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HomeMy WebLinkAbout1996-028-03/05/1996-FOSSIL CREEK NATURAL AREA PURCHASE 40 ACRES US 287 ASSOCIATES RESOLUTION 96-28 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASE OF APPROXIMATELY FORTY ACRES OF LAND FOR NATURAL AREA PURPOSES WHEREAS, U.S. 287 Associates, a Colorado`General Partnership, is the owner of approximately forty (40) acres of land in south Fort Collins, which land is located west of U.S. Highway 287 and surrounding Fossil Creek, and is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference and referred to herein as "the Property"; and WHEREAS, U.S. 287 Associates has entered into a contingent purchase and sale agreement with the City whereby the City may acquire the Property for Eight Hundred Thousand Dollars ($800,000.00); 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 calls for an open space and trail corridor along Fossil Creek as it traverses the Property; and WHEREAS,the purchase of the Property will help the City meet the objectives of the City's Natural Areas Policy Plan and Parks and Recreation Master Plan; and WHEREAS, portions of the Property may not be essential for public purposes and may be suitable for future private development; 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 the 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 the Property is fair and reasonable and in the best interests of the citizens of the City; NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager and City Attorney are hereby authorized to execute such documents as are necessary to fully perform the City's obligations under a purchase and sale agreement with U.S. 287 Associates to acquire approximately forty (40) acres of land more particularly described on Exhibit"A", attached hereto and incorporated herein by this reference (the "Property"), for a cash purchase price of Eight Hundred Thousand Dollars ($800,000.00). Section 2. That the Property, while owned by the City, shall be used solely for public natural area and trail purposes 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 for development compatible with the City's interests and make recommendations regarding any such possibilities to Council within 180 days. Passed and adopted at a regular meeting of the Counc' the ity of Fort Coll el this 5th day of March, A.D. 1996. Mayor ATTEST: �^ City Clerk EXHIBIT A LEGAL DESCRIPTION A tract of land situated in the SE1/4 of Section 2, Township 6 North, Range 69 West of the 6th P.M. which, considering the East line of said SE1/4 as bearing North 0 degrees 47 minutes East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of the said SE1/4 which bears South 88 degrees 39 minutes West 75 feet from the Southeast corner of said Section 2 and runs thence along the Westerly right of way line of U.S. Highway No. 287, North 0 degrees 49 minutes 30 seconds East 1221 .5 feet and again North 22 degrees 31 minutes East 67.3 feet and again North 0 degrees 51 minutes 10 seconds East 471.89 feet to a point from which a point on the East line of Section 2 which is 1752.70 feet North of the Southeast corner of said Section bears South 88 degrees 45 minutes East; thence North 88 degrees 45 minutes West 917.40 feet to a point on the Easterly right of way line of the Colorado and Southern Railroad; thence along said Easterly right of way line South 0 degrees 58 minutes West 785.85 feet and again along the arc of a 2936.14 foot radius curve to the right a distance of 239.15 feet, the long chord of which bears South 03 degrees 18 minutes West 239.06 feet and again along the arc of a 1532.70 foot radius curve to the right a distance of 374.51 feet, the long chord of which bears South 12 degrees 38 minutes West 373.58 feet and again along the arc of a 2936.14 foot radius curve to the right a distance of 239.15 feet, the long chord of which bears South 21 degrees 58 minutes West 239.06 feet and again South 24 degrees 18 minutes West 210.51 feet to a point on the South line of the said SE1/4; thence along the South line of the said SE1/4 North 88 degrees 39 minutes East 1151 .90 feet to the POINT OF BEGINNING. County of Larimer, State of Colorado