HomeMy WebLinkAboutR02-236 Referral of Land Use Development Applications480590
~` ~ I I'IIII VIII "I'I~ III'll "II I"I' IIII'I III ~~III IIII II'I 03%26/2003 11 :54R PA OLUTION ~ U3~~ G ~1
Y SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
:~ RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF P[TKIN ~
COUNTY, COLORADO AUTHORIZING P[TKIN COUNTY TO ENTER INTO
AN [TERGOVERNN[ENTAL AGREEMENT WITH THE TOWN OE BASALT
REGARDING REFERRAL OF LAND USE DEVELOPMENT APPLICATIONS
AND .IOINT PLANNING ACTIVITIES
RESOLUTION # 112~~ G
RCl'It.l[y
I . I•hcre arc currcnlly two f3a5aWPilkin County Intrgovcrmerntal Abrceme;nts
(hcrcinalte:r rerlerrcd to ..IS "l(1~\s") in ctYcct:
~Che; !))( lGA (attached as 1;xhibit'`B") addressers then need to furmalizc land use
rel-'errals between Basalt and Pitkin County.
The 19I~5' [G/\ (attached as Exhibit `'C") addresses Pitkin County's funding of the
Basalt slip lane and round-about project out of [ Iighway 82 Use Tax revenues; and
Pitkin County's granting of a quit claim deed t~~r Basalt :avenue. "Clie 1998 [GA
contains the following a~~reement:
'~Bcrscrlt and the L'ounn~ agree t/acct error to the Cvunty's.Jiuzcling t/ae.5'/rp 1U17L' pl'Ofect !1a I9tI9,
L3usult and the Cvunrl~ s/za!! negotiate toad agree upon crn crmencl~nent tv t/ris
hatergurerrvnenlul ,-I,~~rc~naent which ucldi•esses the c;vnvc-vunc•~~ cnzclinr unraescrtion of~Bctsctlt
.~nenzre south of the Basalt .-lrenue Bridge to the Highlrcry ~Y2 ri~lht-o~=tivuv, the cuan~ccrtiaa vJ~
the Roaring Fork ,~IoGile Hvnae Park, ctnd crclcfresses the apprvvul by Bctsult card the Cuwat_v of
cleveloprnent ~rnd !t'rncl rrse changes within tlu•ee miles of the Town of'Busalt. "
?. The attached IGA (Exhibit "A'') addresses several requirements contained within
the above-referenced 1996 and 1998 IGAs.
NOW THEREFORE, BE [T RESOLVED BY THE BOARD OF COUNTY
C0IVIMISSIONERS OF PITKIN COUNTY, COLORADO, that the BOCC and the
Town of Basalt enter into an Intergovernmental Agreement fur the purpose of facilitating
coordinated and cooperative planning and decision making with respect to fi.iture
development within the portions of Pitkin County located within the Three Nlile Area
identified in the Town of Basalt Master Plan of 1999, and authorizes the Chair to execute
the attached Intergovernmental Agreement on behalf of Pitkin County.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON
THE 24TH DAY OF JULY, 2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON THE 30TH DAY OF JULY, 2002.
CONTINUED SECOND READING AND PUBLIC HEARING ON THE
1-h II DAY OF AUGUST, 2002 TO THE 2~T"DAY OF SEPTEMBER, 2002.
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CONTINUED SECOND READING AND PUBLIC HEARING ON THE
25th DAY OF SEPTEMBER, 2002 TO THE 9TH DAY OF OCTOBER, 2002.
REVIEWED AT THIRD READING AND PUBLIC HEARING ON THE ~rx
DAY OF DECEMBER 2002.
NOTICE OF PUBLIC HEARING PUBLISHED [N THE WEEKEND
EDITION OF TfIE ASPEN T[NiES ON T[-[E 23aD DAY OF NOVEMBER, 20(12.
~\l'PItUVEI) Ul'ON THIRD READING AND PUBLIC !-[FARING ON T1[I~'.
-;l'~~~~ DAY OF DECEN[BEtt, 2(102.
PUBLISHED AFTER ADOPTIO N THE WEEKEND EDITION OF "t'HE
ASPEN T11V[ES ON THE DAY OF 2002.
ATTEST: BOARD OF COUNTY CON[1V[ISStONERS
OF PITKIN COUNTY, COLORADO
Jones ~ Patti Kay-Cla per
Clerk Chairman
Date: I Z~ G5 ~G?
-T
APPROVED AS TO FORM:
- --
`~ ~_
.Iohn
Attorney
Hilary Smith ~z13 OZ
County Manager
Clhome/ellensilongrangeibasa1d2002 iga reso.doc
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SILVIR DRVIS PITKIN COUNTY II 03/28/2003 11:548
CO R 0.00 D 0.00
EXHIBIT "A"
INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AND THE TOWN OF BASALT
~~,,e ~'~ ~Nd
~FOw~yc ~o~,~Ifyty
~o roo , F~~ r~, Yy,
. u,^cae~~~
REGARDING REFERRAL OF LAND USE DEVELOPMENT APPLICATIONS
AND JOINT PLANNING ACTIVITIES
THIS AGREEMENT is entered into this ~ ~ day of ,
2002, by and between PITKIN COUNTY, COLORADO, a Home Rule County,
hereinafter referred to as the "County," and the TOWN OF BASALT,
COLORADO, a statutory municipality, hereinafter referred to as the "Town."
Together the County and Town are referred to herein as the "Governments."
WHEREAS, the Town and County acknowledge that future development
within the portions of Pitkin County located within the Three Mile Planning Area
identified in the Town of Basalt Master Plan of 1999 could result in substantial
impacts, both positive and negative, within the County and the Town. The
necessity exists for coordinated and cooperative planning and decision making
with respect to such development between the County and the Town as well as
the establishment of evaluation, design and mitigation standards for both direct
and indirect on-site and off-site impacts of such development; and
WHEREAS, the parties desire to enter into this Agreement at this time in
order to ensure and define Town involvement in the review of those development
proposals subject to County review hereunder, and to ensure and define County
involvement in the event of proposed annexation by the Town of any part of the
Town's Three Mile Planning Area. When used herein, the term "development
proposals" means either an application for development, an application for
rezoning of parcels within this area, a text amendment affecting development in
the Three Mile Planning Area; and any County proposal for rezoning of parcels
with this area; and
WHEREAS, Sections 29-1-201 and 29-20-105, C.R.S., as amended, inter
alia, authorize local governments to cooperate and contract with other
governments for the purpose of planning and jointly regulating the development
h
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of land with the goal of avoiding duplication of services and providing for quality
development affecting the governments.
NOW, THEREFORE, in consideration of the obligations, covenants and terms
expressed herein, the parties agree as follows:
1. Purpose and Intent
Of fundamental importance to the citizens of both the County and the
Town is the assurance that decisions of the County or the Town, in the event of
annexation, relating to the use of land within this area are made in a manner and
in accordance with a process which recognizes the need and right of all
interested parties to have a reasonable opportunity for participation in the
decision-making process. Although all such decisions must be consistent with
the Pitkin County Land Use Code, or, in the event of annexation, the state
annexation statutes and the Town of Basalt Municipal Code, the Town and the
County acknowledge that proposed uses necessarily involve direct and indirect
on-site and off-site impacts on the County and the Town. To that end, the
purpose and intent of this Agreement is to facilitate the cooperation between the
Governments to ensure that any development subject to a coordinated review
under this Agreement is undertaken in an orderly and efficient manner, fully
integrated with existing and contemplated land uses, in order to safeguard the
interests of the citizens of the County and the Town. This Agreement is intended
to foster the following principles and benefits:
a. To further the goals and intentions of the Town Master Plan
of 1999, as amended, and the relevant portions of the County Master Plan, as
amended;
b. To assure that urban scale development occurs within the
municipal limits of the Town of Basalt;
c. To preserve and protect natural wildlife habitats;
d. To maintain the natural beauty of the Three Mile Planning
Area by preserving, to the maximum extent possible, existing scenic views by
minimizing adverse visual impacts and protecting areas of historical importance;
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e. To facilitate and ensure fiscal planning for the adequate
provision of essential govemmental services consistent and compatible with land
use and development decisions;
f. To require specific assurances of adequate provisions for
water, sewerage, drainage, air quality, open space, roads, parking,
transportation, public services, public facilities, and affordable housing;
g. To protect the environment and quality of life through
appropriate controls and standards designed to provide adequate open space; to
avoid unserviceable concentrations of populations; to avoid congestion on
roadways; to provide for clean air; to protect water quality and eliminate stream
pollution and excess sedimentation; and to prevent erosion and development on
any unstable slopes;
h. To protect life and safety due to flood hazards; and
i. To otherwise preserve, promote and protect the health,
safety and welfare of the citizens of and visitors t e~nrri-arrd Ooiinty:~rv-'~
2. Joint Plannin Activities for oarin Fork Mobile Home Park
a. The Town agrees to transmit a developme plication
and annexation request for the Roaring Fork Mobile Home Park in accordance
with the procedures established in Section 6 of this Agreement.
b. Upon receipt of an Official Joint Meeting Request from Pitkin
County for the Roaring Fork Mobile Home Park, the Town will schedule a joint °
meeting between the two Governmental bodies to address concerns that are
raised in the County's request lette dedin 5ect-on f this Agreement.
3. Annexation o asalt Avenue Pro erties
a. The Town will complete the annexation of Basalt Avenue as
soon as possible.
b. Once the annexation ordinance for Basalt Avenue is adopted
by the Board of Trustees, then the County will pay the Town of Basalt the
remaining $25,000 for the roundabout and slip lane improvements and will
execute the quit claim deed for Basalt Avenue granting the County's interest in
the right-of--way to the Town of Basalt.
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c. The Town of Basalt intends to annex the park-and-ride ~
owned by the Colorado Department of Transportation within five years from the
date of the execution of this Agreement.
4. Adoption of Urban Growth Boundaries and Master Plan
a. Pitkin County hereby supports the Town of Basalt Urban
Growth Boundaries ("UGB") as the UGB in the area around the Town.
b. Pitkin County hereby supports the Town of Basalt 1999
Master Pla~i which is the Three Mile Plan for the Town of Basalt (to the extent it
pertains to Pitki~ty). ~~~
c. At pre-application conferences, Pitkin County will advise
property owners that their property is within the UGB, and recommend that they
consult with the Town regarding annexation prior to preparation of their
development application. If the applicant and Town wish to pursue annexation,
Town procedures for annexation and development will ensue, following the
procedures outlined in Section 6 of this document. If the applicant wishes to
develop in the County, County land use development application procedures will
be followed, subject to the procedures outlined in section 6 of this document.
d. As the County has no intention of providing urban services
within the UGB, the County will coordinate closely with the Town of Basalt as the
County prepares or reviews changes in zoning for areas within the Town of
Basalt's UGB.
e. The County affirms its best in#erests not to approve urban
level development, and in particular affordable housing, outside of the UGB and
inside the Three Mile Planning Area. The County will not approve such
development unless the Board of County Commissioners makes all of the
following findings:
(1) The development is necessary to remove households
from unsafe conditions;
(2) The development is consistent with the goals of
Basalt's Master Plan; and ~
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(3) The County has complied with the Joint Review
Procedures established in Section 6.
5. Support of Town of Basalt River Master Plan
a. To the extent that it is able, the Coun the Tow
of Basalt's im lem 'on of the River Master Plan.
b. The County may designate a representative or
representatives to participate in committees established by the Town to
implement the Basalt River Master Plan of 2002.
6. Coordinated Review and Approval of Development Proposals
With respect to development proposals outside of the Town Limits
and within the Three Mile Planning Area, the parties agree to the following:
a. The Town and the County agree that the entity which has
final jurisdiction and with which the application is filed ("Approving Entity") will /~
transmit land use applications in the Three Mile Planning Area to the other entity p~i~'' C
("Reviewing Entity"). The applications will be sent to the other party no later than
the time the development proposal is transmitted to the other referral entities.
b. Upon receipt of a referral request, the Reviewing Entity will
review the request under the procedures established by that entity and will
the level of res onse (by way of example: no comment, staff V'~ ~-(~
determine P
response only, response by the Planning and Zoning Commission, and/or
response by the governing body).
c. At any time before final action on the development
application, the Reviewing Entity may:
(1) Request copies of all documents submitted by the
applicant or comments or studies prepared by or for the Approving Entity, and
said request shall not be unreasonably denied and shall be complied with timely
to the review of the development application.
(2) Make a recommendation on the proposal.
d. At any time before final action on the development
application, either the Reviewing Entity or the Approving Entity may:
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(1) Submit a Joint Meeting Request. Said request can be f
~ n~ made by the respective Planning Director, the Town Manager or County '
~~ ~~ ~ Manager, Mayor, or County Commission Chair. Upon receipt of such request,
r~
the governing bodies shall schedule a joint meeting between the two Boards in a
timely manner to ensure adequate consideration of all concerns during the
approval process.
(2) Nothing shall prevent representatives of either
governing body from attending noticed meetings of the Approving Entity and
participating in that meeting under the rules of the governing body holding such
meeting.
e. Both entities agree to make every reasonable effort to give
consideration to the concerns raised by the other entity, to incorporate
recommendations made by that entity in the final action on the development
application, and to approve the application only when the other entity is
;` comfortable with the application along with any conditions of approval.
~`" f. The Town agrees that annexation agreements shall require ~
property owners annexing and subsequently developing land to mitigate impacts
of said development on County Roads in the Three Mile Planning Area.
7. Master Plan Update
In addition to the coordinated review of development approvals
provided for in Section 6 hereof, the Governments agree to refer updates,
changes, amendments and revisions to the respective Master Plans of the
Governments (to the extent related to the Three Mile Planning Area) to the other
Government for review and comment. The Reviewing Entity shall be provided
adequate time within which to provide referral comments.
8. Other Joint Activities
The Town will work with the County to develop a workable TDR
program where the Town will take TDRs from Pitkin County within the Three Mile
Planning Area or the Frying Pan if deemed acceptable in the Town's adoption of
a TDR program.
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9. Enforcement
It is the intent of both the Town and the County that this Agreement
be binding upon both the Town and the County and that either party hereto shall
be permitted to enforce this Agreement in a court of competent jurisdiction by any
legal or equitable means, including specific performance, declaratory, and
injunctive relief.
10. Term
This Agreement shall become effective upon signature of an
authorized representative of the governing body of each party, and shall remain
in force and effect for five years from the effective date, unless terminated prior
thereto by agreement of the parties. The Agreement shall automatically continue
in effect for a second five-year term unless either party notifies the other not later
than ninety (90) days prior to expiration of the original term that such party elects
not to continue the Agreement.
11. Amendment
Any provision of this Agreement may be amended at any time
provided that prior written approval of the amendment has been obtained from
both the Town Board of Trustees and the Board of County Commissioners.
12. Other Agreements
Nothing in this Agreement shall prevent either party from entering
into specific study agreements with any private party or governmental entity.
Nothing in this Agreement is intended to abrogate, limit, amend or affect the
rights, remedies or equitable positions of the parties in and to any agreements or
actions relating to development within the Three Mile Planning Area in which the
Town or County are parties.
13. No Waiver of Jurisdictional Authority
The Reviewing Entity's agreement to participate in the manner
specified in this Agreement is not and shall not be interpreted as a waiver of its
jurisdiction under the Reviewing Entity's Code or as otherwise provided by law,
and is not and shall not be interpreted as a waiver of any rights it may have to
seek judicial review of a decision of the Approving Entity as provided by law. The
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Approving Entity's execution of this Agreement shall not be construed as an ~
admission of jurisdiction, standing or authority of the Reviewing Entity with
respect to land use or other action of the Approving Entity beyond those arising
from the specific rights granted in this Agreement
14. Severability
It is hereby declared to be the intention of the parties that the
sections, paragraphs, sentences, clauses and phrases of this Agreement are
severable and, if any phrase, clause, paragraph, sentence, or section shall be
declared unconstitutional, invalid or unenforceable by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality, invalidity
or enforceability shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Agreement.
Executed in duplicate originals on the day and year above first written.
BOARD OF COMMISSIONERS TOWN OF BASALT,
OF PITKIN COUNTY, COLORADO COLORADO
, 7
Patti-Kay Clapper, Chair Richard P. Stevens, Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
John Ely,-Cou " i~rney Joseph E. Edwards, II1, Town
~_ " Attorney
112502cIean d raft5pitbasaltiga. doc
EXHIBIT "B"
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SILVIii DfiVIS PITKIN COUNTY CO R 0.00 D 0.00
Town. An initial work _roup meeting will be held not later than April 1 ~, 1997 to
determine an appropriate time line and work schedule.
b. A joint work group, which may be the same as 4a above, will consider the
possible utility and practicality of employing indicators of sustainability and concepts of
cam~ing capacity in the joint planning and review procedures of the governments as part
of the process of updating the Down Valley Plan.
c. The Governments recognize that this Agreement is procedural and e:cploratory. [t
is intended to establish a basis of understandings and to be superseded by an agreement
embodying substantive, definitive and comprehensive descriptions of responsibilities and
obligations of the parties, including systems and procedures to be established and
maintained. It is anticipated that a second generation agreement, if mutually desired, will
be completed no later than October of 1997. with a first draft of such agreement to be
produced for joint consideration no later than September 1, 1997. Such an agreement
may incorporate results of the inquiries. studies, reports and findings which may emerge
from the work defined in this Agreement.
d. In recognition of the priority the Governments place on the successful
accomplishment of this Agreement, each entity specifically directs staff participation at
joint staff meetings of two hours duration to be held twice monthly. Such meetings will
be held at times of mutual convenience and location commencing the first week of
November.
~. Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments, and signed by
authorized officers of each party.
6. Severability. Should any one or more sections or provisions of this Agreement be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or
invalidate the remaining provisions of this Agreement, the intention being that the various
sections and provisions hereof are severable.
7. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be hand delivered or sent by registered or certified regular mail, postage
prepaid, to the addresses of the parties herein set forth. All notices so given shall be
considered effective 72 hours after deposit in the United States mail with the proper
addresses as set forth below. Either party by notice sent pursuant to this paragraph may
chance the address to which future notices shall be sent.
Notice to the Town: TO~vri of Basalt
c;'o Town .administrator
101 :Midland Avenue
Basalt. CO 816? 1
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SILVIfi DiiVIS PITKIN COUNTY CO R 0.00 D 0.00
Notice to County: Pitkin County Board of County Commissioners
cJo Pitkin County l~lanager
X30 East Main Street - 3rd Floor
aspen, CO 81611
The foregoing Agreement is approved by the Board of County Commissioners of
Pitkin County at its regular meeting held on the ~_ day of
~~~~ , 1996 and~b/~ the Board of Trustees of the Town of Basalt at a regular
meeting held on the ~`~ day of 1996.
BOARD OF COL~ITY CONi1V1ISSI0NL-RS
PITKIN COUNTY, COLORADO
By ~~- --£-~ t'
s-q~
A ST: ~,liairman ' ~1
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,,,,,,,,,,,,,, ~ TOw,1 OF BaSALT, COLORADO
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Clerk
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iNTfiR00VERNMENT~- AGREEMENT ~
THIS iNTE OVERN ENTAL AGREEMENT (the "Agrsem~tt") 1s made this
~~'( day of 1990 by and between th®; 9osrd of County
Co~nmisslona's Itkin County. Colorado, whose address is S3q East Main street,
Aspen, Colorado ("ths CountY'1 and the Town of Basalt. Cok:rad~ ~'BesaiC'). whose
address is 101 Midland Avenue. Basalt, n~ orado. Tha County and B~ealt are tometirnes
coliectly@ly referred to as tho Governrne
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1. Thls Agreement i¢ entered Into pursuant to, !!!tli:,~ ~.R.B• X29-1-201, et
seq. and Arch XIV, Section 10 of the Colorado Constitution. ~
2. The Oovsrr-ments are duly cvn$tituted governmental ntfdes, OoveTed by
9oarda or Couneilm elected by qualified electors of the County a d Town Montioned
above, both of which are located in Coloredo.
3, The purpose of this Agreement is f set aotrt~th~ dN~~Y ~~ ~st~hs
end obligations of the Governments relating to cr~~
Emma Bridge and that portion of the old Emma Road within Pitkin C~unty~, also known as
County Road No, 2, also known as Basalt Avenue, from its interne an with Two Rivera
Road to its interaectiorl with the Colorado Deparhrt~nt of Transporlst! n Highway 82 R(ght-
of--way.
4, Pitkin County has agreed to fund 585,000 to Basalt the ropint far
the Emma Bridge, to be paid to Basalt upon its taking poseeasion of • Emma Bridge.
6. The County and Basalt haw agn~ed that the Town will ' crept conveyaneo of
the Bridge by a Quit Claim Oeed in the form attached hereto as Exhi it A and incorporated
by this Wafers»ce. ~
8. The County ha= authotia®d a total expenditure of ~ 5360,000 out of ks
Highway 82 Use Tax revenues for the round-about and slip lane pr~eot. Pursuant to an
are) understanding between the County and Basalt, 317b,000 of that funding is to be paid
in 199$, an addigonal $1Tfi,0oC of the funding i1t to pe paid in 1989. The terms and
conditions of such payments are set forth in this Agresrnent.
z. The terms and conditions for the Emma Bridge fundi g are set forth in the
Marnorslndum of Understanding dated November 21, 1997 n the County and
6asak ~"Emrna 8rldge MOU").
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NOV. 19. 2001 10 ~9A~ _<i~ ,^,CUNiY .;3~:~ ,9CR~(~...,....__..... •~•"VC. 3607_.x: ,
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to enter into this A~roement, and hove
8. The Govemmenta ere authorized an~ the Town of 9asalt
determined it is In the beet inter'este of the oitlx°"s at Pitldn County `
to enter into this ~ii~^''ent• ~
ilk
NOW, ?HEREP~asRsndfooH~r~ good nd vial sb~ conskierat
agreeR+onte oR the parts
auitioiencY of which is hereby acknowledged. the parties agree as tt
1. ~~ The County shall fund the
fed for the Emma Bridge project, Immediately upon
money it p tip
the Oult Claifl- Deed for th® corw~syence of the ~nma 9ridgs to E~
. comply with st! provisions of the State 8rld9e Grant and all other o
~8rtdge MOU.
2. ,
p, 8asah ghatt;
~i promises antl
the adequrcy and
Wing i85~000 of
's seceptance of
9aestt agrees to
ins of the Emma
(1) complete construction of the round-~bou~ and notated
pedestrian bus stop and trafRc ~P~n~n of In a CourriydE 9 ee 1
payment request to the Caunty to
with copies of itemized bills for that work. ~
build a westbound slip lane fl'om Emma R ad to Highway 8Z in
1999 and submit a payment request to th® Co my (attenNo^ of the ~ .
County Engineer) with oopiss of itemized bibs , lead for all such
work,
• ,
8, The County Shall;
~~~ promp8y reel®w tha itemised bills for the r nd-about work and
assocleted irnproverrients. Paymont to• Bssalt shall occur following
approval of the bibs and payment request from watt by the County ;
Engineer.
(2~ to the extent that the round-e ~ and essoaaEed
iMprovementa axoead ~1~5,000, payment for mounts in excess of
5175,000, but kss than !950,000, shsN be msd in the first quarter of
1899, after approval of the payment request by a County Engineer.
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SILVIR DRVIS PITKIN COUNTY CO R 9.00 D 0.00
RESOLUTION OF THE BOARD OF COITNTY COIYIlYIISSIONERS
OF PTTKIN COUNTY, COLORADO, 3UTHORIZING THE BOARD TO ENTER INTO
~Y Pl ITER-GOVERNME`1T:~L 3GREEIY~'Y''i' WITH THE TOWN OF BALSALT
EZesolution No. 96-~y
RECITALS
1. The Board of County Commissioners of Pitkin Countr (hereinafter "Board") under the
authority granted pursuant to C.RS. 39-1-~01 and Article `flV, Section l~ of the Colorado
Constitution is hereby entering into an Inter-governmental Agreement with the Town of Basalt.
The primary purpose of this agreement is to Set t'orth the !-esponsibilities and obligations of these
goverrurent entities retarding land use planning in the ~nc:nlty of the Town of Basalt.
:. the Board considered this matter at ~,vorksessien meetings on September lU. Szpte:nber ~4
and October 3, 1996. During these meetings, the Board and Sta. in coordination with the Star
and 3oard of Trusters of the Town of Basalt. re~rie ;ved and made re~risions to the averment.
3. The Board has determined ghat it is in the best interest of the citize.~s ~f Pidcin County and
the Town of Basalt to enter into this averment.
vOW, THEREFORE, BE IT RESOLVED '~y the 3oard of County Commissioners that
it does hereby approve the Basalt inter-governmental ~grerment (attached as E.Yhit;it ~j and
authorize the Chair to sit7n the agreerneat on behalf of the Board.
INTRODCCED, FIRST REND A1W SET FOR PUBLIC HE.~RING at the regular
mee•~ing on the 6th day of~tovember 1996.
NOTICE OF PUBLIC HE_~RING PUBLISHED IN THE ASPEN TTN[ES on the ~/~
day of Lc~~-`~~96.
APPROVED :~~tD ADOPTED BY THE BOARD OF COU: TY COMNIISSIONERS
:AFTER SECOND RE ~DPiG at a duly noticed public hearing on December, 1996.
PUBLISHED AFTER :ADOPTION IN THE ASPEN TiriES WEEKLY ON THE
`~~DAY OF , 1996.
~~
480590
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ltesoludon X10.96-~ / 03/26/2003 11: saF
SILVIfi DAMS PITKIN COUNTY CO R 0.00 D 0.00
Pale
HAVE ATTEST:
~~GL~
Je Jones,
Deputy County Cleric
APP OVED :~S TO FORM:
~~
John Eiy,
' \ County attorney
c:',home`.timmlcountylr,~ mile~.reso.doc
BOARD OF COUNTY CONIlVIISSIONERS
OF PI1'KIlY COUNTY, COLORADO
By: ,~„_
%a~. True, Chairman
:APPROVED 3S TO CONTENT:
Cindy Houcen.
Community Deveionment Director
~3
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48@590
page: 21 of 24
03/26/2003 11:54P
0 0.00
(3) ~popArak in good pith with BesaR to pr
Basalt concaminp the ~tus of tha rekrenca
Avenue as a public coed, 8udt intortstadon shah
User Tex Fund requests relating to that roa
depicting the road, copies of deeds rstertin9 ~
other Information as the County might havo cone
publk htionW~a4ub~euprovidsd tos8atva t2 ygthe~
informs
later then Decernbor 31, 1998,
~;:+'''
,~,,. 3. Futu~~,bt9slQ~. oatok and tiro Courtly apnea that i
e slip lane proieet 1n 1909, Basalt and tha County shag i
upon a~n amendment to this Intergovernmental Agreement wt
~ conveyanco andlar annexation of Basalt Avenue south of tho Baa81t ~
Highway 8Z Right•of~Way, the annexation of the Roaring FoMc Mol
addresses the apps*t by Basalt end the County of development a~
within three (3) miles of the Town of easah.
4, tf Tht: Agraeme a 8oardseof the Qovemn
an Agreement approved by ~ respeai
authorized officers of Bach party.
le Inbrmation to
iorNon of 8asslt
uda any Highway
copies of m9tpa .
y road, and $uoh
InA its atattu sAS a
~ndlor tc). 8uch
unty Engineer no
.,.-••
sr to thi t„ounty's
foliate and agree
t addre~~aa the
mue Bridge ~ the
~ Homo Perk and
land use changes
only in writlr+g by
e and slgnad by
• Should any one or more sections ~ r provisions of , his
5,
Agreement be iudicislly adjudged invalid or unenforceable, such Judg nt shall not affect,
irrtpoir or invalidate the remalninhepr~ ace saveralbte~, reor~ertt, the i lion being that the
various sections end provisions
g, Any notice required or perrnt9ed under Tfiis ~
wrtting end shall be hand delivered or sent by raglstered or cerdtied
pre-paid to the addresses of the parts®s as foltaws. Fr'ther parry by
paragraph may change tfie address to which suture notices should bE
Notice t0 Town of Basalt:
Notice td Pitkin County;
gent.
Town of Basalt
Go Town Administrator
101 Midland Avenue
Bss9it, CO 818x1
Pitkin County Board of
c/o Pitkin County Mans
580 Ee=t Main Street -
Aspen, CO 8181 i
tent shalt be in
r mail, poetaq~
sent under this
Commissionerm
Floor
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._. UNCV. 1~. 2Qii1 11;~)QaM._~ ~P!TKI~ CCUNTY ?U3L;C '~JORK~, . ,...--.._~-._ ~NU. ebb!" "",
,..,. . ......... - ..... 480590
,I~,~ 0392612083f 114348
SILVIR DFVIS PtTKIN COUNTY CO R 0.00 D 0.00 I
e roved by the 80 of Cot~ly C s Wore at P 9 i
The toregoinp Agreement ~s PP -i dsy of
County at ito r~ulsr ~eEtin9 hold on the
e eoerd of Tru ee' of tho Town ~ Baeelt .t • regular etin~ he1a on the
an~ ~- ~y ~ ,13sa.
80ARD OR CCUNTY COMM18810NER8, ~-~~~ '
PITKIN COUNN~ COIORAD~
By• ~/.Z ' !'~
o~othea Petrie, Chair
TOWN OF 8A8ALT, COt_ORADO
By. icMerd P. 8teve~-=. Mayor
e~nntNWla~dee
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BOird Oi C04t1h/ COftti~S=L0~5 Ol Pit1C~A COllltty, CA~OI~, a Chi f'~D F;Oflf~ t~Y16 ~ A
County ("Grtt1W~'~, wboee lags) addt+ese is SO6 Swt Main. Aspen, Ca o gi611, a;td _~~
the Town o[.Baselt, Colorado, a mmnicipal oorporadon ("Gtenoes'7. w ose lapl sdOrese ~.
is l41 Midisttd Avenue, Basalt, Colorado 11621. ~
for tt-utwl consldecsdon, the teeeipe sod = o
yviTNBSSA'i'H. that die Grentoc, ~ lord, end ~-->
eut'Aolettcy vi whleh Is hereby ackaowledded, has remised,
thew tsars does nml;ee, rolease. tell, sQd ioclaim onto ihs
quitolaitped, end by pn -~,
Grantee, its successor and :aligns. forever. all the dgttt, title. lnterac. o e9m, and dstnand
which chs c3rarttor h1s in artd to the real property- togethot with ltnp~ovamenn, it any, -- Y
sitvats, lying. tad being In the County of Pitldn and the Stets of Colpo#~asiio, deecribcd ~ ~N
Foilvws; ~ o
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The Ettnms Bridge, PTT-0OZ~00. t . -~
'1'D FiAY6 AND•TO H~i.D the Same, together with all and iM ac the
appurtenaa~et attd privileges thoreunto beloagin` or in aeywite Ih appectsiniag, •
~d ai1 etie estate, night. title, interest, and alaitu whatsoever, of the G tor, e4ther in law
yr equfty, to tba oa1y, pcopee use. benefit attd behaof of teen drantee. ire ttoeettors and
• ~signt, forever. ~ '
~ g$ wHP~tEOF, the Grantor has executed this deed ~n the darn let
. lath above.
_ eoA~ o~ couNTY cg~sstos
OP PP1'iK~T COUN'T'Y, C, L06lADO
Dorothea
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ZK=RS.Ndv.NNB•N~t~N
STATE OP COLORAI~ ~ ss.
COt3NTY OF Pr17~1 )
fot+egoit~ instrntooslt wa` aekuowlsdsed ~ Doetd of C
1995 by Doro~ef FardS. Cluir
Pitkitt Ca~mty, Coiosado.
Witness my haud:ad oetiotet seal,
My commissioner wcpiws: r ~
Aaoepted ~y:
o~
~~ t~ „~ ~d'' TOWN OF ~
ay
STATE OF COLORADO )
as. -
COLTNI'Y OF PTl'KIl~ )
Tlie f~S~ ~ was as no lodged b
1998 by
amel Colorado.
WigtesS my b~ and affioid seal,
My commissioner expiroa:
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