HomeMy WebLinkAboutC12-273 Pitkin and Town of Basalt IGA INTERGOVERNMENTAL AGREEMENT
BETWEEN EAGLE COUNTY, COLORADO, PITICIN COUNTY COLORADO
AND THE TOWN OF BASALT, COLORADO FOR THE CONSERVATION
OF THE SALTONSTALL PROPERTY
THIS INTERGOVERNMENTAL AGREEMENT for conservation 2f e Ranch
Prop - Nj(the "Agreement"), located in Eagle County, Colorado is made thislW day of
f 2012 by and between the Board of County Commissioners of
Eagle .ounty ("Eagle"), the Board of County Commissioners of 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 Ranch Property 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 Saltonstall Ranch dba 1/2 AS Ranch Holdings, LLC is located in the
Roaring Fork Valley at 794 Hooks Spur Road within Eagle County contiguous with other
public lands and containing access to the Crown and is legally described on Exhibit A and
depicted on the attached map hereto as Exhibit B.
3. Andrew Saltonstall also owns a parcel at 1087 Hooks Spur and is willing
to grant a conservation easement over the significant riparian habitat along the Roaring
Fork River (Riparian Conservation Easement); and
4. Pursuant to a contract dated February 9, 2012 ("Contract") Andrew
Saltonstall desires to convey the Saltonstall Ranch of approximately 153 acres (excepting
a home site parcel of approximately six acres ("Ranch Property")), and the Riparian
Conservation Easement to the Parties for $5,000,000; and
5. The Ranch Property contains high quality agricultural soils which may
contribute to local food production in perpetuity; and
6. While the Ranch Property lies in Eagle County, much of the adjacent
public lands it accesses lie in Pitkin County, and the acquisition will therefore benefit the
citizens of both Counties as well as the Town of Basalt; and
7. Eagle has budgeted and appropriated $2 million dollars towards the
purchase; and
8. Pitkin has budgeted and appropriated $1,866,250 towards the purchase;
INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE SALTONSTALL PROPERTY
and
9. Basalt has budgeted and appropriated $500,000 towards the purchase; and
10. Great Outdoors Colorado Trust Fund has awarded a $600,000 grant and
the Mid-Valley Trails Committee has committed $50,000 towards the purchase; and
11. The Parties have agreed that Pitkin should hold the fee interest to the
Property and thereby assume primary financial responsibility for its management, subject
to a conservation easement held by Eagle and Basalt to ensure that the conservation
values including, but not limited to, protection of agricultural and habitat resources and
the provision of non-motorized and managed public recreational access from the Rio
Grande Trails to the Crown are carried out in perpetuity in accordance with the mutual
intentions of the Parties. The parties recognize that agricultural and administrative uses
may include motorized access.
12. Eagle, Pitkin and Basalt wish to provide for the purchase and management
of the Ranch Property through an intergovernmental agreement.
AGREEMENT
NOW THEREFORE, in consideration of mutual promises and covenants
contained in this agreement, the Parties agree as follows:
Property Interests Acquired
1. Eagle and Basalt shall hold, in equal parts, the conservation easement on
the Ranch Property.
2. Pitkin shall hold title in fee to the portion of the Ranch Property.
3. The Parties shall co- hold, in equal parts, the Riparian Conservation
Easement.
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
Andrew Saltonstall and Pitkin for the acquisition of the Ranch Property interests as
follows:
Eagle 40% - $2,000,000;
Pitkin 37% - $1,866,250;
Basalt 10% - $500,000.
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INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE SALTONSTALL PROPERTY
Pitkin and Eagle shall pay a proportionate share of all closing costs and fees in to
be shared equally between Pitkin and Eagle. In no event shall Eagle's share of closing
costs and fees exceed fifty thousand dollars ($50,000).
5. The obligations of each Party are contingent on additional funding being
available at closing, in the following amounts
LOCO 12% - $600,000
Mid Valley Trails Committee 1% - $50,000
6. The Parties acknowledge that the Contract between Andrew Saltonstall
and Pitkin, through which the interests in Ranch Property are to be conveyed to the
Parties, is to proceed in a closing that will take place on or before October 1, 2012, or on
a later date as mutually agreed by Saltonstall and Pitkin.
7. 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 and
granting entities in accordance to the percentage of initial contribution listed in paragraph
3 above.
8. The Town of Basalt's total obligation shall be $500,000.
Management of Property Interests
9. The 794 Hooks Spur property, held in fee by Pitkin, following the closing
the property shall be managed and maintained by Pitkin with agreement and consent to its
management activities by Eagle, and Basalt. In the absence of unanimous agreement, the
consent of at least two Parties shall be necessary. If such agreement cannot be obtained,
then the matter shall be submitted to mediation for resolution.
10. The Parties agree to work cooperatively on interim and long range
management plans for the Property and agree that such plans should attempt to address
the preservation of the natural features of the Property, agricultural use, the protection of
wildlife, and the development of any trails on the Property. The interim plan may be
adopted after public meetings by each Party, and shall generally provide for terms of
management for the first year of ownership by the Parties, including but not limited to
terms of public access on existing roads and trails. The parties agree that there shall be a
community steering committee to advise the Parties regarding the preparation of the long
range management plan for the property. The interim and long range plans will be
presented at least two public meetings prior to its adoption. The Parties acknowledge that
a management plan(s) for the property must also be approved by GOCO.
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INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE SALTONSTALL PROPERTY
Miscellaneous Provisions
11. 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.
12. Nothing in this agreement is intended to create or grant to any third party
or person any right or claim for damages or the right to bring or maintain any action at
law.
13. No party hereto waives any immunity at law including immunity granted
under the Colorado Governmental Immunities Act.
14. 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. This Agreement 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.
15. The parties hereto represent that all funds necessary for compliance with
the terrns 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 Ranch Property as specified herein.
Notwithstanding anything to the contrary,contained in this Agreement, no payment will
be made for any period after December 31 of any calendar year 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 SO 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).
16. Each party to this agreement shall cooperate with the others to enforce the
terms of the Contract for purchase currently existing between Andrew Saltonstall and
Pitkin, to protect the conserved parcels and enforce the provisions of the conservation
easements and future management plan.
17. 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.
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INTERGOVERNMENTAL AGREEMENT FOR
. THE CONSERVATION OF THE SALTONSTALL PROPERTY
Notice to Eagle County: County Attorney Bryan Treu
Box 850
Eagle, CO 81361
bryan.true@eaglem
Notice to Pitkin County: County Attorney John Ely
530 East Main Street, Suite 302
Aspen, CO 81611
johne@capitkin.co.us
Notice to Town of Basalt: Town Attorney Tom Smith
101 Midland Avenue
Basalt, CO 81621
tsmith@aps-pc.com
[rest of page intentionally left blank]
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INTERGOVERNMENTAL AGREEMENT FOR
THE CONSERVATION OF THE SALTONSTALL PROPERTY
In Witness whereof, this agreement is executed and entered into this day and year
first above written.
COUNTY OF PITKIN COUNTY OF EAGLE
STATE OF COLORADO STATE OF COLORADO
A /
By: Jill Ai -
Mi hael M. Ows ey, Chair Peter F. Runyon, Chair
CV-Z.
Pitkin County Board of f -6 " .-
Eagle County Board of
County Commissioners County Commissioners
A TEST: ATTEST: c$ tc444
* 4 *
4141/4.
Apr
ette Jones
Pi in County Depu Clerk
; Eagle County Clerk
A
TOWN OF BASALT
By:
Jacqueline Whitsitt, Mayor
ATTEST:
Basalt Town Clerk
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INTERGOVERNMENTAL AGREEMENT FOR .
THE CONSERVATION OF THE SALTONSTALL PROPERTY
In Witness whereof, this agreement is executed and entered into this day and year
first above written.
COUNTY OF PITKIN COUNTY OF EAGLE
STATE OF COLORADO STATE OF COLORADO
,
A i if/ i I fi
BY: a/ II I 111 4111144.4.41 By:
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Michael M. Owsle , Ch. , t-k-V-00- Peter F. Runyon, Chair
Pitkin County Board of Eagle County Board of
County Commissioners Colinty Commissioners
4<-..0
b^. A I %
r7qTEST: c'EAL s i, ATTEST:
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i 1 .Li i
A t i - i
J1 1 ette Jones I 1 4 '.
P *. County De* ty Clerk •Eagle County Clerk
TOWN OF BASALT
41
By. JAI
„..„ ...
Jacquil ,.. ';,' I 'tsitt, Mayor
ATT 1`: •
7 ----- ---- 2
,
Bas. t Town Clerk — De/0
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EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in Tracts 47, 54, 55 and 56 in Sections 3 and 10, all in Township 8 South, Range 87 West of the
6th Principal Meridian, Eagle County, Colorado, lying Southwesterly of the southwesterly right -of -way line of the Roaring
Fork Railroad Holding Authority and being more particularly described as follows:
Beginning at a point on the Northerly boundary line of said Tract 56, whence a brass cap found in place and properly
marked for angle Point No. 11 of said Tract 56 bears N 87 °14'20" E 463.00 feet;
thence along the boundary of a parcel of land described In a Warranty Deed recorded September 30, 1997 as Reception
No 635366 in Book 739 at Page 415 of the records of said Eagle County on the following forty (40) courses;
S 02 °16'52" E 372.01 feet;
thence S 69 °12'35" E 22.54 feet:
thence South 12.74 feet;
thence N 86 °03'28" W 57.86 feet; .
thence S 18 °51'51" E 57.87 feet;
thence S 20 °14'02" W 38.09 feet;
thence S 34 °00'51" W 157.09 feet;
thence S 23 °15'29" W 37.58 feet;
thence S 00 °06'58" W 1643.21 feet;
thence West 731.17 feet;
thence South 327,59 feet;
thence East 715.20 feet;
thence North 311.59 feet;
thence East 31.94 feet;
thence N 00. °06'58" E 1655.90 feet;
thence N 23 °15'29" E 32.80 feet;
thence N 34 °00'51" E 157.52 feet;
thence N 20 °14'02" E 40.22 feet;
thence N 18 °51'51" W 45,19 feet;
thence S 86 °03'28" E 54.67 feet;
thence North 23.81 feet;
thence S 69 0 12'35" E 9.50 feet;
thence S 86 °44'10" E 538.47 feet to a point on the Westerly bank of a ditch as built and In place;
thence along said ditch on the following nine (9) courses:
N 32 °06'20" E 64,27 feet;
thence N 06 °0729" W 55.18 feet;
thence N 19 °13'00" E 51.20 feet;
thence N 02 °01'29" W 58.49 feet;
thence N 15 °34'33" E 46.46 feet;
thence N 21 °14'33" E 44.00 feet;
thence N 03 °45'22" W 55.09 feet;
thence N 20 °54'16" E 31,25 feet;
thence N 13 °05'09" E 53.86 feet;
thence leaving said ditch bank on a course bearing 5 87 °1629" E for 467.81 feet to a point on the westerly bank of a ditch
as built and in place;
thence along said westerly ditch bank on the following four (4) courses:
N 04 °02'37" E 129,02 feet;
thence N 03 °20'47" W 1'73.81 feet;
thence N 12 °45'28" W 141.47 feet;
thence N 07 °11'35" W 185.17 feet;
thence leaving said ditch bank on a course bearing East for 43.80 feet;
thence N 10 °15'44" E 409,21 feet;
thence N 50 °22'06" E 150.30 feet to a point on the Southwesterly right -of -way line of said Roaring Fork Railroad;
thence leaving the boundary of said Document described in Book 739 at Page 415 along the Southwesterly boundary line
of said railroad on the following three (3) courses:
S 52 °31'49" E 164.19 feet;
thence 563.97 feet along the arc of a 2221.27 foot radius curve to the right, the chord of which bears S 45`1524" E 562,46
feet;
`/
thence 38°6 2082
thence railroad for S84.G5feet;
, thence uo7oo:2"c23w,20 feet ,wa point In a fence as built a in pace,
thence Q nine (9)courses:
thence 887"O3'0CPVVS02.r8feet;
thence N8G"49'18'yV811.36 feet;
thence S11"39'0O"VV1?G.11feet;
thence S27"3D'22"VV223.43 feet;
`
thence S33"O8'0G'VV223.35feet; `
thence S4?°46i8"VV194.81 feet;
thence GGG°4G'1O"VV47G1feet;
thence GG5^57'O5"VV47.37feet;
thence leaving said fence bearing GSB"48'26'VV for 167,61 feet No, 4 of said Tract 55;
thence GDD^1B'OU"VV GG|
thence S 88 E 642,92 feet along Line 16-9 of said Tract 56 to the Northwest Comer of a parcel of land described in
Warranty Deed 10 John Vastin recorded as Reception No.384%1inBooh1O2otPogo27ofoa|dEaQ|eCopnh/reoonda|
thence S24"48'O0''E1GO0.O7 feet along the Westerly boundary line uf said Reception No. 3A427toa point on Line 8-7of
said Tract 58' '
thence N 87°31'00" W 2603,43 feet along Line 8-7 of said Tract 56 to Angle Point Nb. 7 of said Tract 56;
thence North 1741.74 feet 'along Line 7-Gof said Tract SGtoAngle Point No. 6 of said Tract 56, also being a point on a line
described in Quit Claim Deed recorded as Reception No. 382477 in Book 486 at Page 274 of said Eagle County records;
thence along said line recorded es Reception No. 38D477on the following three (3) courses:
East 731.2Dfeet; `
thence NDO"O8'58"E2284.40 feet toa point on Line 12-11nf said Tract 6G;
thence N87"14'20''E133.87 feet along said Line i2^11to the point nfbeginning.
NOTE: LEGAL DESCRIPTION WILL BE AMENDED UPON RECEIPT OF SURVEY SHOWING SELLING PARCEL AND
RETAINED PARCEL.
.
EXHIBIT "A"
LEGAL ��������ON
��
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` ~ ` �
All of the real property described below situated and lying northerly of the northerly line of the Denver & Rio Grande
•
Western Railroad right of way as the same traverses the real property inenorthwesterly to southeasterly direction, which
real property is described as foflows
Lots numbered 12 and 20 of Section 3 and Lot numbered 4 of Section 10 in Township 8 South, Range 87 West of the Bth
P.M. also known as Tract 44,
And a t of land ituated in Trac 45. Section 3. Township 8 South, Rmnge87VVeutoftha 6th P.M. and more fully
described as foliows:
Beginning at Corner . 3 of said Tract 45;
thence N1"49'E433.7 feet bzthe Roaring Fork River;
thence NG3"2G'E41G.3
thence N 83°45 E3373 feet along the Roaring.fork
thence 876"34'E137.3 feet along the Roaring Fork River;
thence G41"18'E271.1 feet along the Roaring Fork River,
thence S12°5D'E236.1 feet along the Roaring Fork Riverto the South line of said Tract 45 betweeri Corners 3 and 4;
thence 887^15'VV11G4.24 feet tu the point oybeginning.
AND INCLUDING all of a portion of Tracts 44 and 45 in Section 3, Township 8 South, Range 87 West of the 6th P.M. lying
south of the main channel of the Roaring Fork River, as contained in the Deed from the United States of America recorded
October 23 1996 606807.
' No,
EXCEPTING THE FROK0atnactcf [and described as fo�Ws:
A tract of land situated in Tract 44, Section 3, Township 8 South, Range 87 West of the 6th P.M. and more fully described
as follows: -
Beginning at Corner No. 1cf said Tract 44.
thence G1"4Q'VV7Q1.46 feet to the Roaring Fork River;
thence N65"58'VV314.84 feet along the Roaring Fork River;
thence N41~22^VV2488 feet along the Roaring Fork River;
thence N 5 W 465.34 feet to the North line of said Tract 44 between Corner No. 1 and No. 2;
thence N 88"39'E517.71 feet to the point of beginning.
FURTHER EXCEPTING THEREFROM a tract of land contained In Deed recorded In Book 408 at Page 196 as described
as follows:
A parcel of land located In Tract 44 and Section 3, all in Township 8 South, Range P.M., according to
the Independent Resurvey f said township and range range as accepted by the Department of the 1 nterior, Generat Land Office
in Washington D.C, on October 7, 1927. Said parcel being more particularly described as follows:
. '
Beginning at a point on line 2-3 of said Tract 44, whence a brass cap properly marked and set foreng|epo|nt2ofTrau 44
bears ND3^41'0TEB1B.O4feet;
thence S 03°41'00" W 140.00 feet on line 2-3 of Tract 44 to the point of intersection with the northerly boundary ofHooks `-
Spur Road;
thence S54^54'23"EGGO.00 feet on the northerly boundary of Hooks Spur Road;
thence departing said rokiNO3"41'OO"E210.0Dfeet;
thence N54"64'23''VV12O.D0feet;
thence NG3°1S'41"VV4D7.A2 feet xo the place ofbeginning.
ALSO FURTHER EXCEPTING all that property conveyed in the Warranty Deed recorded July 9, 1997 in Book 731 at
Page 577 as Reception No. 627536.
NOTE: THIS LEGAL DESCRIPTION IS FOR THE ENTIRE PARCEL THAT ANDREVVGALTONSTALLCURRENTLY
OWNS AND WILL BE AMENDED TO SOLELY SHOW THE 1087 PROPERTY RIPARIAN CONSERVATION EASEMENT
BEING CONVEYED UPON RECEIPT OF A SURVEY
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
APPROVING INTERGOVERNMENTAL AGREEMENTS WITH THE STATE BOARD
OF THE GREAT OUTDOORS COLORADO TRUST FUND, AND 'WITH BASALT AND
EAGLE COUNTY, RELATING TO THE FUNDING OF THE SALTONSTALL OPEN
SPACE PURCHASE.
RESOLUTION NO, e) -2012
WHEREAS, the Pitkin County Board of County Commissioners (BOCC) and Open Space and
Trails Board desired to acquire 145 acres outright, and a conservation easement of approximately
20 acres, located in the Eagle County portion of Emma known as the Saltonstall property (aka
Saltonstall Ranch) for the purpose of protecting the wildlife, agricultural, scenic, open space and
recreational values of the property; and
WHEREAS, the BOCC authorized the acquisition of the Saltonstall property, conditioned upon
subsequent fundraising including contributions from neighboring jurisdictions and the award of
a Great Outdoors Colorado (GOCO) grant ("Grant") through the approval of Ordinance 07-2012
on March 28, 2012; and
WHEREAS, Pitkin County submitted a Grant application to GOCO for $600,000 for the
purchase of Saltonstall Ranch, and was awarded this request on June 19, 2012, subject to a Grant
Agreement with GOCO (GOCO contract# 12410);
WHEREAS, an Intergovernmental Agreement committing $2,000,000 to the Saltonstall Ranch
purchase was adopted by Eagle County on July 2, 2012; and
WHEREAS, an Intergovernmental Agreement committing $500,000 to the Saltonstall Ranch
purchase was adopted by the Town of Basalt at first reading by the Basalt Town Council on July
10, 2012, and second reading on July 24, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that:
1.) Upon approval of the form by the Open Space Director and County Attorney, the Chair is
authorized to execute the Saltonstall Ranch Grant Agreement (GOCO Contract #12410)
with Great Outdoors Colorado.
2.) The Pitkin County Board of County Commissioners hereby authorizes the expenditure of
funds necessary to meet the terms and obligations of the grant agreement.
3.) Upon approval of the form by the Open Space Director and County Attorney, the Chair is
authorized to execute the Saltonstall Ranch Intergovernmental Agreement with Eagle
County and the Town of Basalt, in substantially the form attached hereto.
4
4.) This resolution is to be in full force and effect from and after its passage and approval.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 25th DAY OF
JULY, 2012.
NOTICE OF P : LIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE -
4 ,44 DAY OF , 2011 — (,4 /A- 4/it 7te Y1 eat *Le.
Co& Ail ithil OtAe 414. ge)-.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 8th DAY OF
AUGUST, 20012.
PUBLISHED BY TITLE AND SHORT UIS4MARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE/DAY OF I/ , 2012.
ATTES ' : BOARD OF COUNTY COMMISSIONERS
OF PITMEN CO TY, OLORADO
By A I eld
By _ _ AL0.2:
Jeane Jones / Michael M. Owsley
Depu County Clerk Chair
Date:
APPROVED AS TO FORM:
\ \-N.
Dale Will, Directo
Open Space & Trails Program
MANAGER APPROVAL:
Agri
Jon Peac"Ock, Manager
5
la 11712,0)70,g-
