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Home My WebLink About1995-117-08/15/1995-FREE ENTERPRISES INC MCGARVEY STARK NATURAL AREA PURPOSES PURCHASE 139 ACRES RESOLUTION 95-117 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING-THE PURCHASE OF APPROXIMATELY ONE-HUNDRED THIRTY-NINE ACRES OF LAND FOR NATURAL AREA PURPOSES WHEREAS, G. D. McGarvey, Lee A. Stark, and Free Enterprises, Inc. are the owners of approximately 139 acres of land located east of Taft Hill Road and north of the Cathy Fromme Prairie in southwest 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, G. D. McGarvey, Lee A. Stark, and Free Enterprises; Inc. have agreed to sell the Property to the City lot-the amount of a1,3319;408; 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; interpretive, and recreational programs to meet community needs; and WHEREAS,the Parks and Recreation Master Plan as adopted by the City Council delineates an open space and trail corridor in the Fossil Creek drainage within the City which includes the Property; and WHEREAS, the Plan for the Region Between Fort Collins and Loveland as adopted by the City Council delineates an open space area which includes the Property; and WHEREAS, the purchase of the Property will help the City meet the objectives of the City's Natural Area., Policy Plan, Parks and Recreation Master Plan; and the Plan for the Region Between Fort Collins and Loveland; 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 in the best interests of the citizens of the City; and WHEREAS,the Natural Resources Advisory Board and the Parks and Recreation Board have 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 as described on Exhibit "A," for the purchase price of $1,319,400. Section 2. 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 3: :'hat the-sale/purchase is conditioned; among other things, upon: • city approval of physical and environmental inspections. • seller's determination that development of an adjacent retained parcel approximately 45.5 acres in size is economically feasible. • the seller's reservation of certain utility related easements upon, under, and across the Property. Passed and adopted at a regular meeting of the Council of t of Fort Collin this 15th day of August, A.D. 1995. Mayor ATTEST: City Clerk EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE AGREEMENT OF PURCHASE AND SALE BETWEEN G. D. McGARVEY, LEE A. STARK, AND FREE ENTERPRISES, INC. ("SELLERS") AND THE CITY OF FORT COLLINS ("PURCHASER") LEGAL DESCRIPTION OF THE PROPERTY Tract 3 : A tract of land situate in the West 1/2 of the Northwest 1/4 and in the West 1/2 of the North 30 acres of the Southwest 1/4 of Section 3 , Township 6 North, Range 69 West of the 6th P.M. , City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of the said Northwest 1/4 as bearing N 00007108" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Northwest corner of said Section 3 and run thence N 89038145" E 417 . 60 feet along the North line of the said Northwest 1/4 ; thence S 01007156" W 429 . 21 feet to a- point- o-n_ tha Northerly bank of the Trilby Lateral; thence along the said Northerly bank, S 63014 / 32/1 E 164 . 11 feet and again S 82021117" E 66 . 91 feet and again N 77031151" E 97 . 85 feet and again S 10005135" E 69 . 28 feet and again S 33001' 18" E 80 . 70 feet and again S 54059111" E 63 . 18 feet and again S 67016146" E 49 . 47 feet and again S 75028154" E 49 . 01 feet and again S 18049156" E 57 . 81 feet and again S 33016155" E 49 . 95 feet and again S 58048110" E 50 . 24 feet and again S 70010153" E 58 . 94 feet and again S 75014124" E 121 . 52 feet and again N 88054120" E 51. 45 feet and again N 73004136" E 90 . 98 feet to a point on the East line of the West 1/2 of the said Northwest 1/4 ; thence along the said East line, S 00004159" W 2284 . 39 feet to a point on the South line of the North 30 acres of the said Southwest 1/4 ; thence S 89044115" W 1322 . 18 feet along the said South line to a point on the West line of the said Southwest 1/4 ; thence N 00007125" E 494 . 35 feet along the said West line to the West 1/4 corner of said Section 3 ; thence N 00007108" E 2633 . 79 feet along the West line of the said Northwest 1/4 to the point of beginning. - Tract 4 : A tract of land situate in the East 1/2 of the Northwest 1/4 and in the East 1/2 of the North 3-0- acres_ of the Southwest 1/4- of Section 3 , Township 6- North, Range 69 West of the 6th P.M. , Larimer County, Colorado, which considering the West line of the said (HFBM 7/05/95) - 21 - PAGE 2 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE AGREEMENT OF PURCHASE AND SALE BETWEEN G. D. McGARVEY, LEE A. STARK, AND FREE ENTERPRISES, INC. ("SELLERS") AND THE CITY OF FORT COLLINS ("PURCHASER" ) LEGAL DESCRIPTION OF THE PROPERTY (Continued from Exhibit "A") Northwest 1/4 as bearing N 00007108" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the Northerly bank of the Trilby Lateral which bears N 89038145" E 1320. 19 feet and again S 00004159" W 845 . 86 feet from the Northwest corner of said Section 3 and . run thence along the said Northerly bank, N 73004136" E 10 . 82 feet and again S 59015112" E 94 . 79 feet and again S 82010120" E 34 . 21 feet; thence leaving said Northerly bank, N 87006103" E 1G7 . 70 feet to a point on the said Northerly_ bank;_ thence along the said Northerly bank, ; 53035127" E 11.5 . 1.0 feet and again S 33041134" E 99 . 13 feet and again S 48027129" E 70 . 93 feet and again S G4046115" E 77 . 28 feet and again S 70023140" E 146 . 64 feet and again S 45004 '57" E 47 . 68 feet and again S 75059111" E 30 . 44 feet and again N 73022129" E 53 . 72 feet and again N 50007156" E 38 . 27 feet; thence leaving said Northerly bank, S 72054137" E 221 . 25 feet to a point on the said Northerly bank; thence along the said Northerly bank, S 16041149" E 147 . 88 feet and again S 00043 '39" W 67 . 58 feet and again S 50017144" E 44 . 17 feet and again S 85003115" E 46. 07 feet and again N 50017145" E 106 . 31 feet and again N 73003150" E 55 . 03 feet to a point on the East line of the said Northwest 1/4 ; thence S 00002149" W 1232 . 94 feet along the said East line to the Center 1/4 corner of said Section 3 ; thence S 00003 ' 42" W 494 . 35 feet along the East line of the said Southwest 1/4 to a point on the South line of the North 30 acres of the said Southwest 1/4 ; thence S 89044115" W 1322 . 01 feet along the said South line to a point on the West line of the East 1/2 of the West 1/2 of said Section 3 ; thence N 00004 ' 59" E 2284 . 39 feet along the said West line to the point of beginning. - (HFBM 7/05/95) - 22 -