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HomeMy WebLinkAbout079 - 06/18/2013 - AUTHORIZING THE USE OF THE NOONAN TRACT AND THE BOWES HOMESTEAD TRACT AS MATCH FOR A NEOTROPICAL MIG ORDINANCE NO. 079, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE USE OF THE NOONAN TRACT AND THE BOWES HOMESTEAD TRACT 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 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, in May,2010,the City Council adopted Ordinance No. 053,2010,authorizing the use of a different 660-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 terns of the previous grant projects involving the study of neotropical birds, a category of bird species that includes high priority grassland birds found on Soapstone Prairie Natural Area; and WHEREAS, two recent additions to Soapstone Prairie known as the Noonan tract and the Bowes Homestead tract,as shown on Exhibit"A",attached and incorporated herein by this reference (collectively,the"Property"),have 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$200,000 from FWS; and WHEREAS,RMBO hopes to use this new grant 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 orderto commit the Property as the matching contribution forthe 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's consent to these restrictions on its property constitutes an encumbrance on the City's real property; and WHEREAS, the City will also 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 the City Council first finds, by ordinance, that such 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 use of the Noonan and Bowes Homestead tracts as a match towards a U.S. Fish and Wildlife Service Grant to the Rocky Mountain Bird Observatory, including execution and recording of a Notice of Grant Requirements as described herein, is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute a Notice of Grant Requirements consistent with the terms of this Ordinance, along with such other terms and conditions as the City Manager,in consultation with the City Attorney,determines are necessary or appropriate to protect the best interests of the City, including, but not limited to, any necessary changes to the legal description of the Property to be encumbered, as long as such changes do not materially increase the size or change the character of the Property. Introduced,considered favorably on first reading,and ordered published this 4th day of June, A.D. 2013, and to be presented for final passage on the 18th day of June, A.D. 2013. 0ou'Do Ma or ATTEST:City Clerk -2- Passed and adopted on final reading on the 18th day of June, A.D. 2013. ftT COMayor Pro Tern x ... ...z</ O' ';UN ••• p City Clerk 'COLORP� -3- EXHIBIT A Legal Descriptions Noonan Tract: The South One-half of the Southeast Quarter of Section 11, Township 1 I North, Range 69 West of the 61h P.M., Latimer County, State of Colorado. Bowes Homestead Tract: The El/2 of the NE '/<, the N 1/2 of the SE '/ and the NE Y< of the SW 1/4 of Section 24, Township 1 1 North, Range 69 West of the 61h P.M., County of Larimer, State of Colorado.