HomeMy WebLinkAboutbocc.res.028.2016 CONTRACT 'WV 20/t
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY
REGARDING THE ENFORCEMENT OF RULES AND REGULATIONS ON
THE GLASSIER OPEN SPACE, EMMA FARMS TRAIL,AND GLASSIER
TRAILHEAD PARCEL
RESOLUTION ten-2016
Recitals
I. WHEREAS, in 2013, Pitkin County acquired fee title to the Saltonstall property
for open space and passive public recreation purposes; and
2. WHEREAS, in 2014, Pitkin County acquired fee title to the Glassier Ranch which
is contiguous to the Saltonstall property for open space and passive public
recreation purposes; and
3. WHEREAS, Eagle County partnered with Pitkin County on these purchases and
now holds conservation easements on the Saltonstall property and the Glassier
Ranch property;and
4. WHEREAS, the two properties have been collectively. named "Glassier Open
Space"(hereinafter the "Property' or"Glassier Open Space"); and
5. WHEREAS, the Glassier Ranch Open Space is owned,operated and managed by
Pitkin County and is located entirely in Eagle County; and
6. WHEREAS the Emma Farms Trail and the Glassier Trailhead Parcel have also
been added to this assemblage of properties and also lie entirely within Eagle
County.and
7. WHEREAS, Pitkin County and Eagle County desire to work cooperatively to
identify rules and regulations for the efficient and safe operation of the Property
and enforcement of the same.
S. WHEREAS, Pitkin County has heretofore approved an IGA providing for Pitkin
County's Open Space Rangers to patrol and enforce on these properties within
Eagle County.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County
Commissioners approves in substantially the form as attached hereto the First
Amendment to the Intergovernmental Agreement with Eagle County, Colorado
Resolution -2016
Page 2 of 3
Regarding the Enforcement of Rules and Regulations on the Glassier Ranch Open Space,
Emma Farms Trail and the Glassier"[railhead Parcel.
INTRODUCED, FIRST READ ON THE 131" DAY OF APRIL 2015,AND
SET FOR PUBLIC HEARING ON THE 27'h DAY OF APRIL,2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF
THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON
/7— /7 ,2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
POSTED ON THE OFFICIAL PITKINSCOUNTY WEB TE
trtncpitkincountv.corn )ON THE Pi DAY OF / p✓i / 2016.
ADOPTED AFTER INAL READING AND PUBLIC HEARING ON THE
7ct- DAY OF Ivi 2016.
PUBLISHED BY TITLE AND SHORT SIMMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 6 DAY OF /1/ c.,- 2016.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICIAL,r?ITKIN COUNTY WEBSITE (nww.oitkincountc.com )ON THE , -itL
DAY OF /7 tyvt / 2016.
ATTFT
CS : JJJ BOARD OF COUNTY COMMISSIONERS
leafletfffe Jones Rachel F. tchards, Chair
Dept'County Clerk)'
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
ter_—un—_-- --Th _ -
i _—
Joh` y, Co.my Aline' Jon P(------7--:____-)
acock, County Manager
(1t / 4 (i
Dale '"ill, Director W
Open Space and Trails
Resolution -2016
Page 3 of3
_ W4'Lai't
CONTRACT N�' i A0/G
FIRST AMENDMENT
TO INTERGOVERNMENTAL AGREEMENT BETWEEN
EAGLE COUNTY,COLORADO
AND
PITKIN COUNTY
4.
5 FIRST AMENDMENT("First Amendment")is effective as of the�7 day of
Yr( ,2016 by and between Pitkin County a body corporate and politic(hereinafter
"P' in")and Eagle County,Colorado,a body corporate and politic(hereinafter"Eagle").
RECITALS
WHEREAS,Eagle and Pitkin entered into an agreement dated on or about the 8t°day of
December,2015,("Original Agreement)to allow Pitkin County to enforce rules and regulations
on the Glassier Open Space,those portions of Emma Farm Conservation and Trail Easement
located in Eagle County,and the Glassier Trailhead Parcel;and
WHEREAS,there were inconsistencies in the definition of the term"Property"in the Original
Agreement,which could lead to confusion and Pitkin and Eagle wish to clarify this defined term
through this First Amendment.
FIRST AMENDMENT
NOW THEREFORE,in consideration of the foregoing and the mutual rights and obligations as
set forth below,the parties agree as follows:
1. The term"Property"or"Properties"as used in the Original Agreement shall include
Glassier Open Space,those portions of Emma Farm Conservation and Trail Easement
located in Eagle County,and the Glassier Trallhead Parcel,all as defined in Exhibit A
and depicted in Fxhibit B and Pitkin shall be allowed to enforce rules and regulations
thereon in accordance with the terms of the Original Agreement.
2. To the extent that the terms and provisions of the First Amendment conflict with,
modify or supplement portions of the Original Agreement,the tends and provisions
contained in this First Amendment shall govern and control the rights and obligations
of the parties.
3. Except as expressly altered,modified and changed in this First Amendment,all terms
and provisions of the Original Agreement shall remain in full force and effect,and are
hereby ratified and confirmed in all respects as of the date hereof.
4. This First Amendment shall be binding on the parties hereto,their heirs,executors,
successors,and assigns.
(Rest of Page Intentionally Left Blank]
sqP OV D AS j0 FORM
BY•�EM ( Ul
Alfonsin Obles
By:
Eagle County commissioners'°Ina
r
IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to the Original
Agreement the day and year first above written.
PIPKIN BOARD OFCO
COMMISSIONERS
By: - c:\
S - „ Chair (.l..Q.x .
All C
i
L Ai I , i • (-6
- to the Board
EAGLE BOARD OF COUNTY
COMMISSIONERS
By. • fIrylf01-4-44.
Attest: .k&ti NU Mr,Qv6Cn LJ
Clerk to the Board I
2
Earle Canty An adorn an Tam Fail MI
Exhibit A
Glassier Open Space Legal Description:
Saltonstall Portion:
Parcel 1,according to the Subdivision Exemption Plat,Red Ridge Subdivision Exemption,
recorded January 29,2013,as Reception No.201301849.
Glassier Ranch Portion:
ALL THAT PART OF TRACT 54(ALSO DESCRIBED AS LOTS 9,12,13AND 14 OF SEC.
10)AND THAT PART OF TRACT 55(ALSO DESCRIBED AS LOTS 22 AND 23 OF SEC. 3
AND LOTS 2,3,7 AND 8 OF SEC 10)ALL IN T.8 S.,R.87 W OF THE 6TH P.M.,
DESCRIBED AS FOLLOWS,TO WIT;BEGINNING AT THE SOUTHWEST CORNER OF
A.P.4 OF SAID TRACT 55(WHICH IS ALSO A.P.4 OF SAID TRACT54)THENCE N.
0°18'E.98.52 FEET;THENCE N.49°40'E.256.32 FEET;THENCE N.34°05'E.2193 FEET;
THENCE N.28°53'E.223.2 FEET;TFIENCE N.18°34'E.180.6 FEET;THENCE S.85'55.E.
588.0 FEET;THENCE N.87°30 E.502.8 FEET;THENCE N.6°31'E.697.05 FEET TO THE
NORTH LINE(BETWEEN A.P.2 AND A.P. l OF SAID TRACT 54:THENCE N.87°33'
E.962.69 FEET TO THE NORTHEAST CORNER(A.P.I)OF SAID TRACT 54;THENCE
5.0°23'E.2901.36 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 54 TO
THE SOUTHEASTERLY CORNER(AP.7)OF SAID TRACT 54;THENCE S.88°45'W.
1347.06 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 54 TO A.P.6 OF
SAID TRACT 54;THENCE N.88°19'W.1294.92 FCt.t ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT 54 TO A.P.5 OF SAID TRACT 54 AND THENCE N.0°18'
E. 136432 FEET TO A.P.4 OF SAID TRACT 54,THE POINT OF BEGINNING.
AND
A PARCEL OF LAND SITUATE IN TRACT 47,TOWNSHIP 8 SOUTH,RANGE 87 WEST
OF THE 6TH PRINCIPAL MERIDIAN,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT ANGLE POINT NO.7 OF TRACT 44,TOWNSHIP 8 SOUTH RANGE 87
WEST OF THE 6TH PRINCIPAL MERIDIAN;THENCE S 26°4935"E. 1472.92 FEET TO A
POINT ON THE SOUTH LINE OF SAID TRACT 47;THENCE N 87°33130"E.100.70 FEET
TO THE TRUE POINT OF BEGINNING(ALSO BEING A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF THE DENVER&RIO GRANDE WESTERN RAILROAD)
THENCE N 87°3300"E.882.30 FEET ALONG SAID SOUTH LINE OF TRACT 47 TO A
POINT ON THE CENTERLINE OF THE ROARING FORK RIVER;THENCE ALONG SAID
•
CENTERLINE OF THE ROARING FORK RIVER 11EE FOLLOWING COURSES:N.
82°4120'W.394.76 FEET;THENCE N.69°3330'W.234.78 FEET;HENCE N.40°23'15°W.
60.39 FEET;THENCE LEAVING SAID CENTERLINE OF THE.ROARING FORK RIVER
ON A COURSE BEARINGS.46°5420•W.316.09 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE TRACTS DESCRIBED IN DEED FROM FREDERIC L
GLASSIER AND FREDA L GLASSIER TO PETER I.GLASSIER AND SARAH E.
GLASSIER RECORDED JANUARY 12,1979 IN BOOK 280 AT PAGE 785 RECEPTION
NO;177194.
TOGETHER WITH AN EASEMENT OR RIGHT OF WAY OVER,THROUGH AND
ACROSS LOT 11 OF SECTION 3 AND LOTS 11,14 AND 15 OF SECTION 4IN
TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6T1I PRINCIPAL MERIDIAN FOR THE
PURPOSE OF DRIVING,TRANSFERRING AND MOVING LIVESTOCK BETWEEN THE
COUNTY ROAD AM)THE PUBLIC DOMAIN GRAZING PERMIT OF THE GRANTEE
HEREIN AND TOGETHER WITH THE RIGHTS OF SAID GRANTEE,THEIR HEIRS AND
INVITED GUESTS OF THE GRANTEE TO CROSS OVER SAID LANDS DURING WE
REGULAR HUNTING SEASON FOR THE PURPOSE OF HUNTING UPON SAID PUBLIC
DOMAIN.
Emma Farms Conservation Easement Legal Description:
OPEN SPACE PARCELS A&b AS SHOWN ON THE AMENEDED FINAL PLAT AND
SUBDIVISION EXEMPTION PLAT FOR EMMA FARMS RECORDED IN EAGLE
COUNTY ON JULY 30,2015 AS RECEPTION NO.201514392 AND IN PIT/CIN COUNTY
ON JULY 30,2015 AS RECEPTION 621981.
Glassier Trailhead Parcel Legal Description:
A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED 1N THE
DOCUMENT RECORDED AS RECEPTION NO.201301168 OF THE EAGLE COUNTY
RECORDS;SAID PARCEL OF LAND ALSO SITUATED IN A PORTION OF
GOVERNMENT TRACT 53 LYING WITHIN THE NE1/4 OF SECTION 10,TOWNSHIP 8
SOUTH,RANGE 87 WEST OF THE 6Th P.M.COUNTY OF EAGLE,STATE OF
COLORADO,SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT OF THE SOUTHERLY BOUNDARY OF SAID PROPERTY,
WHENCE ANGLE POINT NO.40F SAID TRACT53 BEARS 500 DEGREES 15'57"E,A
DISTANCE OF 393.45 FEET;THENCEALONG THE BOUNDARY OF SAID
PROPERTYAND EAST LINE OF SAID TRACT 1400 DEGREES 15'57"w,A DISTANCE OF
321.79 FEET;THENCE LEAVING SAID BOUNDARYSSI DEGREES 55'16",A DISTANCE
OF 276.98 FEET TO A POINT ON SAID BOUNDARY;THENCE ALONG SAID
BOUNDARY THREE(3)COURSES:
I. S 37 DEGREES 50'49"E, 166.72 FEET;
2. 91.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT,RADIUS OF 79.32
FEET,INCLUDED ANGLEOF 66 DEGREES 24'15"(CHORD S71 DEGREES 02'56",
86.87 FEET);
3. N75 DEGREES 44'56"E,36.18 FEET TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINING 43,560 SQUARE FEET OR L000 ACRES,MORE
OR LESS.
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• Glassier Open Space 0
Parcel Boundary �.�_� Emma Farms
Exhibit B • • Conservation Easement a NI 7312
- Glassier Trail Head Parcelap
11.... Emma FarmsTraa Easement e' un 8
_
Commissioner 11-11 W-•..4 moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADOyW
RESOLUTION NO.2016- S
RESOLUTION APPROVING FIRST AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT BETWEEN EAGLE COUNTY AND PITREN COUNTY REGARDING
ENFORCEMENT OF RULES AND REGULATIONS ON THE GLASSIER OPEN SPACE,
EMMA FARMS CONSERVATION AND TRAIL EASEMENT AND GLASSIER TRAIL HEAD
PARCEL
WHEREAS,on or about December 8,2015 Eagle County,Colorado(hereinafter"Eagle")and
Pitkin County,Colorado(hereinafter"Pitkin")entered into an Intergovernmental Agreement regarding
the enforcement of rules and regulations on identified open space lands(hereinafter"Original
Agreement';and
WHEREAS,the Original Agreement included some inconsistencies concerning the properties to
which the Original Agreement would apply and I9tkin and Eagle desire to clarify the same through the
First Amendment which is attached hereto as Exhibit is and
WHEREAS,C.R.S.29-7-101(2)provides in pan that any county shall have the power,authority
and jurisdiction to regulate and control public recreation lands and facilities owned or operated by a
county by promulgation of rules and regulations pursuant to resolution;and
WHEREAS,the Board of County Commissioners desires to approve the First Amendment by
through this resolution.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE,STATE OF COLORADO:
THAT,the First Amendment attached hereto as P,hibin l is hereby approved and any
commissioner may sign the First Amendment.
THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the
public health,safety and welfare of the residents of the County of Eagle,Slate of Colorado.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle,State of Colorado,at Its regular meeting held theta day of36+-4u02-st.a-1. 2016.
YED AS TO FORM
By:-)(u 1 •/40
Eap� s Office
By:
Eagle County Commissioners'Office
COUNTY OF EAGLE,STATE OF
dam` . •I LORADO,By and Through Its
CARD OF a COMMISS ONER;
ATTEST: * >R'
4 '
Clerk to the Ward of thy y-ndler•Henry
County Comm sbners 0'
one Mcoucene A,
lid H.Ryan
Commissioner
Commissioner IkAL Q/l1-tas- + seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Chandler-Henry t4.-... +
Commissioner McQueeney tA•.. •
Commissioner Ryan Xt.
This resolution passed by I O vote of the Board of County Commissioners of the
County of Eagle,State of Colorado