HomeMy WebLinkAboutR12-061 Authorizing Open Space Funds to Reimburse General Fund • Commissioner 01 14 -mil / L `1noved adoption of the following Resolution: g ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012- O (0 1 RESOLUTION AUTHORIZING THE USE OF OPEN SPACE FUNDS TO REIMBURSE THE GENERAL FUND FOR THE ACQUISITION OF THE APPROXIMATELY 160 ACRE "HOMESTEAD L" PROPERTY WHEREAS, the Eagle County Board of Commissioners (hereinafter "Board ") acquired approximately 160 acres of property located adjacent to the Homestead Subdivision in Eagle County, Colorado previously owned by East Lake Creek Ranch, LLP (hereinafter the "Property" or "Homestead L "); 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 hearing on Jurte 28,2011, the Board considered the funding request, a presentation from staff, and the reoommendalip% of the Open Space Advisory Committee; and WHEREAS, by Resolution No 2011 -89 the Board acknoMedged that it was working with the Eagle Valley Land Trust ( "EVLT ") on a conservation easement and related documents to permanently preserve the Property; and with the Homestead Owners Association, Inc., Creamery Ranch Homeowner Association, Inc. and Edwards Metropolitan District on various trail and conservation easements for certain adjacent or nearby lands, as well as maintenance agreements for the Property and trails (hereinafter collectively the "Conservation Efforts "); and WHEREAS, by Resolution No. 2011 -89 the Board approved the use of General Funds and/or Open Space Funds to fund the cost of acquisition of the Property; and WHEREAS, Resolution No. 2011 -89 provided that "[t]o 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 "; and WHEREAS, the Property was acquired by the County on September 1, 2011 using • General Funds; and WHEREAS, the County, Eagle Valley Land Trust, Homestead Owners Association, Inc., Creametry Ranch Homeowners Association, Inc. and Edwards Metropolitan District have 1111 finalized their Conservation Efforts. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: 'WHAT, upon execution of the documents associated with the Conservation Efforts by all parties, Open Space Funds will be used to reimburse the General Fund for costs of the acquisition of the Property. HAT, the Board of County Commissioners finds, determines and declares that this Resolut on is necessary for the public health, safety and welfare of the citizens of Eagle County, State o Colorado. MOVE AND ADOPTED by the Board of County Commissioners of the County of Eagle, State o Colorado, at its regular meeting held the 1- day of j U! 4 u , 2012. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS "piste • ATTES • O� `, 4 P . By. 5/ dor Clerk to the Board of County `' Peter F. Runyon Commi . ioners ai .n Jo Sta ney C •-• issioner A it 401 Sara J. Fisher f Commissioner • • Commissioner M s - seconded adoption of the foregoing resolution. The roll having called, the vote was as follows: Commissioner Runyon A y Commissioner Stavney ti Commissioner Fisher ti This resolution passed by / vote of the Board of County Commissioners. • • • I I I • i • I