HomeMy WebLinkAbout032 - 04/21/2009 - AUTHORIZING THE USE OF A PORTION OF BERNARD RANCH AS MATCH FOR A NEOTROPICAL MIGRATORY BIRD CONSERVA ORDINANCE NO. 032, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE USE OF A PORTION OF BERNARD RANCH
AS MATCH FOR A NEOTROPICAL MIGRATORY BIRD CONSERVATION
ACT GRANT ADMINISTERED BY THE U.S. FISH AND WILDLIFE SERVICE
WHEREAS,in March 2008,the City Council adopted Ordinance No.037,2008,authorizing
the use of the City's Zimmerman Conservation Easement as a matching contribution for a
Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife
Service ("FWS"); and
WHEREAS, pursuant to Ordinance No. 037, 2008,the City has worked cooperatively with
the Rocky Mountain Bird Observatory ("RMBO") to carry out the terms of the 2008 grant project
involving the study of neotropical birds, a category of bird species that includes high priority
grassland birds found on the Soapstone Prairie Natural Area ("Soapstone"); and
WHEREAS, in late March 2009, the City purchased a 880-acre property referred to as
Bernard Ranch Phase Two to the south of Soapstone in March 2009, at the cost of approximately
$946,000; and
WHEREAS, a 440-acre portion of Bernard Ranch Phase Two as shown on Exhibit A,
attached hereto and incorporated herein by this reference(the"Property"),has been identified as an
appropriate area to be conserved as habitat for neotropical birds in the region; and
WHEREAS,the Property is more particularly described as a 440-acre portion of the South 1/2
of the Southeast 1/4 of Section 10; the Southl/2 of the Southwest 1/4 of Section 11; the Northwest
1/4 of Section 14; and the Northeast 1/4 of Section 15; all in Township 11 North, Range 69 West,
6`h P.M., Larimer County, Colorado; and
WHEREAS, RMBO, together with other grant partners, is continuing to study neotropical
birds, and has applied for a grant of$244,351 from 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 Property may be used
to match the grant funds awarded by FWS to RMBO; and
WHEREAS,in order to commit the Property as the matching contribution for the FWS grant,
FWS will require that the City record a Notice of Grant Requirements in the real property records
of the Larimer County Clerk and Recorder for the Property; 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 Property and to obtain the consent of the FWS prior to conveying or
encumbering the 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 high priority grassland birds that are found at Soapstone; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the City 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 24th day of
March, A.D. 2009, and to be presented for final passage on the s day of April, A.D. 2009.
Mayor(,/,
ATTEST: ,
LA
=City Clerk
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Passed and adopted on final reading on the 21st day of ril, D. 2009.
ayor
A` ITST:1
City.Clerk
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Attachment 1: Bernard Ranch Location a Page 1 of 1
Red Mountain Soapstone Prairie Natural Area
Open Space
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I Wire Draw
Conservation Meadow Springs Ranch
Easement
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— City of Fort Collins Natural Area Conservation Easement O Bernard Ranch .0
0 0.5 1 n. 1.5 2 Miles
— City of Fort Collins Utilities - Larimer County Open Lands ��� Portion of property to be encumbered with easement I 4 I I I