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HomeMy WebLinkAbout074 - 05/16/2006 - AUTHORIZING THE LEASE OF PORTIONS OF THE BERNARD RANCH PROPERTY TO BE ACQUIRED BY THE CITY TO THE BE ORDINANCE NO. 074, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF PORTIONS OF THE BERNARD RANCH PROPERTY TO BE ACQUIRED BY THE CITY TO THE BERNARDS THROUGH 2O12 WHEREAS, the City of Fort Collins has been negotiating to acquire certain real property in Larimer County and adjacent to the City's Soapstone Prairie Natural Area ("Soapstone") consisting of total of approximately 1,760 acres,commonly known as the Bernard Ranch and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Bernard Ranch"), in light of the value of the same for open space and the access opportunities presented by the same, given its proximity to Soapstone; and WHEREAS, under the proposed agreement for the acquisition of Bernard Ranch, the City will acquire that property by the exercise of a series of options over the course of up to seven years, with the total amount of consideration to be paid by the City for all options and purchase tracts to be in the amount of$2,000,000; and WHEREAS, the Bemards have conditioned their agreement to convey the Bernard Ranch to the City upon the City's willingness to lease that property back to the Bernards for nominal rent until completion of the acquisition by the City; and WHEREAS, in order to meet the foregoing condition, the City will need to execute a lease of the Bernard Ranch as part of the closing of the acquisition; and WHEREAS,the acquisition of Bernard Ranch is consistent with the Land Conservation and Stewardship Master Plan adopted by the Council in Resolution 2004-092 on July 20, 2004; and WHEREAS, Section 23-114 of the City Code provides that the City Council is authorized to lease any and all interests it may have in non-utility real property owned by the City, provided the Council first finds by ordinance that the lease of that real property interest will be 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 City Council hereby finds that the lease of the Bernard Ranch to the Bernard family, all as described hereinabove, is for the benefit of the citizens of Fort Collins and in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such lease documents and other documents as may be necessary to carry out the terms of this Ordinance, on such terms and conditions as the City Manager, in consultation with the City Attorney, determines 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 lease property. Introduced, considered favorably on 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. 2006.6.o ;4 - ATTEST: Mayor City Clerk Passed and adopted on final reading on the 16th day of y, A.D. 2006. May .ATTEST; City Clerk lgle� AllltJ Exhibit A Property Description The Property(including the Purchase Property and the Option Tracts), as described by the aliquot system, shall be considered to be parts of square sections such that each quarter of a quarter section so described shall be considered to be forty acres. The Property and each portion thereof shall include any fences, water well, pipes, and windmill structures, and other improvements now located thereon, including all fixtures of a permanent nature. In addition, the Property and each portion thereof shall include all of the Sellers' right, title and interest in and to easements, rights- of-way, future interests and rights to the same belonging and inuring to the benefit of the Property or said portion thereof, and in and to all strips and gores of land lying between the Property or said potion thereof and adjoining property or streets, roads or highways, open or proposed, or historical boundary fences outside of the described area. "Purchase Property" The West '/2 and the NW '/< of the NE '/. Section 10,Township 1 I North, Range 69 West of the 6'h P.M; AND the N %2 of the NW '/< of Section 15, Township 11 North, Range 69 West of the 6`" P.M., containing approximately 440 acres. "Option Tracts" Tract 1: The NE '/< of the NE ''%, the S %z of the NE '/<, the N %z of the SE '/<, and the W %2 of the SW '/. of the SE '/< of Section 10, Township 11 North, Range 69 West of the 6`"P.M., containing approximately 220 acres. Tract 2: The S %2 of the NW '/4, the W %2 of the NE '/<, the NW '/. of the SW '/s and the W '/z of the NE '/< of the SW '/< of Section 11, Township 11 North, Range 69 West of the 6'h P.M., containing approximately 220 acres Tract 3: The SE '/. of the SE '/4 and the El/2 of the SW '/e of the SE '/< of Section 10, Township 11 North, Range 69 West of the 6"' P.M., AND the NE Y< of Section 15, Township 11 North, Range 69 West of the 6`"P.M., containing approximately 220 acres. Tract 4: The N '/2 of the SE '/., the E '/z of the NE `/. of the SW '/a, and the S 1/2 of the SW '/4 of Section 11, Township l i North, Range 69 West of the 6"'P.M., AND the NW '/< of the NW '/< of Section 14, Township I 1 North, Range 69 West of the 6 h P.M., containing approximately 220 acres. Tract 5: The N %z of the NE '/4, the NE '/< of the NW '/o,the S '/2 of the NW '/<, and the W %2 of the SW '/< of the NE '/< of Section 14, Township 1 I North, Range 69 West of the 6"P.M., containing approximately 220 acres. Tract 6: The SE Y< o£the NE '/,, the W %2 of the SW '/< of the NE '/., and the SE '/a of Section 14, Township I 1 North, Range 69 West of the 6" P.M., containing approximately 220 acres. All being Larimer County Assessor's Schedule#R0599794 in the County of Larimer, State of Colorado.