HomeMy WebLinkAbout1994-020-02/01/1994-COY DITCH NATURAL AREAS PURCHASE 25 ACRES STORM DRAINAGE WATER RIGHTS WILLOW RUN PARTNERSHIP RESOLUTION 94-20
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASE OF APPROXIMATELY 25 ACRES OF LAND
AND THE PURCHASE OF WATER RIGHTS FOR PUBLIC NATURAL
AREAS AND STORM DRAINAGE PURPOSES
WHEREAS, the Willow Run Partnership is the owner of approximately 25 acres
of land located south of the Poudre River, east of East Lincoln Street and north
of Riverside Avenue 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, the City has determined that the reasonable market value of the
Property is $285,000; and
WHEREAS, the Willow Run Partnership has agreed to sell the Property to the
City for the amount of $232,275, and to donate, to the City the remaining $52,725
of value in the Property, so long as the City agrees to use the Property for
municipal purposes for a period of at least 25 years; and
WHEREAS, the City would use the Property for public natural areas and storm
drainage purposes; and
WHEREAS, the Willow Run Partnership has also offered to sell to the City
a 1/5 share of a 1/2 interest in the Coy Ditch, (the "Water Right") , representing
an annual diversion of approximately 38 acre feet of water for the amount of
$40,750; and
WHEREAS, the City has determined that the Water Right has a market value
of $50,000 and would recognize a donation of $9,250 in the value of the Water
Right; and
WHEREAS, one of the objectives of the City's 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; 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 purchase of the Property and the Water Right will help the
City meet the objectives of the City's Natural Areas Policy Plan; 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, $217,279 of the purchase price for the Property and the Water
RFight will, come- from the Capital Projects Fundy N,}tural Areas Capital Project,
and $55,746 of the purchase price will come from reserves in the Storm Drainage
Fund, which amounts represent the portions of the Property which will be used for
natural areas and storm drainage purposes, respectively; and
WHEREAS;_ the_ City_ Cauncil_ has_ heretofore_ appropriated_ funds_ for the- V4
cent sales and use tax in the Capital Projects Fund for the purpose of
acquisition and maintenance of natural areas, and there are sufficient amounts
in this fund to pay for the Natural Area's share of the cost of the Property and
Water Right; and
WHEREAS, there are sufficient reserves in the Storm Drainage Fund to cover
the Stormwater Utility's share of the purchase price of the Property and the
Water Right; and
WHEREAS, the City Council has determined that the purchase price of the
Property and the Water Right is fair and reasonable, and the purchase of the
Property and the Water Right is in the best interests of the citizens of the City
of Fort Collins; and
WHEREAS, the Natural Resources Board and the Storm Drainage Board have
recommended the acquisition of the Property and the Water Right on the terms and
conditions stated above.
NOW; THEREFORE, BF IT RESOLVElY 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 twenty-five (25) acres of land, as described on Exhibit
"A," for the amount of Two Hundred Thirty-two Thousand Two Hundred Seventy-five
Dollars ($232,275) aii& aiso- to- purchase a 1/5 share of a 1/2 interes-t in the Coy
Ditch, representing an annual diversion of approximately thirty-eight (38) acre
feet of water for the amount of Forty Thousand Seven Hundred Fifty Dollars
($40,750) .
Section 2. That approximately nineteen (19) acres of the Property, as well
as the Water Right, shall be used by the City for public natural areas, and
approximately six (6) acres of the Property shall be used for storm drainage
purposes.
Passed and adopted at a regular meeting of th until of e ity of Fort
Collins held this 1st day of February, A.D. 19
ayor
ATTEST:
City Clerk
2
Page 1 of 2
EXHIBIT "A"
A part of the S 1/2 of Section 12 , Township 7 North, Range 69 West
of the 6th P.M. , Larimer County, Colorado, and a part of Blocks 10,
E, F, and G in the City of Fort Collins, Colorado, which is more
particularly described as follows: Considering the North line of
the SE 1/4 of said Section 12 as bearing S 89 degrees 57 minutes F
and with all bearings contained herein relative thereto is
contained within the boundary lines which begin at a point which
bears S 89• degrees 57 minutes E 720. 63 feet and again S 09 degrees
06 minutes 15 seconds W 813 . 90 feet from the center 1/4 corner of
said Section 12 and run thence S 09 degrees 06 minutes 15 seconds
W 985.83 feet to a point on the Northerly line of the tract of land
described in Book 830 at Page 8 of the Larimer County Clerk and
Recorder' s Office; thence along said Northerly line, N 79 degrees
55 minutes W 189 . 00 feet and again S 40 degrees 55 minutes W 6. 80
feet to a point on the Northeasterly line of the Colorado &
Southern Railroad; thence along said Northeasterly line, N 48
degrees 48 minutes W 316. 67 feet to a point on the East line of the
SW 1/4 of said Section 12; thence along said East line, N 00
degrees 15 minutes 20 seconds W 26.70 feet; thence along the
Northeasterly line of the Colorado & Southern Railroad, N 48
degrees 48 minutes W 450.50 feet and again along the arc of a
1, 096. 30 foot radius curve to the right a distance of 640. 35 feet,
the long chord of which bears N 32 degrees 04 minutes W 631. 32 feet
and again N 15 degrees 20 minutes W 254 . 31 feet to a point on the
Westerly line of the tract of land described in Book 1406 at Page
920 of the Larimer County Clerk and Recorder's Office; thence along
the Westerly, Southerly, and Easterly lines of said tract, S 23
degrees 38 minutes 30 seconds E 76. 82 feet and again N 51 degrees
42 minutes 30 seconds E 58. 50 feet and again N 04 degrees 13
minutes 30 seconds E 310. 00 feet; thence N 00 degrees 06 minutes 10
seconds E 36.91 feet to the Northwest corner of the tract of land
described in Book 1157 at Page 230 of the Larimer County Clerk and
Recorder' s Office; thence along the approximate centerline of the
Cache La Poudre River, S 31 degrees 37 minutes E 155 . 97 feet and
again S 27 degrees 06 minutes E 169 . 50 feet and again S 34 minutes
36 seconds E 115. 63 feet and again S 78 degrees 56 minutes E 28 . 01
feet and again N 85 degrees 31 minutes 50 seconds E 254 . 40 feet and
again S- 76 degrees 49 minute5 i0 seconds E- IS6. 03 feet and again S
70 degrees 20 minutes 24 seconds E 252 . 58 feet and again S 33
degrees 22 minutes E 253 .90 feet; thence N .56 degrees 38 minutes E
84.70 feet to the point of beginning, containing 24 .443 acres more
or less and being subject to a sanitary sewer easement along the
Southwesterly line of the above described tract as recorded in Book
830 at Page 6 of the Larimer County Clerk and Recorder ' s Office.
AND ALSO,
A portion of the SW 1/4 of Section 12 , Township 7 North, Range 69
West of the 6th P.M. and a part of Block 10, City of Fort Collins
Page 2 of 2
which considering the North line of the SE 1/4 of said Section 12
as bearing S 89 degrees 57 minutes E and with all bearings
contained herein relative thereto, is contained within the boundary
lines which begin at a point which bears N 48 degrees 43 minutes W
40. 00 feet and again N 41 degrees 17 minutes E 6. 63 feet from the
North corner of Lot 1 of said Block 10 and run thence N 41 degrees
17 minutes E 61. 50 feet; thence N 51 degrees 47 minutes E 150. 00
feet; thence S 04 degrees 15 minutes W 310. 00 feet; thence S 51
degrees 44 ' W 58 . 50 feet; thence N 23 degrees 48 minutes 48 seconds
W 213 . 04 feet; thence N 48 degrees 43 minutes W 5 .77 feet; thence
N 06 degrees 11 minutes 20 seconds E 7 . 70 feet to the POINT OF
BEGINNING; EXCEPT parcel conveyed to City of Fort Collins for
Highway purposes recorded in Book 1723 at Page 324 .