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HomeMy WebLinkAboutR07-042 Bair Ranch Conservation Easement ~' Commissionerll.uu'1 (.(.J moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007-~"V' RESOLUTION APPROVING ALLOCATION OF MONEYS FROM OPEN SPACE FUNDS TO PERMANENTLY FUND MONITORING OF BAIR RANCH CONSERVATION EASEMENT WHEREAS, Eagle County (the "County") and the Eagle Valley Land Trust (the "Trust") are co-holders of a conservation easement (the "Easement") on property known as the Bair Ranch (the "Ranch") that was acquired with earmarked Open Space funds (the "Funds"); and WHEREAS, monitoring of compliance by the owner of the underlying estate in the Ranch with the terms of the Easement is conducted by the Trust on behalf of itself and the County and requires annual expenditures that heretofore have been funded on a year by year basis out of the Funds; and WHEREAS, the Trust and the County have concluded that it would be appropriate for the County to authorize a one-time payment out of the Funds to the Trust to permanently fund the cost of such annual monitoring by the Trust and preparation by the Trust of the Annual Easement Monitoring Report (the "Report") on the Ranch; and WHEREAS, the Trust has determined, and the County has agreed, that the sum of Thirty- five Thousand, Seven Hundred aDd Sixty-seven Dollars and Sixty Cents ($35, 767.60) is the appropriate amount of Funds to transfer to the Trust for such purposes; and WHEREAS, the Trust has agreed to perform such monitoring in perpetuity in fulfillment of the terms of the Easement, to prepare the annual Report and to provide the County Attorney with a copy of the annual Report for transmission to the Board of County Commissioners; and WHEREAS, the County Attorney has determined that such allocation of Funds is in accordance with the provisions of County Resolution No. 2003-97 establishing the Eagle County Open Space Program with funding approved by the voters of Eagle County on November 5, 2002, establishing an Open Space Tax to provide earmarked funding for the purpose acquiring, maintaining or permanently preserving Open Space in Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the sum of Thirty-five Thousand, Seven Hundred and Sixty-seven Dollars and Sixty Cents ($35, 767.60) of Open Space Funds be transferred to the Trust to be held and administered and utilized by the Trust in fulfillment of the monitoring requirements of the Easement; and THAT, the Board of County Commissioners 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, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this ~day of ~ 2007. Arn M. Menconi, Chairman By: _~/11L Q h:c,!.~ s~~ B~' Peter F. Runyon, Commissioner Commissioner B 5~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Arn M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon ~~ A "'l" A~"" This Resolution passed by ~ J 6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.