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HomeMy WebLinkAbout053 - 05/18/2010 - AUTHORIZING THE USE OF A PORTION OF BERNARD RANCH AS MATCH FOR A NEOTROPICAL MIGRATORY BIRD CONSERVA ORDINANCE NO. 053, 2010 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, in late March 2009, the City completed the purchase,of the last phase of a property referred to as Bernard Ranch, which is to the south of Soapstone Prairie Natural Area ("Soapstone"); and WHEREAS,in April 2009,the City Council adopted Ordinance No. 032,2009,authorizing the use of a 440-acre portion of Bernard Ranch as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the FWS; and WHEREAS,the City has worked cooperatively with the Rocky Mountain Bird Observatory ("RMBO") to carry out the terms of the 2008 and 2009 grant projects involving the study of neotropical birds,a category of bird species that includes high priority grassland birds found on the Soapstone; and WHEREAS, a different 660-acre portion of Bernard Ranch, as shown on Exhibit A which is 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, RMBO, together with other grant partners is continuing to study neotropical birds, and has applied for an additional grant of$240,026 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 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 1 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 ublished this 4th day of May, A.D. 2010, and to be presented for final passage on the 18th da f May, A.D. 2010. Mayor TTEST: ILL4e City Clerk Passed and adopted on final reading on the 18th d M A. 10. Mayor A TiT EST: City Clerk- Exhibit A : Page 1 of 1 Parcels used as match for 2010 Neotropical Migratory Bird grant Soapstone Prairie Natural Area jC. 2006 2007 �. a 2009 .� c� cQ cc Q) m 00 Red Mountain Open Space �o 2009 i r . Legend 1 - 243000 Q Bernard Ranch boundary 0 0 . 1 0 . 2 0 . 3 0 .4 0 . 5 ® Parcels used as match for Neotropical grant ( purchase dates noted on map) Miles Other parcels included in Bernard Ranch City of Surrounding Natural Areas properties / \ Fort Collins — Larimer County Open Lands N AreaeProgramAreasProgram!