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
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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.