File #: ID-253-17    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 6/26/2017 In control: City Council
On agenda: 7/11/2017 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND EXHIBITS (“PSA”), BY AND BETWEEN THE CITY AND THE CONSERVATION FUND (“TCF”) (“OWNER” AND “SELLER”), FOR THE CITY’S PURCHASE AND ACQUISITION OF CERTAIN ADAMS COUNTY AGRICULTURAL REAL PROPERTY AND IMPROVEMENTS, COMPRISING APPROXIMATELY 63.69 ACRES MORE OR LESS, AND ALSO INCLUDING CERTAIN APPURTENANT WATER RIGHTS (“PROPERTY”), BEING GENERALLY LOCATED ALONG SABLE BOULEVARD BETWEEN 144TH AND 148TH AVENUES, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE PSA, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEES TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE REASONABLY NECESSARY TO CARRY OUT AND SUCCESSFULLY CLOSE THE TRANSACTION FOR THE CITY
Attachments: 1. CC Reso Sable Farm Acq (Final Draft), 2. TCF to Brighton Contract 3 062017 signed by TCF 063017, 3. Civil Arts Final Survey.53510-sec 013117 Received 020317

Body

Department of Parks and Recreation

Reference: A resolution approving that certain Purchase and Sales Agreement between the City of Brighton and the Conservation Fund to purchase approximately 63.69 acres and 70.8 Shares of Fulton ditch water and authorizing the City Manager to execute the agreement.

 

To:                                                               Mayor Richard N. McLean and Members of City Council

Through:                                          Clint Blackhurst, Acting City Manager

                                                               Chontel Trujillo, Assistant city Manger Operations

Prepared By:                                          Gary Wardle, Director Park and Recreation

Date Prepared:                     June 26, 2017

PURPOSE
A resolution approving that certain Purchase and Sales Agreement between the City of Brighton and the Conservation Fund to purchase approximately 63.69 acres of Farmland and 70.8 Shares of Fulton Ditch Water located between 144th Ave and 148th Ave. west of Sable Blvd, and authorizing the City Manager to execute the Agreement.

 

BACKGROUND

 In 2016 the City of Brighton and Adams County approved the District Plan.  One of the desired outcomes of the District Pan is the preservation of Farmland in south Brighton.  The first parcel of land to become available after the approval of the District Plan is the Sable Farmland located between 144th and 148th west of Sable Blvd. 

 

The Sable Farmland consists of 63.69 acres of land and 70.8 Shares of the Fulton Ditch. There are two wells on the property that are augmented by Central Colorado Water Conservancy District.  The acquisition includes the two houses on the property.  The acquisition does not include the gas well site.

 

In 2016 the City Council approved a Contract with the Conservation Fund to assist the City in purchasing the Sable Farmland from the Anderson/ Hattendorf Family.  In early 2017 the Conservation Fund completed the negotiations and purchased the Property from the Anderson/Hattendorf Family.  The City will acquire the property from the Conservation Fund.

 

The City has received grants from Great Outdoors Colorado and Adams County Open Space to purchase the property.  Both grants request the City to grant a Conservation Easement (CE) on the property.  The Conservation Easement will be held by Adams County.  The CE will remove the development rights from the property.  The property will remain in farming.  The City will be required to provide water rights for the property.  The Fulton Ditch Shares may be converted to other uses but the City must provide like water to the property to allow for the continued farming. The GOCO grant also include $10,000 for “Story Telling”.  This funding will allow the City to promote the District Plan area and tell the story of the Anderson/Hattendorf Farm.

 

Attached is the Purchase and Sales agreement and the Conservation Easement for review by the City Council.  The CE must be approved by Ordnance

 

 

 

FINANCIAL IMPACT

The purchase price for the land and the water is $3,478,000.00.  The grant from GOCO is for $487,690.  The grant from ADCO is $1,492,000.  The City will fund $1,498,310 from the Recreation Capital Open Space Account.  These funds are budgeted in the 2017 budget.

 

STAFF RECOMMENDATION

Staff recommends approval of the Resolution to approve the Purchase and Sale Agreement and  authorizing the City Manager to execute the Purchase and Sales Agreement between the City of Brighton and the Conservation Fund to acquire 63.69 acres of Farmland and 70.8 Shares of Fulton Ditch water.

OPTIONS FOR COUNCIL CONSIDERATION

1.                     Approve the Resolution

2.                     Not approve the Resolution

ATTACHMENTS

1.                     Resolution

2.                     Purchase and Sales Agreement