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HomeMy WebLinkAboutC13-118 Instrument of Release INSTRUMENT OF RELEASE efi L THIS INSTRUMENT OF RELEASE, made by the United States of America, 0 0 acting through the Federal Aviation Administration to the County of Eagle, MNo v— CO ° Colorado. � M N o ` s ' WHEREAS, o ° The United States, acting by and through the Administrator, Federal Aviation E o o Administration, granted Federal Funds for land acquisition and development of of o0 co ` the Eagle County Regional Airport, in Grant Agreements numbered AIP 3-08 - o ,w o 0020 -01 through AIP 3 -08- 0020 -50; and wF- ao 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 ,/2) I 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 6450 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 $210,000 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 within the County of Eagle, State of Colorado, and legally described as follows: Parcel 1 (Jules Drive Right -of -Way Parcel through Lot 2 of the Collins Subdivision) A parcel of land located in Lot 2 of Collins Subdivision, Town of Gypsum, Eagle County, State of Colorado, said parcel also located in Tract 66, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the northern boundary of said Lot 2, said point also being on the northerly boundary of said Tract 66 whence Angle Point Number 1 of said Tract 66 bears S 89 °48'08" E a distance of 340.64 feet; Thence along the arc of a curve to the right having a radius of 700.00 feet, and a central angle of 26 °51'31" for a distance along the curve of 328.14 feet; the chord of said curve bears S 75 °49'17" W a distance of 325.14 feet; Thence S 89 °15'03" W 221.41 feet; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 89 °08'55" for a distance along the curve of 964.68 feet; the chord of said curve bears S 44 °40'35" W a distance of 870.27 feet; Thence S 00 °06'08" W 528.70 feet; Thence along the arc of a curve to the left having a radius of 45.00 feet, and a central angle of 89 °48'42" for a distance along the curve of 70.54 feet; the chord of said curve bears S 44 °48'13" E a distance of 63.53 feet to a point on the southern boundary of said Lot 2, said point also being on the northern right -of- way of Cooley Mesa Road; Thence N 89 °42'34" W 170.00 feet along the northern right -of -way of Cooley Mesa Road; Thence along the arc of a curve to the left having a radius of 45.00 feet, and a central angle of 90 °11'18" for a distance along the curve of 70.83 feet; the chord of said curve bears N 45 °11'47" E a distance of 63.74 feet; Thence N 00 °06'08" E 528.14 feet; Thence along the arc of a curve to the right having a radius of 700.00 feet, and a central angle of 89 °08'55" for a distance along the curve of 1089.16 feet; the chord of said curve bears N 44 °40'35" E a distance of 982.57 feet; Thence N 89 °15'03" E 221.41 feet; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 02 °00'27" for a distance along the curve of 21.72 feet; the chord of said curve bears N 88 °14'49" E a distance of 21.72 feet to a point on the northern boundary of said Lot 2, said point also being on the northerly boundary of said Tract 66; Thence S 89 °48'08" E 294.57 feet along the northern boundary of said Lot 2 to the POINT OF BEGINNING containing 163526.8 square feet or 3.7541 acres more or less. Parcel 2 (Jules Drive Right -of -Way Parcel through Lot 2B of the Longview Subdivision) A parcel of land located in Lot 2B of the Longview Subdivision, Eagle County, State of Colorado, said parcel also located in Tract 65, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at the southeast corner of said Lot 2B of the Longview Subdivision, said point also being on the southern boundary of said Tract 65 whence Angle Point Number 4 of said Tract 65 bears S 89 °48'08" E a distance of 388.73 feet; Thence N 89 °48'08" W 246.47 feet along the southern boundary of said Lot 2B of the Longview Subdivision; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 23 °43'47" for a distance along the curve of 256.78 feet; the chord of said curve bears N 75 °22'36" E a distance of 254.95 feet to a point on the eastern boundary of said Lot 2B of the Longview Subdivision; Thence S 00 °11'52" W 65.22 feet along the eastern boundary of said Lot 2B of the Longview Subdivision to the POINT OF BEGINNING containing 5780.5 square feet or 0.1327 acres more or Tess. Parcel 3 (Jules Drive Reconnection Right -of -Way Parcel through Lot 1 of the Longview Subdivision) A parcel of land located in Lot 1 of the Longview Subdivision, Eagle County, State of Colorado, said parcel also located in Tract 65, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the southerly line of said Lot 1 of the Longview Subdivision, said point also being on the southern right -of -way of Jules Drive, said point also being on the southern boundary of said Tract 65 whence Angle Point Number 4 of said Tract 65 bears S 89 °48'08" E, 340.64 feet; Thence N 89 °48'08" W, 48.07 feet along the southern boundary of said Lot 1 of the Longview Subdivision; Thence N 00 °11'42" E, 65.22 feet along the western line of said Lot 1 to the northern right -of -way line of said Jules Drive; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 37 °06'06" for a distance along the curve of 401.48 feet; the chord of said curve bears N 44 °57'33" E a distance of 394.50 feet to a point on the northern boundary of said Lot 1; Thence N 83 °25'02" E, 93.18 feet along the northern boundary of said Lot 1 to the eastern right -of -way line of said Jules Drive; Thence along the arc of a curve to the right having a radius of 700.00 feet, and a central angle of 40 °08'25" for a distance along the curve of 490.41 feet; the chord of said curve bears S 42 °19'19" W a distance of 480.44 feet to the POINT OF BEGINNING containing 37257.8 square feet or 0.8553 acres more or Tess; Parcel 4 (Jules Drive Reconnection Right -of -Way Parcel through Lot 1 of the Longview Subdivision) A parcel of land located in Lot 1 of the Longview Subdivision, Eagle County, State of Colorado, said parcel also located in Tract 65, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at the northwest corner of said Lot 1 of the Longview Subdivision, said point also being on the southern right -of -way of Jules Drive; Thence N 83 °25'02" E 173.21 feet along the northern boundary of said Lot 1 of the Longview Subdivision; Thence along the arc of a curve to the right having a radius of 325.00 feet, and a central angle of 08 °39'36" for a distance along the curve of 49.12 feet; the chord of said curve bears S 60 °02'55" E a distance of 49.08 feet; Thence along the arc of a curve to the left having a radius of 35.00 feet, and a central angle of 95 °17'13" for a distance along the curve of 58.21 feet; the chord of said curve bears N 76 °38'17" E a distance of 51.73 feet; Thence along the arc of a curve to the right having a radius of 620.00 feet, and a central angle of 11 °46'29" for a distance along the curve of 127.41 feet; the chord of said curve bears S 34 °52'55" W a distance of 127.19 feet; Thence along the arc of a curve to the Left having a radius of 35.00 feet, and a central angle of 96 °47'17" for a distance along the curve of 59.12 feet; the chord of said curve bears N 07 °37'29" W a distance of 52.34 feet; Thence along the arc of a curve to the left having a radius of 275.00 feet, and a central angle of 40 °33'50" for a distance along the curve of 194.69 feet; the chord of said curve bears N 76 °18'03" W a distance of 190.65 feet to the POINT OF BEGINNING containing 7328.7 square feet or 0.1682 acres more or less; 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 I �} day of P ??...-k- 2013. UNITED STATES OF AMERICA Federal Aviation Administration By / Manager, De ver Airpo s District Office ATTEST: CCEPTED: 011 County Cler .. hairman, Boar of County 4L-1 , :vv,� Commissioners, Eagle Colorado APPROVED: County of TRA DENVER AIRPORTS DISTRICT OFFICE ��� sAo 26805 EAST 68th AVENUE, SUITE 224 Q �, DENVER, COLORADO 80249 -6361 o 5 (303) 342-1258 chi Q S " T ATES 0* FEDERAL AVIATION ADMINISTRATION RAC ,.: :r) April 1, 2013 Mr. Bryan R. Treu, County Attorney APR 4 ? G Eagle County Attorney's Office 500 Broadway = 4 ' + 0s_ P.O. Box 850 Eagle, Colorado 81631 Dear Mr. Treu: This letter is in reply to the County of Eagle, Colorado's request for the release of 4.91 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 (4.91 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 April 1, 2013. In order to complete the release process we need the following three items: 3 .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 master plan study under Airport Improvement Pfoject No. 3 -08- 0020 -49. If you have any questions, please contact Mr. Chris Schaffer at (303) 342 -1258. Sincerely, r J o P. Bauer, Manager De ver Airports District Office Enclosure: Instrument of Release