HomeMy WebLinkAbout2007-072-08/21/2007-AUTHORIZING THE PAYMENT OF $91,000 TO LARIMER COUNTY FOR THE PURCHASE OF A SECOND RIGHT OF REFUSALTO RESOLUTION 2007-072
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PAYMENT OF $91,000 TO LARIMER COUNTY
FOR THE PURCHASE OF A SECOND RIGHT OF REFUSAL
TO ACQUIRE HERMIT PARK
WHEREAS, on November 5, 2002, the voters of Fort Collins approved Citizen-Initiated
Ordinance No. 001, 2002 (the "Ordinance"), establishing a one-quarter-cent sales and use tax to
begin on January 1, 2006 (the "Tax"), for the purpose of funding the acquisition, operation and
maintenance of open spaces, community separators, natural areas, wildlife habitat, riparian areas,
wetlands, and valued agricultural lands, and for providing for the appropriate use and enjoyment of
these areas by the citizenry; and
WHEREAS, Section 2 of the Ordinance provides that land conservation projects using
revenues from the Tax shall be undertaken where there is an identifiable benefit to the residents of
the City of Fort Collins as determined by the City Council, whether undertaken by the City of Fort
Collins alone or in partnership with one or more entities; and
WHEREAS,Section 2 of the Ordinance further provides that said land conservation projects
may be undertaken either within the City of Fort Collins and its Growth Management Area
boundary;in the areas between Fort Collins and the communities of Wellington,Windsor,Loveland,
Timnath, Bellvue, and LaPorte; in the foothills west of Fort Collins; in the Poudre River corridor;
or regionally; and
WHEREAS, Larimer County has recently acquired Hermit Park, a property approximately
1,362 acres in size and located in Larimer County east of Estes Park, as more particularly defined
hereinafter; and
WHEREAS, Hermit Park has strong natural resource characteristics that qualify it as an
important natural area and non-game wildlife habitat,including ofparticular note,the approximately
100 acres ofa Colorado Natural Heritage Program(CNHP)high biodiversity site(132),and high-rank
Clean Water Act and U.S. Fish and Wildlife Service-defined wetland plant communities; and
WHEREAS, Larimer County has granted to the Town of Estes Park, Colorado ("Estes
Park"),a Deed of Conservation Easement,dated February 15,2007,and recorded in the real property
records of the Larimer County Clerk and Recorder on February 15, 2007, at Reception No.
20070012103, which contains a right of first refusal for the benefit of Estes Park(the "First Right
of Refusal"), in exchange for financial assistance from Estes Park in connection with Larimer
County's acquisition of Hermit Park; and
WHEREAS,in exchange for the City's financial assistance in connection with the acquisition
of Hermit Park, the City will acquire a Second Right of Refusal,which will be subordinate to First
Right of Refusal of the Town of Estes Park, and which is intended to allow the City to facilitate the
ongoing preservation of Hermit Park in the event that in the future Larimer County and Estes Park
are unable or unwilling to ensure that preservation.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is authorized to use NINETY-ONE THOUSAND DOLLARS
($91,000.00) in Tax revenues to acquire from Latimer County a Second Right of Refusal to acquire
Hermit Park, as more particularly described on Exhibit A, attached hereto and incorporated herein
by this reference, as described hereinabove.
Passed and adopted at a regular meeting of the Co f the City of Fort Coll) this 21 st
day of August, A.D. 2007.
May r
ATTEST:
)k '�L" —
City Clerk
EXHIBIT A
PARCEL 1:
THE SE 1/4 AND THE SW 1/4 OF SECTION 33,TOWNSHIP 5 NORTH,RANGE 72 WEST OF THE
6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO.
EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF LARIMER IN DEED RECORDED MAY 13, 1938,IN
BOOK 687 AT PAGE 105.
PARCELIL
THAT PORTION OF THE W 1/2 OF SECTION 34,TOWNSHIP 5 NORTH,RANGE 72 WEST OF'THE
6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SECTION 34;THENCE NORTH ALONG THE WEST
SECTION LINE OF SECTION 34 TO A POINT WHERE THE WEST LINE OF SAID SECTION
INTERSECTS THE SOUTHWESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66;THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO A POINT 1320
FEET EAST AND PERPENDICULAR TO THE WEST SECTION LINE OF SECTION 34;THENCE
SOUTH AND PARALLEL TO THE WEST SECTION LINE OF S;;CTION 34, 100 FEET TO A POINT;
THENCE WEST PERPENDICULAR TO THE WEST SECTION L114E OF SECTION 34 TO A POINT
660 FEET EAST OF THE WEST SECTION LINE OF SECTION 34;THENCE SOUTH AND
PARALLEL TO THE WEST SECTION LINE OF SECTION 34 TO A POINT ON THE SOUTH LINE
OF SECTION 34;THENCE WEST ALONG THE SOUTH LINE OF SECTION 34 TO TIIE POINT OF
BEGINNING.
EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF LARIMER IN DEED RECORDED MAY 13, 1938 IN
BOOK 687 AT PAGE 105.
PARCEL IIL
LOTS 1,2,3,THE EAST 1/2 OF LOT 5,ALL OF 6 AND 7,THE SE 1/4 OF THE NW 1/4(ALSO
KNOWN AS THE E 112 OF LOT 8),THE E 1/2 OF THE SW 1/4 AND THE SE 1/4,ALL IN SECTION
5,TOWNSHIP 4 NORTH,RANGE 72 WEST OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF
COLORADO
PARCEL IV:
LOTS 2,3,4,5,THE W 112 OF LOT 6,THE SE 1/4 OF THE SW 114 AND THE W 1/2 OF THE SW 1/4,
ALL IN SECTION 4,TOWNSHIP 4 NORTH,RANGE 72 WEST OF THE 6TH P.M.,COUNTY OF
LARIMER,STATE OF COLORADO