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 ot 36 R 181.00 D 0.00 N 0.00 Eagle, Colorado 

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INTRODUCED, 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; VIII<; L, I D6 S..M . ."'o>· 

Michael Suriano, Mayor 

ATTEST: 

FINALLY, adopted, passed, and approved on No1Jem':rer= -2 f-o 

1996. 

TOWN OF GYPSUM 

BY: VV1 d\..Lrke D£ 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 D 0.00 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 -~ 

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 1 

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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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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 

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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 Prop~rty 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 • Ai mort Ac::pes s . 

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, Colorado 
9 • 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~IIJIIJ II/IIIII 

9 of 3~ R 17&.00 D 0.00 Sara J Fisher, Eagle, CO 

5 

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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. 

9 of 35 R 0.00 Eagle, Color•do 
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17. 

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 
Exhibit A ("Property") 

The following propet1y maps are recorded separately with the Eagle County Clerk & 

Recorder: 

Eagle County Airport Arn1exation to the Town of Gypsum 

Date: February 6. 1997 

Book 718 

Page 124 

Document No. 614097 

Cooley Mesa Road Annexation to the Town of Gypsum 

Date: February 6, 1997 

Book 718 

Page 125 

Document No. 614098 

l~~~6·~~m~u~•l!~~5~·~tiJ'I!l~'""''"'"" lJ of JS R 176.00 D 0.00 Sa~• J Fisher, Eagle, co 
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,. = 

CC12 = 

2XEQR= 

MQP., = 

MQP, = 

Surcharge fee (Dollars) 

Construction Cost of utilized length of 15-inch Sewer (from Table 1) 

Construction Cost of utilized 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 of 0.003 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 of 0.004 ft./ft. = 2.44 Cubic 

Feet per Second == 1095 Gallons per Minute 

DETERMINATION OF CONSTRUCTION COST (CC,. and CC,) 

Tables 1 and 2 below provide an estimated construction cost per segment of sewerline. 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. 

If the establishment is connected above Manhole Number A16, use the Estimated Cumulative 

Cost of A16, (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. If the 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 - Sewer Surcharge Formula 

Page 1 of4 

.EXHIBIT B 

-
Tables 1 and 2 will be revised to reflect actual construction costs for each segment of sewer. 

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 -Sewer Surcharge 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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A19 

A20 

A21 

A22 

A23 

A24 

A25 

A26 

A27 

A28 

A29 

A30 

A31 

A32 

A33 

A34 

A35 -

A36 

A37 

A38 

A39 

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 

Airport Gateway Cl'llter - Sewer Surchiirge Fonnula 

Page 3 of4 

14 of 36 R 181.00 D 0.00 N 0.00 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 of building permit approval or in the case of 

existing establishments, at the time of sewage service connection and payment of tap fee or 

expansion of previously approved sewage flows. 

R:\95369-5\COSTREC3.WP6 

lllllllllllllllllllllllllllllllllllllllllllllllllllllll 

633936 09/23/1997 01:0!P 8737 P983 

17 of 3e R 17&.00 D 0.00 Sara J Fisher, Eagle, CC 

Auport Gateway cepier - Sewer Surc/Ulrge Fonnulii 

Page 4of4 

:11P 

R 181.00 D 0.00 N 0.00 Eagle, 

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633936 09/23/1997 01:05P 8737 P983 

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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 

.EXHIBli C 

~ 

-0 

., 

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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 D 0.00 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 or 35 R 176 ~ g1

00:: 5

&737 P98~ _____ · •~• J f••h•~. Eagle, CC 

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EAGLE COUNTY REGIONAL AIRPORT 

PLANNED UNIT DEVELOPMENT 

Control Docwnent 

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 N 0.00 Eagle, _c~lo~a~o 

·· EXHIBIT. D 
, , · EAGLE COUNTY REGION/ \.IRPORT 

PLANNED UNIT DEVELO~. "NT 

PAGE2 

The Eagle County Regional Aitport Planned Unit Development represents a unique use in Eagle 

County, being the only public airport in the county. It is also unique in that it is operated by the 

Board of County Commissioners. It is also subject to regulation by the Federal Aviation 

Administration. 

As a public airport, there will be a mixture of uses which makes standard zoning for the airport 

impractical. 

I. Contemplated Uses to be Allowed on the Airport. 

A. 

B. 

c. 

D. 0 

u E. 

iiiiii • F. 

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X. 

Y. 

z. 

Aircraft landing field (fixed wing and rotorcraft). 

Aitport related businesses (Fixed Base Operator and Airport Specialty Operator). 

National Guard Facility. · 

Office Space (aviation related). 

Airport related restaurant(s); snack bar; gift, newspaper and magazines sales. 

Car rental. 

Private hangars (T-hangars and executive-type hangars). 

County road and bridge facility. 

Airport maintenance fucility. 

Airport emergency vehicle facility. 

Airport terminal facility. 

Airport flight service station and/or control tower. 

Airport parking facilities (lot or structure). 

Rental car facilities. 

Group Home for juveniles. 

Open Space. 

Recreation. 

Agriculture. 

Limited gravel mining (for use within the P.U.D.) 

Airport or other county offices. 

Contractors yard for use during construction on the airport (only). 

Underground fuel storage. 

Fire station. 

Utility facilities. 

Accessory buildings. 

Aviation-related industry. 

Prior to use of any part of the development, the proposal is considered by the Board of County 

Commissioners. 

Use and construction on the airport is regnlated by the Eagle County Regional Airport Rules and 

Regulations, whlch are adopted by the Board of County Commissioners. (A copy of the Eagle 

County Airport Roles and Regulations in force at the time of this application are attached and 

marked Exhibit A.) These Rules and Regulations are subject to change or amendment by the 

~ 

0 

... 

... 

"' 

.. 

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.. 
' : , · EAOLE COUNTY REGION/ \IRPORT 

pLANNEJ)UNITDEVELOP, .. NT 

PAGE3 

Board of County Commissioners. All Fixed Base Operators and Airport Special Operators are 

further regulated by the Minimum Standards for Fixed Base Operators. (A copy of said 

Standards is attached and marked Exhibit B.) Said Standards are subject to change as provided 

therein. Further non-county use of any part of the P.U.D. is regnlated by lease conditions 

imposed by the Board of County Connni.ssioners. All structures further require permitting 

through the F .A.A. to ensure they do not conflict with safety requirements. 

Architectural Review - All plan and building designs are reviewed by the Aitport Manager. Any 

decision of the Airport Manager may be appealed to the Board of County Connnissioners. 

II. Building Controls 

--~! -

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A. SetbackS 

B . 

c. 

D. 

E. 

I. 

2. 

Minimum setbacks from Cooley Mesa Road or U.S. Highway 6- 50 feet. 

Minimum setback for new building from center-line of runway as 

prescribed by F .A.A. regulations shall be observed. 

65 foot maximum height for all structures except control tower, beacons, or other 

navigational aids or lights. 

BuiJcljng Envelopes 

Building envelopes shall be designated by the Board of County Connnissioners in 

its role as airport owner prior to construction of any new structure. 

!J se Standards 

All areas shall be kept free of noxious weeks, junk, and general clutter or other 

nuisance. 

Road and Bride Facility 

. The .Road .and Bridge Yard shall be screened from general view by adequate 

fencing or landscaping. 

F. Wild!ife Control 

As funds permit, fences shall be constructed to prevent or hinder the access of 

d

, . eer to runway or taxiway area. 

G. Long Term Leases 
•· :, . EAGLE COUNTY REGION!. 4IRPORT 

PLANNED UNIT DEVELOl -NT 

PAGE4 

Leases of a term of up to and including a period of sixty years may be entered 

without further subdivision review for, but not limited to, Fixed Base Operators, 

Aviation Specialty Operators, National Guard Facility , Fire Stations, or Parking 

Facilities on the Airport P.U.D. 

H. ~ 

Any sign must be approved by the Eagle County Board of County Commissioners 

before attachment to any buildings or other erection at the airport. 

I. Strupture Exteriors 

Exterior building and roof colors shall be approved by the Board of County 

Commissioners prior to the erection of any structure, to ensure a compatible color 

scheme with other nearby structures. 

1111111111111111111111111111111111111111111111111111111 

633936 09/23/1997 01:03P B737 P983 

31 of 3! R 17&.00 D 0.00 Sera J Fisher, Eagla, CO 
Exhibit 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 D 0.00 Sara J Fisher, Eagle, CO 
Exhibit 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$/GN CIIITERIA 

MIN/r.111M R. 0. W. 

DR/VII/0 I.AN/!IJ 

ND, WIDTH 

CllR/1 STW.I! 

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

I/8V60ETATIDN 861'ARATIDN ~ P/I.TH 

aKJ'Hl!i!T (2} 

UINtlll/16 CROSS SLDPE 

K•VAlUE 

($A9 CIJRVlil 

AGG116GATE IIABE CCJIJRSE ~I 

SIIBG 

S:IS6455. 1 !COOLEY. W/'6 

MORii 'THAN 

2,f.i00 

BO' 

..... 

4 EA. 

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 

EXH\B\TE 

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(1) IJETERMINATIDN OF DESIGN CAPACITY- VEHICLES PER DAY (VPDJ: • 

10.0 VFO PeR SINGI.E FAMILY OWELLING CJNIT 

8.0 VPD PER MUL Tl FAMILY DWELLING UNIT 

10.0 VPD PER 1,000 SQUARE FEET OF RETAIL STORE SPACE 

12.0 VPD PER FULL SERVICE RftSTAURANT SEAT 

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 

registliirerl profusio,al engim~~r shall be submitted. ThR tr:~ffir: .•tur'fv .•hall hto h;MI!rl 

on "Trip Generation - 5th Edmon • 1991 ·: Published by the Institute of Tn.nsportatlon 

E,ginsero. ' 

(Z/ PED~STRIAN/61~ I'A T/18; 

PeclestriM/bike pBthS shall bl1 separated from the street surface as illustrated on the 

typical saction and ali noted in the Table. Typically, major coller:;tor roadways Within 

the Tl:lwn of GYPiiUm 11hall have two bike paths, one constructed on aach side of the 

street. However, in the case of CCJOiey Mess Road in the vk;initv of tha Airpof'(, and 

in aruas whtiJre development can only oocw on one side of a street or is currently only 

proposed on one sitk of the str~et, the pedt~~trian/bfke Plilth need only bt< construcrecl 

an th/lt lllids of th• street. In af9as whEJrR" flltffll!t w//1 nev11r have any development on 

f!ither sid11, but only connects areas of development, a single pedestrian/bike path shalf 

be oonatructod on only ens side of the stn;~et. ThP rJotarminat/on of location for this 

path shafl conliider the parameters of topogrephy, safety and ultimate convenience. 

(31 ROAD SECTJON DESIGN BY l'iEOTECHNICAL ENGINEER: 

The Road Section DeSign incfurllng Hot bituminous pavement (H8PJ, AggregatiJ Base 

Cours11, GeotrJxtUe F;:~bric, and Subgrade St<ibiliz<~tion shall be prepared by a 

Pf(lressional EnginerJr Flegilltered in the Stare of Colorado 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 

road section cfasiun. Th~ liltJh(Jrade stabr7ization shall be designed and constructed so 

that rhti prepared sybgtt:~de surlacfJ will cr:Jmply with "" of the Construction 

Spaaffiaations of tho Town of Gvpsum including eompsetion ;;nd pror>f-rolling, ani;/ shall 

also btl designed to maint111in the stabilized condition under all ;:~nticipated traffic loading 

"'""' $~11$0nlll 1/ur;tu~tlon& of t~mpe~ture TJnd groundwa~r conr;iition.s. If the 

Geotechnical Enginr;er does not specify a specific geotextile fabric, then the geotex tile 

u/ied shall be lllnsar• Geogncl BX-71 00. 

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 

EXHlBlliE 

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