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HomeMy WebLinkAbout7929RESOLUTION NO. 7929 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LAND TO BE CONVEYED TO NAVAJO SHIPPERS, INC., AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION 1 An Agreement, a copy of which is attached hereto and made a part hereof by reference after having been approved as to form by the City Attorney, by and between the United States of America and the City of Pueblo, a Municipal Corporation, to establish a Special Airport Improvement Trust Fund in the amount of $95,000 being the appraised value and the proceeds of the sale of 12.19 acres of land located at Pueblo Memorial Airport and sold to Navajo Shippers, Inc. SECTION 2 Within five years of the date of the Agreement, this sum will be expended for approved Airport development. It is understood and agreed that this amount will not be eligible as Owner Matching Funds for development under the Airport Improvement Program (AIP). SECTION 3 The President of the Council is hereby authorized to execute said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED August 12, 1996 AT'I EST: City Clerk BY John Verna Councilperson APPROVED: Presid nt of City Council AGREEMENT THIS AGREEMENT made and entered into the i nth day of August 1996, by and between the UNITED STATES OF AMERICA, party of the first part, acting by and through the Federal Aviation Administration, hereinafter referred to as the FAA, and the CITY OF PUEBLO, body politic under the laws of the State of Colorado, hereinafter referred to as Owner. WHEREAS, the United States of America on the 20th day of July, 1948, did transfer certain property to the Owner by Quitclaim Deed, which property is located and described on the attached Exhibit "A" and, WHEREAS, the United States of America did issue 34 separate Grant Offers and such offers were accepted by the Owner; and, WHEREAS, said Quitclaim Deed and the Several Grant Agreements contained reservations, restrictions, and conditions, and, WHEREAS, Owner has requested the FAA to execute a Deed of Release whereby it would release the said property, described in the attached Exhibit "A ", from all the reservations, restrictions, and conditions as set forth in the said Quitclaim Deed and Grant Agreement Assurances; and, WHEREAS, the Owner intends to dispose of said land free and clear of the reservations, restrictions, and conditions and receive other valuable consideration therefor; NOW THEREFORE, for and in consideration of the FAA's releasing of said described land from said reservations, restrictions, and conditions, the Owner hereby agrees as follows: 1. To expend a sum of $95,000 within five (5) years after the date of execution of this agreement for Airport Development. It is understood and agreed that this amount will not be eligible as Owner Matching Funds for development under the Airport Improvement Program (AIP) or successor programs. Projects to be accomplished during the five (5) years are those projects described in the 1996 -2001 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $95,000 sum, which will be in accordance with accepted business practices and open for inspection by FAA at any time for three years after the date of completion of the item. 3. To incorporate in any deed of transfer of such land any reservation or restriction which is reserved or retained in the Deed of Release to protect the rights and interests of the public in the airport and to preserve its use as a safe and usable airfield. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 12th day of August > I 9 2c . By-- c� Title Pr ident of City Council ATTEST: 1 r (SEAL.) .,,,,, CITY CLE CITY ATTORNE'e ; WITNESSES THE UNITED STATED OF AMERICA BY - Manager, Airports District Office Federal Aviation Administration Department of Transportation EXHIBIT "A" IDENTIFICATION OF THE PROPERTY The subject property consists of a 12.19 acre tract of vacant land located at the southwest corner of the intersection of United Avenue and Doane Place in the Pueblo Memorial Airport Industrial Park, Pueblo County, Colorado, and legally described as: LOT 63 A parcel of land located within the County of Pueblo, State of Colorado to Wit: A parcel of land being portions of the W 1/2 of Section 29 and the E 1/2 of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian, being more particularly described as follows. BEGINNING at a point on the apparent southerly right -of -way line of United Avenue from which the E 1/4 corner of said Section 29 bears N 85- 46-18 E (bearings based on the east line of the said NE 1/4 of Section 29, monumented at each end by a found brass cap on iron pipe set in concrete pad, to bear N 00 -02 -28 W), a distance of 5,344.13 feet; thence along the said apparent southerly right of way line on an arc of a curve to the right whose center bears S 35 -09 -59 E having a central angle of 09 -36 -42 and a radius of 4,759.60 feet, a distance of 798.45 feet to a point on the apparent westerly right of way line of Doane Place; thence S 24 -35 -30 E, along said apparent westerly right of way line a distance of 379.33 feet; thence continuing along said apparent westerly right of way on the arc of a curve to the right; having a central angle of 05 -00 -00 and a radius of 960.00 feet, a distance of 83.78 feet; thence 19 -35 -30 E along the said apparent westerly right of way line, a distance of 326.51 feet; thence S 81 -33 -52 W, a distance of 871.80 feet;; thence N 15 -19 -10 W, a distance of 471.68 feet toe the POINT OF BEGINNING. Said parcel contains 12.19 acres, more or less. DEN- 625: ROMERO. C: gnu: 7/ 22/ 96:I:AHOME \COLORAD\PUB5AGRE.DOC