HomeMy WebLinkAboutC07-285 IGA_Grange Conservation EasementINTERGOVERNMENTAL AGREEMENT
GRANGE CONSERVATION EASEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this
day of , 2007 of the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, Colorado, a body corporate and politic, 530 E. Main St., Ste 301,
Aspen, Colorado 81611 ("Pitkin County"), BOARD OF COUNTY COMMISSIONERS
OF EAGLE COUNTY, a body corporate and politic, 500 Broadway, Box 850, Eagle,
Colorado 81631 ("Eagle County"), TOWN OF BASALT, 101 Midland Avenue, Basalt,
CO 81621 ("Basalt"), (collectively, the '"Governments") and the ASPEN VALLEY
LAND TRUST, having an address of 320 E. Main St. Suite 204, Carbondale, CO 81623
("AVLT") (collectively, the Parties)
RECITALS
1. This Agreement is entered into pursuant to, inter alia, C.R.S. §29-1-201, et
seq, and Article XIV, Section 18 of the Colorado Constitution.
2. The Governments are duly constituted governmental entities, governed by
Boards or Councils elected by qualified electors, and all are located in Colorado.
3. The Parties will jointly acquire a conservation easement encompassing
approximately 187 acres of the Grange Ranch as described in Exhibit A (the Property).
4. The purpose of this Agreement is to set forth the respective responsibilities
and obligations of the Governments relating to maintenance of the Property.
5. The Parties are authorized to enter into this Agreement, and the
governmental entities hereto have determined it is in the best interests of their citizens to
enter into this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The Parties shall be equal joint owners of the Conservation Easement, provided,
however, neither party may assign, convey, dispose, encumber, lease, license, sell or by
any means alter or modify its respective interest in the Conservation Easement, without
the express written consent of the other party. This joint ownership shall be as tenants in
common, and the rights of the parties are as set forth in this agreement.
2. Joint Management of Conservation Easement. In deciding upon discretionary
actions and expenses, or responding to requests from the Grange Family Partnership or its
successors or assigns relating to the Conservation Easement, including any request to
amend the easement, the Parties shall use good faith efforts to implement a course of
action agreeable to all consistent with the conservation values set forth in the
Conservation Easement, including reference to the Baseline Study. Provided, however, if
any of the Parties do not agree to a request from the Grange Family Partnership or its
successors or assigns, the request shall be deemed to be denied.
3. Enforcement. In deciding upon whether to initiate enforcement actions
concerning enforcement of the terms and conditions of the Conservation Easement, the
Parties shall use good faith efforts to implement a course of action agreeable to all.
Provided, however, in the event that the Parties are unable to reach agreement on such
actions, any party may, acting individually and at its sole discretion and expense,
undertake such action as is otherwise consistent with the applicable agreement, without
any right to contribution from the other.
4. Extinguishment of Easements. In the event the Conservation Easement shall be
wholly or partially extinguished, whether by condemnation or otherwise, reinvestment of
the proceeds from such extinguishment shall be made in improvements to the subject
property or the adjacent river parcel held by Eagle County and the Town of Basalt if
feasible, or to other property or properties jointly agreed upon by the parties, which, for
the Conservation Easement, to the greatest extent possible, protect the same conservation
values as the extinguished easement. Further, the reinvestment property shall be
geographically as close to the location of the property whose conservation easement was
extinguished in whole or in part, as possible, but in no event outside of the Roaring Fork
Valley, and, if possible, from the same jurisdiction as the condemned property. Any
investment of proceeds from the extinguishment of an easement shall be made in
accordance with the provisions of the Internal Revenue Code in effect at the time.
5. Term. This Intergovernmental Agreement shall remain in full force and effect
during the terms of the Conservation Easement.
6. Inability to Agree. In the event that the Parties are unable to reach agreement on
any actions and expenses, either party may, at its sole discretion and expense, undertake
such action as is otherwise consistent with the Conservation Easement and pursuant to the
terms set forth herein, except as expressly to the contrary herein. Nothing in this
Agreement shall be construed as applying to or in any way affecting land use jurisdiction
of any party.
7. This Agreement and the Contract may be changed or modified only in writing by
an agreement approved by the respective Board or Council of the Governments and
signed by authorized officers of each party.
2
8. Should any one or more sections or provisions of this Agreement be judicially
adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate
the remaining provisions of this Agreement, the intention being that the various sections
and provisions hereof are severable.
9. Any notice required or permitted under this Agreement shall be in writing and
shall be hand delivered or sent by registered or certified regular mail, postage pre -paid to
the addresses of the parties as follows. Either party by notice sent under this paragraph
may change the address to which future notices should be sent by informing the other
party of such change in writing by certified U.S. Mail at the following addresses:
Notice to the Town of Basalt:
TOWN OF BASALT
Attn: Town Manager
101 Midland Avenue
Basalt, CO 81621
Phone: 927-4701
Fax: 927-4703
With a copy to:
Tom Smith, esq.
600 E Hopkins Ave.
Aspen, CO 81611
Phone (970) 925-4600
Fax: (970) 925-4720
Notice to Pitkin County
Pitkin County Board of County Commissioners
Attention: Dale Will, Director
Pitkin County Open Space and Trails
530 E. Main St.
Aspen, CO 81611
Phone: 970-920-5203
Fax: 970 920-5198
With a copy to:
John Ely, Pitkin County Attorney
530 E. Main St.
Aspen, CO 81611
3
and
Notice to Eagle County:
Eagle County Board of County Commissioners
Attention: Community Development Open Space Director
500 Broadway.
Eagle, CO 81631-0850
Phone: 970-328-8600
Fax: 970 328-8699
Bryan Treu, Eagle County Attorney
500 Broadway
Eagle CO 81631-0850
Phone: 970-328-8686
Fax: 970-328-8699
Notice to Aspen Valley Land Trust
Aspen Valley Land Trust
320 Main St. Suite 204
Carbondale, CO 81623
Phone: 970-963-8440
Fax: 970-963-8441
10. This Agreement may be executed
constitute the whole of this Agreement.
BOARD OF COUNTY COMMISSIONERS,
EAGLE C LINTY, COLORADO
1
By:
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
TOWN OF BASALT
11
in counterparts, the sum of which shall
ATTEST:
Vj 4 -, �
ATTEST:
ATTEST:
G
�e
i4
4S
fit,
�
:
w - � .
Town Clerk
ASPEN VALLEY LAND TRUST
Exhibit A
Parcel B: Grange Ranch Conservation Easement Phase I
A parcel of land situated in Tract 61, also being situated in Section 7, Township 8 South,
Range 86 West and Section 12, Township 8 South, Range 87 West of the Sixth Principal
Meridian, County of Eagle and Pitkin, State of Colorado and being more particularly
described as follows:
Beginning at a point, whence Corner No. 5 of Tract 61 bears South 00'24'17" East
2128.40 feet;
thence South 00155'14" East 210.33 feet;
thence 137.50 feet along the arc of a non-tangental curve to the right having a radius of
703.50 feet, a central angle of 11°11'56" and subtending a chord bearing of South
74°35'09" East 137.29 feet to a point in a fence line;
thence along said fence line the following courses:
South 73°41'27" East 154.77 feet;
thence 255.24 along the arc of a non-tangental curve to the left, having a radius of 394.74
feet, a central angle of 37°02'51" and subtending a chord bearing of South 88°27'45"
East 250.82 feet,
thence North 75°39'33" East 73.34 feet;
thence North 73°46'30" East 126.53 feet;
thence North 72°28'29" East 166.03 feet to the northwesterly corner of the Basalt
Sanitation District Parcel described in Book 215 at Page 65;
thence along the boundary of said parcel the following nine courses:
South 24°31'40" East 330.00 feet;
thence North 86°00'01" East 624.78 feet;
thence South 29°20'25" East 62.19 feet;
thence North 86100'00" E 39.49 feet;
thence South 30°42'32" East 74.03 feet;
thence South 62'36'10" East 125.32 feet;
thence North 13°29'06" West 419.44 feet;
thence North 04100'00" West 103.96 feet;
thence North 67°03'27" West 84.52 feet;
thence departing said parcel along a fence line North 09°49'45" East 80.80 feet;
thence South 80°43'08" East 312.87 feet;
thence North 89°01'43" East 105.24 feet;
thence South 58°23'53" East 28.86 feet;
thence North 88°15'l 4" East 117.03 feet;
thence South 63°14'44" East 148.59 feet;
thence South 72°31'35" East 239.66 feet;
thence departing said fence line South 00°19'02" West 682.13 feet to a point on the
northerly right of way line of Highway 82 as described in Book 560 at Page 398;
thence along said right of way the following courses:
North 89°12'54" West 125.96 feet;
thence North 89°12'54" West 478.80 feet;
thence South 00°15'24" E 50.00 feet;
thence South 89144'36" West 100.00 feet;
thence South 84°44'06" West 114.70 feet;
thence North 84°50'54" West 379.50 feet;
thence North 75°01'24" West 166.30 feet;
thence North 66°08'54" West 61.30 feet;
thence North 71 °01'44" West 124.00 feet;
thence North 70°48'24" West 66.70 feet;
thence North 75°30'24" West 75.20 feet;
thence North 89°06'54" West 9.40 feet;
thence North 68°59'24" West 74.00 feet;
thence North 69°O1' 19" West 95.20 feet;
thence North 73'17'54" West 3 3 8.70 feet;
thence 445.72 along the arc of a curve to the left, having a radius of 1263.90 feet, a
central angle of 20°12'21" and subtending a chord bearing of North 88°41' 11" West
443.41 feet;
thence departing said right of way line North 01'39'46" East 41.33 feet;
thence North 00'55'14" West 329.95 feet to the Point of Beginning.
Along with:
A parcel of land situated in Tract 62 and Tract 61, also being situated in Section 7 and
Section 18, Township 8 South, Range 86 West of the Sixth Principal Meridian, County of
Eagle and Pitkin, State of Colorado and being more particularly described as follows:
Beginning at AP 7 of said Tract 62 a 31/4" Aluminum Cap L.S. 13155,
thence along the Southerly line of said Tract 62 South 89°47'24" West 1386.78 feet to
AP 6 of said Tract 62 a brass cap found in place;
thence North 87127'13" West 1206.75 feet to AP 5 of said Tract 62 a brass cap found in
place;
thence North 00°00'00" East 1300.70 feet to AP 4 of said Tract 62;
thence South 89°21'00" West 1377.82 feet to AP 5 of said Tract 61 a brass cap found in
place;
thence North 00°05'47" East 1318.77 feet to AP 4 of said Tract 61;
thence South 89°43'52" West 25.88 feet to a No. 5 rebar found in place;
thence North 01'43'52" East 224.03 feet to a point on the southerly right of way line of
Highway 82 as described in Book 560 at Page 398;
thence along said right of way line the following courses:
North 79°08'36" East 32.08 feet;
thence North 86°48'36" East 218.60 feet;
thence South 76°28'54" East 467.00 feet;
thence South 72°10'24" East 360.30 feet;
thence South 74°40'24" East 419.30 feet;
thence South 84°10'24" E 340.20 feet;
thence North 70°26'36" East 12 1. 10 feet;
thence South 89°18'24" East 600.10 feet;
thence North 88°47'06"
East 600.10 feet;
thence North 85°10'06"
East 100.30 feet;
thence North 89°44'36"
East 370.00 feet;
thence South 85°34'24"
East 247.00 feet;
thence North 00°59'54"
West 46.40 feet;
thence South 89°42'24"
East 128.87 feet;
thence departing said Southerly right of way line South 00°51'00" East 2612.62 feet to
the Point of Beginning.
Excepting therefrom that portion of the Grange Ranch lying southerly of the Rio
Grande Right of Way as depicted on survey recorded September 6, 2007 in Plat Book 84
at Page 90 as Reception No. 541725 in the official records of Pitkin County.
Counties of Eagle and Pitkin, State of Colorado
