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HomeMy WebLinkAboutR12-111 Eagle Valley Land Exchange Approval of Open Space Funds Commissioner Si a moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012- 1 APPROVAL OF THE USE OF OPEN SPACE FUNDS FOR EXPENDITURES ASSOCIATED WITH THE EAGLE VALLEY LAND EXCHANGE WHEREAS, the White River National Forest — Eagle /Holy Cross Ranger District initiated a multi -party land exchange involving Eagle County, the Colorado State Land Board, the Upper Eagle Regional Water Authority, and the United State Forest Service ( "USFS ")(hereinafter referred to as the "Eagle Valley Land Exchange" or the "Land Exchange "); and WHEREAS, the Eagle Valley Land Exchange will result in the transfer of two National Forest parcels of land to the Town of Avon: the West Avon Parcel, containing approximately 478.09 acres within the Town of Avon; and the Forest Service Village Parcel, containing approximately 85.99 acres in Eagle County; and WHEREAS, the Eagle Valley Land Exchange will result in the transfer of one parcel of land in Eagle County to Eagle County: the Cordillera Parcel, containing approximately 167.95 acres; and WHEREAS, the Eagle Valley Land Exchange will result in the transfer of three properties in Eagle County to the United States of America: the North Edwards Parcel, containing approximately 640 acres; the Beard Creek Parcel, containing approximately 5 acres; and the Nottingham- Dickson Creek Parcel, containing approximately 183.125 acres; and WHEREAS, the Eagle Valley Land Exchange will result in the transfer of one USFS parcel of land in Eagle County to the Colorado State Land Board ( "SLB "): the CDOT Relocation Parcel, containing approximately 7.479 acres; and WHEREAS, the Eagle Valley Land Exchange will result in the transfer of four USFS parcels of land in Eagle County to the Upper Eagle Regional Water Authority (the "Water Authority "): the CVC Water Tank Parcel, containing approximately 5 acres; the Mountain Star Water Tank Parcel, containing approximately 5 acres; the Red Sandstone /Vail Water Parcel A, containing approximately 3 acres; and the Red Sandstone /Vail Water Parcel B, containing approximately 3 acres; and 1 WHEREAS the total land area reserved through the Eagle Valley g g y Land Exchange is 1,555.16 acres; and WHEREAS, the SLB, the Water Authority, Eagle County and the United States of America have agreed to the terms of a land exchange agreement (the "Land Exchange Agreement "), setting forth the agreed upon exchange of the parcels described herein above; and WHEREAS, the Town of Avon has committed to convey a conservation easement to the Eagle Valley Land Trust ( "EVLT ") on the West Avon Parcel immediately following the closing of the Eagle Valley Land Exchange; and to convey to EVLT a conservation easement on the Forest Service Village Parcel in accordance with an intergovernmental agreement between the Town of Avon and Eagle County; and Eagle County has committed to convey to EVLT a conservation easement on the Cordillera Parcel subsequent to the closing of the Eagle Valley Land Exchange, and in no case later than October 31, 2013 (hereinafter collectively the "Conservation Efforts "); and WHEREAS, on or about November 10, 2008, the Eagle County Open Space Advisory Committee made findings and recommended approval of the use of $389,925 of Open Space Funds to be used for expenditures associated with the Eagle Valley Land Exchange, which recommendation was approved by the Board; and WHEREAS, on or about September 10, 2012, the Eagle County Open Space Advisory Committee made findings and recommended approval of the use of up to an additional $5.3 million of Open Space Funds to be used for expenditures associated with the Eagle Valley Land Exchange; and WHEREAS, the expenditures associated with the Eagle Valley Land Exchange include, but are not limited to, the purchase price of the parcels of land and associated acquisition costs, surveys, appraisals, environmental testing, closing costs, title insurance, third -party consultant kp fees, costs associated with the Conservation Efforts and the like; and WHEREAS, at its regular public hearing on October 30, 2012, the Board considered the September 2012 funding request, 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, the Board hereby approves and ratifies the use of $398,925 of Open Space Funds to be used for expenditures associated with the Eagle Valley Land Exchange (which expenditures shall include, but not be limited to, acquisition costs associated with the parcels of land involved in the exchange, surveys, appraisals, environmental testing, closing costs, title 2 insurance, third -party consultant fees, costs associated with the Conservation Efforts and the like); and THAT, Open Space Funds in an additional amount of up to $5.3 million may be used for expenditures associated with the Eagle Valley Land Exchange (which expenditures shall include, but not be limited to, the purchase price of the parcels of land involved in the exchange and associated acquisition costs, surveys, appraisals, environmental testing, closing costs, title insurance, third -party consultant fees, costs associated with the Conservation Efforts and the like); and THAT, a separate resolution appropriating the funds for the Eagle Valley Land Exchange and authorizing any commissioner to sign the Eagle Valley Land Exchange Agreement and all other associated and necessary documents to consummate the Eagle Valley Land Exchange and to effectuate the closing of the Eagle Valley Land Exchange is also being considered by the Board at its regular public hearing on October 30, 2012; 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 Eagle County, State of Colorado. [rest of page intentionally left blank] 3 MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of October, 2012. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its of �, BOARD OF COUNTY CO MISSIONERS ATTEST: . . 15 t 11 s 1, / :o p , Clerk to the Boar of Pete - Runyon I County Commissioners C , airm. , J e vi k- r ��, ` Al , r Jon 17, ey -...iik Co 1 ioner �Ii 1._, A IL _' _ Sara J. Fisher Commissioner 1 Commissioner '`�� 14L seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon K Commissioner Stavney I 7 1 Commissioner Fisher / - passed by ! This resolution vote of the Board of County p Y Commissioners. i 4