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HomeMy WebLinkAbout1993-147-10/05/1993-NATURAL AREA PURCHASE 173 ACRES SOUTHWEST COMMUNITY PARK WHITHAM YOUTH SPORTS COMPLEX RESOLUTION 93-147 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASE OF 173 ACRES OF LAND FOR A SITE FOR A SOUTHWEST COMMUNITY PARK/ YOUTH SPORTS COMPLEX, AND FOR PUBLIC NATURAL AREAS WHEREAS, one of 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, in the November 1992 General Election, the citizens of the City of Fort Collins approved a 1/4 cent sales and use tax for the purpose of acquisition and maintenance of natural areas; and WHEREAS, the City Council has heretofore appropriated funds for the 1/4 cent sales and use tax in the Capital Projects Fund for the purpose of acquisition and maintenance of natural areas; and WHEREAS, the City Council , pursuant to Ordinance No. 9, 1989, provided for the imposition of the Choices 95 1/4 cent sales and use tax and included within the list of projects to be funded from the proceeds of the tax the acquisition of land for a Southwest Community Park/Youth Sports Complex; and WHEREAS, David and Mary Whitham have entered into a contingent Purchase and Sale Agreement with the City, whereby the City may acquire approximately 103 acres of land in the southwest portion of the City described on attached Exhibit "A," which is incorporated herein by this reference ("the Property") ; and WHEREAS, pursuant to the aforesaid Purchase and Sale Agreement, the City is in a position to acquire the Property for the cash sum of $1,425,000; and WHEREAS, 70 acres of the Property would be acquired for public natural areas for the amount of $560,000, and sufficient funds are available and appropriated in the Capital Projects Fund for the acquisition of said Property, and additional funds are available in the Capital Projects Fund for maintenance of this natural area following acquisition; and WHEREAS, 103 acres of the Property would be acquired as the site for the Southwest Community Park/Youth Sports Complex for the amount of $865,000; and WHEREAS, Choices 95 tax revenue proceeds are not presently available for the acquisition of a Southwest Community Park/Youth Sports Complex site, but will be available in 1996; and WHEREAS, there is available from reserves in the Street Oversizing Fund $865,000 that could be used for the acquisition of the Southwest Community Park/Youth Sports Complex site, which sum represents contributions from the General Fund to the Street Oversizing Fund; and WHEREAS, the City Council has determined that the purchase price of the Property is fair and reasonable and that the purchase of the Property is in the best interest of the citizens of the City of Fort Collins; and WHEREAS, the Natural Resources Board and the Parks and Recreation Board unanimously recommended the acquisition of the natural areas portion of the Property during a joint meeting on September 15, 1993, and the Parks and Recreation Board reviewed the proposed acquisition of the Southwest Community Park/Youth Sports Complex site on September 22, 1993, and unanimously recommended that Council approve the acquisition of this park site. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager and Mayor be, and hereby are, authorized to execute such documents as are necessary to fully perform the City's obligations under that certain Purchase and Sale Agreement with David W. Whitham and Co. and Mary E. Whitham and Co. , dated September 22, 1993, to acquire approximately one hundred seventy-three (173) acres of land in the southwest portion of Fort Collins, which is more particularly described on attached Exhibit "A," which is incorporated herein by this reference, for a cash purchase price of One Million Four Hundred Twenty-five Thousand Dollars (E1,425,000) . Section 2. That the seventy (70) acres of the Property purchased for natural areas, while owned by the City, shall be used solely as a public natural area, and that in the event 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 natural areas portion of said Property, the proceeds of such sale shall be dedicated to the acquisition or maintenance of other public natural areas. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 5th day of October, A.D. 1993. 4 ayor ��— ATTEST: City Clerk 2 EXHIBIT "A" Legal Description The SW; and the W= of the SW4 of the SE; Section 28, Township 7 North, Range 69 West of the 6th PM, Larimer County, Colorado, containing 173 acres, more or less.