HomeMy WebLinkAboutbocc.ord.027.2000 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ACCEPTING THE GRANT OF AN AVIGATION
EASEMENT AGREEMENT FROM ROBERT HUNTER
AND PATRICIA HUNTER
ORDINANCE NO. 2000- 7
RECITALS
1. Robert Hunter and Patricia Hunter, as joint tenants, are the owners of certain real
property located in Pitkin County as more specifically described in Exhibit A attached hereto
(the "Property").
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,
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 charter commercial airline
operators.
3. Pitkin County desires to acquire certain rights in the Property to preserve for the
use and benefit of the public the right to a free and unobstructed flight for aircraft landing upon,
taking off from, or maneuvering about the county property.
4. Robert Hunter and Patricia Hunter have agreed to the terms and conditions set
forth in the Grant of Avigation Easement Agreement attached hereto as Exhibit B.
5. The Board of County Commissioners has determined that it is in the best interest
of the citizens of Pitkin County to accept this avigation easement.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that:
1. The Board of County Commissioners does hereby accept the Grant of Avigation
Easement Agreement from Robert Hunter and Patricia Hunter more fully described in Exhibit B
attached hereto and authorizes the Chair to sign the Avigation Easement Agreement and such
other documents as may be necessary to finalize the transaction, after approval of the form of
any further documents by the County Attorney's office.
INTRODUCED AND FIRST READ AND SET FOR PUBLIC HEARING ON THE
24th DAY OF MAY, 2000.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 27th DAY OF MAY, 2000.
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Ordinance No. 2000-
Page 2
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14th
DAY OF JUNE,2000.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 24th DAY OF JUNE, 2000.
THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By''Im - ( w
—ere Jones, Dep f
Clerk Shellie Roy, Chair
Date:
APPROVED AS TO FORM:
Deborah Quinn, y Suz Konch ,
Assistant County Attorney Coun Manager
Peter Van elt, ire or o Aviation
c:\home\vickiv\ords\hmtemvigation.ord.doc
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EXHIBIT A
LEGAL DESCRIPTION
A tract of land situated in Lot 10, Section 8, Township 9 South, Range 85 Kent
of the Sixth Principal Meridian, Pitkin County, Colorado, described as
follows:
Beginning at a point on the Northeasterly right-of-way of State Highway No. 62
whence the Southeast Corner of said Section 8 bears
South 23.481450 Nast 1771 .80 feet;
thence North 41.31, West 300. 00 feet along the Northeasterly right-of-way line
of said State Highway No. 02;
thence North 48•29' Knot 454.80 feet to the center of Roaring Fork River;
thence South 44.420 Rant 144. 52 feet along the center of the Roaring Fork
River; thence South 51.47f Bast 150.25 feet along the center of the Roaring
Fork River;
thence South 40129' West 491. 05 feet to the point of beginning.
TOGNTHRR WITH Basement for ingress and egress racorded April 30, 1996 as
Reception No. 392274.
COUNTY OF PXTK1N, STATE OF COLORADO.
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GRANT OF AVIGATION EASEMENT
AGREEMENT
THIS AGREEMENT made this /O day of P , 2000) by and between
ROBERT HUNTER and PATRICIA HUNTER as JOINT TENANTS ("Grantor") and
PITKIN COUNTY, COLORADO, acting by and through its Board of County
Commissioners ("Grantee").
RECITALS
1. Grantor owns real property located in Pitkin County, Colorado, commonly
known as 201 Pitkin Iron Road, and more specifically described on Exhibit A attached hereto
and incorporated by this reference ("Servient Tenement"); and
2. Grantee is the owner and operator of real property commonly known as the
Aspen/Pitkin County Airport a/k/a Sardy Field, located in Pitkin County, Colorado (
"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
3. 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; and
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is agreed as follows:
AGREEMENT
I. Grantor hereby grants to Grantee an Avigation Easement.
2. The Avigation Easement is appurtenant to the Dominant Tenement.
3. The Avigation Easement is for the right to fly and 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 (including takeoffs, landings and
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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 be 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:
1. As to the runway located on the Dominant Tenement (Runway 33/15.)
2. 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.
3. Said easement includes any flight track and iunways 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
Dominant Tenement.
4. The Grantor shall not construct or permit to remain upon Servient Tenement
any obstruction that extends above the height restrictions indicated in Exhibit B and C
attached hereto, 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
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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 Servient Tenement 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.
7. Grantor and its successors in interest agree that future Airport improvements
and expansion are within the scope of this Avigation Easement and that this Agreement
precludes Grantor from opposing any future Airport improvements or expansion based on
the adverse affect therefrom on the Servient Tenement.
8. This Easement shall bind and inure to the benefit of the respective heirs,
personal representatives, successors, and assigns of the parties hereto.
9. This Agreement embodies the entire and complete agreement of the parties on
the subject matter herein. No promise or undertaking has been made by any party, and no
understanding exists with respect to the transaction contemplated, except as expressly set
forth and referenced herein. All prior and contemporaneous negotiations and undertakings
between the parties are integrated and merged into this Agreement.
10. This Agreement may be executed in multiple original counterparts, each of
which shall constitute an original but all of which shall constitute one and the same
document.
11. In the event of any litigation concerning this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees.
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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:
Robert Hunter Patricia Hunter
GRANTEE: o��zY ,®
6 ,• Y O
BOARD OF COUNTY COMMISSIONER
OF PITKIN COUNTY, COLORADO wv EST:
*o� C0
i
By: X - lil �-, - /j/1 L
Shellie Roy, hair 5_ y-0 o Jea tte Jones, Depu Jerk
APPROVED AS TO FORM:
N^P eJ #h(x14-----
Suz a S. Konckan, County Manager 4Jn M. Ely, Coy ty ttorney
Y "
Peter Van Pelt, Director of Aviation
Parcel Number: 2643-084-00-014
- NOTARIAL ACKNOWLEDGMENT ON FOLLOWING PAGE-
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
20003 by Robert Hunter.
) tness my hand and official seal.
0*44"1411#0,,, My Commission Expees
�y't5:fvly,�cp� issionexpires: �z/15/2001
r. y :n� _ _..• CITE n�
,to s Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2000, by Patricia Hunter.
Witness my hand and official seal.
ommission ex py Commission Expires
&Alp — n��zo0i
0M.
expires:
,p
oI. E: i Notary ublic
5
EXHIBIT A
Order Number: 00026340
LEGAL DESCRIPTION
A tract of land situated in Lot 10, Section 8, Township 9 South, Range 65 West
of the Sixth Principal Meridian, Pitkin County, Colorado, described as
foIlowar
Beginning at a point on the Northeasterly rigbt-of-way of State Highway No. 82
whence the Southeast Corner of said Section 8 bears
South 23.401431 Snot 1772.80 feat;
thence North 41.31, West 300.00 feet along the Northeasterly right-of-way line
of said State Highwsy No. 92;
thence North 48029' Sant 454.00 feet to the center of Roaring Fork River;
thence South 44.42' Sant 144.52 feet along the center of the Roaring Fork
River; thence South 5I•47' Sast 158.25 feet along the center of the Roaring
Fork River;
thence South 46129, West 491.05 feet to the point of beginning.
TOCSTHSR WSTH Easement for ingress and egress recorded April 30, 1996 es
Reception No. 392274.
COUNTY OF PITJCIN, STATE OF COLORADO.
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