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HomeMy WebLinkAboutR18-084 Open Space Funds - Minturn Boneyard rM e. Commissioner ' moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO e ¢ RESOLUTION NO.2018- U ( l APPROVAL OF THE USE OF OPEN SPACE FUNDS FOR TRANSACTION COSTS ASSOCIATED WITH THE PRESERVATION OF THE MINTURN BONEYARD PROPERTY LOCATED IN EAGLE COUNTY, COLORADO AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE DOCUMENTS ASSOCIATED WITH THE SAME WHEREAS, in 2013 Eagle County("County") and the Town of Minturn("Minturn") collaborated on the purchase of real property located at 1351 Highway 24, Minturn,Eagle County, Colorado known as the Minturn Boneyard Property("Property"); and WHEREAS, as a result of that collaboration,Minturn acquired the Property from the United States Department of Agriculture, Forest Service and intended to permanently preserve the Property within one year of closing, due to its proximity to the Eagle River and for habitat and passive recreation; and WHEREAS,more than one year has passed since Minturn acquired the Property but the goal remains to protect the Property through the recording of a conservation easement; and WHEREAS, Eagle Valley Land Trust has collaborated with Minturn and with support from the County received a transaction cost grant from Great Outdoors Colorado to help pay for the costs associated with finalizing a conservation easement; and WHEREAS, on July 9, 2018 the Eagle County Open Space Advisory Committee ("OSAC")recommended approval of the use of Eagle County Open Space Funds ("Open Space Funds") for the purpose of assisting with transaction costs to permanently preserve the Property through the recordation of a conservation easement; and WHEREAS, OSAC recommended that the Open Space Fund contribute no more than $15,000 to Minturn with the understanding that the Great Outdoors Colorado grant and$20,000 from Minturn will first be applied to offset the costs of the transaction; and WHEREAS,by this Resolution the Eagle County Board of County Commissioners ("Board") desires to approve OSAC's recommendation and authorize any commissioner to execute any documents associated with finalizing the conservation easement on the Property. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, Open Space Funds shall be used to fund not more than$15,000 of transaction costs associated with recording a conservation easement in a form acceptable to County against the Property; and THAT, Open Space Funds shall only be paid to Minturn after the Great Outdoors Colorado transaction cost grant and$20,000 from Minturn have been applied to offset the transaction costs; and THAT, the funds authorized by this Resolution shall be paid to Minturn only after receipt by County of an invoice with acceptable supporting detail; and THAT, transaction costs include,but are not limited to, Eagle Valley Land Trust stewardship fees and defense costs, title insurance,baseline reports,mineral remoteness report, appraisal costs and the like; and THAT,transaction costs do not include Minturn's attorney fees and costs associated with the transaction and Minturn will separately pay those costs. Minturn's attorney fees and costs are not included in the$20,000 identified above; THAT,the Board authorizes any Commissioner to execute on its behalf, any and all necessary documents, easements, instruments,papers or other forms necessary to preserve the Property and record a conservation easement against the same; and THAT, all documents associated with the preservation of the Property, as well as transaction costs to be paid by County, are subject to review and approval by the Eagle County Attorney's Office; and THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 22 of OM 142k4 ,2018. COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its GLE if '4:A.OARD OF COUNTY COMMISSIONERS ATTEST: �0oNIIIIi. * . 1/ -Q.$4t� OV9�u------' COLO By: Alef '� ,g_ l G' �' ,f�l�'C Clerk to the Board of Kathy Cha fi ler-He , , County Commissioners Cha' rh`I v7 A / ,Air- / /ian H. Ryan Co i missioner / 1 __ Ji nne McQueene , mmissioner Commissioner 12--/!40--,- seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry 4-LA " Commissioner Ryan 6-14 M Commissioner McQueeney 18-4.i This resolution passed by v vote of the Board of County Commissioners of the County of Eagle, State of Colorado