HomeMy WebLinkAboutbocc.con.110.22 - BOCC RECEPTION#: 685549, R: $0.00, D: $0.00, 0310112022 at 11:21:51 AM, Pgs 1 of 10,Janice K.Vos Caudill, Pitkin County, CO
Contract No. 110-2022
AVIGATION EASEMENT AGREEMENT
This Avigation Easement Agreement ("Agreement") made this 14thday of February 2022 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 (Le.,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.
3.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:
i. 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
RECEPTION#: 685549, 0310112022 at 11:21:51 AM, Pgs 2 of 10,Janice K.Vos Caudill, Pitkin County, CO
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.
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 barred 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,
RECEPTION#: 685549, 0310112022 at 11:21:51 AM, Pgs 3 of 10,Janice K.Vos Caudill, Pitkin County, CO
' 9
Interference with the use and enjoyment of the Servient Tenement end any damage to or reduction of
market value of the Servient Tenement due to the operation of aircraft to and from 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 ettorney's fees and costs incurred in connection therewith.
8.This Agreement shall bind and Enure 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, I
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 avigatlon easement.
APPROVED AS TO CONTENT: BOARD OF COUNTY COMMISSIONERS
PITON C UNTY,COLORADO } (f
By: ?G4$ 1t14&t, By: f j
PhY}t's Mattic ,for Patti Clapper,
Jon Peacock,County Manager PPe
Chair
By:
Dan Bartholomew,Airport Director
APPROVED AS TO FORM:
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By: �ak�w flli By: 5 . .._ �
John Ely,Pltkin County Attorney Deputy County Clerk
STATE OF COLORADO } t
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RECEPTION#: 685549, 0310112022 at 11:21:51 AM, Pgs 4 of 10,Janice K.Vos Caudill, Pitkin County, CO
COUNTY OF PITKIN )
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Acknowledged before me this / - day of r 2 G`'''� 2022,by lc / f I L ,----''2'as Chair
of the Board of County Commissioners of Pitkin County,Color,and attested to by the Deput Jerk and
Recorder of Pitkin County,Colorado.
Witness my hand and official seal. / /
My commission expires: -.m,., / "'f/r ' - I
' Ti() €; _------
Notary Pub
Richard Young Neiley III
NOTARY PUBLIC �-
GRNT SKIING COMPANY STATE OF COLORADO
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NOTARY ID 20174026581
By: MY COMMISSION EXPIRES February 4,2026
Title: 6e4Vate, Jvc firestbear
STATE OF Coen )
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CITY AND COUNTY OF `7l11(44 ) 14
The foregoing i strument was hereby acknowledged before me this day s of January 2022,by
t- 14 ill .
Witness my hand and officials I.
mission expires:
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NOTARY
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210-Z7. ROBIN WHITE
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STATE COLORADO
NOTARY ID 62000
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RECEPTION#: 685549, 0310112022 at 11:21:51 AM, Pgs 5 of 10,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A
TRACT 1;
A tract of land situate in the Southeast one-quarter (SE1/4) of
Section 3 and in the Northeast one-quarter (NE1j4) of Section 10,
Township 10 South, Range 85 West of the 6th P.M., Pitkin County,
Colorado. Said tract being more fully described as follows:
Beginning at a point whence the Southeast corner of Section 3,
Township 10 South, Range B5 West, bears South 00°15'16" East, 1,O44.54
feet;
thence south 47°2G'00" West, 423.94 feat;
thence South 42°34'00" East, 47.70 feet;
thence South 47°26'00" West, 71.06 feet,
thence South 41°59'00" East, 389.91 feet;
thence South 26°31'00" West, 396.73 feet;
thence South 19°13'00" West, 1,076.43 feet;
thence South 19°52'00" East, 36.91 feet more of less to a point on the
North line of Lot 5, said Section 10;
thence West, 959.96 feet more or less along the Northerly line of said
Lot 5 and the Southerly line of Lot 2, said Section 10 to the
Southwest corner of said Lot 2;
thence North 726,99 feet along the Westerly line of said Lot 2;
thence North 20°18'00" East, 178.04 feat;
thence North 44°32'00" Gast, 904.53 feat;
thence North 40°37'17" East, 116.92 feet more or less to a point on
the Southeasterly right-of-way line of the Buttermilk West Road;
thence North 49°14'00" East, 805.20 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 hears South 37°30'43" East, 160.52 feet to the Point of
Beginning.
EXCEPT those portions of Lot 13, Section 3, Township 10 South, Range
85 West 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 Priedl Pfeifer to Virginia
Aspen Corporation, by Deeds recorded May 13, 1969, in nook 241 at
(Continued)
RECEPTION#: 685549, 0310112022 at 11:21:51 AM, Pgs 6 of 10,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A- CONT.
Pages 17 through 20, inclusive and by Deed recorded September 25,
1969, in Book 243 at Page 531,
EXCEPT that portion thereof released by Aspen Skiing Company, a
Colorado general partnership, by Release recorded April 5, 1955, in
Book 484 at Page 205,
EXCEPT that portion thereof released by Aspen Skiing Company, a
Colorado general partnership and Priedl Pfeifer by instrument recorded
November 12, 1993, in Book 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, Colorado,
a certified copy of which was recorded June 19, 2001, at Reception No.
455G07.
RECEPTION#: 685549, 0310112022 at 11:21:51 AM, Pgs 7 of 10,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A- CONT.
TRACT 2:
A tract of land situated in the Southeast one-quarter Southeast
one-quarter (SE1/4SE1/4), Section 3. the Southwest one-quarter
Southwest one-quarter (SM1/4SW1/4) of Section 2, the Northwest
one-quarter Northwest one-quarter (NW1/4NM1/4) of Section 11 and the
Northeast one-quarter Northeast one-quarter (NE1/4N81/4) of Section 10
all in Township 10 South, Range 85 West 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
burs South 11°11'30" East, 392.18 feet;
thence South 26°31'00" West, 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°06'31° 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, 82;
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°40'3S" West, 505.42 feet more
or less;
thence South 37°02'00° West, 714.63 feet;
thence North 22°09'00" West, 278.00 feet;
thence North 05°50'00" East, 157.07 feet;
thence North 41°59'00" Nest, 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 West 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)
RECEPTION#: 685549, 0310112022 at 11:21:51 AM, Pgs 8 of 10,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A- CO NT.
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 Deed recorded July 12, 1972, in Book 264 at Page 99'7,
EXCEPT that portion thereof released by Aspen Skiing Company. a
Colorado general partnership, by Release recorded April 5, 1985, in
Book 454 at Page 205,
MD EXCEPT that portion thereof released by Aspen Skiing Company, a
Colorado general partnership and Friedl Pfeifer by instrument recorded
November 12, 1993, in Book 730 at Page 603.
'RECEPTION#:685549,03/01/2022 at 11:21:51 AM,Pgs 9 of 10,Janice K.Vos Caudill,Pitkin County,CO
AVIGATION EASEMENT EXHIBIT
East 1/4 Corner
\ Section 3
\ Pound 3-1/4"
BLM Brass Cap
\ \
S: / \\ \ Access I�Basis ujBr-army
.i� `r.�\ Reception No.455607 N 02 V35"E
p w#r crra\Parcel No.113 Rev. I 2672.07'
SCALE: ]"=200' • teewg \ ?!9
Ow G �\ PP:�\\ r0 P (. ReceptionNo.I464764
/ �+ /i(\` Pnrcet No�1zz
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PPC\ ~P��r'\ / '�j DOT Right-of-Way Mocker Point No.258
\ Q C'°o.\ 'PN9�cp- \ / S 3-1/2"Aluminum Cap
P \ 6,•.'¢p m \F ` ' \- e LS No.31551
Y .-' Sole Benchmark Elev.=7863.2'
�v"
I \%' ¢%-'� \ 4.5'$ P.O.R.
Rebar&1-1/4"
1 1 P \d �y04°• Plastid Cap
1 0 \C ` Q° LS No 24669
CI I AUlf�at/on 20'Rocky Mountain Natural Gas
h L0 I a'to \ / A Easement .0. Right-of-Way Easement
1 � { y '1 Book 195,Page 428
^, y �' 5.921 Acresf
COOT Right-of-Way ` .'o I
Rec.8 471970 1 I // L• I \\CO�
Parcel 112-1 Rev. 11 �'n°, I ,7 eaa /\ gyp.
1 I .// Reber&1-1/4" � \ I 42\ S7
1 Plastic Cap LS� \ 9 B \
/ No.24669 C'2 ! , I 'fy $•C r4S,�n \ P`P`•
P • \ e \ a.5 e+ 6ia r9.9N \�iY
/(eceptiort No.455607 ,'Gyee•`� \ 3p 's `P�� Q69`'�
Parcel No.113-A Rev.\ Y 'tf Q !�' �f -Yu, -4„,51,�-6<o, 1- re_.„ \
N. /r/\�\ /2 ��.1 \!., a 6, "°off I 4f4 4 e! r \O..
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Rec.No.464764 v`@A . . Q
Parc.#122-A \ \
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/
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/ Tract 1 5 I
(Per Title Commitment No. ti
0702822-C2) J
Aspen Ski Company,LLC \
Book 241,Page 20 T I Book 241,Page 17&21
AI \,\ May 1969 A,Book 963,Page 871
Rook 243,Page 531 / \ March 1984
/ sk AKA Plat Book 16,Page 52
(The Inn at Aspen)
/ August 1984
/
/ I
LINE TABLE /
LINE BEARING DISTANCE
/
South East Comer Section 3
LI S47°26'00"W 423.94 / Found Found 3-1/ Cap
L2 S42°34'00'E 47.70 LS No.15710
L3 S47°26'00"W 71.06
L4 S41°59'00'E 383.38
L5 S47°26'00"W 133.36
L6 S61°45'35"E 477.52
L7 N56°57'31"E 123.19
L8 S82°25'04"E 42.79
L9 S45°11'55'E 75.13
LIO S23°37'41"W 44.58 _
L.11 N65°54'18"E 31.72
L12 N34°25'19"E 120.92 2I Bf
L13 N36°29'47"W 15.34
L14 N49°44'00'E 741.71 p
U L15 S51°40'04"E 99.91 �✓ieletAtJ A �
LI6 S37°59'53"E 70.44 /. GJ
Rtjfe, ntO'ado.8 650 SHEET 1 OF 2
Ph.(970)625-1.330J3 [(j7,,J/. f
Fax(970)625-2773
O 277 DATE: FEBRUARY 7, 2022
_,...,
. ' Survey Services, Inc.
JOB NO: 08048-03
RECEPTION#:685549,03/0112022 at 11:21:51 AM,Pgs 10 of 10,Janice K.Vos Caudill,Pitkin County,CO
AVIGATION EASEMENT EXHIBIT
EASEMENT DESCRIPTION
A PARCEL OF LAND FOR THE PURPOSE OF AN AVIGATION EASEMENT,BEING A PORTION OF TRACT 1
OF THE ASPEN SKI COMPANY LLC.PARCEL AS SHOWN HEREON.SAID PARCEL OF LAND SITUATE IN
THE SE1/4 OF SECTION 3,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6TH P.M., COUNTY OF
PITKIN, STATE OF COLORADO.ALL BEARINGS RELATIVE TO A BEARING OF S02°05'35"W BETWEEN
THE EAST 1/4 CORNER OF SECTION 3,A 3.25"DIAMETER BLM BRASS CAP IN PLACE AND THE
SOUTHEAST CORNER OF SECTION 3,A 3.5"DIAMETER ALUMINUM CAP LS NO. 15710 IN PLACE. SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID SOUTHEAST CORNER OF SECTION 3, THENCE NOO°15'29"W 1044.59 FEET TO
THE NORTH EASTERLY CORNER OF SAID TRACT 1, TRUE POINT OF BEGINNING.THENCE ALONG THE
EASTERLY BOUNDARY LINE OF SAID TRACT 1 THE FOLLOWING FIVE(5)COURSES:
1.) S47°26'00"W 423.94 FEET;
2.) S42°34'00"E 47.70 FEET;
3.) S47°26'00"W 7I.06 FEET;
4.) S4I'59'00"E 383.38 FEET;
5.) S47°26'00"W 133.36 FEET;THENCE DEPARTING SAID EASTERLY BOUNDARY LINE;N61°45'35"W
477.52 FEET,THENCE S56°57'31•W 123.19 FEET;THENCE N82°25'04"W 42.79 FEET;THENCE
N45°11'55"W 75.13 FEET;THENCE N23°37'41"E 44.58 FEET TO A POINT ON THE WESTERLY LINE OF
SAID TRACT 1;THENCE ALONG THE WESTERLYBOUNDARYLINE OF SAID TRACT I THE FOLLOWING
FOUR(4)COURSES:
6.) N65°54'18"E 31.72 FEET;
7.) N34°25'I9"E 120.92 FEET;
8.) N36°29'47"W I5,34 FEET;
9.) N49°44'00"E 741.71 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY
NO.82;THENCE DEPARTING SAID WESTERLY BOUNDARY LINE AND ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES:
10.)S51°40'04"E 99.91 FEET;
11.) S37°59'53"E 70.44 FEET TO THE POINT OF BEGINNING.SAID PARCEL OF LAND CONTAINING
5.921 ACRES,MORE OR LESS.
Rae m ora.o&7;650 SHEET 2 OF 2
Ph(970)525-1330 BJ TT '�Fax(970)625-2773 OKCT f/. DATE: FEBRUARY 7, 2022
Survey Services, Inc. JOB NO:_ 08048-03