TOWN OF GYPSUM, COLORADO ORDINANCE NO._ll_ (Series 1996) AN ORDINANCE ANNEXING CERTAIN LAND KNOWN AS THE EAGLE COUNTY REGIONAL AIRPORT ANNEXATION, APPROXIMATELY

**~ .~S:**  ACRES TO THE TOWN OF GYPSUM, COLORADO. WHEREAS, a petition for the annexation of a tract of land known as the EAGLE COUNTY REGIONAL AIRPORT ANNEXATION, described on Exhibit A attached hereto and incorporated herein by this reference, has been submitted to the Town of Gypsum and has been found by the TOWN COUNCIL to be in substantial compliance with Section 31-12-107(7), C.R.S.; and WHEREAS, said petition has been signed by the owners of 100% of the area proposed to be annexed exclusive of streets and alleys; and WHEREAS, all applicable requirements of the Gypsum Municipal Code have been fulfilled; and WHEREAS, the property is eligible for annexation in accordance with the Municipal Annexation Act of 1965, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GYPSUM, COLORADO, as follows: 1. The property known as the EAGLE COUNTY REGIONAL AIRPORT ANNEXATION is hereby annexed to the Town of Gypsum, Colorado. 2. The annexation of said land is subject to the terms and conditions of that Annexation Agreement dated 

### Nauem

### h,_.... .2&,, 1996, between the Town of Gypsum 

### and~£~a~B~Ie~LC64u'u·o~r~/'L-------------- 3. The annexation of said land to the Town of Gypsum, Colorado shall be complete and effective upon the effective date of this Ordinance, except that as to General Property Taxes said annexation shall be effective on and after the first day of January, 1997. 4. That 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 Town 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. 2 

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# - • gINTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF GYPSUM, COLORADO, AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON November 12, 1996. TOWN OF GYPSUM BY; 

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# D6S..M. ."'o>· Michael Suriano, Mayor ATTEST:
FINALLY, adopted, passed, and approved on 

## No1Jem':rer= -2 f-o 1996. TOWN OF GYPSUM BY: 

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# d\..Lrke 

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**s;;<U~** Michael Suriano, Mayor ATTEST: Clerk



## 1111111111111111111111111111111111111111111111111111111 633936 09/23/1997 01:0eP B737 P983 3 of 3! R 176.00 D 0.00 Sara J Fisher, Ea•le, CO''
TOWN OF GYPSUM P.O. BOX 130 300 FIRST STREET GYPSUM, COLORADO 81637

524-7514 OR 524-7515 STATE OF COLORADO) ) COUNTY OF EAGLE ) SS ) TOWN OF GYPSUM ) CERTIFICATE I, Sharon Keigley, Town Clerk of the Town of Gypsum, Colorado, do hereby certify that the attached is a true and correct copy of Ordinance Number 17 1996 as passed and adopted by the Town Council of the Town of Gypaum on the Twenty-sixth day of November, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Gypsum this third day of December, 1996.
Clerk



## 1111111111111111111111111111111111111111111111111111111 633936 09/23/1997 01:0eP 8737 P9B3 4 of 35 R 176,00 D0.00

**Sa~•** J

**Fiahe~.** Ea1le, co 04: 1B1,00 D 0.00 N 0.00 Easle, 

## FC:.ANNEXATION AGBEEMJi:NT 

# .. 1. Parties. The parties to this Annexation Agreement are the TOWN OF GYPSUM, COLORADO, a home rule municipal corporation organized pursuant to Article XX of the Colorado Constitution ("Gypsum") and EAGLE COUNTY, COLORADO, a body politic organized and existing pursuant to the laws of the State of Colorado ("Eagle County"), Eagle County and Gypsum together being referred to as "Parties".

**2~** Recitals qnd Pyrpose. 

### A. Eagle County is the fee simple owner of certain real property known as the Eagle County Regional Airport ("Airport") and a portion of Cooley Mesa Road in the vicinity of the Airport. In addition, Eagle County is the owner by prescription of the right-of-way for portions of Cooley Mesa Road. Portions of the Airport and of Cooley Mesa Road are subject to this Agreement and described on the attached Exhibit A ("Property"). (By way of explanation, the northern boundary of the Property shown on Exhibit A is the Building Restriction Line, which is 450 feet south of the centerline of the south taxiway.) B. Eagle County has herewith filed a petition to annex the Property to Gypsum. c. Eagle County has provided Gypsum with certain easements for water and sewer lines at the Airport as a condition of Gypsum agreeing to annex the Property. D. Eagle County Air Terminal Corporation, a nonprofit corporation organized for the benefit of Eagle County, agrees to extend Gypsum's sewer main and pay certain sewer tap fees as a condition of receiving sewer service 

### n from Gypsum, subj·ect to Gypsum' s agreement to provide cost

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### recovery to the Corporation as provided in paragraph 6 ,. below.· ..Subject to any rights assigned it to the agreement identified in paragraph 7 below, Eagle County Air Terminal Corporation also agrees to pay water tap and water dedication fees as a condition of obtaining water service. E. The historic and present pre-annexation use of the Property is as follows: 

## 1111111111111111111111111111111111111111111111111111111 633936 09/23/1997 01:05P 8737 P983 5 or 35 R 176.00 D 0.00 Sa"a J Fish•"· Eagle, CO 0:\BOBWli'\AIRPOR:nANNIOCI.AGR 

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### A portion of the Property is presently zoned Planned Unit Development ("PUD"l for the •. Airport, and is used for fixed base operations and commercial businesses associated with the Airport. The remainder of the Property is currently known as cooley Mesa Road and extends from the Gypsum Town boundary on the west to the eastern boundary of the Airport. F. Gypsum is under no legal obligation to annex the Property 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 Section 31-12-115, C.R.s. H. The parties agree' that it is desirable for Eagle County to annex the Property to Gypsum and for Gypsum to consider annexation. I. The Parties wish to enter into an agreement regarding the initial zoning of the Property should it be annexed to Gypsum, Eagle County's obligations which are conditions upon which Gypsum is willing to consider annexation, and Gypsum's obligations to provide services to the Property if it approves annexation. NOW THEREFORE, in consideration of the mutual covenants contained in the 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 bnnexation. 

### Eagle County shall take all reasonable and necessary steps to facilitate annexation of the Property to Gypsum. If Gypsum determines in its sole discretion to annex the Property, the remaining paragraphs of this Agreement shall become operative and binding on the Parties, and shall be deemed to be conditions of such annexation. 4. Zoning. 

### If Gypsum annexes the Property, Eagle County shall immediately apply for zoning of the Property in accordance with the Gypsum Municipal Code. Upon such application, the Town shall, within 90 days of annexation, zone the Property PUD consistent with the existing PUD zoning, and specifically reserving in Eagle County discretion over lot sizes and use locations. Such zoning shall provide that the Airport and other G:IBOBW!PIAIRl'ORTIANNlllCl.AOR 2 

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## .:J uses existing thereon or permitted by the Eagle County PUD Control Document shall be permitted as uses by right. without any requirement for special, conditional, administrative or other permits, except that any new use and any change of use shall first be approved by Eagle County. To the extent that such zoning·conflicts with the Intergovernmental Aqreemeut dated March 14, 1988, between Gypsum and Eagle County, that Intergovernmental Agreement will be deemed amended thereby. A copy of the PUD Control Document presently applicable is attached hereto as Exhibit D. If Gypsum does not initially approve this zoning for the Property, Gypsum shall, upon application by Eagle County, adopt an ordinance disconnecting the Property from the Gypsum Town boundary. 5. Subdivision, Parties acknowledge that there are no plans for subdivision of Property. If, in the future, Eagle County or its successors wish to subdivide the Property, it shall proceed to do so in accordance with the Gypsum Municipal code. 6, Sewage utility Seryice. Gypsum agrees that it 

### shall provide sewage utility service 

### to the Property and any buildings thereon only if, as and when Gypsum's requirements regarding wastewater and sewage have been met, as follows: (i) locating and extending sewer lines and facilities in a manner acceptable to Gypsum and consistent with the 1041 permit issued by Eagle County for extension of the Airport sewer main; and (ii) paying such sewer tap fees and service charges as Gypsum may from time to time establish, including Gypsum's Airport Sewer Service Area surcharge fee as outlined in the attached Exhibit B (such sewer tap surcharge fee shall be in addition to the Town's regular sewer tap fee, and may be increased from time to time in the manner required for establishing such fees); and (iii) collecting by Gypsum for the benefit of Eagle county Air Terminal corporation recovery of the cost·s of constructing the sewer line constructed by the corporation, also pursuant to the formula set forth in Exhibit B. The Construction Costs utilized in Exhibit B shall be revised upon completion of construction to reflect actual construction costs, including "soft" costs such as engineering design, construction surveying, and construction inspection. Eagle County acknowledges that in obtaining sewer service from.Gypsum, it shall be utilizing and benefit from a sewer main line constructed by the developers of the Airport Gateway subdivision. The construction costs of that sewer main line are subject to cost recovery, and Eagle County agrees to pay Gypsum the applicable cost recovery costs as determined in accordance with the same formula that is contained in Exhibit B. Sewer service to the Airport will be at least equal to the 3

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# __.,., standards of of service generally applicable within the Gypsum borders. , 7. water Utility Seryige. Gypsum currently provides water service to the

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### as successor to the UPPer Eagle Regional Water Authority, successor to the Vail Valley Consolidated Water District. Pursuant to the Intergovernmental Agreement between County, Gypsum and Vail Valley Consolidated Water District dated November 5, 1991, Eagle County is entitled to certain nontransferable water taps to serve the Property without payment of tap fees, but for which water Gypsum's water dedication reqUirements must be met, Gypsum consents to the transfer of water taps by Eagle County to the Eagle County Air Terminal Corporation, in County's sole discretion. Gypsum agrees that it shall provide water utility service to the Property additional .to that allowed under the foregoing IGA only if, as and when Gypsum's requirements regarding water service, including payment of water tap fees and meeting water dedication requirements as provided by the Gypsum Municipal Code, and payment of Airport Water Service Area surcharge fees of $2,500 per EQR. Water service to the Airport will be at least equal to the standards of service to users within the Gypsum borders. 8 • Aimort Ac::pess . 

### A. Access to the Property located on the south side of the Airport is currently provided by Eldon Wilson Road. Eldon Wilson Road shall continue to be owned, maintained and operated by Eagle County as a private drive, within Eagle County's sole discretion, except that such road shall at all times be open to any governmental entity or agency having jurisdiction or responsibilities for providing service to the Airport, subject to compliance with the Airport Security 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 provi.ding for the same. c. Gypsum shall have no obligation to provide additional public access to or upon the Airport, unless Eagle County, at its cost and expense, shall have located and constructed roads, walkways or other access in accordance with such regulations as Gypsum may from time to time adopt, and in a manner and place acceptable to Gypsum. G:IJJOBWIPIAIIU'ORT\ANNEX3.ACJR 4 289 181.00 D 0.00 N 0.00 Eagle, Colorado9 • 

### Cooley He

### sa Road. 

### A. No later than five years after annexation of the Property, Eagle County shall improve the portion of Cooley Mesa Road witllin existing right of way and within the Property eastward from Spring Creek Road. The improvements shall be made to conform to Gypsum standards identified on Exhibit E 

### attached hereto, provided that Eagle County shall be under no obligation to purchase right of way additional to that presently existing which may be required to meet those standards. Eagle County's obligation hereunder is subject to annual appropriation. B. 

### Upon Eagle County's improv-ement of Cooley Mesa Road as prov-ided by paragraph A, but in no ev-ent prior to three years from annexation of the Property, Gypsum shall assume maintenance responsibilities for the entire length of Cooley Mesa Road. During such period, the County shall maintain the entire portion of Cooley Mesa Road within the Property within the limits of its annual budget for road maintenance and consistent with the maintenance then prov-ided to other County roads which received similar maintenance as Cooley Mesa Road in the years immediately preceding annexation. 

## c. Within five years after annexation of the Property, the Town shall, subject to annual appropriation, improv-e to Gypsum standards the portion of Cooley Mesa Road west of Spring Creek Road. Should Gypsum fail to improve this road within this time period, Gypsum shall upon application by Eagle County, adopt an ordinance disconnecting the Property from the Gypsum Town boundary. D. For the purpose of this Agreement, the term "maintenance" when applied to roads, streets or driv-es shall include snowplowing. Maintenance of Cooley Mesa Road by whichever Party is then responsible shall include (1) 

### priority one (highest priority or earliest in time, by whatever nomenclature !llaY 

### be current) snowplowing, (2) 

### such repair and replacement of roadways and shoulders as reasonably necessary for the road to be hazard free and without potholes, (3) 

### signage installation, maintenance and replacement, (4) 

### roadside vegetation maintenance (maintain vegetation in and outside ditches but cut for neat appearance and to avoid view obstruction or hazard) and (5) 

### ditch maintenance (clean and free from obstruction to water flow) . 

# l~~~s~~~~~~~lU~~~l~~~~·~u~~~~l~IIJIIJII/IIIII 9 of

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# __..... 10. 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, all new building permits shall be issued by and administered by Gypsum. 11. Aviqation Easement. Immediately upon annexation, Gypsum shall require that a deed of avigation, in the form attached as Exhibit C, for operations related to the Eagle County Regional Airport shall, as determined necessary by Gypsum, but in all events in compliance with Federal Aviation Administration Regulations, Part 77, be noted or dedicated on any final plats for property within the zone described in that Part 7.7. 12. Assignment. This Agreement may not be assigned or delegated without the written consent of the Parties; provided, however, that Gypsum acknowledges that Eagle County Air Terminal Corporation is constructing the sewer and will be receiving sewer and water service, and that Eagle County may, in its sole discretion, assign any of its rights or duties hereunder to Eagle County Air Terminal Corporation. Gypsum further acknowledges that Eagle County Air Terminal Corporation has third party rights ' to sewer and water service and to sewer construction cost recovery under paragraphs 6 and 7 hereof. 13. Hotices. 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 and fees 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. 14. 

## ParaaraPH Captions. The captions of the paragraphs are set forth only for convenience and reference and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 15. ·Additional poc;umemts or Action. The Parties agree to execute any additional document and to take any additional action necessary to carry out this Agreement. 16. Integration and Affienciment. 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.

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### Agreement shall not breach by waiver of Breacb. The waiver by any Party to this of a breach of any term or provision of

**t~is** 

### Agreement operate or be construed as a waiver of any subsequent any Party. 16. 

### 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 bind 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. DATED

ATTEST: Clerk
ATTEST: Clerk to Board of county Commissioners TOWN OF 

### GYPSUM By:

# M ! 

# :kJ!-f..,Sh11 ,,;;q,., Michael Suriano, Mayor " Gypsum Town Hall P. 0. 

### Box 130 

### Gypsum, Colorado 81637

COUNTY OF EAGLE, 

### STATE OF COLORADO, By 

### and Through Its BOARD OF COUNTY COMMISSIONERS By: 

# 4~Ge~o~~rg:::'.:i'"i:f';~1a';tai'.::-P.~es="'~""""'..v""------­ Chairman

10_of 36 R 181.00 D 0.00 N 0.00

**Eagl~.** Colorado O:IBOBWll'IAil<PORTh\NNI!lCJ.AOR

# . ' ,.

STATE OF COLORADO) ) TOWN OF GYPSUM P.O. BOX 130 300 FIRST STREET GYPSUM, COLORADO 81637

524-7514 OR 524-7515
COUNTY OF EAGLE ) SS ) TOWN OF GYPSUM ) CERTIFICATE I, Sharon Keigley, Town Clerk of the Town of Gypsum, Colorado, do hereby certify that the attached is a true and correct copy of Ordinance Number 17 1996 as passed and adopted by the Town Council of the Town of Gypsum on the Twenty-sixth day of November, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Gypsum this third day of December, 1996.
Clerk 

# lllllllllllllllllllllllllllllllllllllllllllllllllllllll 633936 09/23/1997 01:05P 8737 P983 12 of 35 R 176.00 D 0.00



### Sa~• J



### Fish•~. Eagle, CO

### ExhibitA ("Property") The following propet1y maps are recorded separately with the Eagle County Clerk & Recorder: Eagle County Airport Arn1exation to the Town ofGypsum Date: February 6. 1997 Book 718 Page 124 DocumentNo. 614097 Cooley MesaRoad Annexationto the Town ofGypsum Date: February 6, 1997 Book718 Page 125 DocumentNo. 614098



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## 1111111111111111111111111111111111111111111111111111111 633936 09/23/1997 01:05P 8737 P9B3 14 of 35 R 176.00 D 0.00 Sara J Flsner, Eagle, CO 

### :EXHIBIT B' Airport Sewer Service Area Sewer Tap Surcharge FEE Formula S =



### [(C~, ) X (2 X EQR) 

### + (MQP,.)) 

### + [(CC.,) 

### X (2 X EQR) 

### + (MQP,)) Where:S= 

## cc,. = CC 12 = 2XEQR= MQP., = MQP, = Surcharge fee (Dollars) Construction Cost ofutilized length of 15-inch Sewer (from Table 1) Construction Cost ofutilized length of 12-inch Sewer (from Table 2) 2 times the calculated EQR for an Establishment (This produces a number equivalent to Gallons per Minute) Maximum Sewer Flow capacity in 15-inch Sewer Pipeline (Gallons per Minute) Based on a 15-inch PVC pipe@ a slope of0.003 ft./ft. = 3.83 Cubic Feet per Second 

### == 1719 Gallons per Minute Maximum Sewer Flow capacity in 12-inch Sewer Pipeline (Gallons per Minute) Based on a 12-inch PVC pipe @ a slope of0.004 ft./ft. = 2.44 Cubic Feetper Second 

### == 1095 Gallons perMinute DETERMINATION OF CONSTRUCTION COST (CC,. and CC,) Tables 1 and 2 below provide an estimated construction cost per segment ofsewerline. To determine the CC., for an establishment, find the Estimated Cumulative Cost in Table 1 associated with the sewer manhole above the sewer service connection for the establishment. Ifthe establishment is connected above Manhole Number A16, use the Estimated Cumulative Cost ofA16, (CC,. 

### = $287,200). Similarly, to determine the CC., for an establishment, find the Estimated Cumulative Cost in Table 2 associated with the sewer manhole above the sewer service connection for the establishment. Ifthe establishment is connected below Manhole Number A17, use the Estimated Cumulative Cost of $0.00, (CC, = $0.00)

,.,..**,"'~"** 02/06/1997 04: 1 B71S 12 of 36 R 181.00 D 0.00 N 0.00 Eagle, Colorado 

### Auport Gateway c:e!iter - SewerSurcharge Formula Page 1of4 

# .EXHIBIT 

# B 

# -Tables 1 and 2 will be revised to reflect actual construction costs for each segment ofsewer. Actual costs will include tbe associated "soft" costs such as engineering design, construction surveying, and construction inspection approved by Gypsum. The Manhole Number above a particular sewer service connection can be determined from tbe sewer collector design drawings included in Appendix A. 

## TABLEl ESTIMATED CONSTRUCTION COS'I'S FOR 15-INCH SEWER MANHOLE PIPE ESTIMATED

NUMBER 

### LENGTII SEGMENT COST Al 74 $5,950.00 A2 300 $17,250.00 A3 400 $22,250.00 A4 400 $22,250.00 A5 400 $22,250.00 A6 370 $20,750.00 A7 235 $14,000.00 AS 235 $14,000.00 A9 175 $11,000.00 AlO 265 $15,500.00 All 170 $10,750.00 A12 400 $22,250.00 A13 400 $22,250.00 A14 400 $22,250.00 AI5 400 $22,250.00

-- Al6 400 $22,250.00


### Azrport Gateway C(#llter

### -SewerSurcharge Fonnula Page 2 of4
13 of 36 R 181.00 0 0.00 N 0.00 Eagle, 

### ESTIMATED CUMULATIVE COST $5,950.00 $23,200.00 $45,450.00 $67,700.00 $89,950.00 $110,700.00 $124,700.00 $138,700.00 $149,700.00 $165,200.00 $175,950.00 $198,200.00 $220,450.00 $242,700.00 $264,950.00 $287,200.00

## TABLE2 ESTIMATED CONSTRUCTION COSTS FOR 12-INCH SEWER

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### PIPE ESTIMATED LENGTH SEGMENT COST 173 $9,170.00 400 $18,250.00 400 $18,250.00 400 $18,250.00 230 $25,250.00 400 $18,250.00 360 $16,650.00 400 $18,250.00 360 $16,650.00 400 $18,250.00 400 $18,250.00 400 $18,250.00 400 $18,250.00 400 $18,250.00 400 $18,250.00 400 $18,250.00 190 $21,250.00 400 $18,250.00 400 $18,250.00 400 $18,250.00 290 $13,850.00 250 $12,250.00 350 $16,250.00 

### AirportGateway Cl'llter - SewerSurchiirge Fonnula Page 3of4 14 of 36 R 181.00 D 0.00 N0.00 Eagle, Colorado

### ESTIMATED CUMULATIVE COST $9,170.00

**$27~420.00** $45,670.00 $63,920.00 $89,170.00 $107,420.00 $124,070.00 $142,320.00 $158,970.00 $177,220.00 $195,470.00 $213,720.00 $231,970.00 $250,220.00 $268,470.00 $286,720.00 $307'970.00 $326,220.00 $344,470.00 $362,720.00 $376,570.00 $388,820.00 $405,070.00 

# -·- 

# -A40 400 $18,250.00 $423,320.00 A41 400 $18,250.00 $441,570.00 A42 400 $18,250.00 $459'820.00 Sewer Surcharge fees will be due at time ofbuilding permit approval orin the case of existing establishments, at 

### the time of sewage service connection and payment oftap fee or expansion ofpreviously approved sewage flows. R:\95369-5\COSTREC3.WP6 

# lllllllllllllllllllllllllllllllllllllllllllllllllllllll 633936 09/23/1997 01:0!P 8737 P983 17 of 3e 

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### D0.00 Sara J Fisher, Eagle, CC



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## 1111111111111111111111111111111111111111111111111111111 633936 09/23/1997 01:05P 8737 P9B3 23 of 35 R 176.00 D 0.00 Sare J
**Fls~er,** Eagle, CO DEED OF AVIGATION EASEMENT THIS INDENTURE made this day of 199 is between, on the one hand, and holder of the Deed of Trust ("Grantors"), as grantors, and, on the other hand, the County of Eagle ("County"), a political subdivision of the State of Colorado, and the Town of Gypsum, a home tule municipal corporation, as grantees ("Grantees") . Grantors, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, paid by the Grantees to Grantors, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the Grantees, individually, and their respective successors, and assigns, a perpetual and assignable Avigation Easement in and over the real property whose description is **~ttached** hereto as Exhibit A and made a part hereof and which is hereafter referred to as the "Property," and a rightof-way for the free and unrestricted passage of aircraft of any and all kinds now or hereafter known, in, through, across, and about the airspace above the surface of said real property at all times of the day. The aforesaid easement and right-of-way includes, but is not limited to, the following rights: For the use and benefit of the public an easement and right-of-way, appurtenant to the Eagle County Regional Airport, for so long as the County, and its successors and assigns, utilize the airport for public air traffic, for the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any device now known or· hereafter invented, used, or designated for navigation of or flight in the air) by whomsoever owned and operated, in the airspace above the surface of the Property to an infinite height above the Property, together with the right to cause and create, and to permit and allow to be caused or created, in said airspace (including that generated from outside the

**boundari~s** 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 

# .EXHIBliC **~** 

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# lllllllllllllllllllllllllllllllllllllllllllllllllllllll 533936 09/23/1997 01:0!P 8737 PS83 24 of 3! R 176.00 D 0.00

**Sa~•** J

**Fish•~.** Eagl•. CO 

### or are inherent in the operation of--aircraft landing at or taking off from or operating at or on the Eagle

**~ounty** 

### Regional Airport, including ground run-ups and testing of aircraft engines. Grantors, for themselves and their successo.rs and 

### assigns, hereby waive, remise, arid release any right or cause of action which he may have against Grantees, or either of theim, or their respective 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 deprive Grantors, their successors or assigns, of any rights which it may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft. The easement and right-of-way hereby granted includes the continuing rights in the Grantees to prevent the erection or growth upon the Property of any building, structure, objects of natural growth or other object extending into the air space above a height of 6510 feet above mean sea level, 

### and to remove from said air space, or at the sole option of the County, as an alte=ative, to mark and light as obstructions 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 Property, all of which shall be at the expense of Grantors, their 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 granted includes the right to regulate or prohibit the release into the air of any substance which would impair the visibility of or otherwise interfere with the operations of aircraft such 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 right-of-way hereby granted includes the right to regulate or prohibit light emissions, either direct or reflective, which might interfere with pilot vision or otherw:i.se interfere with operations of the airport,, together with ·the right of reasonable ingress 2

# lllllllllllllllllllllllllllllllllllllllllllllllllllllll 83393& 09/23/1997 01:05P B737 P983 2! or 3! R 176.00 D0.00 Sera J Fisher, Ea,le, CC 

### to, egress from, and passage over the Property for the above purposes. , The easement and right-of-way hereby granted includes the right to 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. The easement and right-of-way hereby granted also includes the right to regulate. or prohibit any use of the Property which would interfere with landing or taking off of aircraft at the Eagle County Regional Airport, or otherwise constitute an airport hazard, together with the right of reasonable ingress to, egress from, and passage over the Property for the above purposes. This grant of easement shall not operate to deprive the Grantors, their successors or assigns, of any rights which they may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft. The rights of Grantees hereunder may be enforced by either of them, individually, or by both of them, jointly. These covenants and agreements run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the Grantors, and for the purpose of this instrument, the real property firstly hereinabove described is the servient tenement. This easement shall be effective from this date and run with the land until such time. as the Eagle County Regional Airport is no longer used as an airport. 

## /Ill Ill/ [next page is signature page] 

## /Ill

3

# .. IN WITNESS WHEREOF, Grantors have executed this deed effective as of the date set forth above. i GRANTORS:



### As Holder of the Deed of Trust 

# By•---------------------------

111111111111111111111111111111111111111 1111111111111111 833936 09/23/1997 01:05P 8737 P983 28 of 35 R 178.00 D 0.00 Sara J Fisher, Eagle, CO
:11P 29 oF 36 R 181.00 D 0.00 N 0.

. ·---=- - 4' 

### ... l ' 

### STATE OF COLORADO ss 

## ' COUNTY OF EAGLE The foregoing instrument was signed and sworn to before me this ---- day of , 1519_ by and by --------------- as ------------ of Witness my hand and official seal. My commission expires Notary Public c\aviga.5JYP



# l~~~~si!WJ!~llf//111,11/ll/111111111111111111111111 27 

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### EAGLE COUNTY REGIONALAIRPORT PLANNED UNIT DEVELOPMENT

ControlDocwnent Amended 6/18/96



### --



## 1111111111111111111111111111111111111111111111111111111 633936 09/23/1997 01:05P &737 P983 28 

## or 3S R 176.00 D 0.00 Sara J Fisher, Eagle, CO

31 

## or 36 R 181.00 D 0.00 N0.00 Eagle,

### _c~lo~a~o 

# ·· EXHIBIT.D, ,· EAGLE COUNTY REGION/ \.IRPORT PLANNED UNIT**DEVELO~.** "NT PAGE2 TheEagle CountyRegional Aitport PlannedUnitDevelopmentrepresents a uniqueuseinEagle County,being the onlypublic airportinthecounty. Itis also unique inthatitis operatedbythe BoardofCounty Commissioners. 

### Itis also subjectto regulationbytheFederal Aviation Administration. Asa publicairport, there willbea mixture ofuses whichmakes standardzoningforthe airport impractical. I. ContemplatedUsesto beAllowed ontheAirport. A. B. 

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## z. Aircraftlandingfield (fixedwing and rotorcraft). Aitportrelatedbusinesses (FixedBase OperatorandAirport Specialty Operator). National GuardFacility. · Office Space (aviationrelated). Airportrelatedrestaurant(s); snackbar; gift, newspaper andmagazines sales. 

### Carrental. Privatehangars (T-hangars andexecutive-typehangars). Countyroad and bridgefacility. Airportmaintenance fucility. Airportemergencyvehiclefacility. Airportterminalfacility. Airportflight service station and/orcontroltower. Airportparkingfacilities (lot or structure). Rental carfacilities. GroupHomeforjuveniles. Open Space. Recreation. Agriculture. Limited gravelmining (forusewithinthe P.U.D.) Airport orothercounty offices. Contractorsyardforuseduring construction onthe airport (only). Undergroundfuel storage. Fire station. Utility facilities. Accessorybuildings. Aviation-relatedindustry. Priorto use ofanypartofthedevelopment, theproposal is consideredby the BoardofCounty Commissioners. Use and constructiononthe airportisregnlatedbytheEagle CountyRegionalAirportRules and Regulations, whlchare adoptedbytheBoard ofCounty Commissioners. (A copy oftheEagle County Airport Roles andRegulationsinforce atthetime ofthis applicationare attached and markedExhibitA.) TheseRules

## and Regulations are subjectto changeoramendmentbythe **~** 0 

# ... ... "' "' 

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### ' : ,· EAOLE COUNTY REGION/ \IRPORT pLANNEJ)UNITDEVELOP, ..NT PAGE3 BoardofCounty Commissioners. AllFixedBase Operators andAirport Special Operators are further regulated bythe Minimum Standardsfor FixedBaseOperators. (A copy ofsaid Standards is attached and markedExhibit B.) Said Standards are subjectto change asprovided therein. Furthernon-countyuse ofanypart oftheP.U.D. is regnlated by lease conditions imposedbythe Board ofCounty Connni.ssioners. All structuresfurtherrequire permitting throughthe F.A.A. to ensurethey do notconflictwith safety requirements. ArchitecturalReview - Allplanandbuilding designs arereviewedbythe AitportManager. Any decision oftheAirportManagermaybe appealedtothe BoardofCounty Connnissioners. II. Building Controls



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### E. I. 2. Minimum setbacks from CooleyMesaRoad orU.S. Highway 6- 50 feet. Minimum setbackfornewbuildingfrom center-line ofrunway as prescribedbyF.A.A.regulations shallbe observed. 65 foot maximumheightfor all structures except control tower, beacons, orother navigational aids orlights. BuiJcljng Envelopes Building envelopes shall bedesignated bytheBoard ofCountyConnnissioners in itsrole as airport ownerpriorto constructionofanynew structure. !Jse Standards All areas shall bekept free ofnoxiousweeks,junk, and general clutter orother nuisance. Road and BrideFacility

. The.Road.andBridge Yard shallbe screened from general viewby adequate

fencing orlandscaping. F. Wild!ife Control Asfunds permit, fences shallbe constructedtopreventorhinderthe access of d , .

eerto runway ortaxiway area. G. Long TermLeases•· :, . EAGLE COUNTY REGION!. 4IRPORT PLANNED UNITDEVELOl -NT PAGE4 Leases ofa term ofup to and including a period ofsixty years may beentered without further subdivisionreviewfor, butnotlimitedto, FixedBase Operators, Aviation Specialty Operators, National GuardFacility , Fire Stations, orParking Facilities on 

### the AirportP.U.D. 

### H.

**~** Any signmustbe approvedbythe Eagle CountyBoard ofCounty Commissioners before attachmentto any buildings orothererection atthe airport. I. StruptureExteriors Exteriorbuilding and roofcolors shall be approvedbythe Board ofCounty Commissionerspriortothe erection ofany structure,to ensure a compatible color schemewith othernearby structures. 

## 1111111111111111111111111111111111111111111111111111111 633936 09/23/1997 01:03P B737 P983 31 of 3! R 17&.00 D 0.00 Sera J Fisher, Eagla, COExhibit A The Eagle county Airport Rules and Regulations have been intentionally omitted from the recording of the Annexation Agreement between Town of Gypsum and Eagle County, but remain a part of the Eagle County Regional Airport Planned Unit Development. 

## 111111111111111111111111111 111111111111111 111111111 1111 633936 09/23/1997 01:0SP B737 P983 32 of 35 R 176.00 D0.00 Sara J Fisher, Eagle, COExhibit B The Minimum standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities at Eagle County Airport have been intentionally omitted from the recording of the Annexation Agreement between Town of Gypsum and Eagle county, but remain a part of the Eagle County Regional Airport Planned Unit Development. 

## 1111111111111111111111111111!11111111111111111111111111 633935 09/23/1997 01:05P B737 P983 33 of 35 R 176.00 D 0,00

**Sa~a** J Fisher, Eagle, 

## co

B718 P126 289 25 of 36 R 181.00 D 0.00 N 0.00 Eagle,
**Colo~ado**11/26/96 1!:12 '1!3039451410 JGA



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TilbiU I TOWN OF GYPSUM DESIGN STANDARDS FOR COOLEY MESA ROAD 0/1$/GNCIIITERIA
MIN/r.111MR.0.W. DR/VII/0I.AN/!IJ ND, WIDTH CllR/1 STW.I!

**~RIAN** Ill I«EI'ATH OR 11/DfflAI.K(ill I/8V60ETATIDN861'ARATIDN

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12' NON[!

**VERTTCA~** 24-INCH 1 PATH· MINIMUM WIDTH 

### e• !5' MIN. 46MPH 110 MIN. 70MIN.

SGO' MAX. B% MIN.l% MIN. tt.• HBP lOr more dl re(flired bV 1Jfot•ctmlolll•ngint•rl MIN. a•

**C~SS·6** t Or mora D£ requir&d by
**goote~hnioal** •ngloe•rl AS REClUIREO SY TOWN fNGINEI!R OA **G!OT!CHNICA~** £NGINEER 

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# ·-1.1/26/96 11:12 'Zt3039451410 JGA 

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# .. '• I (1) IJETERMINATIDN OFDESIGNCAPACITY- VEHICLES PER DAY(VPDJ: • 10.0 VFO PeR SINGI.EFAMILY OWELLING CJNIT 8.0 VPD PER MUL Tl FAMILYDWELLING UNIT 10.0 VPD PER 1,000SQUAREFEETOFRETAIL STORESPACE 12.0 VPD PER FULL SERVICERftSTAURANTSEAT 20.0 VPD FAST-FOOD f!ESTAUFIANTPARKING SPACE For uses not specified in the above not11d f!Jc:toi'S, IJ traffic study, prepared by a registliirerlprofusio,al

**engim~~r** shallbe submitted. ThR

**tr:~ffir:** .•tur'fv.•hallhto h;MI!rl on "Trip Generation - 5th Edmon • 1991 ·: Publishedby the Institute of Tn.nsportatlon E,ginsero. ' (Z/ **PED~STRIAN/61~**I'AT/18; PeclestriM/bike pBthS shall

### bl1 separatedfrom the street surface as illustrated on the typicalsaction andalinotedin the Table. Typically, majorcoller:;tor roadways Within the Tl:lwn ofGYPiiUm 11hallhave two bike paths, one constructed on aach side ofthe street. However, in the case of CCJOieyMess Roadin the vk;initv oftha Airpof'(, and in aruas whtiJre developmentcan onlyoocwon one side ofa street oris currentlyonly proposedon one sitk ofthe

**str~et,** the **pedt~~trian/bfke** Plilth needonlybt< construcrecl an th/lt lllids ofth• street. In af9as whEJrR" flltffll!t w//1nev11rhave anydevelopment on f!ithersid11, butonlyconnectsareas of development, a singlepedestrian/bikepathshalf be oonatructodon only ens side ofthe

**stn;~et.** ThP rJotarminat/on oflocation for this path shaflconliider the parameters oftopogrephy, safety andultimate convenience. 

### (31 ROAD SECTJONDESIGNBYl'iEOTECHNICAL ENGINEER: The Road Section DeSign incfurllng Hotbituminouspavement (H8PJ, AggregatiJ Base Cours11, GeotrJxtUe

**F;:~bric,** and Subgrade
**St<ibiliz<~tion** shall be prepared by a Pf(lressionalEnginerJrFlegillteredin 

### the Stare ofColorado sprJcializing in Geotechnir;:al Englneerinp ;md based on site spBCific soil anrl groundwater conclltions. The inform11tion provided in the Tab/11 above shall be
**considert~d** the minimum allowable roadsection cfasiun.

**Th~** liltJh(Jrade stabr7ization shallbe designedandconstructedso that rhti prepared

**sybgtt:~de** surlacfJ will cr:Jmply with "" of the Construction Spaaffiaations oftho TownofGvpsumincluding eompsetion ;;nd pror>f-rolling, ani;/ shall alsobtldesigned

### to maint111in the stabilizedcondition underall
**;:~nticipated** trafficloading "'""'

**$~11$0nlll 1/ur;tu~tlon&**  of
**t~mpe~ture** TJnd
**groundwa~r** conr;iition.s. If the GeotechnicalEnginr;erdoesnotspecifya specificgeotextile fabric, then thegeotextile u/iedshallbe lllnsar•GeognclBX-7100. 

# lllllllllllllllllllllllllllllllllllllllllllllllllllllll 633936 09/23/1997 01:0eP 8737 P983 3e ar 3e R 176.00 D 0.00

**Sa~a** J

**Flsne~.** Eagle, CO

**S:I9645~·11COOLEY.** WPIS 

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