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HomeMy WebLinkAboutC05-104 Basalt & Rural Fire Protection District IGA 111r.~ 11111111 II III II 11I1 II 9113'17 eIJG---/ OJ/' --1::f f Page: 1. 18 04/06/2005 03:41P Teak J Simonton Eagle, CO 23 R 0.00 D 0.00 INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE BASALT & RURAL FIRE PROTECTION DISTRICT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of this day of March, 2005, by the County of Eagle, a political subdivision ofthe State of Colorado (hereinafter referred to as the "County") and the Basalt & Rural Fire Protection District, a quasi-municipal Corporation and political subdivision of the State of Colorado (hereinafter referred to as the "District"). Collectively these entities are also referred to as the "Parties. " RECITALS: WHEREAS, effective on April 21, 2003, the County adopted the Eagle County Wildfire Regulations, together with appendices and amendments thereto as set forth in County Resolution No. 2003-009; and WHEREAS, effective on January 1, 2004, the County adopted the International Building Code, 2003 Edition, together with appendices and amendments thereto as set forth in County Resolution No. 2003-165; and WHEREAS, effective on January I, 2004, the County adopted the International Fire Code, 2003 Edition, together with appendices and amendments as set forth in County Resolution No. 2003-165; and WHEREAS, the Basalt & Rural Fire Protection District administers fire protection for all the properties within its boundaries; and WHEREAS, the County has established, advertised and hired for the position of County Building Inspector, pursuant to Section 30-28-114, Colorado Revised Statutes; and WHEREAS, the Fire Chief or his designee of a Fire Protection District conducts Fire Code inspections and plan reviews; and WHEREAS, the County desires to designate the Fire Chief or his designee of the Fire Protection District the title of County Deputy Building Inspector only for the purpose set forth herein; and WHEREAS, the County has the power to issue and withhold building permits pursuant to Sections 30-28-205 and 32-1-1002(l)(d), Colorado Revised Statues; and WHEREAS, the Colorado Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, the purposes of this Intergovernmental Agreement is to provide plan review, fire code inspection and fire code enforcement as set forth herein within the Fire Protection Area which is more particularly described in the attached Exhibit "A" (hereinafter referred to as the "Fire Protection Area"). NOW, THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. The County shall designate the Fire Chief or his designee of the Fire Protection District the title of County Deputy Building Inspector only for the purpose set forth herein. 2. The County shall provide the District all building plans for all occupancies except Group R-3 and Group U as defined by the Building Code, to be constructed or located within the Fire Protection Area. The District shall, through the Fire Chief or his designee, provide plan review comments to Eagle County within two weeks upon receipt of building plans, inspections and code enforcement as to the fire prevention and suppression portions of the plans and construction for all such occupancies. Code enforcement (beyond stop work orders) will be done jointly with the County. 3. The County may not issue a building permit for any structure unless such building plans demonstrate compliance with the County's Building Code and Fire Code and shall not issue a certificate of occupancy, whether temporary or final, for any structure, except Group R-3 and Group U occupancies, located within the Fire Protection Area until after approved final inspection and signature by the Fire Chief or his designee. 4. The County shall provide the Fire Chief or his designee all applicable land use applications within the Fire Protection Area. The District, acting through the Fire Chief or his designee shall provide application review, inspections and enforcement as to the fire prevention and suppression portions of the applications and supporting plans. Enforcement shall be done jointly with the County. 5. Within thirty (30) days of executing this Intergovernmental Agreement, the District shall submit comments on all pending applicable land use applications and pending building permit plans within the Fire Protection Area. 6. The District shall issue permits for the installation of fire alarms and fire sprinklers for all occupancies except R-3 and Group U and collect and retain fees as stipulated in the Eagle County Building Resolution. 7. The Fire Chief or his designee shall at all times have and maintain all licenses, certificates, credentials and education as are required under the laws of the State of Colorado, the Building Code and Fire Code to perform plan review and issue building permits and certificates of occupancy, and inspect structures relative to fire safety (including fire sprinkler) and Fire Code compliance. 2 8. The District agrees, to the extent permitted by law, to indenmify, defend and hold harmless the County, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of actions whatsoever, arising out of or related to the Fire Protection District's intentional or negligent acts, errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. Except that neither the District, its agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any negligent act by the County during the performance of this Intergovernmental Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to the District or the County under the Governmental Immunity Act, Section 24-10-101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. This indemnity provision specifically includes all general building inspection services performed by, or on behalf ofthe Fire Protection District prior to the effective date ofthe agreement. 9. In performing any acts or duties contained in this Intergovernmental Agreement, the Fire Chief or his designee will remain an employee of the District for all purposes, including but not limited to all employment related laws and regulations including payment of Worker's Compensation and compliance with the Federal Fair Labor Standards Act, and shall not be considered an employee of the County. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Intergovernmental Agreement shall result in, or be construed as establishing, an employment relationship. The Fire Chief or his designee shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or the District shall be, or deemed to be, the employee, agent or servant of the County. The Fire Chief or his designee shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of the County. 10. Each party to this Intergovernmental Agreement shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this Agreement. 11. This Intergovernmental Agreement shall automatically be renewed on the first day of January of each year hereafter unless earlier terminated by either party, with or without cause, by giving thirty (30) days written notice to the other party. 12. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. 13. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed 3 to the parties as follows: The Basalt & Rural Fire Protection District 1089 JW Drive, Post Office Box 801 Carbondale, Colorado, 81623 Eagle County Chief Building Official c/o Dan Stanek 500 Broadway Post Office Box 850 Eagle, Colorado 81631 14. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the County, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the County, the District, or any other entity not a party hereto. 15. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 16. This Agreement may be amended from time to time by a written agreement duly authorized and executed by the all the Parties to this Agreement. 17. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. EXECUTED as of the date first written above. COUNTY OF EAGLE, STATE OF COLO , by and through its BO UNTY COMISSIONERS BY: . Am. ~ eak J. Simonton, erk to the ofc~~ers '. 0 eter F. Runyon, Commissioner lro : ~ l~ cotoaeo.'O TS~e~an 4 BASAL T & ATTEST: By: Title: G:\ WM\IGA with Gypsum Fire District2.DOC 5 , 1, " IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN AND THE STATE OF COLORADO No. 4143 , IN RE: THE ORGANIZATION OF THE ) I ) BASALT AND RURAL FIRE PROTECTION ) ORDER AND DECREE ) DISTRICT, EAGLE AND PITKIN COUNTIES,) ) COLORADO ) The above entitled proceeding came on for hearing the 30th day of March , 1970 and was continued to the 7th day of April, 1970 and to the 20th day of April, 1970, upon the petition heretofore filed herein and upon order of Court, hearing was held on this date and the Court having considered said petition and having heard the testimony of witnesses and the statements of counsel on said petition and now being fully advised in the premises. \ And it further appearing that a petition for exclusion of certain lands from the proposed fire protection district having been filed herein and the Court having considered said petition and having heard the statements of counsel and now being fully advised in the premises concerning said petition, THE COURT DOTH FIND AS FOLLOWS: That the petition for the organization of said Basalt and Rural Fire Protection District has been filed and presented in conformity with the statutes in suc1~ase made and provided. That the allegations of the petition are true and that the petition is signed by more than fifty (50) taxpaying electors of the District as defined by the statutes. That the petitioners have complied with the requirements of Article 18, Chapter 89, CRS, 1963 and copies of the Resolution,of Approval of the Service Plan of the proposed district from the Boards of County Commissioners of Pitkin and Eagle Counties are attached to the Petition. , EXHIBIT I Pr That notice of hearing upon said petition has been given for the time and in the manner prescribed by. law by publication in the Aspen Times, a newspaper of general circulation in said proposed district, Pitkin and Eagle Counties, State of Colorado. . That a copy of the notice of this hearing has been duly maUed by Registered United States mail to the Board of County Commissioners of the Counties of Pitkin and Eagle, State of Colorado, and to the Board of Trustees of the Town of Basalt, Colorado. That one Hundred Dollars ( $100.00) has been filed with security approved by this Court conditioned for the payment of all expenses connected with this proceeding in case organization of said District be not effected. That a petition for exclusion of certain land in theproposed district has been fHed and presented in conformity with the statutes in in such case made and provided. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT: That said District has been duly and regularly organized and shall be known as "THE BASALT AND RURAL FIRE PROTECTION DISTRICT" , in EAGLE AND PITKIN COUNTIES, COLORADO and that the boundaries of said District shall be as follows: Beginning at a point on the Pitkin County-Gunnison County line at a point on the county line where the Range line between - Ranges 87 and 88 West of the 6th P, M. extended Southerly crosses that county line; thence Northerly along .the Range line between Ranges 87 and 88 West of the 6th P. M. to the Northwest corner of Section 6 Twp, 9S. I R 87 W. of the 6th P. M. ; thence Easterly along the Township line to the Southwest corner .of Section33, Twp 8S., R. 87 W. of the 6th P. M.; thence Northerly along Section lines to the Northwest corner of Section 16, Twp 7S. , R. 87 W. of the 6th P. M. ; thence Easterly to the South quarter corner (S 1/4) of Section 10, same Township and Range; thence North to the South quarter corner ( S 1/4 ) of Section 34, Twp. 6 S., R. 87 West of the 6th P. M. ; thence East along the Twonship lines extended to the . Southeast corner of Section 31, Twp. 6 S., Range 84 West of the 6th p. m. thence South on Section line approximately three (3) miles to a point in unsurveyed Twp 7 S. , R. 84 W. of the 6th P. M. ; thence due East approximately fifteen (15) miles; thence due South approximately five and one-fourth ( 5 1/4 ) miles to a point on the Eagle County- Pitkin County line; thence East on the Eag Ie County-Pitkin County line to the common corner of Lam County-Pitkin County-Eagle County; thence South and West along the Lake County-Pitkin County line to the intersection of the Dist rict line with the County line heretofore described thence along the South line of the District as heretofore described to its beginning point on the Pitkin. County-Garfield County line; thence Westerly to the point of beginning. Eagle and Pitkin Counties, State of Colorado. - .< . , !, .. ~! . I '. t i I I I Excepting however from said District any lands lying within the .\ foll:owing described parcels or tracts: , I PARCEL I: I , I I' A tract of land being part of'Sections 1 and 2, Township 10 i South; Range 86 \-lest of the 6th Principal Heridan; part of I Sections 7. 8, 19 and 20, and all of Section 18; Township I 9 South, Range 85 Wast of the 6th Principal Meridan; and I part of Sections 11, 12, 14, 22, 23, 25, 26, 27, 34, 35 and 36 and all of Sections 13 and 24; Tovmship 9 South, Range 86 .' '.. Hest of the 6th Principal Neridian, County of Pitkin, State I of Colorado. . Sai.d tract is more fully described as follows: I Beginning at the Northwest corner of Section 2, Town~hip 10 I I South, Range 86 Hest; Thence N 890l.1'31" E 178.50 ft. to the Northwest c.orner of Lot 17, Section 2; I Thence S 0003'07" W 2576.81 ft. along the He'st line of Lots i I 17 and 18 to the South\o7est corner of Lot 18, Section~; I Thence S 89042116" E 1064.22 ft. al~ng the South line of said Lot 18; Thence North 313.50 .ft. along the Easterly line of Lot 18; I Thence N 89059'24" E 344.73 ft. along the Southerly line of Lot 19, Section 2; Thence N 22'050 I 35 Ii' E 337.99 ft; Thence N 79035 '35" E l.28.73 ft.; Thence N 660[.9' 35" E 338.'50 it.; I Thence N 57058135" E 349.67 ft.; Thence N 74059 '23" E 783.l.3 ft.; Thence N 49043'01" E 617.27 ft.; Th~nce N 88007'43" E 830.93 ft.; l Thence S 70046146" E [.45.70 ft.; Thence N 64024'10" E 418.08 ft.; Thence N 74~5'22" E 227.79 ft.; Thence S 77036'35" E 416.91 ft.; . Thence N 76021123" E 95.71 ft.; . Thence N 22032142" E 254.42 ft.; Thence N 83022 r 55" E 351.44 ft.; Thence N 2042'14" E 159.97 'ft.; . . , a "- " , I I , I I i I , . I Thence N 22009'2711 E 272.48 ft.; I I Thence N 51024IL.9" E 158.08 ft.'; I Thence N 810/.7 '24" E 153.22 ft.; I Thence N 7202211511 E 286~18 ft.; I Thence S 75029'29" E 227.66 ft.; I Thence H 3055'14" \11196.33 ft.; Thence N 15027'00" E 0.52 ft. to the ~orth line of Section 1 Township 10 South, Range 86 West from whence the North 1/4 corner of said Section 1 bears N 88059'43" E 296.88 ft.; , Thence N 15027'00" E 1176.83 ft.; I Thence N 52030'00" E 300.00 ft.; Thence N 71016' 00" E L~OO. 00 ft.; Thence N 16045'00" E 860.00 ft.; Thence N 6015' 00" "1 1168.00 ft.; Thence N 7045'00" E 480.00 ft.; I Thence N 72045'00" E 580.00 ft.; Thence N 44030'00" E 370.00 ft.; Thence N 35045'00" E 950.00 ft.; Thence N 9045'00" E 420.00 ft.; , Thence N 40055 'DO" VI 53.85 ft.; Thence N 40~56'351J vI 296.86 ft.; . Thence N 4000'13" '" 441.44 ft.; Thence N 11058'4/." E 507.57 ft.; Thence N 18043'29" "1 467.42 ft.; I I I Thence N 18043'29" W 506.58 ft.; ! Thence N: 3047'05" E 408.33 ft.; Thence' N 9040'28" E 700.47 ft.; Thence N 19041'02" IE 502.02 ft.; Thence N 67010'32" E 276.01 ft.; Thence N 34026'22" E 431.15 ft.; . Thence N 55016' 36" E 1387 .14 ft.; Thence N 60019'51" E 605.69 ft.; Thence N 89019'26" E 973.57 ft.,; Thence N 89019'17" E 29.21 ft.; Thence N 78041' 35" E 749.00 ft.; I Thence S 86058'51" E 283.51 ft.; Thence S 53028'38" E 222.40 ft.; Thence S 89059'44" E 419.17 ft.; I Thence N 63042 '15 11 E 356.33 ft. j " . ~ \\ , " \, I '- j I t I I , , , I I I Thence S 76039'31" E 684.42 ft. to the Southeast conler of Section 19, Township 9 South, Range 85 West; I Thence N 0012'l~7" \01 110.29 ft. to ~he Southl>lest corner of I Section 20, To~~ship 9 So~th, Range 85.West; Thence S 89059'l.8" E 2647.03 ft. to the South 1/4 corner of Section 20; I Thence N 89013'34" E 32.57 ft.; Thence S 89058'11" E 1310.86 ft.; Thence North 1321.07 ft.; Thence \-lest 3989:43 ft. to the East line of Section 19; I Thence N 0002'41" E 1320.60 ft. along the East line of Section 19 . , Thence N 0001'14" W 2631.86 ft. along the East line of Section 19 to the Northe.ast corner of Section 19 and. Southeast corner of Section 18; Thence N 0001'23" E 2458.75 ft. along the East line of Section 18; I I Thence North 181.50 along the East line of Section 18; Thence N 0002' 36" E 2887 ..l~7 ft. along the East line of I Section 18 to the Northeast corner of Section 18; Thence. S 89~59'07" E 2408.51 ft. along the South line of I Section 8, Township 9 South, Range 85 West; I Thence N 89059'20" E 2573.74 ft. along the South line of I Section 8 to the Southeast corner of Lot 20, Section 8; Thence North 761.80 ft. along the East line of said Lot 20 to the Southwesterly Right of Way Line of Colorado Highway No. 82; I Thence along the Southwesterly Right of Way Line of Colorado ! Highway No. 82, the following courses: Thence N 4103,1'00" v1 2270.00 ft.; Thence around a curve to the left with a radius of 2825.00 ft..a distance of 216.94 ft.; Thence N 45055'00" H 1390.00 ft.; Thence around a curve to the right with a radius of 1950.00 ft. a distance of 196.83 ft.; Thence N 40008'00" W 215.10 ft.; Thence around a curve to the left with a radius of 1392".50 \ ft. a distance of 288.81 ft.; I Thence N 52001 '00" W 420.80 ft.; I , I' f , ,I .. ,- I I ..... I \ I I I , Thence ar~und a curve to the'right with a radius of 1186.00 ft. t a distance of 198.03 ft.;."_ Thence N 42027'00" W 5l.7.91 ft. to the East line of Lot 13, Section 8; Thence North 305.77 ft. along the East line of said Lot 13 to the Northeast corner of Lot 13; Thence N 89058'03" W 419.45 ft. along the North line of Lot 13; . \ Thence N 80000'00:' W 620.00 ft.; Thence N 63020'00" H 2l.1.00 ft.; Thence S 24020'00" H 263.00 ft.; " Thence S 75059'00" \'1 78.40 ft.; Thence S 75046' 00" \'1 155.60 ft.; Thence S 83010'00" vI 130.30 ft.; . . Thence S 78028'00" V1 216.40 ft.; Thence S 83039' 00" Wl34 .50 ft.; Thence S 800 ll.' 00" vI 197.90 ft.; Thence N 83023'00" \~ 245.80 ft.; Thence N 85041'0011 \,1 117.30 ft.; Thence S 85049'00" W 268..80 ft.;- Thence N 86~ 18' 00 II \,1 119.70 ft ~ ; Thence S 72045' 00" H 422.70 ft.;. Thence S 85019'00" vI 137.80 ft.; Thence S 83041 '00" vI 71.40 ft.; Thence S 680 L.6 '00" \01 184.10 ft.; Thence S 36022'50" W 978.53 ft.; Thence S 89017'23" W 2361.62 ft. to the West line of Section , 7 t 'Township 9 South, Range 85 \vest; Thence S 3004'34" E 619.08 ft. along the West line of Section 7; - Thence N 75037'49" vI 624.99 ft.; Thence S 85042 '19" W 897.65 ft.; Thence N 66000'01" W 573.52 ft.; Thence S 80053'47" W 563.90 ft.; . I Thence S 76004'19" W 663.19 ft.; Thence S 39054'09" vI 700.41 ft.; Thence S 72022'15" W 577.52 ft.; Thence S 63004'5211 \.} 254.97 ft.; Thence S 39053'52" W 69.90 ft.; I' I' I '" :l , . ., . I i I j I I I , I I i Thence' S 63012' 3l." H 565.06 ft. to the East line of Sec tion I , 11) TO';'lnship 9 South) Range 86. Hest ; ; I I Thence N 0018'30" W 236.62 ft. to the Northeast corner of Lot I 9, Section 11; Thence West 83.93 ft. along the North line of said Lot 9; I Thenoe S 3l.029'00" W 218.37 ft.; I i I .Thence S 29014'00" 101 347.52 ft.; Thence S ll.o 30' 00" E 291.16 ft.; I Thence 5 13017'00" vI 164.39 ft.; Thence S 55030'00" 1-1 283.09 ft.; I Thence S 86003'03" W 212.82 ft.; I ", I I Thence 5 '~5002 'O~" \01 30.00 ft.; I \ Thence 5 44058'00" E 30.00 ft.; I Thence 5 20025'00" \-1 331.00 ft.; . . I Thence S 10032' 00" lv 180.60 ft.; , Thence S 55056'00" E 90.00 ft.; Thence S 0056'00" W 384.38 ft.; Thence S 19028'00" \01 36Q.27 ft.; I Thence S 14006'00" W 187.19 ft.; Thence S 2052'00" E 508.92 ft.; . Thence.S 9047'00" \01 329.47 ft.; I Thence N 89034'09" W 461.71 ft.; I I Thence 5 7020'00" \01 50.00 ft.; I II Thenc~ 5 1io04 '00" \01 887.60 ft.; I Thence S 1024'00" \01 729.40 ft.; . I Thence 5 21006'00" W 287.60 ft.; i Thence 5 24052'00" W 844.75 ft.; Thence S 74021'00" E 35.57 ft.; Thence 55021'02" W 99.36 ft.; I 'Thence around-a curve to the right with a radius of 403.58 ft. a distance of 277.57 ft.; Thence 5 34003'20" W 212.08 ft.; Thence S 1]011'00" W 458.44 ft.; Thence 5'15014'08" W 82.4l~ ft.; Thence 5 42029'30" W 51.85 ft.; I Thence S 42029'30" \~ 51.85 ft.; I Thence around a curve to the left with a radius of 270.66 ft. I a distance of 163.53 ft.; I Thence 5 7052 '24" W 387.09 ft.; \. I ....., . .. . . . . . . ..,.. ""\ "",.. ,... n Thence around a curve to the right with a radius of 116.58 ft. a distance of 66.97 ft.: Ii . II \. i I I I , I I Thence S 40047'14" "1 363.93 ft.; I Thence around a curve to the l~ft with a 'radius of 335.98 I . ft. a distance of 114.76 ft.; I I I Thence ar9und a' cu~e to the right with a radius of 308.17 ft. a distance of 220.30 ft.; Thence S 62010' 3011 vi 81.28 ft.; Thence around a curve to the left with a radius of 447.43 ft. . I a distance of 165.20 ft.; I I Thence S 41001'18" 1-1 62.18 ft.; Thence around a curve to the right with a radius of ~88.26 ft. a distance of 103.85 ft.;. , Thence S 72037'34" H 158.47 ft.; I Thence around a curve to the right with a radius of 138.65 ft. a distance of 47.08 ft.; I . . Thence N 87055'10" \oJ 267.50 ft.; Thence around a curve to the left with a radius of 211.00 ft. a distance of 164.36 ft.; Thence around a curve to the right with a radius of 53.9.74 - I ft. a distance of 160.00 ft.; I. Thence S 64026'02" H 79.95 ft.; Thence around a curve to the left with a radius of 444.55 I ft. a distance of 128.28 ft.; Thence S 47054'03" \.1 71.82 ft.; 'I Thence S 47004'03" \'1 633.l.5 ft.; I Thence S 33045'08" v] 7l.3.32 ft.; I Thence around a curve to the left with a radius of 640.00 ft. a distance of 112.68 f~.; I Thence around a curve to the right with a radius of 360.00 II ft. a distance of 97.61 ft.; Thence S 39012'01" \01235.97 ft.; - Thence around a curve to the left with a radius of 620.00 ft. a distance of 163.56 ft.; Thence S 2A 005 '08" W 84.70 ft.; \ Thence around a curve to the right with a radius of 2100.00 ft. a distance of 130.44 ft.; I Thence S 27038'40" W 140.02 ft.; I Thence around a curve to the right with a radius of 1102.00 I ft. a distance of 81.33 ft.; II Thence S 31052'22" W 55.61 ft.; II , \ " I .... \ \ I i , I I I Thence around a curve to the left ,~ith .a radius of 535.00 I' ft. a distance of 75.73 ft.; I Thence around a curve to the right with a radius of 330.00 ft. a distance of 123.58.ft.; . Thence around a curve to the left with a 'radius of 545.00 ft. a distance of 153.50 ft.; Thence S 2900l~'241.' W 157.27 ft.; Thence around a curve to the right with a radius of 503.00 ft. a d~stance of ,169.88 ft.; Thence S l.8025 '28" W 2l~5 .10 ft.; \ Thence around a curve to the right with a radius of 1340.00 ft. a distance of 101.44 ft.; Thence S 520l.l.'57" \01 44.88 ft.; Thence around a curve to the left l-li th a radius of 1770.00 ft. a distance of 211.37 ft.; Thence S 45054'25" "1102.74 ft.; Thenceal;"ound a curve to the left with a radius of 1195.72 ft. a distance of 367.10 ft.; Thence S 28019"00" W 705.63 ft.; I I. Thence around a curve to the right with a radius, of 1075.00 I ft. a dista~ce of 154.48 ft.; I Thence S 36033'00" VI 56.98 ft.; Thence around a curve to the left with a radius of 1623.36 ft., a distance of 199.75 ft.; Thence S 29000130" W 330.00 ft.; I Thence around a curve to the left with a radius. of 740.00 ft. a distance of 258.06 ft.; .\ Thence S 9031' 10" W 86.'46 ft.; I Thence around a curve to the right'with a radius of 852.00 ft. a distance-of 189.60 ft.; 1\ Thence S 22016'10" W 63.64 ft.; \1 Thence N 89005134" W 909.86 ft.; , II Thence South 1085.35 ft.; II ~ I Thence South 5280.00 ft.; II " Thence East 1086.36 ~t.; 1\ Thence South 85.80 ft.; II Thence West 2648.58 ft. to the West 1/4 corner of Section 34, I I Township 9 South, Range 86 West; J Thence South 1320.00 ft.; " . ii . I , i I -" j , , I I I I , I I I I Then,ce South 2092.20 ft. to the South 1/4 corner of said Section I 34. !. , Thence N 89059'48" E 343.19 ft. 'along the South line of Section 34. , Thence N 890 5'. '[~2" E 2195.50 ft. to the Southeast corner of Section 34 and the Southwest corner of Section 35; Thence N 8905[.'39" E 450.12 ft. to the Nortln'lest corner of Section 2, Tm~ship 10 South, Range 86 West, the point of beginning. PARCEL II: " I' A tract of land being part of Tract 52 in Sections 3 and 10) Tm,mship 10 South, Range 86 Hest of the 6th Principal l1aridian County of Pitkin) State of Colorado. Said t+act is more fully described as fo110t-ls:. Beginning at a point on line 6-7 of said Tract 52 whence Corner 7 of said Tract 52 bears North 117.22 ft.; Thence S 59040' W 122.65 ft.; Thence S 47042' W 263.17 ft.; Thence S 39032' W 222.88 ft.; ThenceN 50~28r W 150.00 ft.; Thence along a curve to the left with a. radius of 510.00 ft. a distance of 357.23 ft. (the chord of which curve bears N I 33001" W 350.06 ft.); Thence S 79021' W 162.00 ft.; Thence S 64036' W 209.62 ft.; I Thence S 79032' W 226.qO ft.; ~ I Thence N 13042' W 237.44 ft. to the Southeast line of the I Sno~~ass Creek Road; I Thence around a curve to the left with a radius of 2336.78 ft. a distance of 61.78 ft. (the chord of which curve bears II N 65.021'15" E 61.78 ft.) along the Southeast' line of the !I Sumvma~~ Creek Road; Thence N 64035'47" E 191.64 ft. along the Southeast line of i the Snowmass Creek Road; 'I Thence around a curve to the left with a radius of 217.98 II ft. a distance of 135.11 (the chord of which curve bears N 46050'25" E 132.95 ft.) along the Southeast line of the , I Snmvmass Creek Road; . , , ' A Thence N 29005'03" E '54.23 ft along the Southeast Une of the Snowmass Creek Road; Thence N. 2039' 20" W 863.32 ft. to the North line of Tract 52; Thence West 446.83 ft. ; , Thence South 1039.50 ft.; Thence West Ulo .12 ft.; Thence South 1534.50 ft. ; Thence East 2640.00 ft.; Thence North 1417.28 ft. to the point of beginning. COUNTY OF PITKING, STATE OF COLORADO. That the first Board of Directors of said District shall consist of RENE DUROUS, to act until the first biennial election, GLEN CURTIS and JACK GRESSETT to act until two years after the first biennial election and GENE STEUBEN and LARRY J. TERRELL to act until four years after the first biennial election; that said District shall be a governmental sub- division of the State of Colorado and a body corporate with all the powers of a public or quasi-municipal corporation; that said Board of Directors shall take such steps and make such decisions as the needs of the District require and that within thirty (30) days after the date hereof the Clerk of this Court shall transmit to the County Clerk and Recorder of Eag Ie County, and of Pitkin County, Colorado, a certified copy of this Decree for filing in his office. } ') tU- 0VL~O . DONE in Open Court this day of { ( , 1970. .... BY THE COURT. CLIffOnD H. DARnOW l.ef!iiil,,'T t!\ I;.~ f\ trll!~ nnt! l'Omn'f"e Chief Judge t.Jlll' of. ill;'!;n:t1 011 fil..' in nl!' Dj.,' ':d r() 1:'1, 0::.; r;;,~r:'\ ('::i:t"(Io' r' 'i',~, "J . 'A"... ...\." ....,.. t ~of..f!"~(}" /..f...2?__ / _."....~~.._t2~--8!L~~, . ( :1'i'r~ ". -.. -~ --..... .,.,. - . " .,-- .... .~ :tI ., . , '- -- .. ,.. . -' ! . i I -- .. , .. ., (' t: .. . -- .I'~--!>'~'i .. ..' . -. .: I, .. " \- -- .. '\ ti. .. . - to..: \ 'F .- I' I '. 1; 1 r , - ~ '. - . --.... . ,. r -\ ;. " ,.