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HomeMy WebLinkAbout169 - 12/20/2011 - AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH HISTORY COLORADO, THE COLORADO HIST ORDINANCE NO. 169, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH HISTORY COLORADO, THE COLORADO HISTORICAL SOCIETY FOR FUNDS TO RESTORE TWO HISTORIC STRUCTURES AT BOBCAT RIDGE NATURAL AREA WHEREAS, in 1990 the Colorado Constitution was amended to permit limited gaming in three Colorado cities; and WHEREAS, the limited gaming amendment also created the State Historical Fund (the "Fund") and directed that a portion of gaming tax revenues be distributed through a competitive process for historic preservation projects throughout the state; and WHEREAS,grants from the Fund are administered through History Colorado,the Colorado Historical Society (the "Historical Society"); and WHEREAS, in early 2011 City Natural Areas staff applied for a grant from the Historical Society to help pay for restoration of two historic structures,the 1888 pioneer barn and a log chicken house (the "Project'), at Bobcat Ridge Natural Area(the "Natural Area"); and. WHEREAS, in August 2011 the Historical Society awarded the City a grant in the amount of$93,392 for the Project; and WHEREAS, the estimated total cost of the Project is $124,523, with additional funding coming from the Pulliam Charitable Trust and the Natural Areas program; and WHEREAS,to receive the grant funding the City must enter into a Grant Contract with the Historical Society; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS,a copy of the Grant Contract is on file and available for review in the office of the City Clerk; and WHEREAS,one of the conditions of the Grant Contract is a 20-year covenant running with the land that would prohibit the City from permitting or undertaking any construction, alteration, movement,relocation or remodeling or any other activity on the property where the Project is located that would adversely affect the structural soundness of the property or encroach on the open land area of the property without the express written permission of the Historical Society; and WHEREAS, the Natural Area property affected by this covenant would be all or a portion of the property described on Exhibit "A", attached and incorporated herein by reference (the "Property"); and WHEREAS, placing a restrictive covenant on the Property that is enforceable by the State is the equivalent of conveying an interest in real property; and WHEREAS, pursuant to Section 23-111(a) of the City Code, the 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 Council first finds,by ordinance,that such disposition is in the best interests of the City; and . WHEREAS, City staff recommends that the City Council approve the Grant Contract as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that placing a restrictive covenant on the Property as required by the Historical Society in order to receive grant funding is in the best interests of the City. Section 2. That the Mayor is hereby authorized to enter into the Grant Contract with the Historical Society obligating the City to use the $93,392 in grant proceeds from the Fund for restoration of historic structures at Bobcat Ridge Natural Area, including the covenant described above, in substantially the form of agreement as is on file in the office of the City Clerk,and that the terms of the Grant Contract are approved together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the best interests of the City. Introduced, considered favorably on first reading, and ordered published this 6th day of December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D. 2011. ®�pORT CO Mayor ATTEST: ' °° °l0 s City Clerk CdLORAoo -2- Passed and adopted on final reading on the 20th day of December, A.D. 2011. M yor ATTEST: O�FORT COS N City Clerk •cOLORPOO -3- EXHIBIT A Property Address 10184 W COUNTY ROAD 32C, LOVELAND 80538-0000 Legal Description A POR OF SW1/4 OF 15-6-70; COM AT S 1/4 COR OF SD SEC 15 AND POB; TH WRLY ALG S LN OF SD SW1/4 TO SW COR SEC 15; TH NRLY ALG W LN OF SW1/4 OF SW1/4 TO CNTY RD; TH ERLY WITH SD RD TO PT ON W LN OF SE1/4 OF SW1/4; TH DEPART FROM SD CNTY RD NRLY ALG SD W LN TO NW COR OF SD SE1/4 OF SW1/4; TH ALG N LN OF SE1/4 OF SW1/4, N 88 23' 04" E 985.86 FT M/L TO PT ON CEN LN OF ESMNT; TH N 30 37' 29" E 250.50 FT TO NW COR OF A TR DESC @ 88049434; TH N 88 23' 04" E 10 FT; TH S 21 30' 01" E 163.30 FT; TH S 40 30' 59" E 74.93 FT M/L TO PT ON N LN OF SE114 OF SW1/4 OF SEC 15 FROM WHENCE TH NE COR OF SE114 OF SW1/4 BEARS N 88 23' 04" E 93.10 FT; TH S 01 59' 43" E 188.87 FT; TH S 35 12' 21" E 170.81 FT M/L TO PT ON E LN OF SE1/4 OF SW1/4 FROM WHENCE SD NE COR BEARS N 00 12' 07" E 330.96 FT; TH S 00 12' 07" W 999.46 FT M/L TO POB; LESS AND EXCEPT THAT POR DESC AS TR D IN BK 881, PG 286; LESS 20070047079 ROW