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HomeMy WebLinkAboutVISITOR'S CENTER AT THE ENVIRONMENTAL LEARNING CENTER - ANNEXATION & ZONING - 3-98 - CORRESPONDENCE - CITY HALLPRINCIPLES AND POLICIES FOR THE VISITORS CENTER AT THE ENVIRONMENTAL LEARNING CENTER ANNEXATION Principle NOL-1 Preserve and protect natural areas within Fort Collins and the Community Growth Management Area to provide habitat essential to the conservation of plants, animals, and their associated ecosystems and to enrich the lives of citizens by providing opportunities for education, scientific research, nature, interpretation, art, fishing, wildlife observation, hiking, and other activities. Principle NOL-1.1 Natural Areas System. The City will establish a system of publicly -owned natural areas to protect the integrity of wildlife habitat and conservation sites, protect corridors between natural areas, preserve outstanding examples of Fort Collins' diver§e natural heritage, and provide a broad range of opportunities for educational, interpretive, and recreational programs to meet community needs. Principle NOL-1.4 Public Programs. The City will seek to develop effective partnerships between the City, other governmental organizations, and the private sector for the protection and preservation of natural areas. It will also seek the cooperation and assistance of citizens, businesses, community groups, conservation organizations, and governmental agencies in the development and implementation of programs to protect and preserve local natural areas. Principle GM-2 The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision, goals, and policies of City Plan. Principle GM-2.1 Annexation Policies. The City Council will weigh the following factors when considering the annexation of new land into the incorporated limits: Statutory requirements. The property must meet all statutory requirements for annexation according to the laws of the State of Colorado. Property to be annexed located within the Community Growth Management Area. The property must be currently located within the Community Growth Management Area boundary, or the boundary must be amended by actions of the City (and County, if necessary) before the City approves the proposed annexation. ® POUDRE RIVER ENVIRONMENTAL LEARNING DISTRICT 0 Jurisdictional Boundaries Legend -- city or ion Conln. 9nund..y, Urbso G.outh Mfl Bnood.7 e.op.ny honnd.o Colorado State University n City or Fort Collins lour 11 rrIAW • Jmman 1997 n v'-,lMm Nanh Poudre Myer Environmental Learning District Access to the Boxelder Sanitation District facility and the Archery Range will connect to this primary road system A secondary road system will be necessary to provide an alternate route for emergency services. This road follows the western edge ofthe upper bench, crosses Boxelder Creek and meets Prospect approadmateiy halfway between the frontage road and Summit Mew Drive. Use ofthe southern portion of this road- way should be discouraged as it creates somewhat of a barrier between the development on the upper bench and the open space associated with the rivet This portion of the road may be more appropriately designed as a fire lane or service drive. The northern loop ofthe secondary roadway provides necessary access to the Environmental Education Development site that has been identified as a possible location for a horticulture center, as well as the visitor Center/ELC Headquarters. The sizes of the roadways have not been determined. 17 Conceptual Land Use Plan interior location on the site. The upper bench of the existing Resource Recovery Farm affords appealing views to the river, foothills and mountains, maldng this location particularly athac- tive for offices. This area should also serve as a model ofhow to sensitively develop an office and light industrial complex Site Service/Maintenance One area has been designated for developing maintenance facilities for the district This "site service/maintenance" area may include community composting and recycling bins, mainte- nance equipment, offices and other service functions. The architectural character of any structures and screen fencing should be compatible with nearby structures. The area should have the same sensitive high quality design as the other devel- oped areas. Historic Sites Three historic sites have been identified on the Conceptual Land Use Plan: the 1870 Rigden Farmstead, the Sherwood Stage Stop site and the Strauss Cabin. Interpretive signage and benches should be provided at all ofthese locations. Private Lands Low -Density Neighborhood This area is planned to be a low -density residential neighbor- hood. Connections to the open space area and the multi- purpose hail should be provided. Open space should be inte- grated into the development with fingers ofnaturalized landscap- ing, so that the edge of the development is softened. Circulation Two levels of roadway are shown on the Conceptual Land Use Plan. The primary road system begins at the frontage road intersection on Prospect Road, veers southeast to the eastern edge of the property and loops around to itself on the southern end of the Research and Development/ Office land use area. 16 Poudre River Environmental Learning District Development should also maintain views and wildlife habitat areas. Only those organizations that can demonstrate compat- ibility with the vision for the Poudre River Environmental Learn- ing District should be allowed to develop within the area De- sign guidelines for architecture, landscaping and signage should be developed to ensure harmony throughout the district devel- oped areas, including the Environmental Education, Regional Commercial, Research and Development/Office areas, Site Service/Maintenance and Historic Sites. Environmental Education Development The areas designated "Environmental Education Development" are lands that are anticipated to be developed by a public, quasi -public or non-profit organization for the purposes of education and/or research They may be modified landscapes, such as a horticultural center or xeriscape demonstration garden, or more highly developed, like a science museum, geological rock park, aquarium or IMAX theater. It is anticipated that these uses may require a large number of parking spaces. They should be developed sensitively in the manner suggested above. Regional Commercial The Regional Commercial area includes uses such as service stations, retail shops, hotels and highway conveniences, and is intended to serve travelers along I-25 as well as people who live in the region. Warehousing is not allowed. The area between the frontage road and the I-25 interchange is easily accessible by vehicles and should serve as an example of how to sensitively develop commercial property with respect to the issues de- scribed above. Only those businesses that demonstrate compat- ibility with the vision for the district should be allowed to de- velop within the Regional Commercial area Research and Development/Office The Research and Development/Office area includes uses such as professional offices, high technology companies and clean industry. These uses will not generate as much traffic as the Regional Commercial area and are more appropriate for a more is Conceptual Land IIse Plan south ofthe U.P. tracks. Open Space lands are primarily in the 100-yearfloodplain or along drainages with the exception of the lower bench of the Resource Recovery Farm. This lower bench was not considered to be desirable for development because of its value as a buffer to the ELC, potential gravel resources and wildlife habitat source. Gravel extraction may still occur on other Open Space lands as needed and where appro- priate given the sensitivity of the natural resources. Night lighting is not permitted within Open Space areas. Park or Landscape Buffer The areas designated "Park or Landscape Buffer" are open lands that may have landscaping that is not native in order to accommodate higher use levels, or to provide noise and visual screening of the interstate highway. The Archery Range cur- rently exists as a public park and no changes are anticipated to this property. The Strauss Cabin is envisioned to be primarily a naturally landscaped site, however, it may contain some irrigated turf area for field sports (unlighted and minimally programmed), picnic structures, historic interpretation and paved trails. Land- scaped buffers and entry features are envisioned at the Prospect entrance and along I-25. This landscaping should complement the site landscaping of the developments within the District and should present a low water -use approach. Night fighting should be limited to parking areas, main walkways and selected use areas, and should be designed to minimize glare and light spill- age. Developed Lands These lands are designated primarily along 1-25 and Prospect Road and may be developed by public or private organizations. In all cases the most current technology for developing a prop- erty in a sustainable manner should be employed. Local con- struction materials should be used. Accommodations for transit systems should be incorporated into the layout Bicycles and pedestrians should take priority over vehicles. Storm water drainage should not be piped unless absolutely necessary. Pavements should be permeable if feasible. Solar energy should be utilized. Irrigated landscapes should be kept to a minimum. 14 Poudre River Environmental Learning District Open Lands A majority of the district is designated as open lands, including the outdoor education core, open space and park or landscape buffers. These green areas are differentiated based on their intensity of development, public use, trails and management Outdoor Education Core The areas designated as "Outdoor Education Core" are the heart of the outdoor environmental education experience and should be designed and developed to accommodate large groups and provide on -site interpretive materials. The Outdoor Education Core provides the link between the proposed ELC headquartery Visitor Center on Prospect Road with the educa- tional trail and facilities on the other side of the river at the existing main entrance. In the center ofthe core an interpretive amphitheater is proposed. Of all the open lands in the district, the Outdoor Education Core is the most developed, and is anticipated to have the highest level of public use. The extension of the City's multi- purpose trail along Prospect Road can be accommodated along the northern edge of the Outdoor Education Core. Lighting of selected destinations may, be appropriate within the Outdoor Education Core, however, the fixtures should be designed to minimize glare and light spillage beyond the area intended to be lighted Open Space The areas designated "Open Space" are lands that are to remain in a Primarily natural condition or in agricultural use. Priorityin these areas is placed on conserving and studying the natural resources and performing research over providing access to the public. Therefore, trails should be carefully sited along the river and only foot traffic (no bicycles) should be permitted in the areas immediately adjacent to the river. The construction of a rail fence and an entrance stile may be necessary to ensure that bicycles do not enter this area The City multi -purpose trail is shown passing through less sensitive open space areas along Boxelder Creek and near the southern edge of the open space 13 Uonceptual Land Use Plan Conceptual Based on workshops with the City of Fort Collins, CSU and Land Use plan other individuals who are interested in specific educational facilities within the district, EDAW, Inc. developed a Conceptual Land Use Plan for the district The plan at the end of this document illustrates the land use concept and the land use categories are defined below. Each is intended to define the focus of the area, including the types offacilities, targeted users and management(maintermce goals. The amount of area dedicated to each use is shown on the table below. Land UseAcreage Table 'Total acreage does not include the Archery Range, Boxelder sanitation District Arapahoe Bead or areas west of County Road 9. 12 Poudre River Environmental Learning District intended to provide locations for a variety of workplaces, including light industrial uses, research and development activi- ties, offices and institutions, as well as supportive secondary uses such as hotels, restaurants, convenience shopping, child care and housing. The Public Open Lands District is for large publicly owned parks and open lands which have a community - wide emphasis. The Land Use Code also shows land along Prospect Road zoned as Transition District where the only permitted uses are those existing at the date of the plan adop- tion. Most ofthe Poudre RiverEnvironmental Learning District that is within city limits is zoned as River Conservation District, where the City requires preservation of identified natural areas and a 300 foot setback for development adjacent to the river. In this zone buildings can be a maximum of two stories and a 50 foot landscape setback from streets is required. Federal Emergency ManagementAgency (FEMA), Flood Insurance Rate Maps (FIRM), (1996) The Site Inventory map shows the area in the 100-year flood - plain according to recent FEMA maps (March 1996). All development in the floodplain must occur on pads that elevate the development 18" above the flood elevation, and no develop- ment (fill within the floodplain) is allowed that would cause more than a 6" rise in the flood elevation by constricting the floodplain. Fort Collins Parks and Recreation Policy Plan (1997) The Fort Collins Parks and Recreation Policy Plan was recently adopted by City Council. Final versions have not yet been printed. This document indicates that an open space corridor along the Poudre River is desirable and that the multi -purpose paved trail should continue from the ELC to the south, generally along the Poudre River corridor. Additional provisions for natural surface trails parallel to the paved trail should be consid- ered to provide alternative recreational experiences for commu- nity residents as well as lessening conflicts that are currently occurring on the trail system between walkers, in -line skaters and bicyclists. The Strauss Cabin Park Preserve, discussed earlier in this document, is also described in more detail in the plan Conceptual LandUsePlan surrounding I-25 is anticipated to experience major increases in traffic volumes as well as additional development in the next 10 to 20 years. The streetscape plan looks at the Prospect corri- dor in sections. The "Interchange Style" applies to the area from I-25 to Boxelder Creek This style reinforces the quad- rants as a single large space with street trees lining the frontage roads that form the perimeter. Landscaping at the interchange itself should be progressively shorter near the top of the ramps to allow for views and to respect the open character of the surrounding landscape. _ The "Prospect Gateway Style" applies to the area between Boxelder Creek and Summit Yew Drive. Landscaping themes for the roadway here are based on hedgerows/windbreaks and tree groves that are characteristic of historic farmsteads in this region. Where possible along Prospect Road double rows of trees symbolic of windbreaks, fence rows and other fines in the rural landscape should be planted parallel to the roadway. Breaks should be provided for views and to provide variety. Groves of trees should also be planted near structures and site features, with the remaining landscape being relatively open. The "Natural Shrubscape Style" applies to the area between Summit View Drive and the Poudre River, which is basically river bottom. The Prospect Road Streetscape Program indi- cates that this area should be landscaped in a natural fashion if developed, with native riparian and drought -tolerant shrubs as dominant species. Fort Collins CITY PLAN (1997) This planning effort for the Poudre River Environmental Learning District was reviewed with City staff and the CITY PLAN is consistent with the land use plan that has been proposed here. The Land Use Code element, adopted March 28, 1997, indi- cptes that within the district land along Interstate 25 is zoned as Commercial, Employment, and Public Open Lands Districts. The Commercial District is intended to be a setting for commu- nity and regional retail uses, offices and personal and business services. It should emphasize safe and convenient mobility for pedestrians as well as automobiles. The Employment District is 10 PoudreRiver EnvironmentalLearning District Existing Policy The following plans and policies have been considered in the Direction preparation ofthe Conceptual Land Use Plan: • Natural Areas policy Plan (1992) • Prospect Road Streetscape Plan —An element of the Fort Collins Comprehensive Plan (1993) . • Fort Collins CM?LAN (1997) • Flood Insurance Rate Maps, prepared by the Federal Emergency ManagementAgency (City ofFort Collins Stormwater UtUity) • City ofFort Collins parks and Recreation Policy Plan (1997) The City of Fort Collins Long Range Planning Office staff have indicated that the above documents are the only plans and Policies that are relevant in the study area. Other planning efforts (i.e., stormwater improvements for the Poudre River Drainageway) are still in progress. This conceptual land use Plan precedes those efforts. Natural Areas Policy Plan (1992) The Natural Areas policy Plan was developed to inventory significant natural areas in the Urban Growth Area and recom- mend altemative strategies and actions to conserve and enhance these areas. This plan recognizes the value of the great blue heron rookery south of the ELC and states, "Protection of this site is imperative because herons do not readily use a new nest site once the nest trees are destroyed." p.4-20. The plan also recommends enhancements to gravel ponds, control of exotic species, enhancements to riparian area and an interpretive themes of man's use of water, changes in natural habitats or successional patterns after mining. The plan also contains goals, objectives and policies regarding such things as management, recreation and public information. Prospect Road Streetscape Program (1993) The Prospect Road Streetscape Program is a management plan aimed at upgrading the visual quality ofthis major entryway into the City. The Prospect Corridor and the interchange area 9 Conceptual Laud Use Pion the river has a 10-foot drop from the bench adjacent to I-25 to the floodplain and lower terraces along the river. Boxelder Creek flows from Prospect Road, near the frontage road, to the south just below the western edge of this upper bench Except for the river walls and their associated steep slopes, the majority of the district is characterized by virtu- ally flat ground that is typical of river bottoms. The Poudre River, Boxelder Creek and their associated riparian habitats, gravel ponds and wetlands, as well as spectacular mountain views give the district high natural resource and scenic values. Some small relics of native prairie can also be found. The City of Fort Collins Natural Areas Policy Plan (1992) indicates Aquatic, Marsh and Wet Meadow, Riparian Forest, Grassland and Urban Plains Forest habitat types in the area. These are shown on the Site Inventory map and are explained in more detail in the City's Natural Areas Policy Plan. Historically the area was a plains grassland with riparian habitats limited to the wettest areas near the river channel or in old oxbows. Agriculture and gravel extraction has changed the area substantially, and in some respects has provided additional habitat for aquatic and riparian species, and recreational oppor- tunities through the creation of ponds and additional wetlands. Only a very small portion of the plains grasslands exists; it is located at the southern tip of the Resource Recovery Farm. Cottonwoods and willows are the predominant trees along the river and ponds. Some introduced species also appear due to urban influences and proximity to developments. The river corridor and diverse natural vegetation provides rich wildlife nesting and feeding areas. Many mammals take advan- tage of the habitat along the river and relative protection from the negative impacts associated with more intense public use. These species include deer, beaver, muskrats and raccoons. Many bird species, such as bald eagles, great blue herons and great homed owls can also be spotted in the area. Just south of the existing Environmental Learning Center is a Heron Rookery. Furthermore, many fish and reptiles reside in the river, numerous ponds and wetlands. 9 Poudre River Environmental Learning District Union Pacific Railroad The UP Railroad owns and operates a rail line that traverses the southern one-half of the district from northwest to southeast This line is used for transporting freight and is used twice a day at most The line presents a major circulation and visual barrier between the river and properties to the south Its presence combined with the lack of trails and facilities contribute signifi- cantly to the low level of public use on the south side of the river between County Road 9 and Interstate 25. Western Mobile has constructed a conveyor system over the track in the vicinity of the historic Sherwood Overland Trail Stage Stop site to trans- port mined materials to their south site, nearer their headquarters and crushing operations. Adjacent Land Uses Little of the land surrounding the district has been developed. The majority is still used for agricultural purposes or has been preserved as Natural Areas by the City of Fort Collins. The City Natural Areas that are adjacent to the district include: Prospect Ponds (25 acres), W.R.E.N. Pit (48 acres), Arapahoe Bend (278 acres), and Riverbend Ponds (219 acres). The Archery Range, which is within the district, is also classified as a Natural Area and was mentioned earlier. Areas that have been developed adjacent to the Poudre River Environmental Learning District include the City of Fort Collins Wastewater Treatment Facility to the west and low -density residential properties along Summit Yew Drive to the north Future commercial develop- ment, including retail businesses and hotels, is planned near the Prospect Road/1-25 interchange. Natural Features Most of the district is located within the Poudre River valley (approximate elevation 4,900 feet at this site), defined by the river walls (steeper slopes) on either side. The eastern wall of the river has a 10-foot drop from the bench adjacent to I-25 to the floodplain and lower terraces along the river. Boxelder Creek flows from Prospect Road, bear the frontage road, to the south just below the western edge of this upper bench. Except 7 Land UsePtan Latimer County owns and operates the facility and has devel- oped an access road, gravel parking lot, natural surface trails and interpretive signage. This site and adjacent land to the west have been identified in the City ofFort Collins parks and Recre- ation Policy Plan as a Park Preserve, that may include additional educational exhibits, picnic facilities, resttooms and limited improved turf areas for use by the community. Larimer County and the City have discussed the possibility of transferring re- sponsibility of this site to the City. Boxelder Sanitation District Water Treatment Facility Boxelder Sanitation District has a water treatment facility lo- cated south of the Resource Recovery Farm on the north side of the rivet As mentioned earlier, access to this site is through the City's land and must be maintained as an access easement The site is approximately 27 acres and is fairly well screened from view by vegetation. Private Properties A significant portion of the land along Prospect Road and virtually the entire southern half of the district is owned privately. The majority of this land has or will be mined for gravel. Recla- mation of the lands nearest Prospect Road and the lands south of the Poudre near the archery range is planned to occur in the next several years. Mining in other areas may continue for as long as fifteen more years. An historic site, the Sherwood Stage S top site, is located near the ELC on private property that is planned for gravel extraction. This stage stop was along the Overland Trail, which ran parallel to both sides of the river in many locations. A Great Blue Heron rookery is also located immediately south of the ELC in an area that has been targeted for gravel extraction. The city and CSU are working with the landowner to determine if these important resources can be Preserved. Low density residential development is envisioned south of the existing Western Mobile Headquarters. Along Prospect Road there are several residences and a landscape construction and maintenance company that must be considered. 6 Poudre River Environmental Learning District extend the trail to Greeley as part of the larger regional trail system. Clearly the location ofthe trail beyond the ELC will be an important factor to consider in this land use plan. A natural surface trail begins from the northern edge of the ELC parking lot as well, crossing a footbridge to a looped trail system through the ELC. A major ditch, which diverts water from the Poudre River to Fossil Creek Reservoir forms the western edge of the primary ELC campus. The diversion structure itself is located on the ELC property. A secondary informal access is located off Prospect Road, near a recently constructed fishing pier. CSU also owns a five -acre parcel further east on Prospect Road that will be developed as a joint Visitor Center and Environmental Learning Center Head- quarters. Partners in this effort include the Colorado State Parks and the City of Fort Collins Convention and Visitors Bureau. This location has been envisioned as a new entrance to the ELC, however CSU does not own the land between the 5 acre parcel and the existing ELC lands. The majority of the ELC property is separated from the city property by a privately -owned, gravel access road that nuns from Prospect Road, across the Poudre River to gravel mining activities south of the site. Asmall portion of the ELC site is also located on the eastern side of this road. Currently, the road is used only for ELC maintenance. Archery Range The City of Fort Collins owns and operates an approximately 50-acre site south of the Resource Recovery Farm as an ar- chery range. The site is primarily in a naturalized condition with improvements limited to restrooms, parking lot and archery targets. The site is depressed in elevation from I-25 and is not readily visible. Strauss Cabin The Strauss Cabin is a 2-acre historic site located at the south- eastern edge of the district at the end of Horsetooth Road. S Land Use Plan CSUEnvironmental Learning Center The Colorado State Board ofAgriculture land in the northwest- ern portion ofthe district currently serves as the CSU Environ- mental Learning Center, an outdoor laboratory for research and education on natural and cultural systems. The majority ofthis property is in the floodplain and contains wonderful examples of native riparian habitats. Some of this property was previously mined and is now being restored to a native condition. CSU has owned the ELC property for more than 35 years. Until the past 6 or 7 years it has been operated as a nature preserve. In recentyears visitation, programming and facility development has increased significantly. For example, in 1992 there were approximately 20,000 visitors to the ELC. In 1995 there were 81,000 visitors. The mission of the ELC is "to advance environmental stewardship among students and the community through opportunities for experiential learning, self study and educational programs." programs at the ELC not only include environmental education but service learning pro- grams as well. Recent participants include Americorp, ayouth service group and CSU students. The ELC serves an important role in the community, providing education and passive recre- ation to a wide constituency. The main access to the facility is currently located at the inter- section of Drake Road and County Road 9, via a private gravel road. At the headquarters, CSU has developed a small office/ visitor center building, information kiosk, picnic shelter, restrooms, 25-car parking lot, and raptor cage that houses several injured golden and bald eagles, owls and hawks. A caretaker residence is also located here. South of the ELC headquarters and caretaker's residence is the historic 1870 Rigden Farmstead. Many structures are still standing The City's multi -purpose trail system ends at the ELC parking lot Currently the trail goes from the ELC to Taft Hill Road on the western side of the City, approximately 7 miles away. The City plans to extend the trail to the Strauss Cabin and ultimately further south to Harmorrf Road, however the exact location of the trail has not been determined. Long range plans are to Poudre River Environmental Learning District Resource Recovery Farm and provides access to an area that is currently being mined for gravel. Another bridge crosses Boxelder Creek, providing access to the lower, western -most fields on the Resource Recovery Farm site. The Resource Recovery Farm is irrigated through a network of ditches that transport untreated water. A major ditch, the San Dike Irrigation Ditch, flows southwest from I-25 to the southern edge of the site, whereupon it crosses I-25 again to deliver irrigation water to other users downstream. This ditch may be somewhat of a development constraint, depend- ing upon the parcelization of the property, however it offers the potential for continued use of raw water for irrigation, a practice that should be incorporated in the Poudre River Environmental Learning District. Platte River Power Author- ity has a 100-foot easement for high voltage transmission lines that run east to west across the entire district. No structures or tall tress may be placed under these lines. The upper bench along Interstate 25 is highly visible to travelers, making the real estate commercially valuable. Thus, the north- east comer of the plan area, by Prospect Road and I-25, is prime commercial property because it is accessible and visible. The visual quality of this area is also critical to the overall image of the Poudre River Environmental Learning District and the City of Fort Collins, and should be carefully designed to express the values of the City and the District. The lower bench area is a moderately visible zone with less access, but much of the land is not in the floodplain and could potentially be developed. According to City personnel, the Resource Recovery Farm property will be available for development within four or five years (approximately the year 2001). However, part of the land along the Frontage Road might be available for development sooner. The City's goal is to recoup their costs for the property through leasing or selling a portion of the site for development, allowing the remainder to stay in open space or to be developed for other public uses. 3 Conceptual Land Use Plan planning consultants and other community organizations during 1996 and 1997. The planning team determined that the location of the plan area and its natural qualities present an outstanding opportunity for residents of Fort Collins to make a statement about their values for nature and the quality of development desired in and around their city. It could become the "Environ- mental Entry" to the City, demonstrating how development can occur in an environmentally friendly manner. It also sets the stage for apartnership of environmental education organizations, such as the CSU Environmental Learning Center, ahorticultural center and a science discovery center. Existing Two maps, Site Inventory and Site Analysis, have been pre - Conditions pared to illustrate major site features and characteristics that influenced the development of the land use plan. These are located at the end of the text portion of this document Existing Land Use Within The District Of the approximately 1,200 acres in the district, 560 acres are in public ownership. Fort Collins owns approximately 360 acres on the northeastern portion of the site, and CSU owns approximately 200 acres on the northwestern portion of the site. Almost 700 acres of the planning area is in private ownership, a majority of which has been, is currently, or is planned to be mined for gravel. Resource Recovery Farm The City of Fort Collins Water Utilities Department is currently using their property as an experimental agricultural site for applying waste water sludge. The Resource Recovery Farm, as it is called, has several structures on site, including a large three - sided composting facility, a caretaker residence, offices and garages and several outbuildings. Access is from Prospect Road via a two lane paved or gravel road that circles the upper, eastem-most portion of the site. These roads continue south and west, providing the only access to the Boxelder Sanitation District water treatment facility and the City Archery Range. A bridge crosses the Poudre River at the southern edge of the Poudre River Environmental Learning District latrod11Ction - The Poudre River Environmental Leaming District is located in Fort Collins, Colorado, a city ofapproximately 100,000 people and the home of Colorado State University (CSU). More than 1,200 acres ofnatural and reclaimed land and wildlife habitat serve as the backdrop for a unique blending of resource values and facilities that emphasize science and the environment to provide a recreational, hands-on, interactive student and family learning experience. The possibilities sparkthe imagination, with a visitor center, CSUEpvironmental Learning Center, commu- nity horticulture center, science museum and much Mora Ad- joining land parcels target businesses with interests and products that complement the goals of the learning district, The 1,200 acre district spans both sides of the Cache La Poudre River (Poudre River) which is arguably one ofthe most significant natural landscapes in the region. The planning area includes property owned by CSU, the City of Fort Collins and Private individuals, and is immediately adjacent to Interstate 25. The map entitled Jurisdictional Boundaries shows the extent of the planning area and land ownership. Because of its high visibility to local, state and interstate travelers, the appearance of development that occurs in the district and the preservation of views to the Poudre River will be critical to the image and visual quality of the community. Specifically, the district is defined as the area west of I-25, south of Prospect Road, east of County Road 9 and north of Horsetooth Road. It encompasses approximately 1 'r4 mile of the Poudre River, and includes portions of Boxelder Creek, numerous ponds, natural and constructed wetlands and relics of natural prairie, as well as irrigated agricultural lands and a few private residences. Although portions of the district have not been annexed into the City of Fort Collins, the entire district is within the City ofFort Collins Urban Growth Area. This means that Larimer County will refer all development proposals to the City for comments and developments must adhere to city design standards. This land use plan for the Poudre River Environmental Learning District resulted from a collaboration between Colorado State University, the City ofFort Collins Water Utilities Department, 1 Poudre River Environmental Learning District Table of Contents Section Page Introduction............................................................................. 1 Existing Conditions .................................................. EldstingPolicyDirection.......................................................... 9 Conceptual Land Use Plan .:................................................... 12 List of Tables Land Use Acreage Table ........................................................ 12 List of Maps SiteInventory ......................................................................... 18 Site Analys is..................................................................... Jurisdictional Boundaries........................................................ 20 Conceptual Land Use Plan ..................................................... 21 i Poudre River Environmental Learning District -;� .ram: ('<..-�•l. Conceptual Land Use Plan Prepared for: Colorado State University City of Fort Collins EDAWr Inc. April 1997 c POUDRE RIVER ENVIRONMENTAL LEARNING DISTRICT - CONCEPTUAL LAND USE PLAN • Page 11 of 11 EXHIBIT PROSPECT • T ~F. 1 STREET I I . 4 I + =n f1 O.c A ' /• c..� m � � •. Cam... a • MOE] N C N •. >w F rj © A < i' � a O H ... c c c, u :m N3 V C N' Cl)� J m R 71, �+ it m � + Z ZZ n .` m m �c N m � • \ � N I A G T �• a • A u E,. SISrti}r: Page 10 of 11 EXHIBIT "C" .AifSftie�vT 2705 Southwest Frontage Road A tract of land situate in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, which considering the North line of said Northeast Quarter as bearing North 89017' West and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the intersection of the North line of said Northeast Quarter and the centerline of Boxelder Creek, said point bears North 89017' West, 865.22 feet from the Northeast comer of said Section 28 and run thence South 59*32' West, 1171.44 feet to a point on the Northerly bank of the Cache La Poudre River; said point bears North 00*29' West, 5178.30 feet and again South 86*08' East, 233.40 feet and again South 63032' East, 521.00 feet and again South 19*08' East,203.00 feet and again South 02006' West, 74.30 feet -Deeded (South 05°32'26" East, 81.39 feet -Measured) from the South Quarter corner of said Section 28; thence along the said Northerly bank South 02006' West, 269.00 feet and again South 45"56' East, 466.70 feet and again North 63051' East, 268.38 feet and again North 630 30' East 593.30 feet and again South 86"09'20" East, 461.48 feet; Thence North 31 *24' West, 440.72 feet; Thence North 44052' West,193.13 feet; Thence North 29*29' West, 370.10 feet to the point of beginning containing 21.858 acres more or less, together with 20 foot right of way for road leading to above described property from Highway No. 25, including right to construct power lines upon said right of way. At the request of my client no recorded or apparent rights -of -way or easements have been researched or shown, except those indicated hereon. King Surveryors, Incorporated Page Y9 of 11 Legal Description �A'Il!,#-.. Salt6, A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast Quarter of Said Section 28 to bear North 8901710011 West with all bearings contained herein relative thereto; Thence along .the North line of the Northeast Quarter of Said Section 28, North 8901710011 West, a distance of 865.22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception 1894647 of the Larimer County records. Thence South 60048'40" West, a distance of 306.09 feet to the True Point of Beginning; Thence continuing along Said line, South 6004814011 West, a distance of 849.18 feet to the West line of that certain parcel of land described in Book 2007 at Page 7 of the Larimer County Records; Thence along Said line the following two courses: 1) North 0200610011 East, a distance of 43.73 feet; 2) North 1900810011 West, a distance of 203.33 feet; Thence continuing along the projection of Said line North 19o08'oo" West, a distance of 14.24 feet to the South line of that certain parcel of land described under Reception 186076253 of the Larimer County Records; Thence along the South and East line of Said parcel the following three courses: 1) South 70o30107" East, measured (South 69049111011 East Deed), a distance of 43.62 feet Deed and measured; 2) South 88o50105" East, measured (South 88oO9108" East Deed) a distance of 103.97 feet Deed and measured; 3) North OOo29103" East, measured (North O1o00'o0" East Deed) a distance of 190.74 feet; Thence South 89012'3011 East, a distance of 664.45 feet to the True Point of Beginning. Said parcel of land contains 3.4213 acres more or less and is subject to any easements or rights -of -way of record or that may now currently exist on Said parcel of land. Page 8 of 11 EXHIBIT "A" ` A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast quarter of Said Section 28 to bear North 89017100" West with all bearings contained herein relative thereto; Thence along the North line of the -Northeast Quarter of Said Section 28, North $9017100" West, a distance of 865.22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception 1894647 of the Larimer County records. Said point being the True Point of Beginning. Thence along the North line of Said parcel South 59°32!00" West, a distance of 1171.44 feet to the Northwest corner of Said parcel; Thence North 02006,100" East, a distance of 30.57 feet; Thence North 60048'40" East, a distance of 1155.27 feet to the True Point of Beginning. Said parcel contains 15,091 square feet more or less and is subject to any easements or rights -of -way of record or that may now currently exist on Said parcel of land.. Page 7 of 11 A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., Latimer County, Colorado, being more partcularly described as follows: Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast Quay -ter of Said Section 28 to bear North 89017'0o" West with all bearings contained herein relative thereto; Thence along •the Ncrth'line of the --•Northeast Quarter of Said Section 28, North 89017100" West, a distance of 865.22•feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception p.Z 894647 of the Latimer County records, Thece South 60048140" West, a distance.of 306.09 feet to the True Point of Beginning;The- rice Thece continuing along Said line, South 60048'40" West, a distance of 849.18 feet to the West line of that cej--ain Parcel of land, described in Book 2007 at Page 7 of the Latimer County Records; Thence along Said line the following two courses: 1) North 02006100" East, a distance of 43.73 feet; 2) North 19008100" West, a distance of 203.33 feet; The -rice continuing along the projection of Said line North 19008'00" _ West, a distance of 14.24 feet to the South line.of that certain parcel of land described under Reception 186076253 of the Larime_•- County Records; Thence along the South and East line of Said parcel the following three courses: Z) South 70030107" East, measured (South 69049110" East Deed) a distance of 43.62 feet Deed and measured; •2) South 88050105" Fast, measured (South 88009'08" East Deed) a distance Of'103.97 feet Deed and measured; 3)- Nor`'.h 00029103" East, measured (North 01000100" East Deed) a distance of 190.74 feet; Thence South 89012'30" East, a distance of 664.45 feet .to the Trtie Point of Beginning. Said parcel of land contains 3.4213 acres more or 'less and is subject to any easements or rights -of -way of retard or that may now currently exist on Said parcel of land. Page 6 of 11 PESO EXCEPT: A, parcel of land located in the Northeast Quarter of Section 28, -Township 7 North, Range 68 West of -the 6th P.M., Larimer'County, Colorado, being.more pe.:ticularly described as follows: Commencing at the Northeast corner of Said Section 28 and considering the'North line of the Northeast quarter of Said Section 28 to bear North 89017100" West with all bearings contained. herein relative thereto; Thence along the North line of the Northeast Quarter of Said Section 28. North 89.17,100" West, a distance of 865.22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception 1894647 of the Larimer County records. -Said point being -the True Point of Beginning. Thence along the North line of Said parcel South 59032 t 00" West, a distance of 1171.44 feet to the. Northwest corner of 'Said parcel; Thence North 02.06F00" East, .a distance of 30.57 feet; Thence North 60048'40" East,•a distance of 1155.27 feet to the True Point of Beginning. Said parcel contains 15,091 square feet more or less and is subject to any easements or rights -of -way of record or that may now cam_ ently �-� as Smizi parcel .of land. p' �4 Page 5 of 11 fulr0 ADDED: ! A't=act of land located in th- N.:�; of Sec`icz 21 T e t5e 6t5 P.:::. 2~_nS �w �1-ie.i"._t}, d=s=jb-z °ras `1P 7 to�4. Rain 68 4; ontaincd hf t4c ASS%; of said Sc _-on 21 as b^iin QO�llas: Oorsid__nS,. r3` e^.-n relative t c-e• S J 53 wand vi ` east nm oracr, N::) of -aid t4c� oa 21, said Point bty-eig t4 a OI1JT OF mot.-°" �:h epee NOl'10'�OO E,a2 8565 feSoct� l:.ne o. said tE�, 2:88'26'03'14, 3G5.1 fe-_t: �:. of 55'E, 730.90.feet: Via• 589'46 J2`W, 416:84 feet: t`I„y0• ' the = S00'23'55'Wi 1459.165fe ate• sa.Ld feet to ty_ East L'ne of said 1, g s. id East 2 ne to TIC POL\T 0.r Z—Mmla AND EXCEPT: A `,=act of lzzi located is tha 5t of Sc: iea 22 Ln th. I�r, of 1, Rbo�7 of the 6t': P.M of Ia^_ _ ,and d=s=: �' as fe6lnvs: Grs --�r� tie Sal . Colnz'e, b._n7 =re �-z 23. T as Lrz^-m N B8 36.03• ti a= L- o. t� S'''. cf - '1�SY ' 3c; --'± , at tom_ S: en-_ o• said Sr__onr2�5 c�tainc3,2ere:,n �`vc t'rticn �e °: S.r o_ s✓-i 5:=-ira: Zl.:t 88bJ5'16' ti fcet�-a Inc' t5_°5 y _6 N 090 E,41dZ.02 7e-_o•f --t: �6 Y. 01�10'OON E9 600492 150 , 175.70 p 3^=�, S 60 46'09' , f t �c S Ol 10'00' 0 a 9: t 09 08' feif,et- 103.97 fe-_t; t� _e, w 69°49'100 IC 43.63 fact; N 62 03'03'I '. 521.00'feet: t��4rxB<alan43=L=�sa:d•vestM �- L5= -r lira of L`r .U: said Se= -:a 29- ` 0 3e -,jai ,. �oa'.�r 16.23 ate I: Doc Lc10- E. 79.03 feet r --e c . Pace 4 df 11 AND ALSO: .1 tract of land situate in the Wt of Section 27 and in the E5 of the E11 of Section 20. Town -chip 7 North, Range G8 Wczt•of the G t1 P.M.. which considering the South line of -aid Scetion 20 as la•earie:g 509'10'S0-E and with all bczrincs contained herein rtlativ.; rl��rcto is contained within Ghe boundsr.r lines which bccin at a print en the Wet t line of the Zr of the Z4 of said Scetion 2G which i:cara ::89.610150-Y 1319.30 :cet and acaia 110J025.22-Z 3uz:.L; :v_t fruja the Souzhcast c.)rncr of said Section all:! run thence 1.54.511= 590.56 feet: thence S79'51'•1o'E 4os.45 fact: thenec•539.29'20-3 349.03 feet: ' thence S15'25'SO'E 674.84 feet: thence S19'SG'20'E 049.02 feet: thence S42'13.20'E 509.40 fact: thence S55'32'10'Z 437.43 fact: - thence .717.34130'W 690.03 feet to a point on t1c :Sor t9icast_rl•• line of the Cblorado and Southern Railroad: ' thence along said Northeasterly line SSG'37•E G19.72 feet to a point on the line of Inr._rstatc llighvnp 25: Chcnec along said westerly line U12'34•= 109.70 feet nrj assia NOB'59030'W 801.60 feet and agai.i N12'34'W 2001.10 feet an'! main S77.2G'W 52.00 feet and again H120340W 1000.00 feet nnd.aclin 1102'44'w 304.50 fact and again 1t12'34'W 323.35 fact to a cwic.t nn the North lint of the Mir .of said ;action 27. . thence S09'S9'H 344.1G fcc:•to the Nortln+cst corner of -aid Scetion 27; thence 2203.27150 a 8G5.22 feet alone the North linc'o; t:.: =-, �� i the Z%I of said Sec --ion 22: thane= along the centerline of Ooscldcr crack S20 "^'SG'Z 370.10 feet and again S44'02'50': 193.13 feet and again 5:0':;•�0'i: 440-72 feet: . thence N05'20'10'li 4G1.48'fccc and_acain 564.11010':: •.G;.�2 !r..t to a point on the Nest line of the E; of the E, of :aid =cc;iva 22; Whence SOO.25'22'W� 307.95 feet to t1c POZ1.: OF 0£CI11;:Z::Z, • and' being SUII.IECr to a G0.00 foot vide access road whose centerline 1:1:43in: at a point which bcacs N09'10'50-W 1319.38 feet and'a.;iin 3785.41 feet and again East*1141.50 feet and again 515.25.5o'E 551.04.'fcct from the Southeast corner of said 6cetion 28 and run thence N77'2G'E 791.07 feet, more 'or lest, to a point_ on•Uc•: westerly. line of Inttrztate Higlivay 2S, and also beinc SUOJECT to a right of way for . the .nand Dike Di teh as -It'now exists. EXCEPT ant Shat portion eonvc•c•1 60 Mobile Premia. Cnnc::•l_, tnc. I. -- Deed rrc-�zsltd ,Tune 23, 1902 in Book 2173 at Page 151. r-r."22,2 T OF LAR:1ot. smrz Cr =t.0RRO0. ' !;® P=ce 3 of 11 to110 z� L yt P':t o;` ation 2 c_scribed in. Look 1SS3 ac Pad= 195- :15, as Inning p 95S.22 feet hest of the for -Ices • th=- tn=e S. S9 Sl'lc. 1171.4< fcrc :o a point on tl,_ h'orth_.1 st eOn" thercaf, Posr're Pifer , thence (\') 02.05' E. 74-30 feet,thence X. ^ 9.03, °` th'""'°ch-_ Lz thence 1. 63032' 1:, 521 fcec, thence h', S6003' V. 233.40 c�' 03 1., 203.33 If- line of the N= 1/4 to the ,\' 1/4 corner of said Sectio cc,, ac' '�l- ale-� �tsL Nor -di line of __id ,�c 114 to the point of b•Zinnin- " n+ th-1C' E:'St Zion- the ALL :,n im-nsnip 7 North, R••_a--! 63 last of the 6th P,M,, of Lar:raer CO"-Iti', Ccic- s+iieh hZs b_Ga suricye3 to bG 1ios s th= =011o<,in� deser •a -� ib�_ PrcpGrty: Considzring the 'cast line of said S_�tion 2I as bzarin'N. 00.19+75•• g_-at srth'.:1 bearings eonti:G3 herein relative tGZero: Co icing at the Sc corner of said Section 21; the S. 89.51'31" g_ 3'4,3i feet alo. the South lie of said Section 22 to a point on the ueste_1y- ;i •ht_of_crzy l:n_ of Sc_;e Hiehsay NO. 1SS (I-2S); thGace, A. 12 '35".1:. '30 Sa d L stc_ y r'ght-°f-try 1:ne; thence, eontinu_,n.v alone% 96b-97 Seet z;c•g . +.-zy I— N. zs 17'35" if. 425.S0 f � .szid westc=l _:. Laa••- eet; thence, 611-62 feet oa -uh-a -ht-o �_ :t C1^'G LO tF,G right 1.ith a central anele of 3000'01" �,�� Or a non_ =Get,, and lrhose lon toehotd bzz X. 09'44'S5' 17. GII.SO :eet; tr 'v` 11,�55'• = 417.50"feet alzno e thGnc, 2324.49 :act o a.-ent C :1 t0 - ri"ht with a central Zn-le of 6.33'06" n the a ` C: a nC;- ad- a.-1d'hose le,72 1cl=r:!k ears X. 2'59'07'�If. 13Zi,7S Feet; them- m�0of 3.1 0°l9'27sa- 53.90 =act' 05 57 OS W. 704.20 feet; thence M. a - FGGt along the e_�sti-tg rights-o_`-way FGac- Tina of State Fii%3G a< 1% 729,49 thence, eonSinuLng alone, said f_ FrnG ZY 1S5 (1-2S): ti _ kG, 1;, 44'35" lY, 3TI.S2-f -•.o any. - line N. 35.40 37'• if. C0.9S fee-- leari feet; thence K. 61 32':6" 1'. 53,3c- `- ; sa?d r1oh.-of-ti+ay f=ce line K. Ol'46'40" Z. 36 4Z fti o -et: t2C_ r 3` ant -oc-1id li.z oz,State F:giszy.W.•185 (l-• �t to h pent oa the ' C1 e. the i. 1/i o= said 5_-c�ccz 21, ;l�nc:, ,I. S"o'15'2D" lie 637.17 FG_t North 1_ _ north li,.a o_ t:n_ K--- 1/4 of said St_ ion 21 to z o:--1t oa z `Ions tom= So.-zldez'C-eGk; thence, S. 32 09'S8" P ': 2izG z SMSS :Get alone• a - - a °_ Creek to a po:at on a t=zn*c� F r `=c l ,_ C of sxia Fossil Creek IL-nv3r- 'line or nd- cline. o- n- - Cree'-=c. S. SS'3S' if. 600.00 F ' `� lcavin2 szid �zadar line of 3r.-cic'c: C-=k -=t aeons said Made: line of - - , Fo- fossil ` Gek P_senroi^ t's�--sue S. 4S' r " 9S4 e- -Cet ez Ea;=1d r C-e_k w=st line O_ the J` r' a 11 he H. _3c .net m c POi•1t S. 0-23'SS" lf. 4 r 1/4-0_ sai_ Sxt_on 21; theaee, the - said rir=ar li^_ e 1 59.17 eet alora said vast• line of the 1/4 C , of Sr'd S==--c--1 21; thence,-X SS'26'O5: 1;. 365.13 fcGt zlol/ t `� 2/4 c,..- : �. 29'31/4 o said 5eetion 21; :hence S. 01010.00" If. 31 f r"�� i 1,_ c� ., 3" 17 2493,3 -eat' :a'_th line of -tine g;SO fleet, thence,. S. G9.34'4S" E. 17S.00 feet toy t-4onte• 4- a2eag said soc:til line of o. szid 5 'Lion 21; t4�:, S. S_°S5'16" r 3_04,S3 fee: S. GO'L'20' :f. r the S'-f 1/. to the S 1/4 caner aid S__ eat 79.05 ear along the nest line of the A'c Ltso rtiy�. Z; " E. 24Z S. 84 4F'03 ,49 Fee:; Llancc S 62'OS'03" B. SZ1.0J fez:- sZ"d 5a- 28: them 2 3.33 c1tthenee, S. 03'29'S7 ,30 Feer, thzlec K_ GO'-�'7•• thence' S' 17•<,'03" _. poi-z: o SO•lth line o. the • SS =- 1171.44 FGa- S65.Z2 FcGt zlonv SE 1/4 'of said Se: -ion Zl; t _Weer S. SS'3b'0-•• _ said acute liaa to t':a Point of b erinni--1„ ' - ahares of Lake Canal Cccpany Capital sto=� •' - plrps and attachments thereto located on said land and all �a� ._car -ions or pa -its issued for said wells, but without war:aaty c dies- ob1_ca c:-_ eoneernin9•such adjudications or'pe its,- however, exelcdia th L-'= c and ^ese=wing unto parry of the fete` rt, it: cc an ss `- . 1fl� units of Itorthe=n Colorado liatcP^Cozse=vaSe taro_= cy V SJS::C TO the te_na b= %-- s of a certain fa--n lease datedt: San=ty 1, IDG7, cd C_ l:luvz: as• landlord and Pay Schneider as tc. •:art_ t• S ,itto untchasetYsif thefirst part, its zucccs--ors c`d ascisZ=, the "O' property pursuant to the tc -^ o_ a oErc= t=sd_ for , bona fie Purchase o. said property to party of L-he second part- Larty oL• the first part shall have a period of 90 do-- � aroe1 rcce�o- o� tree no._fiea=ice of such offer to cleat, in writing, to citha=� =cf==e Or a9rc= to Purchase the oroparty under the tcrc.-; thc:cOF_ l� Page 2 of it ALSO EXCEPT: Bzck 1234 a: P•^e 0241 ctoscriD_c. as folio.. "A trac: or parcel of la••1d No. 29 of Colo. do D_parwcac Pro'_c: NO. I 25-3 3l 25S Section l...in the E 1 of Ifi!hwmys /Z of t.4e c _� Section 21 To+ S Ite 1:eridian, in L-rir:e��- COL-ICY,t'Colo' st o£ the Si �4 prin/i. o Iparticularly dose 5e- o, said tree: or parcel bein I _ao of Section 1 � �°Mows: D_Civlin2 at a poi- C an the " r�tc Z_ T,7A', frca which the a t`o--•h Zl bears S. 89.26' �If. a dst=.c--.Of 972.0 feet; eorz__ o, Section 1. Thence along the north c Of 972.0 feet to the line o_ of Sa-S:cmcn 21, S. 29'ZG' E. a•dist- w- 2. Tnenee along the east c: Sec , '-Zl 21; 2,SS6.1 feet; 1 1 t_on Z1,'S 0'16, 1'.. a disw-1ec a: 3-• liar• 8 5<41 1f a distance of 195.0 feet •' Y A'O. 18S• to tiro t.: r: 1- of st _o s 4, Tne.lce ,J. 6'00'30" If. a distance. of 704:2 f • 17.49 lf,. t; 6. The r_ .. a d�`�e of -789.0 feet; �� S. Tnenee N. . nee N. S1'll 30 Ii, a distance of 70.8 feet: 7. Tnenee Y. SO.26' it. a dis'-x1ce of 300.00 feet. 8• Y 7hence�'6S'2„a distance Of 109.7 fee: to.L;r.sO*U& ` line o_°L4eCounty Read; 9. Treace M.' 0034' E. a d:St2-'% o of'30.0 fa - point of beSir::.zv. ALSO , -t. �'e c= Iess, tz t:: which L�_ 1\L e',1Ointaon f the SijC line o Section 2I, T.7., R.631f., t_ dis=-to-- of 1,430.S :eet- of S ._on 2_' beats 1. 0"16' E.'! 1. Tne,.eeralong L'1e east Iine of Section Z1, 9. 0'26' = 3344_0.6 feet- to L.2 was-, right-of-lrzy lira of S.H. Va. 1&S� 1Ce Of 2. ..Ce along t) z List : i;ht-Of-lay line of S.H. IcO. ' T a-C of a c•-e to the a • 1SS, a_.or; tK__ ,hL }tar.-1g =diu of'I1,G?S,0 feet z disance of 900.0 fee: the ChO:'r f . a dicta-.Ce of 799.9 f�- )• a t"s xZ8'1G'S0'• 1: 3, Tne-ce S 6"w30" Y. a� � ` 417 S r • 4. Tice ice along f dis;�1C_ of feet; . L4e a a a:•'ve to ;.4- left havins II8660.0 feet, z dts::nce of 611,E feet (tIa e�.o:_ of�th.s S. 9'4S'E. a disr7-=e of 611.5 feet); S. 71bnee S. 25'21' E. a distar -of 126.5 feet; i~re Potnt of b-T-_: 1 •' tisz: ALSO ELG'i: Paok 144S a-, Page 669, described as follc..;_ Mhaz G8.1 n oo_ 1=ds:..in the 1` 1/4 of Sectiait 22, Tc •s • p ,7 hcrt4, the 6t-4 P.DI. which is bey d to th S�_eet, on the czrt by 3=oje_e Creel, o i th SouL% )' P:os: _t 30 ;elder Creek, for by the cutlet or Fossil creel. Reser«1i- and On the rest by t:_ eeat_: s_--=..ien lire of Ser_tica Z, To1.:7ship 7 ,Yor-,h, Rzzge 63 rest o: rrc 6t.: ASJ a tract of land i.'t is SoutiU. St 2/4 of Section ZZ as desert' -a Book 846 zt ?ago 010 as follows: "q t=aet or parcel of 1=nd ..?s1 the' S:; 1/4 of Book s 71 2_ 7 n., R. 68 if. o. the Sicth Prnc-pal ii:.-idi�1, in 1z:ioer Ccsc7 Colo, ' said tract or parecl•b_i•1g = e particular,)• described as fo A,z-1nirZ at the S'.' Borne_ --a disco f said •ion 22;tneace' zleng the south lire o said Sec` -leer 22 A. 89 59t.- of 344:2 :feet to the'south'•asterl c 5:=tc Ftigtszy b, ISS; L�MCc- along said soutllfrstcrl - ri hz o_t o_ tz)- U`: Of tr1�y No. 2S5 X. 12 Si tt, , a disr„nee of 1120.3 ice: th=S)� State said soot r_s� - y g y line o_ State IIi I-� C6''t"'1S1S1� �On" .c.l ri ht o_ way t 165, ar3 alsn alan� t21: of a clue to the ri.at uith a ^,thus of 1162S fact; a dis�.rs= of e7I•,5�_cet (thz chord of thick art b=rs lI, u-2d'!r. a distz.•1ca Of 471.S fret) to a point oa the u st 2i,•1e of said SeCtion 22; the -ice zlon' said west line of S_:,.ici Z? (N) 0 lG' It. .. distZACC of 1SSS.8 feet more , •or less., to•t'ne point of b_� •• . _t'� �V1T/��i�. J Y�� Y V_f� 1r Jam.• ?age I oZ I1 EXHIBIT "B" : of lard located «n ttie fast 1/2 of the East 1/Z of the Scuthscest 114 and r -�: 2/2 of Sacticn 21, fXCEoT: Dook 0343 _t Pave COO!, described as follo,.s: . •'.;aginning at a poi -it is the torh bo=.z -7• of the herein above d_sc-ibe: :cal propar-,y, said point bein; at the intersection of the bourAm' -y and tha waste-ly ri;hc-of-try lira of S:a High. snit. \a.th which point the East gt —,c.- er-:a_-r of Section Z1, T. 7�p: �yrhO 1_S, e ' cc the Sixth Principal DL-ridian bears S. S9651' $. a dista--,c cal.; e: p t of 149,2 fee . said point also being 165 £eettrestcrly, at rich-, angles to, the eent� `' L,nc of said State Hi�'r...ay No. iss; Tl:-ace 165 feet westerly, of z.1d parallel to the said ee:::= line of State Hightzy !a. 135, along the arc of a carve to the left with a radius of 11625.0 feet a dint=ace of 2100.3 ---at (the chord of uZ-ch irc bears S. 7'3Z' E. a distance of 1099.9 fact) to a point in the E:st bot_z?ay of said harci-rabova desribed -cal property at tic- i-eus=den of said East bot_md :d the said 'westerly right-of-way 1ir_: of Se F*shtay 1Ab. 1S5.'ry =n ALSO r7CC=T: 2zok 845 at Pzge 005, dese'_bed as _ollctrs: , ' �aginning at a point in :he SouL'I Powdery of the hr— -zbcve 2ascil ed ez prc; zry said poi".-, be:: v a: the e . °-s d ZeC:_C: r� 2i S=uzh boL.dm-( zad tFa weszerly ;ht-cF-tray line of Statc Hi. -."a ra xo. 135, ==,•a >;hieh point the z 1/4 cc=& of Section Z1, T. 7 N., IL 68 {:., o= the P_iacip_2 tL- :dial bea-rs S S90Sl' E. a dis r-.ca of 149.2 f a - cat, sai alsd being •165 feet westerly, at r oh: z-tgles to the - FT_�h 20. 185: Sh : ca:rta. l�s_ State . tray enncz 265 fee westerly o=, and pz-a?lel to the said cent- Line a State F_; nay No. 135, ale, g t'sc a: a of a sco-t' t� ere -ight with a r.�*i s of =2S.0 feet a disco -tea of IOSZ,O :!eat (the cho " of which arc bw� ?L 2'19 2/2' 1:. a dis;-nc-- of 3.031.7�- z); Thence 165 £eat uestc_ly of, � pa�..I1e1 to, th= said cntc- =-nt o s State fCi-Imay xo. 185, X. 0*13, E, a dist ace of isS:.4 = o_ .met to a poi t ;arc the said westerly rioht-of-way lira of Sta:c Hi�htay t1'o. 13S - =.-to-sr-ts the s= herly ri.aht-of-tay 1=2 o: the - poi-npir_r 7e.a,•L- .�- on the North side -= said =ir- ave dcsribe3 =ezl .LSO .: cum Sao" S43 at Page 0005, dcsr a as foz?ces: 'A t=aet or parcel of l:.nd ..in the 1iorh-ast (Z,:--rtc- of S=ctic t Zl, Tct. chip 7 2vrth, P=nga 63 Vast of the 6th P.M «n •uric- Colorado, said t =et or parcel being sore ar-,_c la _ Cod as at the Ik corner. of P_ -'c- jship 7__ as -.Section Zl, Ta�-sshio 7 t�nr t4, Pange 63 Ifest ore. the 6th P.H., thence :long the Rat tin line of s: id Section 21, 1:erth 39'29' hest a dis=-c of 195.0 ecct• O*13' Pest a the:tec South distance of 1614.4 fact; t4enec -long toe a;,, of a es-,ze to the left with a radius of 11625.0 feet, a dint of 1032.0 fact (the Ghc:d of uldch ar;� b-r-s Scuth Z'19'30-- East a distz-cc of 2031.7 =eat) to a point on the East ar•3 rest quaver lira of said Section 21; thence along the East and restqsr= fir_ of said Sxtien 21, South 89'S1' East a distanec of 149.2 feet to the E 1/4 Berta- of said Section cast 21: th-nce a1on. the lino of said Section 21 I:o;.h 0'13' - rasC a dist-=c of 2045.9 feet, m6re a= I=, to point of be^stirs^ hISO a tract or parcel -of land... in the Scut. Curter of 5 ctioa Z1, Tcuvship 7 North, Rznge 68 Zest of the 6th P.14., in L-=irr CoL-ity-, Colorado, said tract o- parcel is more particularly d-seribad as =ollous: B-gir_ning at the E 1/4 earner of Section 21 TosZship 7 1:orzh, R=Zc 63 lies: of th- 6th P.M., th-^cc alenq th- c;st __Id 1'�st qu:.;e- line of said 'Section 21 No•.-th 99'43' t'ast a disezne: of 149.2 feet; thcnec along the arc of a curve to tht left with n radius of 11625.0 =cat a,distancc of 1100.3 feat (Lh- chord of watch arc bcnrs South 703Z' 'cast a dis: lee of 1099.9 feat) to a point on the East Una of Said Section 21; th-:sec along the East line of said Scc-,ion 21 North 0 16' East a distance of 1039,9 f- t,s�r- or less; to poi s: of bebinnin Page 4 of 4 N69 34'45"W, 175.00 feet; thence, N19 34'45"W, 117.80 feet; thence, NO1 10'00"E, 600.92 feet; thence, S60 46'09"E, 96.74 feet, to the True Point of Beginning of the tract's description; thence S60 46'09"E, 1326.28 feet; thence SO1 10'00"W, 446.09 feet; thence N88 09'08"W, 103.97 feet; thence, N69 49'10"W, 43.63 feet; thence N62 08'03"W, 512.00 feet; thence, NO1 10'00"E, 100.00 feet; thence, N67 12'45"W 261.63 feet; thence, N88 35'16"W, 135.18 feet; thence, N43 15'00"W, 285.33 feet; thence, NO3 40'45"E, 420.13 feet to the True Point of Beginning. Containing 13.186 acres, more of less Tract 10000019 A tract of land in the North 1/2 of the NW 1/4 of Section 28, T7N, R68W of the 6th P.M., Larimer County, Colorado, described more particularly as follows: Considering the North line of the NW 1/4 of Section 28, T7N, R68W of the 6th P.Mas bearing S 88 3603"E and with all bearings contained herein relative thereto;Beginning at a point on the North line of the NW 1/4 of said Section 28 fromwhich point of beginning the NW Corner of said Section 28 bears N88 36103"E, 740.00 feet; thence SO1 23'57"W along a line at right angles to the North line of the NW 1/4 of said Section 28, 300.00 feet; thence S88 36'03"E, along a line parallel to the North line of the NW 1/4 of said Section 28, 1370.00 feet; thence NO1 23'57"E, along a line at right angles to the North line of the NW 1/4 of saidSection 28, 300.00 feet to a point on the North line of the NW 1/4 of said Section 28; thence N88 36'03"W, along the North line of the NW 1/4 of said Section 28, 1370.00 feet to the Point of Beginning. Containing 9.435 Acres, more or less. Page 3 of 4 26'30"E, 800.00 feet alongthe East-West centerline of said Section 21, to the NW corner of the East 1/2 ofthe SW 1/4 of said Section 21 Then SOO 20'39"E, 1150.00 feet along the West lineof the E 1/2 of the SW 1/4 of said Section 21, to the True Point of Beginning. A tract of land located in the SW 1/4 of Section21, T7N R68W of the 6th P.M., Larimer County, Colorado more particularly described as follows: Consideringthe North line of the NW 1/4 of said Section 21 as bearing S88 14'33"E, and withall bearings contained herein relative thereto; Beginning at a point on theSouth line of said Section 21, Thence S88 36'03"W, 437.56 feet and Point of Beginning; Thence N88 36'03"W, along said South line, 280.13 feet; Thence N21 08'10"W, 1638.25 feet; Thence N00 20'39"W, 1150.00 feet to a point on the North lineof the SW 1/4 of said Section 21; Thence S88 26'30"E along the North line of the SE 1/4,601.73 feet; Thence S30 53'36"E, 475.46 feet; Thence SO1 10'00"W, 1491.85 feet; Thence S22 06'17"E, 168.06 feet; Thence SO 21'57"W, 613.42 feet to thepoint of beginning. Containing 51.034 acres, more or less. Tract 10000023 A parcel of land situated in Section 21, T7N, R68W of the 6th P.M., all within the County of Larimer, State of Colorado, more particularly described as follows:Considering the North Line of NW 1/4 of Section 21, T7N, R68W of the 6th P.M. asbearing S88 14'33"E, and with all bearings contained herein relative thereto: Beginning at the S 1/4 comer of Section 21, T7N, R68W, of the 6th P.M.; then N88 36'03"W, 1238.85 feet along the South Line of said Section 21; Then N54 88'45"W, 96.64 feet to a point on the West Line of the E 1/2 of the SW 1/4 of said Section 21; Then N00 20'39"W, 1458.97 feet along the West Line of the E 1/2 of the SW 1/4 of said Section 21, to the True Point of Beginning; Then N34 04'56"W, 1414.74 feet to a point on the East-West center line of said Section 21; Then S88 26'30"E, 800.00 feet along the East-West centerline of said Section 21, to the NW corner of the East 1/2 of the SW 1/4 of said Section 21, Then SOO 20'39"E, 1150.00 feet along the West line of the E 1/2 of the SW 1/4 of said Section 21, to the True Point of Beginning. Containing 10.56 acres more or less. Tract 10000022 A parcel of land situated in Section 21, T7N, R68W of the 6th P.M., all within the County of Larimer, State of Colorado, more particularly described as follows:Considering the North Line of NW 1/4 of Section 21, T7N, R68W of the 6th P.M. asbearing S88 14'33"E, and with all bearings contained herein relative thereto: Beginning at the S 1/4 corner of Section 21, T7N, R68W, of the 6th P.M.; then N88 36'03"W, 717.69 feet along the South Line of said Section 21, to the TruePoint of Beginning; Then N88 36'03"W, 521.16 feet; Then N54 88'45"W, 96.64 feetto a point on the West Line of the E 1/2 of the SW 1/4 of said Section 21; ThenN00 20'39"W, 1458.97 feet along the West Line of the E 1/2 of the SW 1/4 of saidSection 21; Then S21 08'10"E, 1638.25 feet to the True Point of Beginning. Tract 10000020 A tract of land located in the S 1/2 of Section 21, and in the NE 1/4 of Section28, T7N, R68W of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the South line of the SE 1/4 of said Section 21 as bearing N88 36'03"W and with all bearings contained herein relative thereto: Beginning at the S 1/4 corner of said Section 21; thence, along theSouth line of the SW 1/4 of said Section 21, N88 35'16"W, 194.88 feet; thence, Page 2 of 4 Tract 10000039 A tract of land located in the NE 1/4 of Section 21, T7N, R68W of the 6th Principal Meridian, Larimer County, Colorado, being more particularly described as follows: Considering the North line of the NE 1/4 of said Section 21 as bearing S88 13'20"E and with all bearings contained herein relative thereto: Commencing at the N 1/4 corner of said Section 21: thence along the North line of said NE 1/4, S88 13120"E, 709.35 feet: thence departing said North line, S00 23'56"W, 30.01 feet to a point on the South line of Prospect Road, said point being the POINT OF BEGINNING; thence along said South line, S88 13'20"E, 295.80 feet; thence departing said South line, S32 09'57"E, 560.68 feet: thence, S88 34'00"W, 597.81 feet; thence N00 23'55"E, 498.76 feet to the POINT OF BEGINNING. Tract 10000026 A tract of land located in the NW 1/4 of Section 21, T7N, R68W, of the 6th P.M.,Larimer County, Colorado, more particluarly describe as follows: Beginningat the NW corner of said Section 21; thence S00 17'23"W, along the West line of the NW 1/4 of said Section 21, 1630.00 feet; Thence S89 42'37"E, 96.00 feet; Thence N41 10'00"E, 327.00 feet; Thence N75 45'00"E, 508.00 feet; Thence N00 30'00"E, 957.50 feet, Thence N88 14'33"W, 85.87 feet, Thence NO1 45'27"E, 247.00 feet, Thence NO 45'27"E, along a line which is at right angles to the North line of the NW 1/4 of said Section 21; 30.00 feet to a point on the North line of the NW 1/4 of said Section 21; Thence N88 14'33"W, along the North line of the NW 1/4 of said Section 21, 726.74 feet to the Point of Beginning. Containing 25.23 acres, more or less. Plus: Beginning at a point on the West line of the NW 1/4 of said Section 21 from which the NW comer of said Section 21 bears N00 17'23"E, 1630.00 feet; Thence S89 42'37"E, 96.00 feet; Thence S27 45'00"E, 403.00 feet; Thence S24 30'00"E, 752.41 feet to a point on the South line of the NW 1/4 of said Section 21; Thence N88 26'30"W, along the South line of the NW 1/4 of said Section 21, 601.07 feet to the West Quarter corner of said Section 21; Thence N00 I T23"E, along the West line of the NW 1/4 of said Section 21, 1025.47 feet to the Point of Beginning. Containing 8.42 acres, more or less. Tract 10000025 A tract of land in the W 1/2 of the SW 1/4 of Section 21, T7N, R68W of the 6th P.M., Larimer County Colorado, as described more particularly as follows; Minus a area traverse listed as follows: Considering the South line of the SW 1/4 of Section 21 as bearing S88 36'03" and with all bearings contained herein relative thereto: Beginning at the SW quarter corner of Section 21, Thence N88 36'03"E, 180.87 feet; Thence NO1 27'51 "E, 912.01 feet; Thence N89 38'00"E, 378.19 feet; Thence S10 33'28"W, 207.81 feet; Thence S32 04'13"E, 167.30 feet; Thence S20 06'04"E, 339.41 feet; Thence S32 24'56"E, 316.72 feet to a point on the South line of the SW 1/4 of said Section 21, 738.88 feet to the Point of Beginning. Minus a area traverse listed as follows: Considering the North Line of NW 1/4 of Section 21, UN, R68W of the 6th P.M. as bearing S88 14'33"E, and with all bearings contained herein relative thereto: Beginning at the S 1/4 corner of Section 21, UN, R68W, of the 6th P.M.; then N88 36'03"W, 1238.85 feet along the South Line of said Section 21; Then N54 88'45"W, 96.64 feet to a point onthe West Line of the E 1/2 of the SW 1/4 of said Section 21; Then N00 20'39"W,1458.97 feet along the West Line of the E 1/2 of the SW 1/4 of said Section 21, to the True Point of Beginning; Then N34 04'56"W, 1414.74 feet to a point on the East-West center line of said Section 21; Then S88 EXHIBIT "A" Page 1 of 4 Tract 10000039 A tract of land located in the NE 1/4 of Section 21, T7N, R68W of the 6th Principal Meridian, Larimer County, Colorado, being more particularly described as follows: Considering the North line of the NE 1/4 of said Section 21 as bearing S88 13'20"E and with all bearings contained herein relative thereto: Commencing at the N 1/4 corner of said Section 21: thence along the North line of said NE 1/4, S88 13'20"E, 709.35 feet: thence departing said North line, SOO 23'56"W, 30.01 feet to a point on the South line of Prospect Road, said point being the POINT OF BEGINNING; thence along said South line, S88 13'20"E, 295.80 feet; thence departing said South line, S32 09'57"E, 560.68 feet: thence, S88 34'00"W, 597.81 feet; thence N00 23'55"E, 498.76 feet to the POINT OF BEGINNING. Main ELC Tract A tract of land located in Section 21, T7N, R68W, of the 6th P.M.,Larimer County, Colorado, more particularly describe as follows: Beginning at the SW corner of said Section 21; thence NOO-09-24E 2596.33 feet, thence NOO-09-19E 1320.69 feet, thence NOO-09-24E 1401.85 feet, thence S88-56-47E 739.26 feet, thence NO1-45-27E 293.66 feet, thence N88-14-33W 85.86 feet, thence NOO-30-OOE 957.50 feet, thence N75-45-OOE 508.00 feet, thence N43-10-OOE 327.00 feet, thence S27-45-OOE 402.98 feet, thence S24-30-OOE 729.62 feet, thence S89-01-41E 730.08 feet, thence S89-01-46E 627.42 feet, thence S30-58-36E 441.10 feet, thence SO1-10-OOW 1491.85 feet, thence S 22-06-17E 168.04 feet, thence S-01-25-16W 617.51 feet, thence S89-06-15E 107.81 feet, thence SOO-13-24E 290.48 feet, thence S89-30-16E 1360.32 feet, thence SO1-26-06W 129.06 feet, thence S89-06-1OE 181.00 feet, thence S32-24-56E 317.42 feet, thence S20-06-04E 339.40 feet, thence S32-04-13E 167.29 feet, thence SIO-33-28W 206.33 feet, thence N89-38-OOE 378.18 feet, thence NO1-27-51E 919.05 feet, thence S89-06-IOE 180.35 feet to point of beginning. Tract 10000020 A tract of land located in the S 1/2 of Section 21, and in the NE 1/4 of Section 28, T7N, R68W of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the South line of the SE 1/4 of said Section 21 as bearing N88 36'03"W and with all bearings contained herein relative thereto: Beginning at the S 1/4 corner of said Section 21; thence, along the South line of the SW 1/4 of said Section 21, N88 35'16"W, 194.88 feet; thence, N69 34145"W, 175.00 feet; thence, N19 34'45"W, 117.80 feet; thence, NO1 10'00"E, 600.92 feet; thence, S60 46'09"E, 96.74 feet, to the True Point of Beginning of the tract's description; thence S60 46'09"E, 1326.28 feet; thence SO1 10'00"W, 446.09 feet; thence N88 09'08"W, 103.97 feet; thence, N69 49'10"W, 43.63 feet; thence N62 08'03"W, 512.00 feet; thence, NO1 10'00"E, 100.00 feet; thence, N67 12'45"W 261.63 feet; thence, N88 35'16"W, 135.18 feet; thence, N43 15'00"W, 285.33 feet; thence, NO3 40'4511E, 420.13 feet to the True Point of Beginning. Containing 13.186 acres, more of less Intergovernmental Agreement Page 4 University: Vice President for Administrative Services 309 Administration Building Colorado State University Fort Collins, CO 80523 Copy to: Office of the General Counsel 202 Administration Building Colorado State University Fort Collins, CO 80523 City: Fort Collins City Manager P.O. Box 580 Fort Collins, CO 80522-0580 Copy to: Fort Collins City Attorney P.O. Box 580 Fort Collins, CO 80522-0580 IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement as of the date set forth opposite their signatures. THE "UNIVERSITY" THE COLORADO STATE BOARD OF AGRICULT acting by and through / S �� By: Date Albert C. Yates, Pre: Colorado State Univ THE "CITY" THE CITY OF FORT COLLINS, COLORADO, a municipal corporation G7 By: - "7— �r�t Date John F. is b h, City Manage 0 Approv d As To dorm ;-o—, Deputy City Attorney Intergovernmental Agreement Page 3 E. The parties agree that the Land Use Plan shall be subject to change only by the mutual written agreement of the University and the City. 2. Duration of IGA This IGA shall remain in full force and effect for a period of fifty (50) years from the execution hereof by both parties. Any renewal of this IGA shall be accomplished only by the mutual consent of the parties, their successors or assigns, as evidence by a written agreement signed by both parties. 3. Enforcement. The parties agree that monetary damages for non-performance under this IGA would be difficult to establish and, at best, speculative. Accordingly, the parties agree that their respective obligations hereunder shall be enforceable only be seeking equitable relief including but not Whited to injunction or specific performance and each party hereby waives the right to seek recovery of any monetary damages in any such action. 4. Miscellaneous. A Any use or development of the University Property or City Property in existence prior to the execution of this IGA are recognized by the parties as consistent with the Land Use Plan. B. The University and the City agree that neither the University's execution of this IGA nor its agreements hereunder with respect to the University Property shall be construed as acquiescence by the University to the appliation of City land use or zoning regulations of any kind to the University Property or any real property of the University. It is the intent of the parties that neither the existence of this IGA nor their respective agreements hereunder shall prejudice either one of them or be used as evidence with respect to any use, development, or right to regulate use or development of any other real property of the University or the University Property except as expressly provided herein. C. The representatives of the University and the City signing this IGA hereby represent to each other that they have the authority to enter into this IGA and have obtained any and all approvals necessary to do so. D. Any notice, request, demand, consent or approval, or other communication pursuant to this IGA shall be in writing and shall be deemed to have been given when personally delivered or deposited in the United States Mail, postage prepaid, return receipt requested, addressed to the party for whom it is intended at the following addresses: Intergovernmental Agreement Page 2 with one another to provide functions, services or facilities lawfully authorized to each of them. Each is lawfully authorized to determine the use of its respective real property and the City is lawfully authorized to regulate uses and development of property within the City limits in accordance with Colorado statutes and its municipal ordinances. G. The annexation ordinance under which the University Property was annexed specifically exempts the University from the City's zoning and land use regulations. H. The University and City desire to enter into this IGA to implement the Land Use Plan and provide for the development of the real property referenced above for their mutual benefit on the terms and conditions set forth herein, notwithstanding the University's exemption under the above - referenced annexation ordinance from the planning and zoning laws of the City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the benefits accruing to each party and their respective real property and public purposes as result thereoly and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Implementation of Land Use Plan. The parties agree to implement the Land Use Plan as follows: A. The University agrees to utilize and develop the University Property in accordance with the Land Use Plan. B. The City agrees to utilize and develop the City Property in accordance with both the Land Use Plan and the City's Land Use Code. C. The City agrees that, to the extent permitted by law, it will regulate the use and development of the Private Property in accordance with the Land Use Plan and the City's Land Use Code, by ordinance or otherwise, when and if such property is annexed to the City or pursuant to its cooperative role with Larimer County with respect to property within the City Urban Growth Area. D. The agreements to utilize and develop the respective properties in accordance with the Land Use Plan and/or the City's Land Use Code shall run with the land and bind successive owners or assignees of the City Property and the University Property, during the term of this IGA. Each party agrees to give any prospective purchaser or lessee written notice of the terms and conditions of this IGA prior to any transfer or lease of any portion of the property which is the subject hereof. v INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is entered into between the Colorado State Board of Agriculture, acting by and through Colorado State University (the "University") and the City of Fort Collins, Colorado (the "City"). RECITALS A The University is a state institution of higher education and, pursuant to Colorado law, is vested with control and power over all real property of the University. B. The City is a political subdivision of the State and vested with the powers of a home - rule city under Colorado law. C. The University owns approximately 200 acres of real property located in Larimer County, Colorado, and more particularly described on Exhibit "A" attached hereto, which property shall hereafter be referred to as the "University Property" upon which property is proposed to be built the facility known as the Colorado State University Environmental Learning Center (the "ELC'). The ELC serves as an outdoor laboratory for research and education on natural and cultural systems, to advance environmental stewardship among students and the community through opportunities for experiential learning, self -study, and educational programs. D. The City owns approximately 360 acres of real property (the "City Property") which is located adjacent to or in the immediate vicinity of the ELC and is more particularly described on Exhibit `%" attached hereto. The City also has, or may have upon annexation to the City, the power to regulate the use and development of approximately 700 acres of real property (the "Private Property") which is adjacent or in the immediate vicinity of the City Property , most of which is expected, after gravel mining is complete, to be utilized in a manner consistent with the ELC (e.g., as a part of an environmental corridor). E. In furtherance of their respective missions, the University and City commissioned a study entitled the "Poudre River Environmental Learning District Conceptual Land Use Plan" prepared by EDAW, Inc., and dated April, 1997, a copy of which is attached hereto and incorporated herein by this reference (the "Land Use Plan"). The Land Use Plan was prepared as a collaborative effort to define a conceptual outline of potential uses of the University Property, the City Property and the Private Property, (all of which properties are more specifically identified in the Land Use Plan and collectively referred to therein, and hereinafter as the "District") which uses would advance the respective missions of the University and the City, maintain compatible and complementary uses of property within the District, maintain or enhance the value of the properties and facilitate their respective goals, including the provision of their respective functions, facilities, and services related to open space, conservation, and environmental considerations. F. Pursuant to Section�18(2)(a) and (2)(b) of Article XIV of the Colorado Constitution and C.R.S. 29-1-203, the University and City are authorized to enter into contracts and agreements Colo O December 16, 1997 W. Paul Eckman DEC Office Deputy City Attorney ,997 e of the General Counsel City Attorney's Office 202 Administration Building 8 Fort Collins, Colorado 80523-0006 City of Ft. Collins (970) 491-6270 POBox 580 �d'^—'` FAX: (970) 491-2118 Ft. Collins, C080522-0580 RE: ELC - Petition for Annexation and Intergovernmental Agreement Dear Paul, I am enclosing one copy of the Petition for Annexation pertaining to the 5 acre site for the Visitor's Center at the Environmental Learning Center and two copies of the Intergovernmental Agreement pertaining to land use. These documents have been signed on behalf of the University. It is our understanding that both the Petition for Annexation and the Intergovernmental Agreement must be approved by City Council. It is our further understanding that these two documents will be considered together as it is our mutual intention that neither proceed without the other. When they have been approved and signed by the City, please return one copy of the Intergovernmental Agreement to our office for our files. The Intergovernmental Agreement includes the legal description of the City properties that you forwarded to me with your letter of December 8, 1997. You might want to check this to make sure that I have attached everything necessary to fully describe that property, as the materials you sent included a number of parcels and were a bit confusing. We look forward to completing this process. Please notify Gerry Bomotti of the dates on which City Council will consider these matters. Gerry can be reached at 491-5257. As I mentioned to you, I will be out of the office now on maternity leave and won't be back for several months. If something comes up in the meantime, please contact our office and Melanie or Rose can put you in touch with someone to provide any assistance you may need. Thanks. Sincerely, Judith ost Sc,idt Deputy General ounsel Enclossures(3) Cc: Gerry Bomotti (w/encl) Brian Snow (w/o encl) 4 copy directly to Gerry Bomotti. It may be that in Judy's absence we ought to correspond directly with Gerry. With the exception of the preparation of a Resolution authorizing execution of the Intergovernmental Agreement and, of course, the Annexation and Zoning Ordinances, I believe that I have completed my work on this project. However, if there is any additional legal work that needs to be done, please let me know. WPE:er Attachments cc: Bob Blanchard, Director of Current Planning City of Fort Collins DATE City Att"ney December 19, 1997 Cap - MEMORANDUM TO: Frank Bruno, Assistant City Manager FROM: W. Paul Eckman, Deputy City Attorney RE: ELC Annexation and Intergovernmental Agreement Today I received the attached letter dated December 16, 1997, from Judy Schmidt, together with an originally executed Petition for Annexation and two originally executed Intergovernmental Agreements regarding the above -referenced matter. The Petition for Annexation is in the form agreed upon between your office and the University. As you will recall, the University refused to sign the Petition containing the language that I had proposed in paragraph 3 at the bottom of the first page, which would have given the City full jurisdiction over the property if the property should no longer be used for education, research, extension and related support services. You had instructed me to delete that language from the Petition, which I did. Accordingly, I believe that the Petition is ready for you to submit the Current Planning Department for processing. Please note that Judy has explained in her letter that CSU's understanding is that the annexation will be processed together with the authorization for the execution of the Intergovermental Agreement, and that the University does not intend that one proceed without the other. As to the Intergovernmental Agreement, the Agreement itself is in the form that we negotiated. Therefore, I have approved the Agreement as to form and it is ready for the City Manager's signature. However, I believe that you ought to arrange for your staff to double check the legal descriptions, not only for the Petition for Annexation (which is a very simple legal description), but also Exhibits A and B of the Intergovernmental Agreement to assure ourselves that the proper land is described in the Agreement. CSU's land (described in Exhibit A) seems to me to be fairly well - organized, and consists of four pages. Nevertheless, we may want to check that description to make sure that we agree with it. The description of our property that you provided to me and that I forwarded to Judy on December 8 is Exhibit B of the Agreement. It consists of 11 pages and we may want to double check that description to assure its accuracy. After you are satisfied that the legal descriptions are correct and the Council has authorized the execution of the Agreement, John should execute the Agreement and, as Judy requested, a copy should be returned to the University. If you would like, you could provide me with a copy which I would mail to Judy. However, that may not be best because she has indicated that she will be out of the office for several months on maternity leave. It may be better for you to forward the executed 300 LaPorte Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327