HomeMy WebLinkAboutR20-091 Approval of Open Space Funds 776 Sweewater Road DocuSign Envelope ID:5B11006F-8BDE-4391-A647-A4EAB8B3FB6B
Commissioner Scherr moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2020- 091
RESOLUTION APPROVING AND AUTHORIZING THE USE OF OPEN SPACE
FUNDS FOR THE PURCHASE OF A CONSERVATION EASEMENT ON
776 SWEET WATER ROAD,
EAGLE COUNTY, COLORADO AND AUTHORIZING ANY OF
THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS
ASSOCIATED WITH SAID PURCHASE
WHEREAS, Walking Mountains, a Colorado non-profit corporation, owns the property at
776 Sweetwater Road (Assessor Parcel No. 193508100014) (the "Property") in Eagle County,
Colorado, and has agreed to place a conservation easement on it; and
WHEREAS, the Eagle County Open Space Program was created to acquire and protect
outstanding natural lands, wildlife habitat, historic ranches and scenic areas; and
WHEREAS, the 224-acre Property possesses characteristics consistent with Eagle County
Open Space Selection Criteria including critical wildlife habitat, riparian habitat, and scenic
landscapes that are important to conserve for current and future generations of Eagle County; and
WHEREAS, Eagle County, Eagle Valley Land Trust ("EVLT"), and Walking Mountains
will work together in support of the effort to preserve the Property; and
WHEREAS, Walking Mountains will donate any remaining portion of the conservation
easement value and will own and manage the Property at its expense; and
WHEREAS, EVLT has agreed to hold the conservation easement on the Property and to
be responsible for long-term monitoring which will ensure the permanent protection of the
Property's conservation values; and
WHEREAS, Eagle County supports the transaction which is comprised of the preservation
of the Property through a conservation easement; and
WHEREAS, on October 13, 2020 the Eagle County Open Space Advisory Committee
("OSAC") considered whether to fund the conservation easement to protect the Property. OSAC
voted unanimously to recommend that the Board of County Commissioners of Eagle County,
Colorado("Board") fund three hundred and fifty thousand dollars($350,000)toward the purchase
of the conservation easement on the Property with the understanding that a funding agreement
setting forth the details and requirements for funding the transaction be executed before closing;
DocuSign Envelope ID:5611006F-8BDE-4391-A647-A4EAB8B3FB6B
and
WHEREAS, in anticipation of Walking Mountains granting the conservation easement on
the Property to EVLT, the Board has heard the OSAC recommendation and desires to ratify the
use of Open Space Funds to fund a portion of the purchase price of the conservation easement on
the Property to be granted to EVLT.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the Board ratifies and authorizes the use of Open Space Funds in the amount of
three hundred and fifty thousand dollars ($350,000) to fund a portion of the conservation
easement; and
THAT, subject to satisfaction of any due diligence and execution of a funding agreement
with Walking Mountains,setting forth the details for funding the transaction in a form acceptable
to Eagle County no later than December 31, 2020, Open Space Funds in an amount up to
$350,000 shall be used for costs associated with completion of the preservation of the Property
through a conservation easement; and
THAT, the Board authorizes any of the Eagle County Commissioners to execute on its
behalf any and all necessary documents, deeds, instruments, closing documents, papers or other
forms necessary for the County's contribution to the purchase of the conservation easement on
the Property all in a form approved by the Eagle County Attorney's Office; and
THAT,the Board 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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DocuSign Envelope ID:5B11006F-8BDE-4391-A647-A4EAB8B3FB6B
MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State
of Colorado, at its regular meeting held November 44tIr (OL , 2020.
COUNTY OF EAGLE, STATE OF
("4"..\:1"t 6:- COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
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e--DocuSigned by: 400 ,--DocuStbed by:
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Clerk to tfte-B9ffitic5f440 KaVffiatePHenry
County Commissioners Chair
--DocuSigned by:
JeanliFTMEratiey
Commissioner
DocuSigned by:
Sluff S.cturr
Mahymn 8E0473
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Commissioner
Commissioner McQueency seconded adoption of the foregoing resolution.
The roll having been called,the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
Commissioner Scherr Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado