TOWN OF GYPSUM, COLORADO 

Ordinance No. 09 

(Series 201 0) 

AN ORDINANCE ANNEXING CERTAIN LANDS KNOWN AS PARCEL 1, 2 AND 3 OF 

THE SECOND EAGLE COUNTY AIRPORT ANNEXATION, TO THE TOWN OF 

GYPSUM, COLORADO. ::Sf.~/~·· 

WHEREAS, a petition ("Petition') for the annexation of land known as Parcel 1, 2, 

and 3 of the Second Eagle County Airport Annexation, described on Exhibit A attached 

hereto and incorporated herein by this reference (the ""Property"), has been submitted to 

the Town of Gypsum; and 

WHEREAS, the Town Council has adopted Resolution 201 0-19 Initiating Annexation 

Proceedings for Certain Property to be known as Parcel 1, 2, and 3 of the Second Eagle 

County Airport Annexation and Finding the Petition to be in Substantial Compliance with 

Section 31-12-107, C.R.S.; and 

WHEREAS, the Petition has been signed by more than fifty percent (SO%) of the 

owners of the Property who own more than fifty percent (SO%) of the Property, exclusive 

of streets and alleys; and 

WHEREAS, all applicable requirements of the Gypsum Municipal Code have been 

fulfilled; and 

WHEREAS, the Town Council has held a public hearing, received evidence, and 

adopted Resolution No. 2010- 20 Setting Forth Findings of Facts and Conclusions 

regarding Parcels 1, 2, and 3 of the Second Eagle County Airport Annexation; 

WHEREAS, the Property is eligible for annexation in accordance with the Municipal 

Annexation Act of 196S; 

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF 

GYPSUM, COLORADO, as follows: 

Section 1 -INCORPORATION: The recitals set forth above are incorporated and ordained 

as if set forth in this section in full. 

Section 2- ANNEXATION: The Property is hereby annexed to the Town of Gypsum, 

Colorado. 

Section 3- ANNEXATION CONDITIONS: The annexation of the Property is subject to the 

terms and conditions of the Annexation Agreement North Airport Annexation Agreement 

approved by the Town Council on the 13th day of July, 2010, between the Town of 

Gypsum and the landowners petitioning for annexation: 
Section 4- FILINGS: Within thirty (30) days after the effective date of this Ordinance, the 

Town Clerk shall: 

a. File one copy of the annexation map with the original of the Annexation 

Ordinance in the office of the Clerk of the Town of Gypsum, Colorado. 

b. File two certified copies of the Annexation Ordinance and map of the area 

annexed containing a legal description of such area with the County Clerk 

and Recorder. 

Section 5 - PUBLIC HEARING: A public hearing on this Ordinance shall be held on the 

13'' day of july 2010 at 7:00p.m. at the Town Council Chambers, Gypsum Town Hall, 

Gypsum, Colorado. 

Section 6- EFFECTIVE DATE: This Ordinance shall become effective as a permanent 

ordinance five days after publication following final passage. 

Section 7- SEVERABILITY: If any portion of this Ordinance is found to be void or 

ineffective, it shall be deemed severed from this Ordinance and the remaining provisions 

shall remain valid and in full force and effect. 

ATTRT: J. 0 A 

-~--~------- Danette Schlegel 

Town Clerk 
EXHIBIT A 

LEGAL DESCRIPTION OF PROPERTY 

PARCELl 

A parcel of land located in Sections 2, 3, 4, and 9, Township 5 South, Range 85 West of the Sixth 

Principal Meridian, Town of Gypsum, Eagle County, Colorado being more particularly described 

by metes and bounds as follows: 

Beginning at a point being the Southeast Corner of the Eagle County Maintenance Service Center, 

according to the Amended Exemption Plat thereof, as recorded October 20, 1999 as Reception No. 

712446; thence N00°09'30"E, 1282.80 feet to Angle Point 1 of Tract No. 66 also being the Southeast 

Corner of the Longview Subdivision according to the Plat thereof as recorded December 27, 1971; 

thence along the South boundary of said Lot 1 S89°53'27"W, 340.66 feet; thence 490.42 feet along 

the arc of a curve to the left having a radius of 700.00 feet and a central angle of 40°08'31" the chord 

of which bears N42°01'07"E, 480.46 feet to the North boundary of said Lot 1; thence N83°06'37"E, 

20.21 feet, to the northeast corner of said Lot l;thence departing said Lot 1 Boundary and along the 

West line of Tract 62 N 01 °08'09" W, 4.58 feet to the Southwest corner of Lehmann Parcel according 

to the Annexation plat thereof recorded at Reception No. 200617642; thence departing the West 

line of said Tract 62 and along the South lines of said Lehmann Parcel N 81 °50'25" E, 3616.85 feet to 

the Southeast corner of said Lehmann Parcel; thence along the easterly boundary of said Lehmann 

Parcel, and the easterly and southerly boundary of Gypsum Airpark LLC, DBA Gypsum 

Commercial Park, as recorded at Reception No. 609362 the following four (4) courses and 

distances: 

1) N 01°49'43" E, 576.43 feet; 

2) S 88°10'31" E, 61.45 feet; 

3) N 72°24'56" E, 569.20 feet; 

4) S 89°08'06" E, 285.75 feet; thence departing said southerly line of Gypsum Airpark LLC, DBA 

Gypsum Commercial Park, continueS 89°08'06" E, 1785.68 feet; thence N 00°51'00" E, 200.00 feet; 

thence S 89°09'00" E, 1962.68 feet; thence S 00°44'07" W, 200.00 feet; thence S 89°09'21" E, 213.88 

feet; thence S 70°31'00" E, 327.11 feet to a point on the 2-lline of Tract 56; thence along said line N 

89°06'30" E, 479.92 feet to Corner 1 of said Tract 56 and Corner 4 of Tract 55; thence along the 4-5 

line of said Tract 55, N 00°11'54" W, 331.44 feet to the Northwest corner of that parcel of land 

described in Book 433 at Page 775; thence along the North line of said parcelS 81 °24'27" E, 1719.38 

feet to the Northeast corner of said parcel; thence continueS 81 °24'27" E, 25.24 feet to the 

Northwest corner of Hoffman Exemption Plat according to the plat thereof recorded in Book 682 

at Page 812; thence along the West boundary of said plat the following three (3) courses and 

distances: 

1) S00°48'16"W, 973.02 feet; 

2) 66.92 feet along the arc of a curve to the right having a radius of 85.03 feet, a central angle of 

45°05'54" and a chord which bears S23°21'02"W, 65.21 feet; 

3) S 00°48'16"W, 183.50 feet, to the Northern boundary of those lands described in the Eagle 

County Airport Annexation to the Town of Gypsum, according to the Annexation Map thereof as 

recorded February 6, 1997 as Reception No. 614097; 

thence along said Northern boundary S81 °50'29"W, 8852.25 feet; thence S00°00'00"E, 6.53 feet to 

the North boundary of the Cooley Mesa Road Am1exation to the Town of Gypsum, recorded 
February 6,1997 as reception No. 614098; thence along said Northern boundary the following 

eighteen (18) courses: 

1) 424.73 feet along the arc of a curve to the left having a radius of 1939.86 feet and a central angle 

of 12°32'41" the chord of which bears S77°14'29"W, 423.88 feet; 

2) S70°20'49"W, 47.12 feet; 

3) S69°21'30"W, 50.40 feet; 

4) S68°49'26"W, 50.16feet; 

5) S68°43'47"W, 3.33 feet; 

6) S68°43'26"W, 199.69 feet; 

7) S68°50'49"W, 46.74 feet; 

8) S69°37'20"W, 49.37 feet; 

9) S71°14'17"W, 49.27 feet; 

10) S72°24'15"W, 2.70 feet; 

11) 266.75 feet along the arc of a curve to the right having a radius of 1115.92 feet and a central 

angle of 13°41'46" the chord of which bears S79°19'23"W, 266.12 feet; 

12) S86°43'16"W, 22.37 feet; 

13) S88°09'25"W, 49.29 feet; 

14) S89°26'23"W, 49.55 feet; 

15) S89°53'24"W, 26.98 feet; 

16) S00°04'17"E, 7.70 feet; 

17) S89°27'21"W, 570.79 feet; 

18) N89°20'56"W, 302.03 feet to the Point of Beginning. 

Containing 452.2 acres of land more or less. 

PARCEL2 

A parcel of land being a portion of Tract 54, Township 5 South, Range 85 West of the 6th Principal 

Meridian, County of Eagle, State of Colorado, more particularly described as follows: 

Beginning at a point being angle point 2 of said Tract 54, thence along the north line of said Tract 

54, S89°08'13"E, 714.26 feet to a point, being the northeast corner of Parcel A, Greenman 

Exemption Plat, as recorded April28, 1989 at Reception No. 401473, in the Office of the Eagle 

County Clerk and Recorder; thence departing said Tract line and along the southeast boundary of 

said Parcel A the following 7 courses: 

1) S47°51 '36"W, 425.84 feet; 

2) S42°08'24"E, 50.00 feet; 

3) S47°51'36"W, 200.00 feet; 

4) N42°08'24"W, 50.00 feet; 

5) S47°51'38"W, 137.21 feet; 

6) S49°08'07"W, 156.51 feet; 

7) 37.64 feet along the arc of a curve to the right having a radius of 1245.92 feet, an central angle of 

01 °43'51", and a chord which bears S53°28'32"W, 37.63 feet to the westerly line of said Tract 54; 

thence along said westerly line of Tract 54 N00°01'12"E, 647.52 feet to the Point of Beginning, 

Excepting therefrom: i) that portion of the Cooley Mesa Road right of way defined in the Cooley 

Mesa Road Annexation as recorded in the Eagle County Clerk and Recorder's Office as Reception 

No. 614098 and, 
ii) that portion of those lands defined as Eagle County Airport Annexation to the Town of 

Gypsum as recorded at Reception No. 614097 in the Office of the Eagle County Clerk and 

Recorder, County of Eagle, State of Colorado. 

Containing 3.52 acres more or less. 

PARCEL3 

A Parcel of land, located in Tract 60, Section 3 and 10, T5S, R85W, 6th P.M., County of Eagle, State 

of Colorado, according to the Independent Resurvey thereof as accepted by the General Land 

Office June 6, 1923, also being northerly of and adjacent to the Cooley Mesa Road, said parcel 

being more specifically described as follows: 

Commencing at the monument marking the wib1ess corner to angle point 3 of tract 57 from which 

angle point 2 Tract 54 bears N71 °44'56"E, 4175.85 feet; thence S89°04'54"W, 30.01 feet to the true 

Point of Beginning being the southeast corner of the "Nunn Property" as defined in the Num1 

Property, Land Survey Plat as deposited in Book 001 at Page 660 in the Eagle County, Colorado, 

Land Survey Plat depository; thence S89°04'54"W, 295.23 feet along the northerly boundary of the 

Cooley Mesa Road right of way, thence N00°21'00"E, 295.16 feet, thence N89°04'54"E, 295.23 feet, 

thence S00°21'00"W, 295.16 feet to the point to the point of beghming. 

Containing 2.00 acres more or less 
SUPPLEMENTAL 

THIS SUPPLEMENTAL INTERGOV NMENTAL AGREEMENT, ("Agreement") is 

made and effective this 13 day of , 2010, by and between the TOWN 

of GYPSUM, COLORADO, a Colora o h01 e-rule municipality ("Gypsum"), and the 

COUNTY of EAGLE, a political subdivision of the State of Colorado, acting through its 

Board of County Commissioners ("County"). Gypsum and the County may be referred 

to herein as the "parties." 

RECITALS 

l. The parties have previously entered into the following agreements with terms to 

extend water from Gypsum's municipal boundaries to certain property known as 

the Eagle County Airport Property ("Airport Property"), as more particularly 

described in the legal description attached hereto as Exhibit "A": 

A. Intergovernmental Agreement dated March 14, 1988 ("1988 Agreement"); 

and 

B. Agreement dated December 23, 1992 by and between the parties hereto and 

The Vail Valley Consolidated Water District (hereinafter referred to as the 

"1992 Agreement"); and 

C. Termination Agreement dated December 12, 1996 by and between the parties 

hereto and the Eagle River Water and Sanitation District ("1996 Agreement"); 

and 

D. Intergovernmental Agreement dated February 9, 1999 (including April 27, 

1999 Addendum)("Maintenance Center Agreement"); and 

E. Intergovernmental Agreement dated April19, 2004 ("2004 Agreement"). 

2. Gypsum has succeeded to certain other Agreements respecting the delivery of 

water and water chmges all as set forth in the 1996 Agreement including, but not 

by limitation, the agreement with the Jet Center, Inc., and its successor, Fixed 

Base Operations, Inc. 

3. The County is fee owner of certain real property comprising approximately 457 

acres, known as the Eagle County Regional Airport ("Airport"), of which a 

portion includes the north side of the Airport and certain lands presently leased to 

the Colorado Air National Guard ("National Guard") (collectively the 

"Annexation Property"). 

4. Eagle County previously provided Gypsum with certain easements for water and 

sewer lines at the Property, and across the Airport, as a condition of Gypsum 

agreeing to annex the property. 

5. The County filed a Petition to annex the Annexation Property to Gypsum on 

December 23, 2009 and seeks to secure a Master 1041 Permit for the Eagle 

County Airport area property. 

' / 
SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

PAGE2 

6. Gypsum currently provides water to the existing development on the Annexation 

Property including (a) that portion of the Annexation Property currently leased by 

the National Guard pursuant to a Lease Agreement dated November 1, 2000 

("Lease") and (b) to other airport facilities. Gypsum waived the water right 

dedication fees and water and sewer tap fees for 4.2 EQR at the National Guard 

facility on April 25, 2000. Eagle County paid the water right dedication fees, 

water and sewer tap fees for 1 EQR to service the Eagle County Airpmt Tower on 

May7, 2003. 

7. Water service is provided via one twelve inch (12") water main. Sewer service is 

provided by an existing eight inch (8") sewer main. Both lines were constructed 

and connected to Gypsum's municipal utility services pursuant to the Lease. 

8. The 2004 Agreement provides for the periodic reassessment of Equivalent 

Residential Units ("EQR") based on metered uses, and payment by the County for 

resultant tap fees and water right dedication ("WRD") fee requirements. EQR 

guidelines are governed by Gypsum's Municipal Code, in section 13 .08. 

9. In May 2009, Gypsum and the County completed a reassessment of the EQR used 

by the County on the existing Airport Property pursuant to the 2004 Agreement. 

The reassessment resulted in a total of 25.13 EQR requiring current water and 

sewer service at various county airport facilities. Eagle County paid for the 

reassessed amount. 

10. Eagle County also has two other separate accounts which receive water and sewer 

service from Gypsum; the Echo Ranch property, and the County Road and Bridge 

Facility. Combined, these county facilities currently use approximately 32 EQR. 

11. Gypsum and the County recognize that treated water use will continue to increase 

in the future clue to increasing enplanements and other improvements at the 

Airport Property which will require fee payment. It is anticipated that in the next 

40-50 years, the County's treated water use will increase up to 80 EQR, and 

remain at about 32 EQR at the other County facilities. This supplemental 

agreement is intended to allow for a future total of up to 112 EQR (80 for airport 

facilities, 32 for other accounts), and make provisions for up to 70 EQR for 

County lessees. Therefore, up to 182 EQR is calculated for use at the airport. 

12. Gypsum and County recognize that other entities within the Annexation Property 

are currently provided with water and sewer service, and which may require 

future service and fee payments. This supplemental agreement is also intended to 

reflect the parties' agreement to assess Gypsum's usual fees to other users, 

including the National Guard and any other County lessees. 

13. Gypsum and the County seek to memorialize their agreement in recognition of tap 

fees and connection charges for future reassessed EQR, and to provide for the 

satisfaction of Gypsum's water right dedication ordinance requirements by 

supplementing the 2004 Agreement. 

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SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

PAGE3 

NOW THEREFORE, for and in consideration of the mutual promises and covenants 

contained herein, as a condition of approval of the anticipated Annexation Agreement 

and the anticipated Master 1041 Permit, and other good and valuable consideration, the 

receipt and sufficiency of which is hereby acknowledged by all parties, the parties agree 

as follows: 

1. Existing Potable Water Service on the Airport Property and Projected Potable 

Water Service to the Annexation Property 

A. 2009 County Water Assessment. Gypsum and the County 

acknowledge and agree that the current demand for treated water and sewer service for 

the County's uses within the Airport Property as of the execution date of this 

Supplemental Agreement and pursuant to the 2004 Agreement is 25.13 EQR. The 

assessment was made by assessing the peal' month water usage over a three year period 

(excepting any outlier of 50,000 gallons or more for one month), as specified in the 2004 

Agreement. Gypsum and the County acknowledge that the County has used its preexisting prepaid water tap fee balance, and a prepaid WRD balance. After the 2009 

county water assessment, the County has a zero balance for tap fees, and 0.47 EQR credit 

for WRD. An accounting table showing these credits after the 2009 county water 

assessment is attached as Exhibit B. 

B. Expected County Water and Sewer Demand. Gypsum and the 

County agree that the expected level for demand for treated water for specific County 

uses within the Annexation Property for purposes of the Master 1041 approval is for 112 

EQR, as determined by the Code. The 112 EQR is expected to be utilized over the next 

20-50 years. Please see Exhibit C (Zancanella Memo dated November 16, 2009) which 

details expected County uses. At such time when the County uses all 112 EQR, the 

parties agree to update this Supplemental Agreement and/or the 2004 Agreement. 

C. Expected Other Water and Sewer Demand. Gypsum and the 

County agree that property within the Annexation Property, including the High-Altitude 

Army Aviation Training Site (HAATS), National Guard is expected to use up to 44 EQR 

based on future expansion plans. Based upon provisions in the "south side" airport 

annexation, the Vail Valley Jet Center has an agreement to use up to 21.8 EQR, and there 

is a rental car preparation facility that holds a tap for 1.6 EQR. Therefore, between 

existing other users and expected National Guard expansion, the expected other water 

and sewer demand at the airport generally is for approximately 70 EQR. Please see 

Exhibit C. There may be future demand in addition to this estimate if the County leases 

property to other entities. 

D. Annexation Wate.L Generally, Gypsum requires Annexation 

Water to be dedicated prior to annexing new property. In this case, Annexation Water is 

not required from the County clue to previous agreements regarding this Annexation. 

However, annexation water is required for any entities that seek to use Gypsum's water 

and sewer service in the future. Currently, the parties are aware of the planned expansion 

at the National Guard facility. The amount of Annexation Water required for such 

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SUPPLEMENTAL INTEHGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

PAGE4 

expansion is agreed to be 25 AF. The parties anticipate that the National Guard's 

Annexation Water may be satisfied by agreement regarding Eagle River contract water 

held by Eagle County. Upon such time when the Colorado National Guard seeks land 

use approvals for the planned National Guard facility, the County agrees to work with 

Gypsum to secure an agreement whereby the National Guard will provide adequate 

Annexation Water to Gypsum for its projected uses. The parties contemplate that the 

Annexation Water can be satisfied by the County's Eagle River water. Similarly, if the 

County leases Annexation Property in the future, to the extent additional water and sewer 

service is required for such leased property, then annexation water will be required at that 

time from the lessee. 

E. Water Rights Dedication Fee Payment. Pursuant to the Gypsum 

Municipal Code, the basic water rights dedication requirement for the Annexation 

Property provides for either dedication of acceptable water rights or an in-lieu water right 

dedication fee in accordance with the rate structure in effect at the time that water right 

dedication fees are due under the Gypsum Municipal Code. The County (and any County 

lessees with new water uses) may provide Eagle River water (by contract and/or reservoir 

release) that is acceptable to Gypsum, and/or make an in-lieu fee payment (by payment 

and/or by property exchange), and/or by any combination of options, as determined 

acceptable by both the County and Gypsum .. The current Gypsum water right dedication 

fee is currently $7,000.00 per EQR. Payment for water right dedication fees for 

increased use at existing connections shall be assessed at the then prevailing rate, either (i) 

at building permit for any new development, or (ii) on the three year review as provided 

for in the 2004 Agreement. 

F. Water Service Tap Fee Payment. Pursuant to the Gypsum 

Municipal Code, the water service tap fee for the Annexation Property based on the water 

tap fee charged generally by Gypsum and governed by the Code at the time of Final Plat 

and Building Permit Application. For illustrative purposes only, the current Gypsum 

water tap fee is $6,000.00 per EQR. The County (and any County lessees) may pay at 

building permit or connection to services or on the three year review under the 2004 

Agreement (whichever occurs first), for any portion of the tap fees, and/or pay by 

property exchange, and/or pay by any combination of these options, as determined by 

both the County lrnd Gypsum. Such tap fees shall be paid in accordance with the 2004 

Agreement. Notwithstanding the three-year reassessment authorized by the 2004 

Agreement, the County may pay for WRD fees at annexation for future credit, or on a per 

building permit basis. In addition: 

1. County shall pay all costs, materials, labor and fees required to connect 

new water service lines to water main lines, including Gypsum inspection charges. 

2. County shall install all new service lines, stub-outs, main lines and 

necessary improvements and facilities within the Prope1ty at County's sole cost and 

expense. 

3. Except for service lines and improvements related to individual water 

service, all water lines and related improvements constructed pursuant to this Agreement 

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SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

PAGES 

shall be conveyed to Gypsum upon completion of constmction, and prior to Gypsum 

providing service to any of the lines or improvements. Prior to conveyance, which shall 

be made free and clear of all liens and encumbrances, County shall provide reproducible 

mylar as-built drawings and AutoCAD drawing data on disc to Gypsum, easements for 

all water lines and facilities in scope and form reasonably acceptable to Gypsum, an 

assignment of all material and labor warranties and certification by a Colorado 

professional engineer that such facilities have been built to the Code and standards and 

are in proper condition. The requirements of the Code, for acceptance by Gypsum of any 

water main lines or improvements shall be met prior to Gypsum providing service to any 

of the lines or improvements. 

G. Payment for 2009 Water Rights Dedication and Tap Fees. The total EQR 

currently used by the County (and the National Guard) under Gypsum's water right 

dedication and tap fees prior to the execution of any Annexation Agreement for the 

Annexation Property was either paid in full or waived. As of the execution of this 

Supplemental IGA, the County's use is assessed at 25.13 EQR. The County has a credit 

for water right dedication of fees in the amount to cover 0.47 EQR. This amount includes 

existing EQR used at the airport. The tap fees and dedicated water rights or in-lieu fees 

shall be exclusive of any EQR for water use at the National Guard Property. As a 

condition to the Annexation, the County agrees to work with Gypsum to secure 

agreement with the ·National Guard on all annexation fees, water rights dedication fees 

and tap fees. Also, the County shall continue to be responsible for future payments for 

County use as required by the periodic reassessments as provided by the 2004 Agreement 

and this Supplemental Agreement. 

H. Potable Water Delivery. Potable water shall be provided to the Annexation 

Property through the existing water main provided by the Lease. All connections for 

potable water shall be metered. 

I. Periodic Reassessment. Gypsum and the County agree that the 2004 

Agreement shall continue to be applied for the Annexation Property Master 1041 Permit 

Approval process, so that the provisions of the 2004 Agreement shall be applied in 

calculations of EQR's and related fees, connection charges, and water right dedication 

requirements additional to those recognized and agreed to in this Supplemental 

Agreement. The next periodic assessment of shall be conducted by Gypsum on or before 

October 30, 2012, and any fees shall be clue as of December 31, 2012. After that, the 

assessment and payments shall be made by each 3 year anniversary. In no event shall 

there be more than 182 EQR (112 EQR for County, 70 EQR for lessees) developed at the 

airport (including the Airport Property and any previously annexed County property at 

the airport), without written agreement between the County and Gypsum. 

J. No Outside Water Fixtures. No outside plumbing fixtures, except for public 

drinking fountains or fire hydrants, shall be connected to the potable water supply. 

Without the written approval of Gypsum, no structure shall have more than one outside 

hose bib from the potable system, which shall be located at a visible location on the front 

of the stmcture and which shall not be used for irrigation purposes. The County shall 

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SUPPLEMENTAL lNTEHGOVEHNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

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secure Gypsum's approval in advance for any additional legal and physical supply for 

any raw water irrigation. 

K. Oversized Facilities. Gypsum and the County agree that Gypsum may 

oversize and use any raw water facilities, at Gypsum's sole cost and responsibility for its 

proportionate share of any requested oversizing or shared use. The County shall 

determine the locations for such easements or right-of ways, provide that easements and 

or right-of-ways any the raw water facilities without charge to Gypsum, and shall also 

provide for Gypsum's access and use. 

L. Inadequate System Capacity. Gypsum and the County acknowledge there is 

currently sufficient water system capacity to serve the EQR representing the County's 

2009 water demand, however, use of such system capacity is on a "first come, first serve" 

basis and may not be available when building permits are requested. For the purpose of 

this Agreement, insufficient capacity to serve the Project means insufficient water 

treatment capacity to serve all properties within Gypsum, all areas currently served by 

Gypsum located within and without Gypsum, and also serve the County's property. 

Gypsum may impose a temporary or permanent system-wide moratorium on issuing 

water taps to serve the County's property, should Gypsum determine in its sole subjective 

discretion that it has insufficient water treatment capacity. Upon any such moratorium, 

Gypsum shall take reasonable efforts to increase system capacity to serve the County's 

property. Should Gypsum fail to provide water service to the County's property when 

desired, the sole remedy of the County shall be to require Gypsum to disconnect the 

Property from Gypsum and/or to seek a refund of any amounts paid for water right 

dedication fees and/or water service tap fees paid for any lots affected by the moratorium. 

If Gypsum subsequently provides water service to the County's property, all refunded 

fees shall be repaid to Gypsum as a condition of service. 

2. Existing and Projected Wastewater Service on Airport Property. 

Gypsum currently provides sewage service to the Airport Property, which allows for 

current and additional use. Gypsum and the County agree that this Supplemental 

Agreement expressly covers sewer service and revokes paragraph 6 of the 2004 

Agreement. Any additional sewage utility service to the Property shall be provided 

consistent with all of Gypsum's requirements regarding wastewater and sewer service, 

agreed to herein <md as provided by the Gypsum Municipal Code and such rules and 

regulations as Gypsum may adopt or amend from time to time by resolution, or as 

otherwise agreed upon by the parties. The County is not responsible for sewer service 

fees for County lessees on Airport Property, including the sewer fees for the proposed 

National Guard expansion. Any such lessees are responsible to meet Gypsum's sewer 

service requirements. Gypsum's requirements including, without limitation, are as 

follows: 

A. Lines. Locating and extending sewer lines and facilities shall only 

occur in a location determined by the County and in a m<mner acceptable to Gypsum, and 

from existing Gypsum sewer lines to and through the Airport Propetty; and 

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SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

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B. Sewer Service Tap Fees. The County or a County lessee shall 

pay such sewer tap fees for all future users, and pay such service charges as Gypsum may 

from time to time establish, consistent with fees and charges imposed upon other users 

within the Town boundaries or as may be otherwise agreed to by the Parties. The County 

currently uses 25.13 EQR for purposes of calculating sewer service fees at the Airport 

Property, and 32 EQR for other County accounts. Gypsum agrees that sewer service tap 

fees for the current use have been paid by the County pursuant to previous agreements or 

waived by Gypsum. For additional sewer service over and above the 25.13 EQR and 32 

EQR, the County or its lessees shall pay Gypsum's sewer tap fees for all future service 

capacity based on the sewer tap fee structure specified by the Code at the time of building 

permit application. The current Gypsum sewer tap fee is $7,000.00 per EQR. The 

County (and its lessees) may pay for its additional sewer service EQR at annexation (for 

later credit), at building permit, or upon the three year periodic assessment specified in 

the 2004 Agreement for water service at the then applicable fee. Any County lessee's 

shall be required to calculate and pay for applicable EQR at the time of building permit or 

connection (whichever is first) at the then-applicable tap fee for the number of EQRs to 

be developed under that building permit. 

C. Installation Costs. The County shall install all service lines, stubouts, main lines and necessary Required Improvements and facilities within the Airport 

Property at County's ·sole cost and expense, or as otherwise agreed upon by the parties. 

D. Conveyance. All sewer lines and related Required Improvements 

constmcted pursuant to this Agreement except service lines and Required Improvements 

related to individual sewer service, shall be conveyed to Gypsum upon completion of 

constmction. Prior to conveyance, which shall be made free and clear of all liens and 

encumbrances, the County agrees to provide reproducible mylar as-built drawings and 

AutoCAD drawing data on disc to Gypsum, easements for all sewer lines and facilities in 

scope and form reasonably acceptable to Gypsum, an assignment of all material and labor 

warranties and certification by a Colorado professional engineer that such facilities have 

been built in accordance with the Gypsum Municipal Code and related standards and are 

in proper condition. The requirements of the Code, for acceptance by Gypsum of any 

sewer main lines or Required Improvements shall be met prior to Gypsum providing 

service to any of the lines or Required Improvements. 

E. Annexation Sewer Fee. Gypsum shall be required to plan and 

implement new wastewater treatment facilities to accommodate annexing all uses over 

that which have been previously approved and annexed in the town. To accommodate 

any additional sewer service for County lessees, an annexation sewer fee is required for 

this anticipated infrastructure. Because the parties agreed to annex the County's facilities 

previously, the County is not responsible for this fee. However, any County lessees shall 

be required to pay Gypsum $700 per EQR as an annexation sewer fee, due at building 

permit or at connection to sewer services, whichever occurs first. 

F. Airport Area Sewer Service Fee, Gypsum is required to collect 

cost recovery fees for the sewer lines extended by a previous developer to the airport area. 

The fee varies depending on where the connection point is made. To the extent <my new 

connections at the Property are made, the current airport area sewer service fee shall be 

C:\Documcnts and Settings\blrcu\Local Settings\Temporary Internet Filcs\Content.Outlook\ND9UET08\Supplemental IGA FINAL 6-

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SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

PAGES 

paid by the County or its lessee, at building permit or connection, whichever occurs first, 

unless otherwise waived or agreed upon in writing by the Parties. 

G. Total EQR. This Supplemental IGA allows for sewer service for 

up to a total of 112 EQR by the County, and up to 70 EQR by County lessees. Upon full 

service of 112 EQR to the County, or 70 EQR to County lessees, the parties agree to 

update this Supplemental Agreement. 

3. Irrigation and Other Exterior Water Uses 

A. Irrigation use on the Airport Property. The 2004 Agreement explicitly 

barred the use of treated water delivered by Gypsum from use on the Airport Property for 

outside irrigation purposes. The parties reaffirm this concept and agree to work 

cooperatively to ensure appropriate raw water is available for the County's irrigation on 

the annexed property. 

4. Changes to Projected Water Service to the Annexation Property and/or for 

Additional Irrigation Prior to Completion of the Annexation 

If the planned water use projected by the Master 1041 Permit changes so that more 

potable water will be used on the Annexation Property at any time before the Annexation 

Agreement is executed, the County shall satisfy the resulting additional tap fees, 

connection charges, and dedication requirements as provided by the Code. In no event 

shall Gypsum be required to repay any fees or reconvey any dedicated water rights. 

5. Water Use by the National Guard 

This Supplemental Agreement provides that the parties anticipate that the National Guard 

will use up to 44 EQR on the property leased by the County to the National Guard. The 

National Guard shall be responsible for its use of 44 EQR separately and in addition to 

this Supplemental Agreement, the County agrees work with Gypsum to secure agreement 

with the National Guard on all water and sewer service fees. 

6. Supplemental Only 

This Supplemental Agreement is intended to supplement the 2004 Agreement, so that the 

provisions addressing the lease back of the Priority 48A Water Right, the County's Farm 

Ground and Pasture Lease, Breach and Remedies, Notices, etc. shall remain intact and 

effective, except for paragraph 6 in the 2004 Agreement as noted above. In case of 

conflict between any provision of the 2004 Agreement and this Supplemental Agreement, 

this Supplemental Agreement shall govern. 

WHEREFORE, the parties have executed this Supplemental Intergovernmental 

Agreement effective on the day and year first set forth above. 

C:\Documents and Settings\btrcu\Local Settings\ Temporary Internet Filcs\Content.Outlook\ND9UHT08\Supplemental IGA PINAL 6-

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SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

PAGE9 

COUNTY OF 

COLORADO 

EAGLE, STATE OF 

By and through its BOARD OF COUNTY 

COMMISSIONERS 

Attest: 

Clerk to the Board of County Com 

TOWN OF GYPSUM 

B~~ Steve Carver, Mayor 

By,~~~~~~~~~~ 

Danette Schlegel 

Town Clerk, Town of Gypsum 

STATE OF COLORADO ) 

) ss: 

COUNTY OF EAGLE ) 

Subscribed and sworn to before me thisL$dday of~, 2010 by 

Chairman of the Eagle County Board of County Copiz¥oners. 

Witness my hlmd and official seal. 

My Commission expires /.d-/a h .. oi 0 . I I 

NANCY R. WRIGHT 

NOTARY PUBLIC 

STATE OF COLORADO 

My Commillslon Expirea 1211812010 

Sara J. Fisher, as 

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30-IO.doc 
SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT 

EAGLE COUNTY, GYPSUM 

PAGEIO 

STATE OF COLORADO ) 

) ss: 

COUNTY OF EAGLE ) 

Subscribed and sworn to before me this /"3 day of.~, 2010 by Steve Carver, as 

Mayer of the Town of Gypsum. -

Witness my hand and official seal. 

My Commission expires 3 · I';) ··· \ ,.;;J 

C:\Documcnls and Settings\btreu\Local Settings\Tcmporary Internet Files\Conlcnl.Outlook\ND9UET08\Supplcmental IGA FINAL 6-

30-10.(\oc 
PARCELl 

A parcel of land located in Sections 2, 3, 4, and 9, Township 5 South, Range 85 

West of the Sixth Principal Meridian, Town of Gypsum, Eagle County, Colorado 

being more particularly described by metes and bounds as follows: 

Beginning at a point being the Southeast Corner of the Eagle County 

Maintenance Service Center, according to the Amended Exemption Plat thereof, 

as recorded October 20, 1999 as Reception No. 712446; thence N00"09'30"E, 

1282.80 feet to Angle Point 1 of Tract No. 66 also being the Southeast Corner of 

the Longview Subdivision according to the Plat thereof as recorded December 27, 

1971; thence along the South boundary of said Lot 1 S89"53'27"W, 340.66 feet; 

thence 490.42 feet along the arc of a curve to the left having a radius of 700.00 feet 

and a central angle of 40"08'31" the chord of which bears N42"01'07"E, 480.46 feet 

to the North boundary of said Lot 1; thence N83"06'37"E, 20.21 feet, to the 

northeast corner of said Lot l;thence departing said Lot 1 Boundary and along 

the West line of Tract 62 N 01 "08'09" W, 4.58 feet to the Southwest corner of 

Lelunann Parcel according to the Annexation plat thereof recorded at Reception 

No. 200617642; thence departing the West line of said Tract 62 and along the 

South lines of said Lehmann Parcel N 81 "50'25" E, 3616.85 feet to the Southeast 

corner of said Lehmann Parcel; thence along the easterly boundary of said 

Lelunann Parcel, and the easterly and southerly boundary of Gypsum Airpark 

LLC, DBA Gypsum Commercial Park, as recorded at Reception No. 609362 the 

following four (4) courses and distances: 

1) N 01 "49'43" E, 576.43 feet; 

2) S 88"10'31" E, 61.45 feet; 

3) N 72"24'56" E, 569.20 feet; 

4) S 89"08'06" E, 285.75 feet; thence departing said southerly line of Gypsum 

Airpark LLC, DBA Gypsum Commercial Park, continueS 89"08'06" E, 1785.68 

feet; thence N 00"51'00" E, 200.00 feet; thence S 89"09'00" E, 1962.68 feet; thence 

S 00"44'07" W, 200.00 feet; thence S 89"09'21" E, 213.88 feet; thence S 70"31'00" E, 

327.11 feet to a point on the 2-1line of Tract 56; thence along said line N 89"06'30" 

E, 479.92 feet to Corner 1 of said Tract 56 and Corner 4 of Tract 55; thence along 

the 4-5line of said Tract 55, N 00"11'54" W, 331.44 feet to the Northwest corner of 

that parcel of land described in Book 433 at Page 775; thence along the North line 

of said parcelS 81 "24'27" E, 1719.38 feet to the Northeast corner of said parcel; 

thence continueS 81 "24'27" E, 25.24 feet to the Northwest corner of Hoffman 

Exemption Plat according to the plat thereof recmded in Book 682 at Page 812; 

thence along the West boundary of said plat the following three (3) courses and 

distances: 

1) S00"48'16"W, 973.02 feet; 

2) 66.92 feet along the arc of a curve to the right having a radius of 85.03 feet, a 

central angle of 45"05'54" and a chord which bears S23°21'02"W, 65.21 feet; 

EXHIBIT 

I A 
3) S 00°48'16"W, 183.50 feet, to the Northern boundary of those lands described in 

the Eagle County Airport Annexation to the Town of Gypsum, according to the 

Annexation Map thereof as recorded February 6, 199,7 as Reception No. 614097; 

thence along said Northern boundary 881 °50'29"W, 8852.25 feet; thence 

S00°00'00"E, 6.53 feet to the North boundary of the Cooley Mesa Road 

Annexation to the Town of Gypsum, recorded February 6, 1997 as reception No. 

614098; thence along said Northern boundary the following eighteen (18) 

courses: 

1) 424.73 feet along the arc of a curve to the left having a radius of 1939.86 feet 

and a central angle of 12°32'41" the chord of which bears S77°14'29"W, 423.88 

feet; 

2) S70°20'49"W, 47.12 feet; 

3) S69°21'30"W, 50.40 feet; 

4) S68°49'26"W, 50.16feet; 

5) S68°43'47"W, 3.33 feet; 

6) S68°43'26"W, 199.69 feet; 

7) S68°50'49"W, 46.74 feet; 

8) S69°37'20"W, 49.37 feet; 

9) S7r14'17"W, 49.27 feet; 

1 0) S72°24'15"W, 2. 70 feet; 

11) 266.75 feet along the arc of a curve to the right having a radius of 1115.92 feet 

and a central angle of 13°41'46" the chord of which bears S79°19'23"W, 266.12 

feet; 

12) S86°43'16"W, 22.37 feet; 

13) S88°09'25"W, 49.29 feet; 

14) S89°26'23"W, 49.55 feet; 

15) S89°53'24"W, 26.98 feet; 

16) S00°04'17"E, 7. 70 feet; 

17) S89°27'21"W, 570.79 feet; 

18) N89°20'56"W, 302.03 feet to the Point of Beginning. 

Containing 452.2 acres of land more or less. 
PARCEL2 

A parcel of land being a portion of Tract 54, Township 5 South, Range 85 West of 

the 6th Principal Meridian, County of Eagle, State of Colorado, more particularly 

described as follows: 

Beghming at a point being angle point 2 of said Tract 54, thence along the north 

line of said Tract 54, S89°08'13"E, 714.26 feet to a point, being the northeast corner 

of Parcel A, Greenman Exemption Plat, as recorded April28, 1989 at Reception 

No. 401473, in the Office of the Eagle County Clerk and Recorder; thence 

departing said Tract line and along the southeast boundary of said Parcel A the 

following 7 courses: 

1) S47"51'36"W, 425.84 feet; 

2) S42"08'24"E, 50.00 feet; 

3) S47°51'36"W, 200.00 feet; 

4) N42°08'24"W, 50.00 feet; 

5) S47°51'38"W, 137.21 feet; 

6) S49°08'07"W, 156.51 feet; 

7) 37.64 feet along the arc of a curve to the right having a radius of 1245.92 feet, 

an central angle of 01 °43'51", and a chord which bears S53°28'32"W, 37.63 feet to 

the westerly line of said Tract 54; thence along said westerly line of Tract 54 

N00°01'12"E, 647.52 feet to the Point of Beginning, 

Excepting therefrom: i) that portion of the Cooley Mesa Road right of way 

defined in the Cooley Mesa Road Annexation as recorded in the Eagle County 

Clerk and Recorder's Office as Reception No. 614098 and, 

ii) that portion of those lands defined as Eagle County Airport Annexation to the 

Town of Gypsum as recorded at Reception No. 614097 in the Office of the Eagle 

County Clerk and Recorder, County of Eagle, State of Colorado. 

Containing 3.52 acres more or less. 
PARCELS 

A Parcel of land, located in Tract 60, Section 3 and 10, T5S, R85W, 6th P.M., 

County of Eagle, State of Colorado, according to the Independent Resurvey 

thereof as accepted by the General Land Office June 6,1923, also being northerly 

of and adjacent to the Cooley Mesa Road, said parcel being more specifically 

described as follows: 

Commencing at the monument marking the witness corner to angle point 3 of 

tract 57 from which angle point 2 Tract 54 bears N71 °44'56"E, 4175.85 feet; thence 

S89°04'54"W, 30.01 feet to the true Point of Beginning being the southeast corner 

of the "Nunn Property" as defined in the Nunn Pxoperly, Land Survey Plat as 

deposited in Book 001 at Page 660 in the Eagle County, Colorado, Land Survey 

Plat depository; thence S89°04'54"W, 295.23 feet along the northerly boundary of 

the Cooley Mesa Road right of way, thence N00°21'00"E, 295.16 feet, thence 

N89°04'54"E, 295.23 feet, thence SOOo21'00"W, 295.16 feet to the point to the point 

of beginning. · 

Containing 2.00 acres more or less 
PATRICK I MILLER I KROPF 

Attomeys at Law www. waterlaw. com 

Ramser L Kropf" 

sh,wcholdcr 

lmlpf@v.-•Ut·l-bw.com 

rcpl~ to :\:>pt·n \'fliL'L' 

h-bin ( )ffi~·~.-·: 

730 E. Dur.tnt Avenue 

Suit~ 200 

Aspen, CO 81611 

r. 970.920.1 o2s 

F. 970.925.6847 

D~.-·n\'(:r Offin·: 

999 18th Street 

30th Floor 

Denver, CO 80102 

T. 303.893.9700 

1-. 303.893.7900 

Pho.:nix Offi~.:t·: 

2415 E. Caruelback 

Suire 700 

Phoenix, AZ 85016 

T. 480.921.4044 

1'. 480.921.8688 

'l'ul•'hl t1ffic~:: 

7633 E. 63rd Pb:e 

Suite 300-18 

Tulsa, OK 74133 

T. 918.45?.4634 

L ?70.925.6847 

MEMO 

TO: Bryan Tren, Eagle County Attorney's Office 

CC: 

FROM: 

JeffShroll, Lana Gallegos, Town of Gypsum; Tom Zancanella 

Ramsey L. Kropf, Patrick Miller and Kropf, P.C. 

DATE: May 21,2009 

RE: Eagle County 1041, EQR Reassessment 

********************************************************** 

Determining EOR. A table comparing the EQR evaluation fi·om the 2004 IGA, 

and the EQR current reassessment is shown below. The 2004 IGA (Exhibit B) used 

pure peak month information to determine total EQR. Using peak flow is 

appropriate, because the Town is required to provide peak water and wastewater 

flows during months when peak use occurs. In addition, as the airport grows, this 

gives the town a buffer, because the peaks will generally increase. Zancanella and 

Associates updated its last assessment1 from that provided to Eagle County in 

Lana's April 24, 2009 memo. The updated analysis reviews the airport's peak uses 

in the exact same way that the County and Gypsum previously agreed upon for the 

2004IGA. 

The peak is derived from reviewing monthly and annual metered use at the terminal 

and the AARF facility (only) over the last four year period. These peaks are not 

based on irrigation, as was the issue in the past. Rather, we surmise that the peaks 

are based on the winter enplanements, which are seasonal to be certain, and reflect 

growth over the last few years, particularly during ski season. 

However, the peak month in March 2006, for 406,000 gallons appears to be an 

outlier, and we note lower peaks in the other years in the reassessment period. 

Based on this, we have updated the EQR analysis using the peak. month ofFebmary 

2007 for the reassessment. If in the next three years, the peaks indicate that the 

359,000 was not indicative for peak demand, then the Town will communicate and 

adjust EQRs with the county as necessary. 

Based on metered use, the peak months can be summarized on the following table: 

1 The analysis provided by Zancanella & Associates for the April 24 letter looked at the gallons 

broken down at several different meters, and then "averaged" the 2-4 months in 2005, 2006, 2007 

and 2008 to come up with a average for just those uses at the terminal, and then assigned a straight 

5.0 EQR to the AARF facility, and I EQR each to the County's other two buildings. That analysis 

provided a slightly higher EQR calculation, and therefore, Zancanella & Associates revised to match 

the 2004 Agreement analysis, which is simpler. However, it is still a peak flow analysis. 

a professionaf corporation EXHIBIT W:\GYPSUM\37 i (2) Eagly County 1041\Memos\MemoShrol\ EQR Delermination 5-20-09.doc 2 
I'AIRICK i MIUI:R I KROI'I 

Bryan Treu, Eagle County Attorney 

Page 2 

May 21,2009 

Year Peak Months 

2005 Jan 

Feb 

March 

Dec 

2006 Feb 

March 

2007 Jan 

Feb 

March 

Dec 

2008 Jan 

Feb 

March 

Total Monthly Diversions in eallons 

298,000 

282,000 

330,000 

249,000 

335,000 

409,000 

340,000 

359,000 

327,000 

229,000 

284,000 

293,000 

.273,000 

Determining EQR Prepaid Status. Gypsum's code section 13.08.060, provides that one 

EQR is assigned where average monthly peak water demand is equal to 15,000 gallons. For 

the 2004 IGA, we used the highest peak gallons metered in the three year period for 

determining EQR, divided that by 15,000 per EQR. For the reassessment, we did the same 

calculation, but used the second highest peak month and the result is shown below. 

Peak Flow Total Divide Peak Flow by 15,000 Add 5o/o per 2004 

Metered Diversions in gallons per EQR = EQRs IGA 

Gallons Currently Beine Used 

20041GA March2003 20.53 EQR 21.56 EQR 

308,000 gallons 

2009 Reassessment February 20067 23.93 EQR 25.13 EQR 

359,000 gallons 

Therefore, the remaining fee credits that Eagle County still has available from the 2004 IGA 

are applied against the increased EQR as follows: 

Water Service Tap Water Right 

]fee in EQR Dedication 

2004 IGA Total Credit to Eagle County + 23.83 + 25.60 

20041GA Uses <21.56> <21.56> 

20041GA Remaining Credit 2.27 4.04 

2009 Assessment 25.13 25.13 

Less amount from 2004 IGA <21.56> <21.56> 

Increased Use in EQR 3.57 3.57 

Subtract remaining_Credit <2.27> <4.04> 

Balance of EQR Due to Gypsum, or 1.3 <0.47> 

remaining credit (shown in < >) to for Eagle 

County 

Current Fee Rate at Gypsum $6,000 $7,000 

Total Fee due $7,800 n/a 

W:\GYPSUM\37 i (2) EaglyCounty 1041\Mcmos\MemoShroll EQR Determination 5-20-09.doc 
l'ATIZICK llv11 U l:R i KROI'F 

Btyan Treu, Eagle County Attorney 

Page 3 

May 21, 2009 

Please note that the 2004 IGA did not address wastewater flows, however, the agreement does note 

that the same EQR calculations apply. Therefore, additional fees for the additional 3.57 EQR of 

wastewater use would be calculated at the $7,000 per EQR fee, for $24,990. It is my understanding 

from talking to Tom Zancanella, that the airport's peale flow demands for wastewater are particularly 

significant in the peak winter months, leading to various requirements for infrastructure 

improvements. 

Finally, this review has prompted Gypsum to review its billing to Eagle County. We will update you 

with this information as well once all of it is summarized. 

Thank you and please feel free to call with any questions. 

W:\GYPSUM\37 i (2) EnglyCounty 1041\Mcmos\MemoShroll EQR Determination 5-20-09.doc 
P.O. Box 1908 

1 011 Grand Avenue 

Glenwood Springs, 

co 81602 

Jeff Shroll 

Town of Gypsum 

P. 0. Box 130 

Gypsum, CO 81637 

Dear Jeff: 

November 13, 2009 

(970) 945·5700 

(970) 945·1253 Fax 

At your request, Zancanella & Associates has worked with Eagle County and their water 

engineer, Bill Lorah, to evaluate the long term water resource needs for the 1041 review 

process. The County has numerous facilities at the Airport, most of which have been 

identified on the Airport Layout Plan prepared by Jriation dated January 2, 2008. We 

have reviewed the map and its summary prepared by WWE contained in Table 1. 

Wright Water also provided an estimate of the future enplanements and projected EQRs 

shown in Table 2. We have reviewed this analysis and believe it to be a reasonable 

projection. 

It is our understanding that Eagle County will be responsible for water rights dedication, 

water and sewer tap fees for those facilities that are controlled by Eagle County. 

Additionally, other facilities are separate from Eagle County operation but are located on 

Airport property proposed for the annexation. Still other facilities require no water or 

sewer services. 

We have taken the original Table 1 and have reorganized the 37 items so that they can 

be addressed separately. (There were 36 facilities originally identified. In addition, we 

have added the Women's Resource Center to complete Table 1 and make it 

comprehensive to the County facilities.) We used Eagle County's information and 

created Tables 2R, 3R, 4R and 5R, which break out the different accounts. Table 2R 

lists the facilities that the County considers to be part of the over all fixed base operation 

and the services are based on the number of enplanements that are likely to occur now 

and in the future. For long term planning purposes, we would suggest that the Town 

approve up to 80 EQRs of future use projected through 2060, as shown in Table 2R 

under this 1041 review. To allow the County some flexibility 

in their future use, the 80 EQRs can be cumulatively used for domestic purposes. 

Commercial or industrial uses that consume more than 5% of the water diverted would 

need to be evaluated on a case by case basis, but the upper limit of 80 EQR would 

apply. 

EXHIBIT 

I C, 
Table 3R lists separate Eagle County facilities that will be evaluated on a separate 

individual basis. Metered water uses will be tabulated on an individual basis for these 

facilities. Echo Ranch or the Women's Resource Center water use has been currently 

diverting 2 EQR. We believe that these facilities were grandfathered into the Town 

based on 1 EQR. The Eagle County maintenance facilities are currently operating 

within an original water services contract for 30.69 EQR for water and 24.69 EQR for 

sewer (sewer was reduced by 6 EQR of irrigation use Appendix A). The County has 

indicated that this facility may experience moderate expansion in the future. We 

proposed to allow up to 32 EQR maximum at these facilities as part of the scope of this 

1041 review. 

Table 4R is a tabulation of the facilities that are located on Eagle County property, but 

are not the responsibility of Eagle County to provide water or sewer services. We 

proposed to handle these accounts on an individual basis with those water users during 

the annexation process These include the Colorado National Guard HAATS facility, the 

Vail Valley Jet Center and the Ghent rental car preparation facility. 

The HAATS facilities Colorado National Guard is a long range plan that is to be 

constructed in phases. We contacted the Colorado National Guard and they provided a 

total sanitary wastewater estimate based on a August 24, 2009 plan. We used this 

estimate to project a long term EQR count of 44 EQR. The Town has estimated one of 

their first phases at 19 EQR. The Colorado National Guard has no water resources for 

the dedication of water rights. We propose that Gypsum consider proposing an 

arrangement with Eagle County to make wet water available for the HAATS facility, and 

HAA TS can pay for it. The Colorado National Guard can be responsible for paying their 

own water and sewer tap fees at the time of construction, but it is unlikely that they will 

have wet water for dedication. 

The Vail Valley Jet Center is currently operating under a separate services agreement 

with the Town of Gypsum (Appendix B). They are currently operating within their EQR 

allotment of 21.8 EQR. 

The rental car preparation facility (Ghent Car Wash) is currently assigned 1.6 EQR and 

could be subject to reassessment of 3 to 4 EQR as the facilities have been expanded 

over the years to accommodate additional cars (Appendix C). 

We proposed to allow the service for Table 4R to be a maximum of 70 EQR. Under this 

1041 review, each facility would be evaluated on an individual basis because they are 

separate entities. 

Table 5R is a list of the remaining facilities that do not require water or sewer services. 

We have assumed that these facilities will remain without services in the future. We 

listed them to show in the future that they were reviewed. 
On May 21, 2009, Eagle County and the Town of Gypsum reached an agreement on 

the existing use at Eagle County Airport (Table 2R). It was agreed that the water use 

would be evaluated on a monthly peak demand basis divided by 15,000 gallons/EQR (a 

peak EQR allocation). This was done to access the peak loading on both the Town's 

water and wastewater system. We recommend that the only exception for the 

evaluation would be if it can be shown that the water peak use was caused by a system 

leak. Patrick, Miller & Kropf's memo of May 21, 2009 (Appendix D) summarizes the 

status of the remaining IGA credits. We have not reviewed any wastewater service 

agreement and are unaware that any exists. Generally, it appears that the 1996 

Annexation Agreement called for Eagle County to pay for any sewer taps fees, so we 

assume they did, however, perhaps the Town's records might clarify this? For the 

pending annexation, we propose that. the County should be responsible for all 

wastewater service tap fees and airport area dedication fees for all EQR. 

Finally, this 1041 review will allow Table 2R (80 EQR), Table 3R (32 EQR) and Table 

4R (70 EQR) for a total of approximately 182 EQR of services. 

If you have any questions, please contact our office at (970) 945-5700. 

Very truly yours, 

Zancanella & Associates, Inc. 

lk/lfM II ZMaa,rel!a 

Thomas A. Zancanella P.E. 

Attachments 

cc: Ramsey Kropf, Esq. 

Bill Lorah 

z:\93503\93503.11 airport annex\2009\shroll-eagle county 1041.doc 
Facility 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

TABLE 1 

Eagle County Regional Airport 

Facilities and Water Usage 

Facility Description 

Tenninal Buildin 

Vail Vall~ Jet Center 

Executive Ha_D_ger 

Fuel Farm 

Electrical Vault 

Air Traffic Control Tower 

County Storage Building 

Trailer (National Guard) 

Rental Car Preparation Facility 

Fuel Truck Shed 

High-Altitude Army Aviation Training Site (HAATS) Colorado Army 

National Guard 

Water StoragE? Tank (Und~IQ_Id_l)d) 

Intentionally Left Blank 

Ceilometer 

Automated Weather Observing System (AWOS) 

Airport Building Lease to Hertz 

Airport Rescue and Fire Fighting (ARFF)/Snow Removal Equipment 

(SRE) Building 

Fixed Base Operaic>r_(FBO_l_ 

Precision Approach Path lnd_icator (PAP!) 

Nondirectional Beacon (on Tower) 

Runway End Identifier hig~'lts (REIL) LiQhts 

Medium Intensity Approach Lighting Sytem with Runway Alignment 

Indicator Lights (MALSR) 

Distance Measure Equipment 

Medium lntens~ity Approach Lighting System (MALSF) Building 

Jones' Hanger 

Glide Slope 

Double Localizer Array 

Terminal BuildinQ-8/ Customs and !migration 

Bl-6 Radar Buildirlg_ 

Self Fueling Station 

Segmented Circle 

Glycol Stor_§_g_e Tank 

Multi Level Parking Structure 

Commuter Rail Terminal 

County Road and Bridqe Facility 

T-Hanger and Executive Hanger Development Area 

Existing or 

fillure 

E ~ (E)(E)_ 

(E) 

(E) 

(E) 

(E) 

(E) 

{E)( F) 

(E) 

(E)(F) (~_ E) 

(E) 

(E) 

E) 

F 

E) 

E) 

E) 

(E)(F) 

(E) 

_lE)(F) 

(E) 

(E) 

(E) 

(E)(F) 

(E)( F) 

(9_ 

(E) 

(E) 

(E2 

(F) 

(E) 

(F) 

Future Potable Water 

Use (Yes or Nol 

Yes 

Yes 

Yes 

No 

No 

Yes 

No 

No 

Yes 

No 

Yes 

No 

No 

No 

No 

No 

Yes 

Yes 

No 

No 

No 

No 

No 

No 

Yes 

No 

No 

Yes 

No 

No 

No 

Yes 

No 

Yes 

Yes 

Yes 

Note: Identification of facility areas are from the Airport Layout Plan prepared by Jviation dated January 2, 2008. 

\ \Biangenhuize-pc\z\ WWE\861-003\ 190bll\ 

Domestic Water Demand 2009 

Wright Water Engineers, Inc. 

October 12, 2009 

Entity Resp

Contract wit

Ea

Valley V

Eag

Eag

Eag

Eag

E§l

Eag

E§fl

Eag

Eag
\ \Blangen h uize-pc\z\ \NWE\861-003\ 190bll\ 

Airport Deplanements 

TABLE 2 

Eagle County Airport 1041 Application 

Annual Passenger Totals and Estimated Water Demand (EQR) 

Year De[!lanements En[!lanements Total Passengers EQR 

1999 180,232 173,241 353,473 18 

2000 195,882 188,745 384,627 19 2001 169,108 169,826 338,934 17 

2002 172,348 171,182 343,530 17 

2003 173,164 170,601 343,765 17 

2004 199,381 193,717 393,098 20 

2005 215,903 215,464 431,367 22 

2006 219,903 218,105 438,008 22 2007 229,415 232,250 461,665 23 

2008 215,971 214,715 430,686 22 2010 452,489 23 2015 511,950 26 2020 579,225 29 

2030 741,457 37 

2040 949,127 47 2050 1,214,963 61 

2060 1,555,256 78 

Notes: 

1) Data from 1999-2008 provided by Chris Anderson, terminal manager for the Eagle County A

2) Average growth from 1999-2008 was 2.5% 

3) Estimated passenger from 2010-2030 based on 2.5% growth beginning from 2008 

4) EQR equivalents based on 1 EQR serving 20,000 passengers. 

Wright Water Engineers, Inc. 

October 12, 2009 
Eagle County R1.1glonnl Airport 

Fncllitles and Water Usnge 

Table 2R 

Eagle founty 20_()_~ 1041 Review (Combined 21.56 2009 ) 

Facility Description ''I''"' Facility Future Potable Water I I 

!'JJli!!< Uso /Yes or No! I 2()()9 EQRs 

I I I 

; 

I 

17 ' II I 3 ana j ll I I (E) y,, 200fl I 25.13 EQR I 

I I I I I 

I I I ; I I I 

I 

Table 3R 

1= ....... ., County 2009 1041 Review (S1 I em;; aCCOUnts 2009) 

I I 

I ' 

I ' Table 4R 

Eagle r.nunty 2009 1041 Review \ v ... .,,. 2o09) 

' I I IN;,, II G"' d .. · ; ' I' (HAATS)I (E)(F) y,. 1 

II II II ' I I I 

Table 5R 

l=<>nloCo•"'*'' 2009 1041 Review (no utili!Y_ servicesrequired) I 

I 

II I 

I I 

I 

I II I 

I g 

I I I 

I I 

Ill~ 

22 1~:~:~. Y ""'"m'"' (E)(F) No •IMALSR) 

I ; II 

II 

I I 

I ' I II 1•1 I 

Nota: ld9ntiflca\lon of facility arEms are from the Airport Layout Plar1 prepared by Jviallon dated January 2, 2008. 

• Excluded from original acoour~ting 

•• Eagla County to be responsible for WElter Dedication/ HMTs for Tap fees 

Z:\93503\9:3500.11 Ai~>orl Anll&x\2009\j{!411 

<009 Eagle Collnly 1041 Wolor """ la7. 

z,,ncane!la Assoclotos. 

NovQmberO, ~009 

NA 

Allowed Under 

Master 1041 

Cum of 81) EQR 

Cum of32 EQR 

44 

Preparod By: TAZ 
Appendix A 
. ~ .. 

·-

ADDENDUM TO THE JN'IERGOVERNMENI'AL 

AGREEMENT DATED FEBRUAR.Y9, 1999 

REGARDING JULES DRIVE EXTENSION AND THE EAGLE COUNTY 

JOINT VEHICLE MAlNTENANCE CENTER 

This Addendll!ll is entered into this-;.. 7 day of April, 1999, by and between Eagle 

County, Colorado, a body politic ("County'~, and the Town of Gypsum, Colorado, a home rule 

municipality organized under Article XX of the Colorado Constitution (''Town"). · 

WHEREAS, the County and Town entered into, on. or about Februm:y 9, 1999, an 

Intergovernmental Agreem~mt ("lOA'') regarding the extension of Jules Drive and the Eagle 

County Joint Vehicle Maintenance Center; and 

WHEREAS, the IGA provided for certain actions to take place within tbirty days of the 

execution of the rGA and further provided that ifthose actions did not occur the IGA would be 

ofn.o further force and effect, and the parties would ba released from all obligations contained in 

tbe!GA; and 

WHEREAS, the IGA called for tlle Town and the CoWlty to eo.ter an Implementation 

Agreement containing numerous provisions speci:fi.ed in Section C of the !GA. 

NOW, TilEREFORE, in consideration of mutual co'lenants and obligations provided in 

the originallGA as modified by 'dris addendum, the sufficiency of'whlc::h is hereby 

acknowledged, the Town and the County agree as follows: 

l. .. NON TERMINATION. Upon the execution of 1hls Adde.ndUDJ, the original 

IGA, as modified by the Addendum, shall be in full force and effect, C=gardless of the date of 

tbe ex:ecutio.n of the addendum by the Town and the County); it shall be considered that all acts 

that were required to take place within thirty days of the execution of the IGA occurred in a' 

timely rnllllD.er. 

2. S"PRING CREEK DRAINAGE IMPROVEMENTS. The design oftbe Spring 

Creelc Drainage improvements provided for in paragraph J:!.2 of' the IGA has been provided by 

the Co1.l!lty aod a.greed to by the Town as requiTed by the lGA tllld j:hrl approved design is 

con'tllined i.n Exhibit A attached hereto. 

3. ,TITLES DRIVE 'EXTE"f\lSION. Final design of Jules Drive E:x:teruJion has been 

agre~d to by Town and County as provided tbr in paragraph B.4 offue IGA, .and is contained in 

Exhibit B attacli.ed hereto .. 
•• ' .. ~ 

4. IMPLEMENTATION. It is the intention of the parties that this addendum 

serve as the Implementation Agreement required by the original IGA. 

' 

a. CONVEYANCE Of' TI-lE AIRPORT RIGHT-OF-WA YPROPERTY TO THE 

TO'WN. The County, upon 14 days notice in writing, shall deliver a deed in the 

fonn set forth in the attached Exhibit C of right for an el..'tension of Jules Drive. 

At the time of delivery of the deed, the Town shall deliver to the County, ' 

$ 125,463.00 in cash or ~rtified funds as payment for the right of way. The 

Town must request a deed within five years of the date oftbis addendum. 'This 

-~-----__;requirement.!s.subject.to.:the.proldsions..of-pmagraphJ-Df_the.IGA .. ____ . ___ _ 

ATTEST: 

b. SPRING CREEK DRAINAGE IMPROVEMENTS; The improvement to the 

clrainage system contemplated by paragraph B.2 ofthe IGA a.nd required of the 

County shall be built within five years a.nd three months of the signing ofthis. 

addendum subject to the requltements of paragraph D.7. of the !GA. The Town 

shall require those lll:lne:ci.ng into the Town to maintain the historic flow capacity 

of the Spring Creek Drninage to allow for the :flows to be conveyed by the 

County's Spring Creek Drainage imp~ovements. 

c. ADDmONAL PAYMENTS TO GYPSUM. Further payments reqtrlred for Joint . 

Vehicle Maintenance Facility shall be paid to the Town after approval of the 

Subdivision Exemption Application and prior to any certificate of occupancy or 

temporary certificate' of occupancy for the Joint Vehicle Maintenance Facility by 

the Town. The following fees will be calculated and levied pursUJmt to the> 

adopted requirements and formulas in the Town's adopted and current codes and 

regulations: water tap fees, sewer tap fees, road impact fees, fee in lieu of water 

rights dedication, building pennit fees (including plumbing, m.c:chanical, and 

eloctr.ic:al), the Airport Gateway water surcharge, Subdivision review fees by 

Town consultants. 

TOWN OF GYPSUM 

By:~---­ Steve Carver, Mayer 

Gypsum Town Hall 

P. 0. Box JJO 

GyPsum, Colorado 81637 

~,~&tflL~u 1~<~- J=:v E1Mnge!', Town eierk 
ATTEST: 

COUNTY OF EAGLE, STATE OF 

COLORADO, By and Through Its 

BOARD OF COUNTY COMMlSSIONERS 
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Saller reserves to itself, its succassors.and assigns, for the 

use and benefit of the public an easement and rie-ht-of-way, 

appurtenant to the Eagle county Regional Airport, for so long as 

the County, and its successors and assigns 11tilize the airport for 

public a.ir traffic, for tile pasl!!age of all aircraft (!'aircraft:" 

being defined for the purposes of this instrument as any' device now 

known or hereafter invented, used,, or designated far navigation of ___ __;o.,.;r?:::c"':f='l="ight in the air) b..Y.: whomsoever owned. and opel:'ated, in the 

airspaqe above the surface ·of the Property toan -in:Ein:tl:e r1!ngnt 

abova the Property, together· with the right to cause a:nd create, 

and to permit and allow to be caused or created, in said airspace · (including that generated from outside the boundaries .. of the 

Property or of said airspace) such noise, vibration, current, 

fumes, dust, fuel particles, illumination, and all other effects 

that may be caused by or are inherent in the operation of aircraft 

landing at O:t" taking off from or operating at or on the Eagle 

County Regional Airport, including ground run-ups and testing of 

aircraft engines.. Seller, . for itself and ita successors and 

assigns, hereby waive, remise; and release any right or cause of 

action which be may have against Buyer, its successors and assigns, 

due to such noise, vibration, current, fumes, dust, fuel particles, illumination and other effects, provided that this waiver shall not 

operate to depl:'ive Seller, its successors or assigns, of any rights 

whiah it may from time to time have against any air carrier or 

private operator for negligent or unlawful operation of aircraftThe easement and right-of~way hereby reserved includes the 

continuing right in the Seller to prevent the erection or growth 

upon the Property of any building, structure, objects of natural 

growth or other object extending into the air apace above a height 

of 6530 feet above mean sea level, and to ·remove from said air 

space, or· at the sole option of the Seller, as an alternative, to marl~ and light as obstruction!!~ to air navigation, any such 

building; structure, object of natural growth or other object, now 

upon, or which in the future may be upon the Pxoperty, all of which 

shall be at the eX:pense of l3uye:r, its successors and assigns, 

together with the· right of reasonable ingress to, egress from, and 

passage over the Property for the above purposes. 

The easement and right-of-way hereby resez"Ved ~.noludes the 

right to regulate or prohibit the release into the a.ir of any 

substance which would impair . the visibility of or otherwise 

interfere with the operations of aircraft suah as, but not limited 

to, steam, dust and smoke, together with the right of reasonable 

ingress to, egress from, and passage over the Property for the 

above purposes. · 
. The easement and ;dght-of-way hereby reservad includes the 

right to·regulate or prohibit light emissions, either direct or 

reflective, w~ich might interfere with pilot vision or otherw~ee 

interfere with operations of the aixport, togethet.with the right of reasonable ing-ress to, egress from, and passage over the 

.Property for the. above purposes. ·. · 

'l'he easement and right-of~wa}; hereby reserve!:! includes the. 

right t.o regulate or prohibit electrical emissions which would 

interfere ·with aircraft communications systems or, aircraft 

navigational equipment, together with the right of 'reasonable 

ingress to, egress from, and passage over the Property for the 

above purposes. · 

'l'he easement and right-of-way hereby ~eserved also inqludes the right to regulate or prohibit any use of the Property whieh 

.would interfere with' landing or taking off of aircraft at ~e Eagle County Regional Aixport, or otherwise constitute an ai:t:po:r:t hazard, 

t9gether with the right of reasonable ingress to, egress from, and 

passage over the Property for the above purposes. 

Seller ~~ressly retains all water rights and ditch rights of 

any nat't!re ~d from any source which are appurtenant to the 

foregoing property. 

•. 

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. 

' 

J:NTERGOVERNll<IEN'J!.AL AGREEMENT RE 

JOLES DlUVE EXTENSION AND THE EAGL C~~ 

JO:tNT VEHICLE MAINTENANCJil CENTE ;,; tJ!J!y ' -..,.- f)/' 

· .. , :::c._,pyp 

This Agreement is entered into this ~ day· of -t \ ' (;. 

199!1, by and between Eagle County, Colorado, a body pol· ·· c, 

existing under and by virtue of the laws of. the State of Colorado 

("County"), and the Town of Gypsum, Colorado, a home-rule 

municipality organized under Article XX of the Colorado 

Constitution ("Town'') • 

WHEREAS, the 

Regional Airport 

("Airport"); and 

County 

and 

WITNESSETH 

owns and operates 

associated lands 

the 

and 

Eagle County 

improvements 

WHEREAS, portions of the Airport are located within the 

corporate boundaries of the Town; and 

WHEREAS, the Town is responsible .for the construction and' 

maintenance of the Town's street system pursuant to Section 43-2-

12~, C.R.S.; and 

WHEREAS, the Town desires to construct an extension of the 

Town's street system, to be known as the Jules Drive Extension, 

to mitigate impacts created by increased development in and · 

around the Town,· in the Gypsum Creek, Spring creek, and Alkali 

Cr:eelt Basins including increased development and use of the 

Airport; and 

WHEREAS, the Town desires ·to obtain a portion of the 1\..i.rport 

p:r·operty located west of the existing runway for construction of 

the ,Jules Drive Extension ("1\i.rpo:r:t Right-of-Way Property");· and 

WHEREAS, the Airport Right-of-Way Property wa.s originally 

'acquired by the County with funding· assis·tance from the Federal 

Aviation Administration ("FAA"); and 

WHEREAS, the County desires in the future to ex·tend the 

rtmway stop way on i:he west end of the existipg runway, and also 

e...:tend westwa.rd the runway protection zone; and 

WHEREAS, the Coun·ty desires to locate on Airport ·property, 

west of the proposed Jules Drive Ex·tension, the E\agle county Road 

and Bridge Department, and the Eagle County Eegional 
Transportation Authority 

Facility") , which will 

maintenance facility; and 

maintenance 

be adjacent 

facility 

to the 

("Maintenance 

existing Town 

WHEREAS, the Town has adopted, pursuant to Title 24, Article 

65.1; C. R. s. , an ordinance designaUng site · selectiot'l and 

expansion of airports as a matter of state interest, and has 

adopted provisions regulating such activities, including such 

activities as they relate to the Airport; and 

WHEREAS, prior to construction, purchase or authorization of 

Jules Drive acx.;oss unincor.porated ·portions of the County, th\i\ 

Town is required by Section 30-28-110, C. R·. S., to submit to the 

County the proposed location and extent of the project; and 

WHEREAS, prior to construction of the Maintenance Facility, 

the County is required by Section 31-23-209, C.R.S., to submit to 

the Town the proposed location, character, and extent of the 

project; and 

WHEREAS, resolution of. Jules Drive and Maintenance Facility 

issues by agreement will benefit the citizens and visitors of the 

County and Town by allowing construction of the Jules Drive 

EKtension in a mannsr that does not impair the County's proposed 

extension of the runway stop way and the runway protection zone, 

by correcting the Spring Creek drainage diversion, and by 

allowing construction and operation of the Maintenance Facility 

consistent with use and development of adjacent lands and the · 

Town's infrastJ:ucture capabilities; and 

WHEREAS, pursuant to Section 18 {2) (a) and (b) of Article 

XIV, and Section 2 of Article II, of the Colorado Constitution, 

and Section 29-1-203, C.R.S., the Town and the Coun·ty are 

authorized to cooperate and contract with each o·ther for any 

function, ·service, or facility lawfully authorized to each; and 

WHEREAS, pur·suant to Sedtion· 29-20-iOS (1), C.R.S., the Town 

·and the county are authorized and encouraged 

.contract with each other for the purP,ose 

regulating the cie'l'elo);lment of land; · 

to cooperate and 

of planning or 

NOW, TH~REFORE, in consideration of the mutual covenants and 

obligations provided herein, the aufficiency of which is hereby 

acknowledged, t)1e T01m and the County agx·ee as follows: 

2 
,• 

A. Maintenance Facility. 

1. ~l? Activity· of State Interest. The Town and 

the County agree that construction and operation 

of the Maintenance Facility is not .a regulated 

activity of state interest under· Chapters 20.06 

through 20. 09, Title 20 of the Gypsum Municipal 

Code, nor will Town attempt to regulate such 

facil,ity . under any ordinance adopted pursuant to 

the au·thorization of Title 24 Article 65.1 

Colorado Revised Statutes. · 

2, ~ocation, Character and E:ll:tent Applications. 

a. Prior to construction, the County shall 

submit an application to the Town. for the 

review of the proposed location, character, 

and extent of the Maintenance Facility 

project pursuant to Section 31~23-209, C.R.S. 

Such application shall meet the submittal 

requi:t;SJ:!lents· of a subdivision exemption 

pursuant· to Title 17 of the Gypsum Municipal 

Code, and as provided for in paragraph 3, 

hereof.. Upon submittal of a complete 

application, the Town shall consider and rule 

on such application pursuant to Title 17 of 

the G.ypsum Municipal Code. 

b. Prior to acqu:~.nng ·title, the Town shall 

submi·t an application to· the County f()r 

review of the proposed location and extent of 

that portion of the Jules Drive Ell:tension 

located within unincorporated areas of the 

County, pursuant ·to §30-28-110, C.R. S. Upon 

sub1nittal of a complete application, the 

County shall consider and rule on sttch 

applicati.on. 

3. S~:Lbdi v:Lsion and Zoning ApprovaL 

a. Unless· otherwise agreed to by the Town, prior 

to the use of the Ai:cport Property ;Eor the 

Maintenance Facility, the Cour,1;;y shall sub:mi·t 

f<)r th.e Town's consideration an application 

.for light industrial zoning. · 

3 
,. ' ; 

b. Onless otherwise agreed to by the Town, prior 

to any conveyance or development of any part 

of the Airport Property located w:Lthin .the 

Town, the County shall submit an application 

for subdivision exemption for Parcels A and B 

and .the proposed Jules Drive Extension, 

includin~ drainage easements, as generally 

depicted on the conceptual development plan 

attached hereto as Exhibit A and incorporated 

herein. 

c. The County's subdivision exemption 

application shall be based on the Town's 

subdivision exemption approval regulations 

contained in Title 17 of the Gypsum Municipal 

Code. Such application may be combined with 

the location, character and extent 

application referenced in paragraph A. 1 2,. 

and the zoning application referenced in 

pa:r.agraph .)\. 1 3. The Town shall · waive 

subdivi~ion exemption application submittal 

requireirients not relevant to . the area or 

application under consideration. 

d. As part of the Town's consideration and 

approval of the Coun·ty' s subcivision 

exemption application, the Town and the 

County shall agree to payment by the County · 

of transportation impact fees to offset the 

reasonable and appropriate impacts placed on 

the Town's transportation system from ·the 

development associated ·with the subdivision 

exemption. Such fees will be payable at the 

time of issuance of a building permit or 

permits for the structures contemplated by 

the subdivision exemption a'pproval. If 

additional land use or 'development, not 

contemplated in the original calculation of 

transportation impact fees is requested or 

:r:ealJ.zed, add:i. tional i:ranspo1:tat:ion impact 

:t;ees shall be agreed to and assessed p:dor to 

the Col1nty ·engaging in such additional land 

use or development. 

e. Should drainage improvements to Tenderfoot 

G~1lch associated with the Maintenance 

4 
··-~· 

Facility not be able to be shown.in detail in 

the subdivision exemption application 

'required by paragraph A. 3. b,, so as to 

all'ow adequate review by t,he Town, the Coul'l.ty 

shall submit an additional location and 

extent applicat~.on and application to amend. 

the subdivision exemption plat priot: to 

construction of such Tenderfoot Gulch 

drainage improvements. 

4·. Building Permits·. Following approval of the 

4. 

subdivision e·l':emption plat, and at least· f0rty~ 

five (45) days prior to submittal of applications 

fo.r building permits, the Cou11ty shall submit for 

the Town's approval, which shall not be 

unreasonably denied, detailed construction plans 

for all public improvements associated w.i. th the 

Maintenance Facility and exemption plat.· Such 

detailed construction plans shall be deemed 

awroved if no :response is given by the 'i:'own to 

the County w~th such forty-five (45) day period. 

' . 

Maintenance Facility Development Limitations. 

Construction of the Maintenance Facility shall be 

located on no mol:'e than 20 acres of ;Airport 

property and involve no more than 2 a.ccesses to 

Cooley Mesa Road, or the Jules Drive Extension, as 

depicted generally on Exhibit A attached hereto 

and incorporated herein. So long as it is 

operated for governmental .purposes, use of the 

Maintenance Facility shall be limited · to a 

maintenance facility for County Public Works, 

transportation and fleet maintenance services. If 

used for non-.governmental uses under a base lease 

granted to secure financing, use of the 

Maintenance. Facility shall be limited to uses 

allowed llnder the •rown' s light industriaL zon:l.ng 

as pJ:ovided for in the 1998 Master l?lan and Zoning 

Code of the Town. 

5, ·water and Sewer SeJ:vJ.ce. The Town shall 'provide 

water and sewer service to the Maintenance 

Fac:ility upon the County, at its sole c6st and 

~xpen.se, m;,eting all of t;he Town's requirements 

for: wa·te:r· and sewer service, including 

·.construction of main lines, paying water and sewe.r· 

5 
tap fees and service charges, and paying water 

dedication fees. 

B. ·Jules Drive Extension and Spring Creek Drainage 

Improvements. 

1. conveyance of Airport Right-of-Way Property. The 

County shall convey to the Town the Airport Rightof-Way Proper·ty for the construction o:ff the Jules 

Drive Extension, as approximately depicted and 

described em Exhibit B hereto, and incorporated 

herein, Design of the Jules Drive Extension shall 

provide for an eighty feet (80') wide right-ofway, inclusive of road surface, with associa·t.ed 

shoulders, side slopes, and drainage ditches. 

Jules Drive shall be located outside of the 

proposed extension of the runway protection zone, 

to extend 2,400 feet beyond the end of the 

e)tisting runway with a width of 1, 010 feet at the 

most westerly extension, cente~ed on the extended 

centerline of existing runway 7/25, and object 

free area, also as depicted on Exhibit B. 

2, Spring Creek Drainage Improvements. The County 

shall, at its sole cost, provide for carriage into 

th.e Spring Creek drainage located no)O'ttl of the 

Airport,. of water flows generated by s 100-year 

·storm event in the Spring Creek drainage, which 

flows would otherwise be diverted into the 

Tenderfoot Gulch drainage. Drainage improvements 

may involve construction of drainage improvemen·ts 

as part of the Jules Drive Extension, construc·tion 

of addi tiona1 culverts under Airport runways, or 

other improvements. J.f requested and paid for by 

the County, the Town's design and construction of 

the Jules Drive Extension, and acquisition of th<:' 

Airport Eight-of-Way Property from the county and 

o·ther private J.a.nds, sl1a.ll provide for 

construction of the ·necessary drainage 

improvements. Such construction and design m<ly 

include facilities construc·ted north of ·the 

Airport, and not associated with the Jules Drive 

Extension, necessary to convey such flows into 

Spring Creek in a manner rn.u't.ually agreed upon by 

the County and ·t:he ·.rown. 'J:he preliminary location 

and design of the improvements necessary to convey 

6 
such flows ("Spr:i.ng Creek Drainage Improvements") 

has not yet been sgreed upon. Such design shall 

be agreed to within thirty (30) days of execution 

of this agreement, and in any event prior to the 

final approval . of the subdivision exemption 

application for the Maintenance Facility The 

County shall design and construct any additional 

. drainage improvements ("Additional Spring Creek 

Drainage Improvements") necessary to convey suc::h 

flows to the Spring Creek Drainage Improvements. 

3. Jules Drive Extension Construction. 'l'he •:rown 

shall initially pay at its sole expense for the 

design and construc:ti.on of the Jules Drive 

Extension across the Airport, as well as to 

compensate the County, in cash or real property, 

at fair market value for the Airport Right-of-Way 

Property. It will be the County's obligation upon 

receipt of the compensation for the Airport Rightof-Way Property to reiniliurse as necessary the FAA 

for the property; such compensation may be in cash 

or real property. 

4. Final Design. Final design of the Jtlles Drive 

Extension, and 'the Spring Creek Drainage 

Improvements and the Additional Spring Creek 

Drainage Improvements. which are to be located · 

within the J'ules Drive Extension right-of-way, and 

location of the Airport Right-of-Way Property 

shall be agreed upon by the Town Engineer and an 

engineer designated by the County within thirty 

(30) days of execution of this Agreement. 

C. Implementation Agreement. The Town and the County 

shalJ. further define the terms of conveyance· of the 

Airport Right-of-Way Property to the Town; the 

acquisition, timing, amount, value,. and subsequent 

ownership of. the Airport. Right-of-Way Property; the 

de'sign and construction for the Jules ·Drive Extension, 

Sp:dng Creek Drainage Improvements, and Addi tiona! 

Spring Creelc Drainage Improvements, to be agreed to in 

a sepaJ:ate agreemen't or . as an addendmn to t.his 

Agreemer:.i:. Such separcrte agreement shall distriJ::,ute the 

various costs and values of ·the matters covered by this 

Ag.reement between the 1'own and County; and specify the 

cash payment, if any, ·to be made by one Party to t.he 

7 
'' 

other Party t-o balance such values. The Town and the 

County shall cooperate \<lith each other to request FAA 

financial assistance with all. eligible components of 

the project. No approvals of zoning, subdivision 

exemption, or location, character and extent shall be 

given for the Mdntenance Facility or the Jules Drive 

Extension prior to such agreement. lf the Town and 

County do not so agree to such terms within thirty (30) 

days of the execution of this Agreement, thi-s Agreement 

shall termina·te, be of no further force and effect, and 

the Town and County will be released of all obligation 

herein. 

D. General. 

1. Additional Actions. The Town and the County 

sha;l.l . execute such additional documents and 

agreements and to take any additional action 

necessax:y to carry out the intent of this 

Agreement. 

2. CaEtions. The caption of .the paragraphs set 

forth herein are only for convenience and 

reference, and are not intended in any way to 

define, limit, or describe the scope or intent of 

thi!3 Agreement. 

3. Assignment. This Agreement may not be assigned 

or delegated without wx:itten consent of the nonassigning party. 

4. Amendment. This Agreement repx:esents the entire 

agreement between the parties regarding the 

subject matter contained here:Ln. This Agreement 

may be amended only by an instrument in. writing 

signed by both the County and the Town. · 

5. ,Waiver of Breach. The waiver by eit.her party to 

this Agreement of a breach of any term or 

provision of ·this Agreement shall not operate or 

be construed as a waiver of any subsequent breach. 

6. §.pecific l:'erfo:r·mance. J.n addition to the 

remedies otherwise available, this Agreement may. 

be enforced by a decree of specific performance 

for breach. 

8 
'' 

' ' 

ATTEST 

7. Annual Appropriation. The financial obligation 

of the parties provided for in this agreement are 

subject to funds being appropriated, budgeted, and 

otherwise made available, and nothing in this 

agreement shall be deemed to create a multiple 

year fLscal obli.gation. 

::~--'--- Steve Carver, Mayor 

Gypsum Town Hall 

P.O. Box 130 

Gypsum, Colorado 81637 

COUNTY OF EAGLE, STATE OF 

COLORADO, By and Through Its 

BOARD OF COUN~~y COMMISSIONERS 
' . I 

·' ~· 

i 

i •• 

I t! 

I ll 

: > 

ii. 

~ 

~ .J 

" 

"'J 

41 

ll 

~ 

0 

.. 

.. 

~ ~ 

·" 

4·/·" 

~ ' ·c ..... ,,,,.,J~' l _._ F:J"" . . ' . ' .... __ , 
LOT 5 

LOT~ 

JULES DRIVE· 

AliGNMENT 5 

lOT 3 

~ ~ .... ..,....!-.. -· 

... """' . . . ..... --..... - . L ~ .... ..---? -··-·· 

±

• ___. .... ---..... I -~o-•"'*'*""~ .... ..... _ ....,_ .. -... n"' ....,.., • .-•• ·, 

~-··-·· I .. ..-·· ' 

"' ... .. 

'I'O'W:N OF 

GYPSUM 

JEflOME C':!AMBA &: ASSOCIATES, INC. COI!Wm~ I<!JilD~ 
• 

Oct-07-99 Ol,llP # 

P.O. EIOK 150B 

1005 Cvcpe1· Ave. 

tuonwood Sprlngo, 

co 81602 

970-945-1253 

Fax Cover Sheet 

To: 

Company: 

F'rom: 

Fax No: 

Pages: 

Date: 

Job#: 

RE: 

•• Jeff Shro!l 

Town of Gypsum 

Tom Zancanella . 

524·7522 

..!.. , Including this cover sheet (orlglnall!!ll!Jwlll not follow by mall) 

Qctpber 7. 1999 11 :OSPM\ 

Tap fees 

lnstruct!onefComments: 

Jeff. here's a copy of the letter sent to you October 1. 

Tom 

P.Ol 

(ll70) M5..S700 

{ll70) 8411-12113 Fex 

I 

If you nave arJ)' problems reooivlng this transmission of documenl(s). pleaee call (970) 945-5"100 
Oct-07-99 Ol,llP 9'70-945-1253 P.02 

P.O. St>X 190U 

1005 Coop•' Ave. 

Glenwood Sf)rlngo, 

co 811102' 

(970) 945-6700 

(1170) 946-1253 Fox 

Mr Jeff Shroll 

Town of Gypsum 

P. 0. Box 130 

Gypsum, CO 81637 

October 1, 1999 

RE: Eagle County Maintenance Facility 

Dear Jeff: 

At Chuck Feldman's request, listed below is our estimate of the proposed EQRs that will 

be needed to satisfy the tap fee requirements ar.d water dedication requirements for the 

new Eagle county Maintenance Facility. 

Building A 

>---·-· Square Footage EQRs Total EQRs 

Admin;stratlon 8891 7000 @1.0 1.0 

(2 tol!etr., 21ave Included; 1891 @.14 0.26 !------·- ·- Extra - 3 toilets @0 3 0,9 

I 

1 urinal @0.3 0.3 

21avs @0. 15 0"' .v 

2EWC @0.1 0.2 I 2 sinks @0. 15 i 0.3 2 kltc.hens sinks @0.15 

__ l. Subtotal 0.3 

3.56 ·--

Building B - -----~ ~·----·--

Fleet 

Maintenance · 6523 7000 sq. ft. 'l'in 

@1 .0. 2 toilets. 2 i .0 

lavs 

f-. ·-· ---·-1--·------

1 

E:Ktra 2 sinks @0. 15 0.3 

1 mop sink @0 15 c. 15 

2 urinals @0.3 06 

i i 4 toilets @0.3 1 2 

I 14 lavs @0. 15 I o.a 

4 showers @0.3 '12 

2 EWC @0.1 QJ;_ 

5.25 
oc·lo-07-99 01: llP 

970-945-1253 ' P.03 

-

~ ~_uilding C - Fleet 

r.·~- 27,436 8,000 1.0 

19.44@0.13 2.53 

xtra 2WCE@0.1 0.:2 

1 laundry @0.5 0.5 ! 

' 1 wash bay @3.0 3.0 

(recycling 

Subtotal 7.23 

-- I 

Building 0 

- l1.0 Bus Storage 20,700 8,000 

12.7 @0.13 ' 1.65 

I ncludoas llp to a 

MIF toilet & Jav f-• 

Extra W9sh Bayassumes I recycling 

I Subtotal u..... 

5.65 I 

Building E 

--1-----

Wash Bay I ---,3.0 

Building F I No Charge 

Buii;:Jing G -- ~Say 1.5 

or 

-------

Irrigation 15,000 ·total 4.5. 

1614 @324ft' 4536 ft' 

26 @9ft' 262 ft2 

33@100ft2 3300 ft' 

COL!rlyard 6000 ft' 

I Subtotal 6.0 --- - 1.....,-. I Total 30.69 EQRs -- - • can be deleted if raw 1rngat1on 1s used. 

The County has also presented their estimate for future wter rights dedication and tap fees 

(attached.) We appear to have a substantial difference in number of EQRs, mostly related 

to the car and bLIS wasll facilities. Based on our estimate of 30.69 EQRs, the fee would 

be as follows: 

Water Tap Fee 

Water Dedication fee 

Airport Service Area 

Sewer Tap Fee 

EQRs Rate 

30.69 Jff/Jd 2500/EQR 

30.69 aJ"VO 3500/EQR 

30.69 2500/EQR 

30.69 z, ~6li 3000/EQR 

Total 
Oct-07-99 Ol:l2P 970-945-1253 

The amount cf outside irrigation can be deleted if raw water is utilized. The amount of 

EQRs for the car/bus wash may vary if the County can supply the supported 

documentation. We may wish to consider accepting C & B Priority 49 and 61 in exchange 

fiJr all or part of the water rights dedication fee. 

If you have any questions please call our office at (970) 945-5700. 

Very truly yours, 

Zancanella & Associates, Inc. 

\\~£>..~ Thomas A. Zancanella, P E. 

Attachment 

cc: Ramsey Kropf 

N:\93~03\9J.503.26\eaglec:ount)mainth•ble.wpd 

P.04 
Oct-07-99 O:l:lZP 

~agle'"C~ ·-

Jnty Malntem1nr..o Service Fac·:lify 

\·.:~ter a1"1d Sewer f,ap r-e-e Estim~tes 

'cal!. Civil i!n{)l neer: no, Inc. 

'11511999 

i lp!l.do.cl 4/2/99 Upd~htd 41';,1 

:.~nlit;(stration C::Jnunercia[ 

JOmc£1 

lndu'5tri!ll (1} 

(! 1!'1ks 

e lo\lets 

1 rno.o 'ilnit (Janitor} 

i Urink.ng fountain. 

889, f;f 

9 ~Tile~ 

tSi<Jilob 

1 drink.ng fot.rntafrt 

5523 •I 

970-945-1253 

::.! sink~. 2toi1Gts, 7000 sf 1.00 $ 7,250.0() $ 

2 ~ddt sinks (0 15 aat o.~o s 2,175.00 $ 

4 oddl. t~loao (~.ao ••) 1.20 $ 8,700.00 $. 1 mop oinl< 1.00 $ 7,250.00 s 1 drin'k!t·~ foutt:tf1n 0.10 $ 7~5.00 $ 

., 691 addi, $1(0 1411000 sQ -...,;o.26;-.--;$-"""'~~~;.. Subtoial 3 .eo . $ 

1 86S.Oo s 

27,$86.00 $ 

2 Snka, 2 t~>~t.,m., 8000 tl 1,00 $ 7,2!0.00 $ 

7uddt. mks (0.15 ool 1M s 7,612.511 s 6 o<idl. toilots (0.30 oa) 1.SC $ 

1 drinl<lng fv'!l!tllin S •I •'l.;oMI- $ 

13,060.00 $ 

7:!5.00 ~ 

P.05 

1.900.00 

570.00 

2.280.00 

1,9llC.JO 

190.CO 

494.00 

7,334.00 

1,900.00 

1,995.00 

3,420.00 

1SO.OO 

~ ohowor:s (OJt'lla) cl•"''t."-'i~';T--'ls;-.....;:.r.'<7~-7--..,..;;i7*<-- SobM•I 4.3$ $ 

2,111)0.00 $ 760.00 

31,537.50 ~ 8,2115 DO 

f'eet M:ainter1em:e lnaumrta! (l) 

~. ~" Storage ln-dl.lttrial ( 1) 

'. anlch!l Wasr lndtstllal (1) 

I stnk 

11oUet 

~ lauodry 

27<::!6 •I 

1olnk 

f ~iet 

bull Will"(~) 

5400 II (4) 

1 Oiink, 1 toiot, aooa '' 

19436 •ddt. •I (0. 1311000 s~ 

11aundr1 

o!1tesiawe:th 

submtal 

f oink, 1 toilet, eoco of 

bus"""' (2~0 go1/Cy) 

Sul:tot.ol 

1.00 

2.Sl 

0.00 

o.oo 

H3 

1.00 

1.00 

2.00 

$ 

s 

$ 

$ 

$ 

$ 

$ 

7,250 00 

18,:1<2.50 

25.592.50 

7,250.00 

7.2~0.00 

$ 1,900.00 

$ 4,807.00 

$ 

s 

$ 6,707Ji0 

$ 1,900.00 

$ 1,900.00 

o Dli!QR ,., 100 ot -~"A.siis'--~s __ -l2~oi'i.""~2.">5*o......;s~ __ _.::_ Subtotal :1.85 $ 20,6~2.50 $ 

W1i11J: ?or 1.00 EQR 

\'Jarorlop IH $ 2.;!50.00 

··Jater Dfldl~oo ratl s 

rirpo<t Ton~ le~ 

Tc!OI 

:~ II 

~ Port.OO!!QI't 

s.....,, Tap F .. _,s!....: ____ , 

To!ml $ 

Proja<.t SubtOIIIO $ 127,527-" $ 2!,001.00 

:>b{ I '1.1' V .:.J u.c 

Project Total~! $:.-"":1:"::'S~::":.§¥1 

;_~f,D'{lb 

1,900.00 

1 •} tnd\mtrlal 

Thfo ol>ovo 

!.110~ 111te re1ri0W&d on a c.BtH~ by t:a&fl ba.i&. ElfiiM r~~~~~~ r&le 1.CO I:QR JJ0T 350 gpd wllh a 15%. cunsum~ \Jfill' mrut~mum. 

illlltd !!OR wlu .. ••• oot~m•~t~S Otl!V •n~ ¥!lll hll oooilrmoo ~Y ·raG. 

12) II w'e; aaumed that no MWet 131p ft9a9 t:~ra rttqWred for l~~:~flrlooapa lrri$.)abon EQR'a. 

(~) V<lhiolo -" ond n ... "'"" h-... w ,..,lomoi!on hl<Jtlllioo. r.4) l!nlttu btm&mrng" buHtJinc cu!f®irm :t0.700 af. ~J"GfufopurodomJl GP!lltlll.nnd thtl tam wash was uM<J 10 dBtorrntne tho 'ap 10>i!. 
Appendix B 

Vail Valley Jet Center 

Originally server by Upper Eagle Metro District 

Currently served by the Town of Gypsum at 21.8 EQR 
Appendix C 

Ghent 

Originally server by Upper Eagle Metro District 

Originally and Currently served by the Town of Gypsum at 1.6 EQR 
Appendix D 
PA:rRICI( i MILLER i KROPF 

Atlom&ys Ill Low WVIW.Walertaw.com 

Rum!>e.y L Kmpf'' 

shareholder 

krupf®w<.lterlaw. c.ont. 

rv.p1y ll) .~!qw:n dfu:!." 

At~:inOffl.._:-c: 

730 E. Dtu·Aut .Avenue 

SuhT;200 

Aspcn,COSJ61"1 

T WQ.?2Q.IO"S 

.F. 970.<rl5.6847 

nerWt!' OIJi~ 

9~918th Str-eet 

:SOth.Fiour 

11envu·f CO 80.202 

T. 303.8!>3.9700 

1'. 303,89].7900 

Pl !l.Jt!nh; 0Ui~4:l 

:2:f!5. H. aundbad~ 

Suire 700 

.P!toeltix, AZ 3~016 

T. •180.92l.4CH 

E •1·80.921.&6~8 

'.fi.!ha Office 

763-3 E. 6JntNu;e 

Suite 300-13 

Tuls.a, O.K. 7..J..t3.J 

T 9.1SA.St>A6H 

.F. 970.9::!!U>U47 

MEMO 

TO: 

CC: 

FROM: 

DATE: 

RE: 

Bryan Treu, Eagle County Attorney's Office 

Jeff Shroll, Lana Gallegos, Town of Gypsum; Tom Zancanella 

Ramsey L. Kropf, Patrick Miller and Kropf, P.C. 

May21,2009 

Eagle County 1041, EQR Reassessment 

*****1.'**********""'"*"'"*************************************** 

Determining EQR. A table comparing the EQR evaluation :fl·om the 2004 IGA, 

and the EQR current reassessment is shown below. The 2004 IGA (Exhibit B) used 

pure peak month infmmation to determine total EQR. Using peak flow is 

appropriate, because the Town is requiTed to pl'Ovide peak water and wastewater 

±lows during months when peak use ocems. In addition, as the airport grows, this 

gives the town a buffer, because the peaks will generally increase. Zancanella and 

Associates updated its last assessmenl from that provided to Eagle County in 

Lana'sAprl/24, 2009 memo. The updated analysis reviews the airport's peak uses 

in the exact san1e way that the County and Gypsum previously agreed upon for the 

2004IGA. 

The peak is derived fi·om Teviewing monthly and annual metered use at the terminal 

and the AARF facility (only) over the last fom year period. These peaks are not 

based on irrigation, as was the issue in the past. Rather, we surmise that the peaks 

are based on the winter enplanements, which are seasonal to be certain, and reflect 

growth over the last few years, patiicularly during ski season . 

However, the peale month in March 2006, for 406,000 gallons appem·s to be an 

outlier, and we note lower peaks in the otheT years in the reassessment period. 

Based on this, we have updated the EQR analysis usiug the peak month of February 

2007 for the reassessment. If in the next three years, the pealcs indicate that the 

359,000 was not indicative for peak demand, then the Town will communicate and 

adjust EQRs with the cotmty as necessary. 

Based on metered use, the peak months can be sununarized on the following table: 

1 The analysis provided by Zancanella & Associates for the April 24 letter looked at the gallons 

broken down at several different metem, and then uaveraged" the 2-4 months in 2005, 20{)6, 2007 

and 2008 to come up with a average for jl.1st those uses at the terminal, aud then assigned a .straight 

5.0 EQR to the AARF facility, and I EQR each to the County's other two buildings. That analysis 

provided a slightly higher EQR calculutlon, and therefore, Znncanella & Associates revised to match 

the 2004 Agreement analysis) which is simpler. However, it is still a peak flow analysis. 

a pwfossforwl corporation 

W:\GYl'SUI\Il\]7 i (2) &gly County J0411Jvlcmos\MemoSbroll EQR Dctm·minution5-20-09.doc 
PATRICK I Mtl.LER i KROJ'l' 

B1yan Treu, Eagle County Attorney 

Page2 

May 21,2009 

Year PenkMontbs 

2005 Jan 

Feb 

March 

Dec 

2006 Feb 

March 

2007 Jan 

Feb 

March 

Dec 

2008 Jan 

Feb 

March 

Total Monthlv Diversions iJ! gallons 

298,000 

282,000 

330,000 

249,000 

335,000 

409 000 

340,000 

359,000 

327,000 

229 000 

284,000 

293,000 

273 000 

Determining EOR Prepaid Statns. Gypsum's code section 13.08.060, provides that one 

EQR is assigned where average monthly peak water demand is equal to 15,000 gallons. For 

the 2004 IGA, we used the highest peak gallons metered in the tln·ee year period for 

determining EQR, divided that by 15,000 per EQR. For the reassessment, we did the same 

calculation, but used the second highest peak month and the result is shown below. 

Peak Flow ToW Divide Peak Flow by 15,000 Add S% per 2004 

Mete.:ed Diversions in gaUons per EQR ~ EQRs IGA 

Gallons Currently Being Used 

2004IGA March 2003 20.53 EQR. 2!.56EQR. 

308,000 gallons 

2009 Reassessment February 2006'1.. 23.93EQR 25.13 EQR 

359 000 gallons 

Therefore, the remaining fee credits that Eagle County still has available from the 2004 IGA 

are applied against the increased EQR as follows: 

Water Service Tap Wnter Right 

Fee in EQR Dedication 

2004 IGA Total Credit to Eagle Cocmty + 23.83 + 25.60 

~4IGAUses - <21.56> <21.56> 

2004 IGA Remaining Credit 2.7:1. 4.04 

2009 Assessment 25.13 25.13 

Less amount from 2004 IGA <21.56> <21.56> - Increased Use in EQR 3.57 3.57 ····---·-· Subtract rornaini~tg__gred~_t --·· <2.27> <4.04> 

Balance of EQR Due to Gypsum, or 1.3 <0.47> 

remaining credit (shown in<>) to fot Eagle ~!!:L._ ___ , __________ 

~e~t -- Fee Rate at Gl:!2:Slilll ~ $6,00Q. $7,000 

Tota.J.Xee <[_ue -· $7,800 n/a 

W:\GYPSUM\37 i (2) Eagly County I 041\Mem()s\MemoShmU EQR Detcnnilmtton5 .. 20-09.doc 
lWfRf.O( i MILLER i KROI'F 

Bryan Treu, Eagle Coul\ty Attomey 

Page3 

May21,2009 

Please note that the 2004 IGA did not address wastewater flows, however, the agreement does note 

that the same EQR calculations apply. Therefore, additional fees for the additional 3.57 EQR of 

wastewater use would be calculated at the $7,000 per EQR fee, for $24,990. It is my understanding 

from talking to Tom Zancanella, that the airport's peak flow demands for wastewater are particularly 

significant in the peale winter months, leading to various requirements for infrastructure 

improvements. 

Finally, this review has prompted Gypstun to review its billing to Eagle Cotmty. We will update you 

with this information as well once all of it is Stl1Dl1la!ized. 

Thank you and please feel free to call with any questions. 

W:\GYPSUM\37 i (2.) Eugly County 1041\Memos\McmoShroll EQR Detenninntion S~20-09.dnc 
ANNEXATION AGREEMENT 

NORTH AIRPORT ANNEXATION 

I. Parties. The parties to this Annexation Agreement are the TOWN OF GYPSUM 

COLORADO a home 11\le municipal corporation organized pursuant to Article XX of the 

Colorado Constitution ("Gypsum") and EAGLE COUNTY COLORADO, a body 

corporate and politic organized and existing pursuant to the Jaws of the State of Colorado 

("Eagle County"), Eagle County and Gypsum together being referred to as "Parties." 

2. Recitals and Purpose. 

A. Eagle County is the fee simple owner of certain real property known as the Eagle 

County Regional Airport ("Airport"), of which a portion includes the north side of the 

Airport and certain lands presently leased to the Colorado National Guard. Such land is 

more specifically described on the attached Exhibit A and is the subject of this 

Agreement (the "Property"). 

B. Eagle County now owns, controls, and operates the Eagle County Regional 

Aitport located in the County of Eagle State of Colorado, and the County is duly 

authorized by law to administer and govern the property known as the Eagle County 

Regional Airport. 

C. A portion of the Property is currently leased by Eagle C01.10ty to the State of 

Colorado, acting by and through its Department of Military Affairs known as the 

"National Guard" through a Lease Agreement dated November I, 2000 hereinafter 

HLease." 

D. Eagle County intends to file a Petition to annex the Propetty to Gypsum in 

accordance with this Agreement and Colorado Revised Statutes§ 31-12-101, et. seq. 

E. Eagle County has provided Gypsum with certain easements for water and sewer 

lines at the Property and across the Aitport as a condition of Gypsum agreeing to annex 

the Property. 

F. Gypsum is under no legal obligation to annex the Propetty and may accept or 

reject the Petition for Annexation as a matter of its sole discretion. 

G. Gypsum may institute procedures to make the property subject to zoning and 

subdivision upon annexation in accordance with Section31-12-115, C.R.S. 

H. The Parties recognize that the Property must be annexed to provide Town water 

and sewer service to the same. The Parties do not, by this Agreement, intend to reduce or 

in any way restrict the County's exclusive control and discretion over aeronautical 

activities and uses at the Airport. 

I. The parties agree that upon annexation and contemporaneous PUD zoning and 

approval of a master 1041 permit, the County exclusively shall control and govern 

aeronautical activities and uses at the Eagle County Regional Airport and the Property, 
subject only to the requirements of federal law and regulation by the Federal Aviation 

Administration, but wish to ensure that the County uses its best efforts to seek the advice 

consultation input and recommendations of the Town in matters involving aeronautical 

activities and uses at the Airport. Aeronautical activities and uses include any activity or 

improvement that contributes to the safety of, or is otherwise directly related to, the 

operation of aircraft. Aeronautical activities and uses include services related to the 

movement of passengers, baggage, mail and cargo by aircraft provided by air carriers, 

fixed base operators, commercial aeronautical service providers, aircraft owners or 

others. Aeronautical activities include, hut are not limited to, airport runway, taxi-way, 

landing field, and any extensions thereof or additions thereto and further to the extent the 

property includes roadways, aprons, taxiways, flood lights, landing lights, beacon control 

tower signals, radio aids, and all other conveniences for flying landings and take-off. 

J. The parties agree that any development on the Property shall comply with the 

applicable building codes of the Town. 

K. The parties agree that it is desirable for Eagle County to annex the Property to 

Gypsum and for Gypsum to consider annexation. 

L. The parties wish to enter into an agreement regarding the Property should it be 

annexed to Gypsum. 

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and 

for other good and valuable consideration, the receipt of which is mutually acknowledged the 

parties covenant and agree as follows: 

3. Petition for Annexation: Eagle County shall take all reasonable and necessary steps to 

facilitate the annexation of the Property to Gypsum. The County shall submit a petition 

for annexation within sixty (60) days of the execution of this Agreement. If Gypsum 

determines in its sole discretion to annex the Property, the remaining paragraphs of this 

Agreement shall become operative and binding upon the parties and shall be deemed to 

be conditions of such annexation. 

4. Zoning. Contemporaneously with annexation, Gypsum shall zone the Property Planned 

Unit Development ("PUD") consistent with the Airport Control Document, attached 

hereto as Exhibit "C", to be adopted contemporaneously with this annexation; and 

specifically reserving in Eagle County discretion over lot sizes and use locations. Any 

ordinance annexing the Property shall include a provision that the annexation of the 

property shall not become effective unless and until Gypsum approves zoning for the 

Property as provided herein. 

Eagle County specifically reserves in its sole discretion the right to amend the Airport 

Control Document at any time it deems prudent as necessary to implement, install or 

construct aeronautical activities, uses and improvements at the Airport. Prior to any such 

amendment as to aeronautical activities, uses and improvements, Eagle County shall 

notify the Town and seek its advice, consultation, input, and recommendations on the 

same. Eagle County shall immediately notify the Town of any such amendment to the 

2. 
Airport Control Document. Upon such notification, the Town shall have sixty (60) days 

of such notice to object to the amendment as not being an aeronautical activity, use or 

improvement, or the amendment shall be deemed to be within the scope and uses allowed 

by the PUD zoning. Should Eagle County desire to amend the Airport Control Document 

with respect to a non-aeronautical use, the County shall submit the proposed amendment 

to the Town and further shall seek amendment to the PUD zoning pursuant to the 

Gypsum Municipal Code and provided immediately below. 

The Town's PUD zoning shall provide that the Airport and other uses existing thereon or 

permitted by the Airport Control Document shall be permitted as uses by right without 

any requirement for special, conditional, administrative or other permits, except that any 

new non-aeronautical use and any change of non-aeronautical use shall be permitted only 

upon amendment to the PUD pursuant to the Gypsum Municipal Code. "Nonaeronautical activities and uses" include all activities, uses and improvements at the 

Airport that are not aeronautical activities and uses and that are subject to Town land use 

provisions. Upon approval ofPUD zoning and compliance with Chapter 17.36 of the 

Gypsum Municipal Code, the County shall have vested rights to undertake and complete 

development of the Property and use the Property as set forth in the Planned Unit 

Development Airport Control Doc•1ment, the Annexation Agreement and the Master 

1041 Permit, as approved by the Town Council. The establishment of vested property 

rights shall not preclude the application on a uniform and non-discriminatory basis of 

Town regulations of general applicability (including, but not limited to, building, fire, 

plumbing, electrical and mechanical codes) or the application of state or federal 

regulations. The vested rights are contingent upon Gypsum having the water, treatment, 

storage and delivery infrastructure and capacity, and sewage collection and treatment 

capacity to serve any specific improvement at the time the County desires to commence 

it. The vested property rights designated herein for aeronautical uses shall be perpetual. 

The vested property rights designated herein for non-aeronautical uses shall be fifty (50) 

years from the effective date of the Town's PUD zoning. 

5. Master 1041 Approval. Contemporaneous with annexation of the Property, Gypsum 

shall approve a Master 1041 Permit consistent with this Agreement and m•1tually 

acceptable based on the PUD zoning referenced in the previous section of this 

Agreement. Any ordinance annexing the Property shall include a provision that 

annexation of the Property shall not become effective unless and until Gypsum approves 

the Master 1041 Permit for the Pmperty as provided herein. 

6. Building Permits. Any building permits which are in effect prior to the annexation of the 

property for construction within the property shall continue to be administered by Eagle 

County, including but not limited to all inspections, issuance of certificates of occupancy, 

stop work orders, and enforcement actions. Upon annexation, the International Building 

Code as adopted by Gypsum shall apply to all construction regulated thereby, including 

improvements allowed by the PUD zoning and Master 1041 Permit without fmther 

Gypsum review, and all new building permits shall be issued by and administered by 

Gypsum. The Town of Gypsum shall not issue any new building permit on the Pmperty 

unless Eagle County is the applicant, or as the Janel owner, Eagle County has consented to 

the app.lication. 

3 
7. Subdivision. Parties acknowledge that there are no plans for subdivision of the Property. 

If in the future Eagle County m· its successors wish to subdivide the Property, it shall 

proceed to do so in accordance with the Gypsum Municipal Code. 

8. Water Utility Service. Pursuant to the Lease, the National Gual"d completed a twelve 

inch (12.0") water pipeline which has been connected to Gypsum water extending from 

the Town's easements, thereafter crossing the airport eastward to the National Guard 

High Altitude Aviation Training Site. The Town's provision of water and sewer service 

outside its boundaries is subject to sections 13.04.200 and 13.12.140 of the Gypsum 

Municipal Code. The size of the water line allows for present and future Property users 

in addition to the National Guard. Currently, the Airport Tower is also served from this 

line. Additional users shall be by authority of Gypsum. Eagle County has granted a nonexclusive easement for the construction and maintenance of the pipeline for the benefit of 

the National Guard, other Property users and Gypsum. The parties agree that such 

location may be changed or modified at the discretion of Eagle County. It is specifically 

agreed between the parties hereto that Eagle County shall not be responsible for the cost 

of the water utility service presently provided to the National Guard on the Property and 

Gypsum acknowledges that tap fees for the current uses have been waived. Water 

service to the Property for future users shall be provided consistent with the provision of 

water to other users within the Town boundaries or as may be otherwise agreed to by the 

Parties. The execution of water service agreements between the Town and the County 

are a condition precedent to the construction of any proposed improvements or increases 

in water service demand regardless of whether such uses are allowed by the PUD zoning 

or Master 1041 Permit . The Town, in is sole discretion, may limit the number of water 

taps it provides to the Property in the event that the Town decides to uniformly curtail the 

issuance of water taps to other commercial users within the Town. The Town is not 

obligated to obtain additional water rights to meet the future water demand on the 

Property, but will use reasonable efforts to serve new improvements or increases in water 

service demand if the County is willing and able to bring additional water rights 

sufficient to cover the increased demands with water rights acceptable to the Town in its 

sole discretion. In the event that the Town is unable or unwilling to provide water service 

in the manner sought by Eagle County, the County shall be authorized to petition the 

Town for disconnection of those portions of the Airport Property located within the 

Town, which consent to disconnection shall not be unreasonably withheld. 

9. Sewer Utility Service. Pursuant to the Lease, the National Guard completed an eight inch 

(8.0") sewer line which has been connected to Gypsum sewer service. The Town's 

provision of water and sewer service outside its boundaries is subject to sections 

13.04.200 and 13.12.140 ofthe Gypsum Municipal Code. The size of the sewer line 

allows for present and fllture Property users in addition to the National Guard. Currently, 

the Airport Tower is also served from this line. Additional users shall be by authority of 

Gypsum and Eagle County. It is specifically agreed between the parties hereto that Eagle 

County shall not be responsible for the cost of the sewer utility service presently provided 

to the National Guard on the Property and Gypsum acknowledges that tap fees for the 

current uses have been waived. Sewer service to the Property for future users shall be 

provided consistent with the provision of sewer service to other users within the Town 

boundaries, or as may be otherwise agreed to by the Parties. The execution of sewer 

4 
service agreements between the Town and the County are a condition precedent to the 

construction of regardless of whether such uses are allowed by the PUD zoning or Master 

1041 Permit. The Town, in its sole discretion, may limit the number of sewer taps it 

provides to the Property in the event that the Town decides to uniformly curtail the 

issuance of sewer taps to other commercial users within the Town. The Town is not 

obligated to obtain additional water rights to meet the future sewer demand on the 

Property, but will use reasonable efforts to serve new improvements or increases in water 

service demand if the County is willing and able to bting additional water rights 

sufficient to cover the increased demands with water rights acceptable to the Town in its 

sole discretion. In the event that the Town is unable or unwilling to provide sewer utility 

service in the manner sought by Eagle County, the County shall be authorized to petition 

the Town for disconnection of those p01tions of the Aitport Property located within the 

Town, which consent to disconnection shall not be unreasonably withheld. 

10. Airport Access. 

A. The property located on the north side of the airport is currently accessed by 

North Ahport Ramp Road, which is also known as Aitport Road or County Road 73. 

Eagle County presently has an easement for ingress and egress over the North Airport 

Ramp Road, which shall continue to be maintained by Eagle County, except that such 

road shall at all times be open to the public, including any governmental entity, or agency 

having jurisdiction or responsibilities for providing service to the airport, subject to 

compliance with the Aitport Secmity Plan, Airport Rules and Regulations and to any 

rules orders or regulations of the FAA. 

B. Should the parties determine that the existing roads providing access to the 

Airport should become owned by or the operation or maintenance responsibility of 

Gypsum, they shall enter into a separate intergovernmental agreement providing for the 

same. 

C. The Town of Gypsum shall have no obligation to provide additional access to or 

upon the Property. 

D. The signage on Cooley-Mesa Road at the Eagle County Regional Airp01t Exit 

shall alert travelers to the services available in the Town. Signage shall direct airport 

traffic away from Valley Road. 

11. Notices. Any Notice required or permitted by this Agreement shall be in writing and 

shall be deemed to have been sufficiently given for all purposes if sent by certified or 

registered mail, postage prepaid, addressed to the party to whom such notice is intended 

to be given at the address set forth on the signature page below, or at such other address 

as has been previously furnished in writing to the other party. 

12. Paragraph Captions. The captions of the paragraphs are set forth for convenience and 

reference and are not intended in any' way to define, limit, or describe the scope or intent 

of this Agreement. 

5 
13. Additional Documents or Action. The parties agree to execute any additional document 

and to take any additional action necessary to carry out this Agreement. 

14. Integration and Amendment. This Agreement represents the entire agreement between 

the parties and there are no oral or collateral agreements or understandings. This 

Agreement may be amended only by an instrument in writing signed by the parties. 

15. Waiver of Breach. The waiver by any party to this Agreement of a breach of any term or 

provision of this Agreement shall not operate or be construed as a waiver of any 

subsequent breach by any patty. 

16. Breach. If either Party breaches a term and conditions of this Agreement, the other Party 

may pursue all legal! y available remedies, including specific performance of the 

obligations hereunder. 

17. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the 

Parties and their respective legal representatives successors and assigns. This Agreement 

shall continue upon annexation and hind the Property and all subsequent owners until all 

provisions are satisfied. Either Party may record this Agreement in the real property 

records of Eagle County Colorado. 

18. Indemnification. Eagle County shall hold harmless and indemnify the Town, to the 

extent allowed by law, for any claims associated with the Town's failure to conduct its 

standard review and permitting process for the Property. Notwithstanding any other 

provision of this Agreement to the contrary, no term or condition of this Agreement shall 

be construed or interpreted as a waiver, express or implied, of any of the immunities, 

rights, benefits, protection, or other provisions of the Governmental Immunity Act. 

19. Other Provisions of Law. The provisions of this Agreement are subject and 

subordinate to any requirements offederallaw binding on Eagle County relating 

to aeronautical uses at the Eagle County Airport, including federal statutes, 

regulations and grant agreements with the Federal Aviation Administration, as 

may be amended from time to time. 

6 
Attest: 

Commissioners 

TOWN OF GYPSUM 

By:~~--·---­ Steve Carver, Mayor 

Gypsum Town Hall 

Post Office Box 130 

Gypsum, Colorado 81637 

7 
EXHIBIT A 

Property Description 

EXHIBIT Iff 
PARCELl 

A parcel of land located in Sections 2, 3, 4, and 9, Township 5 South, Range 85 

West of the Sixth Principal Meridian, Town of Gypsum, Eagle County, Colorado 

being more particularly described by metes and bounds as follows: 

Beginning at a point being the Southeast Corner of the Eagle County 

Maintenance Service Center, according to the Amended Exemption Plat thereof, 

as recorded October 20, 1999 as Reception No. 712446; thence N00•09'30"E, 

1282.80 feet to Angle Point 1 of Tract No. 66 also being the Southeast Corner of 

the Longview Subdivision according to the Plat thereof as recorded December 27, 

1971; thence along the South boundary of said Lot 1 S89°53'27''W, 340.66 feet; 

thence 490.42 feet along the arc of a curve to the left having a radius of 700.00 feet 

and a central angle of 40°08'31" the chord of which bears N42°01'07"E, 480.46 feet 

to the North boundary of said Lot 1; thence N83.06'37"E, 20.21 feet, to the 

northeast corner of said Lot 1;thence departing said Lot 1 Boundary and along 

the West line of Tract 62 N 01 •os'09" W, 4.58 feet to the Southwest corner of 

Lehmann Parcel according to the Annexation plat thereof recorded at Reception 

No. 200617642; thence departing the West line of said Tract 62 and along the 

South lines of said Leluna1m Parcel N 81 °50'25" E, 3616.85 feet to the Southeast 

comer of said Lehmann Parcel; thence along the easterly boundary of said 

Lehmann Parcel, and the easterly and southerly boundary of Gypsum Airpark 

LLC, DBA Gypsum Commercial Park, as recorded at Reception No. 609362 the 

following four (4) courses and distances: 

1) N 01 °49'43" E, 576.43 feet; 

2) S 88°10'31" E, 61.45 feet; 

3) N 72•24'56" E, 569.20 feet; 

4) S 89°08'06" E, 285.75 feet; thence departing said southerly line of Gypsum 

Airpark LLC, DBA Gypsum Commercial Park, continueS 89°08'06" E, 1785.68 

feet; thence N 00°51'00" E, 200.00 feet; thence S 89°09'00" E, 1962.68 feet; thence 

S 00°44'07" W, 200.00 feet; thence S 89°09'21" E, 213.88 feet; thence S 70°31'00" E, 

327.11 feet to a point on the 2-1line of Tract 56; thence along said lineN 89°06'30" 

E, 479.92 feet to Corner 1 of said Tract 56 and Corner 4 of Tract 55; thence along 

the 4-5Iine of said Tract 55, N 00°11'54" W, 331.44 feet to the Northwest corner of 

that parcel of land described in Book 433 at Page 775; thence along the North line 

of said parcel S 81 °24'27" E, 1719.38 feet to the Northeast corner of said parcel; 

thence continueS 81 °24'27" E, 25.24 feet to the Northwest corner of Hoffman 

Exemption Plat according to the plat thereof recorded in Book 682 at Page 812; 

thence along the West boundary of said plat the following three (3) courses and 

distances: 

1) S00°48'16"W, 973.02 feet; 

2) 66.92 feet along the arc of a curve to the right having a radius of 85.03 feet, a 

cenh·al angle of 45°05'54" and a chord which bears S23"21'02"W, 65.21 feet; 
3) S 00°48'16"W, 183.50 feet, to the Northern boundary of those lands described in 

the Eagle County Airport Annexation to the Town of Gypsum, according to the 

Annexation Map thereof as recorded February 6, 199? as Reception No. 614097; 

thence along said Northern boundary 581 °50'29"W, 8852.25 feet; thence 

S00°00'00"E, 6.53 feet to the North boundary of the Cooley Mesa Road 

Annexation to the Town of Gypsum, recorded February 6,1997 as reception No. 

614098; thence along said Northern boundary the following eighteen (18) 

courses: 

1) 424.73 feet along the arc of a curve to the left having a radius of 1939.86 feet 

and a central angle of 12°32'41" the chord of which bears S77°14'29"W, 423.88 

feet; 

2) S70°20'49"W, 47.12 feet; 

3) S69°21'30"W, 50.40 feet; 

4) S68°49'26"W, 50.16£eet; 

5) S68°43'47"W, 3.33 feet; 

6) S68°43'26"W, 199.69 feet; 

7) S68°50'49"W, 46.74 feet; 

8) S69°37'20"W, 49.37 feet; 

9) 571 °14'17"W, 49.27 feet; 

10) S72°24'15"W, 2.70 feet; 

11) 266.75 feet along the arc of a curve to the right having a radius of 1115.92 feet 

and a central angle of 13"41'46" the chord of which bears S79°19'23"W, 266.12 

feet; 

12) S86°43'16"W, 22.37 feet; 

13) S88°09'25"W, 49.29 feet; 

14) S89°26'23"W, 49.55 feet; 

15) S89°53'24"W, 26.98 feet; 

16) S00°04'17"E, 7.70 feet; 

17) S89°27'21"W, 570.79 feet; 

18) N89°20'56"W, 302.03 feet to the Point of Beginning. 

Containing 452.2 acres of land more or less. 
PARCEL2 

A parcel of land being a portion of Tract 54, Township 5 South, Range 85 West of 

the 6th Principal Meridian, County of Eagle, State of Colorado, more particularly 

described as follows: 

Beginning at a point being angle point 2 of said Tract 54, thence along the north 

line of said Tract 54, S89°08'13"E, 714.26 feet to a point, being the northeast comer 

of Parcel A, Greenman Exemption Plat, as recorded April28, 1989 at Reception 

No. 401473, in the Office of the Eagle County Clerk and Recorder; thence 

departing said Tract line and along the southeast boundary of said Parcel A the 

following 7 courses: 

1) S47°51'36"W, 425.84 feet; 

2) S42°08'24"E, 50.00 feet; 

3) S47°51'36"W, 200.00 feet; 

4) N42°08'24"W, 50.00 feet; 

5) S47°51'38"W, 137.21 feet; 

6) S49°08'07"W, 156.51 feet; 

7) 37.64 feet along the arc of a curve to the right having a radius of 1245.92 feet, 

an central angle of 01°43'51", and a chord which bears S53°28'32"W, 37.63 feet to 

the westerly line of said Tract 54; thence along said westerly line of Tract 54 

N00°01'12"E, 647.52 feet to the Point of Beghming, 

Excepting therefrom: i) that portion of the Cooley Mesa Road right of way 

defined in the Cooley Mesa Road A1mexation as recorded in the Eagle County 

Clerk and Recorder's Office as Reception No. 614098 and, 

ii) that portion of those lands defined as Eagle County Airport Annexation to the 

Town of Gypsum as recorded at Reception No. 614097 in the Office of the Eagle 

County Clerk and Recorder, County of Eagle, State of Colorado. 

Containing 3.52 acres more or less. 
PARCEL3 

A Parcel of land, located in Tract 60, Section 3 and 10, T5S, R85W, 6th P.M., 

County of Eagle, State of Colorado, according to the Independent Resurvey 

thereof as accepted by the General Land Office June 6, 1923, also being northerly 

of and adjacent to the Cooley Mesa Road, said parcel being more specifically 

described as follows: 

Commencing at the monument ma1·king the witness corner to angle point 3 of 

tract 57 fmm which angle point 2 Tract 54 bears N71 °44'56"E, 4175.85 feet; thence 

S89°04'54"W, 30.01 feet to the true Point of Beginning being the southeast corner 

of the "Nunn Property" as defined in the Nunn Property, Land Survey Plat as 

deposited in Book 001 at Page 660 in the Eagle County, Colorado, Land Survey 

Plat depository; thence S89°04'54"W, 295.23 feet along the northerly boundary of 

the Cooley Mesa Road right of way, thence N00°21'00"E, 295.16 feet, thence 

N89°04'54"E, 295.23 feet, thence SOOo21'00"W, 295.16 feet to the point to the point 

of beginning. · 

Containing 2.00 acres more or less 
EXHIBITB 

Airport Control Document 

. EXHIBIT .. 

~ s·· 
PROPOSED REVISED F.AGLE COUNTY AIRPORT 

PLANNED UNIT DEVELOPMENT (PUD) 

CONTROL DOCUMENT 
The Eagle County Airport Planned Unit Development (PUD) represents a unique use in Eagle 

County, being the only public airpo1t in the County. It is also unique in that it is operated by the 

Board of County Commissioners (BoCC).lt is also subject to regulation by the Federal Aviation 

Administration (FAA). · 

As a public airport, there will be a mixture of uses which make standard zoning for the airpott 

impractical. 

I. Uses to be allowed on the Airport: 

A. Aircraft landing fields (fixed wing and rotorcraft). 

B. Airport related businesses (Fixed Base Operator & Airport Specialty Operator). 

C. Office Space (aviation related). 

D. Airport related restaurant(s); snack bar(s); gift, newspaper and magazine sale(s). 

E. County road and bridge facilities. 

F. Airport maintenance facilities. 

G. Airport emergency vehicle facilities. 

H. Airport terminal facilities. 

I. Airpott flight service stations and/or control tower(s). 

J. Airport parking facilities (lot or multi-level structure). 

K. Rental car and rental car preparation facilities. 

L. Open space. 

M. Agriculture. 

N. Limited gravel mining (for use within the PUD). 

0. Airport or other county office space. 

P. Contractors yard(s) for use during construction on the airport (only). 

Q. Fuel farms, fuel storage, and self fueling stations. 

R. Colorado Army National Guard Facilities. 

S. Aircraft, Rescue and Fire Fighting building. 

T. Commuter Rail Terminal. 

U. T-Hangars, Executive Hangars, Commercial and Private Hangars. 

V. County Storage Buildings. 

W. Water Storage tanks. 

X. Weathe1· Observation Systems. 

Y. Aeronautical Instruments. 

Z. Glycol Storage Tanks. 

AA. Baggage Systems. · 

BB. All walkways, runways, ramps, apron areas, taxiways, taxi lanes, flood lights, 

landing lights, beacons, signals, radio and navigation aids, fuel facilities, deicing 

facilities, utilities, security facilities, safety facilities, and associated structures, 

and all other conveniences for flying landing and take-off of aircraft and 

necessary for the safety, security or operational efficiency of the airport. 

CC. All grading stmctures, accessory buildings, o1· other improvements incidental to 

and necessru·y to complete the uses set forth herein. 

DD. Aviation-related industry uses. 

2. Use and construction on the airpo1t is regulated by the Eagle County 

Engle County Regiomll Airporl PUD 

Page2 
Airport Minimmn Standards for Aeronautical Services and the Airport 

Rules and Regulations, which are adopted and subject to amendment by 

the BoCC at any time. Further non-county use of any pa1t of the PUD is 

regulated by lease conditions imposed by the BoCC. All structures may 

further require permitting through the FAA to ensure they do not conflict 

with safety requirements. 

3. Architectural Review -All plan and building designs are reviewed by the 

Airport Manager and/or BoCC prior to use of any part of the development. 

4. Building Controls 

A. Setbacks 

i. Minimum setbacks from Cooley Mesa Road off U.S. Highway 6-50ft. 

ii. Minimum setback for new building from center-line of runway as 

prescribed by FAA regulations shall be observed. 

B. Height 

i. 65 foot maximum height for all structures except control tower, 

beacons, or other navigational aids or lights. 

C. Building Envelopes 

i. Building envelopes shall be designated by the BoCC in its role as airport 

owner prior to the construction of any new structure. 

S. Use Standards 

A. All areas shall be kept free of noxious weeds, junk, and general 

clutter or other nuisance. 

6. Wildlife Control 

A. As funds permit, fences shall be constructed to prevent or hinder the access 

of deer to runway or taxiway area. 

7. Long Term Leases 

A. Leases of a term of up to and including a period of sixty years 

8. Signs 

may be entered without further subdivision review for, but not limited to, 

Fixed Base Operators, Aviation Speciality Operators, National Guard 

Facility, Fire Stations, or Parking Facilities on the Airport PUD 

A. Any sign must be approved by the BoCC before attachment to any buildings 

or other erection at the airport. 

9. Structure Exteriors 

A. Exterior building and roof colors shall be approved by the BoCC prior to the 

erection of any structure, to ensure a compatible color scheme with othe!'· 

nearby structures. 

Eagle Counly Regional Airport PUD 

Page3