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HomeMy WebLinkAboutR11-089 East Lake Creek Purchase Appropriation ApprovalCommissioner Amoved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011- tq RESOLUTION APPROVING APPROPRIATION FOR THE PURCHASE OF APPROXIMATELY 160 ACES OF EAST LAKE CREEK RANCH PROPERTY, EAGLE COUNTY, COLORADO FROM EAST LAKE CREEK RANCH, LLP, AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE CLOSING OF THE PURCHASE WHEREAS, the Board of County Commissioners of Eagle County, Colorado ( "Board ") conditionally approved a contract to purchase approximately 160 acres of land adjacent to the Homestead Subdivision in Eagle County, Colorado owned by East Lake Creek Ranch, LLP (hereinafter the "Property "); and WHEREAS, the Property is more fully described in Exhibit A which is attached hereto and incorporated herein by reference; and WHEREAS, on or about May 9, 2011 and June 13, 2011, the Eagle County Open Space Advisory Committee made findings and recommended approval of the use of Open Space Funds for the acquisition of the Property; and WHEREAS, at its regular public meeting on June 28, 2011, a hearing was held and the Board considered the funding request, a presentation from staff, and the recommendation of the Open Space Advisory Committee; and WHEREAS, the Board authorized the use of Open Space Funds for the acquisition of the Property; and WHEREAS, the Board is working with the Eagle Valley Land Trust ( "EVLT ") on a conservation easement to permanently conserve the Property and with Homestead Owners Association and Creamery Ranch Homeowners Association on access and conservation easements for adjacent lands, as well as maintenance agreement(s) for the Property (hereinafter collectively the "Conservation Efforts "); and WHEREAS, the Conservation Efforts are anticipated to occur shortly after closing on the purchase of the Property; and WHEREAS, the Board may use general funds, Open Space Funds or some combination thereof to fund the purchase of the Property. To the extent that any general funds are used to fund any portion of the purchase of the Property, the general fund will be reimbursed from Open Space Funds at such time as the Board, in its sole discretion, deems it proper. It is anticipated that general funds will be used to purchase the Property and at such time as the documents associated with the Conservation Efforts are signed and in place, the general fund will be reimbursed from Open Space Funds. Notwithstanding the foregoing, the Board may waive any of the matters identified herein and be reimbursed from Open Space Funds at its election. WHEREAS, the purchase price for the Property is $3,250,000; and WHEREAS, the costs of acquiring the Property include, but are not limited to, purchase price, surveys, appraisals, environmental testing, closing costs, title insurance and the like; and WHEREAS, closing is currently scheduled for September 1, 2011 and it is important to ensure that any of the County Commissioners have the authority to execute all documents associated with the purchase of the Property so that a timely closing can occur. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby approves, appropriates and authorizes the use of general funds and/ or Open Space Funds to fund the cost of acquisition (which costs shall include, but not be limited to, purchase price, surveys, appraisals, environmental testing, closing costs, title insurance and the like) of the Property. THAT, this Resolution shall be deemed to satisfy any funding and appropriation requirements under the contract to purchase the Property. THAT, the Board authorizes any Commissioner to execute on its behalf any and all necessary documents, instruments, papers or other forms necessary for the consummation of the purchase of the Property. Such documents may include, but shall not be limited to, the closing authorization and instructions, settlement statements, as well as any other necessary documents which in the opinion of staff are required or desirable. 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. f f rest of page intentionally left blank]] 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 2011. County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMT.4.41 Peter F. Runyon Commi sinner Sara I Fisher Commissioner Commissione 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 the County of Eagle, State of Colorado. vote of the Board of County Commissioners of i Legal Description Section 8, Township 5 South, Range 82 West 6th P.M.: NEl /4 SWl /4; WI/2 NE I/4; and NWl /4 SE114, County of Eagle, State of Colorado 994497.2 Exhibit A