HomeMy WebLinkAboutbocc.con.339.2015 CONTRACT# 3f-Vo/s
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY
REGARDING THE ENFORCEMENT OF RULES AND REGULATIONS ON
THE GLASSIER OPEN SPACE
•
RESOLUTION#.455-2015
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, 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.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County
Commissioners approves in substantially the form as attached hereto the
Intergovernmental Agreement with Eagle County, Colorado Regarding the Enforcement
of Rules and Regulations on the Glassier Ranch Open Space.
INTRODUCED, FIRST READ ON THE ST}I DAY OF JULY 2015,AND
SET FOR PUBLIC HEARING ON THE 22r DAY OF JULY, 2015.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF
THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON
7- 4 ,2015.
Resolution a55 -2015
Page 2 of 10
•
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
POSTED ON THE OFFICIAL PITKIN COUNTY WE SITE
www.nitkincounty.com )ON THE 4'& DAY OF 2015.
ADOETED AFTER FINAL READING AND PUBLIC HEARING ON THE
#'1"`C DAY OF U/ t 2015.
PUBLISHED BY TITLE AND SHORT SUMMARY,A ER ADOPTION,IN THE
ASPEN TIMES WEEKLY ON THE SettDAYOF c// 2015.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE a
OFFICIAL IPPITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE9t/
DAY OF ctt4 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
r�By' l / BY: 57tArten (-- �XAaI
Jean: e Jones Steven F. Child, Chair
Dep y County Clerk
Date: 51i4 la (6
APPROVED AS TO FORM: MANAGER APPROVAL
J.,.n El -C6unty oar on Peacock, County Manager
wa
Dale Will, Director
Open Space and Trails
Resolution br6--2015
Page 3 of 10
CONTRACT N 33 y 2v/5
INTERGOVERNMENTAL AGREEMENT
BETWEEN
EAGLE COUNTY, COLORADO AND PITKIN COUNTY, COLORADO
REGARDING THE ENFORCEMENT OF RULES AND REGULATIONS
ON THE GLASSIER OPEN SPACE,EMMA FARMS TRAIL AND THE
GLASSIER TRAILHEAD PARCEL
THIS INTERGgVERNMENTAL AGREEMENT(the"Agreement") is
entered into on the S day ofsrn(;ccr-- , 2015, by and between
Eagle County,Colorado a body corporate and politic through its Board of County
Commissioners, 500 Broadway,Post Office Box 850,Eagle,Colorado 81637 (hereinafter
"Eagle")and Pitkin County,Colorado a body corporate and politic through its Board of
County Commissioners, 530 East Main Street,Aspen, Colorado 81611 (hereinafter
"Pitkin"). Pitkin and Eagle shall collectively be referred to as the"Parties".
RECITALS
WHEREAS, in 2013, Pitkin acquired fee title to the Saltonstall property for open
space and passive public recreation purposes; and
WHEREAS, in 2014, Pitkin acquired fee title to Glassier Ranch which is
contiguous to the Saltonstall property for open space and passive public recreation
purposes;and
WHEREAS, Eagle holds conservation easements on the Saltonstall property and
the Glassier Ranch property; and
WHEREAS, the two properties have been collectively named "Glassier Open
Space" (hereinafter the "Property" or "Glassier Open Space") and are described in
Exhibit A and depicted in Exhibit B which exhibits are attached hereto and incorporated
herein by reference;and
WHEREAS, The Emma Farms Trail and the Glassier Trailhead Parcel have also
been acquired by Pitkin County will assistance by Eagle County;and
WHEREAS, the Glassier Open Space, Emma Farms Trail and the Glassier
• Trailhead Parcel are owned, operated and managed by Pitkin County Open Space &
Trails;and
WHEREAS, the Glassier Open Space, Emma Farms Trail and the Glassier
Trailhead Parcel exist entirely within unincorporated Eagle County;and
WHEREAS, the Parties desire to set forth their understanding of the rules,
regulations and enforcement of the same on the Glassier Open Space, Emma Farms Trail
and the Glassier Trailhead Parcel ;and
WHEREAS, Pitkin and Eagle have enjoyed a cooperative relationship and
governmental entities are authorized to enter into intergovernmental agreements pursuant
to the provisions•of C.R.S. 29-1-203,
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the Parties agree to the following terms and conditions:
1. The Parties desire to rely on CR.S. 29-7-101 for adoption of rules and regulations
on the Property and enforcement of the same. C.R.S. 29-7-101 (I) generally
provides that any county may acquire and operate public recreation facilities,
Resolution big -2015
Pagc4 of 10 APP Ot/ED A$TO FORM
By: $ �i�,/ 4.-')
a e aunty Attorney's Office
By:
C15-463 Eagle County Commissioners'Office
open space and parklands either within or without the corporate limits of such
county and expend funds therefor and for all purposes connected therewith.
2. C.R.S. 29-7-101(2) states that "Any county through its board of county
commissioners shall have the power, authority and jurisdiction to regulate and
control public recreation lands and facilities owned or operated by the county by
promulgation of rules and regulations pursuant to a lawfully adopted resolution."
3. The Pitkin County Code includes Title 12 concerning Open Space and Trails
which allow for regulation of its open space and trails and related enforcement
and penalties ("Title 12").
4, Pursuant to Resolution No. p7.0-2015 Pitkin established that Title 12 shall
apply to the Glassier Open Space, Emma Farms Trail and the Glassier Trailhead
Parcel which is part of the Pitkin County Open Space and Trails Program and
Eagle County hereby acknowledges that Title 12 and enforcement thereof is
applicable to the Glassier Open Space, Emma Farms Trail and the Glassier
Trailhead Parcel .
5. C.R.S. 29-7-101(2) provides in part that "Mt is the duty of the Sheriff and the
sheriffs undersheriff and deputies, in their respective counties, as well as any
county enforcement personnel authorized and appointed as described in
subsection (3),to enforce the rules and regulations adopted pursuant to subsection
(2), and the county courts in their respective counties have jurisdiction in the
prosecution of any violation of a rule or regulation adopted pursuant to subsection
(2)." Further, C.R.S. 29-7-101(3).provides, "[On addition to the enforcement of
the rules and regulations by the sheriff, and undersheriff, or a deputy sheriff, a
board of county commissioners may by resolution designate specific other county
personnel, however titled or administratively assigned, to enforce rules and
regulations duly adopted by the county to control and regulate the use of county •
public lands and recreation facilities, by issuance of citations or summonses and
complaints."
6. Pitkin employs Open Space & Trail Rangers who are responsible for enforcing
Title 12. Through its Resolution No. 020-2016 , Pitkin expressly authorized
its Open Space & Trail Rangers to enforce Title 12 on the Property including
issuance of penalty assessments in accordance with C.R.S. 29-7-101 and Title 12
and Eagle County hereby acknowledges and consents to the same.
Resolution 016--2015
Page 5 of 10
7. Pitkin Open Space & Trail Rangers do not have the power to arrest or to execute
warrants and shall not have authority to enforce any other resolution, Resolution,
or statue unless otherwise provided by law.
8. The Eagle County Sheriff shall have concurrent jurisdiction to provide law
enforcement services with Pitkin Open Space & Trail Rangers on the Glassier
Open Space,Emma Farms Trail and the Glassier Trailhead Parcel .
9. Pitkin shall at all times be responsible for its Open Space and Trail Rangers in the
performance of their duties. The Pitkin Open Space & Trail Rangers are not
working at the direction of or under the supervision of the Eagle County Sheriff
and Eagle and its Sheriff shall have no responsibility therefor.
10. All fines and forfeitures for the violation of Title 12 on the Property shall be paid
into the treasury of Eagle County or to the Eagle County courts as applicable.
11.This Agreement shall terminate upon thirty (30) days prior written notice by
either party.
12. This Agreement may be amended only by written agreement executed by both
•
Parties.
13.Neither party to this Agreement is relying on, and does not waive, or intend to
waive by any provision of this Agreement, the monetary limitations or any other
rights, immunities and protections provided by the Colorado Governmental
Immunity Act,C.R.S. 24-10-101, et seq, as from time to time amended, or
otherwise available to the Parties,their officers or their employees.
14. Any notices, demands or other communications regarding this Agreement, shall
be given in writing, delivered personally or sent by U.S Mail, addressed to the
parties at the addresses set forth below or at such other addresses as either party
may hereafter or from time to time designate by written notice to the other party.
Pitkin County:
Pitkin County Open Space and Trails Program
Courthouse Plaza
530 E.Main St. 3rd Floor
Aspen, CO 81611
with a copy to:
John Ely, Pitkin County Attorney
Courthouse Plaza
Rcsouhao 01515-
-2015
Page 6 of 10
530 E. Main St. 3rd Floor
Aspen, CO 8161 I
Eagle County:
Eagle County Open Space
P.O. Box 850
500 Broadway
Eagle,CO 81631
with a copy to:
Eagle County Attorney
P.O. Box 850
•
500 Broadway
•
Eagle,CO 81631
15.Al] recitals are incorporated by reference herein and shall be deemed to be a part
of the substantive terms of this Agreement.
16.This Agreement represents the entire agreement between the Parties and there are
no oral or collateral agreements or understandings.
17. This Agreement shall be governed by the laws of the State of Colorado. Venue for
any dispute between the Parties concerning this Agreement shall be in the courts
of Eagle or Pitkin County,State of Colorado.
18.None of the terms, conditions or covenants contained in this Agreement shall be
deemed to be for the benefit of any person not a party hereto.
19. If any clause or provision herein contained shall be adjudged to be invalid or
unenforceable by a court of competent jurisdiction or by operation of any
applicable law, such invalid or unenforceable clause or provision shall not affect
the validity of the Agreement as a whole and all other clauses or provisions shall
be given full force and effect.
20.No party to this Agreement shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other party.
21. The provisions of this Agreement shall bind and shall inure to the benefit of
parties hereto and to their respective successors and permitted assigns.
22. Notwithstanding anything to the contrary contained in this Agreement,no
payment will be made for any period after December 31'of any calendar year
Resolution/it).— -2015
Pege7of10
without the written approval in accordance with a budget adopted by the
respective Boards of the parties in compliance with the provisions of Article 25,
Title 30 of the Colorado Revised Statutes, the Local Government Budget Law
(C.R.S. § 29-1-101 et seq.)and the TABOR Amendment(Colorado Constitution,
Article X,Sec.20).
PITKIN COUNTY, COLORADO
By and Through its BOARD OF COUNTY
COMMISSIONERS �9
BY: 5tirerA
Steve F. Child, Chair
Attest
By:
IL nicer)
of to the Board /
II COUNTY OF EAGLE, STATE OF
COLORA I.a,By and Through Its B• • RD
OF CO YCo IMISSIO ' RS
din
/
�r�4e it Jai//
f rllAtad
Attest• • �6"- < t .thy Chandler-Henry,Chai1
By: P.i. _ = C
Teak J. Simonton,Clerk to the :oar.
Resolution 055 -2015
Page 8 of 10
Exhibit A
Glassier Open Space Legal Description:
Saltonstall 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, I3AND 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.
0°18' E. 98.52 FEET; THENCE N. 49°40' E. 256.32 FEET; THENCE N. 34°05' E. 219.5 FEET;
THENCE N. 28°53'E. 223.2 FEET;THENCE N. 18°34'E.180.6 FEET; 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. I 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. 0°18'
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°49'35" E. 1472.92 FEET TO A
POINT ON THE SOUTH LINE OF SAID TRACT 47;THENCE N 87°33'00" 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°33'00" 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 I lIE FOLLOWING COURSES: N.
82°41'20" W. 394.76 FEET; THENCE N.69°3310" 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°54'20" 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.
Those Portions of Emma Farms Conservation Easement Legal Description and Emma
Farms Trail Legal Description located in Eagle County. The Emma Farms Conservation
Easement and Emma Farms Trail are fully described as follows:
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 PITKIN COUNTY
ON JULY 30, 2015 AS RECEPTION 621981.
A STRIP OF LAND FOR THE PURPOSE OF A TRAIL EASEMENT SITUATE IN SECTION
10, TRACT 57, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE
MERIDIAN, COUNTIES OF EAGLE AND PITKIN, STATE OF COLORADO,ALL
BEARINGS RELATIVE TO A BEARING OF N88 DEGREES 57' 50"E ALONG THE
SOUTH LINE OF SAID TRACT 57 BETWEEN ANGLE POINT 3 OF SAID TRACT 57, A
USGLO BRASS CAP IN PLACE AND ANGLE POINT 3 OF TRACT 64, A USGLO BRASS
CAP IN PLACE, SAID STRIP OF LAND BEING FIFTEEN (15)FEET WIDE, SEVEN AND
ONE-HALF(7.5) FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT SAID ANGLE POINT 3 OF TRACT 57; THENCE ALONG SOUTH
LINE OF SAID TRACT 57 N88 DEGREES 57'50"E 376.30 FEET TO THE TRUE POINT OF
BEGINNING; THENCE DEPARTING SAID SOUTH LINE N22 DEGREES 12'27"W 729.81
FEET; THENCE N00 DEGREES 06' 24" W 91.36 FEET, THENCE NI3 DEGREES 49' 53"
W221.56 FEET; THENCE N 14 DEGREES 17'32"W60.73 FEET; THENCE N09 DEGREES
12' 25"W 150.96 FEET; THENCE N11 DEGREES 46'02"W169.93 FEET; THENCE N18
DEGREES 26'50"W 196.35 FEET; THENCE N00 DEGREES 13'51"W 50.11 FEET; THENCE
N25 DEGREES 07' 29"W 64.94 FEET; THENCE N38 DEGREES 03'08" W281.71 FEET;
THENCE N18 DEGREES 02'26"W 85.78 FEET; THENCE N18 DEGREES 32'46"W136.70
FEET; THENCE N43 DEGREES 09'53" 180.91 FEET; THENCE N13 DEGREES 46'36"
EAST 395.39 FEET; THENCE N27 DEGREES 21'18"W 121.47 FEET TO A POINT ON THE
SOUTH LINE OF TRACT 54, THE POINT OF TERMINUNS, SIDE LINES TO BE
LENGTHENED OR SHORTENED TO CLOSE WITH PROPERTY LINES.
LESS AND EXCEPT ANY PORTION OF THE ABOVE DESCRIBED EASEMENT WHICH
IS LOCATED ON PROPERTY OWNED BY PITKIN COUNTY.
Glassier Trailhead 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 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. 4OF 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 N00 DEGREES 15'57"w, A DISTANCE OF
321.79 FEET; THENCE LEAVING SAID BOUNDARYS5I 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 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 1.000 ACRES, MORE
OR LESS.
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• Glassier Open Space /�
Parcel Boundary Emma Farms , I
to 1 Feet
Exhibit B -" Conservation Easement o aes 730
Glassier Trail Head Parcel _ _ `,,,_,
mamaEmma FarmsTrail Easement __,._ --- _.