HomeMy WebLinkAboutbocc.ord.014.2009CONTRACT # �Z �13 -O l
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH GARFIELD COUNTY
REGARDING COLD MOUNTAIN RANCH MASTER PLAN AND RIVER
ACCESS PARCEL ADMINISTRATION.
ORDINANCE #&Y-2009
w0
U U
Z Recitals
c Z
0 1. The Pitkin County Open Space and Trails Board of Trustees is charged with
M c the responsibility of acquiring open space properties within Pitkin County. �v
0 CL `i
2. The 611 -acre Cold Mountain Ranch owned by William Fales and Marj
0 Perry, possesses outstanding scenic, habitat, recreational and agricultural
W o v values. Approximately 49 acres lie in Garfield County.
Z O N
0 q > 3. On February 24, 2009, the Pitkin County Board of County Commissioners O
a a �; approved the Cold Mountain Master Plan and purchase of a conservation A
W .4 r- v i
U M 5 ._ easement and 2.5 acre river access parcel. C
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y;
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5. On April 6, 2009, the Board of County Commissioners of Garfield County
approved an Intergovernmental Agreement supporting the February 24,
2009 action of the Pitkin County Board of County Commissioners, and o
clarifying jurisdiction over specified aspects of the conservation easement 'k�
and river access parcel administration.
NOW, THEREFORE, BE IT ORDAINED, that the Board of County b
Commissioners
approves the attached Intergovernmental Agreement clarifying 'j
jurisdiction over specified aspects of the Cold Mountain Ranch conservation easement o
and river access parcel administration.
h
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 13 DAY OF MAY 2009.
NOTICE OF PUBIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 17!! DAY OF MAY 2009.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE AY OF , 2009.
PUBLISHED AFT FR ADOPTION IN THE ASPEN TIMES WEEKLY ON
THE � DAY OF _ <R j� , 2009.
Ordinance 4 /s/ -2009
RECEPTION #: 564642,11119/2009 at
12:29:42 PM,
1 OF M R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ATTEST:
i4b ���
de ette Jones
De ty Clerk & Recorder
APPROVED AS TO FORM:
John Ely, Co ttorney
D le Will, Director
Pitkin County Open Space and Trails
Ordinance � [ -2009
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
y � A.
Patti Kay- Cla�per, Chap
Date: � ^'
MANAGER APPROVAL:
l
Hilary Flet� her, County Manager
L�
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF PITKIN, STATE OF COLORADO,
AND
THE COUNTY OF GARFIELD, STATE OF COLORADO
THIS TNTERGOVERNMEN J �I AGREEMENT, made and entered
into the day of ./Z- 2009 by and between the
County of Pitkin, State / of Colorado, a body corporate and
politic, by and through its Board of County Commissioners
(hereinafter referred to as " Pitkin County "), and the
County of Garfield, State of Colorado, a body corporate and
politic, by and through its Board of County Commissioners
(hereinafter referred to as "Garfield County ").
Recitals:
1. Cold Mountain Ranch consists of approximately 610
acres of land located in the Crystal River drainage within
a contiguous portion of Pitkin County and Garfield County.
2. The owner of the property, Cold Mountain Ranch
LLP, is entering into a Pitkin County Open Space Master
Plan review pursuant to Pitkin County Ordinance 017 -2007.
This review includes a request for approval of a Land Use
Development Master Plan Agreement, subdivision of one free
market lot, subdivision of a parcel along the Crystal River
for the purposes of conveyance to Pitkin County for
recreational access by the general public ( "River Access
Parcel ") , and a Conservation Easement to be administered by
the Pitkin County Open Space and Trails Department.
3. The Cold Mountain Open Space Master Plan will
protect the scenic, agricultural, habitat and recreational
resources of value to the citizens of both Garfield and
Pitkin Counties by reducing potential development in each
county and securing limited public access to the Crystal
River.
4. Pitkin County has an open space acquisition
program and has developed rules and regulations relative to
the use of open space parcels it acquires, and the County
has designated an open space ranger to enforce such rules.
Pitkin County and Garfield County desire to enter into an
agreement to authorize Pitkin County to exercise only that
jurisdiction as specified below over that portion of Cold
1 ?
Mountain Ranch which lies in Garfield County, for planning
and zoning purposes, and for purposes of applying Pitkin
County's Open Space Rules and Regulations to the River
Access Parcel, which jurisdiction shall include
establishing and enforcing zoning, land use and open space
regulations except as otherwise provided herein.
S. Pitkin County represents that it has the
authority under its Open Space program and applicable law
to acquire open space property outside of Pitkin County.
NOW, THEREFORE, Pitkin County and Garfield County, for
the consideration set forth above, agree as follows:
1. The forgoing Recitals are incorporated by this
reference.
2. Authority
This Agreement is entered into under the authority of
local governments of the State of Colorado to contract with
one another for the joint provision of services or
functions which they can provide individually; Section 29-
1 -201, et seq., C.R.S. as amended, and Article XIV, Section
18, Colorado Constitution, and pursuant to Section 29 -7 -101
et seq., C.R.S., as amended.
3. Scope of Agreement
A. Pitkin County shall have the authority to
administer and enforce its Land Use Code, specifically its
Open Space Master Plan Review and Process, for all of Cold
Mountain Ranch, including that part that lies in Garfield
County, as legally described on Exhibit A, attached hereto
and made part hereof by this reference. To this end,
Pitkin County is authorized to create the River Access
Parcel, pursuant to its Land Use Code, as shown on Exhibit
A.
So long as the River Access Parcel is used for the
purposes stated in paragraph 3E below, Pitkin County shall
have the authority to regulate and control the public's use
of the River Access Parcel under its duly adopted rules and
regulations otherwise provided in Title 12 of the Pitkin
County Code, as adopted by Pitkin County Ordinance 030-
2005, as may be amended from time to time. Pursuant to
Section 29 -7 -101, C.R.S., as amended, any prosecution for
2 LI
violation of these rules and regulations shall be in
Garfield County court, but any fines or forfeitures shall be
paid to the Pitkin County Treasurer.
B. Pitkin County shall not issue any building
permits for construction of any improvements or structures
on that part of Cold Mountain Ranch located within Garfield
County, or for the residence reserved for Building Envelop
A if it lies partially in each County. Such permits must
be issued by, and will be subject to the jurisdiction of,
Garfield County.
C. Garfield County acknowledges that a single
family home not to exceed 5750 square feet in size may be
placed within Reserved Building Envelope A, as depicted on
Exhibit A, without the need for further subdivision of Cold
Mountain Ranch. However, a building permit from Garfield
County must be obtained prior to any construction of this
home.
D. Pitkin County agrees that the River Access
Parcel will be used only for the following purposes:
habitat protection and non - motorized passive recreation
such as picnicking, boating, and similar open space uses
contemplated under Title 12 of the Pitkin County Code. The
time and manner of such uses may be further restricted by a
management plan adopted thereunder. Should Pitkin County
desire to change the use, it must obtain approval under the
zoning and land use rules and regulations of Garfield
County in existence at the time of application to Garfield
County for any such change in use.
E. Nothing in this Agreement shall obligate
Garfield County or the Garfield County Sheriff to enforce
any Pitkin County regulations relating to use of the River
Access Parcel.
G. Nothing in this Agreement shall authorize
the Pitkin County Open Space Rangers to enforce any
violations of Garfield County rules or regulations or of
State criminal laws.
4. Modification and Waiver
No modification of this Agreement shall be valid
unless such modification is agreed to in writing and signed
by Pitkin County and Garfield County.
3
5. Term of Agreement
This
Agreement shall
commence upon
the signing of said
Agreement,
and shall be
perpetual.
Either party may
terminate
this agreement
without cause
upon thirty days'
written notice to the other party.
6.
Notices
Any
notice provided
for herein
shall be given in
writing by registered or
certified mail, return receipt
requested,
addressed as follows:
GARFIELD COUNTY:
c/o Garfield County Attorney
108 8 th Street, Suite 219
Glenwood Springs, CO 81601
PITKIN COUNTY:
c/o Pitkin County Open Space & Trails Director
530 East Main St., 3 rd Floor
Aspen, CO 81611
7. Miscellaneous Provisions
A. This Agreement does not and shall not be
deemed to confer upon nor grant to any third party any
cause of action, right to sue, or allow any claim against
either Pitkin County or Garfield County or their officers,
agents, or employees because of any services provided
hereunder or any breach hereof or because of any terms,
covenants, agreements or conditions contained herein.
B. This written Agreement embodies the whole
agreement between the parties hereto, and there are no
inducements, promises, terms, conditions or obligations
made or entered into by either Pitkin County or Garfield
County other than those contained herein.
C. This Agreement shall be binding upon the
respective parties hereto, their successors or assigns, and
may not be assigned by either party without the prior
written consent of the other respective party hereto.
4
D. All agreements and covenants herein are
severable, and in the event that any of them shall be held
invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid agreement
or covenant were not contained herein.
E. In the event that a court of competent
jurisdiction determines that either of the parties hereto
does not possess the legal ability to enter into this
Agreement, this Agreement shall be considered null and void
as of the date of such court determination.
F. Pitkin County will add Garfield County as an
additional named insured on its comprehensive general
liability insurance policy, which insurance shall be
maintained by Pitkin County to provide protection against
liability from claims arising out of this Agreement.
Pitkin County shall, upon written request therefor from
Garfield County, provide a Certificate of Insurance as
verification of compliance with these requirements.
Nothing in this Agreement, however, is intended or shall be
construed to constitute a waiver on the part of Pitkin
County or Garfield County of the provisions of Section 24-
10 -101, et seq., C.R.S., as amended, commonly known as the
Colorado Governmental Immunity Act.
G. Either party may terminate this Agreement on
ninety (90) days' notice to the other party if it is
reasonably deemed by either party that the Agreement is not
fulfilling the objectives of either party.
H. In the event that a dispute should arise
relating to the performance of the services to be provided
under this Agreement, and should that dispute result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the
defense of the claim, including staff time, court costs.
attorney's fees, and other claim- related expenses.
I. This Agreement may only be amended by a
written agreement signed by the parties hereto and approved
by the Garfield County Commissioners and Pitkin County.
5 �J
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals the day of ✓L 2009.
ATTEST:
vvl Q P AA
to the Board
ty'I ( 1 CFO R
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INSO
Cler to the Boa
Date
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BOARD OF <:OUNTY
CO.JNTY,
f
By:
OARD OF CU�
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By:
Chairman
SSIONERS OF
OF COLORADO
A
COMMISSIONERS
STATE OF COL
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T: \MyFiles \PLAN \cold mountain ranch \Cold Mountan IGA- redlined 3- 31- 09.doc
6 ��
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL1
A parcel of land situated in the SE'/4 SW' /< of Section 10 and the N'/ NW'% of Section 15, Township 8 South, Range 88
West of the 6th P.M., County of Pitkin and County of Garfield, State of Colorado being more particularly described as
follows:
Commencing at the witness corner for the SW corner of Section 11 a found brass cap with all bearings contained herein
relative to a bearing of N.00 °15'39" W. between said Section corner and the North East corner of Section 10, a found
stone monument; thence S. 79 °42'57" W. a distance of 3265.72 feet to the True Point of Beginning, a found rebar and cap
L.S. #16842 also being a point on that parcel described at Plat Book 24 at Page 50 of the Pitkin County Clerk and
Recorders Office, Pitkin County, Colorado; thence along said boundary the following three (3) courses:
1) thence S. 60 0 30'31" W. a distance of 583.78 feet to a rebar and cap L.S. #16842;
2) thence N. 33 0 20'02" W. a distance of 449.66 feet to a rebar and cap L.S. #19598;
3) thence S. 64'37'19" W. a distance of 95.74 feet;
thence leaving said parcel along an existing fence the following four (4) courses:
1) thence N. 41'12'00" W. a distance of 83.44 feet;
2) thence N. 49 0 17'26" E. a distance of 110.18 feet;
3) thence N. 26 °11'29" E. a distance of 131.35 feet;
4) thence N. 23 0 54'20" E. a distance of 78.90 feet;
thence leaving said fence N. 73 °57'52" E. a distance of 152.26 feet; thence N. 01 °00'35" W. a distance of 279.87 feet;
thence N. 07 0 57'36" E., a distance of 231.84 feet to an existing fence; thence along said fence the following two (2)
courses:
1) thence N. 06 °21'56" W. a distance of 196.57 feet;
2) thence N. 03 °10'33" W. a distance of 133.75 feet;
thence leaving said fence S. 81'15'41 " E. a distance of 762.88 feet; thence S. 67 0 25'19" E., a distance of 309.53 feet to
the centerline of an existing road, also being a point on said parcel; thence along said centerline and said parcel the
following five (5) courses:
1) a distance of 66.30 feet along the arc of a non tangent curve to the left having a radius of 78.57 feet and a central angle
of 48 0 20'52 ", chord bears S. 24 °50'43" W., a distance of 64.35 feet;
2) thence S. 00 0 39'52" W., a distance of 242.43 feet;
3) thence S. 04 °10'34" W., a distance of 298.58 feet;
4) thence S. 17 °11'50" W., a distance of 44.47 feet to a point of intersection of an existing gate and said centerline;
5) thence leaving said centerline along said parcel S. 46 °27'36" W., a distance of 546.52 feet to the Point of Beginning.
PARCEL 2
That real property located in Sections 15 and 22, Township 8 South, Range 88 West of the 6th P.M. in Pitkin County,
Colorado, Commonly known as the Desandre Ranch and more particularly described as follows:
Lots 7, 8, 12 and 13 in Section 15 Township 8 South, Range 88 West of the 6th P.M. , except a tract of land out of Lot 12
as described in document recorded in Book 119 at Page 377 in the records of said Pitkin County.
Also the following described tract of land:
Beginning at the Northwest Corner of Lot 16 in Section 15, Township 8 South, Range 88 West of the 6th P.M.; thence
South 80 rods along the West line of said Lot 16 to a point where the center of the bed of Crystal River or Rock Creek
intersects the said West line of Lot 16; thence in a Northerly direction following the center of the bed of Crystal River or
Rock Creek to a point where the center of the bed of said Crystal River intersects the North line of said Lot 16; thence
92 °16'59" a distance of 126.55 feet (chord bears N 46 0 40'59" E 113.31 feet); thence continuing along said centerline S
87 °10'31" E 256.45 feet; thence continuing along said centerline N 82 0 39'07" E 52.26 feet; thence continuing along said
centerline N 87 0 41'04" E 37.30 feet; thence continuing along said centerline S 88 0 40'18" E 311.89 feet; thence continuing
along said centerline S 85 °46'24" E 102.51 feet; thence continuing along said centerline N 87 °20'31" E 162.69 feet; thence
continuing along said centerline S 89 °34'18" E 418.20 feet; thence continuing along said centerline and centerline
extended S 87 0 16'22" E 268.16 feet to a point in the centerline of the Crystal River; thence S 00 0 47'15" E along the
centerline of said River 395.37 feet; thence continuing along said centerline S 03 °26'31" E 464.33 feet; thence continuing
along said centerline S 06 0 15'45" W 450.47 feet; thence continuing along said centerline S 03 °02'39" E 317.27 feet;
thence continuing along said centerline S 08 °18'59" E 572.83 feet; thence continuing along said centerline S 08 °25'34" W
270.68 feet; thence continuing along said centerline S 10'53'51" W 146.52 feet to a point on the Southerly line of Lot 2 of
said Section 15; thence N 90 0 00'00" W along the Southerly line of said Lot 2 and the Southerly line of Lot 6 of said Section
15 2629.38 feet to the Southwest Corner of said Lot 6; thence S 00 0 00'00" E along the Easterly line of Lot 5 of said Section
15 446.16 feet to the Southeast Corner of said Lot 5, also being a point on the East -West centerline of said Section 15;
thence S 89 0 39'22" W along said centerline 1597.13 feet to the True Point of Beginning.
PARCEL 4
NE' /,, Section 21, Township 8 South, Range 88 West of the 6th P.M., County of Pitkin, State of Colorado.
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF PITKIN, STATE OF COLORADO,
AND
THE COUNTY OF GARFIELD, STATE OF COLORADO
THIS INTERGOVERNMENTAL AGREEMENT, made and entered
into the day of AaCll- , 2009 by and between the
County of Pitkin, State cf Colorado, a body corporate and
politic, by and through its Board of County Commissioners
(hereinafter referred to as " Pitkin County "), and the
County of Garfield, State of Colorado, a body corporate and
politic, by and through its Board of County Commissioners
(hereinafter referred to as "Garfield County ").
Recitals:
1. Cold Mountain Ranch consists of approximately 610
acres of land located in the Crystal River drainage within
a contiguous portion of Pitkin County and Garfield County.
2. The owner of the property, Cold Mountain Ranch
LLP, is entering into a Pitkin County Open Space Master
Plan review pursuant to Pitkin County Ordinance 017 - 2007.
This review includes a request for approval of a Land Use
Development Master Plan Agreement, subdivision of one free
market lot, subdivision of a parcel along the Crystal River
for the purposes of conveyance to Pitkin County for
recreational access by the general public ( "River Access
Parcel "), and a Conservation Easement to be administered by
the Pitkin County Open Space and Trails Department.
3. The Cold Mountain Open Space Master Plan will
protect the scenic, agricultural, habitat and recreational
resources of value to the citizens of both Garfield and
Pitkin Counties by reducing potential development in each
county and securing limited public access to the Crystal
River.
4. Pitkin County has an open space acquisition
program and has developed rules and regulations relative to
the use of open space parcels it acquires, and the County
has designated an open space ranger to enforce such rules.
Pitkin County and Garfield County desire to enter into an
agreement to authorize Pitkin County to exercise only that
jurisdiction as specified below over that portion of Cold
1
Mountain Ranch which lies in Garfield County, for planning
and zoning purposes, and for purposes of applying Pitkin
County's Open Space Rules and Regulations to the River
Access Parcel, which jurisdiction shall include
establishing and enforcing zoning, land use and open space
regulations except as otherwise provided herein.
5. Pitkin County represents that it has the
authority under its Open Space program and applicable law
to acquire open space property outside of Pitkin County.
NOW, THEREFORE, Pitkin County and Garfield County, for
the consideration set forth above, agree as follows:
1. The forgoing Recitals are incorporated by this
reference.
2. Authority
This Agreement is entered into under the authority of
local governments of the State of Colorado to contract with
one another for the joint provision of services or
functions which they can provide individually; Section 29-
1 -201, et seq., C.R.S. -as amended, and Article XIV, Section
18, Colorado Constitution, and pursuant to Section 29 -7 -101
et seq., C.R.S., as amended.
3. Scope of Agreement
A. Pitkin County shall have the authority to
administer and enforce its Land Use Code, specifically its
Open Space Master Plan Review and Process, for all of Cold
Mountain Ranch, including that part that lies in Garfield
County, as legally described on Exhibit A, attached hereto
and made part hereof by this reference. To this end,
Pitkin County is authorized to create the River Access
Parcel, pursuant to its Land Use Code, as shown on Exhibit
A.
So long as the River Access Parcel is used for the
purposes stated in paragraph 3E below, Pitkin County shall
have the authority to regulate and control the public's use
of the River Access Parcel under its duly adopted rules and
regulations otherwise provided in Title 12 of the Pitkin
County Code, as adopted by Pitkin County Ordinance 030-
2005, as may be amended from time to time. Pursuant to
Section 29 -7 -101, C.R.S., as amended, any prosecution for
2
l�
violation of these rules and regulations shall be in
Garfield County court, but any fines or forfeitures shall be
paid to the Pitkin County Treasurer.
B. Pitkin County shall not issue any building
permits for construction of any improvements or structures
on that part of Cold Mountain Ranch located within Garfield
County, or for the residence reserved for Building Envelop
A if it lies partially in each County. Such permits must
be issued by, and will be subject to the jurisdiction of,
Garfield County.
C. Garfield County acknowledges that a single
family home not to exceed 5750 square feet in size may be
placed within Reserved Building Envelope A, as depicted on
Exhibit A, without the need for further subdivision of Cold
Mountain Ranch. However, a building permit from Garfield
County must be obtained prior to any construction of this
home.
D. Pitkin County agrees that the River Access
Parcel will be used only for the following purposes:
habitat protection and non - motorized passive recreation
such as picnicking, boating, and similar open space uses
contemplated under Title 12 of the Pitkin County Code. The
time and manner of such uses may be further restricted by a
management plan adopted thereunder. Should Pitkin County
desire to change the use, it must obtain approval under the
zoning and land use rules and regulations of Garfield
County in existence at the time of application to Garfield
County for any such change in use.
E. Nothing in this Agreement shall obligate
Garfield County or the Garfield County Sheriff to enforce
any Pitkin County regulations relating to use of the River
Access Parcel.
G. Nothing in this .Agreement shall authorize
the Pitkin County Open Space Rangers to enforce any
violations of Garfield County rules or regulations or of
State criminal laws.
4. Modification and Waiver
No modification of this Agreement shall be valid
unless such modification is agreed to in writing and signed
by Pitkin County and Garfield County.
3
13
5. Term of Agreement
This Agreement shall commence upon the signing of said
Agreement, and shall be perpetual. Either party may
terminate this agreement without cause upon thirty days'
written notice to the other party.
6. Notices
Any notice provided for herein shall be given in
writing by registered or certified mail, return receipt
requested, addressed as follows:
GARFIELD COUNTY:
c/o Garfield County Attorney
108 8 Street, Suite 219
Glenwood Springs, CO 81601
PITKIN COUNTY:
c/o Pitkin County Open Space & Trails Director
530 East Main St., 3 Floor
Aspen, CO 81611
7. Miscellaneous Provisions
A. This Agreement does not and shall not be
deemed to confer upon nor grant to any third party any
cause of action, right to sue, or allow any claim against
either Pitkin County or Garfield County or their officers,
agents, or employees because of any services provided
hereunder or any breach hereof or because of any terms,
covenants, agreements or conditions contained herein.
B. This written Agreement embodies the whole
agreement between the parties hereto, and there are no
inducements, promises, terms, conditions or obligations
made or entered into by either Pitkin County or Garfield
County other than those contained herein.
C. This Agreement shall be binding upon the
respective parties hereto, their successors or assigns, and
may not be assigned by either party without the prior
written consent of the other respective party hereto.
M
�V
D. All agreements and covenants herein are
severable, and in the event that any of them shall be held
invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid agreement
or covenant were not contained herein.
E. In the event that a court of competent
jurisdiction determines that either of the parties hereto
does not possess the legal ability to enter into this
Agreement, this Agreement shall be considered null and void
as of the date of such court determination.
F. Pitkin County will add Garfield County as an
additional named insured on its comprehensive general
liability insurance policy, which insurance shall be
maintained by Pitkin County to provide protection against
liability from claims arising out of this Agreement.
Pitkin County shall, upon written request therefor from
Garfield County, provide a Certificate of Insurance as
verification of compliance with these requirements.
Nothing in this Agreement, however, is intended or shall be
construed to constitute a waiver on the part of Pitkin
County or Garfield County of the provisions of Section 24-
10 -101, et seq., C.R.S., as amended, commonly known as the
Colorado Governmental Immunity Act.
G. Either party may terminate this Agreement on
ninety (90) days' notice to the other party if it is
reasonably deemed by either party that the Agreement is not
fulfilling the objectives of either party.
H. In the event that a dispute should arise
relating to the performance of the services to be provided
under this Agreement, and should that dispute result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the
defense of the claim, including staff time, court costs,
attorney's fees, and other claim - related expenses.
I. This Agreement may only be amended by a
written agreement signed by the parties hereto and approved
by the Garfield County Commissioners and Pitkin County.
5 �
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals the _ day of-,Ag,� L , 2009.
ATTEST:
.•
% J
Date;
$EAL
e �
• •
�OLOR�►��s
BARD OF CO�I
CO SSIONERS
, STATE OF COL
Te v v By:
o the Boa d Chairman '
�p— -09
T: \MyFiles \PLAN \cold mountain ranch \Cold Mountan IGA- redlined 3- 31- 09.doc
BOARD COUNTY SSIONERS OF
d'
tZMtT C UNTY TATjCjOF_ COLORADO
vh By:
o the Board
I 4 1 Z'e,
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
A parcel of land situated in the SE' /< SW' /< of Section 10 and the N% NW% of Section 15, Township 8 South, Range 88
West of the 6th P.M., County of Pitkin and County of Garfield, State of Colorado being more particularly described as
follows:
Commencing at the witness corner for the SW corner of Section 11 a found brass cap with all bearings contained herein
relative to a bearing of N.00 °15'39" W. between said Section corner and the North East corner of Section 10, a found
stone monument; thence S. 79 °42'57" W. a distance of 3265.72 feet to the True Point of Beginning, a found rebar and cap
L.S. #16842 also being a point on that parcel described at Plat Book 24 at Page 50 of the Pitkin County Clerk and
Recorders Office, Pitkin County, Colorado; thence along said boundary the following three (3) courses:
1) thence S. 60 °30'31" W. a distance of 583.78 feet to a rebar and cap L.S. #16842;
2) thence N. 33 °20'02" W. a distance of 449.66 feet to a rebar and cap L.S. #19598;
3) thence S. 64 °37'19" W. a distance of 95.74 feet;
thence leaving said parcel along an existing fence the following four (4) courses:
1) thence N. 41'12'00" W. a distance of 83.44 feet;
2) thence N. 49 0 17'26" E. a distance of 110.18 feet;
3) thence N. 26 °11'29" E. a distance of 131.35 feet;
4) thence N. 23 °54'20" E. a distance of 78.90 feet;
thence leaving said fence N. 73 0 57'52" E. a distance of 152.26 feet; thence N. 01'00'35" W. a distance of 279.87 feet;
thence N. 07 °57'36" E., a distance of 231.84 feet to an existing fence; thence along said fence the following two (2)
courses:
1) thence N. 06 °21'56" W. a distance of 196.57 feet;
2) thence N. 03 °10'33" W. a distance of 133.75 feet;
thence leaving said fence S. 81 °15'41" E. a distance of 762.88 feet; thence S. 67 °25'19" E., a distance of 309.53 feet to
the centerline of an existing road, also being a point on said parcel; thence along said centerline and said parcel the
following five (5) courses:
1) a distance of 66.30 feet along the arc of a non tangent curve to the left having a radius of 78.57 feet and a central angle
of 48 °20'52 ", chord bears S. 24 °50'43" W., a distance of 64.35 feet;
2) thence S. 00 °39'52" W., a distance of 242.43 feet;
3) thence S. 04 °10'34" W., a distance of 298.58 feet;
4) thence S. 1711'50" W., a distance of 44.47 feet to a point of intersection of an existing gate and said centerline;
5) thence leaving said centerline along said parcel S. 46 °27'36" W., a distance of 546.52 feet to the Point of Beginning.
PARCEL 2
That real property located in Sections 15 and 22, Township 8 South, Range 88 West of the 6th P.M. in Pitkin County,
Colorado, Commonly known as the Desandre Ranch and more particularly described as follows:
Lots 7, 8, 12 and 13 in Section 15 Township 8 South, Range 88 West of the 6th P.M. , except a tract of land out of Lot 12
as described in document recorded in Book 119 at Page 377 in the records of said Pitkin County.
Also the following described tract of land:
Beginning at the Northwest Corner of Lot 16 in Section 15, Township 8 South, Range 88 West of the 6th P.M.; thence
South 80 rods along the West line of said Lot 16 to a point where the center of the bed of Crystal River or Rock Creek
intersects the said West line of Lot 16; thence in a Northerly direction following the center of the bed of Crystal River or
Rock Creek to a point where the center of the bed of said Crystal River intersects the North line of said Lot 16; thence
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West along the North line of said Lot 16 to the place of beginning; said tract being that part of Lot 16 lying West of the
Crystal River or Rock Creek.
Also parts of Lots 1, 2 and 3 in Section 22, Township 8 South, Range 88 West of the 6th P.M., described as follows:
Beginning at the Northwest Corner of Lot 2, said Section 22, which corner is also the Quarter Corner between Sections 15
and 22, said Township and Range; and running thence South a distance of 1180 feet along the West line of said Lot 2 to a
point where the said West line of Lot 2 intersects the center line of the Crystal River; thence in a Northeasterly direction
along the Center line of said River; intersecting the line common to the East boundary of Lot 2 and the West boundary of
Lot 3, and intersecting the line common to the North boundary of Lot 3 and the South boundary of Lot 1, to a point where
the said center line of the Crystal River intersects the North boundary of said Section 22, which is also the North boundary
of Lots 1 and 2; thence West along the North boundary of Lots 1 and 2 to the place of beginning; the above described land
lying on the West side of the Crystal River.
I_1►1k
A tract of land situate in Section 15, Township 8 South, Range 88 West of the 6th Principal Meridian in Pitkin County,
Colorado, being more particularly described as follows:
Beginning at a point on the West line of Lot 14 of said Section 15 whence the S% corner of Section 15 bears S 69 °42'14"
E 1417.50 feet; thence N 01'09'37" E 2170.54 feet along the West line of said Lot 14; thence S 89 °01'12" E 265.66 feet
along the North line of said Lot 14; thence S 01'09'37" W 2171.38 feet along the East line of Lot 14; thence N 88 °50'23" W
265.66 feet to the Point of Beginning.
AND
All rights -of -way and easements pertaining to said property, and particularly all property described in that certain Quit
Claim Deed from the Crystal River Railroad Company to Laurent Desandre recorded January 4, 1946 in Book 170 at Page
246 of the Pitkin County, Colorado records.
LESS AND EXCEPT a tract of land granted to the Colorado Department of Highways as described in Book 188 at Page
371 of the Pitkin County Clerk and Recorder's Office, Pitkin County, Colorado more specifically described as follows:
in Lots 8, 12 and 16 of Section 15, Township 8 South, Range 88 West of the Sixth Principal Meridian, said tract or parcel
being more particularly described as follows:
Beginning at a point on the S. line of Section 15, from which point the S%< corner of Section 15, Township 8 South, Range
88 West bears West, a distance of 217.2 feet;
1. thence N. 17 °01' E., a distance of 3,225.5 feet to the N. line of Lot 8, Section 15;
2. thence West along the North line of Lot 8, Section 15, a distance of 125.5 feet;
3. thence S. 17'01'W., a distance of 2,862.4 feet to the West line of Lot 16, Section 15;
4. thence South along the West line of Lot 16, Section 15 a distance of 347.2 feet to the SW corner of Lot 16, Section 15;
5. thence East along the South line of Lot 16, Section 15, a distance of 19.2 feet, more or less to the Point of Beginning
PARCEL 3
A parcel of land situated in Lots 10, 11, 13, 14 and 15 of Section 10, the W'/ NW% and Lots 2, 3, 4, 5 and 6 of Section
15, and the NE% of Section 16, Township 8 South, Range 88 West of the Sixth Principal Meridian, Counties of Pitkin and
Garfield, State of Colorado, said parcel being more particularly described as follows:
Commencing at the West Quarter Corner of said Section 15, the True Point of Beginning; thence S 89 °34'16" W along the
East -West centerline of said Section 16 1673.20 feet to a rebar and cap L.S. #16842 in place, also being a point on the top
of a ridge; thence N. 26 °09'43" E along the approximate top of said ridge 1722.37 feet to a rebar and cap L.S. #16842;
thence continuing along said approximate ridge top N 46 °46'41" E 435.53 feet to a rebar and cap L.S. #16842; thence
leaving said ridge top S 89 °19'31" E 780.20 feet to a rebar and cap L.S. #16842; thence N 84 °08'31" E 634.56 feet to a
rebar and cap L.S. #16842; thence N 64 0 31'11" E 573.35 feet to a rebar and cap L.S. #16842 in an existing fence; thence
S 33 0 54'19" E along said existing fence 446.59 feet to a rebar and cap L.S. #16842; thence leaving said fence N 60 °44'24"
E 580.98 feet to a rebar and cap L.S. #16842; thence N 46 °16'28" E 546.12 feet to the point of intersection of an existing
road and the center of an existing gate; thence N 17 0 04'28" E along said road centerline 44.47 feet; thence continuing
along said centerline N 04 °03'12" E 298.58; thence continuing along said centerline N 00 °32'30" E 242.43 feet; thence
continuing along said centerline along the arc of a curve to the right having a radius of 78.57 feet and a central angle of
to
92 °16'59" a distance of 126.55 feet (chord bears N 46 °40'59" E 113.31 feet); thence continuing along said centerline S
87 °10'31" E 256.45 feet; thence continuing along said centerline N 82 °39'07" E 52.26 feet; thence continuing along said
centerline N 87 0 41'04" E 37.30 feet; thence continuing along said centerline S 88 °40 E 311.89 feet; thence continuing
along said centerline S 85 °46'24" E 102.51 feet; thence continuing along said centerline N 87 0 20'31" E 162.69 feet; thence
continuing along said centerline S 89 °34'18" E 418.20 feet; thence continuing along said centerline and centerline
extended S 87 °16'22" E 268.16 feet to a point in the centerline of the Crystal River; thence S 00 0 47'15" E along the
centerline of said River 395.37 feet; thence continuing along said centerline S 03°26'31" E 464.33 feet; thence continuing
along said centerline S 06 °15'45" W 450.47 feet; thence continuing along said centerline S 03 °02'39" E 317.27 feet;
thence continuing along said centerline S 08 0 18'59" E 572.83 feet; thence continuing along said centerline S 08 °25'34" W
270.68 feet; thence continuing along said centerline S 10 °53'51" W 146.52 feet to a point on the Southerly line of Lot 2 of
said Section 15; thence N 90 °00'00" W along the Southerly line of said Lot 2 and the Southerly line of Lot 6 of said Section
15 2629.38 feet to the Southwest Corner of said Lot 6; thence S 00 0 00'00" E along the Easterly line of Lot 5 of said Section
15 446.16 feet to the Southeast Corner of said Lot 5, also being a point on the East -West centerline of said Section 15;
thence S 89 °39'22" W along said centerline 1597.13 feet to the True Point of Beginning.
PARCEL 4
NE %, Section 21, Township 8 South, Range 88 West of the 6th P.M., County of Pitkin, State of Colorado.
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