The URL can be used to link to this page

Home My WebLink AboutC11-188 Homestead Owners Association MOUMEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY, COLORADO AND HOMESTEAD OWNERS ASSOCIATION This Memorandum of Understanding ("MOU") is entered into the /4( day of�, 2011 by and between Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County") and the Homestead Owners Association, a Colorado nonprofit corporation, by and through its Board of Directors ("HOA"). RECITALS WHEREAS, County has entered into a contract with East Lake Creek Ranch, LLP for the purchase of approximately 160 acres of land adjacent to and south of the Homestead Subdivision as depicted and identified on the attached Exhibit A as East Lake Creek Ranch (hereinafter the "ELCR Property"); and WHEREAS, HOA owns approximately 400 acres of additional open space land that is adjacent to the ELCR Property and is identified on the attached Exhibit A as Homestead Open Space; and WHEREAS, a cooperative community effort from citizens, homeowners associations, local metropolitan districts, County and the Eagle Valley Land Trust ("EVLT") is needed to accomplish the various goals and objectives of the parties as more fully set forth herein; and WHEREAS, this MOU is a preliminary step to developing formal agreements and easements that: (1) preserve the ELCR Property and portions of HOA property; (2) accommodate public use of the ELCR Property consistent with County open space objectives and goals; (3) further conserve and grant public access across a portion of a 120 acre segment of HOA land which is a part of the larger 400 acres identified above (see Exhibit B); (4) further conserve and grant public access across approximately 18 acres of HOA property as an additional access point to the ELCR Property (see Exhibit C); and (5) provide for maintenance of and improvements to ELCR Property and the public access easements to be established on HOA property; and WHEREAS, the parties acknowledge that a number of future agreements will be required, including, but not limited to, access easements, conservation easements and maintenance agreements. As a result, the parties desire to enter into this MOU to establish a partial frame work for these future agreements and easements. C� 1 01' UNDERSTANDING 1. County will proceed with the purchase of the ELCR Property but shall reserve all rights available to it under its purchase agreement including, but not limited to, the right to complete its due diligence, to seek necessary funding approvals and to determine whether to proceed with the purchase of the ELCR Property. 2. Upon closing of the ELCR Property, County and EVLT will negotiate and enter into a conservation easement to preserve the ELCR Property as open space. The conservation easement will define conservation values and will provide for uses consistent with preservation of the conservation values. The conservation easement will allow public access and use of the ELCR Property and further will identify recreational uses and improvements to be allowed on the ELCR Property. 3. County may retain ownership of the ELCR Property or may transfer title to the Edwards Metropolitan District or other similar entity. County acknowledges it is the desire of the HOA that Eagle County transfer title to Edwards Metropolitan District but all parties acknowledge that transfer of title to the property shall remain a County decision in its sole discretion. 4. Upon closing and conservation of the ELCR Property, HOA will grant a permanent easement to County to provide public access across a defined portion of the 120 acres of HOA open space to USFS land. The general location of the proposed trail is depicted on Exhibit B. The intent of the parties is to provide public access from a trail head to be located on the ELCR Property near Cameron Place, across the ELCR parcel and across the 120 acres of HOA open space to USFS land. Such public access shall be subject to all terms and conditions contained in the access easement granted to the County. In addition, the HOA will negotiate and enter into a conservation easement with EVLT to permanently preserve the 120 acres as open space. The conservation easement will define conservation values and will provide for uses consistent with preservation of the conservation values. The uses to be permitted in the access easement and conservation easement shall align with the uses allowed in the Amended and Restated Planned Unit Development Guidelines of Homestead Open Space recorded in the Eagle County real property records at reception number 680533. All easements described in this paragraph 4 shall be in such form and substance as it reasonably acceptable to HOA. 5. Upon closing and conservation of the ELCR Property, HOA will grant a permanent easement to County to provide public access across an approximately 18 acre strip of open space land that connects from the Preserve through HOA property to the ELCR Property. The general location of the proposed trail is depicted on Exhibit C. The approximately 18 acre strip is depicted in red on Exhibit C. The trail through this easement will ultimately connect with the planned Cameron Place trailhead on the ELCR Property from below and is intended to assist in bike and pedestrian connection from the Eagle County Core Trail and Edwards' commercial sidewalk system to the ELCR Property. All easements described in this paragraph 5 shall be in such form and substance as it reasonably acceptable to HOA. 6. The approximately 18 acres identified in paragraph 5 above shall be permanently preserved through a conservation easement to be negotiated with and held by EVLT. The conservation easement will define conservation values and will provide for uses consistent with preservation of the conservation values. In the event any portion of the proposed trail passes through third party property, then County and HOA will work together to obtain public access to such lands. Notwithstanding the foregoing, the HOA will continue with the dedication of the conservation and access easements across its property. 7. Improvement, Use and Maintenance of the ELCR Property. a. Improvements. i. HOA will not be responsible for the cost of improvements to the ELCR Property including costs associated with installation of a parking area at the trailhead or trails to be established on the ELCR Property. The parties acknowledge that the County Open Space fund cannot pay for improvements to open space. The parties acknowledge that EVLT is working to raise funds to pay for installation of improvements and County may be able to provide some in-kind services to assist with the installation of an access road and parking area. ii. County will propose a grading plan for a small portion of the ELCR Property that may include removal of foreign debris and may include berms to mitigate views of the access road and parking area from neighboring Homestead lots. iii. County will mark the centerline of proposed access off of Cameron Place as well as the boundaries of proposed parking area by the end of June, 2011. iv. Access to parking at Cameron Place trail head and the parking lot is currently intended to be gravel, but County reserves the right to pave these improvements in the future. v. The parties recognize that the conservation easement may allow for certain limited improvements in the future, which improvements shall not unreasonably impact or affect the HOA. b. Uses. i. Permitted uses shall include, but not be limited to, equestrian, mountain bike and pedestrian use. Motorized recreational use of the ELCR Property shall be prohibited with the exception of access to the parking lot to be located on the ELCR Property and as may be required under the Americans with Disabilities Act. County expects to work with the Division of Wildlife which may require seasonal closure of the ELCR Property for habitat protection or other purposes. ii. The parties acknowledge that there are currently a number of encroachments onto the ELCR property. County will determine whether the conservation easement will include or exclude these encroachments. County will inform HOA of how it will address encroachments and their impact on the conservation easement. Resolution to any encroachment issue shall be without financial contribution from the HOA. iii. Cameron Place trailhead will be signed for daylight use only. The parties anticipate entering into a maintenance agreement for the property and will include in that agreement a plan for monitoring use of the trailhead. As part of the monitoring effort, and as more fully set forth in the maintenance agreement, in the event that overnight parking or evening use 4 of the ELCR Property is a consistent problem, then the parties may consider installation of a gate and related maintenance requirements. iv. Further, as part of the monitoring efforts to be documented in a future maintenance agreement, the parties agree to monitor hunting access to USFS land and agree to develop a plan for management of such use if it becomes a consistent problem all to be more fully set forth in the maintenance agreement. c. Maintenance. i. An agreement for on-going maintenance of the ELCR Property and the access easements across HOA land will be required. The parties agree that on-going maintenance will be a cooperative effort. County, HOA and Edwards Metropolitan District have agreed to participate in on-going maintenance. The parties will share in the upkeep and/or annual cost of maintaining the ELCR Property to include the trailhead and trail system and maintenance of the access easements across HOA property. HOA maintenance may be through in kind services (i.e. regular trash pickup and stocking dog bags). ii. Weed control will be contemplated in the conservation easement for the ELCR property and is intended to be part of the annual maintenance requirement for that property. Likewise, the HOA will be responsible for and will include weed control in the conservation easement over the 120 acre HOA parcel and the 18 acre HOA parcel. Such weed control may be accomplished separately by the HOA or as part of the maintenance agreement. 8. The access easements will refer to the protections offered pursuant to Title 33, Article 41 of the Colorado Revised Statutes. Further, the parties may place signs on the trails in an effort to further reduce liability and risk. 9. EVLT will work with the Creamery Ranch Homeowners Association to conserve and protect its association -owned open space that cuts off the ravine trail from ELCR property and to obtain public access across Creamery Ranch Homeowners Association open space. See possible trail location on Exhibit D. 10. Upon completion of the Eagle Valley Land Exchange, such that the State Land Board parcel is connected with the USFS land (and presuming the USFS "T parcel" is protected either through remaining as USFS property or through exchange to State Land Board and purchase by County with preservation through a conservation easement) then the HOA will discuss and consider a grant of a permanent public easement from the water tank along the historically used alignment, and will also consider an extension of the conservation easement that protects the 120 acres of HOA open space to an additional portion of the 400 acres of open space. The addition of this public easement will not include additional parking but public access and use will be permitted. See Exhibit E. 11. In the event that the water tank trail is included in a permanent public easement, then attempts will be made to guide the bulk of the users to the Cameron Place trailhead either through signage or trail reconstruction at the intersection of the water tank trail with the main trail to Cameron Place on USFS land. 12. The parties agree that this document is intended to provide a framework for future easements and formal agreements among the parties. Cooperation and good faith will be required as these formal legal documents are prepared. EAGLE COUNTY, COLORADO By through its ar of County Commissioners By: J St ney, Chai n HO ERS ASSOCIATION By: v L dd. President 0