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Home My WebLink Aboutbocc.ord.023.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE GRANT OF AVIGATION EASEMENT AGREEMENT FROM BIDGLE LLC TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Ordinance No. 99- 01,9 Recitals 1. Bidgle LLC, a Colorado Limited Liability Company ("Bidgle") is the owner of certain real property situated in the North Forty PUD Subdivision. 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 Bidgle 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 Bidgle LLC 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 Bidgle LLC to the Board of County Commissioners more fully described in Exhibit A attached hereto. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14th DAY OF JULY, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 24th DAY OF JTJLY, 1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 11th DAY OF AUGUST, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES; ON THE 21st DAY OF AUGUST, 1999. 111111111113111111111111111111111111111111111111111 434485 08/17/1099 10:24A ORDINANC DAVIS SILVI 1 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance No. 99- oZ Page 2 ATTEST: ette Jones, Deputy lerk APPROVED AS TO FORM: John M. Ely County Attorney 1/ords/n40avigationease.doc BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Cliritt5V4) L slie J. Lamlplyit, Chair Date: ill / as/ q c' Suz e Kondhan Co Manager 1111111 IIIII 111111 1111 11111 1111111 11111 III 11111 1111 1111 434485 08/17/1999 10 24A ORDINANC DAVIS SILVI 2 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Exhibit Cg9c1 GRANT OF AVIGATION EASEMENT AGREEMENT THIS AGREEMENT made this iS- day of , 1999, by and between BIDGLE, LLC., A Colorado Limited Liability Com y (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 owns that certain real property located in Pitkin County, State of Colorado, known as the North Forty PUD Subdivision (" North Forty"), as described in The Plat of the North Forty PUD Subdivision, filed at Book, Page ,, in the Pitkin County Clerk and Recorders Office 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 aka Sardy Field, located in Pitkin County, Colorado (hereinafterr 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 N> a aircraft landing upon, taking off from, or maneuvering about the Dominant Tenement; J 0 M H = NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and a0 other good and valuable consideration, the receipt and sufficiency of which are hereby mmiz acknowledged, it is agreed as follows: � a 1- :� o O. 1. Grantor hereby grants to Grantee an Avigation Easement as hereinafter described. cr CC m 2. The Avigation Easement granted herein is appurtenant to the Dominant z Tenement. dam Emig W B 3. The Avigation Easement granted herein is for the right to discharge noise, �' °4 m vibrations and fumes over the Servient Tenement running to the benefit of Grantee and MIMIF m the Dominant Tenement as a result of any and all aircraft utilizing (including takeoffs, m eons,landings and approaches) the Dominant Tenement. Said Avigation Easement is more momr- specifically defined as follows: � m o Leo 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 be for aviation purposes and shall include, but not be limited 432253 09/17/1999 10:49A EASEMENT DAVIS SILVI 1 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO MEM MIMI IJi Ci in MINN .70. NMo" 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: 1. As to the runway located on the Dominant Tenement (Runway 33/15). 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 thatmay subsequently be permitted to be used on Dominant Tenement by the United States of America or any of its agencies and/or departments. 3. Said easement includes any flight track said aircraft now, or in the future, may utilize. B. A perpetual Avigation Easement, also know 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 Dominant Tenement. 4. The Grantor shall not construct or permit to remain upon Servient Tenement any obstruction that extends above the height restrictions indicated on Exhibit A and B, unless application of "Proposed Construction or Alteration" is made to the Federal Aviation Administration, and approval is granted. 5. The Grantor shall not hereafter use or permit the use of the Servient Tenement in such a manner as to create electrical 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 flyers 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 for 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 scope of the Avigation Easement herein is not exceeded. 111 3 253 06/17/1999 10:49R EASEMENT DAVIS SIL Z 2 of 5 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 7. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assignees of the parties hereto. 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. : BIDGLE, LLC P. McBride, s ager GRANTEE APPROVED AS TO CONTENT: By: BOARD OF COUNTY COMMISSIONERS PITKI � OUNTY, COLO j • DO hairman Cou Manager By._,� ' d_ -,l 4it) APPROVED AS TO FORM Director of A iation C-lorJoBy: _ John Ely, Pitkin CAttomey State of Colorado ) ) ss Pitkin County ) Date The foregoing "Easement for Berm Construction" was acknowledged before me this day of 4.• , 1999 by John P. McBride, manager of Bidgle, LLC. Witness my hand and official Seal. My Commission expires: Ott) 1111111111111111111111111111111111111111111111111 434485 00.00 N0.00PITKIN 99024ADD AVIS SILVI 6of7 R0.00000UNTY CO 432253 06/17/1999 10 49A EASEMENT DAVIS SIL!!) 3 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO �Jv NMI NF M VIE s wow rgU H ImoaF �M Or SIB 000Om EOM m wow wan 3 wow mm 000 art�m mu — moo gz now r !¢ O ��4IO pART 77 OBSTRUCTIONS • ouecT ( Han _I wsrosnIoS '' III 114111 1 'R§§ I, InI El if ii iiiiiiI Ie eiejlii��i i tr. itII;i(IR iiciiiiig iiiii111: ;l 6 1Y i, jli i ll!!.lia11ll�liig @ a {i i��i1iiil9l4�i1ii19iiiili1�11i1iiiiiiliiiji�ii�iilili 1I ieRalnil� itI ,11 1 -i yy p III e 111 FBiiiiiI i I l�R.R.Ri :;4:1" gll iI III iii I Iii 4 Y.YY iiiiii q 1111R1elRRiiiD1R11 idyl@ a Y14 i H �il� .r Y 11{1iy10 iiiili 1Y14YYjY " 2 --i711jn.11i!,•'I•'iloit.4.a.(•liliiiiliiiiji l � II IYY � i9 R.�irelliiiiiiiIii0hiliiiliii0(E00l 1 � J111 I i1ilaitllliii]ilI9�i1E"l1ifii1ili!i�h�li�1�li�s�iiIii146iii�i6ii1!iifIl9i11i1�16 '; 1°•1 1 I H � } jll 1 ,,''77, ii a JJ1 1Y bl I 1 I :'k ! � , e 1 yI � . ..1.11 .71.I��.I�Ip I eICi OIa olsHI. 81: P g 1, 1 41,111O14'41SI1Ii 1 t iI:..N 21.10.. 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