HomeMy WebLinkAboutC07-283 IGA Pitkin County - Town of Basalt_grange ranch parcelINTERGOVERNMENTAL AGREEMENT
BETWEEN EAGLE COUNTY, COLORADO, PITKIN COUNTY COLORADO
AND THE TOWN OF BASALT, COLORADO FOR THE CONSERVATION
OF THE GRANGE RANCH PARCEL, LOCATED IN EAGLE AND PITKIN
COUNTIES
THIS INTERGOVERNMENTAL AGREEMENT for conservation of the Grange
Ranch (the "Agreement'), located in Eagle and Pitkin Counties is made this day of
2007 by and between Eagle County ("Eagle"), Pitkin County
("Pitkin") and the Town of Basalt ("Basalt'), (collectively the "Parties"), which are all
governmental entities located within the state of Colorado.
The term of this agreement shall be continuing to provide for the acquisition of
interests in the Grange Ranch and management of those interests.
RECITALS
1. Eagle, Pitkin and Basalt have established funding for the purpose of
acquiring and permanently preserving open space; and
2. The Grange Ranch is located in the Roaring Fork Valley within both Eagle
and Pitkin Counties contiguous with other preserved open space and containing access to
the Roaring Fork River and its flood plains and is legally described as follows:
Lots 1, 2, 7 and 8 (said lots being the same as Tract 62) in Section 18, T8S, R86W
of the 6th P.M.
Lot 7 (in Tract 61) in Section 13, T8S, R87W of the 6th P.M.
Lot 11 in Section 7, T8S, R86W of the 6th P.M.
Lot 2 in Section 12, T8S, R87W of the 6th P.M.
That part of Lot 1 in Section 13 and of Lot 2 of Section 12, T8S, R87W of the 6th
P.M. described in deed recorded in Book 199 at Page 287 of Pitkin County
records.
Less railway and county road rights of way, and less conveyances to Basalt
Sanitation District.
Less those tracts of land described in instruments recorded in Book 166 at Page
280, in Book 180 at Page 238, and in Book 176 at Pages 279-280 of said records.
TOGETHER WITH all oil, gas and other minerals located in or on said parcels of
land subject to prior recorded reservations, exceptions and conveyances out of any
INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE GRANGE RANCH PARCEL
of the same.
TOGETHER WITH all water and water rights, ditches and ditch rights,
appurtenant to or used upon or in connection with said parcels of land;
Also known as street and number: 0408 W. Cody Lane, Basalt, CO 81621 and
depicted on the attached map hereto as Exhibit A.
3. The area in which the Grange Ranch is located faces high development
pressures; and
4. The Grange family desires to continue to operate the Grange Ranch as a
working ranch, not to develop it beyond limitations contained in the Contract for
purchase for fee and conservation interest currently in the name of Pitkin County as
purchaser, dated November 28, 2006; and
5. The Grange family has agreed to sell the portion of the Grange Ranch with
access to the Roaring Fork River in Eagle County in fee simple as generally shown on
Exhibit A; and
6. The Grange family has agreed to sell a conservation easement for the
remainder of the Grange Ranch located in both Eagle and Pitkin Counties with certain
described public trail accesses for the preservation of open space as generally shown on
Exhibit A; and
7. Pitkin has budgeted and appropriated $3 million dollars to purchase the
conservation and trail easements on the entirety of the Grange Ranch; and
8. Eagle has budgeted and appropriated $1.25 million dollars to purchase in
fee, the portion of the Grange Ranch in Eagle County that is contiguous with the Roaring
Fork River as co -tenants with Basalt and an interest in the conservation easement for the
non -river portions of the Grange Ranch located in Eagle County. Eagle County shall also
be a co -holder of the Conservation Easement for the Grange Ranch located in Pitkin
County; and
9. Basalt has budgeted and appropriated $750,000 for an interest in the
conservation easement on the non -river portions of the Grange Ranch and a fee
ownership with Eagle County as co -tenants in the portion of the Grange Ranch that is
contiguous with the Roaring Fork River; and
10. Eagle, Pitkin and Basalt wish to provide for the purchase and management
of the Grange Ranch through an intergovernmental agreement.
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INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE GRANGE RANCH PARCEL
AGREEMENT
NOW THEREFORE, in consideration of mutual promises and covenants
contained in this agreement, the Parties agree as follows:
Property Interests Acauired
1. Pitkin, Eagle, Basalt and the Aspen Valley Land Trust shall hold, in equal
parts, the conservation easement on the non -river front portion of the Grange Ranch
generally depicted on Exhibit A hereto.
2. Eagle and Basalt shall hold title in fee to the portion of the Grange Ranch
in Eagle County that is contiguous to the Roaring Fork River, which is the same as the
River Fee Interest described in the Contract for Bargain Sale of Land, Conservation
Easement and Trail Easements between Grange Family Ranches, LLC and the Board of
County Commissioners of Pitkin County, Colorado as co -tenants as generally depicted on
Exhibit A. The fee title of Eagle and Basalt shall be subject to a conservation easement
for the benefit of Pitkin and the Roaring Fork Conservancy.
3. Pitkin shall receive the grant of trail easements located on Light Hill as
generally depicted on Exhibit A. Basalt shall receive the grant of trail easement from
Emma Road to the Roaring Fork River as generally depicted on Exhibit A.
Payments by The Parties
4. To acquire the interests specified above each party shall pay the following
toward the $5 million dollar total purchase price pursuant to the Contract between Grange
Family Ranches, LLC and Pitkin for the acquisition of the Grange Ranch interests as
follows:
Pitkin 60% - $3 million dollars;
Eagle 25% - $1.25 million dollars;
Basalt 15% - $750,000.
Each party shall pay a proportionate share of all closing costs and fees in
accordance to the above percentages.
5. It is anticipated that Pitkin will seek other financial assistance toward the
conveyances of the interests specified herein to the Parties from the Great Outdoors
Colorado Trust Fund and other sources. Should these efforts be successful, any amounts
received shall be prorated against the obligations of the Parties in the same proportions as
the financial commitments described above.
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INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE GRANGE RANCH PARCEL
6. The Parties acknowledge that the Contract between Grange Family
Ranches, LLC and Pitkin, through which the interests in Grange Ranch are to be
conveyed to the Parties, is to proceed with two separate closings. The first will take place
in the summer of 2007 and the second in 2008 before March, exact dates to be
determined. All payments by Basalt and Eagle shall be tendered by closing of Phase I.
All payments by Pitkin, except for $250,000, shall be tendered by closing of Phase I.
Pitkin's remaining payment is to be made at the closing in 2008.
7. All interests to be acquired by the Parties in the Grange Ranch, with the
exception of interests in the property south of the Rio Grande right-of-way shall be
conveyed in the summer of 2007. Interests in the Grange Ranch that are located south of
the Rio Grande right-of-way shall be conveyed at the time of closing in 2008.
8. In the event any interest acquired by any of the three parties to the
Intergovernmental Agreement is condemned, all parties agree to cooperate with each
other to resist the condemnation and then to reduce any damage which may result. All
proceeds received in any condemnation action shall be shared among the parties in
accordance to the percentage of initial contribution listed in paragraph 4 above.
Management of Property Interests
9. The River Fee Interest, held in fee by Basalt and Eagle, shall be managed
and maintained by Basalt with agreement and consent to its management activities by
Eagle, Pitkin and the Roaring Fork Conservancy. In the absence of unanimous
agreement, the consent of at least three parties shall be necessary. If such agreement
cannot be obtained, then the matter shall be submitted to mediation for resolution.
10. The conservation easement on the non -river front portions of the Grange
Ranch shall be managed, maintained and enforced by Pitkin on behalf of the other parties.
11. The river access trail easement shall be managed and maintained by
Basalt. The Light Hill trail easements shall be managed and maintained by Pitkin.
12. The parties agree to the allocation of water rights in accordance with
historic use thereof, unless the parties agree otherwise in writing.
Miscellaneous Provisions
13. If any part, term, or provision of this agreement is held by a court of
competent jurisdiction to be illegal or in conflict with any federal law or law of the State
of Colorado, the validity of the remaining portions or provisions shall not be affected, and
the rights and obligations of the parties hereto shall be construed and enforced as if the
agreement did not contain the particular part, term or provision held to be invalid.
14. Nothing in this agreement is intended to create or grant to any third party
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INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE GRANGE RANCH PARCEL
or person any right or claim for damages or the right to bring or maintain any action at
law.
15. No party hereto waives any immunity at law including immunity granted
under the Colorado Governmental Immunities Act.
16. This agreement is intended as the complete integration of all
understandings between the Parties and constitutes the entire agreement between the
parties hereto; no prior or contemporaneous addition, deletion, or other amendment shall
have any force or effect, unless embodied herein in writing or attached as an exhibit
hereto and referenced herein.
17. The parties hereto represent that all funds necessary for compliance with
the terms of this agreement have been budgeted, appropriated, and otherwise made
available. Any financial obligations that may arise hereunder, whether direct or
contingent, shall only extend to payment of monies duly and lawfully appropriated by the
governing bodies of the parties hereto. Should any party hereto fail to participate in this
agreement that party shall receive no interest in the Grange Ranch as specified herein.
18. Each party to this agreement shall cooperate with the others to enforce the
terms of the Contract for purchase currently existing between Grange Family Ranches,
LLC and Pitkin, to protect the conserved parcels and enforce the provisions of the various
easements.
19. Any notices or other communications required or permitted to be given
hereunder shall be given in writing and delivered personally, by U.S. mail, or by electronic
mail to the attention of the individuals below, or to such other addresses as any other parties
designate by written notice. Notice shall be deemed given on the date of personal delivery
or electronic mailing, or five (5) days from the date of mailing by U.S. mail.
Notice to Eagle County:
Notice to Pitkin County:
Notice to Town of Basalt
County Attorney Bryan Treu
Box 850
Eagle, CO 81361
b!yan.tt*ue@eagle.us
County Attorney John Ely
530 East Main Street, Suite 302
Aspen, CO 81611
Lohne@co.pitkin.co.us
Town Attorney Tom Smith
101 Midland Avenue
Basalt, CO 81621
tsmith@aps-pc.com
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INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE GRANGE RANCH PARCEL
In Witness whereof, this agreement is executed and entered into this day and year
first above written.
COUNTY OF PITKIN
STATE OF COLORADO
By:
Michael M. Owsley, Chair
Pitkin County Board of
County Commissioners
ATTEST:
Jeanette Jones
Pitkin County Deputy Clerk
TOWN OF BASALT
al
Leroy Duroux, Mayor
ATTEST:
Basalt Town Clerk
31
COUNTY OF EAGLE
STA,XF OF COLORADO
Aiu Ptbenconi, Chair
Eagle County Board of
County Commissioners
ATTEST:
Eagle County [Deputy] Clerk
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Exhibit 2 - Map of Grange Ranch
