HomeMy WebLinkAbout8455RESOLUTION NO. 8455
A RESOLUTION APPROVING THE TRANSFER OF LAND AT PUEBLO MEMORIAL
AIRPORT INDUSTRIAL PARK TO THE COLORADO STATE BOARD OF LAND
COMMISSIONERS AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE THE SPECIAL WARRANTY DEED RELATING THERETO
WHEREAS, the City of Pueblo (the "City ") and the Pueblo Conservancy District (the
"District ") have filed a quiet title action to clear title to the land (the "Land ") included within
the Historic Arkansas Riverwalk Project (the "HARP "), Civil Action No. 97 CV 42, Division
A, District Court, Pueblo County, Colorado (the "Action "), and
WHEREAS, the Colorado State Board of Land Commissioners (the "State Land
Board ") claims an interest in such Land, and
WHEREAS, the State Land Board, City and District have entered into a stipulation
(the "Stipulation ") to resolve the claim of the State Land Board and the action by
exchanging all of the State Land. Board's interest in the Land for Lot 70, Pueblo Memorial
Airport Industrial Park Subdivision, consisting of 11.26 acres more or less (the "Lot 70 "),
and
WHEREAS, Lot 70 is surplus to the City's needs and such Stipulation and exchange
of land is in the best interests of the City and the HARP. NOW, THEREFORE,
SECTION 1
The Stipulation, a copy of which is attached hereto, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2
The Special Warranty Deed attached to the Stipulation as Exhibit "A" and the
conveyance of Lot 70, Pueblo Memorial Airport Industrial Park to the State Land Board,
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 Special Warranty Deed in the
name of the City and the City Clerk is directed and authorized to affix the seal of the City
thereto and attest same.
INTRODUCED July 13, 1998
BY: Corinne Koehler
Councilperson
APPROVED::
President olVhe G uncil
ATTEST:
DISTRICT COURT, PUEBLO COUNTY, COLORADO
Case No. 97 CV 342 DIVISION A
STIPULATION BETWEEN PLAINTIFFS AND DEFENDANTS COLORADO STATE
BOARD OF LAND COMMISSIONERS AND STATE OF COLORADO
CITY OF PUEBLO, a Municipal Corporation and
THE PUEBLO CONSERVANCY DISTRICT,
Plaintiffs,
V.
DAVID BARNELL, et al.,
Defendants.
COME NOW the Plaintiffs City Of Pueblo, a Municipal Corporation (the "City ") and
The Pueblo Conservancy District (the "District" and collectively "Pueblo') by and through
their attorneys as noted below and the Defendants Colorado State Board of Land
Commissioners and State of Colorado (collectively the "Board ") by and through the Attorney
General and the undersigned Assistant Attorney General, and hereby stipulate and agree as
follows:
On June 6, 1997, Pueblo filed the First Amended Complaint Under Rule 105 alleging
fee simple ownership and seeking to quiet title to the real property that is subject to
this action. On February 27, 1998, the Board filed its Answer and Counterclaims
alleging fee simple ownership and seeking to quiet title to a portion of the real
property that is subject to this action.
2. This matter is scheduled for trial beginning June 30, 1998.
3. The parties acknowledge that the Board asserts its claims in good faith and that
Pueblo disputes the Board's claims.
4. The parties desire to resolve their dispute in an amicable fashion in an effort to
encourage the completion of the Historic Arkansas River Project.
vuiu -
25
5. The City agrees to convey to the Board, within 60 days after signing of this
Stipulation by all parties, title to Lot 70, Pueblo Memorial Airport Industrial Park
Subdivision, Pueblo County, Colorado, consisting of 11.26 acres more or less (the
"Land ") by Special Warranty Deed in form and content attached hereto as Exhibit
"A" (the "Special Warranty Deed ").
The Board acknowledges and agrees that the Land is subject to the conditions and
reservations contained in the Quit Claim Deed from the United States of America to
the City of Pueblo, dated June 20, 1948 and recorded in Book 1074 at page 87 of the
records of the Pueblo County Clerk and Recorder (the "Quit Claim Deed ").
Immediately upon signing of this Stipulation by all parties, the City will file
appropriate documents with the Federal Aviation Administration to obtain a Deed of
Release, releasing the Land from the conditions and restrictions of the Quit Claim
Deed and will diligently pursue issuance of such release.
The Board acknowledges and agrees that the Land will be conveyed and transferred
by the City "AS IS" and "WHERE IS" without any representation or warranty by the
City as to the quality, quantity or condition of the Land, either environmental or
otherwise.
6. The conveyance of the Land is conditioned upon the Board receiving a satisfactory
phase I, and if necessary, a phase II environmental assessment at the Board's sole
expense.
If the environmental assessment is unsatisfactory, as determined by the Board in its
sole discretion, then upon written notice to the City by the Board, the City and the
Board shall identify another parcel of land of comparable value at Pueblo Memorial
Airport Industrial Park Subdivision, Pueblo County, Colorado that is acceptable to
both the Board and the City, and such land shall be subject to all the terms and
conditions of this Stipulation, or the Board and the City may agree to an alternative
remedy of comparable value.
7. The City states that it has the authority to and shall not enforce the Restrictive
Covenant provided for in paragraph 4(h) of the Special Warranty Deed against the
Board until such time that the Board leases, sales, exchanges, or otherwise conveys or
disposes of the Land.
8. The Board stipulates to the entry of an Order Quieting Title of the real property that is
the subject of this action that is not inconsistent nor less restrictive than the form
attached hereto as Exhibit "B ". The proposed Order Quieting Title shall specify that
2
Pueblo and the Board entered this Stipulation to resolve the issues stated herein.
9. The Board shall remain on the mailing list in this case and shall be provided with a
copy of any proposed Order Quieting Title in this matter. The Board agrees not to
oppose the entry to any proposed Order Quieting Title that is consistent with this
stipulation.
10. The parties agree that this Stipulation resolves all issues of fact raised in the Board's
Answer and Counterclaims, and that Pueblo does not need to disprove any issues of
fact raised in the Board's Answer and Counterclaims.
11. The parties will cooperate with each other and with any further requirements of the
Court for the purpose of allowing Pueblo to obtain a Quiet Title Decree to the
property described in Plaintiff's First Amended Complaint.
12. Should Pueblo breach any term or condition hereof, both the City and the District
shall be liable and responsible to the Board for reasonable attorneys fees and costs in
securing specific performance of this agreement or damages at the discretion of the
Board.
13. Except as provided herein, each party shall be responsible for its own attorney fees
and costs.
14. This Stipulation shall be binding on the parties, their successors and assigns and may
be recorded by the Board in the records of the Recorder of Pueblo County, Colorado
to give notice of their claim to the title to the real property described on Exhibit "A ".
Dated this Pt5 4 day of June, 1998.
CITY OF PUEBLO,
a Municipal Corporation
by
3
THE PUEBLO CONSERVANCY DISTRICT
by
THE STATE BOI OF LAND
COMMISSIONERS OF THE STATE OF
Approved as to form:
GALE A. NORTON
Attorney General
MARTHA PHILLIPS ALLBRIGHT
Chief Deputy Attorney General
RICHARD A. WESTFALL
Solicitor General
JOSEPH C. SMITH, JR.
Deputy Attorney General
CHERYL A. LINDEN
First Assistant Attorney General
D. EDGAR HAMRICK, 24586*
Assistant Attorney General
Natural Resources Section
11
COLORADO
Attorneys for State Board of Land
Commissioners and the State of Colorado
1525 Sherman Street, 5th Floor
Denver, Colorado 80203
Telephone: (303) 866 -5040
FAX: (303) 866 -3558
*Counsel of Record
Thomas E. Jaggef;:i 3
Attorney for Plaintiff,
The City of Pueblo
127 Thatcher Building
Pueblo, CO 81003
Telephone: (719) 545 -4412
BANNER, BUXMAN, ENCK & OHLSEN, P.C.
Donald J. Banner, 3026
Attorney for Plaintiff,
The Pueblo Conservancy District
601 N. Main Street, Suite 200
Pueblo, CO 81003 -1423
Telephone: (719) 544 -5081
AG ALPHA: NR LC IEAKE
AG FILE: P: \NR\NRHAMRDE\PUEBLOQnSTIPULTN .DOC
5
I 1
1276044 04/26/1999 12:09P WD Chris C. Munoz
1 of 3 R 26.00 D 0.00 Pueblo C!y Clk & Rec.
SPECIAL WARRANTY DEED
THIS DEED, made this 27 day of July , 1998 by and between Pueblo,
a Municipal Corporation (herein "City ") and the Colorado State Board of Land Commissioners
(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,
ID
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 as Lot 70, Pueblo Memorial Airport Industrial Park Subdivision (herein
"Property), with all its appurtenances, and City will warrant and forever defend the Property in the
quiet and peaceable possession of the Company, its successors and assigns, against all and every
person or persons claiming the whole or any part thereof, by, through or under the City, subject to
easements, rights of way, conditions, 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 the 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
1
1276044 04/26/1999 12:09P WD Chris C. Munoz
2 of S R 26.00 D 0.00 Pueblo Cty Clk & Rec.
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
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 4,690 feet above the mean sea level. In the event this covenant is breached, City reserves
the right to enter upon the Property and at the expense of the Company to remove the offending
structure or object and to cut the offending growth.
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.
4. The Property and its use are further subject to the following Restrictive Covenants:
(a) The Property may be used only for manufacturing purposes and incidental
office uses. The Property shall not be used for smelting or plating operations, or for the storage or
processing of putrescible materials, or for any purpose or business which constitutes a nuisance, or
which exceeds the state air pollution control standards for the facility on the Property. 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 sixty -five
(65) feet of the right of way line of United Avenue, and 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 United Avenue, and fifteen (15) feet adjacent
to other abutting streets. Minimum side yards set -backs shall be twenty -five (25) feet.
-2-
1
1276044
04/26/1999 12:09P WD
Chris C.
Munoz
3 of 5
R 26.00 D 0.00 Pueblo
Cty Clk
& Rec.
(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, rubbish,
debris and trash, and enclose and screen from public view all outside storage and unsightly areas of
the Property.
(0 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 and may modify, increase, or decrease the
annual combined service fee provided (i) such services and fee shall be non - discriminatory among
other 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. If 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.
(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
its best efforts to assure that all buildings constructed on the Property will be architecturally and
-3-
111111111111111111111111111111111111111111111111111111
1276044 04/26/1999 12:09P WD Chris C. Munoz
4 of 6 R 26.00 D 0.00 Pueblo Cty Clk & Rae.
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. 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.
6. Invalidation of any one of the foregoing covenants, conditions, restrictions or
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.
7. City shall have the right to enforce the restrictions, covenants and conditions hereof
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 A L]
COLORADO STATE BOARD OF
L CO SI 1�ERS
B
Title: Ple5ihilt c! i -46:5i�. -
PUEBLO, A MUNICIPAL CORPORATION
By &22�� , a 'd
President of th I ity C &ncil
In
.• • 'r J I IlI�U �'I'I II�I� �II' III ���'I"'I IIII�I III I�III VIII III
1276044 04/26/1999 12:09P WD Chris C. Munoz
Cc �{� a� S of S R 26.00 D 0.00 Pueblo Cty Clk $ Roe.
COUNTY OF dJ e ✓t %,I E r
STATE OF C, I D y 6r t, ss.
The foregoing instrument was acknowledged before me this 2 day of
1998 b To L+, • CU , Swct �sc� as e c' wf �l and 4a v
y c s (r C try
as.— ; r oc - t;;F of Colorado State Board of Land Commissioners.
}� L
S�.
ion expires: u 6
COUNTY OF PUEBLO )
STATE OF COLORADO ) ss.
The foregoing instrument was acknowledged before me this 29th day of July ,
1998 by cath A. Gar .i a as President of the City Council and Gina Dutcher
as City Clerk of Pueblo, Colorado, a Municipal Corporation.
Witness my hand and official seal.
ess my hand and official seal.
expires: 8 -21 -99
Notary Public
F:\ FI LES\ CITYkAIRPOR 'ALANDBORD\SPCLWD.WPD -5-