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HomeMy WebLinkAbout1999-133-11/02/1999-AUTHORIZING THE ACQUISITION OF APPROXIMATELY ONE-HUNDRED SIXTY-EIGHT ACRES OF LAND AND ASSOCIATED WA RESOLUTION 99-133 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION OF APPROXIMATELY ONE HUNDRED SIXTY EIGHT ACRES OF LAND AND ASSOCIATED WATER RIGHTS WHEREAS,Willing Acres Company is the owner ofapproximately 168 acres ofland located north of Trilby Road on the east side of Shields Street in Fort Collins, more particularly described on Exhibit"A", attached hereto and incorporated herein by this reference,together with 3 shares of Pleasant Valley Lake Canal Company irrigation water (totaling 119.22 acre feet), referred to collectively as the "Property"; and WHEREAS, Willing Acres Company has agreed to sell the Property to the City for the net amount of$9,752 per acre and $2,000 per acre foot for the associated water rights; and WHEREAS,the land purchase price is substantially below the estimated market value of the property; and WHEREAS, among the objectives of the Natural Areas Policy Plan as adopted by the City Council is to establish a system of publicly owned natural areas to protect the integrity of critical conservation sites,protect corridors between natural areas. preserve outstanding examples of Fort Collins' diverse natural heritage and provide a broad range of opportunities for educational, interpretive and recreational programs to meet community needs; and WHEREAS, City staff and the Natural Resources Advisory Board have reviewed the resource, natural heritage and open space values of the Property, and have determined that a substantial portion ofthe Property(the"Natural Areas Parcel")would provide a valuable opportunity to advance the objectives of the Natural Areas Policy Plan; and WHEREAS, a portion of the Property, approximately fifty (50) acres in size (the "Development Parcel"),may not be essential for natural area purposes and may be more suitable for future private development; and WHEREAS,Willing Acres Company is unwilling to divide the Property into natural area and development parcels; and WHEREAS,on February 2, 1999,the City Counci I adopted Resolution 99-16,approving the City's Priority Affordable Housing Needs and Strategies Report,dated February 2, 1999,which sets forth the City's priorities and strategies for the development and enhancement of affordable housing resources in Fort Collins; and WHEREAS,the acquisition of the Development Parcel provides an opportunity to advance the goals and objectives of the Priority Affordable Housing Needs and Strategies Report; and WHEREAS, the acquisition of the entire Property is desirable as a means of acquiring the Natural Areas Parcel,and staff has begun efforts to investigate the resale of the Development Parcel in a manner that would include the development of affordable housing; and WHEREAS, sufficient funds are available and appropriated in the natural areas portion of the Building Community Choices Fund for the acquisition of the real property portion of the Property, additional funds are available in that account for maintenance of the Property following acquisition, and sufficient funds are available in the Water Utility Fund for the acquisition of the water rights associated with the Property; and WHEREAS,the Council has determined that the purchase price and donation of the Property is fair and reasonable and in the best interests of the citizens of the City; and WHEREAS, the Natural Resources Advisory Board has recommended to the Council that the acquisition of the Property be completed; and WHEREAS, the Council has determined that it is appropriate to name the Natural Areas Parcel the "Hazaleus Natural Area". NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager be, and hereby is, authorized to execute such documents as are necessary for the City to acquire the Property consisting of approximately one hundred sixty eight (168) acres of land, as described on Exhibit "A", together with 3 shares of Pleasant Valley Lake Canal Company (totaling 119.22 acre feet) for an amount not to exceed $1.9 million. Section 2. That the City Manager is hereby authorized to execute a lease agreement with Russ Jackson for a period of two (2) years for the continued use of the property as a residence and for farming and ranching operations. Section.'. That the Natural Areas Parcel steal l be known as the"Hazaleus Natural Area". Section 4. That the Property, while owned by the City, shall be used solely as a public natural area, and that in the event that the City Council subsequently determines that it is in the best interests of the City to sell or otherwise dispose of all or any portion of the Property, the proceeds of such sale shall be dedicated to the acquisition or maintenance of other public natural areas. Section 5. The Fort Collins Housing Authority shall be granted a first right of refusal through February 29, 2000, to acquire the Development Parcel for an amount equal to the proportional share of the total acquisition cost attributable to the Development Parcel,together with interest thereupon from the date of the acquisition for a period of 60 days. Section 6. That if the Housing Authority declines to purchase the Development Parcel, the City Manager shall conduct a process to select a purchaser of the Development Parcel, which process shall emphasize the affordable housing benefits to be generated by the proposals received, and shall make a recommendation to the Council regarding the sale of the Development Parcel for development, including the terms and conditions of the sale. Section 7. That if the sale of the Development Parcel is not completed within one year of the date upon which the City acquires the same,the City Manager shall present to the Council an ordinance authorizing the transfer of appropriations from such funds as shall be determined to be appropriate at that time, to the natural areas portion of the Building Community Choices Fund, in an amount equal to the proportional share of the total acquisition cost attributable to the Development Parcel, together with interest thereupon from the date of the acquisition. Passed and adopted at a regular meeting of the City Council held this 2nd day of November, A.D. 1999. Mayor >! ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION SW '`/4 and S '/2 of S '/z of NW '/4 of Section 11, Township 6 N, Range 69 W of the 6`h P.M., less 3 acre road and 3 acre RR and less Book 1267 at Page 444.