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HomeMy WebLinkAbout126 - 11/20/2012 - AUTHORIZING THE CONVEYANCE OF CITY-OWNED PROPERTY KNOWN AS THE MAXWELL FARM AND RELATED WATER RIGHTS c; ORDINANCE NO. 126, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CITY-OWNED PROPERTY KNOWN AS THE MAXWELL FARM AND RELATED WATER RIGHTS SUBJECT TO A CONSERVATION EASEMENT AND AUTHORIZING A RELATED RAW WATER TRANSFER AGREEMENT WHEREAS, the City is the owner of certain real property known as the Maxwell Farm, located in Latimer County, Colorado, as more particularly described in Exhibit "A", attached and incorporated herein by this reference (the "Property"); and WHEREAS,the City purchased 136 acres of the Property, including twelve shares of North Poudre Irrigation Company (NPIC) water, in 2009, and the remaining .83 acres of the Property in October, 2012; and WHEREAS,the City purchased the Property as part of the Wellington Community Separator and to protect the view from I-25, with the intent of eventually selling the Property subject to a conservation easement that would maintain the agricultural and open space values of the Property; and WHEREAS,the Natural Areas Department is proposing to sell the Property and related water rights, including two ELCO water taps, one share of NPIC water and three irrigations wells, for $700,000, subject to a reserved conservation easement that would limit future commercial and residential development on the Property; and WHEREAS, the Natural Areas Department is also proposing to sell the remaining eleven shares of NPIC water associated with the Property to the City's Water Utility for $154,000, which price is approximately one-half of the fair market value of the shares; and WHEREAS, in exchange for the conveyance of the NPIC shares to the Utility, the Utility would enter into an agreement with the proposed buyer of the Property that would allow the NPIC shares to continue to be used for the benefit of the Property in perpetuity; and WHEREAS, City staff is in the process of negotiating with the proposed buyer of the Property conservation easement terms and conditions subject to which the Property would be conveyed, as well as the terms and conditions of the water agreement; and WHEREAS, copies of the proposed conservation easement and the proposed water agreement, both dated October 26, 2012, are on file in the Office of the City Clerk and available for public inspection (respectively, the "Conservation Easement" and the "Raw Water Transfer Agreement"); and WHEREAS, under the proposed Raw Water Transfer Agreement the owner of the Property would be responsible for paying any assessments and other charges due to NPIC for the eleven shares of NPIC water delivered to the Property, but the owner would not have to pay any fees or charges to the City for use of the water; and 1 WHEREAS,Section 23-111(a)of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City,provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, Article XII, Section 3 of the City Charter states that the City Council shall establish by ordinance rates, fees or charges for water, electricity or other utility services furnished by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section1. Thatthe City Council herebyfinds thatthe conveyance of the Property subject to the Conservation Easement and the conveyance of eleven shares of NPIC water to the Water Utility in exchange for the execution of the Raw Water Transfer Agreement, all as provided herein, are in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property on terms and conditions consistent with this Ordinance and subject to the Conservation Easement in substantially the form for the same dated October 26, 2012,and on file in the Office of the City Clerk, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including, but not limited to, any necessary corrections to the legal description of the Property, as long as such changes do not .materially increase the size or change the character of the property to be conveyed. Section 3. That the City Council hereby finds that the execution of the Raw Water Transfer Agreement is for the betterment of the Water Utility, will be beneficial to the rate payers of the Water Utility, and is for the benefit of the citizens of Fort Collins. Section 4. That the Utilities Executive Director is hereby authorized to execute the Raw Water Transfer Agreement in substantially the form for the same dated October 26,2012,and on file in the Office of the City Clerk, together with such additional terms and conditions as the Utilities Executive Director, in consultation with the City Attorney,determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance. 2 Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D. 2012. w�Y OF FpR� Mayor ATTEST: CA City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2012. ATTEST: 0�' MayorCity Clerk -3- EXHIBIT A Maxwell Farm Legal Description PARCELL THE N 1/2 OF THE SE 1/4 OF SECTION 16, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT A STRIP OF LAND OFF THE WEST END OF SAID LAND AND BEING 25 FEET EAST OF THE CENTERLINE OF THE RAILROAD RIGHT OF WAY; ALSO EXCEPTING THEREFROM THOSE PARCELS OF LAND AS CONVEYED BY DEEDS RECORDED JUNE 29, 1949 IN BOOK 877 AT PAGE 28, RECORDED JANUARY 7, 1965 IN BOOK 1276 AT PAGE 259, AND RECORDED AUGUST 9, 1971 IN BOOK 1471 AT PAGE 674, IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL II: THE S 1/2 OF THE SE 1/4 OF SECTION 16, TOWNSHIP. 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; EXCEPTING THOSE PARCELS OF LAND AS CONVEYED BY DEEDS RECORDED JANUARY 11, 1909 IN BOOK 237 AT PAGE 256, NOVEMBER 16, 1911 IN BOOK 304 AT PAGE 390, SEPTEMBER 28, 1917 IN BOOK 359 AT PAGE 501, JANUARY 10, 1918 IN BOOK 364 AT PAGE 99, MAY 26, 1949 IN BOOK 874 AT PAGE 177, AND JANUARY 7, 1965 IN BOOK 1276 AT PAGE 259 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL III: A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING THE EAST LINE OF THE SAID SOUTHEAST QUARTER AS BEARING NORTH 00 DEGREES 08 MINUTES WEST AND ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25 WHICH POINT BEARS SOUTH 89 DEGREES 52 MINUTES WEST 233.01 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 16 AND RUNS THENCE SOUTH 00 DEGREES 16 MINUTES EAST 131.00 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY Page 1 of 2 General Warranty Deed 25; THENCE NORTH 89 DEGREES 30 MINUTES WEST 277.50 FEET; THENCE NORTH 00 DEGREES 30 MINUTES EAST 131.00 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES EAST 275.70 FEET TO THE POINT OF BEGINNING. Page 2 of 2 General Warranty Deed