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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