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HomeMy WebLinkAbout8270RESOLUTION NO. 8270 A RESOLUTION APPROVING A WARRANTY DEED CONVEYING LAND AT THE PUEBLO MUNICIPAL AIRPORT INDUSTRIAL PARK TO ATLAS PACIFIC ENGINEERING COMPANY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo and Atlas Pacific Engineering Company (the "Company ") entered into an Agreement for a job creating capital improvement project dated February 13, 1995 whereby City agreed to convey to Company Lots 26, 27 and 28, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County, Colorado (the "Land "), and WHEREAS, Company incurred costs in removing asbestos from the Land and has requested City to reimburse $30,000 of such costs in the event Company becomes obligated to reconvey the Land to City if it fails to construct a 50,000 square foot manufacturing facility on the Land on or before February 17, 2002, and WHEREAS, City is willing to convey title to the Property to Company subject to the foregoing conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Warranty Deed dated October 30, 1997 conveying title to the Property to Company, attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Warranty Deed in the name of the City and the City Clerk is directed to affix the seal of the City thereto, attest same, and cause the Warranty Deed to be recorded in the office of the Pueblo County Clerk and Recorder. SECTION 2 The original Warranty Deed conveying title to the Land to Company dated February 15, 1995 approved by Resolution No. 7560 and executed by the President of the City Council but not the officers of Company is hereby canceled and revoked. ATTEST: City Cle INTRODUCED: November 24, 1997 By Al Q' In31P Councilperson APPROVED: President of # City ouncil -2- I111111 III 11111 IIII IIII 1195863 12/03/1997 02:38P 83062 P262 WD 1 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. WARRANTY DEED Qcflf6.t'_ THIS DEED, made this .36' day of Jae, 1997 by and between Pueblo, a Municipal ail Corporation(herein "City")and Atlas Pacific Engineering Company, a Delaware corporation (herein J "Company"), WITNESSETH: m;+�- v` a E o That City for and in consideration of the sum of $10.00 and other good and valuable "m consideration to City in hand paid by the Company, the receipt whereof is hereby confessed and '"o mmo acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, g�Y N sell, convey and confirm unto the Company, its successors and assigns forever, all the real property Nr-N o� situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more :!.'"��~ L1 m°r° N particularly described in Exhibit "A" attached hereto and incorporated herein (herein "Property), Na" at with all its appurtenances, and warrant the title to the same, subject to easements, rights of way, restrictions and reservations of record and easements for existing utilities, sanitary sewer, water, irrigation and natural gas lines on, over or under the Property and to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the O benefit of the City, its successors and assigns. v 1. City reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above the surface of the Property such noise as be inherent in the operation of any aircraft now known or hereafter used for navigation of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off f I I"' 6JJ ! I'J'0W!!U !&JhI' iPij! II "III'IIIIII II II'I I"I 44. 19583 203/ 9 2 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than 4,684 feet above the mean sea level. _= MI 3. Company expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. In the event this covenant is breached, G. ai- 7. °- n City reserves the right to enter upon the Property at the expense of the Company to remove the oma rm N L offending structure or object and to cut the offending growth. N o _ N LS m U NMOL 4. The Property and its use are further subject to the following Restrictive Covenants: N� m . I N u (a) The Property may be used only for industrial and manufacturing facilities mw� and incidental office and warehouse uses. The Property shall not be used for smelting or plating operations, or for the storage or processing of putrescible materials, other than fruits and vegetables m a v used in the manufacturing and testing of equipment, or for any purpose or business which constitutes N a c a nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or diesel fuel used in connection with the business conducted on the Property but not for sale at retail or wholesale may be stored on the Property in an environmentally sound manner. (b) Outdoor storage shall not be permitted except for storage of equipment used in the facility. Parking areas for vehicles and roads on the Property shall be paved. (c) The Property shall not be subdivided and no building or structure over sixty (60) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than seventy- five(75)feet of the right of way line of Keeler Parkway or United Avenue, or twenty-five (25) feet of the right of way line of any other abutting streets. There must be installed and maintained a minimum thirty-five (35) foot strip of living landscaped ground along and adjacent to Keeler Parkway and United Avenue, and twenty-five(25)feet adjacent to other abutting streets. Minimum side yards set-backs shall be twenty-five (25) feet. Vehicular access to and from the Property and United Avenue and Keeler Parkway is prohibited. (e) Company shall keep and maintain the Property and all buildings , landscaping and improvements located thereon in a good, clean, safe and orderly condition free of waste, -2- 111111111111111111111111111111111111111 III 1111111111111 • 1195863 12/03/1997 02:38P B3062 P264 WD 3 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. rubbish, debris and trash, and enclose and screen from public view all outside storage and unsightly areas of the Property. (f) Company shall comply with notifications and review requirements of the Federal Aviation Administration prior to the construction, modification or alteration of any building or structure on the Property. (g) Company shall, at its own expense, cause all utilities and roads used or to be used on the Property to be extended from adjacent streets, installed on the Property, and kept and maintained in good order and condition. (h) Company shall pay to City a combined service fee for services and facilities Q now furnished by City at the Pueblo Memorial Airport, namely: public street maintenance, fire a� protection, and street lighting based upon$295.00 per acre per annum payable monthly for each acre Ema of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or all of the services or facilities presently being furnished in which case the combined service fee will m o m be reasonably reduced as appropriate to reflect the reduced level of services, and may otherwise NMS modify, increase, or decrease the annual combined service fee provided (i) such services and fee g shall be non-discriminatory among other tenants and owners of land at Pueblo Memorial Airport g receiving such services and facilities, and(ii) such fee shall be reasonable in relation to City's actual mw� cost and expense of furnishing the services and facilities then being furnished. City's cost may a„%W include the cost of capital improvements amortized over the useful life of the improvements. Waste ,E4;;; water discharged from the Property is transported to and treated at City's waste water treatment U-8'111 facilities, Company and the waste water so transported and treated are subject to the same restrictions, limitations, conditions, fees, and charges as other users of City's sanitary sewer system and facilities. Company shall only discharge domestic waste water into the City's sanitary sewer system. (i) Company shall provide for storm water drainage which shall include the construction and installation of storm water detention facilities on the Property. The detention facility shall be capable of storing the developed on-site runoff from a 100-year frequency storm. The maximum release rate from the detention facility at the ponding depth corresponding to the 10- year volume shall be .30 cfs/acre and 1.00 cfs/acre for the 100-year ponding depth. All calculations and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of discharge from the detention facility shall be at a location approved by the Director of Public Works. (j) Before commencing the construction, installation or alteration of any building, structure, parking facility, outdoor sign, or other permanent improvement, or landscaping on the Property, the Company shall submit to and have approved by the City in writing the site plans and plans and specifications therefor. City's approval will not be unreasonably withheld. In the event the City or its designated representatives shall fail to approve or disapprove such plans and specifications within twenty-five(25)working days after they have been submitted to the City, such approval will not be required and this covenant will be deemed to have been complied with. Company shall use commercially reasonably efforts to assure that all buildings constructed on the -3- 181 • 111111111111111111111111111111111111111 III 1111111111111 1195863 12/03/1997 02:38P B3062 P265 WD • 4 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. Property will be architecturally and aesthetically compatible with buildings constructed at the Pueblo Memorial Airport industrial park since 1985. All buildings, improvements and activities on the Property shall be constructed and conducted in compliance with all applicable federal, state and local law, regulations, and codes. (k) City reserves the right to waive all or any part of these Restrictive Covenants. 5. This Warranty Deed and conveyance of the Property to Company are made upon the 34r express condition that Company will construct on the Property an approximately 50,000 square foot m�; manufacturing facility (the "Facility") on or before February 17, 2002. If Company does not � , Nmay construct the Facility on the Property on or before February 17, 2002, City will have the right of re- N o z- mmoki entry for nonperformance of the condition and will be entitled to a reconveyance of the Property and N �` Na"T delivery of exclusive possession thereto. In that event, Company's reconveyance and delivery of NNS mw`21. 0 exclusive possession to City of the Property will be conveyed by Special Warranty Deed and will .r.ro taL mciv be free and clear of all claims, liens and encumbrances which would be enforceable against the f;', Property and which are attributable to the acts or omissions of Company or those claiming through Company. Upon City's receipt of the Special Warranty Deed duly executed and acknowledged together with satisfactory evidence of title meeting the above conditions, City will pay to Company the sum of$30,000 as reimbursement for Company's cost incurred in removing asbestos from the Property. The date of February 17, 2002 specified above may be extended by instrument duly executed and acknowledged by Company and City and recorded in the records of the Pueblo County Clerk and Recorder. 6. At the request of City, Company shall meet and in good faith confer with City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof, including without limitation, the Property becomes eligible for annexation. 7. Invalidation of any one of the foregoing covenants, conditions, restrictions or -4- • 1195863 12/03/1997 02:38P B3062 P266 WD . I111111 1111111111 111111 1111 11111 HEM 11111 11111111 5 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. reservations by judgment or court order or otherwise shall not affect any of the other of said covenants, reservations, restrictions or conditions which shall remain in full force and effect. S. City shall have the right to enforce the restrictions, covenants and conditions hereof MI by injunction or other lawful procedure and to recover damages, costs, expenses, including ml reasonable attorney fees, resulting from any violation thereof or arising out of their enforcement. a- ATLAS PACIFIC ENGINEERING qsM [ ,E'���CJ Fyr • / COMPANY a�-o4°ile� :al- .-AT DEPS 7 • ( B — 1.1-.5' 31 \ L • i r-:41!.;:-„..„ !Vice President & Pres nt N0a= '•.p .- . . . �;441 Treasurer eros •.E'f4W0,P �.• NMg&DIALS tt "CAP,,•�o PUEBLO, A MUNICIPAL CORPORATION N By � s.t4/ t itybC ,� k President o e C' y Council m .. Vt.' .0,101� N A-•= i,. v1. �it4 0• 1.,, ) SS. STATE OF CO _o po ) The foregoing instrument was acknowledged before me this 36714 day of GcroB£.gs. , 1997by Ei I 1<. WNctt, as President and 'ict1.4.4,143 4. $oe.Rusc,e as-SeeFetarii of Atlas Pacific Engineering Company, a Delaware corporation. U«-E-Fl s faE.v r• 6 Titedis H.eE4. .v. k)"Ate-itness my hand and official seal. .4(...(/�. 4 tkft• �. Cy' — D ANNETTE q 3nL',}� w � 0 � csmmission expires: 3 /- e . . Mr COMPi z 0'4 Exr•}FES yam- P u0" tf 3/01/1505 o 'cr4 S•E Ace)' et-oi-g- e-Z - C VgA-4e-t-1-4-7.4_, Notary Public COUNTY OF PUEBLO ) STATE OF COLORADO )ss. The foregoing instrument was acknowledged before me this anA day oflOpce,mber , 19 97 by Cathy A. Garcia as President of the City Council and Gi na Dutcher as City Clerk of Pueblo, Colorado, a Municipal Corporation. -5- '• > , . . 1111111 11111 11111 111111 111111 11111 11111 11111111111! liii 1195863 12/03/1997 02:38P B3062 P267 WD Witness my hand and official seal. 6 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Ree. 10 3 r S ; & .••\ `' ' mission expires: (o/a6�99 0 •:. AifBL� t 0 ` otary Public l4.' ...... •0 :4/ o7cod.. 2210714 01/29/2021 02:17:56 PM Page: 6 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 kilrni'iii14litINV IA'•fkiri illi 1iiNfiKAllyi, 1I III -6- 1:\CITY\A \W IRPORT\ATLASPACDEED.WPD 1111111 11111 11111 111111 111111 11111 11111 111 11111 1111 1111 11957 of 673R136.001D0.00Pueblo Cty Ck & 97 � O62 PS8 DRec. EXHIBIT "A" plc,Aa r;a Lots 26, 27 and 28, Pueblo_Munisipel-Airport Industrial Park Subdivision 2210714 01/29/2021 02:17:56 PM Page: 7 .0 D 0.0 43.00 Gilbert Ortofiz7 CleR rk/43Record0er. Pue0 blo T County, Co 1111 kr.? HiINMiftiFYti1, DU NiAA 11111 1 1 1195863 12/03/1997 02:38P 83062 P262 WD 1 of 7 R 36.00 D 0.00 Pueblo Cty Clk 8 Rec. WARRANTY DEED (�cros rp THIS DEED, made thi t� day of 3tH+e, 1997 by and between Pueblo, a Municipal Corporation (herein "City ") and Atlas Pacific Engineering Company, a Delaware corporation (herein "Company "), WITNESSETH: That City for and in consideration of the sum of $10.00 and other good and valuable consideration to City in hand paid by the Company, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Company, its successors and assigns forever, all the real property situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more particularly described in Exhibit "A" attached hereto and incorporated herein (herein 'Property), with all its appurtenances, and warrant the title to the same, subject to easements, rights of way, restrictions and reservations of record and easements for existing utilities, sanitary sewer, water, irrigation and natural gas lines on, over or under the Property and to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the benefit of the City, its successors and assigns. 1. City reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above the surface of the Property such noise as be inherent in the operation of any aircraft now known or hereafter used for navigation of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off 111111111111111111111111111111111111111111 1111111111111 95863 12/03/1997 02.38P 83062 P263 WD 2 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than 4,684 feet above the mean sea level. Company expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. In the event this covenant is breached, City reserves the right to enter upon the Property at the expense of the Company to remove the offending structure or object and to cut the offending growth. 4. The Property and its use are further subject to the following Restrictive Covenants: (a) The Property may be used only for industrial and manufacturing facilities and incidental office and warehouse uses. The Property shall not be used for smelting or plating operations, or for the storage or processing of putrescible materials, other than fruits and vegetables used in the manufacturing and testing of equipment, or for any purpose or business which constitutes a nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or diesel fuel used in connection with the business conducted on the Property but not for sale at retail or wholesale may be stored on the Property in an environmentally sound manner. (b) Outdoor storage shall not be permitted except for storage of equipment used in the facility. Parking areas for vehicles and roads on the Property shall be paved. (c) The Property shall not be subdivided and no building or structure over sixty (60) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than seventy - five (75) feet of the right of way line of Keeler Parkway or United Avenue, or twenty -five (25) feet of the right of way line of any other abutting streets. There must be installed and maintained a minimum thirty -five (35) foot strip of living landscaped ground along and adjacent to Keeler Parkway and United Avenue, and twenty -five (25) feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty -five (25) feet. Vehicular access to and from the Property and United Avenue and Keeler Parkway is prohibited. (e) Company shall keep and maintain the Property and all buildings, landscaping and improvements located thereon in a good, clean, safe and orderly condition free of waste, -2- 1 1 1195863 12/03/1997 02:38P 83062 P264 WD 3 of 7 R 36.00 D 0.00 Pueblo C!y Clk 8 Rec. rubbish, debris and trash, and enclose and screen from public view all outside storage and unsightly areas of the Property. (f) Company shall comply with notifications and review requirements of the Federal Aviation Administration prior to the construction, modification or alteration of any building or structure on the Property. (g) Company shall, at its own expense, cause all utilities and roads used or to be used on the Property to be extended from adjacent streets, installed on the Property, and kept and maintained in good order and condition. (h) Company shall pay to City a combined service fee for services and facilities now furnished by City at the Pueblo Memorial Airport, namely: public street maintenance, fire protection, and street lighting based upon $295.00 per acre per annum payable monthly for each acre of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or all of the services or facilities presently being furnished in which case the combined service fee will be reasonably reduced as appropriate to reflect the reduced level of services, and may otherwise modify, increase, or decrease the annual combined service fee provided (i) such services and fee shall be non - discriminatory among other tenants and owners of land at Pueblo Memorial Airport receiving such services and facilities, and (ii) such fee shall be reasonable in relation to City's actual cost and expense of furnishing the services and facilities then being furnished. City's cost may include the cost of capital improvements amortized over the useful life of the improvements. Waste water discharged from the Property is transported to and treated at City's waste water treatment facilities, Company and the waste water so transported and treated are subject to the same restrictions, limitations, conditions, fees, and charges as other users of City's sanitary sewer system and facilities. Company shall only discharge domestic waste water into the City's sanitary sewer system. (i) Company shall provide for storm water drainage which shall include the construction and installation of storm water detention facilities on the Property. The detention facility shall be capable of storing the developed on -site runoff from a 100 -year frequency storm. The maximum release rate from the detention facility at the ponding depth corresponding to the 10- year volume shall be 30 cfs /acre and 1.00 cfs /acre for the 100 -year ponding depth. All calculations and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of discharge from the detention facility shall be at a location approved by the Director of Public Works. 0) Before commencing the construction, installation or alteration of any building, structure, parking facility, outdoor sign, or other permanent improvement, or landscaping on the Property, the Company shall submit to and have approved by the City in writing the site plans and plans and specifications therefor. City's approval will not be unreasonably withheld. In the event the City or its designated representatives shall fail to approve or disapprove such plans and specifications within twenty -five (25) working days after they have been submitted to the City, such approval will not be required and this covenant will be deemed to have been complied with. Company shall use commercially reasonably efforts to assure that all buildings constructed on the -3- 1 1195863 12/03/1997 02:38P 83062 P265 WD 4 of 7 R 36.00 D 0.00 Pueblo Cty Clk 8 Rec. Property will be architecturally and aesthetically compatible with buildings constructed at the Pueblo Memorial Airport industrial park since 1985. All buildings, improvements and activities on the Property shall be constructed and conducted in compliance with all applicable federal, state and local law, regulations, and codes. (k) City reserves the right to waive all or any part of these Restrictive Covenants. 5. This Warranty Deed and conveyance of the Property to Company are made upon the express condition that Company will construct on the Property an approximately 50,000 square foot manufacturing facility (the "Facility ") on or before February 17, 2002. If Company does not construct the Facility on the Property on or before February 17, 2002, City will have the right of re- entry for nonperformance of the condition and will be entitled to a reconveyance of the Property and delivery of exclusive possession thereto. In that event, Company's reconveyance and delivery of exclusive possession to City of the Property will be conveyed by Special Warranty Deed and will be free and clear of all claims, liens and encumbrances which would be enforceable against the Property and which are attributable to the acts or omissions of Company or those claiming through Company. Upon City's receipt of the Special Warranty Deed duly executed and acknowledged together with satisfactory evidence of title meeting the above conditions, City will pay to Company the sum of $30,000 as reimbursement for Company's cost incurred in removing asbestos from the Property. The date of February 17, 2002 specified above may be extended by instrument duly executed and acknowledged by Company and City and recorded in the records of the Pueblo County Clerk and Recorder. 6. At the request of City, Company shall meet and in good faith confer with City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof, including without limitation, the Property becomes eligible for annexation. 7. Invalidation of any one of the foregoing covenants, conditions, restrictions or 111111111111 1195863 12/03/1997 02:38P 83062 P266 WD 5 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. reservations by judgment or court order or otherwise shall not affect any of the other of said covenants, reservations, restrictions or conditions which shall remain in full force and effect. 8. City shall have the right to enforce the restrictions, covenants and conditions hereof = }-. W by injunction or other lawful procedure and to recover damages, costs, expenses, including reasonable attorney fees, resulting from any violation thereof or arising out of their enforcement. S•'E��'�� F ,, / yy� Q R I .A I'-T R, fit AM 1 �0 ice President & Treasurer ss. ATLAS PACIFIC ENGINEERING COMPANY By Pres nt PUEBLO, A MUNICIPAL CORPORATION By ljtd(—� a4 President o (he C' y Council The foregoing instrument was acknowledged before me this 3 day of C)CT-66iLk 19 y EA1 Le,� £"ructr, as President and os-AA)S4 as4eefe of Atlas Pacific Engineering Company, a Delaware corporation. V Fxrts 10 *A1 r e Tit s &V'e -E -v, �ilUkt4itness my hand and official seal. `.aanmission expires: Cl A o COUNTY OF PUEBLO ) STATE OF COLORADO ) ) SS. ANNETTF -7 FA CCMN111 , mat �rEU 3 /0 i; S� "-;QQ Notary Public The foregoing instrument was acknowledged before me this and day of �')eGeyy\,er - 19_97by Cathy A. Garcia as President of the City Council and _Gina Dutcher as City Clerk of Pueblo, Colorado, a Municipal Corporation. -5- STE OF G04-4)&,jq.-po Witness my hanc mission r rp4 I IIIIII IIIII i IIIIII i IIIII IIIII Ill IIIII 1195863 12/03/1997 02:38P 83062 P267 WD and official seal. 6 of 7 R 36.00 D 0.00 Pueblo Cty C l k & expires: Rec. J: \CITY\AIRPOR'MTLASPAC\WDEED.WPD _6 1 11 111 11111111111111111111111 11111 11111111 1111111111111 7 of 8 7 3 8 1 36.00 D 0.00 Puebla Cty Ck & 19 � P S D Rec. EXHIBIT "A" Lots 26, 27 and 28, Pueblo Municipal Airport Industrial Park Subdivision