4 - Consideration of a purchase of approx. 179 acres from the Inter Vivos Trust of Mary E. Shanahan for $6,609,000 CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: September 10, 2008
AGENDA TITLE: Consideration of the purchase of approximately 179 acres of land in
fee and all mineral rights owned by Seller located at 1019 South Foothills Highway on
the west side of Highway 93 together with 1 1/4 shares of the South Boulder and Bear
Creek Ditch Company from the Inter Vivos Trust of Mary E. Shanahan for $6,609,000,
for Open Space and Mountain Parks purposes.
PRESENTERS: Open Space and Mountain Parks
Michael D. Patton, Director
Ann Goodhart, Division Manager, Real Estate Services
EZECUTIVE SUMMARY:
The property is located at 1019 South Foothills Highway (Highway 93) on the west side,
just south of the Shanahan Ridge Subdivision at the entry into the city of Boulder. The
entire property is approximately 179 acres and is improved with a residence and a
number of older outbuildings. See Attachment C.
This purchase would secure the fee interest in 179 acres of land, all associated mineral
rights, the rights to develop two homes and 1 1/a share of South Boulder and Bear Creek
Ditch Company and other adjudicated water rights for $6,609,000. The purchase price
will be paid as $1,000,000 at closing and the remaining $5,609,000 payable in 20 annual
payments of $459,670.30 through a Boulder Municipal Property Authority lease purchase
agreement.
In 1985 the city purchased a development rights agreement from Tim and Maiy
Shanahan limiting the development of the property to two units and was also loosely
structured as a conservation easement. One of the units is not restricted in size, location
or number of buildings while the other unit is restricted in size and number of buildings
and is limited to aone-acre building envelope. The city spent $1,900,000 for these
development rights which included 1 1/z shares of the South Boulder and Bear Creek
Ditch Company. The Shanahans also donated a 15-foot strip of land for a trail along the
westerly boundary of their property. One of the Shanahan children lives at the ranch
with his family and has chosen to manage the property since the deaths of his parents,
while the other two children live out of state and wish to sell the property.
AGENDA ITEM # 4 PAGE 1
The city has been able to structure a fee purchase agreement with the Shanahan family
for $6,609,QOQ that would allow the one son to continue to live at the ranch and manage
the property for as long as he and his wife ~~vould like, subject to a temporary
conservation easement that would limit their rights during the life estate period. This life
estate is basically limited to agricultural uses and purposes and provides only for the
addition of a pole barn and a 500 square foot addition to the west side of the existing
residence. Also included in the purchase is a small triangular parcel located on the east
side of Highway 93 between Highway 93 and Marshall Road which is approximately 1/3
of an acre. Tim and Mary Shanahan are buried on the property and the Shanahan family
will retain the cemetery site with access to the site. The cemetery and pole barn location
are shown on Attachment D.
BACKGROUND
Development Rights Agreement in 1985
The Shanahan family has ranched the property for more than a century. It is one of
Boulder County's largest remaining family ranches. The Shanahan family patriarch
homesteaded the original ranch in 1863, and it has been in the family's ownership
continuously since that time. Originally, the ranch covered substantially more acreage
than the current holdings. Over the years, the family sold parts of the ranch, with some of
the sold lands becoming the South Table Mesa and Shanahan Ridge residential
neighborhoods that are now within the city and development rights to the city of Boulder
for open space purposes.
This property was designated as open space in the original acquisition plan in 1967.
Prior to the city's contract in 1985, Tim Shanahan entered into an option agreement with
El Dorado Country Club (EDCC) to sell a portion of his property for a golf course and
housing development. EDCC also planned to include the Boulder Greens Venture
property and Dover/Blacker family property totaling 318 additional acres and which are
now owned by the city. The city was able to negotiate a contract with Tim Shanahan for
the development rights on the portion of his property covered by the option agreement
with EDCC and the remaining Shanahan Ranch which was not subject of the EDCC
option agreement. If EDCC did not exercise its option (it had missed payments in the
past), then the city was ready to close on the Shanahan property. The city had also
obtained approval from city council to use its eminent domain powers in the event EDCC
exercised its option. Additionally the city obtained authority to condemn the adjoining
Boulder Greens Venture and Dover/Blacker properties. The sale of the Development
Rights by Mr. Shanahan was instrumental in defeating the plans to develop the golf
course community and opened the door to acquire all three properties totaling an
additional 497 acres adjacent to the city limits. At that time, the Shanahan property was
eligible for aNon-Urban Planned Unit Development which would have allowed a
maximum of 2 units per 35 acres for a total of 11 units.
The purposes for the acquisition of the development rights in 1985 were to preserve open
space for the scenic enjoyment of the general public; preserve an existing farming and
ranching area and use; protect the buffered area at the southern boundary of the
developed area of the city; and protect the entrance into the city. The development rights
AGENDA ITEM # 4 PAGE 2
agreement provided for an unrestricted building site at the farmstead and asize-restricted
site for a house of 2544 square feet plus a garage, a 1444 square foot shed, and a 544
square foot detached garage. The Shanahans conveyed the mineral rights to the city but
retained their oil and gas rights. Their retained fee property could be sold in two parcels
and would be subject to the city's development rights agreement.
It was the intent of the city to acquire as much of the property that it could, however, Mr.
Shanahan only wished to sell development rights and continue to ranch the property. At
that time, staff hoped the development rights agreement would provide an opportunity to
acquire more property rights in the future and keep the remainder of the ranch intact so
the agricultural heritage would continue to be preserved, thereby further protecting the
southwestern scenic entryway into the city of Boulder.
City and County Designations and Land Use
The Shanahan Ranch is in Area III and is classified as "Rural Preservation" land with
"Open Space" and "Natural Ecosystem Overlay" designations. The entire ranch is zoned
"Agriculture" within Boulder County with a "Floodplain Overlay" covering the
floodplain areas. The new South Boulder Creek Floodplain study confirms that the
northeast and southeast corners of the parcel are within the 140-year floodplain and the
area immediately proximate to the "Donut Lake" is within the Conveyance Hazard Zone.
At least a small portion of the one-acre building envelope is affected by the 144-year
floodplain. The vast majority of the property is outside of the 104-year floodplain. The
Boulder County Comprehensive Plan shows a "wet prairie" designation within the
Boulder IVlountain Park/'South Boulder Creek Environmental Conservation Area and the
Boulder Valley Comprehensive Plan indicates mapped wetland areas on the property.
The city and county have designated the land in the ranch's northeast corner as well as
the South Boulder and Bear Creek Ditch corridor, as being "significant agricultural lands
of local importance".
The wetland areas provide food and shelter for many animals and are the basis for
complex natural food chains. Agricultural lands of local importance are the county's
most valued agricultural lands. The small ponds and irrigation ditches provide wildlife
breeding and foraging habitats.
STAFF RECOMMENDATION:
Staff recommends that the Open Space Board of Trustees approve a motion
recommending that the Boulder City Council approve the purchase of approximately 179
acres of land in fee and all mineral rights, including oil and gas owned by Seller, located
at 1419 South Foothills Highway from the Inter Vivos Trust of Mary E. Shanahan for
Open Space and Mountain Parks purposes.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS:
• Environmental: The Open Space and Mountain Parks (OSMP) program is a
significant community-shared program that is recognized worldwide as a leader in
preservation of open space lands contributing to the environmental sustainability
goal of the City Council. The acquisition of the remainder of this property meets
AGENDA ITEM # 4 PAGE 3
several Charter goals and purposes for open space acquisition. This property is
unique in that it further preserves the agricultural heritage of the community and
further protects the scenic entry«~ay into the city.
• Economic: This purchase is a component of the OSMP Acquisition and
Management Plan, which contributes to council's economic vitality goals,
because it provides the physical context for the diverse and vibrant economic
system that sustains services for residents. This acquisition will support diversity
in economics by supporting local agriculture. The land system and the quality of
life it represents attract visitors and help businesses to recruit and retain quality
employees.
• Social: Because the Open Space land system is equally accessible to members of
all economic classes, it helps support council's community sustainability goal
because all residents "who live in Boulder can feel a part of and thrive in" this
aspect of their community. Historical agriculture will be sustained as part of this
acquisition in an area that has been designated in the Boulder ~jalley
Comprehensive Plan (BVCP) as a Significant Agricultural Lands of Statewide
Importance.
OTHER IMPACTS:
• Fiscal: The purchase price is $6,609,000 payable as follows: $1,000,000 down
payment at the time of closing. The balance of $5,609,000 shall be paid by
Boulder Municipal Property Authority (BMPA) executing a note and deed of trust
in the principal amount of $5,609,000 with an interest rate of 5 1/a% per annum in
20 annual payments of $459,670.30 each. (See Attachment A, Cashflow
spreadsheet.) The water rights acquired with this property are valued at $600,000.
The value of the improvements is nominal. The value of the land equates to
approximately $33,500.00 per acre. The per-acre land value takes into account the
existing development restrictions. These values are consistent with other Open
Space and private transactions in the area.
• Staff time: Normal staff time as required that is associated with a property
acquisition.
PUBLIC FEEDBACK:
This item is being heard at this public meeting, advertised in the Daily Camera on
September 7, 2008.
ANALYSIS:
The purchase price for the land and remaining development rights is $6,000,000. This
includes the Shanahans' remaining oil and gas rights. The negotiated purchase price is
based on an appraisal obtained ley the city in 2007. The land price is $33,519.55 per acre
which does take into account the existing development rights restrictions. These values
are consistent with other Open Space and private transactions within the Acquisition and
Management Plan areas.
The purchase price for the 1 1/a shares of the South Boulder and Bear Creek Ditch
company is $609,000. The valuation for these water rights represents a fair market
AGENDA ITEM # 4 PAGE 4
valuation given that the South Boulder and Bear Creek Ditch has a high water yield and
is one of the most senior ditches on South Boulder Creek. With an original appropriation
of May 25, 1862 for 16.6 cubic feet per second, the South Boulder and Bear Creek Ditch
is the number five priority on the stream, meaning that these shares reliability yield water
even in very dry years. There are also three ponds on the property, two of which have
adjudicated rights for domestic, stock watering, lawn and garden irrigation.
The purchase price will also include a small 1/3 acre triangular piece of property located
on the east side of Highway 93, between Highway 93 and Marshall Road. The
Shanahans have some interest in this remainder parcel and have agreed to include it in the
agreement.
This purchase does not include oil and gas rights reserved in Section 16 by the Colorado
State Land Board. (This Section 16 is distinct from the Section 16 southwest of Rocky
Flats.) Staff is currently working with the Land Board to obtain anon-development lease
on these mineral rights. This would not permanently protect against development of the
oil and gas rights, but the city does have an Oil and Gas Policy that could hinder the
extraction of the oil and gas if the city owns the fee. There is no lease with the Land
Board on these rights at this time, which could indicate that they have nominal
commercial value.
Tim and Mary Shanahan are buried on the Shanahan Ranch and the family will retain an
easement to use approximately 1/2 acre for family cemetery purposes and will have access
to the cemetery. The family members who are eligible for burial here are the children of
Tim and Mary, their spouses (the Shanahans); the Shanahans' children and their
respective spouses; and the Shanahans' grandchildren and their spouses.
The purchase will be subject to a reserved life estate to Lynn Shanahan and his wife,
Sandy Shanahan for as long as they reside on the land. The life estate is limited to
continuing the agricultural uses of the property and managing the property in its current
manner. The Shanahans may remodel the interior of the residence and maintain the
existing structures. They may add 544 square feet to the west side of the residence, and a
64 X 124 foot pole barn. There will be no public access to the property during the term
of the life estate. There will also be a conservation easement that will secure the terms of
the limited life estate which will provide for a baseline report and inspections by the city.
The purchase price for eliminating the two home site rights with associated outbuildings
seems very expensive, however, this is a very unique property being one of the largest
family held ranches adjacent to the city limits of Boulder, and the superior physical
features of the ponds and the irrigatable land and its scenic qualities. If these parcels
were to be sold to individual private parties it would impact the agricultural viability of
the property and certainly impact the scenic values at the southern entryway into the city.
The acquisition of the Shanahan Ranch meets several of the Charter goals and purposes
for open space preservation including:
AGENDA ITEM # 4 PAGE 5
Preservation of agricultural uses and land suitable for agricultural production.
Preservation of waxer resources in their natural or transition state, scenic areas or
vistas, wildlife liabitats, or fragile ecosytems.
Utilization of non-urban land
for spatial definition of urban areas.
Preservation of land
for its aesthetic or passive recreational value and its contribution
to the qualit~~ of life of the community.
Submitted by:
Michael D. Patton, Director
Ann Goodhat-t, Division Manager, Real Estate Services
ATTACHMENTS:
A. Cash Flow Chart
B. Vicinity Map.
C. Location Map
D. Pole Barn and Cemetery Location Map
E. Photo Gallery
AGENDA ITEM # 4 PAGE 6
Projected Open Space Cashflow 2008-2013
Shanahan
09!1012008
2007 2008 2009 2010 2011 2012 2013
PROJECTED SALES TAX GROWTH
1 Revised 2004-2009 FinanceProjections08127104: 3.61% 3.69% 3.69% 3.69% 3.69% 3.69% 3.69%
2 Actual 2004 Revenue and OSMP Projections thereafter 03!09!2005 2.44% 2.60% 2.48% 2.48% 3.69% 3.69% 3.fi9%
3 2006-2012 Sales Tax Forecast 0210812006 5.33% 4.12% 3.39% 3.42% 3.38% 3.38%
4 2007-2013 Sales Tax Forecast 0412012007 5.18% 3.89% 3.27% 3.20% 3.24% 3.20% 3.20%
5 BEGINNING FUND BALANCE $29,944,436 $'13,123,522 $9,888,422 $8,164,559 $7,671,379 $6,805,096 $9,527,866
SOURCES OF FUNDS
6 OS Sales Tax Revenue $21,757,790 $22 498,097 $23,234,578 $23,977,065 $24,754,227 $25,546,359 $26,364,884
7 OS Fund-InvestmentslLeaseslMisc. $1,602,105 $810,909 $810,909 $810,909 $810,909 $810,909 $810,909
8 Proceeds from RE sale (2nd ATB) $708,439
9 General Fund Transfer for Mountain Parks: $1,012,481 $1,057,324 $1,067,897 $1,078,576 $1,089,362 $1,100,256 $1,111,258
10 GeneralFund Appropriationfor Real Estate Services: $121,277 $129,715 $131,012 $132,322 $133,645 $134,982 $136,332
11 Debt Refunding $12,576,687
12 Lottery Fund Appropriationfor CIP Purposes: $365,332 $475,000 $475,000 $475,000 $475,000 $475,000
13 Unexpended Lottery Funds Carried Over from Previous Year $493,245
14 Grants $42,118
15 Total Annual Sources of Funds: $38,314,142 $24,861,377 $25,719,396 $26,473,872 $27,263,143 $28,067,506 $28,898,383
16 Total Sources of Funds Available: $68,258,578 $37,984,899 $35,607,818 $34,636,432 $34,934,522 $34,872,602 $36,426,249
USES OF FUNDS
17 Total Debt Service for Bonds&Notes:(pre-2008) $24,069,494 $10,949,852 $11,253,152 $11,237,115 $12,205,526 $9,326,'I11 $9,390,176
18 2008 Debt Commitments $564,245 $564,245 $564,245 $564,245 $564,245
19 Total Debt Service for Bonds & Notes: $24,069,494 $10,949,852 $11 ,817,398 $11,801,361 $12,769,772 $9,890,357 $9,954,422
20 Capital Available for Land Acquisitions & Preservation: $822,083 $3,400,000 $3,400,000 $3,400,000 $3,400,000 $3,400,000 $3,400,000
21 Property Acquisition - 2006 Bond $19,608,471
22 Unexpended Acquisition Funds Carried Over from Previous Year $1,651,931 $0 $0 $0 $0 $0
23 Capital Available for Land Acquisitions & Preservation: $20,430,554 $5,051,931 $3,400,000 $3,400,000 $3,400,000 $3,400,000 $3,400,000
24 Dagle property and water acquisition (anytime from 2008 to 2014} $525,000
25 Less Other 2007 Land AcquisitionlCommitments YTD $19,807,000 $0 $671,333 $671,333 $671,333 $0 $0
26 Less Other 2008 Land AcquisitionlCommitments YTD $2,540,000
27 Shanahan $1,000,000
28 Remaining Land Acquisition Capital Available: $623,554 $986,931 $2,728,667 $2,728,667 $2,728,667 $3,400,000 $3,400,000
29 Capital for Visitor Infrastructure: $236,312 $450,000 $450,000 $450,000 $450,000 $450,000 $450 000
30 Unexpended Visitor Infrastructure Funds Carried Over from Previous Year $223,358
31 Capital for Water Rights Acquisition: $1,200 $30,000 $200,000 $200,000 $200,000 $200,000 $200,000
32 Unexpended Water Rights Funds Carried Over from Previous Year $12,777
33 Capital for Mineral Rights Acquistion: $0 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000
34 Unexpended Mineral Rights Funds Carried Over from Previous Year $106,500
35 Lottery Capital Appropriation Available for MP Restoration: $127,9'I3 $365.332 $475,000 $475,000 $475.000 $475,000 $475,000
36 Total CIP Expenditures: $20,795,979 $6,339,898 $4,625,000 $4,625,000 $4,625,000 $4,625,000 $4,625 000
37 Management Operating Expenditures - OSMP Program: $9,170,881 $9,900,564 $10,093,401 $9,631,922 $9,824,561 $9,917,950 $10,116,309
38 Grant Expenditure $159,302
39 Management Operating Expenditures - RE Services: $121.277 $129.715 $131.012 $132.322 $133.645 $134.982 $136.332
40 SubTotalManagementOperatingExpenditures: $9,451,460 $10030,279 $10,224,413 $9,764,244 $9,958,206 $10,052,932 $10,252641
41 Administrative Budget Transfer-Cost Allocation: $734,774 $732,690 $730,502 $728,205 $725,792 $723,260 $720,600
42 Administative Budget Transfers -Health Benefit Subsidy: $41.675 $43,758 $45.946 $48.243 $50.656 $53.188 $55.848
43 Total Manayeinent Operating Expenditures: $10,227,908 $10,806,727 $11 000,861 $10,540,692 $10,734,654 $10,829,380 $11,029,089
44 Total Uses of Funds: $55,093,382 $28,096,477 $27,443,259 $26,967,053 $28,129,426 $25,344,736 $25,606,510
45 ENDING FUND BALANCE: $13,165,197 $9,888,422 $8,164,559 $7,671,379 $6,805,096 $9,527,866 $12,817,738
46 Less Reserves: $6,365,000 $6,365,000 $6,365,000 $6,365,000 $6,365,000 $6,365,000 $6,365 000
47 Less Reserve for 27th Pay Period $28,400 $56,800 $85,200 $113,600 $142,000 $170,400
48 UNRESTRICTED FUND BALANCE AFTER RESERVES: $6,771,797 $3,466,622 $1,714,359 $1,192,779 $298,096 $2,992,466 $6,-052,738
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