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HomeMy WebLinkAboutbocc.ord.009.2001 AVIS 2 Ief 6 R 0.002D00.00 N00.00 PITKIND COUNTY ICOI AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE GRANT OF AVIGATION EASEMENT FROM PLACER ENTERPRISES CORP. Ordinance No. ©a - 2001 Recitals 1. Placer Enterprises Corp. is the owner of certain real property located in the Pitkin County, known as Lot 2, Richard R. Woods Lots Split, as more fully described in Plat Book 31 Page 21 in the records of the Pitkin County Clerk & Recorder. 2. Pitkin County is the owner and operator of certain real property, commonly known as the Aspen/Pitkin County Airport a.k.a. Sardy Field, located in Pitkin County upon which it operates and shall continue to operate an airport facility for use by public general aviation users as well as scheduled and non-scheduled (charter) commercial airline operators. 3. Pitkin County desires to acquire certain rights in the real property to preserve for the use and benefit of the public right a free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the county property. 4. The Board of County Commissioners and Placer Enterprises Corp. agree to the terms and conditions set forth in the Grant of Avigation Easement Agreement attached hereto as Exhibit A. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby accept the Grant of Avigation Easement Agreement from Placer Enterprises Inc. to the Board of County Commissioners more fully described in Exhibit A attached hereto. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14"' DAY OF FEBRUARY, 2001. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 10"' DAY OF FEBRUARY, 2001. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 28" DAY OF FEBRUARY 2001. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE IOT" DAY OF MARCH, 2001. Ordinance# A/- 2001 Page 2 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jea to Jones, Deput Clerk Michael C Irel d Date: APPROVED AS TO FORM: John M. Ely Hilary F cher Smith Count ey County Manager I/ord/placer avigation ease ord.doc I II�III I'III IIIII' IIIIII IIII 'I'I II�I'�I III 'IIII II'I II'I 03/05/2001 2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO JAN, 17 2001 2 09PM KAIJFMAN & PETERSON 0. 92F2 P. 2 GRANT 08 AVI"TION EASEMENT AGRH11SM THIS AGREEMENT made this day of jeft%h y, 2001, by and between PLACER ENTERPRISES COR a British Virgin Islands corporation ("Grantor") and PITKIN COUNTY, COLORADO, acting by and through its Hoard of Countv Commissioners ("Grantee") WHEREAS, Grantor owns that Certain real property located in Pitkin County, State of Colorado, known as the Lot 2 , Richard R. Woods Lot Split , as described in the Plat filed at Hook 31 Page 21, in the office of the Pitkin County Clerk and Recorder, which is incorporated by reference herein and which property shall be referred to hereinafter as the "Servient Tenement" ; and WHEREAS, Grantee is the owner and operator of certain real property commonly known as the Aspen/Pitkin County Airport a/k/a Sardy Field, located in Pitkin County, Colorado (hereinafter referred to as "Dominant Tenement") upon which Grantee currently operates and shall continue to operate an airport facility for use by public general aviation users as well as scheduled and non-scheduled (charter) commercial airline operators; and WHEREAS, Grantee desires to acquire certain rights in Servient Tenement to preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Dominant Tenement; NOW, THEREFORE, for and in consideration of Ten Dollars (410. 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Grantor hereby grants to Grantee an Avigation Easement as hereinafter described. 2 , The Avigation Easement granted herein is appurtenant to the Dominant Tenement. 3 . The Avigation Easement granted herein is for the right to discharge noise, vibrations and fumes over the Servient Tenement running to the benefit of Grantee and the Dominant Tenement as a result of any and all aircraft utilizing 11M IN I432097 03/05/2001 03:2OP ORDINANC DAVIS SILVI II'lll "III I'lll' IIII'I II'I' III 'I'I'II III I'I'I II'I II'I 3 of 6 R 0.eS D 0.00 N 0.00 PITKIN COUNTY CO 452484 03/16/2001 03:48P EASEMENT DAVIS SILVI 1 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO JAN. 17 2981 2: 10'M KA!1FMAN & PtTERSQN NO. 5252 P, 3 (including takeoffs, landings and approaches) the Dominant Tenement . Said Avigation Easement is more specifically defined as follows! A. A perpetual Avigation Easement, also known as a perpetual air or flight easement, and an aircraft operations and aircraft noise easement for the use of the airspace over, through or adjacent to the Servient Tenement . Such easement shall he for aviation purposes and shall include, but not be limited to, the right of Grantee and any aircraft utilizing the Dominant Tenement to discharge noise, fumes and vibrations on the Servient Tenement and its occupants as a result of aircraft (not limited to jet aircraft) landing on, taking off from, or maneuvering about the Dominant Tenement as follows : a. As to the runway located on the Dominant Tenement (Runway 33/15) . b. This Avigation easement includes the resultant noise, fumes and vibrations from any aircraft currently operating from Dominant Tenement, and noise, fumes and vibrations as may emit from any other aircraft that may subsequently be permitted to be used on Dominant Tenement by the United States of America or any of its agencies and/or departments. C . Said easement includes any flight track said aircraft now, or in the future, may utilize. B. A perpetual Avigation Easement, also known as a perpetual noise easement, for the right to discharge noise and vibrations from the surface of the Dominant Tenement, which noise and vibrations may reach the Servient Tenement, and which shall be for the purpose of aircraft start-up, ground maneuvering, maintenance, and engine run-up, for take-off or landing upon the i o Dominant Tenement . J Cf M a= 4. The Grantor shall not construct or permit to remain upon CC 0 Servient Tenement any obstruction that extends above the —e= height restrictions indicated on Exhibit A and H, unless Z F application of "Proposed Construction or Alteration" is made to the Federal Aviation Administration, and approval is —a m granted. _Wm v= 5 . The Grantor shall not hereafter use or permit the use of the m m Servient Tenement in such a manner as to create electrical _m �B m 452097 03/05/2001 03:20P ORDINANC DAVIS SILVI �e v 4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO �N O —In RCN AN 1' 20Q1 2 11P!"A KAUFMAN & PETErcSON N 3. 5 2 F 2 interference with radio communication between Dominant Tenement and aircraft or as to make it difficult for flyers to distinguish between airport lights and others, or as to result in glare in the eyes of fliers using Dominant Tenement, or as otherwise to endanger the landing; take-off or maneuvering of aircraft . The intent of the parties is not to impede or inhibit the development of the Servient Tenement Ear residential purposes, but to prohibit acts which endanger the landing, take-off or maneuvering of aircraft . 6. Grantor and its successors in interest are forever barred from bringing any suit against Grantee under any theory of recovery, including but not limited to noise, fumes, vibrations, discomfort, inconvenience, interference with the use and enjoyment and any consequent reduction. of market value of the subject property due to the operation of aircraft to and from the Dominant Tenement, so long as the scone of the Avigation Easement herein is not exceeded. 7. Grantors and its successors in interest agree that future Airport improvements and expansion are within the scope of this Avigation Basement, and that this Agreement precludes Grantors from opposing any future Airport improvements or expansion based on the adverse effect therefrom on the development on Grantor' s lot . Notwithstanding the above, Grantee acknowledges that Grantors reserve the right to oppose Airport improvements or expansion on grounds other than adverse effects on the development of its lot. 8 . This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assignees of the parties hereto. 452097 03/0S/2001 03:20P ORDINANC DAVIS SILVI IIII "III "IIII I'IIII IIII' III 'III"I III "II' IIII IN of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 452484 03/15/2001 03:48P EASEMENT DAVIS SILVI 3 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO J A N 17 21) ' 2 ? 1 °gin KAJFMAN I , 51452 P. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written indicating the Grantor' s grant and the Grantee' s acceptance of said Avigation Easement. GRANTOR: PLACER EN RPR ES CORP. , a Britia Ve14 Islands corpor io By udy Valner, Agent GRANTEE: Approved as to Content . BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO CoOnty Mangger � Chairperson Y , , Approved as to Form: v� cation Director ---------_� By John M��Attorney STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before me this M79 w F day of January, 2001, by Rudy Valner as the Agent of PLACER —a z ENTERPRISES CORP. , a British Virgin Islands corporation. a-=>3 Baca — z WITNESS my hand and official seal . — �la F My commission expires: . �y�j per, 4t/af3/07 W m UNDA E GOMMM `. wz 7CmyerAdmHakiryh�# No ary Public i-Em—m m UN keels C=* MyOMMBplsNCIMM04 —a ssss'N� s•b m �BK �v v ��� pp" '�t5 SILVI =N u II"II��"' OROINRN COUN?Y CO —vv 6v4 8R00000 N0.00PI7KIN 4'5209