HomeMy WebLinkAbout146 - 10/03/2006 - AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT ON CITY NATURAL AREA PROPERTY (ROUND BUTTE RAN ORDINANCE NO. 146, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT
ON CITY NATURAL AREA PROPERTY (ROUND BUTTE RANCH PHASE 2)
TO LARIMER COUNTY AND AUTHORIZING A RELATED GRANT AGREEMENT
WITH THE BOARD OF THE GREAT OUTDOORS COLOR-ADO TRUST FUND
WHEREAS,the Board of the Great Outdoors Colorado Trust Fund(the "GOCO Board")is
a political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, adopted at the November 1992 General Election, which Article allocates a portion of
the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds
in the State's parks, wildlife, open space and recreational resources; and
WHEREAS,the City acquired Round Butte Ranch,a property 1,360 acres in size,consisting
of both Phase 1 and Phase 2, located to the south of Soapstone Prairie Natural Area and along
County Road 15, on February 28, 2006, for the amount of$1,020,000; and
WHEREAS,the City has been awarded and is in the process of completing a grant from the
GOCO Board for the costs associated with acquisition of Phase I of the Round Butte Ranch; and
WHEREAS,the GOCO Board has approved a grant to the City to support the conservation
of Phase II of Round Butte Ranch,which is 720 acres in size and is more particularly described as:
The West %2 of the Northeast '/<, and East '/2 of the Northwest '/ of Section 24,
Township 11 North, Range 69 West of the Wh P.M., and the South ''/z, Northeast '/<,
and West %2 of Northwest '/o of Section 13, Township 11 North, Range 69 West of
6t°P.M., all in Latimer County, Colorado
(the"Phase II Property"), in the amount of$212,700,which is a substantial share of the City's cost
to acquire and conserve that property; and
WHEREAS,in order to issue said grant,the GOCO Board will require that the City enter into
a grant agreement setting forth the City's obligations in connection with the grant; and
WHEREAS, a copy of the grant agreement required by the GOCO Board,dated September
13, 2006, is on file in the office of the City Clerk and available for public inspection (the "Grant
Agreement"); and
WHEREAS, as a requirement of the grant,the City must convey to an approved third party,
in this instance Larimer County, a conservation easement intended to protect the Phase II Property
from uses contrary to the purposes of the GOCO Board's grant program; and
WHEREAS, staff has negotiated with the staff of the GOCO Board and Larimer County
certain conservation easement terms and conditions to which the Phase II Property shall upon
conveyance be subject,a copy of which conservation easement,dated September 13,2006,is on file
in the Office of the City Clerk and available for public inspection(the "Conservation Easement');
and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, such as a grant agreement, as provided in Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to sell or otherwise dispose of any and all interests in real property owned in the name
of the City, provided that Council first finds by ordinance that the sale or disposition is in the best
interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Conservation Easement on the Phase II Property
to Larimer County is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Grant Agreement, in
substantially the form for the same dated September 13, 2006, and on file in the Office of the City
Clerk,subject to such modifications, amendments or additions thereto as may be determined by the
City Manager, in consultation with the City Attorney,to be necessary or appropriate to protect the
interests of the City.
Section 3. That future amendments to the Grant Agreement not otherwise provided for
herein may be approved by the Council by resolution rather than by Ordinance.
Section 4. That the Mayor is hereby authorized to execute the Conservation Easement
in substantially the form for the same dated September 13,2006,and on file in the Office of the City
Clerk, subject to such modifications in form or substance as the City Manager, in consultation with
the City Attorney,may deem necessary to effectuate the purposes of this Ordinance or to protect the
interests of the City,including any necessary corrections to the legal descriptions shown thereon that
do not result in a material increase or change in the character of the property intended to be subject
to the conservation easement.
Introduced, considered favorably on first reading, and ordered published this 19th day of
September, A.D. 2006, and to be presented for final passage o 3rd day of October D. 2006.
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City Clerk
Passed and adopted on final reading on the 3rd day of ber, A.D. 2006.
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City Clerk