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Home My WebLink AboutC09-166 Instrument of Release FAA~€ ~ ~~~, ~..,.~ INSTRUMENT OF RELEASE THIS INSTRUMENT OF RELEASE, made by the United States of America, acting through the Federal Aviation Administration to the County of Eagle, Colorado. WHEREAS, The United States, acting by and through the Administrator, Federal Aviation Administration, granted Federal Funds for land acquisition and development of the Eagle County Regional Airport, in Grant Agreements numbered AIP 3-08- 0020-01 through AIP 3-08-0020-43; and WHEREAS, Said Grant Agreements provide that said land is for airports use, and WHEREAS, The Administrator of the Federal Aviation Administration has determined that the hereinafter described land no longer serves the purpose for which it was acquired and made subject to certain terms, conditions, reservations and restrictions in said Grant Agreement. NOW THEREFORE, for and in consideration of the County of Eagle, Colorado, the Administrator of the Federal Aviation Administration, on behalf of the United States, hereby releases unto the County of Eagle, Colorado, the hereinafter described real property subject to the following provisions and reservations: 1. The County of Eagle, Colorado agrees to continue to be bound by and further agrees to reserve unto itself, its successors and assigns in any instruments of transfer conveying title or any interest in the hereinafter described real property, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used for 4 navigation of or flight in the said airspace and for use of said airspace for landing on, taking off from, or operating on the Eagle County Regional Airport. 2. That the County of Eagle, Colorado expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to a height of not more than 6, 540 ft. above mean sea level. 3. That the County of Eagle, Colorado, expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with landing or taking off of aircraft at the Eagle County Regional Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the grantor is to reserve the right to enter upon the land released hereunder and to remove the offending structure or object and to cut the offending growth, all of which shall be at the expense of the grantee. 4. The County of Eagle, Colorado agrees to expend a sum of $715,000 within five (5) years after the date of execution of this Agreement for otherwise eligible Airport Improvement Program development work at the Eagle County Regional Airport. It is understood and agreed that this amount will not be eligible as Owner matching funds for development under the Airport Improvement Program (AIP). 5. The County of Eagle, Colorado agrees to maintain accurate records of expenditures which will be in accordance with accepted business practices and open for inspection by FAA at any time for three years after the date of completion of the expenditure required by paragraph 4 above. By this Instrument of Release, the United States of America by and through the Administrator, Federal Aviation Administration, hereby releases the real property described below from all the remaining conditions, reservations and restrictions except those reserved herein, contained in the identified Grant Agreements. The real property is located in the County of Eagle, State of Colorado, and legally described as follows: Parcel 105 A tract or parcel No. 105 of the Department of Transportation, State of Colorado, Project No. IM 0702-229 containing 6.962 acres, more or less, in tracts 51 and 53 of Section 2, Township 5 South, Range 85 West, of the Sixth Principal Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the W ~/ corner of said Section 2, Thence S. 87°30'03" E., a distance of 2191.33 feet to a point on the existing southerly right-of-way of U.S. Highway 6 (Nov. 2004), said point also being the TRUE POINT OF BEGINNING; 1. Thence S. 7°12'54" E., a distance of 1036.84 feet; 2. Thence S. 85°14'47" W., a distance of 259.38 feet; 3. Thence N. 68°03'19" W., a distance of 203.96 feet; 4. Thence N. 79°21'55" W., a distance of 230.00 feet; 5. Thence N. 10°38'05" E., a distance of 140.00 feet; 6. Thence S. 83°05'48" E., a distance of 230.49 feet; 7. Thence N. 56°57'36" E., a distance of 160.04 feet; 8. Thence N. 01°31'16" E., a distance of 273.87 feet; 9. Thence N. 05°10'18" W., a distance of 473.95 feet to the existing southerly right-of-way line of U.S. 6; 10. Thence along said line along the arc of a curve to the left having a redius of 5784.58 feet, a distance of 190.50 feet, (the chord of said arc bears S. 86°32'38" E., a distance of 190.49 feet), more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 6.962 acres, more or less of which 1.518 acres is in the existing Cooley Mesa Road. R • ~ r Parcel 105R A tract or parcel No. 105R of the Department of Transportation, State of Colorado, Project No. IM 0702-229 containing 0.024 acres, more or less, in tracts 51 and 53 of Section 2, Township 5 South, Range 85 West, of the Sixth Principal Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the W ~/4 corner of said Section 2, Thence S. 87°30'03" E., a distance of 2191.33 feet to a point on the existing southerly right-of way of U.S. Highway 6 (Nov. 2004), said point also being the TRUE POINT OF BEGINNING; 1. Thence along said line along the arc of a curve to the left having a radius of 5784.58 feet, a distance of 1.01 feet, (the chord of said arc bears S. 88°55'20" E., a distance of 1.01 feet); 2. Thence S. 7°12'54" E., a distance of 1036.70 feet; 3. Thence S. 82°45'41" W., a distance of 1.00 feet; 4. Thence N. 07°12'54" W., a distance of 1036.84 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 0.024 acres (1037 square feet}, more or less. ~ r + ~ t By its acceptance of this Instrument of Release the County of Eagle, Colorado covenants and agrees for itself, its successors and assigns to comply with and observe all the limitations set forth herein, expressly limited to the above described property. IN WITNESS WHEREOF the United States of America has caused this Instrument of Release to be executed as of the ~ day of ~,~._ 2009. UNITED STATES OF AMERICA Administrator, Federal Aviation Administration By Manager, Denver Airports District Office ATTEST: ACCEPTED: ~ ~---~ By * By County Clerk ol~~ Chairman, Board of Coun :F'. ~ Commissioners, Eagle Colorado APPROVED: County ~~.~ pF TRgNSpp ~v Q w 0 o z 2 ~oSIAT pk P~~ ES FEDERAL AVIATION ADMINISTRATION May 6, 2009 Mr. Bryan R. Treu, County Attorney Eagle County Attorney's Office 500 Broadway P.O. Box 850 Eagle, Colorado 81631 Dear Mr. Treu: DENVER AIRPORTS DISTRICT OFFICE 26805 EAST 68th AVENUE, SUITE 224 DENVER, COLORADO 80249-6361 (303) 342-1258 ~EC~z~~ MAY 8 2009 EAGLE C~~~~ ~ ~ ~~~'RI~EY This letter is in reply to the County of Eagle, Colorado's request for the release of 5.468 acres of land at the Eagle County Regional Airport, Eagle, Colorado, from all the restrictions and conditions of agreements with the United States Government. We have determined that the surplus property (5.468 acres) described on the enclosed instrument of release is no longer needed for aeronautical purposes, and that the County of Eagle is to be released from the terms and conditions of the various grant agreements which affect this land. Based on your request we have executed an Instrument of Release dated May 6, 2009. In order to complete the release process we need the following three items: 1. A formally accepted and recorded (Volume and Page Number) copy of the Federal Aviation Administration (FAA) Instrument of Release. 2. An updated airport property map, Exhibit "A", depicting the release of the subject parcel, and any other changes in land ownership which have occurred and are not currently shown. 3. The airport layout plan must be updated with respect to this release and seven signed copies provided to our office for approval. Please note that Item No. 3 above may be completed as part of the ongoing runway extension project under Airport Improvement Project Nos. 3-08-0020-41 through -43 Because of the parcels proximity to the airport, Federal Aviation Regulation (FAR) Part 77 may require the filing of FAA Form 7460-1, Notice of Proposed Construction or Alteration, prior to construction of any new facility on this property. If you have any questions, please contact Mr. Chris Schaffer at (303) 342-1258. Sincerely, raig A. Sparks, Manager Denver Airports District Office Enclosure: Instrument of Release TERM SHEET 1) Requested hearing date: (First choice) 5.26.09 (Second choice) 6.2.09 2) For County Manager signature: n/a 3) Requesting department: Attorney's office 4) TTrtle: Federal Aviation Administration (FAA) Instrument of Release 5) Check one: Consent: X On the Record: 6} Staff submitting: Bryan Treu (ext. 8695) 7) Pur ose: This release is for 5.468 acres of land at the Eagle County Regional Airport from all the restrictions and conditions of agreements with the United States Government. 8) Schedule: n/a 9} Financial considerations: n/a 10) Other; ., ~~ • f° +~, ~~~ P VED AS T~ F M ~y: { ~~~ , ~~~ eagle County Attorney s ~~ice ~y. Eagle County Comm~sslaners ~fflce