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HomeMy WebLinkAboutR15-098 IGA Pitkin County Glassier Open Space Emma Farms Commissioner moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO het 0 RESOLUTION NO. 2015- V I 0 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH PITKIN COUNTY, COLORADO REGARDING THE ENFORCEMENT OF RULES AND REGULATIONS ON THE GLASSIER OPEN SPACE, EMMA FARMS TRAIL AND GLASSIER TRAILHEAD PARCEL WHEREAS, in 2013, Pitkin County acquired fee title to the Saltonstall property for open space and passive public recreation purposes; and WHEREAS, in 2014, Pitkin County acquired fee title to the Glassier Ranch which is contiguous to the Saltonstall property for open space and passive public recreation purposes; and WHEREAS, in 2015, Pitkin County acquired a one-acre parcel located entirely in Eagle County at the intersection of Hook Spur Road and Hooks Lane to serve as a trailhead parking lot "Glassier Trailhead Parcel"; and WHEREAS, in 2015, Pitkin County acquired with assistance from Eagle County a public trail easement on the Emma Farms Property located in Eagle County; and WHEREAS, Eagle County holds conservation easements on the Saltonstall property and the Glassier Ranch property; and WHEREAS, Glassier Ranch and the Saltonstall property have been collectively named "Glassier Open Space"); and WHEREAS, Glassier Open Space, Emma Farms Trail and Glassier Trailhead Parcel are collectively the "Property"; and WHEREAS,Pitkin County and Eagle County desire to work cooperatively to identify rules and regulations for the efficient and safe operation of the Property and enforcement of the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the Board of County Commissioners of Eagle County hereby approves the Intergovernmental Agreement with Pitkin County, Colorado Regarding the Enforcement of Rules and Regulations on the Property, which is attached as Exhibit A. .APP '1 D AS To, FORM By: XL/ 44 1 ,�� - Eagle o my Attorney's Office By:__,_. Eagle County Commissioners' Office THAT,the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of DU,tivv,147 ki015. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its di Vic. •ARD OF COUNTY COMMISSIONERS ATTEST: " Z" WI o O L Clerk to the Board of at y 1 handler-Henry Count Commissioners Chair (yanne McQuee gir ommissioner i Jillian H. Ryan Commissioner CommissionerCE4-l . LUz. ILt ..4I2. 1 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry 14—.4 Commissioner McQueeney IQ.. Commissioner Ryan i Y / This resolution passed by u vote of the Board of County Commissioners of the County of Eagle, State of Colorado Exhibit A to Resolution • INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND PITKIN COUNTY, COLORADO REGARDING THE ENFORCEMENT OF RULES AND REGULATIONS ON THE GLASSIER OPEN SPACE, EMMA FARMS TRAIL AND THE GLASSIER TRAILHEAD PARCEL THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement") is entered into on the day of , 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 81611 (hereinafter "Pitkin"). Pitkin and Eagle shall collectively be referred to as the"Parties". RECITALS WHEREAS, in 2013, Pitkin acquired fee title to the Saltonstall property for open space and passive public recreation purposes; and WHEREAS, in 20I4, Pitkin acquired fee title to Glassier Ranch which is contiguous to the Saltonstall property 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 Exhibit 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 Glassier Trailhead Parcel are owned, operated and managed by Pitkin County Open Space & Trails;and WHEREAS, the Glassier Open Space, Emma Farms Trail and the Glassier Trailhead Parcel exist entirely within unincorporated Eagle County; and WHEREAS, the Parties desire to set forth their understanding of the rules, regulations and enforcement 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 governmental entities are authorized to enter into intergovernmental 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 agree to the following terms and conditions: 1. The Parties desire to rely on C:R.S. 29-7-101 for adoption of rules and regulations on the Property and enforcement of the same. C.R.S. 29-7-101 (1) generally provides that any county may acquire and operate public recreation facilities, Resolution _-2015 Page 4 of 10 open space and parklands either within or without the corporate limits of such county and expend funds therefor and for all purposes connected therewith. 2. C.R.S. 29-7-101(2) states that "Any county through its board of county commissioners shall have the power, authority and jurisdiction to regulate and control public recreation lands and facilities owned or operated by the county by promulgation of rules and regulations pursuant to a lawfully adopted resolution." 3. The Pitkin County Code includes Title 12 concerning Open Space and Trails which allow for regulation of its open space and trails and related enforcement and penalties ("Title 12"). • 4. Pursuant to Resolution No. P0-201 5 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 . 5. C.R.S. 29-7-101(2) provides in part that "[i]t is the duty of the Sheriff and the sheriffs undersheriff and deputies, in their respective counties, as well as any county enforcement personnel authorized and appointed as described in subsection (3), to enforce the rules and regulations adopted pursuant to subsection (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. 29-7-101(3),provides, "Din addition to the enforcement of the rules and regulations by the sheriff, and undersheriff, or a deputy 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." 6. Pitkin employs Open Space & Trail Rangers who are responsible for enforcing Title 12. Through its Resolution No. N.O.- a0 , Pitkin expressly authorized its Open Space & Trail Rangers to enforce Title 12 on the Property including issuance of penalty assessments in accordance with C.R.S. 29-7-101 and Title 12 and Eagle County hereby acknowledges and consents to the same. Resolution -2015 Page 5 of 10 7. Pitkin Open Space & Trail Rangers do not have the power to arrest 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 have concurrent 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 performance 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 responsibility 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. 11.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 Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended, or otherwise available to the Parties,their officers 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 addresses 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 81611 with a copy to: John Ely, Pitkin County Attorney Courthouse Plaza Resolution -2015 Page 6 of 10 530 E. Main St. 3rd Floor Aspen, CO 81611 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 15. 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 governed by the laws of the State of Colorado. Venue for any dispute between the Parties concerning this Agreement shall be in the courts of Eagle or Pitkin County, State of Colorado. 18.None of the terms, conditions or covenants contained in this Agreement shall be deemed to be for the benefit of any person not a party 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 transfer any of its rights or obligations hereunder without the prior written consent of the other party. 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.Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any period after December 31'of any calendar year Resolution -2015 Page 7 of 10 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 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). PITKIN COUNTY, COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: 5&jai R Steve F. Child, Chair Attest By: .��i_/F 41444 Clef to the Board / COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Kathy Chandler-Henry, Chair Attest: By: • Teak 3. Simonton,Clerk to the Board Resolution -2015 Page 8 of 10 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 55 (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 (WHICH IS ALSO A.P. 4 OF SAID TRACT 54) THENCE N. 0°18' E. 98.52 FEET; THENCE N. 49°40'E. 256.32 FEET; THENCE N. 34°05'E. 219.5 FEET; THENCE N. 28°53'E. 223.2 FEET;THENCE N. 18°34'E.180.6 FEET; THENCE S. 85°55' E. 588.0 FEET; THENCE N. 87°10 E. 502.8 FEET; THENCE N. 6°31'E. 697.05 FEET TO THE NORTH LINE(BETWEEN A.P. 2 AND A.P. 1 OF SAID TRACT 54;THENCE N. 87°33' E.962.69 FEET TO THE NORTHEAST CORNER(A.P.1) OF SAID TRACT 54; THENCE S.0°23' E. 2901.36 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 54 TO THE SOUTHEASTERLY CORNER (A.P.7) OF SAID TRACT 54; THENCE S.88°45'W. 1347.06 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 54 TO A.P.6 OF SAID TRACT 54; THENCE N. 88°19'W. 1294.92 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 54 TO A.P. 5 OF SAID TRACT 54 AND THENCE N. 0°18' E. 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 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE S 26°49'35" E. 1472.92 FEET 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°33'00" 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 11IE FOLLOWING COURSES: N. 82°41'20" W. 394.76 FEET; THENCE N.69°33'30" W. 234.78 FEET; HENCE N. 40°23'15" 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, 1979 IN 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 11, 14 AND 15 OF SECTION 41N TOWNSHIP 8 SOUTH, 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 30, 2015 AS RECEPTION NO. 201514392 AND IN PITKIN COUNTY ON JULY 30, 2015 AS RECEPTION 621981. A STRIP OF LAND FOR THE PURPOSE OF A TRAIL EASEMENT SITUATE IN SECTION 10, 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' 50"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 SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT SAID ANGLE POINT 3 OF TRACT 57; THENCE ALONG SOUTH LINE OF SAID TRACT 57 N88 DEGREES 57'50"E 376.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE N22 DEGREES 12'27"W 729.81 FEET; THENCE N00 DEGREES 06' 24"W 91.36 FEET, THENCE N13 DEGREES 49' 53" W221.56 FEET; THENCE N 14 DEGREES 17'32"W60.73 FEET; THENCE N09 DEGREES 12' 25"W 150.96 FEET; THENCE Nil DEGREES 46'02"W169.93 FEET; THENCE N18 DEGREES 26'50"W 196.35 FEET; THENCE N00 DEGREES 13'51"W 50.11 FEET; THENCE N25 DEGREES 07' 29"W 64.94 FEET; THENCE N38 DEGREES 03'08"W281.71 FEET; THENCE N18 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 121.47 FEET TO A POINT ON THE SOUTH LINE OF TRACT 54, THE POINT OF TERMINUNS, 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 COUNTY. 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 COUNTY RECORDS; SAID PARCEL OF LAND ALSO SITUATED IN A PORTION OF GOVERNMENT TRACT 53 LYING WITHIN THE NE1/4 OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6 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 BOUNDARY OF SAID PROPERTY, WHENCE ANGLE POINT NO. 4OF SAID TRACT53 BEARS 500 DEGREES 15'57"E, 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 BOUNDARYS51 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 24'15"(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. I ' ' 41 LEWIS LN � • til•14 i �A th v3 • • MFq'DaNI' •R• • • • &mil • • • • 1 --' • • • • 1. • • •0.• • • • • • 1 • • 1,,,„,,;50,k‘• • • • • • • • • G-, •• O � F.• • • • • • • • • • • • • .NS • • • • • • • • • • • • • 4 <..11 • • • • • • • • • • • • .!ii • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ., • • • • • • • • • • • • • • I • • • • • • • • • • • • • • O • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • _ • • •• • • • • • • V . IP ■ �� • • • • • • • ,k ��INq� • • • • • • • • • • • .& ∎4 ■ - L I �♦♦♦'►♦. . x Ro A % I :, l■ .4 Eagle County Pitkin County • Glassier Open Space 0 Parcel Boundary �._/ Emma Farms Feet Exhibit B _ 4.4- Conservation Easement o 365 730 Glassier Trail Head Parcel • „_, �■ Emma FarmsTrail Easement -�°�=':::..