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HomeMy WebLinkAbout2000-050-03/21/2000-AUTHORIZING IGA WITH CITY OF LOVELAND AND LARIMER COUNTY FOR PURCHASE AND MANAGEMENT OF APPROXIMATEL RESOLUTION 2000-50 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF LOVELAND AND LARIMER COUNTY FOR THE PURCHASE AND MANAGEMENT OF APPROXIMATELY SEVEN HUNDRED AND EIGHTY-FIVE ACRES OF OPEN LANDS BETWEEN FORT COLLINS AND LOVELAND WHEREAS,the owners of approximately 785 acres of land located south of Fort Collins and west of Taft Hill Road,more particularly described on Exhibit"A", attached hereto and incorporated herein by this reference(the"Property"),have agreed to sell the Property to the City of Fort Collins and the City of Loveland, for a total price of$3,139,004; and WHEREAS, City staff has negotiated an Intergovernmental Agreement with the City of Loveland and Larimer County (the "IGA"), whereby the City would pay $308,354 toward the cost of acquiring the Property for an undivided 25 percent interest in the Property; and WHEREAS, the IGA further provides that the City of Loveland pay the amount of $1,892,770, and the County pay the amount of$437,880, toward the purchase of the Property, and for the City of Loveland to manage the Property,primarily for agricultural, open space and natural area purposes; and WHEREAS, the IGA further provides for the use of$500,000 in Open Space Grant funds to be received from the Board of the Great Outdoors Colorado Trust Fund("GOCO Funds")for the acquisition of the Property, in exchange for the imposition of a deed restriction or conservation easement to the Board of the Great Outdoors Colorado Trust Fund to protect the Property from uses contrary to the purposes of the GOCO Funds; and WHEREAS,the Plan for the Region Between Fort Collins and Loveland as adopted by the Council in Resolution 95-82,identifies the Property as a significant open space area to be protected; and WHEREAS,City Plan,as adopted by the Council in Resolution 97-25,identifies the property as a significant Open Land on the City Structure Plan; and WHEREAS,the purchase of the Property will help the City meet the objectives of the City's Natural Areas Policy Plan, the Plan for the Region Between Fort Collins and Loveland, and City Plan; and WHEREAS, sufficient funds are available and appropriated from the City'share of the proceeds from the County's Help Preserve Open Spaces sales tax initiative for the acquisition of the Property; and WHEREAS, the Natural Resources Advisory Board approved staffs recommendation to acquire the Property at its regular meeting on March 1, 2000; and WHEREAS,Article II,Section 16 of the City Charter and Section 29-1-203,C.R.S., provide that the Council may enter into agreements with other governmental bodies for the performance of cooperative or joint activities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and hereby is, authorized to enter into an agreement with the City of Loveland and Larimer County for the joint acquisition,ownership and management of the Property described on Exhibit "A", attached hereto and incorporated herein by this reference, which agreement shall be substantially in the form of the proposed agreement attached hereto as Exhibit "B" and incorporated herein by this reference (the "IGA"); provided, however, that the City Manager, in consultation with the City Attorney, make such additions, deletions, and revisions to the Agreement as he deems necessary and appropriate to protect the interests of the City and effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 21 st day of March, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT A Legal Description of a parcel of fond being portions of Sections 21 and 28, Township 6 North, Range 69 Watt of the Sth Principal Meridian, Lorimer County, Colorado being more particularly described as follows: Beginning at the Southwest Corner of sold Section 28 and considering the West line of the Southwest Quarter of said Section 28 as bearing South 00'03'32" West and with all bearings contained herein relative thereto; thence along the South line of the Southwest Quarter of said Section 28 North 89'36'54" East 50.00 feet; thence departing said South line North 00'03'32" East 1013.51 feet; thence North 89'50'35" East 2626.58 feet to a point on the North—South centerline of sold Section 28, thence along sold North—South centerline North 00'05'42" West 1153.00 feet; thence deporting sold North—South' centerline North 89'50'35" East 2674.10 feet to a point on the East line of the Southeast Quarter of sold Section 28; thence along said East line North 00014'02" West 529.32 feet to the East One Quarter Comer of cold Section 28; thence along the East line of the Northeast Quarter of said Section 28; North 00'14'13" West 2651.15 feet to the Northeast Corner of said Section 25; thence clang the East line of the Southeast Quarter of said Section 21 North 00'12'58" West 2626,00 feet to the East One Quarter Comer of sold Section 21; thence along the East—West centerline of sold Section 21 South 89'53'47" West 2660.74 feet to the center One Quarter Corner of said Section 21; thence continuing along acid East— West centerline South 89853'38" West 2708.47 feet to the West One Quarter Comer of sold Section 21; thence along the West line of the Southwest Quarter of said Section 21 South 01.00'49" East 2636.00 fast to the Southwest Comer of said Section 21; thence along the West line of the Northwest Quarter of the Northwest Quarter of said Section 28 South 00'03'02" West t335.90 feet to the Northwest Corner of the Southwest Quarter of the Northwest Quarter of said Section 28; thence along the West line of the Southwest Quarter of the Northwest Quarter of acid Section 28 South 00'00'43" West 1335.51 feet to the West One Quarter Corner of said Section 26: thence along the West line of the Southwest Quarter of sold Section 28 South 00'03'32" West 2670.98 feet to the POINT OF BEGINNING. The above described tract of land contains 784.751 acres more or less and is subject to the right—of—way for Lorimer County Road No. 19 and all other casements and rights—of—way or record. EXHIBIT "B" RESOLUTION NO.2000-50 INTERGOVERNMENTAL AGREEMENT CONCERNING SAUER OPEN LANDS PROPERTY This Agreement is made this day of 12000,by and between Larimer County("County"),the City of Loveland("Loveland")and the City of Fort Collins("Fort Collins") (sometimes hereinafter referred to individually as an "Entity" and collectively as the "Entities"). WHEREAS,Part 2 of Article 1 of Title 29 authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, the Entities have worked cooperatively to prepare and adopt "A Plan for the Region Between Fort Collins and Loveland" to protect and promote the quality of life,the natural environment and the character of each community; and WHEREAS, the Entities have each adopted a master plan and open lands program that identifies the region between Fort Collins and Loveland, including the Property described herein, as a significant area to be protected in order to maintain community identity and the continuation of rural residential and agricultural uses; and WHEREAS, Larimer County has imposed a sales tax for the purchase and maintenance of open space, natural areas, parks and trails,through a citizen initiative commonly referred to as the "Help Preserve Open Spaces Initiative" (the "County Revenues")and by the terms of the Initiative, a portion of the County Revenues are distributed to municipalities located within Larimer County; and WHEREAS,the Entities each receive a share of the County Revenues for the purchase and maintenance of open space, natural areas, parks and trails for the benefit of their respective communities; and WHEREAS, the Great Outdoors Colorado Trust Fund, created by Article XXVII of the Colorado Constitution,adopted at the November 1992 General Election,designates a portion of the net proceeds of the Colorado Lottery for investment in the State's parks, wildlife, open space and recreational resources; and WHEREAS,the State Board ofthe Great Outdoors Colorado Trust Fund has awarded a grant to Fort Collins to be contributed toward the acquisition of the Property ("GOCO Funds"); and WHEREAS,Loveland has acted as the Lead Entity in negotiating the acquisition of the real property described in Exhibit"A"attached hereto and incorporated herein by reference(hereinafter the "Property"); and WHEREAS,the Entities desire to cooperate and contract with one another concerning the sharing of costs and responsibilities for the acquisition,ownership and management of the Property. NOW,THEREFORE,in consideration oftheir mutual promises contained herein the Entities agree as follows: A. Cost Sharing 1. The cost of acquiring the Property is Three Million One Hundred Thirty Nine Thousand Four Dollars ($3,139,004) not including closing costs, other direct costs of acquisition,such as title insurance,survey of the Property,or appraisal fees,and adjustments at closing. 2. The Entities agree to provide funds as set forth below toward the purchase price of the Property,and agree in addition to each pay a proportional share of closing costs, other direct costs of acquisition, such as title insurance, survey of the Property, or appraisal fees, and adjustments at closing: Contribution Acquisition Entity Amount Share City of Loveland $1,892,770 71.8% Larimer County 437,880 16.6% City of Fort Collins 308,354 11.7% GOCO Funds 500,000 Total $3,139,004 100.0% 3. The parties agree to cooperate in the making of preparations for the closing on the acquisition of the Property, and shall have available at the time of closing their respective funds as set forth above. B. Ownership of Property 1. Subsequent to closing,the Entities agree that fee title to the Property shall be held by Loveland and Fort Collins (the "Owners") as follows: a. Loveland will have an undivided 75% interest in the Property; and b. Fort Collins will have an undivided 25% interest in the Property. 2. In the event that the Property is sold, exchanged, transferred or otherwise disposed of,subject to easements and rights of way of record as set forth herein,the proceeds from such disposition shall be divided between the Owners in the same proportion as their ownership interests in the Property. 2 3. Because the Property shall be acquired using the County Revenues and the GOCO Funds,the Entities agree that any sale,exchange,transfer or disposition of all or any portion of the Property shall be in accordance with any requirements imposed as a result of the use of such funds. 4. Subj ect to legally required approvals by the governing body of both Loveland and Fort Collins,at closing, the Owners shall execute a Conservation Easement Deed to the County in a form to be approved by the Entities and the Executive Director of the Great Outdoors Colorado Trust Fund, as required in connection with the GOCO Funds. The Conservation Easement shall contain provisions acknowledging that a portion of the Property may be used as a trail corridor; a portion may be used as a right-of—way for the widening of Wilson Avenue; and that a portion may be used for storm drainage detention ponds. 5. The parties further acknowledge that the County wishes to construct a trail along the western edge of the Property. It is the intent of the Entities that the right of way reasonably necessary for such a trail, once determined, will be granted to the County as a trail easement in exchange for the County's contribution hereunder, provided that the grant of such easement shall be subject to legally required approvals by the governing body of both Loveland and Fort Collins. All cost associated with the construction and operation of said trail shall be paid by the County. 6. If one of the Owners desires to sell the Property and the other Owner does not, the Owners agree to negotiate in good faith to resolve the issue prior to undertaking any litigation. In addition, in the event one of the Owners desires to sell its interest in the Property and the other Owner does not,the Owner desiring to sell hereby grants to the other Owner the option to purchase such interest in the Property for the proportional share of the fair market value of the entire Property, as determined by an appraiser selected by the Owners. Unless exercised, said option shall expire two (2) years after receipt of written notice of the selling Owner's determination to sell its interest in the Property. C. Management of the Property 1. Loveland shall be the Managing Entity and shall be responsible for management of the Property in accordance with the Management Plan developed by the Entities. 2. On or before January 31, 2001, the Entities shall develop a written plan for the Property, (the "Management Plan") through their respective Managers, which Management Plan shall provide a resource inventory for the Property and establish a common plan to address issues including,but not limited to: facilities for appropriate public access, weed control, necessary improvements and restoration needs and cost sharing for improvements and restoration. The Management Plan shall designate the location for the 3 construction of a public pedestrian,bicycle and horse trail along the western boundary of the Property. The Management Plan shall also provide a process for modifications by mutual agreement of the entities. 3. In the event of emergency or unusual circumstances requiring immediate response, the Managing Entity shall be entitled to use reasonable discretion in responding to such circumstances,regardless of the expressed terms of the Management Plan,provided that reasonable efforts are made to consult with the non-managing entity regarding the proper course of action. 4. The Managing Entity shall be responsible for the management costs associated with the Property. "Management costs" shall be defined to include normal and customary expenses associated with day-to-day use and operation of the Property. Cost sharing for improving the Property for use by the public shall be determined in the Management Plan. Any liabilities or extraordinary costs related to the use, possession or ownership of the Property shall be shared by the Entities in proportion to their percentage contribution to the acquisition cost of the Property, as set forth in Section A(2) of this Agreement; provided, however, that in the event such liability or extraordinary cost arises solely from the negligent acts or omissions of one Entity,the negligent Entity shall be solely responsible for such liability or extraordinary cost. Except as provided in Section C(6),any revenues generated by the Property shall be retained by Loveland to apply toward management costs of the Property for the current or future years. 5. The parties acknowledge that the prior owners of the Property have retained the right to harvest the wheat crop that has been planted and cultivated on the Property for harvest in 2000. The parties further acknowledge that they have agreed to use their best efforts to negotiate a farm lease for the farming of the Property, subject to legally required approval by the governing body of both Loveland and Fort Collins. To the extent all or any portions of the Property are subject to leases or other legal restrictions, such portions shall be managed in accordance with the Management Plan. 6. The parties hereto acknowledge that a portion of the Property has been identified as required for the proposed widening of Wilson Avenue adjacent to the Property. In the event that a portion of the Property is required as right of way for such road widening and related improvements, it is the intent of the Entities that such right of way would be provided at a fair market value of $4,000 per acre, which shall be divided between the Owners in accordance with their ownership interests in the Property, subject to legally required approvals by the governing body of both Loveland and Fort Collins. 7. The parties further acknowledge that within five(5)years of the acquisition of the Property, Loveland intends to obtain an easement for the construction of three (3) storm water detention ponds,the design of which have not been finally completed. It is the expectation of the parties that such detention ponds will conform to the natural contours of 4 the Property, will cover an area not to exceed twenty-six (26) acres, and will be located generally in the locations shown on Exhibit "B",attached hereto and incorporated herein by this reference. Each of the three areas depicted on Exhibit B currently function as storm water detention areas. Re-grading of the storm water detention areas in accordance with the natural contours of the Property shall be permitted. The parties agree that the rate of compensation for the portions of the Property that shall be subject to the easement to be obtained for the detention ponds shall be Four Thousand Dollars($4,000.00)per acre,which shall be paid to Loveland to apply toward the management costs of the Property for the current or future years. The grant of an easement for such detention ponds shall be subject to approval by the Council of the City of Fort Collins. D. Miscellaneous Provisions 1. This Agreement may not be assigned by an Entity without the prior written consent of all parties . 2. This Agreement shall be binding upon and inure to the benefit of the Entities' successors and permitted assigns. 3. Financial obligations of the Entities payable after the current fiscal year are contingent upon the governing bodies of the Entities appropriating the necessary funds. 4. Any notices required or permitted to be given shall be in writing and personally delivered to the office of an Entity or by first class mail, postage prepaid, as follows: To Larimer County: K-Lynn Cameron Larimer County Parks and Recreation 1800 S. County Road 31 Loveland, CO 80537-9638 To City of Loveland: Brian Hayes,Natural Areas Manager City of Loveland 500 East Third Street Loveland, Colorado 80537 5 To City of Fort Collins: Tom Shoemaker, Natural Resources Director City of Fort Collins Department of Natural Resources 281 North College Avenue Fort Collins, Colorado 80521 Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually received, or(ii) in the case of first class mail, the third day following deposit in the United States mail,postage prepaid, addressed as set forth above. Any Entity may change these persons or addresses by giving notice as required above. 5. This Agreement shall be effective upon the date of the last Entity to sign. BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO Dated: By: Chair ATTEST County Clerk CITY OF LOVELAND, COLORADO Dated: By: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 6 CITY OF FORT COLLINS,COLORADO Dated: By: Mayor ATTEST: APPROVED AS TO FORM: City Clerk Assistant City Attorney 7 EXHIBIT "Alf IGA CONCERNING SAUER OPEN LANDS PROPERTY Legal Description of a parcel of land being portions of Sections 21 and 28, Township 6 North. Range 69 West of the 6th Principal Meridian. Lorimer County, Colorado being more particularly described as follows: Beginning at the Southwest Corner of sold Section 28 and considering the West line of the Southwest Quarter Of sold Section 28 as bearing South 00'03'32" West and with all bearings contained hereln relative thereto; thence along the South line of the Southwest Quarter of said Section 28 North 89'36'54' East 50.00 feet; thence departing said South line North 00'03'32" East 1013.51 feet; thence North 89'50'35" East 2626.58 feet to a point on the North—South centerllne of sold Section 28; thence along said North--South centerline North 00'05'42" West 1153.00 feet; thence deporting said North—South' centerline North 89'50'35" East 2674.10 feet to a point on the East line of the Southeast Quarter of said Section 28; thence along said East line North 0014'02" West 529.32 feet to the East One Quarter Comer of said Section 28; thence along the East line of the Northeast Quarter of said Section 28; North 00'14'13' West 2651.13 rest to the Northeast Corner of sold Section 25. thence along tho East line of the Southeast Quarter of sold Section 21 North 00412'58" West 2626.00 feet to the East One Quarter Comer of sold Section 21, thence along the East—West centerline of sold Section 21 South 89'53'47" West 2660.74 feet to the center One Quarter Corner of said Section 21; thence continuing along said East— West centerline South 89'53'38" West 2708.47 feet to the West One Quarter Comer of sold Section 21; thence aiong the West line of the Southwest Quarter of said Section 21 South 01'OO'49' cost 2636.00 feet to the Southwest Corner of acid Section 21; thence along the West line of the Northwcst Quarter o f the Northwest Quarter of said Section 26 South 00'03'02" West 1335.90 feet to the Northwest Corner r of the Southwest Quarter of the Northwest Quarter of said Section 28: thence along the West line of the Southwest Quarter of the Northwest Quarter of said Section 28 South 00'00'43" West 1335.51 feet to the West One Quarter Corner of sold Section 28; thence along the West line of the Southwest Quarter of sold Section 28 South 00'03'32" West 2670.98 feet to the POINT OF BEGINNING. 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