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Home My WebLink AboutC08-190 Agreement for Intent Proposed Sale of Forest Service Property • • U. S. DEPARTMENT OF AGRICULTURE Forest Service RECEIVED 5570 White River National Forest AUG 1 1 2008 Eagle Pasture EAGLE COUNTY HOUSING DEPARTMENT AGREEMENT OF INTENT PROPOSED SALE OF FOREST SERVICE PROPERTY Eagle, Colorado Proposed Direct Sale of Land under the Forest Service Facilities Realignment and Enhancement Act We, Eagle County, a political subdivision of the State of Colorado, whose address is P.O. Box 850, 500 Broadway, Eagle, Colorado 81631 -0850 (Phone: 970 - 328 - 8600), hereinafter called the Eagle County, and the Forest Service, U.S. Department of Agriculture, acting through their authorized representatives, intend to enter into a sale agreement to convey to Eagle County the Federal property described in Exhibit A, attached hereto and made a part hereof, and under the terms and conditions described herein and in the Implementation Schedule, attached hereto and made a part hereof as Exhibit B. It is understood that the intent of the parties is entirely dependent on the United States' ability to comply with all laws applicable to the conveyance of Federal properties. It is further understood that a decision has not been executed under the requirements of the National Environmental Policy Act, but it is the intent of the United States to analyze a direct sale to Eagle County as the proposed action. It is further understood that in recognition of the Forest Service's willingness to consider a direct sale to Eagle County, Eagle County expresses its intent to cooperate with the Forest Service to help meet Forest Service employee housing needs within their Housing Authority, Such cooperation shall occur both prior to, and upon completion of, any direct sale to Eagle County. It is further understood that said cooperation will take place in accordance with the United State's efforts to identify sufficient authority to enter into a long term arrangement with Eagle County. GENERAL PROVISIONS: 1. It is understood that the basis for value (sale price) of the property shall be an appraisal to be prepared and approved by the Forest Service. The appraisal will be prepared after execution of a collection agreement and deposit by the County of $7500. Any unused funds will be returned to Eagle County. 2. This Agreement of Intent authorizes the Eagle County and its contractors to enter on Federal lands for such purposes as preparing environmental site assessments, historic and cultural investigations, land line surveys, wildlife and wetland inventories and other X1(1` ( evaluations deemed necessary by the Forest Service to fully evaluate the affects and merits of the sale proposal. 3. It is understood that upon approval of the sale price, terms and conditions by the appropriate Forest Service official, the parties will enter into a Purchase and Sale Agreement that shall be binding to both parties. It is understood that prior to the Purchase and Sale Agreement, or issuance of a deed by the United States, if no Purchase and Sale Agreement is executed, no action taken shall create or establish any contractual or other obligations against the Eagle County or the United States. Either Eagle County or the Forest Service may withdraw from the sale at any time prior to execution of the Purchase and Sale Agreement, or conveyance from the United States. 4. Title will be conveyed by quitclaim deed issued by the USDA Forest Service, unless some other form of deed is approved by the USDA, Office of the General Counsel. 5. The United States does not furnish title insurance for the property it conveys. If title insurance is desired by Eagle County, it must be procured at its own expense. 6. A timeline for processing this proposal and the agreement on responsibility for costs on specified items is provided for in Exhibit B, the Implementation Schedule. 7. The Forest Service is responsible for compliance with Section 120(h) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prior to entering into the Purchase and Sale Agreement, the Forest Service will conduct an environmental investigation of the Property, as appropriate to comply with Section 120(h) of CERCLA, concerning any release or threatened release of hazardous substances or petroleum products on the Property. In the event that the Forest Service determines that any hazardous substance was stored for more than 1 year or more, known to have been released, or disposed of on the Property, the Purchase and Sale Agreement shall include a notice of the type and quantity of such hazardous substance and the time at which such storage, release, or disposal took place, to the extent such information is available on the basis of a complete search of agency files. 8. Pursuant to Section 120(h)(3)(A) of CERCLA, the Forest Service will also include covenants in the conveyance document providing that all response action necessary to protect human health and the environment with respect to any hazardous substance remaining on the property has been taken before the date of the transfer, that the United States shall conduct, after the conveyance, any response or corrective action found to be necessary to protect human health and the environment from associated with releases or threatened releases attributable to the time the United States owned and operated the property, and a clause granting the United States access to the property to conduct the response or corrective action on the property. 9. No member of Congress, or Resident Commissioner, shall be admitted to any share or part of this proposal or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit (18 U.S.C. 431, 433). • 10. The undersigned is a citizen of the United States or a corporation or other legal entity subject to the laws of the United States or a State thereof, and is 21 years old or over. 11. Notification Statement: Public Availability of Property- Related Information. Any party who has signed below acknowledges receipt of this notification: All documents pertaining to Federal lands necessary for the evaluation, processing and consummation of a land adjustment transaction, including but not limited to appraisals, timber cruises, specialist reports, geology /mineral reports, title and other property information, are subject to public availability at the discretion of the Federal party. This includes information which may be contained in a system of records exempted from the requirements of the Privacy Act (5 U.S.C. 552a), and information which may qualify for exemption from disclosure under the Freedom of Information Act (5 U.S.C. 552b)). However, it is the general intent of all parties that land adjustment transaction documents will be considered "pre- decisional working papers" not subject to premature availability prior to the point which concludes evaluation of the proposal through the agency's established, required processes and policy. This Agreement of Intent may be amended by mutual agreement of the parties. EAGLE COUNTY, a political subdivision of the State of Colorado C BY: `tom Date (non -Fede a1 party) Name & Title: SO-4-0- � �� -- e, i20 I e2,9) U.S. Department of Agriculture Forest Service 6-6- (7 BY: /(1,ti Date Mary Miorgan Acting Forest Supervisor According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596 -0105. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. 1 EXHIBIT A Property that the Forest Service is proposing to sell: Sixth Principal Meridian, Eagle County, Colorado T. 5 S., R. 4 W. Sec. 5, a parcel of land in Section 5 of Township 5 South, Range 84 West of the 6th P.M., Town of Eagle, County of Eagle, State of Colorado being a portion of that land described in Warranty Deed recorded February 9, 1950 in Book 135 at Page 85 (Parent Parcel), and more particularly described as follows: Beginning at Angle Point 7 of Tract 47, monumented with a 3 inch diameter cap on pipe by the Eagle County Surveyor, thence on and along the west line of said Parent Parcel N1 °56'11 "E for 918.46 feet to a point from which a G.L.O. brass cap on pipe bears N1 °56'11 "E for 373.60 feet and an USDA Forest Service aluminum cap marked WC bears S. 86 °52'10" E. 22.25 feet; thence S86 °52'10 "E for 240.77 feet to a point on the east line of said Parent Parcel described in warranty deed recorded February 9, 1950 in Book 135 on Page 85, from which an USDA Forest Service aluminum cap marked WC bears N. 86 °52'10 "W. 1.14 feet and an USDA aluminum cap on pipe marked AP 1 bears N1 °52'26 "E for 697.27 feet; thence S1 °5226 "W for 894.94 feet to a USDA Forest Service Aluminum Monument marked AP -6; thence S87 °33'28 "W for 242.40 feet to the Point of Beginning. Containing 5.02 acres more or less. Land reservations and exceptions to title: Reservations: Reserving to the United States a right -of -way thereon for ditches and canals constructed by the authority of the United States Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945). Outstanding Rights: 1. Reservations in patents, if any. 2. Water and/or water rights and ditches and/or ditch rights, whether or not of public record 3. Royalty interests reserved in Warranty Deed recorded October 31, 1969 in Book 216 at Page 311. 4. Reservations and easements as described in Warranty Deed recorded August 17, 1979 in Book 389 at Page 952. 5. Easements, conditions, covenants, restrictions, reservations and notes on the Forest Boundary Survey recorded January 22, 1985 in Book 405 at page 404. 6. Existing leases and tenancies, if any. 7. Right of Way Irrigation Water Ditch for Neilson Ditch, also known as Ditch No. 2. EXHIBIT B Implementation Schedule Eagle Pasture Sale Timeline Task Date Completed Responsible Confirm 5 acre parcel can be sold without 5/23/08 Forest compromising use of remainder as admin site Letter to County with agreement of intent 5/23/08 Prepared by Region, sent from Forest Case File to Regional Office 5/23/08 Forest Request to WO for approval to change sale from 5/23/08 Region competitive to direct Collection Agreement and Bill for Collection to 6/2/08 Forest County for FS Appraiser Internal Scoping Complete 6/2/08 Forest Scoping letter sent to public (30 day reply) 2/28/07 Prepared by Region, mailed by Forest Appraisal package to Regional Appraiser for 6/9/08 Region issue of appraisal instructions Appraisal Instructions Issued 6/15/08 Region All specialist reports completed, w /oversight 7/1/08 Forest concurrence where necessary (i.e. SHPO, US F &WS, etc) Draft EA to Region 7/1/08 Forest EA Finalized 8/1/08 Region EA Advertisement 8/5/08 Region Notice of availability of EA to interested parties 8/5/08 Prepared by Region, sent by Forest Values Approved 9/1/08 Region Regional Office Case Review 9/10/08 Region Decision Issued 9/12/08 Region Decision Advertised 9/16/08 Region Case Closed 10/31/08 Region