HomeMy WebLinkAbout159 - 10/17/2006 - AUTHORIZING THE ACCEPTANCE OF A DONATION OF REAL PROPERTY FROM EVERLINE, LLC, AND APPROPRIATING UNAN ORDINANCE NO. 159, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACCEPTANCE OF A DONATION
OF REAL PROPERTY FROM EVERLINE, LLC, AND APPROPRIATING
UNANTICIPATED REVENUE TO THE NATURAL AREAS FUND
WHEREAS, the City of Fort Collins (the "City") has approved and adopted the Land
Conservation and Stewardship Master Plan, which states that the mission of the Natural Areas
Program is to protect and enhance lands with existing or potential natural areas values, lands that
serve as community separators, agricultural lands, and lands with scenic values, with protection
of natural habitats and features as the highest priority; and
WHEREAS, the Fossil Creek Reservoir Area Plan, jointly adopted by both Latimer
County and the City of Fort Collins in March 1998, set a goal of maintaining a large resource
management area surrounding Fossil Creek Reservoir in which sensitive wildlife habitats would
be protected, its scenic qualities would be maintained, and to provide opportunities for
appropriate human use, such as hiking, picnicking, nature observation, environmental learning
and other recreation uses; and
WHEREAS, Tract B of Fossil Lake PUD, First Filing, Larimer County, Colorado (the
"Property") is located within the Fossil Creek Reservoir Management Area and abuts the Fossil
Creek Reservoir shoreline managed by the City's Natural Area Program; and
WHEREAS, the Property provides valuable habitat for sensitive wildlife species,
including great blue herons, bald eagles, and red-tailed hawks, and is an important segment of
the buffer to protect habitat for over 90 wetland and water-associated bird species documented to
use Fossil Creek Reservoir; and
WHEREAS, fee ownership of the Property by the City will provide Natural Areas staff
access to the north shore of Fossil Creek Reservoir, will allow staff to patrol and enforce
trespassing violations, and will provide the opportunity to restore the Property to provide higher
wildlife values; and
WHEREAS, the value of the Property, subject to an existing conversation easement
encumbering the Property for the benefit of Larimer County, has been appraised by an
independent, licensed and qualified appraiser to be $202,000, and such value has been accepted
by City Real Estate Services staff as reasonable; and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the
City Council to make supplemental appropriations by ordinance at any time during the fiscal
year, provided that the total amount of such supplemental appropriations, in combination with all
previous appropriations for that fiscal year does not exceed the then current estimate of actual
and anticipated revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the donated land as
described herein, will not cause the total amount appropriated in the relevant funds to exceed the
current estimate of actual and anticipated revenues to be received in that fund during the fiscal
year; and
WHEREAS, it is the desire of the Council to authorize the acceptance of the donation of
the Property from Everline, LLC, and to appropriate $202,000 of unanticipated revenue in the
form of a donation of land in the Natural Areas Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby approves and authorizes the acceptance by
the Mayor of a deed of conveyance of the Property for Natural Area purposes.
Section 2. That there is hereby appropriated from unanticipated revenue in the form
of a donation of land to the Natural Areas Fund the sum of TWO HUNDRED AND TWO
THOUSAND DOLLARS ($202,000).
Introduced, considered favorably on first reading, and ordered published this 3rd day of
October, A.D. 2006, and to be presented for final passage on the 17th day of October, A.D. 2006.
May
ATTEST:
%u�k
City Clerk
Passed and adopted on final reading on the 17th day of tober, A.D. 2006.
May r
ATTEST:
City Clerk