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HomeMy WebLinkAbout971 Two Hunters Park various documents 04-22-2020ORDINANCE N0.971 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY AND A RECREATIONAL EASEMENT FROM TWO HUNTERS PARK, LLC FOR THE CONSTRUCTION AND OPERATION OF A PEACEFUL PARK; APPROVING A GIFT AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TWO HUNTERS PARK, LLC FOR SAID LAND AND EASEMENT; ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY FROM ANADARKO PETROLEUM CORPORATION FOR THE CONSTRUCTION AND OPERATION OF A PEACEFUL PARK; AND APPROVING A PURCHASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ANADARKO PETROLEUM CORPORATION FOR SAID LAND WHEREAS, Two Hunters Park, LLC ("Donor") owns certain real property located within the Town of Firestone, Weld County, Colorado, legally described as Lot 12, Block 14, Oak Meadows P.U.D. Filing 2 and commonly known as 6312 Twilight Avenue, Firestone, Colorado 80504 (the "Lot 12"), and Anadarko Petroleum Corporation ("Anadarko") owns certain real property adjacent to Lot 12, legally described as Lot 11, Block 14, Oak Meadows P.U.D. Filing 2, Town of Firestone, Weld County, Colorado, and commonly known as 6310 Twilight Avenue, Firestone, Colorado 80504 (the "Lot 11 ") (collectively, the "Property"); and WHEREAS, Lot 12 was the location of a tragic explosion in which the Donor's spouse and brother passed away; and WHEREAS, Donor is willing to gift to the Town fee simple title to a certain portion of Lot 12, approximately 5,526 square feet in area ("Town Tract"), in memory of Donor's deceased spouse and brother, for development as a public space to be used for gardens, a natural habitat area, nature trail, pedestrian path, open space, wilderness area or other similar passive recreational uses ("Peaceful Park"), with the understanding that the Town will limit use of the Town Tract to a Peaceful Park, develop the Peaceful Park consistent with a design as more fully described in Exhibit A (the "Design Plans") and will preserve the Town Tract as a Peaceful Park for future public use; and WHEREAS, Donor further desires to retain fee simple title to a small tract of land located at the northeastern corner of Lot 12, approximately 932 square feet ("Donor's Tract"); however, the construction and continued operation of the Peaceful Parlc, to be consistent with the Design Plans, will require acquisition of a permanent easement over Donor's Tract; and WHEREAS, Donor is willing to grant to the Town a recreational easement across Donor's Tract to accommodate the development and operation of the Peaceful Park by the Town and to facilitate use of Donor's Tract in conjunction with the public's use of the Peaceful Park for the passive recreational purposes stated herein ("Recreational Easement"); and WHEREAS, the Town has negotiated an agreement with Donor for the donation of the Town Tract and the Recreational Easement, in accordance with the terms and conditions set forth in the Gift Agreement, attached as Exhibit B; and WHEREAS, the Town desires to accept the donation of fee simple title to the Town Tract, 1 as more particularly described in Exhibit B attached to the Gift Agreement, for use as a Peaceful Parlc in accordance with the terms and conditions set forth in the Gift Agreement, and desires to accept the Recreational Easement to further facilitate development and operation of the Peaceful Park, in accordance with the terms and conditions set forth in the Recreational Easement, attached as Exhibit D to the Gift Agreement; and WHEREAS, the Design Plans contemplate the Property will serve as the site of the Peaceful Park; and WHEREAS, the location, construction and operation of the Peaceful Parlc therefore requires acquisition of Lot 11; and WHEREAS, the Town has negotiated an agreement with Anadarko for the conveyance of Lot 11 ("Purchase Agreement"), attached hereto as Exhibit C, and the Town desires to accept the conveyance of Lot 11 in accordance with the terms and conditions of the Purchase Agreement in order to facilitate development of the Peaceful Park; and WHEREAS, the Town of Firestone is generally authorized to accept donations of real property for the benefit of its citizens, and is specifically authorized pursuant to C.R.S. § 31-25- 204 to accept gifts for parks and parks facilities; and WHEREAS, the Board of Trustees finds there is a benefit to providing additional outdoor space for passive recreational activities by the public, and the donation of the land described herein will assist the Town in the establishment of additional public land for passive recreational opportunities; and WHEREAS, the Board of Trustees further finds and declares that it is the best interests of the Town's citizens to accept the offered donations of an fiom Anadarko and Two Hunters Park, .LC, and that such donations will promote the health, safety and general welfare of the Town's citizens; and WHEREAS, the Board of Trustees further finds and declares the Peaceful Park enhances the quality of life to the community, that the Peaceful Parlc should be considered no different than other vital infrastructure of the Town, and that limiting use and development of the donated lands to a Peaceful Park, together with preserving the donated lands as a Peaceful Park for perpetual public use, to the extent practicable and financially feasible, ensures the Peaceful Park will provide an increased qualify of life to the Town's inhabitants and is therefore in the best interests of the Town's citizens. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The above Recitals and Findings of the Board of Trustees are hereby incorporated into this ordinance. Section 2. The Board of Trustees hereby accepts the donation of Lot 11 from Anadarko Petroleum Corporation. 2 Section 3. The Agreement of Purchase of Real Property ("Purchase Agreement") between the Town of Firestone and Anadarko Petroleum Corporation is hereby approved in the form substantially similar to the form attached hereto as Exhibit C and incorporated herein by this reference. Section 4. The Town Manager is hereby authorized to execute the Purchase Agreement on behalf of the Town and to correct, amend or revise the Purchase Agreement as he may deem advisable, in a manner satisfactory to the Town Attorney and consistent with this ordinance, to carry out the intentions of the Board. The Town Manager is further authorized to sign, execute and deliver any and all documents necessary to complete the transaction on behalf of the Town at closing and to effectuate the conveyance of the fee simple interest to the Town. Section 5. The Board of Trustees hereby accepts the donation of approximately 5,526 square feet, more or less, of Lot 12 and the grant of a recreational easement from Two Hunters Park, LLC, subject to the following condition: a. Approval by the Director of Planning and Development of a final subdivision plat, entitled "Oak Meadows P.U.D. Filing 2, Replat No. 1," subdividing Lot 12 to create a tract of land consisting of approximately 5,526 square feet, more or less, to be owned by the Town and a separate, smaller tract of land, consisting of approximately 932 square feet, more or less, to be owned by Two Hunters Park, LLC, which final plat shall provide, at a minimum, for the following: 1. one or more plat notes) restricting the use and disposal of the donated property in a manner consistent with this ordinance; 2. one or more plat notes) restricting the subdivision and conveyance of the tract of land to be retained by Two Hunters Park, LLC in a manner consistent with this ordinance; 3. a plat note indicating the donated property is subject to a blanket recreational easement, which terms and conditions of such easement are set forth in a separate instrument; and 4. the rededication of all necessary utility easements to serve the donated property. Section 6. The Gift Agreement between the Town of Firestone and Two Hunters Park, LLC is hereby approved in the form substantially similar to the form attached hereto as Exhibit B and is incorporated herein by this reference. Section 7. The Town Manager is hereby authorized to execute the Gift Agreement on behalf of the Town and to correct, amend or revise the Gift Agreement as he may deem advisable, in a manner satisfactory to the Town Attorney and consistent with this ordinance, to carry out the intentions of the Board. Upon the recordation of the Oak Meadows P.U.D. Filing 2, Replat No. 1 as approved and authorized in Section 5 above, the Town Manager is further authorized to sign, execute and deliver any and all documents necessary to complete the transaction on behalf of the Town at closing and to effectuate the conveyance of the fee simple interests to the Town. 3 CYA oo l Section 8. Upon the recordation of the Oak Meadows P.U.D. Filing 2, Replat No. 1 Final Plat, as approved and authorized in Section 5 above, those portions of all easements dedicated to the Town by the Oak Meadows P.U.D. Filing 2 Final Plat that are not shown on the Oak Meadows P.U.D. Filing 2, Replat No. 1 Final Plat are hereby and shall be vacated. The vacated easements will be replaced by the rededication of all necessary utility easements as accepted in Section 9 below. Section 9. The utility easements and all other easements designated for public use as shown upon the final plat of the Oak Meadows P.U.D. Filing 2, Replat No. 1, are hereby accepted by the Town of Firestone. Section 10. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 11. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCEDREA , ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 2020. ATTEST: OF F_IRESTONIY, COLORADO , Mayor AS TO FORM: William-frWyashi, Town Attorney