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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.