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HomeMy WebLinkAboutC23-236 Town of EagleEagle County, CO 202308011 Regina O'Brien 06/28/2023 Pgs: 11 10:27:08 AM REC: $63.00 DOC: $0.00 TOWN OF EAGLE, COLORADO RESOLUTION NO. 38 (Series of 2023) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF EAGLE, COLORADO APPROVING A REIMBURSEMENT AGREEMENT WITH EAGLE COUNTY WHEREAS, Eagle County plans to submit to the Town an application to annex certain real property into the Town (the "Application"); WHEREAS, the Parties acknowledge that the land use filing fees set forth in the Eagle Municipal Code (the "Code") will not adequately cover the Town's expenses incurred in processing the Application; and WHEREAS, pursuant to the terms of the attached Reimbursement Agreement, Eagle County wishes to reimburse the Town for its additional expenses incurred in processing the Application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF EAGLE, COLORADO, AS FOLLOWS: Section 1. The Town Council hereby approves the Reimbursement Agreement in substantially the form attached hereto, subject to final approval by the Town Attorney. Upon such approval, the Mayor is authorized to execute the Reimbursement Agreement on behalf of the Town. INTRODUCED, READ, PASSED AND ADOPTED ON JUNE 13, 2023. Opp/c ATTE T: t� Jenny Rakow, Town ClerIC- S •�T� • TO!-W • •'�1• % %, �N rU 6/5/2023 HTTPS://TOWNOFEAGLE297.SHAREPOINT.COM/SHARED DOCUMENTS/COM DEV/PLANNING/DEV REVIEW120231 DEV REVIEW/AN23-01 WEST EAGLE/2.FINAL APPROVAL DOCUMENTS/REIMBURSEMENT AGREEMENT/WEST EAGLE REIMBURSE-R060523. DOCX REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into on this I day of .J LUNJ�e , 2023 (the "Effective Date") by and between the Town of Eagle, a Colorado municipality with an address of 200 Broadway, Eagle, CO 81631 (the "Town"), and Eagle County, Colorado, a body corporate and politic, with an address of 500 Broadway, Eagle, CO 81631 (the "County") (each a "Party" and collectively the "Parties"). WHEREAS, the County is the owner of real property in unincorporated Eagle County more particularly described on Exhibit A, attached hereto and incorporated by this reference (the "Property"); WHEREAS, the County plans to submit to the Town an application to annex the Property into the Town (the "Application"); WHEREAS, the Parties acknowledge that the land use filing fees provided pursuant to, without limitation, Section 4.03.080(A) of the Eagle Municipal Code (the "Code"), do not adequately cover the Town's expenses incurred during the annexation application process and that the Town will continue to incur expenses until final completion of the Application; and WHEREAS, the County wishes to reimburse the Town for its additional expenses incurred in processing the Application pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and sufficient consideration, the Parties agree as follows: 1. Application Process. The Application will be processed by the Town pursuant to the applicable provisions of the Code, and other applicable law. 2. Reimbursement. The County hereby agrees to reimburse the Town for all actual costs incurred by the Town in reviewing and processing the Applicaton as follows: a. Deposit. The Parties hereby acknowledge and agree that review of the Application may require the Town to incur certain necessary costs, defined as "Pass Through Fees" in Section 4.03.080(B) of the Code, including without limitation costs for third -party consultants engaged by the Town, the Town Attorney, the Town's water counsel and engineer, and staff time for planning, engineering, and public works. Upon execution of this Agreement, the County agrees to deposit the sum of $7,606, as a deposit (the "Deposit") for Pass Through Fees related to reviewing and processing the Application. b. Costs Exceeding Deposit. If the Town incurs any costs exceeding the Deposit, the County shall pay such additional costs or make a subsequent deposit after a meeting between the County and the Town to review anticipated costs. C. Payment in Full. i. All invoiced Pass Through Fees shall be paid in full to the Town within 30 days of the date of the invoice. Failure by the County to pay any invoice within the specified time 1112212022 shall be cause for the Town to refrain from approving the Application until the Pass Through Fees are paid in full. ii. If the Pass Through Fees are not paid when due, the past due amounts shall be a lien on the Property, and the Town Treasurer may certify the amount of the same to the County Treasurer to be placed on the tax list for the current year and to be collected in the same manner as other taxes are collected. d. Remaining Deposit. After the signing of any ordinance approving the Application, any remaining Deposit shall be returned to the County within 30 days. 4. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between the County and the Town, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent prepaid, first-class United States Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and the County and their respective officers, attorneys and employees are relying on, and do 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 Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and the County and their respective officers, attorneys or employees. 2 1112212022 j. Subject to Annual Appropriations. i. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligations of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. ii. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement after, nor shall any payments be made to the Town in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 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). IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TO OF GL OL DO 110 FP/ �y cot Turni e May ATTEST its �' • � ; Jenny Rakow, Town Clerk s' '• ......;;;`,\0 111111 3 1112212022 EAGLE COUNTY, COLORADO By AND THROUGH ITS COUNTY MANAGER JEFF SHROLL STATE OF COLORADO ) ss. COUNTY OF Subscribed and sworn to before me this day of , 2023 by Jeff Shroll, County Manager for Eagle County, Colorado. My Commission expires: Notary Public a Y C. STOWELLARY PUBLICOF COLORADO ID 20234001261EXPIRES JANUARY 10, 2027 4 1112212022 EXHIBIT A Legal Description of Property 112212022 Exhibit A PROPERTY DESCRIPTION: Parcel A: Lot 3B, West Eagle Addition, a resubdivision of Lot 3, Block 41, according to the Plat recorded June 16, 1999 under Reception No. 700046, County of Eagle, State of Colorado. Parcel B: a portion of: Beginning at Corner Numbered 3 of Tract 45, which is also corner Numbered 4 of Tract 46D of Section 5, Township 5 South, Range 84 West, Sixth Principal Meridian; thence North 87 degrees 41 minutes East a distance of 2.01 chains; thence North 1 degree 48 minutes East a distance of 4.61 chains; thence East a distance of 1.66 chains; thence South 1 degree 48 minutes West a distance of 24.36 chains; thence South 87 degrees 51 minutes West a distance of 3.67 chains to corner Numbered 7 of Tract 47 and corner Numbered 2 of Tract 48, said Section 5; thence North 1 degree 48 minutes East 19.75 chains to the Point of Beginning, County of Eagle, State of Colorado also known as: Mayers Addition to Eagle U.S. Forest Parcel Parcel C: Sec. 5, a parcel of land in Section 5, Town of Eagle, being a portion of that land described in Exchange Deed recorded February 9, 1950 in Book 13S on 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 S86'52'10"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 125 on page 85, from which an USDA Forest Service aluminum cap marked WC bears N86"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 S1'52'26"W. for 894.94 feet to an USDA Forest Service aluminum monument marked AP-6; thence S87"33'28"W. for 242.40 feet to the Point of Beginning, County of Eagle, State of Colorado Parcel D: A parcel of land in the Mayer Addition to the Town of Eagle, Colorado, located in Tract 47, Section 5, Township 5 South, Range 84 West of the Sixth Principal Meridian according to the Independent Resurvey of said Township and Range as approved by the U.S. Surveyor General in Denver, Colorado, on June 20, 1922; said parcel of land being more particularly described as follows, to wit: Beginning at a point on the Easterly boundary of said Mayer Addition from which corner No. 4 of Tract 46D, a point on the Northerly boundary of said Tract 47, bears N. 1 '49'39"E. 303.26 feet distant; thence N. 61'03'00"W. 248.34 feet to a point on the Easterly right of way boundary line of Castle Drive; thence following said Easterly right of way boundary of Castle Drive, 8.04 feet on a curve to the right with a radius of 40 feet, the chord of which bears S. 23 "54'03"W. 8.02 feet; thence S. 61"03'00"E. 251.73 feet to said Easterly boundary of the Mayer Addition; thence N. 1'49'39" E. 8.98 feet to the Point of Beginning, County of Eagle, State of Colorado Parcel D1: That part of the Southeast Quarter of the Northwest Quarter (SE1/4 of NW 1/4) of Section Five (5), in Township Five (5) South, Range Eighty— Four (84) West of the Sixth (6th) Principal Meridian in Colorado, according to the survey under which Patent issued August 8, 1890, and becoming a part of Tract No. 47 in said Township and Range according to the Independent Resurvey thereof accepted by the General Land Office June 6, 1923, more particularly described as follows: Beginning at a point in said Tract No. 47 whence Corner No. 4 of Tract No. 46D on the North boundary of said Tract No. 47 bears North 53 '52' East 303.72 feet distant, thence South 61 '03' East 270.46 feet to a point whence said Corner No. 4 of said Tract No. 46D bears North 1 '57' East 311.98 feet distant; thence South 1'57' West 320.33 feet; thence North 49"56' West 473.4 feet; thence North 43'5' East 199 feet to the point of beginning, Together with that parcel depicted on the Plat of Mayer Addition recorded at Reception No. 88599 as Eagle County Lot 5, and also known as Mayer Addition Lot 5 Parcel E and F: Parcel No. 1 A tract of land lying partly inside, partly outside the corporate limits of the Town of Eagle, Colorado, and being portions of Lots 7 and 8, in Block 39, Mayer Addition to the Town of Eagle, Colorado, according to the plat thereof filed at Reception No. 88599 of the records in the office of the County Clerk and Recorder of the County of Eagle in the State of Colorado, and also being a portion of the SE1/4 of the NW1/4 of Section 5, in Township 5 South, Range 84 West of the 6th P.M. according to the survey under which Patent issued August 8, 1890, said SE1 /4 of the NW1/4 of said Section 5, becoming a part of Tract No. 47 in said Township and Range according to the Independent Resurvey approved by the Surveyor General's Office June 20,1922, and accepted by the General Land Office June 6, 1923, more particularly described as follows, to— wit: Beginning at Corner No. 1, an iron pin with white plastic cap, set in concrete, from which Angle Point No. 7 of aforementioned Tract No. 47 bears S. 45'01'E. 518.60 feet distant; thence N. 40'04'E. 100.00 feet to Corner No. 2, an iron pin with a white plastic cap, set in concrete on the Southwesterly boundary line of Lot 8 in Block 39 of said Mayer Addition to the Town of Eagle, Colorado; thence N. 49 '56'W. along said boundary line of said Lot 8, 56.80 feet to Corner No.3, an iron pin with a white plastic cap, set in concrete on the Southeasterly boundary line of that certain Public Alley, the Public Easement and Right of Way for which was conveyed By Joseph E. Chambers and Ethel Chambers to the Town of Eagle, Colorado, a Municipal Corporation, of the County of Eagle and State of Colorado, by Warranty Deed recorded in Book 161 at 355 of the records in the office of the County Clerk and Recorder of Eagle County, Colorado; thence N.40'04'E. along said boundary line of said Public Alley, 77.57 feet to Corner No. 4, an iron pin with a white plastic cap, set in concrete on the Southeasterly boundary line of said Public Alley; thence S.49"56'E. 140.97 feet to Corner No. 5, an iron pin with a white plastic cap, set in concrete; thence N. 40"04'E. 112.43 feet to Corner No. 6, an iron pin with a white plastic cap, set in concrete near a fence line; thence S. 49'56'E. 138.36 feet to Corner No. 7; thence N. 01'57'E. 200.82 feet to Corner No. 8 on the Northeasterly boundary line of said Lot 7 in Block 39 of said Mayer Addition to the Town of Eagle, Colorado; thence S. 49"56'E. 31.78 feet to Corner No. 9, identical wit the Northeast corner of said Lot 7; thence S. 01"57'W. 442.40 feet to Corner No. 10, an iron pin with a white plastic cap, set in concrete; thence N. 63"52'W. 415.40 feet to Corner No. 1, the Place of Beginning Parcel No. 2 A sixteen -foot strip of land, being a part of Lot 8 in Block 39, Mayer Addition to the Town of Eagle, Colorado, more particularly described as follows: Beginning at Corner No. 1, a point on the Southwesterly boundary line of said Lot 8 and on the Northwesterly boundary line of that certain Public Alley, the Public Easement and Right of Way for which was conveyed by Joseph E. Chambers and Ethel Chambers to the Town of Eagle, Colorado, a Municipal Corporation, of the County of Eagle and State of Colorado, by Warranty Deed recorded in Book 161 at Page 355 of the records in the office of the County Clerk and Recorder of said Eagle County, from which Angle Point No. 7 of aforementioned Tract No. 47, in Township 5 South, Range 84 West of the 6th P.M., Colorado, bears S. 36'09'50"E. 606.92 feet distant; thence N. 40'04'E. along and conforming to said Northwesterly boundary line of aforementioned Public Alley,16.00 feet to Corner No. 2; thence N. 49"56'W.125.00 feet to Corner No. 3 on the Southeasterly boundary line of Castle Drive in said Mayer Addition; thence S. 40'04'W. 16.00 feet along said Southeasterly boundary line of said Castle Drive to Corner No. 4 which is identical to the most Westerly corner of said Lot 8; thence S. 49'56'E. 125.00 feet along the Southwesterly boundary line of said Lot 8, to Corner No. 1, the Place of Beginning, County of Eagle, State of Colorado also known as: Lots 7 and part of Lot 8, Block 39, Mayers Addition to the Town of Eagle, New County Shop Building and port of Lot 1, West Eagle Addition to the Town of Eagle Road and Bridge Parcel G: A tract of land hereby designated as the "Bob Tract" lying partly inside, and partly outside, the corporate limits of the Town of Eagle, Colorado, and being a portion of Lots 7 and 8, in Block 39, Mayer Addition to the Town of Eagle, Colorado, according to the Plat thereof filed as Reception No. 88599 and being also described as a portion West Eagle Addition, a plat recorded January 3, 1977 in Book 251, Page 288 both being recorded in the records in the office of the County Clerk and Recorder of the County of Eagle in the State of Colorado, and also being a portion of the SE % of the SE % of the NW % of Section 5, in Township 5 South, Range 84 West of the 6th P.M., according to the survey under which Patent issued August 8, 1890, and becoming a part of Tract No. 47 in said Township and Range according to the Independent Resurvey approved the Survey General's Office June 20, 1922, and accepted by the General Land Office June 6, 1923, more particularly described as follows: Beginning at Corner No. 1, an iron pin with a white plastic cap, set in concrete, from which Angle Point No. 7 of said Tract 47 bears S. 22" 45' 50" 486.18 feet distant; Thence N. 49" 56' W. 140.97 feet of Comer No. 2, an iron pin with a white plastic cap, set in concrete, on the southerly boundary of that certain Public Alley, the Public Easement and Right of Way for which was conveyed by Joseph Chambers and Ethel Chambers to the Town of Eagle, a Municipal Corporation, of the County of Eagle and State of Colorado, by Warranty Deed recorded as Reception No. 91603 in Book 161 at Page 355 of the records in the office of the County Clerk and Recorder of said Eagle County, Thence N. 40"07' E. 112.43 feet along the southerly edge of said Public Alley to Corner No. 3 an iron pin with a white plastic cap, set in concrete near a fence corner; Thence S. 49"56' E. 140.97 feet to Corner No. 4, an iron pin with a white plastic cap set in concrete near a fence line; Thence S. 40"40' W. 112.43 feet to Corner No. 1, the place of beginning. Together with the right to travel over, upon and across a sixteen -foot strip of land presently used as a road -way, and being a part of Lot 8 in Block 39, of aforementioned Mayer Addition to the Town of Eagle, Colorado, said sixteen -foot strip of land being more particularly described as follows: Beginning at Corner No. 1, a point on the southerly boundary line of said Lot 8 and on the northwesterly boundary line of that certain Public Alley, the Public Easement and Right of Way for which was conveyed by Joseph E. Chambers and Ethel Chambers to the Town of Eagle, a Municipal Corporation of the County of Eagle and State of Colorado, by Warranty Deed recorded as Reception No. 91603 in Book 161 at Page 355 of the records in the office of the County Clerk and Recorder of said Eagle County, from which Angle Point No. 7 of aforementioned Tract No. 47 in Township 5 South, Range 84 West of the 6th P.M., Colorado, bears S. 36"09'50" E. 606.92 feet distant; Thence N. 40"04' along and conforming to said northwesterly line of aforementioned Public Alley, 16.00 feet to Corner No. 2; Thence N. 49"56' W. 125.00 feet to Corner No. 3 on the southeasterly boundary line of Castle Drive in said Mayer Addition; Thence S. 40"04' W. 16.00 feet along said southeasterly boundary of said Castle Drive to Corner No. 4, which is identical to the most westerly corner of said Lot 8; Thence S. 49"56' E. 125.00 feet along the southwesterly boundary of said Lot 8, to Corner No. 1, the place of beginning, County of Eagle, State of Colorado