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HomeMy WebLinkAboutR16-005 Glassier Open Space Commissioner P--`7 i3--vi moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2016- w RESOLUTION APPROVING FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND PITKIN COUNTY REGARDING ENFORCEMENT OF RULES AND REGULATIONS ON THE GLASSIER OPEN SPACE, EMMA FARMS CONSERVATION AND TRAIL EASEMENT AND GLASSIER TRAIL HEAD PARCEL WHEREAS,on or about December 8, 2015 Eagle County, Colorado(hereinafter"Eagle") and Pitkin County, Colorado(hereinafter"Pitkin")entered into an Intergovernmental Agreement regarding the enforcement of rules and regulations on identified open space lands (hereinafter"Original Agreement"); and WHEREAS, the Original Agreement included some inconsistencies concerning the properties to which the Original Agreement would apply and Pitkin and Eagle desire to clarify the same through the First Amendment which is attached hereto as Exhibit 1; and WHEREAS, C.R.S. 29-7-101(2)provides in part that any county shall have the power, authority and jurisdiction to regulate and control public recreation lands and facilities owned or operated by a county by promulgation of rules and regulations pursuant to resolution; and WHEREAS, the Board of County Commissioners desires to approve the First Amendment by through this resolution. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the First Amendment attached hereto as Exhibit 1 is hereby approved and any commissioner may sign the First Amendment. THAT, the Board hereby finds,determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held theUP day of u -%-t, 2016. APF ` ED AS TO FORM By tivie t i 4Lto Eagf :Linty Attorneys Office By: Eagle County Commi stoners' Office COUNTY OF EAGLE, STATE OF 4°44% OLORADO,By and Through Its s z t OARD OF OUNTY COMMISS ONER ATTEST: _ (1104.-IL J J . �Ihnu _ 0 c'toeao° y: ���✓•1 ./ 41.4 Clerk to the Board of athy .ndler-Henry County Commissioners Ch.'r 0 McQueeney ro ss', :r Vi- i : _ M/4 H. Ryan Commissioner Commissioner V/Q cJ�_[_.tc_ti seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry 4, a Commissioner McQueeney y4-ti Commissioner Ryan 4-44 N This resolution passed by / 6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado )(4M11/11't 1 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND PITKIN COUNTY THIS FIRST AMENDMENT ("First Amendment") is effective as of the day of , 2016 by and between Pitkin County a body corporate and politic (hereinafter "Pitkin") and Eagle County, Colorado, a body corporate and politic (hereinafter"Eagle"). RECITALS WHEREAS, Eagle and Pitkin entered into an agreement dated on or about the 8th day of December, 2015, ("Original Agreement") to allow Pitkin County to enforce rules and regulations on the Glassier Open Space, those portions of Emma Farm Conservation and Trail Easement located in Eagle County, and the Glassier Trailhead Parcel; and WHEREAS, there were inconsistencies in the definition of the term"Property" in the Original Agreement, which could lead to confusion and Pitkin and Eagle wish to clarify this defined term through this First Amendment. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The term "Property" or"Properties" as used in the Original Agreement shall include Glassier Open Space, those portions of Emma Farm Conservation and Trail Easement located in Eagle County, and the Glassier Trailhead Parcel, all as defined in Exhibit A and depicted in Exhibit B and Pitkin shall be allowed to enforce rules and regulations thereon in accordance with the terms of the Original Agreement. 2. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] AP •OV D AS 0 FORM By: , ; Eag . . y Attorney's Office Eagle County Commissioners' Office • IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. PITKIN BOARD OF COUNTY COMMISSIONERS By: Steve F. Child, Chair Attest: Clerk to the Board EAGLE BOARD OF COUNTY COMMISSIONERS By: Kathy Chandler-Henry, Chair Attest: Clerk to the Board 2 Eagle County Amendment Ext Term Final 5/14 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; TIIENCE 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 SOUTII, 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 111E 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 THEREFROM 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 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. Emma Farms Conservation Easement Legal Description: 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. 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 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 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. LEW ISJ N� uN n MF., ADOVW'DR • • / I' 1 \ . • •• • �.`iL■1.J,� • •• • • • _ , �' • •• • •• yo •• •• • - 1 `��� ,.. I . . . . . . ��ss •• •• 1 ��a�s e�„.00.• •• • •• • •• • •• G' . •• ����� • •• • •• • •• • •• • •• • •• o • �:1PNSR' • •• •• •• •• • •• •• •• •• •• •• •• 4 r ,. • • • • • • • • • • • N41 • • • • • • • • • • • • .Z. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1 • • • • • • • • • • • • • • • U • • • • • • • • • • • • • • • I • • • • • • • • • • • • • • • 1 . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • - - • • • • • • • • • • % . • • • • • • • • • • I 1���♦ ZI O • • • • • • • • • • • YrwA'OTER-Fib • • • • • • • • • • • & � L 1 I • • • • • • • • • • • • ����►�� . �Ro11, • • • • • ���IL _of, ♦ ∎ i* ♦ ♦111 Eagle County A �. A A AAA.. A.A.�A Pitkin County • Glassier Open Space 0 Parcel Boundary Emma Farms Feet=Imo Exhibit B •• conservation Easement 0 365 730 Glassier Trail Head Parcel ya Emma FarmsTrail Easement �.M .-� -°-°M-°° ° °°