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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.