HomeMy WebLinkAboutR23-056 Approving Open Space Funds for the Eaton Forest 160 DocuSign Envelope ID:065F880A-0A6D-4FFC-B624-8EC2A5D5705B
Commissioner scherr moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023-056
RESOLUTION APPROVING THE USE OF OPEN SPACE FUNDS FOR
TRANSACTION COSTS ASSOCIATED WITH THE CONSERVATION OF THE
EATON FOREST 160 PROPERTY LOCATED IN EAGLE COUNTY, COLORADO
AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO
EXECUTE DOCUMENTS ASSOCIATED WITH THE SAME
WHEREAS, EATON UPPER DIVISION, LLLP, A COLORADO LIMITED
LIABILITY LIMITED PARTNERSHIP AND MICHAEL B. EATON ("The Landowners"), are
the owners of a 160-acre property on Squaw Creek Road(Eagle County Assessor Parcel No.
210724300040) (the "Property") located in Eagle County, Colorado. The Landowners have
offered to grant a conservation easement on the Property,which will be held by the Eagle Valley
Land Trust("EVLT"); 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, visual buffers, agricultural heritage
and scenic landscapes that are important to conserve for current and future generations of Eagle
County; and
WHEREAS,Eagle County,EVLT and The Landowners will work together in support of
the effort to protect the Property; and
WHEREAS, The Landowners will donate the conservation easement to EVLT and The
Landowners will continue to own and manage the Property at their expense; and
WHEREAS, EVLT has agreed to hold the conservation easement on the Property and
will be responsible for long-term monitoring of the Property which will ensure the permanent
protection of the Property' s conservation values; and
DocuSign Envelope ID:065F880A-0A6D-4FFC-B624-8EC2A5D5705B
WHEREAS, Eagle County supports the protection of the Property through a
conservation easement; and
WHEREAS,on May 8, 2023 the Eagle County Open Space Advisory Committee
("OSAC") voted unanimously to recommend that the Board of County Commissioners of Eagle
County, Colorado ("Board") fund up to eighty-five thousand, three hundred and fifteen dollars
($85,315)towards a portion of the transaction costs incurred by EVLT and The Landowners as
set forth on the attached Exhibit A, attached here to and incorporated herein,to permanently
protect and conserve the Property through the recordation of a conservation easement, with the
understanding that a funding agreement in a form acceptable to the County setting forth the
details and requirements for funding the transaction costs be executed by the County and EVLT
before execution and recording of the conservation easement(the "Closing"); and
WHEREAS, the conservation easement transaction costs include, but are not limited to,
EVLT project fees, stewardship endowment, legal defense, title research and closing costs,
appraisal, mineral report, baseline report, surveys, Colorado tax credit application fee, and EVLT
legal and expert fees, as set forth on Exhibit A(the"Transaction Costs"). The Transaction Costs
do not include attorney fees and legal costs incurred by The Landowners in connection with the
conservation easement, and The Landowners are solely responsible for such fees and costs; and
WHEREAS, in anticipation of The Landowners granting the conservation easement on
the Property, the Board has heard the OSAC recommendation and desires to ratify and approve
the use of Open Space Funds to fund a portion of the Transaction Costs incurred by EVLT and
The Landowners associated with the recording of a conservation easement on the Property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the Board hereby ratifies and authorizes the use of Open Space Funds in the amount of
eighty-five thousand, three hundred and fifteen dollars ($85,315)to fund a portion of the
Transaction Costs incurred by EVLT and The Landowners associated with the recording of a
conservation easement on the Property; and
THAT, subject to satisfaction of any due diligence associated with the conservation easement on
the Property and execution of a funding agreement between the County and EVLT no later than
December 31, 2023, the funds authorized by this Resolution shall be dispersed at the Closing
which shall occur at a date and time mutually agreeable to The Landowners, EVLT and the
County, at the offices of a title company approved by the County. Subject to receipt by the
County of an invoice in accordance with Exhibit A with acceptable supporting detail, the County
shall disburse funds required for the conservation easement Transaction Costs either to the title
DocuSign Envelope ID:065F880A-0A6D-4FFC-B624-8EC2A5D5705B
company, or in the discretion of the County, as a reimbursement to The Landowners and EVLT
at Closing; and
THAT,the Board authorizes any of the Eagle County Commissioners to execute on its behalf
any and all necessary documents, instruments, papers or other forms necessary to prepare and
record a conservation easement against the Property; and
THAT,all documents associated with the conservation of the Property, as well as 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.
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DocuSign Envelope ID:065F880A-0A6D-4FFC-B624-8EC2A5D5705B
MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle,
State of Colorado, at its regular meeting held on the August 26th 20 , 2023.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
DocuSigned by:
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Kathy Chandler-Henry, Chair
DocuSigned by:
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Jeanne McQueeney
Commissioner
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Matt Scherr
Commissioner
Attest: DocuSigned by:
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Regina O'Brien, Clerk to the Board
Commissioner McQueeney 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 •
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