HomeMy WebLinkAboutR21-080 Open Space Funding for Castle Peak Property in Eagle County DocuSign Envelope ID:1F53AA19-1A09-4F22-8FD5-DD95DE722FDD
Commissioner McQueeney moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2021 - 080
RESOLUTION APPROVING THE USE OF OPEN SPACE FUNDS FOR
TRANSACTION COSTS ASSOCIATED WITH THE PRESERVATION OF THE
JOHNSON ET AL. CASTLE PEAK PROPERTY LOCATED IN EAGLE COUNTY,
COLORADO AND AUTHORIZING ANY OF THE EAGLE COUNTY
COMMISSIONERS TO EXECUTE DOCUMENTS ASSOCIATED WITH THE SAME
WHEREAS, the owners ("Owners") of a 649 acre property in Sections 23 and 24,
Township 3 South, Range 85 West known as the Johnson et al. Castle Peak property in Eagle
County, Colorado (Eagle County Assessor Parcel No. 1859-231-00-004) (the "Property"),
have agreed to grant a conservation easement on the Property, through their representative
Alexis Kensinger("Kensinger"); 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 Property possesses characteristics consistent with Eagle County Open
Space Selection Criteria including critical wildlife habitat, riparian habitat, agricultural
heritage 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 Kensinger will
work together in support of the effort to preserve the Property; and
WHEREAS, the Owners will donate the conservation easement to EVLT and the
Owners will own and manage the Property at their 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 August 9, 2021 the Eagle County Open Space Advisory Committee
("OSAC") voted unanimously to recommend that the Board of County Commissioners of
Eagle County, Colorado ("Board") fund ninety-seven thousand, seven-hundred and seven
dollars($97,707)towards the transaction costs necessary to permanently preserve the Property
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through the recordation of conservation easement with the understanding that a funding
agreement setting forth the details and requirements for funding the transaction be executed by
EVLT and the County before closing of the conservation easement; and
WHEREAS, in anticipation of the Owners granting the conservation easement on the
Property to EVLT, the Board has heard the OSAC recommendation and desires to approve the
use of Open Space Funds to fund a portion of the transaction costs associated with the
conservation easement on the Property; and
WHEREAS, the Board desires to authorize any commissioner to execute any documents
associated with finalizing the conservation easement on the Property, if any.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the Board authorizes the use of Open Space Funds in the amount of ninety-seven
thousand, seven-hundred and seven dollars ($97,707) to fund a portion of the transaction costs
associated with the conservation easement to be recorded against the Property; and
THAT, the funds authorized by this Resolution shall be paid to EVLT only after receipt
by County of a signed letter of intent from the Owners stating their intent to proceed with the
donation of the conservation easement to EVLT, with Alexis Kensinger as the designated
representative; and
THAT, the funds authorized by this Resolution shall be paid to EVLT only after receipt
by County of an invoice with acceptable supporting detail; and
THAT, transaction costs include, but are not limited to, EVLT stewardship fees and
defense costs, title insurance, baseline reports, mineral remoteness report, appraisal costs,
closing costs and the like; and
THAT, transaction costs do not include the Owners' attorney fees and costs associated
with the conservation easement transaction and the Owners and/or Alexis Kensinger will be
responsible for separately paying those costs; and
THAT, subject to satisfaction of any due diligence and execution of a funding agreement
with EVLT, setting forth the details for funding the transaction in a form acceptable to Eagle
County no later than December 31, 2021, Open Space Funds in an amount up to $97,707 shall
be used for transaction costs associated with 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 to preserve the Property and record a conservation easement against the same;
and
THAT, all documents associated with the preservation of the Property, as well as the
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amount of the transaction costs to be paid by County, are subject to review and approval 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.
MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle,
State of Colorado, at its regular meeting held September 28 ,2021.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
y'.,oE EAGiero BOARD OF COUNTY COMMISSIONERS
ATTEST:
,—DocuSigned by: r—DocuSigned by:
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Clerk to`die t Matt Sche'rr-81E7B2D718E0473...
County Commissioners Chair
DocuSigned by:
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Jeanne Mge�8AA47A...
Commissioner
DocuSigned by: ff y�,�
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Kathy Ch rrd � 3 1
Commissioner
Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry 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. .