 12 seconds and an arc length of 176.93 feet, being subtended by a chord of North 30 degrees 16 minutes 56 seconds West for a distance of 174.82 feet; THENCE North 14 degrees 56 minutes 20 seconds West for a distance of 100.27 Page 3 of 5 feet; THENCE along a curve to the left having a radius of 289.75 feet, a central angle of 20 degrees 34 minutes 23 seconds and an are length of 104.04 feet, being subtended by a chord of North 25 degrees 13 minutes 31 seconds West for a distance of 103.48 feet; THENCE North 35 degrees 30 minutes 43 seconds West for a distance of 144.89 feet; THENCE along a curve to the right having a radius of 364.63 feet, a central angle of 37 degrees 10 minutes 11 seconds and an arc length of 236.55 feet, being subtended by a chord of North 16 degrees 55 minutes 37 seconds West for a distance of 232.42 feet; THENCE North 01 degrees 39 minutes 28 seconds East for a distance of 921.36 feet; THENCE along a curve to the right having a radius of 707.08 feet, a central angle of 17 degrees 07 minutes 56 seconds and an are length of 211.43 feet, being subtended by a chord of North 10 degrees 13 minutes 26 seconds East for a distance of 210.64 feet to the south line of Parcel No. 2 State of Colorado Project No. MC C 060-031 described at Reception No. 20050068449 records of the said Clerk and Recorder; THENCE along the said south line, non-tangent from the previous curve, North 89 degrees 57 minutes 11 seconds East for a distance of 6.45 feet to the southerly extension of the westerly line of the said Easement and Controlled Access Agreement described in Resolution 88-66, the southerly extension is also the easterly line of the said Parcel No. 2; THENCE along the said southerly extension and along the westerly line of the Easement and Controlled Access Agreement described in Resolution 88-66 the following five (5) courses and distances, (1) North 17 degrees 41 minutes 20 seconds East for a distance of 673.89 feet; (2) along a curve to the left having a radius of 532.96 feet, a central angle of 40 degrees 05 minutes 20 seconds and an arc length of 372.90 feet, being subtended by a chord of North 02 degrees 21 minutes 20 seconds West for a distance of 365.34 feet; (3) North 22 degrees 24 minutes 00 seconds West for a distance of 110.41 feet; (4) along a curve to the right having a radius of 612.96 feet, a central angle of 15 degrees 37 minutes 22 seconds and an arc length of 167.14 feet, being subtended by a chord of North 14 degrees 35 minutes 19 seconds West for a distance of 166.62 feet; (5) non-tangent from the previous curve, North 45 degrees 11 minutes 27 seconds West for a distance of 146.18 feet to the north line of the said Easement and Controlled Access Agreement described in Resolution 88-66; THENCE along the said north line, South 88 degrees 21 minutes 25 seconds East for a distance of 280.00 feet to the point of beginning. The above described tract contains 117.545 Acres more or less, including the area of the Easement and Controlled Access Agreement described in Resolution 88-66, of the City Council of the City of Fort Collins, and is also subject to all other rights of way and easements now existing or of record. 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 deeds and descriptions and not upon an actual field survey. Page 4 of 5 WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 5 of 5