HomeMy WebLinkAboutbocc.con.414.2016 CONTRACTM // '__
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 ilQ''�`u -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.
8. 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 -21116
Page 2 o[3
Regarding the Enforcement of Rules and Regulations un the Glassier Ranch Open Space,
Emma Farms Trail and the Glassier itrailhead Parcel.
INTRODUCED, FIRST READ ON THE 13T11DAY OF APRIL 2015,AND
SET FOR PUBLIC HEARING ON THE 271h DAY OF APRIL,2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF
THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON
Ay- /t ,2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
POSTED ON THE OFFICIAL PITKINACOUNTY WEB TE
tnse.nitkincountc.com )ON THE /Y DAY OF / IJve / 2016.
ADOPTED AFTER INAL READING AND PUBLIC HEARING ON THE
,,qc4- DAY OF J4IwI / 2016.
PUBLISHED BY TITLE AND SHORT SUMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE & MDAY OF n'l at 2016.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE, eL
OFFICIAL fITKIN COUNTY WEBSITE (wwn.nitkincountv.com )ON THE 24
DAY OF 1 wt / 2016.
Al TEST: BOARD OF COUNTY COMMISSIONERS
BY /f.�'oles /Mil By' — <S-{1:
( \.
Jeanef a Jones Rachel E. 'chards, Chair
Depry County Clerk;
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
_- S / (---------/-.
Jo a` y, Co. y-At�ne Jon P ,County Manager
/ , %1
Dale 'ill, Director W
Open Space and Trails
Resolution -2016
Page 3 of 3
FIRST AMENDMENT CONTRACT#I_(1- :20/6
TO INTERGOVERNMENTAL AGREEMENT BETWEEN
EAGLE COUNTY,C0LORADO
AND
PITKIN COUNTY
4.
5 Fll{ST AMENDMENT("First Amendment")is effective as of the 17 day of
iv( ,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 So 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 Traklhead 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 Fenn Conservation and Trail Easement
located in Eagle County,and the Glassier Trailbead Parcel,all as defined in UnkiLA
and depicted in Exhibit 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 terms 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 MI 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 lnteemionaBy Left BlankJ
�{ yA,�S j0 FORM
By:--)1470,421
a gNlt�tAtt°r ens Office
By:
Eagle County Commissioners'Office
IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to the Original
Agreement the day and year first above written.
PRKIN BOARD OF CO
COMMISSIONERS
<2\
�y
SBqy: -\
At[ .t:
. al .A' t 4
to the Board
EAGLE BOARD OF COUNTY
COMMISSIONERS
By: • pr�Jetkinnc ,
,r
` nC'j
Attest:
Clerk to the Board
2
E*roomy Ameaamm,Ext Tum Foul M4
Exhibit A
Glassier Open Space Legal Description:
Saltenstall Portion:
Parcel I,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 TRACT 54)THENCE N.
098'E.9852 FEET;THENCE N.49°40'E.256.32 FEET;THENCE N.34'05'E.2195 FEET;
THENCE N.28°53E.223.2 FEET;THENCE N.18°34'£180.6 1-hb1;THENCE S.85°55'E.
588.0 FEET;THENCE N.87°10 E.502.8 FEET;THENCE N.6'31'E.697.05 FEET TO THE
NORTH LINE(BETWEEN A.P.2 AND A.P. 1 OF SAID TRACT 54;THENCE N.87°33'
E.962.69 FEET TO THE NORTHEAST CORNER(A.P.1)OF SAID TRACT 54;THENCE
S.0°23'E.2901.36 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 54 TO
THE SOUTHEASTERLY CORNER(A.P.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 FEET ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT 54 TO A.P.5 OF SAID TRACT 54 AND THENCE N.098'
E. 1364.32 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 87.3300"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 SAN
•
CENTERLINE OF THE ROARING FORK RIVER 111E FOLLOWING COURSES:N.
82°4120"W.394.76 FEET;THENCE N.69°3330"W.234.78 FEET;HENCE N.40°23'1S"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 J.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 41N
TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN FOR THE
PURPOSE OF DRIVING,TRANSFERRING AND MOVING LIVESTOCK BETWEEN THE
COUNTY ROAD AND 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 THE
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 THIN AMENEDED FINAL PIAT AND
SUBDIVISION EXEMPTION PIAT FOR EMMA FARMS RECORDED IN EAGLE
COUNTY ON JULY 30,2015 AS RECEPTION NO.201514392 AND IN PITON COUNTY
ON JULY 30,2015 AS RECEPTION 621981.
Glassier Trailbead Parcel Legal Description:
A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN 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 NEI/4 OF SECTION 10,TOWNSHIP 8
SOUTH,RANGE 87 WEST OF THE 61.8 P.M.COUNTY OF EAGLE,STATE OF
COLORADO,SAID PARCEL OF LAND BENNG MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT OF THE SOUTHERLY BOUNDARY OF SAID PROPERTY,
WHENCE ANGLE POINT NO.4OF SAID TRACT53 BEARS 500 DEGREES I S'S7"E,A
DISTANCE OF 393.45 FEET;THENCEALONG THE BOUNDARY OF SAID
PROPERTYAND EAST LINE OF SAID TRACT NO0 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:
1. S 37 DEGREES 50'49"E, 166.72 FEET;
2. 91.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT,RADIUS OF 7932
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 1.000 ACRES,MORE
OR LESS.
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11,1
Engle County `,
•
PI•In County
Q Glassier Open Space 0
Parcel BoundaryEmma Farms
Exhibit B :•:' Conservation Easement o ��
- Glassier TraH Head Parcel
Emma FarmsTrail Easement T_y
. _
Commissioner g—Ylel-rn moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADOu
RESOLUTION NO.2016.. W, S
RESOLUTION APPROVING FIRST AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT BETWEEN EAGLE COUNTY AND PITEAf COUNTY REGARDING
ENFORCEMENT OF RULES AND REGULATIONS ON THE CLASSIER OPEN SPACE,
EMMA FARMS CONSERVATION AND TRAIL EASEMENT AND GLASSIER TRAIL HEAD
PARCEL
WHEREAS,on or about December S,2015 Eagle County,Colorado(hereinafter"Eagle')and
Pitkin County,Colorado(hereinafter"Pitkin')entered into an Intergovernmental Agreement regarding
the enforcement of mks and regulations on identified open space lands(hereinafter"Original
Agreement");and
WHEREAS,the Original Agreement included some inconsistencies concerning the properties m
which the Original Agreement would apply and Pitkin and Eagle desire to clarify the same through the
First Amendment which is attached hereto as Exh it1:and
WHEREAS,CRS.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■
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 exhibit 1 is hereby approved and any
commissioner may sign the First Amendment.
THAT,the Board hereby fords,determines and declares that this Resolution is necessary for the
public health,safety and welfare of the residents of the County of Eagle,State 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 the VS day af31os+unee—i-. 2016.
1fED AS TO FORM
By: W l
Eap�f /40 p Olfl a
By:
Eagle Comely Commissioners'Office
COUNTY OF EAGLE,STATE OF
dtMla ••LORADO,By and Through Its
OARD OF a COMMISS ONER
ATTEST: * r • //
c_
SU.Au .i . . :y: Iil...t !. !! '
Clerk to the&rd of ' thy y-.ndler-Henry
County Commissioners
VENI RCh 'r
lane McQueen A
Ji .!n H.Ryan
Commissioner
Commissioner Y .L. an • • As.," seconded adoption of the foregoing resolution. The roll having
been called,the vole was as follows:
Commissioner Chandler-Henry �. ,y
Commissioner McQueeney 4-,.
Commissioner Ryan
This resolution passed by r 0 vote of the Board of County Commissioners of the
County of Eagle,State of Colorado