HomeMy WebLinkAbout037 - 04/01/2008 - AUTHORIZING THE USE OF THE ZIMMERMAN CONSERVATION EASEMENT AS MATCH FOR A NEOTROPICAL MIGRATORY BIRD ORDINANCE NO. 037, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE USE OF THE ZIMMERMAN CONSERVATION
EASEMENT AS MATCH FOR A NEOTROPICAL
MIGRATORY BIRD CONSERVATION ACT GRANT ADMINISTERED
BY THE U.S. FISH AND WILDLIFE SERVICE
WHEREAS,the City purchased a conservation easement on the Zimmerman Property to the
south of Soapstone Prairie Natural Area("Soapstone")in January,2008,at the cost of$900,000;and
WHEREAS, the Zimmerman Property consists of 1,140 acres and is more particularly
described as:
The E %2 of the NE '/< of Section 11, Township 11 North, Range 69 West of the 6'
P.M., County of Latimer, State of Colorado, Less that parcel as conveyed by Deed
recorded September 28, 2007 at Reception No. 2007074240, and
All Section 12, Township 11 North, Range 69 West of the 6' P.M., County of
Larimer, State of Colorado, and
The W '/2 and the W %2 of the E '/2 of Section 7, Township 1 I North, Range 68 West
of the 61' P.M., County of Latimer, State of Colorado; and
WHEREAS, the Rocky Mountain Bird Observatory ("RMBO"), together with other grant
partners, is conducting a study of neotropical birds, a category of bird species that includes high
priority grassland birds found on Soapstone; and
WHEREAS, RMBO has applied for a grant of$25,000 from the United State Fish and
Wildlife Service("FWS"), which RMBO hopes to use to continue its neotropical bird study as part
of the Laramie Foothills Mountain to Plains Project, which includes Soapstone, and in other
geographical areas that the birds inhabit; and
WHEREAS,the FWS grant terms will require RMBO to match the grant funds awarded;and
WHEREAS,the funds already expended by the City to purchase the conservation easement
on the Zimmerman Property may be used to match the grant funds awarded by FWS to RMBO;and
WHEREAS,in order to commit the conservation easement as the matching contribution for
the FWS grant, FWS will require that the City record a Notice of Grant Requirements applicable to
the conservation easement in the real property records of the Latimer County Clerk and Recorder;
and
WHEREAS, the Notice of Grant Requirements requires the City to be bound by the terms
of the grant agreement between FWS and RMBO, including the obligation to ensure the long term
conservation of the Zimmerman Property and to obtain the consent of the FWS prior to conveying
or encumbering the conservation easement interest on the Zimmerman Property; and
WHEREAS,the City will enter into an agreement with RMBO requiring RMBO to comply
with the terms of the grant agreement between FWS and RMBO; and
WHEREAS, the data acquired from the study will allow City staff to more effectively form
conservation strategies and manage 28 high priority grassland birds that migrate to Soapstone; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to sell or otherwise dispose of any and all interests in real property owned in the name
of the City, provided that Council first finds by ordinance that the sale or disposition is in the best
interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that executing and recording the Notice of Grant
Requirements as described herein is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute a Notice of Grant
Requirements consistent with the terms of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2008, and to be presented for final passage on the ay of April, A.D. 2 8.
J
May r
ATTEST:
City Clerk
Passed and adopted on final reading on the 1st day of A ' A.D. 2008.
1000,
Mayo
I�TTEST:
City Clerk