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HomeMy WebLinkAbout076 - 05/04/2004 - AUTHORIZING THE CONVEYANCE OF CERTAIN INTERESTS IN SOAPSTONE GRAZING ASSOCIATION REAL PROPERTY TO BE ORDINANCE NO. 076, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CERTAIN INTERESTS IN SOAPSTONE GRAZING ASSOCIATION REAL PROPERTY TO BE ACQUIRED BY THE CITY WHEREAS, the City of Fort Collins has been negotiating to acqu e certain real property in the northern part of Larimer County commonly known as the Soapst e Ranch, in light of the substantial natural resource and conservation values of said property the value of the same for open space, archeological and historical purposes, and the possi e recreational opportunities presented by the same; and WHEREAS, in order to acquire the portion of the S pstone Ranch located in Larimer County, which constitutes approximately 12,000 acres of and largely in its natural state and otherwise used for grazing of cattle ("Soapstone CO" on a willing seller basis, it will be necessary for the City to acquire and dissolve Soap one Grazing Association and all of its assets, including approximately 11,000 acres of gr ng land in Wyoming ("Soapstone WY"); and WHEREAS, the City has negotiated a agreement with Harrison Resource Corporation pursuant to which the City will, after acquirin the Soapstone WY property, convey that property to Harrison Resource Corporation or its assignees (the "WY Buyers") in exchange for a negotiated payment to the City of$2.8 mi ion and subject to a conservation easement; and WHEREAS, said conservation asement on the Soapstone WY property will limit the use and development of said property t noncommercial agricultural uses and up to 12 ownership parcels, each of which may co am a primary and secondary single family residence and associated ranch buildings and i provements, and will prohibit the construction of buildings that are visible from the Soapstone 0 property (the "Conservation Easement"); and WHEREAS, in or r to provide reasonable access to the Soapstone WY property, the City will also be require to convey to the WY Buyers easements across both Soapstone CO and Meadow Springs Ran an easement for access and subgrade utilities necessary for the development of Soap one WY consistent with the Conservation Easement; and WHERE , the Conservation Easement will limit development of Soapstone WY so as to prevent exces ive pressure on the access easements across City property described above, and will benefit th Soapstone CO property by preserving the open and agricultural character of the abutting Ian to the north, and as a result will significantly advance the City's objectives of protecting e Soapstone CO property; and HEREAS, as part of its agreement to acquire Soapstone Grazing Association, the City is obl' ated to allow the use of Soapstone Ranch by the current members of Soapstone Grazing Ass ciation, who currently graze cattle on the property, through December 31, 2005, at a charge of 14.00 per cow/calf unit grazed for the calendar year 2005; and I Withdrawn on second reading i Replaced with Resolution 2004-059 � 1• WHEREAS, in order to meet the foregoing obligation, the City will need to execu a grazing lease on the Soapstone Ranch after dissolution of the Soapstone Grazing Associatio and before conveyance of the Soapstone WY property; and WHEREAS, the WY Buyers have also required as a condition of purchase Soapstone WY that the City grant an agricultural access easement across the westerly th e sections of Soapstone CO in order to drive cattle from property currently owned by th Gallegos family immediately to the south and west of said three sections (the "Gallegos Pro rty") northward in the spring to Soapstone WY and southward in the fall from Soapstone Y to the Gallegos Property, and may also allow limited traffic on an existing roadwa in those sections for provision of services associated with said cattle on Soapstone WY; an WHEREAS, the acquisition of Soapstone CO and protec 'on of Soapstone CO through the reservation of the Conservation Easement is consistent with e Ten-Year Land Conservation Plan and Natural Areas Policy adopted by the City Council w' its adoption of Resolution 2003- 051 on April 1, 2003, and as subsequently updated with e adoption of Resolution 2003-139; and WHEREAS, Section 23-111 of the City ode provides that the City Council is authorized to sell, convey or otherwise dispose of n interest in real property owned by the City, provided the Council first finds by ordinance t at any sale or disposition of that real property interest will be for the benefit of the City's cit' ens, and will be in the best interests of the City. NOW, THEREFORE, BE IT O AINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Co cil hereby finds that the conveyance of Soapstone WY, the conveyance of access and subgr a utility easements on Soapstone CO and Meadow Springs Ranch, the conveyance of the a 'cultural access easement, and the lease of the Soapstone Ranch for grazing purposes to cu nt Soapstone Grazing Association members, all as described hereinabove, are for the ben it of the citizens of Fort Collins and in the best interests of the City of Fort Collins. Section 2. T t the Mayor is hereby authorized to execute such deeds, easements, documents of conve ance, and other documents are may be necessary to carry out the terms of this Ordinance, in a form and including such terms and conditions as the City Manager, in consultation wit the City Attorney, determine to be necessary or appropriate to protect the interests of the ity and consistent with the terms of this Ordinance. i ' Introduced, considered favorably on first reading, and ordered published this 0th day of April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D 2004. Mayor A EST: "'L �& LAA."A City Clerk Passed and adopted on final reading this 4th day May, A.D. 2004. Mayor ATTEST: City Clerk