HomeMy WebLinkAbout1995-007-01/03/1995-NATURAL AREA PURPOSES NEW NOTE PARTNERSHIP PURCHASE 277.5 ACRES SEC33-T7N-R68W RESOLUTION 95-7
OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING
THE PURCHASE OF 277.5 ACRES OF LAND
FOR NATURAL AREA PURPOSES
WHEREAS, the New Note Partnership ('New Note"), a Colorado General Partnership,
is the owner of approximately 277.5 acres of land located north of Harmony Road and west and
east of Interstate 25 in Fort Collins, more particularly described on Exhibit "A," attached hereto
and incorporated herein by this reference and referred to herein as "the Property"; and
WHEREAS, New Note has agreed to sell 239.5 acres of the Property to the City for
$1,600,000, and to donate the remaining 38 acres of the Property to the City within five years;
and
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,
interTrdive,_and-recreational-programs-to-meet-community needs; and-
WHEREAS, the purchase of the Property will help the City meet the objectives of the
City's Natural Areas Policy Plan, the Parks and Recreation Master Plan, and the Harmony
Corridor Plan; and
WHEREAS, portions of the property may not be essential for public purposes and may
be suitable for future private development; and
WHEREAS, the State Land Board has expressed interest in purchasing a portion of the
property for development of a welcome center and office complex; and
WHEREAS, the property also contains certain outdoor advertising signs whose
compatibility with public natural area purposes has not been determined; and
WHEREAS, in the November 1992 General Election, the citizens of the City of Fort
Collins approved a one-quarter cent sales tax for the purpose of acquisition and maintenance of
natural areas; and
WHEREAS, sufficient funds are available and appropriated in the Natural Areas Project
in the Capital Projects Fund for the acquisition of said Property, and additional funds are
available in the Capital Projects Fund for maintenance of the Property following acquisition; and
WHEREAS, the Council has determined that the purchase price of said property is fair
and reasonable-and the purchase of the property is irr tare 'crest interests of tht-citizens of the-City;
and
WHEREAS, on December 7, 1994 the Natural Resources Advisory Board and the Parks
and Recreation Board recommended to the Council that the acquisition of the Property be
completed.
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 for the City to acquire the Property comprising approximately
two-hundred seventy-seven and one-half acres (277.5) of land, as described on Exhibit "A," with
239.5 acres to be sold to the City for $1,600,000, and with the remaining 38 acres of the
Property to be donated to the City within five (5) years.
Section 2. That the two-hundred seventy-seven and one-half acres (277.5) of land, while
owned by the City, shall be used solely as a public natural area, which use may include retention
of outdoor advertising signs currently located on the Property, 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 3. That City staff is directed to further investigate the potential for resale of
portions of the property to the State Land Board or other parties for development compatible with
the City's interests and to make recommendations regarding any such possibilities to Council
within 90 days.
Section 4. That City staff is directed to further investigate the pros and cons of retaining
the outdoor advertising signs currently located on the property and make recommendations to
Council regarding such signs within 90 days.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 3rd day of January A.D. 1995.
Mayor
ATTEST:
1
City Clerk`�'
EXHIBIT "A"
Page 1 of 2
LEGAL DESCRIPTION
Approximately Two Hundred Seventy-Seven and One-Half (277.5) acres,
more or less, more fully described as follows:
The S4 of the SE4 of Section 33, Township 7 North, Range 68 West of
the 6th P.M. ,
EXCEPT a tract of land conveyed to Hewlett-Packard Company by deeds
recorded in Book 1714 at Page 323 and Book 1714 at Page 324, and
also EXCEPTING a _parcel of land conveyed to the Department of
Highways by deed recorded in Book 1430 at Page 623 , Larimer County,
Colorado records.
PARCEL II•
COMMENCING at the Northwest Corner of Section 34, Township 7 North,
Range 68 West of the 6th P.M. ;
thence East on Section line 486 feet to center of Cache La Poudre
River;
thence S340411E, 1605.5 feet;
thence S580131E, 1177 feet;
thence East 1560 feet to East line of SW4 of NE/2 ;
thence South on said line 700 feet to Southeast Corner of said SW4
NE 4;
thence West 4 mile to center of said Section;
thence South kZ mile to the South One-Quarter Corner of said
Section;
thence West s mile to the Southwest Corner of said Section;
thence North 1 mile to the POINT OF BEGINNING;
EXCEPT parcels conveyed to the State Highway Department by Deed
recorded in Book 824 at Page 141; in Book 825 at Page 365; in Book
1229 at Page 577; in Book 1229 at Page 580; in Book 1247 at Page
526; by Decree recorded January 18, 1971 in Book 1450 at Page 929;
and parcels described in Book 864 at Page 491, in Book 1726 at Page
668 and in Book 1733 at Page 777 of the Larimer County, Colorado
records.
AND,
BEGINNING at the Northwest Corner of Section 34, Township 7 North,
Range 68 West of the 6th P.M. ;
thence East on Section line 486.00 feet;
thence S240411E, 1605.5 feet;
thence S580131E, 1177.0 feet;
thence East 286. 1 feet to the TRUE POINT OF BEGINNING;
thence N320261E, 286.2 feet;
thence N610431E, 368.83 feet;
thence S570021E, 445.0 feet;
thence S4411001/21E, 215.49 feet;
thence West 1150. 19 feet to the TRUE POINT OF BEGINNING.
All of the above described lands being in Larimer County, Colorado.
EXHIBIT "A"
Page 2 of 2
TOGETHER WITH all corrals, fences, buildings, and other
improvements now located thereon, including all fixtures of a
permanent nature; and
TOGETHER WITH all of Seller's right, title, and interest in and to
easements, rights-of-way, and rights to same belonging and inuring
to the benefit of the Property; and
TOGETHER WITH all right, title and interest, in and to all water
and water rights, ditches and ditch rights, wells, sumps, and
reservoir rights, including but not necessarily limited to the
following:
(a) Four (4) shares of the capital stock of the Box Elder
Ditch Company
TOGETHER WITH one hundred percent (100%) of all of Seller's right,
title and interest in and to all mineral rights owned by Seller in
connection with the above described property.