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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 -2 Passed and adopted on final reading on the 21st day of ril, D. 2009. ayor A` ITST:1 City.Clerk -3- Attachment 1: Bernard Ranch Location a Page 1 of 1 Red Mountain Soapstone Prairie Natural Area Open Space L - I Wire Draw Conservation Meadow Springs Ranch Easement c�' I� f Bernard Ran 'goo 4r _2 lP�d r Ci7 - a ,Fait�SF — 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