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HomeMy WebLinkAbout2006-048-05/02/2006-AUTHORIZING THE LEASE OF A PORTION OF RUNNING DEER NATURAL AREATO HAGEMAN EARTH CYCLE, INC. FOR TWO RESOLUTION 2006-048 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF A PORTION OF RUNNING DEER NATURAL AREA TO HAGEMAN EARTH CYCLE, INC. FOR TWO ADDITIONAL YEARS WHEREAS, the City of Fort Collins purchased land in 1998 through 2000 for its Natural Areas program known as Running Deer Natural Area(the"Natural Area"), a portion of which has previously been occupied and used by Hageman Earth Cycle, Inc. ("Hageman"),for the deposit and storage of tree limbs, leaves, and other yard waste and organic materials for composting,mulching and other reuse; and WHEREAS, the City has, in the acquisition of natural areas, established a practice of working with pre-existing users and tenants of acquired property to smooth the transition of the property to public natural area ownership; and WHEREAS,pursuant to the City Council's authorization in Ordinance No.85,2001,the City has previously leased to Hageman that portion of the Natural Area shown on Exhibit "A" (the "Lease Area"), in order to continue its use of that property for the deposit and storage of tree limbs, leaves, and other yard waste and organic materials for mulching and other reuse; and WHEREAS, in leasing the Lease Area to Hageman, the initial lease term of five years was intended to allow sufficient time for Hageman to transition its operations to a new location; and WHEREAS,Hageman has not succeeded in relocating its operations as anticipated,and has requested an additional two-year lease in order to allow for said relocation; and WHEREAS, City staff has negotiated with Hageman a proposed lease agreement substantially similar to the existing lease agreement, which proposed lease agreement, dated April 28, 2006, is on file in the Office of the City Clerk and available for public inspection (the"Lease Agreement"), and which provides for the lease to Hageman of the Lease Area for the uses specified therein, for an initial term of one year with one possible one-year extension, for a monthly rental amount of$1,450 for the initial term; and WHEREAS,City staff has determined that the proposed lease to Hageman of the Lease Area will not interfere with or impair the City's intended uses of the Natural Area; and WHEREAS, City staff has also determined that the lease rate of $1,450 per month is consistent with the approximate fair market lease rate for comparable property; and WHEREAS,pursuant to Section 23-114 of the Code of the City of Fort Collins,the Council is authorized to approve by resolution the lease of any and all interests in non-utility real property owned in the name of the City for a term of two years of less,provided that Council first finds 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: Section 1. That the lease by the City of the Lease Area to Hageman, under the terms and conditions set forth herein and in the Lease Agreement, is in the best interests of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to enter into the Lease Agreement, with such changes as he may deem necessary, in consultation with the City Attorney,to protect the interests of the City, and to extend the term of the same for the full potential term of two years, as provided therein. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of May, A.D. 2006. s Mayor ATTEST: A" City Clerk EXHIBIT«A„ TR SNATION TITLE INSURANCE Cl._.cANY 1 of'5 Commitment No. : 6435725 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION PARCEL I : A tract of land located in Section 21 and in the Northeast One-Quarter of Section 28, all of Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at a point on the South line of the NWl/4 of said Section 21, from which point the Center 1/4 Corner of said Section 21 bears South 88 degrees 26 minutes 30 seconds East, 366 . 18 feet, said point of beginning being a corner in the Southerly line of the tract of land described in Book 2132 at Page 328 of the Larimer County records; thence North 01 degrees 10 minutes 00 seconds East, following the Southerly lines of said tract, 218.65 feet; thence South 89 degrees 46 minutes 32 seconds West, 416.84 feet to a Southwesterly corner of said tract and a point of curvature to the right; thence 535 . 91 feet along the arc of a curve concave Northeasterly to a point of tangency, said curve having an interior angle of 87 degrees 21 minutes 46 seconds, a radius of 351.47 feet, a tangent length of 335 . 66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds West 485 .49 feet; thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a point on a line which is parallel to and 1, 650. 00 feet distant Northerly at right angles from the South line, NW1/4; thence North 88 degrees 26 minutes 30 seconds West along said parallel line, 303 .45 feet; thence South 01 degrees 33 minutes 30 seconds West along a line at right angles to the South line, NW1/4, 1, 650. 00 feet to a point on the South line, NW1/4, said point on the South line, NW1/4 bearing South 88 degrees 26 minutes 30 seconds East, 584 .59 feet from the NW corner of the parcel of land described in Book 1729 at Page 143 as Reception No. 169710 of the Larimer County records; thence South 88 degrees 26 minutes 30 seconds East, 817. 14 feet along the North line of the SW1/4 of said Section 21; thence South 30 degrees 53 minutes 36 seconds East 475.46 feet to a Voint orr a line which is parallel to and 100 .00 feet distant Westerly at right angles from the prolonged Easterly line of the parcel of land described in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County records; thence South 01 degrees 10 minutes 00 seconds West along said parallel line 1,491.85 feet to a point which bears North 88 degrees 50 minutes 00 seconds West, 100.00 feet from the NW corner of the tract of land described in Book 2129 at Page 969 as Reception No. 424883 of the Larimer County records; thence South 22 degrees 06 minutes 17 seconds East 168.06 feet; thence South 01 degrees 21 minutes 57 seconds West 613 .42 feet to a point EXHIBIT "A" TR2,..6NATION TITLE INSURANCE CObv ANY 2 of 5 Commitment No. : 6435725 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION on the South line of the SW1/4 of said Section 21, said point bearin North 88 degrees 36 minutes 03 seconds West, 437 . 56 feet from the 5174 corner of said Section 21; thence South 88 degrees 36 minutes 03 seconds East, 437.56 feet to said S1/4 corner; thence, following the last two courses of the tract of land described in Book 2129 at Page 969 as Reception No. 424883 of the Larimer County records, South 00 degrees 11 minutes 10 seconds West, 79.12 feet; thence South 84 degrees 44 minutes 03 seconds East, 242 .49 feet to an angle point in the Southerly line of said tract; thence North 01 degrees 10 minutes 00 seconds East, 100.00 feet; thence North 67 degrees 12 minutes 45 seconds West, 261 .63 feet; thence North 88 degrees 35 minutes 16 seconds West, 135.18 feet; thence North 43 degrees 15 minutes 00 seconds West, 285 .33 feet; thence North 03 degrees 40 minutes 45 seconds East, 420.13 feet to a point on the Northerly line of the last mentioned tract, said point bearing South 60 degrees 46 minutes 09 seconds East, 96 .74 feet from the NW corner of said tract; thence North 60 degrees 46 minutes 09 seconds West 96.74 feet to said NW tract corner; thence North 01 degrees 10 minutes 00 seconds East along the prolonged Easterly line of the parcel of land described in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County records, 1, 892.39 feet to the point of beginning. County of Larimer, State of Colorado. PARCEL II: A tract of land located in the NW1/4 of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the Center 1/4 corner of said Section 21; thence North 88 degrees 26 minutes 30 seconds West, along the South line of the NW1/4 of said Section 21, 366 .18 feet to an angle point in the lines of the tract of land described in Book 2132 at 328 of the said Larimer County Records; thence following two courses of said tract, North 01 degrees 10 minutes 00 seconds East, 218 .65 feet and South 89 degrees 46 minutes 32 seconds West, 416.84 feet to a Southwesterly corner of said tract and a point of curvature to the right; thence 535 .91 feet along the arc of a curve concave Northeasterly to a point of tan(jency, said arc of curve having an interior angle of 87 degrees 21 minutes 46 seconds, a radius of 351.47 feet, a tangent length of 335 .66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds West, 485.49 feet; EXHIBIT"A" TRA NATION TITLE INSURANCE CObm.0ANY 3 of 5 Commitment No. : 6435725 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION Thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a point on a line which is parallel to and 1,650. 00 feet distant Northerly at right angles from the South line of the NW1/4 of said Section 21, said point being the True Point of Beginning; Thence North 88 degrees 26 minutes 30 seconds West, along said parallel line, 303 .45 feet; Thence South 01 degrees 33 minutes 30 seconds West, along a line -at right angles to the South line of the NW1/4 of said Section 21, 1, 650.00 feet to a point on the South line of the NW1/4, said point bearing South 88 degrees 26 minutes 30 seconds East, 584 . 59 feet from the NW corner of the parcel of land described in Book 1729 at Page 143 as Reception No. 169710 of the Larimer County Records; Thence North 88 degrees 26 minutes 30 seconds West, along the South line of the NW1/4 of said Section 21, 1, 104 . 89 feet to the West 1/4 corner of said Section 21; Thence North 00 degrees 17 minutes 23 seconds East, along the West line of said NW1/4, 2, 625.46 feet to a point on a line which is parallel to and 30.00 feet distant Southerly at right angles from the North line of said NW1/4; Thence South 88 degrees 14 minutes 33 seconds East, along said parallel line, 726.74 feet; Thence South 01 degrees 45 minutes 27 seconds West, along a line at right angles to said North line of the NW1/4, 247.00 feet to a point on a line which is parallel to and 277.00 feet distant Southerly at right angles from the North line of said NW1/4; Thence South 88 degrees 14 minutes 33 seconds East, along the last mentioned parallel line, 740. 60 feet to a point which bears North 01 degrees 33 minutes 30 seconds East from the True Point of Beginning; Thence South 01 degrees 33 minutes 30 seconds West, 722.72 feet to the True Point of Beginning. EXCEPT parcels of land conveyed by Deeds recorded December 20, 1990 as Reception No. 90058841 and April 16, 1996 as Reception No. 96026405 . County of Larimer, State of Colorado. PARCEL III: A tract of land located in the NW1/4 of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the Center 1/4 corner of said Section 21; Thence North 88 degrees 26 minutes 30 seconds West along the South line of the NW1/4 of said Section 21, 366.18 feet to an angle point in the lines of the tract of land described in Book 2132 at Page 328 of the said Larimer County Records; Thence, following two courses of said tract, North 01 degrees 10 minutes EXHIBIT "A" TRp(,. ,IATION TITLE INSURANCZ CO&*AN' 4of5 Commitment No. r 6435725 C-2 SCIMDULS A - Continued LEGAL DESCRIPTION CO seconds East, 218.65 feet and South 89 degrees 46 mi nutes 32 seconds West, 416.84 feet to a Southwesterly corner of said tract and a point of curvature to the right, said tract corner being the TRUE POINT OF BEGINNING; Thence 535.91 feet along the arc of a curve concave Northeasterly to a point of tangency, said arc of curve having an interior angle of 67 degrees 21 minutes 46 seconds, a radius of 351.47 feet, it tangent length of 335.66 fast and a chord bearing North 46 degrees 32 minutes 35 seconds West, 485.49 feet; Thence North 02 degrees 51 minutes 42 seconds West, 1,123 .45 feet to a point on a line which is parallel to and 1,650.00 feet distant Northerly at right angles from the South line of the NW of said Section 21; Thence North 01 degrees 33 minutes 30 seconds East, 722.72 feet to a distant Southerly at point on a line which is parallel to and 277.00 feet d right angles from the North line of the NW1/4 of said Section 211 Thence South 88 degrees 14 minutes 33 seconds East, along the last mentioned parallel line, 223.06 feet to a point on the West line of the tract described in Book 1363 at Page 527; Thence South 03 de frees 54 minutes 33 seconds East, along said West tract line prolonged, 312.30 feet to the SW corner of the tract described in Book 2152 at Page 243; Thence South s8 degrees 14 minutes 3 seconds East, 3 along the South line of the last mentioned tract, 466.69 feet to the SE corner of that tract; Thence North 89 degrees 16 minutes 57 seconds East, 311.07 feet to the SW corner of the tract described in Book 1137 at Page 309; Thence South e8 degrees 14 minutes 33 seconds East, along the South line of the last mentioned tract, 160.00 feet to the SE corner of that tract, a point on the East line of the NW1J4 of said Section 21; Thence South 00 degrees 23 minutes 55 seconds West, along the East line of the Said NW1/4, 612.55 feet to the NE corner of the tract described in Book 2132 at page 328; Thence, following two courses of the last mentioned tract, South 57 minutes 55 seconds West 730.990Wfeet9to the.13 feTrue Point et and uof Begh 00 innings 23 county of Larimer, State of Colorado. EXHIBIT "A" Running Deer Natural Area 5of5 0 P M N Q Z m z 0 •,M y G1 m k t 0 E RD Legend QLease Area from N.A. N RUNNING DEER NATURALAREA Parcels 0 400 800 1,600 Feet