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HomeMy WebLinkAbout073 - 05/16/2006 - AUTHORIZING THE CONVEYANCE OF 441 ACRES OF LAND TO THE STATE LAND BOARD SUBJECT TO A CONSERVATION EA ORDINANCE NO. 073, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF 441 ACRES OF LAND TO THE STATE LAND BOARD SUBJECT TO A CONSERVATION EASEMENT IN EXCHANGE FOR 3,873 ACRES OF LAND LOCATED WITHIN SOAPSTONE PRAIRIE NATURAL AREA WHEREAS,the State Board of Land Commissioners(the"State Land Board")is a political subdivision of the State of Colorado that manages State trust lands in order to produce reasonable and consistent income from such lands and to preserve their economic values while protecting environmental and natural resource values; and WHEREAS,the State Land Board manages 3,872.76 acres of State trust land located within the external boundaries of the City's 12,500-acre Soapstone Prairie Natural Area,more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "SLB Inholdings"), which the City currently leases from the State Land Board; and WHEREAS,the City in 2005 acquired a 441-acre property located in the southwestern comer of the area that has been identified as the Wellington community separator, together with related water rights, for a total purchase price of$5.4 million, which property has been and continues to be used as a sod farm and is more particularly described on Exhibit `B", attached hereto and incorporated herein by this reference(the"Sod Farm"); and WHEREAS, the acquisition by the City of the SLB Inholdings would allow the City to consolidate its ownership within Soapstone Prairie Natural Area, and would eliminate related problems as the City proceeds to plan and prepare for public use and enjoyment of,and preservation of, that Natural Area; and WHEREAS, the Sod Farm is an income-generating property, and continued use of the Sod Farm for its current purpose or for other agricultural uses is consistent with the continued preservation of the property for community separator purposes; and WHEREAS, in light of the mutual benefits of an exchange of these properties, the staff of the City and the State Land Board have negotiated an exchange agreement, a copy of which, dated April 28, 2006, is on file and available for public inspection in the Office of the City Clerk (the "Exchange Agreement"), which agreement calls for the State Land Board to convey to the City the SLB Inholdings and pay to the City cash in the amount of$811,344,in exchange for the conveyance by the City to the State Land Board of the Sod Farm and related water rights, subject to a conservation easement enabling the City to preserve and protect the Sod Farm as open space in the Wellington Community Separator; and WHEREAS, the form of the conservation easement by which the City will be empowered to restrict development on the Sod Farm after title to that property has been provided to the State Land Board, dated April 28, 2006, and is on file and available for public inspection in the Office of the City Clerk(the"Conservation Easement'); and WHEREAS, the acquisition of the SLB Inholdings 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 Sod Farm to the State Land Board, subject to the Conservation Easement, as described herein, is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Exchange Agreement, in substantially the form for the same dated April 28,2006,and on file in the Office of the City Clerk, 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 result in a material increase or change in character of the intended properties to be exchanged. Section 3. That the Mayor is hereby authorized to execute the Conservation Easement in substantially the form for the same dated April 28, 2006, 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 description shown thereon that do not result in a material increase or change in character of the intended easement area. Introduced,considered favorablyon first reading,and ordered published this 2nd day of May, A.D. 2006, and to be presented for final passage on the 16th day of May, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of May, A.D. 2006. May , ATTEST: City Clerk EXHIBIT"A" STATE LAND BOARD EXCHANGE TO CITY OF FORT COLLINS DESCRIPTION OF SLB Inholdings to be exchanged: TOWNSHIP 11 NORTH-RANGE 68 WEST acres Section 4 Lot 1 78.22 S2NE 80.00 Lot 2 78.18 S2NW 80.00 S2 320.00 Section 6 Lot 1 78.80 S2NE 80.00 Lot 2 39.70 Lot 3 75.90 SENW 40.00 NESW 40.00 Lot 4 76.30 SESW 40.00 SE 160.00 TOWNSHIP 12 NORTH-RANGE 68 WEST Section 20 Lots 1 -4 50.78 S2N2 160.00 N2S2 160.00 SESE 40.00 Section 28 E2NE 80.00 NWNW 40.00 S2NW 80.00 SW 160.00 S2SE 80.00 Section 30 NE 160.00 S2 314.88 Section 32 All 640.00 TOWNSHIP 12 NORTH-RANGE 69 WEST Section 36 All 640.00 Total 3,872.76 acres EXHIBIT"B" Leaal Descrintion of the Property All THAT PART OF THE NORTH 1/2 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, LYING EAST OF THE PROPERTY DESCRIBED IN BOOK 171 AT PAGE 456, LARIMER COUNTY RECORDS, EXCEPTING THEREFROM A PARCEL OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN BOOK 442 AT PAGE 428, LARIMER COUNTY RECORDS. ALL THAT PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, LYING EAST OF THE PROPERTY DESCRIBED IN BOOK 171, PAGE 456, LARIMER COUNTY RECORDS, EXCEPTING THEREFROM A PARCEL OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN BOOK 442 AT PAGE 428, LARIMER COUNTY RECORDS. ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, LYING EAST AND NORTH OF THE OUTLET DITCH OF THE W.P. ELDER RESERVOIR. THE EAST 1/2 OF SECTION 29, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO.