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HomeMy WebLinkAboutR04-058 Berry Creek Miller Ranch PUD Permanent Preservation Open Space Program $7 >/n 411 II II II II II II II I I 11 Page: 1 of 06/02/20 2 04 03:07P Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 Commissioner �,/ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004-66 RESOLUTION DESIGNATING TRACT I AND TRACT J, OF THE BERRY CREEK/MILLER RANCH PLANNED UNIT DEVELOPMENT FOR PERMANENT PRESERVATION IN THE EAGLE COUNTY OPEN SPACE PROGRAM AND ALLOCATING FUNDS FROM THE OPEN SPACE TAX FOR MAINTENANCE OF TRACT I AND TRACT J WHEREAS, on November 5, 2002, the voters of Eagle County approved County Ballot Referendum 1H which provides for an increase in county taxes (herein referred to as the "Open Space Tax ") to establish earmarked funding for the purpose of acquiring, maintaining, or permanently preserving Open Space in Eagle County; and WHEREAS, on February 3, 2004, a resolution (Resolution No. 2004 -015) approving the amendment and restatement of Resolution No. 2003 -97, providing for the establishment of the Eagle County Open Space Program, Citizens' Open Space Advisory Committee and Eagle County Open Space Fund was adopted by the Board of County Commissioners, County of Eagle, State of Colorado; and WHEREAS, Referendum 1H provides that all proceeds of the Open Space Tax and investment income thereon shall be expended by the Eagle County Commissioners (hereinafter referred to as the "Board ") for open space preservation purposes after considering the recommendations of a Citizens' Advisory Committee; and WHEREAS, Section 1(B)(3) of Resolution No. 2004 -015 provides that lands, conservation easements or other interests in land which are designated by the Board for permanent preservation in the Open Space Program shall remain in the Program in perpetuity; and WHEREAS, on April 26, 2004, the Citizens' Open Space Advisory Committee reviewed a request for funding for long term maintenance and for the preservation in perpetuity of Tract I and Tract J, Berry Creek/Miller Ranch Planned Unit Development (hereinafter referred to as "Tract I and Tract J ") and pursuant to Referendum 1H, the Citizens' Open Space Advisory Committee made their recommendation to the Board; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on May 11, 2004, in which the Board considered exhibits, documents, comments and a report from the Eagle County Department of Community Development, comments of public officials, the recommendation of the Citizens' Open Space Advisory Committee, and comments from all interested parties. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Tract I and Tract J are designated by the Board for permanent preservation in the Eagle County Open Space Program. THAT, the sum of $2,500.00 is allocated annually from the Open Space Fund for maintenance and future improvements to Tract I and Tract J. THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of Count ommissioners of the County of Eagle, State of Colorado, at its regular meeting held this _ ay of May, 2004. ATTEST: Clerk to the B'o; Commissioners ~1~ ~ Ii~`3~ ~ ~ A i~~~~~ ~ ~3J93 rn~zA r rd of County COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By G Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote wa as follows: Commissioner Stone Commissioner Gallagher Commissioner Menconi This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado.