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HomeMy WebLinkAbout104 - 10/02/2007 - AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY (ROMAN RANCH) TO ORDINANCE NO. 104, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY (ROMAN RANCH) TO LARIMER COUNTY 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, the City has acquired the Roman Ranch, a property 1,960 acres in size contiguous to and partly surrounded by the Soapstone Prairie Natural Area; and WHEREAS, the GOCO Board has approved as part of the Laramie Foothills Mountains to Plains Project a grant to the City to support the conservation of the 1,960 acre Roman Ranch(the Property)more particularly described on Exhibit"A"attached hereto and incorporated herein by this reference,in the amount of$976,000,which is a substantial share of the City's cost to acquire and conserve that property; and WHEREAS, in order to issue said grant,the GOCO Board will require that the City enter into a grant agreement setting forth the City's obligations in connection with the grant; and WHEREAS,as a requirement of the grant,the City must convey to an approved third party, in this instance Larimer County, a conservation easement intended to protect the Property from uses contrary to the purposes of the GOCO Board's grant program; and WHEREAS, staff has negotiated with the staff of the GOCO Board and Larimer County certain conservation easement terms and conditions to which the Property shall upon conveyance be subject, a copy of which conservation easement, dated September 10, 2007, is on file in the Office of the City Clerk and available for public inspection (the "Conservation Easement"); and WHEREAS, under Section 23-I11 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 for the benefit of and in the best interest 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 Conservation Easement on the Property to Larimer County is for the benefit of and in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Conservation Easement in substantially the form for the same dated September 10,2007,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, including any necessary corrections to the legal descriptions shown thereon that do no result in a material increase or change in the character of the property intended to be conveyed. Introduced, considered favorably on first reading, and ordered published this 18th day of September, A.D. 2007, and to be presented for final passage on the 2nd day of October, A.D. 2007. Mayor , ATTEST: City Clerk Passed and adopted on final reading on the 2nd d f October, A.D. 2007. May ATTEST: City Clerk (X 4< lk-41 EXHIBIT A Legal Description of Roman Ranch Section 26, Township 12 North, Range 69 West of the 6' P.M., Larimer County, CO All Section 3, Township 11 North, Range 69 West of the 6' P.M., Larimer County, CO NW4 of SW4 and SW4 of NW4 and W2 of Lot 2, Section 2 NE4 of NW4, Section 2 S2 of S2, Section 2, all in Township 11 North, Range 69 West of the 6"' P.M., Larimer County, CO S2 and SW4 of NW4, Section 4 in Township 11 North, Range 69 West of the 6' P.M., Larimer County, CO