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Home My WebLink AboutIntergovernmental Agreement between Garfield and Eagle County.·I JNTERGOVERNMENT AL AGREEMENT BETWEEN 1 THE COUNTY OF EAGLE, STA TE OF COLORADO AND THE COUNTY OF GARFIELD; STATE OF COLORADO · 1-JJS lNTERGOVERNMEN~L AGREEMENT, made and entered into the 9f"4 day of I" · , 19~y and between the County of Eagle, State of Colorado, a body corporate and politic, y and through its Board of County Commissioners (hereinafter referred to as "Eagle County"), and the County of Garfield, Stale ofColor.tdo, a body corporate and politic, by and through its Board of County Commissioners {hereinafier referred 10 as "Garfield County"). WITNESS ETH : WHEREAS, the Fox Run Meadows Limited Liability Partnership has applied lo Eagle County for subdivision approval for the Fox Run Meadows Subdivision (hereinafter referred to as "the Subdivision") in accordance with and pursuant to the Eagle County Land Use Regulations; und WHEREAS, the Subdivision is located within a contiguou.-; portion of Eagle County and Garfield County; and WHEREAS, Engle County end Garfield County desire to enter into an agreement la authorize Eagle County to have jurisdiction over lhal portion of the Subdivision which lies in Garfield County, for planning and zoning purposes only, which shall include establishing 11.nd enforcing zoning and Jund use regulations except os otherwise provided herein. NOW, THEREFORE, Engle County and Garfidd County, for the considerations set forth, agree ns follows: l . Authority This Agreement is entered into under lhe authority of local governments of the Stale of Color.tdo to contract with one another for the joint provision of services or functions which thc:y can provide individually; Section 29-1-201, ~ .• C.R .S. as amended . and Article XIV , Section 18, Colorado Constitution. 2. Scope or Agreement A. Eagle County shall have the authority to administer 11.nd enforce its Land Use Regulations, including its zoning, subdivision und public improvement requirements for the entire Subdivision, including that part that lies in Garfield County, us shown in Exhibit "A", attached hereto and made a part lu:reofby this reference . S /NJLJS :5 ... ,GH11 1 vJ:5 l 1-.; , /) {) ,C -',' /~ • "< I J/.j.1W1 , t!;) ~1. ; • Y,, •'. 1 I llllll lllll llllll llllll 1111111111111111111111111111111 520178 02/09/1198 03 :49P 81052 Pl79 n ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO B. Easle County shall not issue any building pc:nnils for construction or any improvements or structures on that part of the Subdivision located within Garfield County. 3. Modificatiuns and Waiver No modification of this Agreement shall be valid unless such modification is agrc:ed to in writing and signed by Eagle County and Garfield County . 4. T~rm ur Agreement This Agreement shall commence upon the signing of said Agreement, and shall be perpc:tual. Either puny may tenninatc this agreement without cause upon thirty days' written notice to the: other party. 5 . IS nJitt.\. Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, addressed as follows: GARFIELD COUNTY: c/o Garfield County Attorney I 09 8th Street, Suite 300 Glenwood Springs, Colorado 8160 I EAGLE COUNTY: c/o Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 6. Miseclhaneous Provisions A. This Agreement does nol and shall not be dccmc:d to confer upon nor grant to any third party any cause of action, right to sue, or allow any claim against either Engle County or Garfield County or their officers, agents, or employees becuusc of any services provided herc:undcr or any breach hereof or because of any tc:rms, covenants, agreements or conditions contained herein. B. This wriuen Agreement embodies the whole agreement betwt:cn the parties hereto, and there are no inducements, promises, terms, cond itions or obligations made or entered into by either Eagle County or Go.rficld County other than those contained herein. C. This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by either party without the prior writtc:n consent of the other respective party hereto . 1111111111111111111111111111111111111111111111111111111 520178 02/09/1998 03:49P 11052 P880 n RLSDORF 2 of 4 R 21.00 D 0.08 GARFIELD COUNTY CO D. All agreements and covenants herein are severable:, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. E. In the event that a court of competent jurisdiction detennines that either of the parties hereto does not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. f IN WITNESS WHEREOi the panics have hereunto set their hands and seals the ~day of _f.!zM~ , l 99J. .. t_j f'· \ \'; ATTEST: '-. ·~:~~:) Dy~~::~ am Fisher Clerk of the Board of County Commissioners A'l"rEST: By :~~ NmCd'Alsdorf Ii.Hr . -\Clerk of1he:Board .of Caudty-C-emmfssiqncrs ... •".. .. COUNTY OF EAGLE, ST ATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO By and Through Its OOARD OF COUNTY COMMISSIONERS sy: »fa~~ .) dz.z-?cL Marian I. Smith, Chairman 111111111111111111111111111111111 111 111 m 11111 1111 1111 520178 02/09/1998 03 :491' 81052 P881 n Al.SDORF 3 ol 4 R 21.00 D 0 .00 GARFIELD COUNTY CD ll !I A PARCEL OF LAND SITUATED IN THE NW1 /4SE 1/4 OF SEC . 28, ,, •I T.7 S., R.87 W. OF THE 6TH P.M. COUNTY OF GARFIELD , STATE OF COLORADO 111111111111 llllll llllll 1111111111111111111111111111111 520178 02/09/1998 03:49P 81052 P882 n ALSDORF 4 of 4 R 21.00 D 0 .00 GARFIELD COUNTY CD SCA L E: 1 " 200 ' PROPER-TY D~SCRIP-T ION A PARCEL or LAND SITUATED IN THE NW1 /4SE1/4 OF SECT ION 28 , TOWNSH IP 7 SOUTH, RANCE 87 WEST, Of THE SIX TH PRINCIPAL MERIDIAN, COUNTY Of GARF IELD . STATE Of COLORADO ; SA ID PARCEL Of LANO BEING MORE PARTICULARLY DESCR IBED AS FOLLOWS : COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 28, A 3-1/4" ALUM INUM CAP, L.S. 119598, IN PLACE: THENCE S 89'D9'02" E ALONG THE EAST-WEST CENTERLINE OF SAID SECT'~" 28 66 .26 FEET TO A POINT ON THE EASTERLY RIGHT-Of-WAY OF HARMONY LANE, THE TR UE POINT BEGINNING: THENCE CONTINU ING ALONG SAID EAST-WEST CENTERL INES 89 '09'02" E 1 10.86 T TO A POINT ON THE EASTERLY BOUNDARY OF GARFIELD COUNTY; THENCE LEAVING SAID CENTERL l l · S 00'00'20" W ALONG SAIO EASTERLY BOUNDARY 1356.36 tEET TO A POINT ON THE SOUTHERll .IN[ Of THE NW1/4SEl/4 Of SAID SECT ION 28: TUENCE N 89'44'08" W ALONG SA ID SOUTHERL Y L1 1 ,c;'. 110 .17 FEET TO A PO INT ON THE EASTERLY RIGHT-OF-WAY OF HARMONY LANE; THENCE LEAVING SAID SOUTHERLY LINEN 0&'19'4~· W ALONG SAID EASTERLY RIGHT-OF-WAYllS .J\ FEET; THENCE COtolTINUING ALONG SAID EASTERLY Rl~HT-OF-WAY N 02'28 '40" W 91 .04 FEET ; THENCE CONTINUIND ALONG SAID EASTERLY RIGHT-Of-WAY N 00 '34'2S" £ SS8 .48 FEET : THENCE CONT INUING ALONG SAID EASTERLY RIGHT-Of-WAY N 02'11'59" E 187 .62 FEET; THENCE CONT INUING ALONG SAID EASTERLY RIGHT-OF-WAY N O'J5'0J" W 220,84 FEET: THENCE CONT INUING ALONG SAID EASTERLY RICHT-OF-WAY N 02'09°06" E 160.05 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 00'00'07" W 21 .25 FEET TO THE TRUE POINT RifmR~GINNING; SAID PARCEL OF LAND CONTAINING .3.741 ACRES, MORE OR LESS. ~'''"'\\\Q REll/1q'1~ '~~t.~ ..... PJsr~~ ~~~ ···!"~~ i-uf:i . -~~::, 19598 ~=:..; ~ \~· •• ¥\\\~.,., · •• ~! DATE : NOYEMBER J 3. 1 997 ~ ~ •• • ... ,"V§ ~ v0~ .. ••••••• r;,v~ ~111111l4L L~\\\)~,,~~ JOB N0.:_9....._.10 ..... s .... 4"-"'o""'z..__ ______ _ ttcli c::ottniW~lll. NC. EXH I 8 I T . DWG 112:1 COOP!!R Ave&.e a..alNOOO BPfN)S, co 8100I (11701 945-1878