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HomeMy WebLinkAbout8075RESOLUTION NO. 8075 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 ASHLAND CHEMICAL COMPANY, 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 $277,000 being the appraised value and the proceeds of the sale of Lots 6 and 7 (37.38 acres of land) located at Pueblo Memorial Airport and sold to Ashland Chemical Company. 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 March 24, 1997 ATTEST: _ V BY Fay B. Kastelic Councilperson APPROVED: 6 6a' , 't - a - President cl City Council Z l � s rATES CT' Pa' FEDERAL AVIATION ADMINISTRATION March 17, 1997 Donald J. Saling Director of Aviation and Transportation Pueblo Memorial Airport 31201 Bryan Circle Pueblo, Colorado 81001 Dear Mr. Saling, DENVER AIRPORTS DISTRICT OFFICE 26NS E. 68th Ave., Suite 224 DENVER, COLORADO 80249 -6361 (303) 342 -1265 We have reviewed the request for release of 37.38 acres of land in the industrial park section of Pueblo Memorial Airport for sale to Ashland Chemical Company. We will recommend the release as soon as a binding agreement is executed committing the City of Pueblo to expend the appraised value of the parcel ($277,000) on certain airport improvements. Three copies of the agreement form ready for signature and similar to agreements made on previous land release requests, are enclosed. After all copies have been signed by the City, please return them to this office for signature. Upon receipt of these documents, we will prepare a Deed of Release. Once signed, the Deed will be sent to the City for acceptance. Sincerely, k4m4 Ona --w Cynthia Romero Airports Program Officer AGREEMENT APR ° 1997 JY� � THIS AGREEMENT made and entered into the 24fh ap . 4 { March 1997 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 $277,500 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 $277,000 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. AGREEMENT THIS AGREEMENT made and entered into the 24th day of March 1997, 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 $277,000 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 $277,000 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 24th day of March —, 97 . I: RP Title President of City Counc ATTEST: (SEAL) CITY RK CITY ATTO WITNESSES THE UNITED STATED OF AMERICA By Manager, Airports District OffWA Federal Aviation Administration Department of Transportation A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado to Wit: A parcel of land being a part of the W /2 of the SE /4 and the E 1 /2 of the SWl /4 of Section 26, Township 20 South, Range 64 West, 6th Principal Meridian, being more particularly described as follows: Lot 6, Pueblo Memorial Airport Industrial Park Subdivision according to the recorded plat thereof filed for record October 11, 1995 in Book 2836 at Pages 665 -670 in the records of the Pueblo County Clerk and Recorder, also described as follows: BEGINNING at the northeast corner of said Lot 6 from which the northeast corner of said Section 26 bears N 33'04'10"E (Bearings based on the north line of said Section 26 monumented on the west end with a No. 8 rebar in concrete and on the east end with a 3 1 /2" aluminum cap on a 2 1 /2 "00" aluminum pipe assumed to bear N 89 °10'48" W), a distance of 4051.80 feet; thence S O1 °57'57" E along the east line of said Lot 6, a distance of 1157.52 feet; thence S 89 °21'08" W along the south line of said Lot 6, a distance of 730.24 feet; thence N 00'12'56" E along the west line of said Lot 6, a distance of 1141.55 feet; thence N 88 0 02'03" E along the north line of said Lot 6, a distance of 686.59 feet to the POINT OF BEGINNING. Said parcel contains 18.69 acres, more or less. A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado to -wit: A parcel of land being a part of the W /2 of the SE' /4 of Section 26, Township 20 South, Range 64 West, 6th Principal Meridian, being more particularly described as follows: Lot 7, Pueblo Memorial Airport Industrial Park Subdivision according to the recorded plat thereof filed for record October 11, 1995, in Book 2836 at Pages 665 -670 in the records of the Pueblo County Clerk and Recorder, also described as follows: BEGINNING at the northeast corner of said Lot 7 from which the northeast corner of said Section 26 bears N 24 °09'58" E (Bearings based on the north line of said Section 26 monumented on the west end with a No. 8 rebar in concrete and on the east end with a 3 1 /2" aluminum cap on a 2 1 /2 "x30" aluminum pipe assumed to bear N 89 °10 "48" W), a distance of 3695.34 feet; thence S O1 °57'57" E along the east line of said Lot 7, a distance of 1173.59 feet to the southeast corner of said Lot 7; thence S 89 °21'06" W along the south line of said Lot 7, a distance of 698.67 feet; thence 01 °57'57" W along the west line of said Lot 7, a distance of 1157.52 feet; thence N 88 °02'03" E along the north line of said Lot 7, a distance of 698.49 feet to the POINT OF BEGINNING. Said parcel contains 18.69 acres, more or less.