HomeMy WebLinkAboutBOCC.packet. 05142014 SKICO Avigation EasementAGENDA ITEM SUMMARY
REGULAR MEETING DATE: May 14, 2014
TOPIC: Aspen - Pitkin County Airport
Ordinance Approving an Avigation Easement Agreement with the
Aspen Skiing Company
First Read
STAFF RESPONSIBLE: Brian Grefe, Assistant Director of Aviation/Administration
Jeanette Jones, Deputy Clerk
ISSUE STATEMENT:
Staff seeks the Board's approval of an Avigation Easement Agreement offering by the Aspen Skiing
Company to the Board of County Commissioners to protect the operation of the Aspen/Pitkin
County Airport for use by public general aviation users as well as scheduled and non - scheduled
commercial airline operators.
BACKGROUND:
Aspen Skiing Company is in the process of developing /updating a Master Plan for the base of
Buttermilk Ski Area. Through this process, it became appropriate to issue an Avigation
Easement to ensure any development on Buttermilk does not adversely affect the functions of the
airport. Aspen Skiing Company and Pitkin County share the same goal as it relates to the
protection and preservation of airport operations. Because of this Aspen Skiing Company has
offered Pitkin County the attached Avigation Easement Agreement.
The attached easement follows the Pitkin County standard form aviation easement agreement,
but some modifications were necessary. The modifications were made, because some of the
language in the standard form was not applicable to this specific location. The changes were
made in cooperation between Aspen Skiing Company and the airport's outside legal counsel.
The final Avigation Easement Agreement has been approved as to form by the Pitkin County
Attorney's Office.
LINK TO STRATEGIC PLAN:
Flourishing Natural & Built Environment — Accepting this Avigation Easement Agreement will help
to ensure that all development around Buttermilk Ski Area will be consistent with community
standards as it relates to the operation of the airport. Development at Buttermilk will be coordinated
with the County and the FAA to ensure safety margins for approaches, departures, and flight paths
are protected thereby maintaining the standard of safety for airport users and users of Buttermilk Ski
Area.
BUDGETARY IMPACT: There is no budgetary impact.
RECOMMENDED BOCC ACTION: Staff recommends that the BOCC approve at first
reading and set for second reading and public hearing the Ordinance accepting an Avigation
Easement Agreement from the Aspen Siding Company.
ATTACHMENTS: Ordinance accepting the Avigation Easement Agreement
Avigation Easement Agreement
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ACCEPTING THE GRANT OF AVIGATION EASEMENT
AGREEMENT FROM ASPEN SKIING COMPANY TO THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORARO
Ordinance No. -2014
RECITALS
1. Aspen Skiing Company is the owner of certain real property within Pitkin County,
Colorado, situated in the Buttermilk Ski Area
2. Pitkin County is the owner and operator of certain real property commonly known as the
Aspen/Pitkin County Airport (Sardy Field), located in Pitkin County, Colorado, 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 (i.e., charter) commercial airline operators
3. Pitkin County desires to acquire certain rights in the Aspen Siding Company real
property 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 County property
4. The Board of County Commissioners and Aspen Skiing Company agree to the terms and
conditions set forth in the Aviation Easement Agreement attached hereto
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 Avigation
Easement Agreement from Aspen Skiing Company to the Board of County Commissioners and
authorizes the chair to sign the agreement, subject to approval by the county attorney more fully
described in Avigation Easement Agreement attached hereto.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY
OF 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON 2014.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON
THE DAY OF 2014.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY
OF 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE DAY OF 2014.
ATTEST:
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
John Ely, County Attorney
APPROVED AS TO CONTENT:
James P. Elwood, Aviation Director
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Rob Ittner, Chairman
MANAGER APPROVAL:
I:
Jon Peacock, County Manager
AVIGATION EASEMENT AGREEMENT
This Avigation Easement Agreement ( "Agreement') made this day of , 2014, by
and between the Aspen Skiing Company (hereinafter referred to as "Grantor ") and Pitkin
County, Colorado, acting by and through its Board of County Commissioners (hereinafter
referred to as "Grantee ").
WHEREAS, Grantor is the owner of certain real property within Pitkin County,
Colorado, which property is more particularly described in the attached Exhibit A and which
property shall be referred to hereinafter as the "Servient Tenement;" and
WHEREAS, this easement is granted in exchange for valuable consideration the
sufficiency and receipt of which is hereby acknowledged by the Grantor; and
WHEREAS, Grantee is the owner and operator of certain real property commonly
known as the Aspen - Pitkin County Airport (Sardy Field), located in Pitkin County, Colorado
(hereafter 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 (i.e., charter) commercial airline operators; and
WHEREAS, Grantee desires to acquire certain rights in the 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, it is agreed as follows:
1. Grantor hereby grants to Grantee, its successors and assigns, an avigation easement as
hereinafter described.
2. The avigation easement granted herein is appurtenant to the Dominant Tenement.
The avigation easement granted herein is for the right to discharge noise, vibrations,
fumes and other such effects as may be inherent in the operation of aircraft ( "aircraft"
being defined for the purpose of this instrument as a device that is used or intended to
be used for flight in the air) over the Servient Tenement running to the benefit of
Grantee and the Dominant Tenement as a result of any and all aircraft utilizing
(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 or through the Servient Tenement. Such easement shall
be for air navigation purposes and shall include, but not be limited to, the
right of Grantee and any aircraft utilizing the Dominant Tenement to
discharge noise, vibrations, odors, fumes, vapors, air currents, illumination,
particulates, smoke, dust or other effects as may be inherent in the operation
of aircraft on the Servient Tenement and its occupants as a result of aircraft
landing on, taking off from or maneuvering about the Dominant Tenement as
follows:
As to the runway located on the Dominant Tenement (Runway
15/33).
ii. This avigation easement includes the resultant noise, vibrations,
odors, fumes, vapors, air currents, illumination, particulates,
smoke, dust or other effects as may be inherent in the operation of
aircraft from any aircraft currently operating from the Dominant
Tenement and any other aircraft that may subsequently be
permitted to be used on the Dominant Tenement by the United
States of America or any of its agencies and/or departments.
iii. This avigation easement includes any flight tract that aircraft now,
or in the future, may utilize.
iv. This avigation easement is unlimited as to the number and
frequency of aircraft operations.
b. A perpetual avigation easement, also known as a perpetual noise easement,
for the right to discharge noise, vibrations, fumes and other such effects as
may be inherent in the operation of aircraft from the surface of the Dominant
Tenement, which effects 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 Dominant Tenement.
c. The perpetual avigation easement shall not include or authorize aircraft
landing, explosion, crash, falling objects or other occurrences causing direct
physical injury to persons or direct physical damage to property.
4. The Grantor shall comply with the Federal Aviation Administration's standards
governing objects affecting navigable airspace found at 14 C.F.R. Part 77 ( "Part 77 "),
as the same may be amended, with respect to the Servient Tenement and all property
known as the Buttermilk Ski Area for which Grantor maintains a lease, license,
permit or easement. Grantor shall not construct or permit to remain upon the Servient
Tenement any obstruction, including natural objects and man-made structures, unless
application of proposed construction or alteration is made to the Federal Aviation
Administration pursuant to Part 77 and the Federal Aviation Administration issues a
determination that the object or structure is not a hazard to air navigation. Grantor, at
Grantor's expense, shall mark and light any object or structure as may be determined
necessary by the Federal Aviation Administration to mitigate any hazard. The
obligations of this Section 4 prohibiting hazards to air navigation shall apply to the
construction of new structures on the Servient Tenement and to the growth of natural
objects in such manner as would constitute a hazard to air navigation.
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5. The Grantor shall not hereafter use or permit the use of the Servient Tenement in such
a manner as to (i) create electrical or electronic interference with radio
communication or radar operation between the Dominant Tenement and aircraft, (ii)
make it difficult for flyers to distinguish between airport lights and others, (iii) result
in glare in the eyes of pilots using the Dominant Tenement, or (iv) otherwise to
endanger the landing, takeoff or maneuvering of aircraft. The determination of
whether use of the Servient Tenement would cause one or more of the enumerated
hazards shall be made primarily by the Federal Aviation Administration in
accordance with Part 77 or, in the event that a use or proposed use is not reviewable
under Part 77, shall be determined according to objective standards and guidelines
issued by the Federal Aviation Administration.
6. Grantor and its successors in interest are forever banned from bringing any suit against
Grantee under any theory of recovery, arising out of matters covered by this avigation
easement, including but not limited to noise, vibrations, odors, fumes, vapors, air
currents, illumination, particulates, smoke, dust or other effects as may be inherent in
the operation of aircraft, as well as discomfort, inconvenience, interference with the
use and enjoyment of the Servient Tenement and any damage to or reduction of
market value of the Servient Tenement due to the operation of aircraft to and fi•om the
Dominant Tenement.
7. In the event of any litigation, controversy, claim or dispute between the parties hereto
arising out of or relating to this Agreement, or the breach thereof, the prevailing party
shall be entitled to recover from the losing party all costs, damages and expenses
incurred by the prevailing party, including but not limited to attorney's fees and costs
incurred in connection therewith.
8. This Agreement shall bind and inure to the benefit of the respective heirs, personal
representatives, successors, and assignees of the parties hereto. This avigation
easement shall be and hereby is made a part of each conveyance of all or any part of
the Servient Tenement and the Dominant Tenement and shall run with the land as to
all property burdened and benefited by the avigation easement.
9. Grantor agrees for itself and any successors in interest to abide by the terms of the
avigation easement for any real property Grantor and its successors in interest may
acquire in connection with the Buttermilk Ski Area after the execution hereof, in
which event Grantor and its successors in interest shall cause to be prepared and
recorded an amendment or replacement Exhibit A and which thereafter shall
constitute the Servient Tenement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written indicating the Grantor's grant and the Grantee's acceptance of said
avigation easement.
APPROVED AS TO CONTENT:
Bv:
Bv:
Jon Peacock, County Manager
Jim Elwood, Airport Director
APPROVED AS TO FORM:
By:
John Ely, Pitkin County Attorney
STATE OF COLORADO
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
Bv:
Bv:
Rob Itmer, Chairman
Deputy County Clerk
)ss.
COUNTY OF PITKIN )
Acknowledged before me this day of 2014, by , as
Chair of the Board of County Commissioners of Pitkin County, Colorado, and attested to by the
Deputy Clerk and Recorder of Pitkin County, Colorado.
Witness my hand and official seal
My commission expires:
Notary Public
GRANTOR: ASPEN SKIING COMPANY
By:
David Corbin, President
STATE OF
)ss.
CITY AND COUNTY OF --'IL)
The foregoing instrument was hereby ac'nowlZedg-dbehre me this day of
2014, by
Witness my hand and official seal.
My commission expires:
.......... Notary Public
TRACT 1;
A tract of land situate in the Southeast one - quarter (SE114) of
Section 3 and in the Northeast one - quarter (NElj4) of Section 10
Township 10 South, Range 85 i -lest of the 6th P.M., Pitkin County,
Colorado. Said tract being more fully described as follows;
Beginning at a point whence tilt' Southeast corner of section 3,
Township 10 South, Range 85 Nest, bears South 00 °15116" East,
feet;
thence South 47 °26'00" Nest, 423.94 feet;
thence .South 42 °34100" East, 47.70 feet;
thence South 47 °26'00" Nest, 71.06 feet;
thence South 41 °59'00" Past, 309.91 feet;
thence South 26 °31100" Fast, 396.73 feet;
thence South 19 °13100" Nest, 1,076.43 feet;
thence South 19 °52'00" East, 35.91 feet more
North line of Lot 5, said Section 10;
thence 47est, 959.96 feet more or less along
Lot 5 and the Southerly line of Lot 2, said
Southwest corner of said Lot 2;
1,044,54
or less to a point on the
the Northerly line of said
Section 10 to the
thence North 726.99 feet along the Westerly line of said Lot 2;
thence 27orth 20 °18.00" East, 178.0.1 feet;
thence North 44 °32'00" East, 904.53 feet;
thence North 40 °37'17" East, 116.92 feet more or less to a point on
the southeasterly right -of -way line of tha Buttermilk Pest Road;
thence North 49 "44'00" East, 885.20 feet more or less along said
right-of-way line to a point on the Southwesterly right -of -way line of
State Highway No. 82;
thence along said highway right -of -way line 168.53 feet along the arc
of a curve to the left having a radius of 5,780.00 feet, the chord of
which bears South 37 "30'43" East, 168.52 feet to the Point of
Beginning.
EXCEPT those portions of Lot 13, Section 3, Township 10 South, Range
85 I-lest of the 6th P.M., released by Buttermilk Mountain Skiing
Corporation, a Colorado corporation in release recorded December 2,
1977, in Book 339 at Page 621,
EXCEPT that portion thereof conveyed by Buttermilk Mountain Skiing
Corporation, a Colorado corporation, to Virginia Aspen Corporation, a
Colorado corporation, by Deed recorded May 13, 1969, in Book 241 at
Page 21,
EXCEPT that portion thereof conveyed by Pried! Pfeifer to Virginia
Aspen Corporation, by Deeds recorder.!!•lag 13,.196'1, in Hool: 241 at
(Continued)
L5rr fr
Pages 17 through 20, inclusive and by Deed recorded September 26,
1969, in Book 293 at Page 531,
EXCEPT that portion thereof released by Aspen Skiing Ccmpany, F.
Colorado general partnership, by Release recorded April 5, 1985, in
Book d89 at Page 205,
EXCEPT that portion thereof released by Aspen Skiing Company, a
Colorado general partnership and Priedl Pfeifer by instrument recorded
4IDVemb =_r 12, 1993, in Rook 730 at Page 603,
AND EXCEPT that portion thereof taken by the Department of
Transportation, State of Colorado in that certain Rule and Order,
given under Case No. 01CV29, District Court, Pitkin County, rolorado,
a certified copy of which was recorded June 19, 2001, at Reception No.
955607.
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TRACT 2:
A tract of land situated in Lhe SOUL11eaSL one- quarter Southeast
one - quarter (SEi /4SE1 /4), Section 3, the Southwest one - quarter
Southwest one- quarter (8171/4Stll/4) of Section 2, the Northwest
one - quarter Northwest one - quarter (NIV1/4NN1/4) of Section 11 and the
Northeast one - quarter Northeast one- quarter (NE1 /4NE1 /4) of Section 10
all in Township 10 South, Range 85 Nest of the 6th P.M., Pitkin
County, Colorado, being more fully described as follows:
Beginning at a point whence the Southwest corner of said Section 2
bears South 11 °11'30" East, 392,18 feet;
thence South 26 031100" (Vest, 396.73 feet;
thence South 19 °13'00" Nest, 1,076.43 feet;
thence South 19 °52'00" East, 36.91 feet to the. Northerly boundary line
of Lot 5 of said Section 10;
thence East, 145.49 feet along said Northerly boundary line to the
point of intersection with the Southwesterly extension of an existing
fence line;
thence North 46 °06131" East, 1,760.05 feet more or less along said
fence line and Southwesterly extension thereof the Southwesterly
right -of- -way line of State Highway No. 02;
thence 505.58 feet more or less along said Southwesterly right -of -way
line and the arc of a curve to the right having a radius of 5,780.00
feet, the chord of which bears North 47 040'36" West, 505.42 feet more
or less;
thence South 37 °02100" West, 714.03 feet;
chance North 22 °09100" West, 278.00 feet;
thence Ilorth 05 050'00" East, 157.07 feet;
thence Diorth 41 °59'00" ocst, 3.44 feet to the Point of Beginning.
EXCEPT that portion thereof conveyed by Deed recorded October 12,
1977, in Book 336 at Page 462,
EXCEPT those portions of Lot 13, Section 3, Township 10 South, Range
85 Nest of the 6th P.M_ released by Buttermilk Mountain Skiing
Corporation, a Colorado corporation in release recorded December 2,
1977, in Book 339 at Page 621,
EXCEPT that portion thereof conveyed by Buttermilk Mountain Skiing
Corporation, a Colorado corporation, to Virginia Aspen Corporation, a
Colorado corporation, by Deed recorded May 13, 1969, in Book 241 at
Page 21,
EXCEPT that portion thereof conveyed by Friedl Pfeifer to Virginia
Aspen Corporation, by Deeds recorded May 13, 1969, in Book 241 at
(Continued)
Pages 17 through 20, inclusive, and by Deed recorded September 26,
1969, in Book 243 at Page 531,
EXCEPT that portion cunveyed to Patrick Henry, Jr. and Kristen Henry
by Dead recorded July 12, 1972, in Book 264 at Page 997,
EXCEPT that portion thereof released by Aspen Skiing Company, a
Colorado general partnership, by Release recorded April 5, 1995, in
Book 4B4 at Page 205,
AND EXCEPT that portion thereof released by Aspen Skiing Company, a
Colorado general partnership and Friedl Pfeifer by instrument recorded
Vovember 12, 1993, in Book 730 at Page 603.
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