HomeMy WebLinkAboutbocc.con.127.2005SILVIA DA~
G
This Agreement ma.
BUTTERMILK MEADOW'~
COMPANY, LLC, a Colorad
"Grantor") and PITKIN COL
Commissioners (hereinafter re
WHEREAS, Grantor
Colorado, which property is r
property shall be referred to h,
WHEREAS, Grantee i
as the Aspen-Pitkin County ,~
referred to as "Dominant Tern
to operate an airport facility
non-scheduled (charter) cornn
WHEREAS, Grantee,
for the use and benefit of the
upon, taking off from, or mare
NOW, THEREFORE,
1. Grantor hereby
2. The avigation e
3. The avigation
vibrations and fumes over ti
Dominant Tenement as a resu
takeoffs, landings and appro
follows:
A. A perp~
easement, and an air,
airspace over, through
aviation purposes and
aircraft utilizing the D
Servient Tenement an
landing on, taking
(Runway 33/1
vibrations fron
SILVIA DAVIS PITKIN COUNTY CO I~ 0.0
Page: 1 o¢
11/0812005
ANT OF EASEMENT AGREEMENT
te this ~4'4L day of ~, 2005 by and between
;, LLC, a Colorado limited liability company and CAHN &
~ limited liability company (hereinafter collectively referred to as
NTY, COLORADO, acting by and through its Board of County
ferred to as "Grantee").
is the owner of certain real property within Pitkin County,
~ore particularly described in the attached Exhibit "A", and which
~reinafter as the "Servient Tenement";
~ the owner and operator of certain real property commonly known
irport (Sardy Field), located in Pitkin County, Colorado (hereafter
.,ment"), upon which Grantee currently operates and shall continue
'or use by public general aviation users as well as scheduled and
ercial airline operators; and
tesires to acquire certain rights in Servient Tenement to preserve
public a right of free and unobstructed flight for aircraft landing
~uvering about the Dominant Tenement;
it is agreed as follows:
grants to Grantee an avigation easement as hereinafter described.
asement granted herein is appurtenant to the Dominant Tenement.
easement granted herein is for the right to discharge noise,
e Servient Tenement running to the benefit of Grantee and the
It of any and ail aircraft utilizing the Dominant Tenement only for
lches. Said avigation easement is more specifically defined as
:tual avigation easement, also known as a perpetual air or flight
:raft operations and aircraft noise easement for the use of the
or adjacent to the Servient Tenement. Such easement shall be for
shall include, but not be limited to, the right of Grantee and any
)minant Tenement to discharge noise, fumes and vibrations on the
t its occupants as a result of aircraft (not limited to jet aircrafts)
?om, or maneuvering about the Dominant Tenement as follows:
ks to the runway located on the Dominant Tenement
).
['his avigation easement includes the resultant noise, fumes and
any aircraft currently operating from Dominant Tenement and
516025
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O 0.00
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SILVI¢ DAVIS PITKTN COUNTY CO R e.ee D e.ee
noise, fumes vibrations as may emit from any other aircraft that may
subset ~ permitted to be used on Dominant Tenement by the United States
or America or. of its agencies and/or departments.
future may
includes any flight track said aircraft now, or in the
Bo
A avigation easement, also known as a perpetual noise
for the right to discharge noise and vibrations from the surface
of the Tenement, which noise and vibrations may reach the
Tenement, and which shall be for the purpose of aircraft start-up,
ground maneuvering, maintenance, and engine run-up, for take-off or
landin upon the Dominant Tenement.
4. The Grantor or permit the use of the Servient Tenement in
such a manner as to create 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 the eyes of flyers using Dominant Tenement, or as otherwise to
endanger the landing, takeol or maneuvering of aircraft. The intent of the parties is not to
impede or inhibit the of the Servient Tenement for residential purposes, but to
prohibit acts which endanger take-off or maneuvering of aircraft.
5. Grantor and
against Grantee under
vibrations, discomfort,
consequent reduction
and from the Dominant
successors in interest are forever barred from bringing any suit
of recovery, including but not limited to noise, fumes,
interference with the use and enjoyment and any
value of the subject property due to the operation of aircraft to
long as the avigation easement herein is not exceeded.
6. This
representatives, successors,
shall bind and inure to the benefit of the respective heirs, personal
parties hereto.
IN WITNESS
Agreement the day and year
acceptance of said avi
the parties hereto have executed this Grant of Easement
above written indicating the Grantor's grant and the Grantee's
III
$ILVIA
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~IB PITKIN COUNTY CO R 0.00 O 0.00
1
GRANTEE:
APPROVED AS TO CONT[
Hilary
James Mod, Direc'T6'~f'of A~
APPROVED AS TO FORM:
BY: ~
John Ely~
STATE OF ~g~/g~Yd
COUNTY OF /L?/r/Q ~,
T,/~e~ foregoing
~ day of (~x~l~ ~
Co~ Co~issioners of Piti
WI~ESS my
My co~issio]
$ILVIA DAVIS
517211
Page: 3 of 8
NT:
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
Chairpeison ' (J
iation
)ss.
;rant of Ease. e.e.e.e.e.e.e.e~ent Agre~ef
,2005 by
fin County, Colorado.
~and and official seal.
expires: /~'~-0~
tent, yv)as acknowledged before me this
~- (-2, _444,,~, teas Chairperson, Board of
Notary Public
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10/10/2005 02:34~
:TKIN COUNTY CO R 0.00 D O,OO
GRANTOR:
Buttermilk Meadows, LLC,
a Colorado limited
BY:
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SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00
Cahn & Company, LLC,
a Colorado
BY:
Harris A. Cahn,
STATE OF
COUNTY OF {J)(?"/4'l~c.:
The foregoing
o75 day of
Meadows, LLC, a
WITNESS my
My
STATE OF
COUNTY OF
~-'- day
Company, LLC, a
WITNESS my
My
SILVIA DAVIS PITKIN COUNTY CO
R 0
Agreement was acknowledged before me this
Harris A. Cahn as~j~mj~ll~mber of Buttermilk
comp~.y.
expires:
)
)SS.
)
of Easement Agreement was acknowledged before me this
2005 by Harris A. Cahn as M~of Calan &
liability company.
and official seal.
expires: ~- ~,'-~ /' ~£~13~
10/1~/2~5 ~2:34:
O O,OO
Legal Des
$ILVIA DAk
EXHIBIT "A"
~ription of Buttermilk Meadows Tract:
(See Following Three Pages)
PITKIN COUNTY CO R 0.00
517211
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D 0.00
PARCEL A:
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5ILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0,00
A TRACT OF LAND
RANGE 85 WEST OF THE
PART I CULARL Y
IN SECTION 3, TOWNSHIP 10 SOUTH,
~IXTH PRINCIPAL MERIDIAN BEING MORE
AS FOLLOWS:
BEGINNING AT A POINT
LAND DESCRIBED IN
CLERK AND RECORDER OF
SOUTH 1/4 CORNER OF
W 517.27 FEET;
THENCE N 05 DEGREES
BOUNDARY TO THE
IN BOOK 262 AT PAGE 11
THENCE ALONG SAID
THE FOLLOWING FOUR (4)
99.72 FEET;
THE EASTERLY BOUNDARY OF A TRACT OF
262 AT PAGE 116 OF THE RECORDS OF THE
iTKIN COUNTY, COLORADO WHENCE THE
.ID SECTION 3 BEARS S 52 DEGREES 09'50"
34" E 38.27 FEET-ALONG SAID EASTERLY
CORNER OF A TRACT OF LAND DESCRIBED
OF SAID PITKIN COUNTY'RECORDS;
DESCRIBED IN BOOK 262 AT PAGE 112
: 1) N 05 DEGREES 41'34" E
THENCE 2)' N 14 DEGREES 59~56" W 192,95 FEET;
THENCE 3) N 28 DEGREES 34'21" W 209.66 FEET;
THENCE 4) S 39 DEGREES .45'19" W 273.08 FEET TO THE NORTHERLY
LINE AS DESCRIBED IN B~ 262 AT PAGE 116 OF SAID PITKIN
CO~ RECORDS;
THENCE N 50 DEGREES 19 36" W 117.81 FEET ALONG SAID NORTHERLY
LINE TO THE WEST LINE LOT 13 OF SECTION 3;
THENCE N 01 DEGREES 22'00" E 880.39 FEET ALONG SAID WEST LINE
OF LOT 13 AND THE LINE OF LOT 21 OF SAID SECTION 3 TO
THE NORTH LINE OF A OF LAND DESCRIBED AS PARCEL 8 IN
BOOK 525 AT PAGE 84 OF SAID PITKIN COUNTY RECORDS;
THENCE ALONG SAID LINE THE FOLLOWING FOUR (4) COURSES:
1) N 88 DEGREES 29'27" E 50.46 FEET;
THENCE 2) N 89 DEGREES 54'27" E 244.00 FEET;
THENCE 3) N 88 DEGREES 10'27" E 298.14 FEET;
THENCE 4) S 89 DEGREES 41'36" E 108.64 FEET TO A POINT ON THE
WEST LINE OF A TRACT O] DESCRIBED IN BOOK 272 AT PAGE
401 OF SAID PITKIN RECORDS;
THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE (5) COURSES:
1) 171.35 FEET ALONG ARC OF A 2552.64. FOOT R3tDIUS CURVE
TO THE RIGHT, HAVING A CENTllAL ANGLE OF 03 DEGREES 50'46" AND
SUBTENDING A CHORD lING S 31 DEGREES 23'23" E 171.32 FEET;
THENCE 2) S 29 DEGREES 28'00" E 124.12 FEET;
THENCE 3) 117.49 FEET THE ARC OF A 534.99 FOOT RADIUS
CURVE TO THE RIGHT, 'ING A CENTRAL ANGLE OF 12 DEGREES
34'58" AND SUBTENDING CHORD BEARING S 23 DEGREES 10'31" E
117.25 FEET;
THENCE 4) S 16 DEGREES 53'00" E 40.30 FEET;
THENCE 5) 51.38 FEET ONG THE ARC OF A 386.66 FOOT RADIUS
CURVE TO THE LEFT, HAVI A CENTRAL ANGLE OF 07 DEGREES
36'48" AND SUBTENDING CHORD BEARING S 20 DEGREES 41'24" E
51.34 FEET TO THE LINE OF A TRACT OF LAND DESCRIBED
IN BOOK 228 AT PAGE 113 OF SAID PITKIN COUNTY RECORDS;
THENCE ALONG SAID DESCRIBED IN BOOK 228 AT PAGE 113
THE FOLLOWING THREE (3 COURSES: 1) N 52 DEGREES 16'37" W
77.48 FEET;
$ILVIA
TI4ENCE 2) S 39 DEGRE5
THENCE 3) S 52 DEGREE
LINE OF A TRACT OF LD2
SAID PITKIN COUNTY RE~
Tt~ENCE ALONG SAID LIN]
FOLLOWING TWO (2) CO~3q
FEET;
THENCE 2) S 07 DEGREE~
NORTHERLY coRNER OF A
PAGE 76 OF SAID PITKI~
TI~ENCE S 01 DEGREES 34
DESCRIBED IN BOOK 234
TRACT OF LAND DESCRIBE
PITKIN COUNTY RECORDS;
THENCE ALONG THE BOUND
739 THE FOLLOWING THRE
W 311.96 FEET;
THENCE 2) S 15 DEGREES
THENCE 3) S 05 DEGREES
OF SAID LOT 13;
THENCE S 89 DEGREES 45
TO TIEE POINT OF BEGINN
COUNTY OF PITKIN, STAT
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11/08/2005 11:291
~vIs PITKIN COUNTY CO R 0.00 D 0.00
43'23" W 255.00 FEET;
16'37" E 0.24 FEET TO THE NORTHERLY
D DESCRIBED IN BOOK 258 AT PAGE 874 OF
]OR.DS;
~ DESCRIBED IN BOOK 258 AT PAGE 874 THE
~SES: 1) S 40 DEGREES 02'41" W 21.59
: 34'37" E 147.13 FEET TO THE MOST
'TRACT OF LAND DESCRIBED IN BOOK 234 AT
'COUNTY RECORDS;
'37" E 150.39 FEET ALONG THE WEST LINE
AT PAGE 76 TO THE NORTHEAST CORATER OF A
D IN BOOK 250 AT PAGE 739 OF SAID
ARY DESCRIBED IN SAID BOOK 250 AT PAGE
E (3) COURSES: 1) S 88 DEGREES 38'23"
01'37" E ,210.47 FEET;
31'23" W 143-.36 FEET TO THE SOUTH LINE
'21" W 60.90 FEET ALONG SAID SOUTH.LINE
ING.
OF COLORADO
SILVIA DAVI PITKIN GOUNTY CO
DESCRIPTION-PARCEL B
A tract of land situ~
South, Range 85 West
particularly describe
Beginning at a point
described in Book 234
and Recorder of Pitk/
corner of said Sectio
thence along said bou
N 89"45~23" B 182.15
feet; thence 3} N 51".
24"04'37" W 155.62 re,
feet; thence 6} N 30"2
corner of a tract of
of Said Pitkin County
feet along the east
258 at Page 874; then(
northerly boundary.de~
point on the east linc
228 at Page 113.of sa/
N 39°39'00" E 60.03 fe
Book 228 at Page 113 t
described in Book 272
southerly line =he fo1
478.01 feet; thence
to the lef~,:having a
of 81°27'0f", and subt
E 192.66 feet; thence
S '26"44'~2" E 46.17 fe
Of a tract of land des,
Pitkin County records;
following three (3) co~
thence 2) S 44"31'12"
3) S 20°17'12" W 178.0~
said Section 10; thenc(
said west line of Lot
point'of beginning,
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11/08/2005 11:291 .
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;e in Sections 3 and 10, Township 10
of the 6th Principal Meridian being more
d as follows:
on the .south boundary of a tract of land
at Page 76.of'the records of the Clerk
~ County, Colorado whence the South 1/4
a 3 hears S 70"55'20" W 977.48 feet;
adary the following six (6) c~)urses:
~eet; thence 2) N 22°00'37" W.66.41
~6'37" W 116.34 feet; thence
)t; thence 5) N 37"32'37" w 54.75
~2'04" w 33.86 feet to the southeast
.and described in Book 258 a~ Page 874
records; thence N 39°39'00" B 306.29
,undary of sa~d tract described in Book
ei~ 48"38'00"W 4.26 feet along the
~ribed in Book 258 at Page 874 tO a
of a.tract of land described in Book :
d Pltkin County records; thence
et alon~ said east line described in
o the southerly line of a ~ract of'land
at Page 401; ~hence along said
lowing 2 courses: 1) S 48"38'00''
209.90 feet along the arc of a curve
=ad/us of 147.65 fee~, a central angle
~nding a chord bearing S 89"21'31"
~ 27'54'19" W 77.18 feet; thence
.t to a ~oint on the northerly line
:ribed in Book 269 at page 599 of said
thence along said northerly line the'
~rse~: 1) s 40°36'29" w 33.97 feet;
'90~.53 feet; thence
..feet to the west line of Lot 2 of
'N'0~"00'48" W 630.19 feet along
and Lot 14 of said Section 3 to the
:aining 9.536 acres more or less.