HomeMy WebLinkAboutR11-045 Seago Approval of Open Space FundsCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2011- q
APPROVAL OF THE USE OF OPEN SPACE FUNDS FOR THE ACQUISTION OF THE
SEAGO PROPERTY LOCATED AT 111 VIOLET LANE, EAGLE COUNTY,
COLORADO
WHEREAS, on or about February 1, 2011 the Eagle County Board of Commissioners
(hereinafter "Board ") approved a contract to buy and sell real estate for the property located at
111 Violet Lane, Eagle County, Colorado owned by Ralph and Sherri Seago (hereinafter the
" Seago Property "); and
WHEREAS, it is anticipated that approximately sixty -five percent (65 %) of the Seago
Property will be used as open space and the remainder will be used for future access and
construction of a right -of -way across the Seago Property to allow a secondary access to the Eagle
County Fairgrounds, or other non -open space uses at the discretion of the Board of County
Commissioners. The current proposed configuration for the Seago Property which illustrates the
sixty -five percent (65 %) open space is attached hereto as Exhibit A ; and
WHEREAS, on or about March 14, 2011 and April 11, 2011 the Eagle County Open
Space Advisory Committee, based upon its findings, recommended approval with conditions of
the use of Open Space Funds for the acquisition of that portion of the Seago Property that will be
used as open space; and
WHEREAS, the future access and right -of way may not be developed and constructed
for a number of years and, as a result, the precise amount of land needed for the access and right -
of -way is not precisely known; and
WHEREAS, at its regular public hearing on April 12, 2011, the Board considered the
funding request as well as associated plans, a presentation from staff, and the recommendation of
the Open Space Advisory Committee.
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 sixty -five percent (65 %) of the costs of
the acquisition (which costs shall include, but not be limited to, surveys, appraisals,
environmental testing, closing costs, title insurance and the like) of the Seago Property; and
THAT, in addition to the foregoing, and in keeping with the recommendation of the
Eagle County Open Space Advisory Committee an additional sum up to $45,000 of Open Space
Funds may be used toward the cleanup, grading, shaping and re- vegetation of those portions of
the Seago Property disturbed by salvage yard operations to a natural and self- sustaining
condition to include the use of soil amendments and temporary irrigation systems as determined
necessary by Eagle County staff; and
THAT, in the event that future improvements reduce the "functional open space" on the
Seago Property to less than 65% (approximately 4.6 acres) then the Open Space Fund shall be
reimbursed for the amount of open space lost to the right of way installation by calculating the
value of such property using the purchase price of $1,600,000 without interest or escalation
thereon. "Functional open space" is defined as lands in a natural or reclaimed condition that
would exist between a fairgrounds access road right of way and Brush Creek, and any lands in a
natural or reclaimed condition along the southern bank of the Eagle River that could be accessed
from lands west of the fairgrounds access road right of way. Installation of parking, pedestrian
paths or a bridge shall not be considered as reductions of functional open space; and
THAT, Eagle County staff is hereby directed to develop a memorandum of
understanding or other agreement with the Town of Eagle to establish (1) access to the western
stream bank of Brush Creek and the northern bank of the Eagle River downstream from the
confluence of Brush Creek and the Eagle River on property owned by the Town and adjacent to
the Seago Property; (2) long -term maintenance of the open space portion of the Seago Property;
and (3) a future improvement plan for the Property; and
THAT, a separate resolution will be considered by the Board of County Commissioners
concerning use of general funds or capital improvement project funds for the remainder of the
purchase.
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MOVED AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 10 day of , 2011.
ATTEST:
' B
* y:
Clerk to the Bo• rd of tbto�p
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
Peter F. Runyon
Commissioner
Sara J. Fisher
Commissioner
Commissioner �7 seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Stavney
Commissioner Runyon
Commissioner Fisher
This resolution passed by
/A--- /
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�< vote of the Board of County Commissioners.
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SEAGO PROPERTY / OPEN SPACE
EAGLE COUNTY
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ENGINEERING DEPARTMENT
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PO BOX 850 500 BROADWAY
f 1 ��'f�•
EAGLE
PHONE 970 28 560 FAX 970.M 8789
E.�GI.fCOUNTY
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