HomeMy WebLinkAboutR12-112 Eagle Valley Land Exchange Approving Necessary Documents and Expenditures Commissioner moved adoption of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2012- L 1 v
RESOLUTION APPROVING APPROPRIATION FOR EXPENDITURES ASSOCIATED
WITH THE EAGLE VALLEY LAND EXCHANGE IN EAGLE COUNTY, COLORADO,
AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO
EXECUTE ALL DOCUMENTS NECESSARY TO CONSUMMATE 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
WHEREAS, the total land area preserved through the Eagle Valley 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 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
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; and
WHEREAS, the Board authorized the use of Open Space Funds to be used for
expenditures associated with the Eagle Valley Land Exchange; and
WHEREAS, the Land Exchange Agreement must be executed by the parties to the
Agreement on or before November 9, 2012 or the appraisals of the parcels that are the subject of
the Eagle Valley Land Exchange will expire. It is therefore important to ensure that any of the
County Commissioners have the authority to execute the Land Exchange Agreement so that a
timely execution of the Land Exchange Agreement can occur; and
WHEREAS, pursuant to the Eagle Valley Land Exchange, a Contract to Buy and Sell
Real Estate (the "Contract ") must be executed by Eagle County in order to effectuate the
conveyance of the Nottingham- Dickson Creek Parcel to the United States of America. It is
therefore important to ensure that any of the County Commissioners have the authority to
execute the Contract, and any other necessary documents, instruments, papers or forms necessary
for the consummation of the Eagle Valley Land Exchange; and
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 Open Space
Funds in an additional amount of up to $5.3 million to be used for expenditures associated with
the Eagle Valley Land Exchange (which expenditures include, but are not 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).
THAT, this Resolution shall be deemed to satisfy any funding and appropriation
requirements under the Eagle Valley Land Exchange Agreement or the Contract.
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 Eagle Valley Land Exchange. Such documents may include, but shall not be limited to, the
Eagle Valley Land Exchange Agreement, the Contract pursuant to which the Nottingham -
Dickson Creek Parcel shall be conveyed to the United States of America, 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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held this )'cb day of aG •, 2012.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATT T: o � �` 64 ,-c %
M. � . G "� 4ii' By: / .
i
1 rk
C e to the oard of Peter F. Run on
coioaPPo y
County Commissioners C . i
„A
Jon S . y ----.___- ._
Co ri oner
41P AP r./ _,
Sara J. Fisher
Commissioner
Commissioner T--t. S WV seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon I "
Commissioner Stavney 14-14 "
Commissioner Fisher N
This resolution passed by 6 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
