HomeMy WebLinkAbout2004-147-12/21/2004-AUTHORIZING INTERGOVERNMENTAL AGREEMENTS WITH LARIMER COUNTY REGARDING THE BEE AND WEBER CONSERVATIO RESOLUTION 2004-147
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING INTERGOVERNMENTAL AGREEMENTS
WITH LARIMER COUNTY REGARDING
THE BEE AND WEBER CONSERVATION EASEMENTS
WHEREAS,Latimer County has previously negotiated and acquired conservation easements
on two properties in the Fort Collins - Wellington Community Separator area, consistent with the
City's Land Conservation and Stewardship Master Plan, which was approved by the City Council
by its adoption of Resolution 2004-092 in July 2004; and
WHEREAS, the two conservation easements, which were acquired from the prior owners,
Bee and Weber, and which encumber property described in Exhibit A and Exhibit B, respectively,
attached hereto and incorporated herein by this reference (the Bee Conservation Easement and the
Weber Conservation Easement, respectively), are of value to the City in light of the City's interest
in the Fort Collins - Wellington Community Separator; and
WHEREAS, City and County staff have worked to negotiate an arrangement by which the
County would assign to the City a 50% undivided interest in the Bee Conservation Easement and
the Weber Conservation Easement,in exchange for reimbursement of 50%of the County's costs of
acquiring those easements, which would constitute a payment to the County of$281,720; and
WHEREAS, staff has proposed that the assignment be set out in recordable assignment
agreements (the "IGAs"), which will provide that Latimer County be primarily responsible for
monitoring and enforcing the Bee and Weber Conservation Easements, while the City will have a
secondary role and the ability to raise issues and take enforcement action as appropriate; and
WHEREAS,Article 11,Section 16 of the City Charter and Section 29-1-203,C.R.S.,provide
that the Council may enter into agreements with other governmental bodies for the performance of
cooperative or joint activities; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to sell or otherwise dispose of any and all interests in real property owned in the name
of the City, provided that Council first finds by ordinance that the sale or disposition is in the best
interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute the IGAs upon the terms and conditions
outlined above,together with such otherterms andconditions or minor modifications oramendments
as the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City and effectuate the purposes set forth herein.
Passed and adopted at a regular meeting of the City Council held this 21 st day of December,
A.D. 2004.
Mayor T^
ATTEST:
)41 !
City Clerk
EXHIBIT "A"
PAGE 1 OF 2
LEGAL DESCRIPTION
Lot 1,
Bee M.L.D. ,
COUNPY OF LARIMER,
STATE OF COLORADO
EXHIBIT "A"
BEE M.L.D. PAGE 2OF2
located In the Southwest Y. of Seallan 10, Township 8 North, Range 88
West of the 611h P.M., lorlmar County, CO
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EXHIBIT"B"
PAGE 1 OF 2
LEGAL DESCRIPTION
Lot 1, Weber M.L.D. ,
COUNTY OF LARIMER,
STATE OF COLORADO
EXHIBIT ..B„
PAGE 2 OF 2
WEBER M.L.D.
located in the Southeast h of Section 10, Township 6 Rarth, Range 68
West of the 61h P.M.. Lorimer County. CO
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