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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 .