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HomeMy WebLinkAboutR94-056 partial release of portion of standard avigation and hazard easement(0 10 J Commissioner a ofk.14P moved adoption of the follow ling R olution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - - '( 56 WHEREAS, some of the foregoing- described easements included the continuing right "to prevent the erection or growth upon the Property of any building, structure, tree or other object extending into the air space above a mean sea level of 45 feet" ( "Clearance Rights "); and WHEREAS, the Airport is located at a level of 6536 feet above mean sea level; and WHEREAS, the height limitation of 45 feet above mean sea level in the Clearance Rights portion of the Standard Avigation and Hazard Easement unnecessarily includes areas below the altitude of the Airport facilities; and WHEREAS, the Board of County Commissioners of Eagle County, Colorado ( "the Board ") , desires to reduce the Clearance Rights portion of the Standard Avigation and Hazard Easement by defining it relative to the altitude of the Airport facilities. 535890 B -639 P -840 05/10/94 10:35A PG 1 OF 6 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 AUTHORIZING THE PARTIAL RELEASE OF A PORTION OF STANDARD AVIGATION AND HAZARD EASEMENT WHEREAS, the County of Eagle, Colorado owns and operates the Eagle County Regional Airport ( "Airport "); and WHEREAS, the County of Eagle, Colorado in the name of the "Eagle County Airport" was granted a Standard Avigation and Hazard Easement by the respective owners of certain real property in the vicinity of the Airport, which easements were recorded in the official records of Eagle County, Colorado; and WHEREAS, some of the foregoing- described easements included the continuing right "to prevent the erection or growth upon the Property of any building, structure, tree or other object extending into the air space above a mean sea level of 45 feet" ( "Clearance Rights "); and WHEREAS, the Airport is located at a level of 6536 feet above mean sea level; and WHEREAS, the height limitation of 45 feet above mean sea level in the Clearance Rights portion of the Standard Avigation and Hazard Easement unnecessarily includes areas below the altitude of the Airport facilities; and WHEREAS, the Board of County Commissioners of Eagle County, Colorado ( "the Board ") , desires to reduce the Clearance Rights portion of the Standard Avigation and Hazard Easement by defining it relative to the altitude of the Airport facilities. 535890 B -639 P -840 05/10/94 10:35A PG 1 OF 6 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, for purposes of safe operations of the Airport, the County does not require the Clearance Rights obtained by Standard Avigation and Hazard Easements between a mean sea level of 45 feet and a mean sea level of 6581 feet (or such other altitude as may be required to satisy Federal Aviation Administration regulations applicable to the Airport). THAT, any Clearance Rights obtained in that portion of real property between a mean sea level of 45 feet and a mean sea level of 6581 feet (or such other altitude as may be required to satisfy Federal Aviation Administration regulations applicable to the Airport) solely by virtue of grants of Standard Avigation and Hazard Easements shall be released by the recordation of instru- ments to that effect substantially in the form attached hereto as Exhibit A ( "Release "). THAT a Release may be executed and delivered on request by any owner of real property affected or may be executed and recorded by the Board unilaterally. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this day of May, 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS t By. r ohnnette Phillips, Ch irman Georg A. Gates, Commissioner n, Jame. Johnson, Jr., Commissioner 535890 B -639 P -840 05/10/94 10:35A PG 2 OF 6 2 County Commissioners 1 Commissioner seconded adoption of the foregoing reso tion. The roll h ving been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates r Commissioner James E. Johnson, Jr. This Resolution passed by — vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \aviation.rel 535890 B -639 P -840 05/10/94 10:35A PG 3 OF 6 3 PARTIAL RELEASE OF A PORTION OF STANDARD AVIGATION AND HAZARD EASEMENT This Partial Release of a Portion of Standard Avigation and Hazard Easement (hereinafter referred to as the "Release ") is made this day of , 1994, by the Board of County Commissioners of Eagle County, Colorado, whose legal address is 500 Broadway, Eagle, Colorado (hereinafter referred to as "Releasor ") . WHEREAS, the County of Eagle, Colorado owns and operates that certain airport commonly known as the Eagle County Regional Airport (hereinafter referred to as the "Airport "); and WHEREAS, the County of Eagle, Colorado, in the name of the "Eagle County Airport," was granted a Standard Avigation and Hazard) Easement on that real property in a part of that certain tract of `s land in Tract 60, Section 9, Township 5, Range 85W of the County of Eagle, State of Colorado, more particularly described in Exhibit A attached hereto, which instrument was dated February 24, 1982 and recorded at Book 336, Page 887, of the official records of Eagle County, Colorado (hereinafter referred to as "Standard Avigation and Hazard Easement "); and WHEREAS, the Airport is located at a level of 6536 feet above mean sea level; and WHEREAS, the foregoing- described Standard Avigation and Hazard Easement included, among other rights, the continuing right in Releasor "to prevent the erection or growth upon the Property of any building, structure, tree or other object extending into the air space above a mean sea level of 45 feet, "; and WHEREAS, the height limitation in the foregoing described portion of the Standard Avigation and Hazard Easement unnecessarily includes areas below the altitude of the Airport facilities; and WHEREAS, Releasor desires to reduce the foregoing described portion of the Standard Avigation and Hazard Easement by defining it relative to the altitude of the Airport facilities. 535890 B -639 P -840 05/10/94 10:35A PG 4 OF 6 EXHIBIT A ry~ NOW, THEREFORE, Releasor hereby releases all of its right, title and interest to prevent the erection or growth upon the Property of any building, structure, tree or other object extending into the air space in and to that portion of the Property between a mean sea level of 45 feet and a mean sea level of 6581 feet, which Releasor holds solely by virtue of the foregoing Standard Avigation and Hazard Easement, recorded at Book 336, Page 887 of the official records of Eagle County, Colorado; provided that this Release is not intended to and does not convey, release or waive any other right, title or interest that Releasor has in the Property by virtue of said Standard Avigation and Hazard Easement, which right, title and interest Releasor expressly retains; and provided further that this Release is not intended to and does not convey, release or waive any other right, title or interest whatsoever that Releasor may.have in the Property. IN WITNESS WHEREOF, this Release has been executed the day and year first above written. ATTEST: Clerk to the Board of County Commissioners 535890 B -639 P -840 05/10/94 10:35A PG 5 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Johnnette Phillips, Chairmen James E. Johnson, Jr. Commissioner George A. Gates, Commissioner •_ . ,� u� PA EXHIBIT A PROPERTY DESCRIPTION That certain parcel of real property located in Section 9,, Township 5, Range 85W of the County of Eagle, State of Colorado, more particularly described as: Parcel A of the Spring Creek Park Subdivision Known as: 1599 Spring Creek Road, Gypsum, CO 81637 :7 V� p \aviation.rel 535890 B -639 P -840 05/10/94 10:35A PG 6 OF 6 3