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Home My WebLink AboutC15-463 Pitkin County IGAINTERGOVERNMENTAL A GREEMENT BETWEEN EAGLE coUNTY' coLoRADo AND PITKIN couNTY' coLoRADo REGARDING THE ENF'ORCEMENT OF'RULES AND RSGULATIONS oN THE GLASSIER OPEN SPACE, EMMA X.ARMS TRAIL AND THE GLASSIER TRAILHEAD PARCEL THIS INTERGPVERNMENTAL AGREEMENT (the ,,Agreement,) is entered into on the 8''' _day o@, 2015, by and between Eagle County, Colorado a body corporate and politic through its Board of County Commissioners, 500 Broadway, Post Office Box 850, Eagle, Colorado 81631 (hereinafter "Eagle") and Pitkin County, Colorado a body corporate and politic through its Board of County Commissioners, 530 East Main street, Aspen, colorado 816l l (hereinafter "Pitkin"). Pitkin and Eagle shall collectively be referred to as the "parties". RECITALS WHEREAS, in 2013, Pitkin acquired fee title to the Saltonstallproperty for open space and passive public recreation purposes; and WHEREAS, in 2014, Pitkin acquired fee title to Glassier Ranch which is contiguous to the Saltonstall properfy for open space and passive public recreation purposes; and WHEREAS, Eagle holds conservation easements on the Saltonstall property and the Glassier Ranch property; and WHEREAS, the two properties have been collectively named "Glassier Open space" (hereinafter the "Property" or "Glassier open space') and are described in Exbibit A and depicted in Exhibit B which exhibits are attached hereto and incorporated herein by reference; and WHEREAS, The Emma Farms Trail and the Glassier Trailhead Parcel have also been acquired by Pitkin County will assistance by Eagle County; and WHEREAS, the Glassier Open Space, Emma Farms Trail and the Trailhead Parcel are owned, operated and managed by Pitkin County Open Trails;and WHEREAS, the Glassier Open Space, Emma Farms Trail and Glassier Space & the Glassier Trailhead Parcel exist entirely within unincorporated Eagle County; and WHEREAS, the Parties desire to sot forth their understanding of the rules, regulations and enforoement of the same on the Glassier Open Space, Emma Farms Trail and the Glassier Trailhead Parcel ; and WHEREAS' Pitkin and Eagle have enjoyed a cooperative relationship and govemmental entities are authorized to enter into intergovemmental agreements pursuant to the provisions.of C.R.S. 29-1-203. AGREEMENT NOW' THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agrce to the following terms and conditions:l, The Parties desire to rely on C.R.S. 29-7-l0l for adoption of rules and regulations on the Property and enforcement of the same. c.R,.s, zg-7-r0r (r) generally provides that any counfy may acquire and operate public recreation faeilities, Resolution -2015 Pagc 4 of l0 Eagl€ County Ccmmlssioners' OfficeC15-463 2. ? open space and parklands either within or without the corporate limits of such county and expend funds therefor and for all purposes connected therewith. C.R.S. 29-7-rc1Q) states that "Any county throqgh its board of county commissioners shall have the power, authority and jurisdiction to regulate and control public recieation lands and facilities owned or operated by the county by promulgation of rules and regulations pursuant to a lawfully adopted resolution." The Pitkin County Code includes Title 12 conceming Open Space and Trails which allow for regulation bf its open space and trails and related enforcement and penalties ('Title 12"). 4. Pursuant to Resolution No. (ilo- 2Di5 - Pitkin established that Title 12 shall apply to the Glassier Open Space, Emma Farms Trail and the Glassier Trailhead Parcel which is,part of the Pitkin County Open Space and Trails Program and Eagle County hereby acknowledges that Title 12 and enforcement thereof is applicable to the Glassier Open Space, Emma Farms Trail and the Glassier Trailhead Parcel . C.R.S, 2g-7-l0l(2) provides in part that "[i]t is the duty of the Sheriff and the sheriff s undersheriff and deputies, in their respective counties, as well as any county enforcement personnel authorized and appointed as desoribed in subsection (3), to enforce the rules and regulafions adopted pursuant to subseotion (2), and the county courts in their respective counties have jurisdiction in the prosecution of any violation of a rule or regulation adopted pursuant to subsection (2)," Further, C,R.S. 29-7-'l0l(3). provides, "[i]n addition to the enforcement of the rules and regulations by the sheriff, and undersheriff, or a depufy sheriff, a board of county commissioners may by resolution designate specific other county personnel, however titled or administratively assigned, to enforce rules and regulations duly adopted by the county to control and regulate the use of county public lands and recreation facilities, by issuance of citations or summonses and complaints." Pitkin employs Open Space & Tror.l Rangers who are responsible for enforcing Title 12. Tluough its Resolution No. 070.. a0a6 , Pitkin expressly authorized its Open Space & Trail Rangers to enforce Title 12 on the Property including issuanse of penalty assessments in accordance with C.R.S, 29-7-101and Title 12 and Eagle County hereby aeknowledges and consents to the same. 5. Resolution _-2015 Page 5 of l0 7. Pitkin Open Space & Trail Rangers do not have the power to anest or to execute warrants and shall not have authority to enforce any other resolution, Resolution, or statue unless otherwise provided by law. 8. The Eagle County Sheriff shall irave concurent jurisdiction to provide law enforcement services with Pitkin Open Space & Trail Rangers on the Glassier Open Space, Emma Farms Trail and the Glassier Trailhead parcel . 9. Pitkin shall at all times be responsible for its Open Space and Trail Rangers in the performanee of their duties. The Pitkin Open Space & .Trail Rangers are not working at the direction of or under the supervision of the Eagle County Sheriff and Eagle and its Sheriff shall have 'no responsibiliry therefor. 10. All fines and forfeitures for the violation of Title 12 on the Property shall be paid into the treasury of Eagle County or to the Eagle County courts as applicable. ll.This Agreement shall terminate upon thirty (30) days prior written notice by either party. 12. This Agreement may be amended only by written agreement executed by both Parties. 13. Neither party to this Agreement is relying on, and does not waive, or intend to , waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Govemmental Immunity Act, C.R.S. 24-10-101, eI seq,, as from time to time amended, or otherwise available to the Parties, their offrcers or their employees. 14. Any notices, demands or other communications regarding this Agreement, shall be given in writing, delivered personally or sent by U.S Mail, addressed to the parties at the addresses set forth below or at such other address€s as either party may hereafter or from time to time designate by written notice to the other party. Pitkin County: Pitkin County Open Space and Trails Program Courthouse Plaza 530 E. Main St. 3rd Floor Aspen, CO 8t6l I with a copy to: John Ely, Pitlcin County Attorney Courthouse Plaza Resolution -2015 Page6ofl0 530 E. Main St. 3rd Floor Aspen, CO 816ll Eagle County: Eagle County Open Space P.O. Box 850 500 Broadway Eagle, CO 81631 with a copy to: Eagle County Attorney P.O. Box 850 500 Broadway Eagle, CO 81631 I5. All recitals are incorporated by reference herein and shall be deemed to be a part of the substantive terms of this Agreement. 16, This Agreement represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. 17. This Agreement shall be govemed by the laws of the State of Colorado. Venue for any dispute between the Pafties conceming this Agreement shall be in the courts of Eagle or Pitkin County, State of Cplorado. lS,None of the tems, oonditions or covenants sontained in this Agreement shall be deemed to be for the benefit of any person not a pafiy hereto. 19. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a .court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 20. No party to this Agreement shall assign or hansfer any of its rights or obligations hereunder without ttre prior written consent of the other pafy, 21. The provisions of this Agreement shall bind and shall inure to the benefit of parties hereto and to their respective successors and permitted assigns, 22. Notrruithstanding anything to the contrary contained in this Agreement, no payment will be made for any period after December 3lst of any calendar year Resolution -2015 PageTofl0 without the written approval in accordance with a budget adopted by the respective Boatds of the parties in compliance with the provisions of Article 25, Title 30 of the colorado Revised statutes, the Local Government Budget Law (c.R.s. $ 29-l-101 et seq.) and rhe TABOR Amendment (colorado constitution, Article X, Sec.20). PTTKIN COUNTY, COLORADO By and Through its BOARD OF COLJNTY COMMISSIONERS COLINTY OF EAGLE, STATE OF , By and Through Its fi':Ir Teak J. Simonton, Clerk to the Resolution -2015 Pagc 8 of l0 Exhibit A Glassier Open Space Legal Description: Saltonstall Portion: Parcel 1, according to the Subdivision Exemption Plat, Red Ridge Subdivision Exemption, recorded January 29,2013, as Reception No. 201301849. Glassier Ranch Portion: ALL THAT PART OF TRACT 54 (ALSO DESCRIBED AS LOTS 9,12,13AND 14 OF SEC. 10) AND THAT PART OF TRACT 5s (ALSO DESCRIBED AS LOTS 22 AND 23 OF SEC. 3 AND LOTS 2,3,7 AND 8 OF SEC 10) ALL IN T. 8 S., R. 87 W OF THE 6TH p.M., DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT THE SOUTHWEST CORNER OF A.P. 4 OF SAID TRACT 55 (WHTCH rS ALSO A.p. 4 OF SAID TRACT 54) THENCE N. 0o18'E. 98.52 FEET; THENCEN.49o40'8.256.32 FEET; THENCEN.34o05'E.219.5 FEET; THENCE N. 28'53'E.223.2 FEET;THENCE N. 18o34'E.180.6 FEET; THENCE S. 85"55'E. 588.0 FEET; THENCE N. 87'10 E. 502.8 FEET; THENCE N. 6o3l' E. 697 .05 FEET TO THE NORTH LINE (BETWEEN A.P. 2 AND A.P. 1 OF SAID TRACT 54; THENCE N. 87"33' 8.962.69 FEET TO THE NORTHEAST CORNER (A.P.l) OF SAID TRACT 54; THENCE S.OO23' 8,.2901.36 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 54 TO THE SOUTHEASTERLY CORNER (A.P.7) OF SAID TRACT 54; THENCE 5.88"45'W. 1347 ,06 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 54 TO A.P.6 OF SAID TRACT 54; TIIENCE N. 88'19'W.1294.92 FEET ALONG THE SOUTHERLY BOLINDARY OF SAID TRACT 54 TO A.P. 5 OF SAID TRACT 54 AND THENCE N. 0"18' 8,1364.32 FEET TO A.P. 4 OF SAID TRACT 54. THE POINT OF BEGINNING. AND A PARCEL OF LAND SITUATE IN TRACT 47, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ANGLE POINT NO.7 OF TRACT 44, TOWNSHIP 8 SOUTII, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN: THENCE S 26"49'35'E.|472.92FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 47;THENCE N 87"33'00" E. 100.70 FEET TO THE TRUE POINT OF BEGINNING (ALSO BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE DENVER & RIO GRANDE WESTERN RAILROAD) THENCE N 87"33'OO'' E. 882.30 FEET ALONG SAID SOUTH LINE OF TRACT 47 TO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER: TIIENCE ALONG SAID CENTERLINE OF THE ROARING FORK RIVER 1lIE FOLLOWING COURSES: N. 82"41'20" W. 394.76 FEET; THENCE N.69"33'30' W . 234.78 FEET; HENCE N. 40o23'15" W. 60.39 FEET; THENCE LEAVING SAID CENTERLINE OF THE.ROARING FORK RIVER ON A COURSE BEARINGS.46'54'20'' W.316.09 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING TIIEREFROM THE TRACTS DESCRIBED IN DEED FROM FREDERIC L. GLASSIER AND FREDA L. GLASSIER TO PETER J. GLASSIER AND SARAH E. GLASSIER RECORDED JANUARY 12, 1979IN BOOK 280 AT PAGE 785 RECEPTION NO; 177194. TOGETHER WITH AN EASEMENT OR RIGHT OF WAY OVER, THROUGH AND ACROSS LOT 11 OF SECTION 3 AND LOTS II,I4 AND 15 OF SECTION 41N TOWNSHIP 8 SOUTII, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN FOR THE PURPOSE OF DRIVING, TRANSFERRING AND MOVING LIVESTOCK BETWEEN THE COUNTY ROAD AND THE PUBLIC DOMAIN GRAZING PERMIT OF THE GRANTEE HEREIN AND TOGETHER WITH THE RIGHTS OF SAID GRANTEE, THEIR HEIRS AND INVITED GUESTS OF THE GRANTEE TO CROSS OVER SAID LANDS DURING THE REGULAR HUNTING SEASON FOR THE PURPOSE OF HUNTING UPON SAID PUBLIC DOMAIN. Those Portions of Emma Farms Conservation Easement Legal Description and Emma Farms Trail Legal Description located in Eagle County. The Emma Farms Conservation Easement and Emma Farms Trail are fully described as follows: OPEN SPACE PARCELS A & B AS SHOWN ON THE AMENEDED FINAL PLAT AND SUBDIVISION EXEMPTION PLAT FOR EMMA FARMS RECORDED IN EAGLE COUNTY ON JULY 3O,2OI5 AS RECEPTION NO. 201514392 AND IN PITKIN COUNTY ON JULY 3O,2OI5 AS RECEPTION 621981. A STRIP OF LAND FOR THE PURPOSE OF A TRAIL EASEMENT SITUATE IN SECTION IO, TRACT 57, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTIES OF EAGLE AND PITKIN, STATE OF COLORADO, ALL BEARINGS RELATIVE TO A BEARING OF N88 DEGREES 57' 5O'' E ALONG THE SOUTH LINE OF SAID TRACT 57 BETWEEN ANGLE POINT 3 OF SAID TRACT 57, A USGLO BRASS CAP IN PLACE AND ANGLE POINT 3 OF TRACT 64, A USGLO BRASS CAP IN PLACE, SAID STRIP OF LAND BEING FIFTEEN (15) FEET WIDE, SEVEN AND ONE-HALF (7.5) FEET TO EACH SrDE OF THE FOLLOWTNG DESCRTBED CENTERLINE: COMMENCING AT SAID ANGLE POINT 3 OF TRACT 51 THENCE ALONG SOUTH LINE OF SAID TRACT 57 N88 DEGREES 57'50" 8376.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE N22 DEGREES 12'27" W 729.81 FEET; THENCE NOO DEGREES 06, 24" W 9T.36 FEET. THENCE NI3 DEGREES 49, 53', W221.56 FEET; THENCE N 14 DEGREES I7'32"W60.73 FEET; THENCE N09 DEGREES 12' 25" W 150.96 FEET; THENCE Nl1 DEGREES 46'02" W169.93 FEET; THENCE Nl8 DEGREES 26'50"w 196.35 FEET; THENCE N00 DEGREES 13'5I"w 50.11 FEET; THENCE N25 DEGREES 07' 29" W 64.94 FEET; THENCE N38 DEGREES 03'08" W281.71 FEET; THENCE Nl8 DEGREES 02'26" W 85.78 FEET; THENCE N18 DEGREES 32'46"W136.70 FEET; THENCE N43 DEGREES 09'53" 180.91 FEET; THENCE N13 DEGREES 46'36" EAST 395.39 FEET; THENCE N27 DEGREES 21'18"W 12L47 FEET TO A POINT ON THE SOUTH LINE OF TRACT 54, THE POINT OF TERMINLINS, SIDE LINES TO BE LENGTHENED OR SHORTENED TO CLOSE WITH PROPERTY LINES. LESS AND EXCEPT ANY PORTION OF THE ABOVE DESCRIBED EASEMENT WHICH IS LOCATED ON PROPERTY OWNED BY PITKIN COI-INTY. Glassier Trailhead Parcel Legal Description: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED AS RECEPTION NO. 201301168 OF THE EAGLE COI.INTY RECORDS; SAID PARCEL OF LAND ALSO SITUATED IN A PORTION OF GOVERNMENT TRACT 53 LYING WITHIN THE NEl/4 OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE SOUTHERLY BOTINDARY OF SAID PROPERTY, WHENCE ANGLE POINT NO. 4OF SAID TRACT53 BEARS 5OO DEGREES 15'57'' 8, A DISTANCE OF 393.45 FEET; THENCEALONG THE BOUNDARY OF SAID PROPERTYAND EAST LINE OF SAID TRACT N00 DEGREES 15'57"w. A DISTANCE OF 321 .79 FEET; THENCE LEAVING SAID BOLTNDARYSSI DEGREES 55'16", A DISTANCE OF 276.98 FEET TO A POINT ON SAID BOUNDARY: THENCE ALONG SAID BOUNDARY THREE (3) COURSES: 1. S 37 DEGREES 50'49" E,166.72 FEET; 2. 91.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 79.32 FEET, INCLUDED ANGLEOF 66 DEGREES 24',r5" (CHORD S71 DEGREES 02'56". 86.87 FEET); 3. N75 DEGREES 44'56''E, 36.18 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 43,560 SQUARE FEET OR 1.000 ACRES, MORE OR LESS. OO ooo oooo oooo oooooo ooooooo oooooooooo oo_ooo o oo ooo oo oo oo oo oo oo oo oooooo oooooo ooooooo oooooooooo ooooooooooo oooo oooooooo ooooooooo oaoooooooo ooooooooooo oooooooooooo oooooooooooo oooooooooooo ooaooooooooo oooooooooooo oooaoooooooo oo OO oo E Parcet Boundary Emma Farms Conservation Easement Emma FarmsTrail Easement Exhibit B I Glassier Trail Head Parcel