HomeMy WebLinkAbout1987-161-11/03/1987-AGREEMENT HALLIGAN RESOURCES COMPANY PHANTOM CANYON RANCH COMPANY RESERVOIR RESOLUTION 87- 161
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE PHANTOM CANYON RANCH COMPANY
AND HALLIGAN RESOURCES COMPANY REGARDING
HALLIGAN RESERVOIR
WHEREAS, the Phantom Canyon Ranch Company and Halligan Resources
Company (referred to collectively herein as the "Sellers") are the owners
of a decreed water right to store water in an enlargement of the Halligan
Reservoir, which reservoir is owned and operated by the North Poudre
Irrigation Company; and
WHEREAS, the Sellers have expended considerable sums of money in the
preparation of engineering plans, studies and drawings pertaining to the
proposed enlargement of Halligan Reservoir, and are the owners of the same;
and
WHEREAS, the Sellers, and particularly Phantom Canyon Ranch Company,
are the owners of certain real property adjacent to and abutting Halligan
Reservoir; and
WHEREAS, the City is desirous of obtaining an option to acquire such
properties as are owned by one or both of the Sellers adjacent to the
Halligan Reservoir and necessary for the purpose of enlargement of said
reservoir; and
WHEREAS, the City is further desirous of obtaining an assignment of
the decreed water right to store water in an enlargement of Halligan
Reservoir and all engineering plans, studies and drawings pertaining to
said enlargement; and
WHEREAS, the Sellers are ready, willing and able to assign all of
their interests in said water right and in the engineering plans, studies
and drawings pertaining to said enlargement, together with an option to the
City to acquire certain property adjacent to Halligan Reservoir as is
necessary for the purpose of accomplishing the enlargement; and
WHEREAS, the Sellers are further desirous of assigning to the City all
of their right to enlargement of Halligan Reservoir pursuant to agreement
with the North Poudre Irrigation Company, all in consideration of the
payment by the City of One Hundred Thousand Dollars (b100,000.) to the
Sellers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager be, and he hereby is, authorized, on behalf
of the City, to enter into an agreement with the Sellers for the
acquisition of the Sellers' interests in the enlargement of Halligan
Reservoir as represented by agreement, as amended, between the Sellers and
North Poudre Irrigation Company, and by decree of the Water Court
authorizing the diversion and storage of water in an enlargement of
Halligan Reservoir, together with all engineering plans, studies and
drawings pertaining to the enlargement and together with an option to
acquire certain property of the Sellers adjacent to the reservoir as
necessary for the enlargement thereof, all as set forth in the proposed
agreement, in consideration of the payment by the City to the Sellers of
the sum of One Hundred Thousand Dollars ($100,000. ) .
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 3rd day of November, A.D. 1987.
Cam . ,
M /
ATTEST:
City Clerk