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HomeMy WebLinkAboutR20-093 Use of Open Space Funds for Mulroy Ranch DocuSign Envelope ID:7E816D8D-8269-4525-9815-Al2B0075FDB9 Commissioner Schen moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2020-093 RESOLUTION APPROVING THE USE OF OPEN SPACE FUNDS FOR TRANSACTION COSTS ASSOCIATED WITH THE PRESERVATION OF THE MULROY RANCH LOCATED IN EAGLE COUNTY, COLORADO AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE DOCUMENTS ASSOCIATED WITH THE SAME WHEREAS, Mulroy Ranch LLC, as the owner of the 1,868 acre property at 9206 Trough Road (Eagle County Assessor Parcel No. 169110100001) (the "Property") in Eagle County, Colorado, has agreed to place a conservation easement on the Property; and WHEREAS, the Eagle County Open Space Program was created to acquire and protect outstanding natural lands, wildlife habitat, historic ranches and scenic areas; and WHEREAS, the Property possesses characteristics consistent with Eagle County Open Space Selection Criteria including critical wildlife habitat, riparian habitat, agricultural heritage and scenic landscapes that are important to conserve for current and future generations of Eagle County; and WHEREAS, Eagle County, Eagle Valley Land Trust ("EVLT") and Mulroy Ranch LLC will work together in support of the effort to preserve the Property; and WHEREAS, Mulroy Ranch,LLC will donate the conservation easement to EVLT and will own and manage the Property at its expense; and WHEREAS, EVLT has agreed to hold the conservation easement on the Property and to be responsible for long-term monitoring which will ensure the permanent protection of the Property's conservation values; and WHEREAS, Eagle County supports the transaction which is comprised of the preservation of the Property through a conservation easement; and WHEREAS, on November 9, 2020 the Eagle County Open Space Advisory Committee ("OSAC") voted unanimously to recommend that the Board of County Commissioners of Eagle County,Colorado("Board")fund ninety-nine thousand, nine-hundred, fifty-two dollars($99,952) towards the transaction costs to permanently preserve the Property through the recordation of a DocuSign Envelope ID:7E816D8D-8269-4525-9615-Al2B0075FDB9 conservation easement with the understanding that a funding agreement setting forth the details and requirements for funding the transaction be executed before closing; and WHEREAS, in anticipation of Mulroy Ranch,LLC granting the conservation easement on the Property to EVLT, the Board has heard the OSAC recommendation and desires to ratify and approve the use of Open Space Funds to fund a portion of the transaction costs for the conservation easement on the Property to be granted to EVLT; and WHEREAS, the Board will authorize any commissioner to execute any documents associated with finalizing the conservation easement on the Property, if any. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board ratifies and authorizes the use of Open Space Funds to in the amount of ninety-nine thousand, nine-hundred, fifty-two dollars ($99,952) to fund a portion of the transaction costs associated with the conservation easement; and THAT,the funds authorized by this Resolution shall be paid to EVLT only after receipt by County of an invoice with acceptable supporting detail; and THAT, transaction costs include, but are not limited to, EVLT stewardship fees and defense costs, title insurance, baseline reports, mineral remoteness report, appraisal costs, closing costs and the like; and THAT, transaction costs do not include landowner attorney fees and costs associated with the transaction and the landowner will separately pay those costs. The landowner's attorney fees and costs are not included in the $99,952 identified above; and THAT, subject to satisfaction of any due diligence and execution of a funding agreement with EVLT, setting forth the details for funding the transaction in a form acceptable to Eagle County no later than December 31, 2020, Open Space Funds in an amount up to $99,952 shall be used for costs associated with completion of the preservation of the Property through a conservation easement; and THAT, the Board authorizes any of the Eagle County Commissioners to execute on its behalf any and all necessary documents, deeds, instruments, closing documents, 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. DocuSign Envelope ID:7E816D8D-8269-4525-9B15-Al2B0075FDB9 MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held November 17th , 2020. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its moE OGLE c-_-\\ BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: ) �y�y / p--DocuSigned by: ,..F24.4au.. �nfORP� By. �"""^"""""` Clerk to the Board of K tli 'elfaifeffef Henry County Commissioners Chair —DocuSigned by: Jeanne 9vlcyue7enF ey Commissioner r—DocuSigned by: 114241. S(lair lO > 7 18EO473 Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado