HomeMy WebLinkAbout1991-039-03/05/1991-GRAZING RIGHTS LEASE MEADOW SPRINGS RANCH NATURAL FORT GRAZING LTD RESOLUTION 91- 39
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY OF FORT COLLINS TO
LEASE MEADOW SPRINGS RANCH GRAZING RIGHTS
TO NATURAL FORT GRAZING, LTD.
WHEREAS, the City of Fort Collins ("the City") recently purchased from
Meadow Springs Grazing Association ("MSGA") that certain real property commonly
known as the Meadow Springs Ranch ( "the Property") ; and
WHEREAS, in connection with that purchase, the City granted to MSGA a first
right of refusal to lease the Property from the City for grazing purposes; and
WHEREAS, MSGA has assigned all of its rights to its first right of refusal
to Natural Fort Grazing, Ltd. ("NFG") ; and
WHEREAS, City staff and NFG have negotiated a Grazing Lease Agreement, a
copy of which is attached hereto as Exhibit "A" and incorporated herein by
reference, ("the Lease") ; and
WHEREAS, the term of the Lease is for one year; and
WHEREAS, Section 23-114 of the Code of the City of Fort Collins authorizes
the City Council to lease, for a definite term of two years or less, any and all
interests in real property owned in the name of the City, provided the City
Council first finds, by resolution, that the lease is in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
1 . That leasing the Property to NFG for grazing purposes is in the best
interests of the City.
2. That the Lease and its terms are hereby approved.
3. That the Mayor be, and she hereby is, authorized to execute the Lease
and any and all other legal instruments as are necessary for the City to lease
the Property to NFG for grazing purposes.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 5th day of March, A.D. 1991 .
Mayor
ATTEST:
City Clerk
GRAZING LEASE AGREEMENT
TH S AGREEMENT, made and entered into this 74"� day of
C�✓( , 1991, by and between The City of Fort Collins,
Colorado, a municipal corporation, (Lessor) , and Natural Fort
Grazing Association, a Colorado corporation, (Lessee) .
WITNESSETH:
In consideration of the mutual covenants and obligations
herein expressed, it is agreed by and between the parties hereto
as follows:
1. Description of Property. The Lessor, for and in
consideration of the payment of the rent herein reserved and the
keeping and performance of the covenants and agreements by the
Lessee, hereinafter set forth, hereby leases unto the Lessee for
livestock grazing purposes only, that certain real property
situated in the County of Larimer, and the County of Weld in the
State of Colorado, more particularly described in Exhibit "A" ,
attached hereto and made a part hereof, and consisting of
approximately 18 , 130 acres of deeded land, and approximately
7 , 550 acres of land leased from the State of Colorado, and
approximately 136 acres of land leased from the Platte River
Power Authority, more or less, subject to the specific
reservations and conditions set forth herein.
2 . Term of Lease. The term of this lease shall be for a
period of one year, commencing at 12 : 00 noon on the 1st day of
March, 1991, and terminating at 12 : 00 noon on the 1st day of
March, 1992 , provided, however, that the subleasing herein of the
above described State of Colorado land, and the subleasing herein
of the above described Platte River Power Authority land is
contingent upon the continued leasing of said land by the State
of Colorado, and the Platte River Power Authority to the Lessor;
and, contingent upon approval, if required, by the State of
Colorado and/or the Platte River Power Authority of the lease,
and, provided further, that the leased premises shall not include
the unoccupied residence on the North end of the ranch
headquarters site.
3 . Compensation. In consideration of the leasing of the
premises aforesaid by the Lessor to the Lessee, Lessee covenants
and agrees with the Lessor, its successors and assigns, to pay to
the lessor as rent for said premises, the sum of Nine Dollars
($9 . 00) per month for each animal unit. An animal unit is herein
defined as follows:
-2-
Category Equivalency
Cow and unweaned calf pair. . . . . . . . . . . . . . . . . .=1. 0 Animal Units
Mature Bulls. . . . . . . . . . . . . . . . . . . . . . . . . . . . .=1 . 5 Animal Units
Yearlings. . . . . .Percent of 1, 000 lbs. weight =1. 0 Animal Units
Horses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .=1. 0 Animal Units
Weights for yearlings shall be confirmed by certified scale .
receipts at the time of delivery of the animal upon lessor's
land, or other mutually acceptable technique.
4 . Conditions of Use. The Lessee hereby acknowledges and
agrees that the property which is the subject of this Grazing
Lease Agreement, will be used for municipal sludge storage and
application purposes, and related activities. The Lessee further
covenants to the Lessor as follows, to wit:
A. That Lessee will not place or remove livestock to or
from any pasture, without prior notification to Lessor.
B. That Lessee will graze only such numbers and types of
livestock, and in such locations, as have been previously
authorized by Lessor.
C. That Lessee will not hold Lessor responsible for any
livestock injuries or deaths, regardless of cause, incurred as a
result of grazing upon Lessor's land.
D. That Lessee will make all payments in a timely manner.
E. That Lessee will not sublet said grazing rights without
prior written consent of Lessor.
F. That Lessee will, prior to placing livestock on the
premises, make an advance payment of twenty thousand dollars
($20, 000) to Lessor each year.
G. That Lessee will make a final payment to Lessor equal to
all rent charges accrued for each year, minus the twenty thousand
dollar ($20, 000) advance payment, no later than December 1 of
each year.
H. That in case said grazing rights are unused, or any part
of the rent herein reserved is unpaid or Lessee shall fail to
perform any of the terms and conditions herein contained, then
the Lessor, its successors or assigns may, at its or their
election, declare said term ended upon giving to the Lessee ten
days written notice in advance and to re-enter and repossess said
-3-
premises as in its first and former estate; and if possession
thereof shall be retained after such termination, such retention
shall be deemed a forceable detainer of said premises and any
person or persons so retaining possession shall be subject to
eviction and removal, forcibly or otherwise, with or without
process of law.
I. That Lessee shall provide all labor necessary for
routine maintenance of Lessor's property and improvements.
J. That Lessee shall be responsible for all utility costs
associated with the main residence provided for Lessee's use.
5. Items Agreed to by Lessor. The Lessor hereby agrees as
follows, to wit:
A. To provide all materials necessary for routine
maintenance of Lessor's property and improvements.
B. To be responsible for major repairs to the Lessor's
property and improvements.
C. To perform such analyses as necessary to determine the
maximum allowable stocking rate for each grazing season, and to
notify Lessee in writing of such determination no later than
April 1 of each year; provided, however, that Lessor shall retain
the right to graze such numbers of livestock for its own purposes
as it deems necessary, and to subtract said numbers from any
determined maximum allowable stocking rate submitted to Lessee.
D. To provide Lessee with at least thirty days written
notice to remove Lessee's livestock, when Lessor determines that
range conditions dictate the end of the summer grazing season.
6. Huntina. Lessor hereby grants to Lessee the right to
sublease the property for hunting purposes provided that Lessee
remit to Lessor fifty percent (50%) of the charges paid to Lessee
by any such subtenant and further provided that Lessee releases,
indemnifies and holds harmless Lessor from and against any and
all liability, injuries, damages, costs, expenses, attorney fees
and judgements by reason of any type of injury or damage to
person or property caused or occasioned to Lessee or others by
any such hunting activity. Lessee's remittance to Lessor shall be
made within thirty (30) days of receipt of the hunting sublease
payment (or any part thereof) by Lessee.
7 . Access by Lessor. It is expressly agreed and understood
that Lessor shall at all times retain the right to enter said
premises for the purpose of municipal sludge storage and
disposal, and that Lessee's livestock shall not graze in areas
-4-
where sludge is being stored or actively applied; but, when
determined safe and acceptable by Lessor, Lessee's livestock may
be permitted to graze in areas where sludge has been previously
applied. Lessor will operate all sludge storage and disposal
operations in accordance with applicable state and federal sludge
disposal regulations.
8 . Extension of Lease Term. Sixty (60) days prior to the
scheduled expiration of this Grazing Lease Agreement, or any
extension thereof, Lessee may make application to the Lessor to
extend this Agreement with appropriate modifications for
successive one (1) year terms.
9 . Binding Effect. This Agreement and all of the
provisions herein contained shall extend to the benefit of and be
binding upon the Lessor, its successor: and assigns, and the
Lessee, and its successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto subscribed
their names and signed two copies of this agreement under their
hands and seals this -1441 day of Mzt,r'G1"1 1991.
THE C YO OF FORT COLLINS,
LESSOR
By:
Mayor
A,TTEST-
City Clerk
AP,R VED ASO FO
t:
City Attorney
THE NATURAL FORT GRAZING
ASSOCIATION, LESSEE
President
ATTEST:
Secretary
EXHIBIT A
LEGAL DESCRIPTION
Deeded Land
MEADOW SPRINGS
WELD COUNTY, COLORADO
LEGAL DESCRIPTION:
TOWNSHIP 10 NORTH, RANGE 67 WEST OF THE 6TH P.M.
Section 6: N1/2 and SW1/4
Section 7 : All
TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE 6TH P.M.
Section 5: All West of Interstate Highway No. 25 described
in Book 1619 at page 614 and in Book 1644 at
page 477 .
Section 6 : SE1/4 NW1/4 , Lot 2 and Lot 3 , EXCEPT that part
conveyed to The Colorado Railroad Company
described in Deed recorded in Book 335 at page
505, and EXCEPT that part conveyed to State of
Colorado for highway in Deed recorded in Book
1000 at page 309 .
Section 7 : All West of Interstate Highway No. 25 described
in Book 1619 at page 614 .
Section 19 : All, EXCEPT that part of said Section 19
described as follows: Beginning at the point
of intersection of the the East line of said
Section and the North line of the County Road
described in Book 999 at page 193 ; thence
Westerly along the Northerly line of said
County Road to the intersection with the
Easterly line of Interstate Highway No. 25
described in Book 1619 at page 614 ; thence
Northeasterly along the Easterly line of said
Highway No. 25 to the North line of said
Section; thence East to the Northeast corner
of said Section; thence South to the point of
beginning; EXCEPT that part of said Section
conveyed to Weld County for highway described
in Book 999 at page 193 ; and EXCEPT that part
conveyed to State Highway Department described
in Book 1619 at page 614 .
Section 29 : All
Section 3 0: N1/2 SE1/4, NE1/4 SW1/4 and SE1/4 NW1/4 , NE1/4 ,
N1/2 NW1/4
Section 3 2 : E1/2 , N1/2 NW1/4 , SE1/4 NW1/4 and NE1/4 SW1/4
-2-
TOWNSHIP 12 NORTH, RANGE 67 WEST OF THE 6TH P .M.
Section 20 : S1/2 S1/2 lying South and East of the right of
way of the Colorado & Southern Railway Company
described in Deed to The Colorado Railroad
Company recorded in Book 335 at page 505 , and
lying Westerly of the right of way of
Interstate Highway No. 25 described in Book
1619 at page 614 , EXCEPT a strip 150 feet in
width lying in the SE1/4 SW1/4 conveyed to
State of Colorado for highway described in Book
1000 at page 309 .
Section 29 : All West of Interstate Highway No. 25 described
in Book 1619 at page 614 , EXCEPT a strip of
land 200 feet wide through the NWl/4 of said
Section conveyed to The Colorado Railroad
Company by Deed recorded in Book 335 at page
505 , and EXCEPT that part conveyed to State of
Colorado for highway through the W1/2 of said
Section described in Book 1000 at page 309 .
Section 30 : All, EXCEPT a strip of land 200 feet wide
through E1/2 thereof conveyed to The Colorado
Railroad Company by Deed recorded in Book 335
at page 505 , EXCEPT that part conveyed to State
of Colorado For highway described in Book 1000
at page 309 .
Section 31: All, EXCEPT a strip of land 200 feet wide
conveyed to The Colorado Railroad Company by
deed recorded in Book 335 at page 505, and
EXCEPT that part conveyed to State of Colorado
described in Book 1000 at page 309 .
All of Parcel B in the County of Weld, State of Colorado.
-3-
LARIMER COUNTY, COLORADO
TOWNSHIP 10 NORTH, RANGE 68 WEST OF THE 6TH P.M.
Section 1: All, EXCEPT that part conveyed to State Highway
Department for highway described in Book 912
at page 491, and EXCEPT that part conveyed to
Department of Highways for highway described
in Book 1178 at page 454 .
Section 2 : All, EXCEPT those parts conveyed to The
Colorado Railroad Company described in Book 285
at pages 169 and 170, EXCEPT those parts
conveyed to County of Larimer for highway
described in Book 654 at pages 546 and 560,
EXCEPT that part conveyed to State of Colorado
for highway described in Book 912 at pages 490,
and EXCEPT that part conveyed to Department of
Highways for highway described in Book 1178 at
page 454, and EXCEPT that part conveyed to the
Platte River Power Authority as described in
Book 2100 at page 886.
Section 3 : All, EXCEPT that portion as conveyed to the
Platte River Power Authority in Book 2100 at
pge 886.
Section 11: All, EXCEPT those parts conveyed to County of
Larimer for highway described in Book 907 at
page 416 and in Book 1178 at page 462 , EXCEPT
that part conveyed to State of Colorado for
highway described in Book 912 at page 487 ,
EXCEPT that part conveyed to Department of
Highways for highway described in Book 1178 at
page 454 , EXCEPT that part conveyed to The
Colorado Railroad Company described in Book 290
at page 361, EXCEPT that part of the SE1/4
described as follows: Beginning at the
Southeast corner of said Section; thence North
89045130/1 West along the South line of said
Section a distance of 774.4 feet to the East
line of Interstate Highway No. 25; thence along
said Highway as follows: North 0014130/1 East
118 . 6 feet; thence North 89045130/1 West 61. 8
feet; thence North 4004 ' East 863 . 1 feet;
thence North 14004130/1 East 792 feet; thence
leaving said highway on a line East and
parallel with South line of said Section a
distance of 582 . 39 feet, more or less, to the
East line of said Section; thence South along
said East line 1747 . 74 feet to the point of
beginning; and EXCEPT that part of the SE1/4
described as follows: Beginning on the West
line of said SE1/4 80 feet North of the
Southwest corner of said SE1/4 ; thence North
along said West line 716.99 feet; thence on an
-4-
angle to the right of 900 a distance of 1361 . 68
feet, more or less, to the Westerly line of
Interstate Highway No. 25; thence South 21012 '
West along said Highway 746 . 52 feet to the
North line of County Road described in Book
1178 at page 462 ; thence South 88055 ' West
1110. 2 feet along said North line to the point
of beginning.
Section 12 : N1/2 , EXCEPT that part conveyed to State of
Colorado for highway described in Book 912 at
page 489 , and EXCEPT that part conveyed to
Department of Highways for highway described
in Book 1178 at page 454 .
TOWNSHIP 11 NORTH, RANGE 68 WEST OF THE 6TH P.M.
Section 1 : All, EXCEPT a strip of land 200 feet wide in
SE1/4 and SE1/4 NE1/4 conveyed to Colorado
Railroad Company by Deed recorded May 12 , 1911,
in Book 290 at page 589 .
Section 3 : All
Section 7 : E1/2 E1/2
Section 9 : All
Section 11 : All
Section 13 : N1/2 , EXCEPT that part conveyed to County of
Larimer for highway described in Book 665 at
page 257 .
Section 15 : S1/2 and NW1/4
Section 17 : W1/2 NW1/4 and SE1/4 and S1/2 SW1/4
Section 23 : All, EXCEPT a strip of land 200 feet wide in
NE1/4 and SE1/4 conveyed to The Colorado
Railroad Company by Deed recorded in Book 290
at page 589 , and EXCEPT the North 40 feet of
that part of the NE1/4 lying East of the right
of way of Colorado & Southern Railway Company
conveyed to Larimer County by Deed recorded in
Book 426 at page 428 ; That part of the E1/2
SW1/4 lying Easterly of the Colorado and
Southern Railway right of way as said right of
way is described in Book 304 at page 463 , and
EXCEPT that portion lying East of the Colorado
Railroad Company right of way as evidenced by
deed to Meadow Spring; Grazing Association,
recorded August 15, 1956, in Book 1337 at page
589 .
Section 24 : SE1/4 , EXCEPT that part conveyed to State
Highway Department for highway described in
Book 912 at page 500, and EXCEPT that part
conveyed to Department of Highways for highway
described in Book 1178 at page 454 .
Section 25 : All, EXCEPT that portion of NW1/4 NW1/4 lying
Westerly of the Southeasterly line of Highway
No. 87 described in Deed to Larimer County
-5-
recorded in Book 665 at page 257 , EXCEPT that
part conveyed to State Highway Department for
highway described in Book 912 at page 497, and
EXCEPT that part conveyed to Department of
Highways for highway described in Book 1178 at
page 454 .
Section 26 : That part of SE1/4 NE1/4 and NE1/4 SE1/4 lying
Easterly of Highway No. 87 as described in Deed
to County of Larimer recorded in Book 665 at
page 257 ;
S1/2 SE1/4, EXCEPT that part of said S1/2 SE1/4
conveyed to County of Larimer for highway
described in Book 665 at page 257;
NW1/4 SW1/4, EXCEPT a strip of land 200 feet
wide in said NW1/4 SW1/4 conveyed to The
Colorado Railroad Company by Deed recorded in
Book 304 at page 48 .
Section 27 : All, EXCEPT SE1/4 NE1/4 thereof
Section 28 : All
Section 33 : All
Section 34 : E1/2 ; SW1/4 NW1/4 ; N1/2 SW1/4 ; SW1/4 SW1/4
Section 36: All, EXCEPT that part conveyed to State Highway
Department for highway described in Book 912
at page 494, and EXCEPT that part conveyed to
Department of Highways for highway described
in Book 1178 at page 454 .
TOWNSHIP 12 NORTH, RANGE 68 WEST OF THE 6TH P.M.
Section 25: All
Section 27 : All
Section 35: All
All of Parcel A in the County of Larimer, State of Colorado.
Containing 18, 130 acres, more or less.
-6-
Leased Land
I . State of Colorado lease No. 5-38698 :
TOWNSHIP 11 NORTH - RANGE 67 WEST
WELD COUNTY
Section 6, SW1/4 & W1/2 E1/2 305.86 acres
Section 18 , All that part lying West
of Interstate Highway 25 398 . 20 it
Section 30, SW1/4 NW1/4 , W1/2 SW1/4 ,
SE1/4 SW1/4 and S1/2 SE1/4 216 . 36 "
Section 32, SW1/4 NW1/4 , NW1/4 SW1/4,
and S1/2 SW1/4 160. 00 "
TOWNSHIP 12 NORTH - RANGE 67 WEST
WELD COUNTY
Section 20, All that part of Lot 1 and
S1/2 NE1/4 , NW1/4 SI1/4 , NE1/4
SW1/4 , and SW1/4 SW1/4 lying
southeasterly of the Railroad
Right-of-way 1447 85 . 00 "
TOWNSHIP 11 NORTH - RANGE, 68 WEST
LARIMER COUNTY
Section 2 , All 635. 78 "
Section 8, All 640. 00 "
Section 10, W1/2 320. 00 "
Section 12 , All 640. 00 "
Section 16, All 640. 00 "
Section 18, All 628 . 68 "
Section 22 , All 640. 00
Section 24 , SW1/4 160. 00 "
Section 34 , N1/2 NW1/4 , SE1/4 NW1/4 and
SE1/4 SW1/4 160 . 00 "
TOWNSHIP 12 NORTH - RANGE; 68 WEST
LARIMER COUNTY
Section 26, All 640. 00 "
Section 34 , All 640. 00 "
Section 36, All 640. 00 "
7,549.88 acres
6 , 384 . 46 acres in Larimer County
1, 165 . 42 acres in Weld County
-7-
II . Platte River Power Authority Lease:
TOWNSHIP 10 NORTH - RANGE 68 WEST
LARIMER COUNTY
The NE 1/4 of Section 4 in Township 10 North, Range 68
West of the 6th P.M. , excepting therefrom a tract of land
situate in the NE 1/4 of said Sec. 4 being more
particularly described as follows:
Begin at the North 1/4 corner of said Sec. 4 and run
thence along the North line of the NE 1/4 of said Sec.
4 , N 89043145/1 E 2427 . 49 feet; thence East 209 . 92 feet to
the East line of the NE 1/4 of said Sec. 4 ; thence along
said East line, S 02032114/1 E 400. 39 feet; thence West
2645. 23 feet to the West line of the NE 1/4 of said Sec.
4 ; thence along said West line, N O102712011 W 388 . 64 feet
to the point of beginning containing 23 . 9357 acres more
or less.