HomeMy WebLinkAbout8505RESOLUTION NO. 8505
A RESOLUTION APPROVING A QUIT CLAIM DEED
TRANSFERRING LAND AT THE PUEBLO MEMORIAL
INDUSTRIAL PARK TO PUEBLO DEVELOPMENT FOUNDA-
TION RELATING TO THE JOB CREATING CAPITAL
IMPROVEMENT PROJECT WITH HADDONSTONE (USA) LTD.
AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
WHEREAS, the City by Agreement dated May 28, 1996 agreed to convey to Pueblo
Development Foundation ( "PDF ") approximately 2.6 acres of Lot 43, Pueblo Memorial Airport
Industrial Park to be included as part of the leased premises under the June 6, 1996 Lease between
PDF and Haddonstone (USA) Ltd. upon completion of a lot line rearrangement for such purpose,
and
WHEREAS, the lot line rearrangement has been completed, and
WHEREAS, the land described in the attached Quit Claim Deed is surplus to City's needs.
NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Quit Claim Deed 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 Quit Claim Deed in the name of the City and the City Clerk is authorized and
directed to affix the seal of the City thereto and attest same.
ATTEST:
PA.
City Cl
INTRODUCED: August 10, 1998
By John Verna
Councilperson
APPROVED:
President oft ity Council
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QUIT CLAIM DEED
THIS DEED, made this 10th day of August, 1998 by and between Pueblo, a municipal
corporation, (herein "City ") and Pueblo Development Foundation, a Colorado nonprofit 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, conveyed and quitclaimed, and by these presents does
grant, bargain, sell, convey and quitclaim unto the Company, its successors and assigns forever, all
of the right, title, claim and demand which the City has in and to the real property situate, lying and
being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, described as Parcel "A ",
Lot Line Rearrangement No. 97 -09, a vacation and replat of the common lot line between Lots 43
and 44, Pueblo Memorial Airport Industrial Park Subdivision, Section 30, Township 20 South,
Range 63 West, County of Pueblo, State of Colorado, recorded as Reception No. 1227647, 17A Plat,
on July 8, 1998 of the records of the Pueblo County Clerk and Recorder, and improvements thereon
(herein "Property), with all its appurtenances, subject to easements, rights of way, restrictions and
reservations of record 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 Pueblo, a Municipal Corporation
(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,
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together with the right to cause in the airspace above the surface of the Property such noise as may
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 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 at the expense of the Company to remove the offending structure
or object and to cut the offending growth.
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 industrial and manufacturing facilities
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. 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 raw materials,
inventory, manufactured products or 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 or thirty -five (35) feet of the right of way line
of any other abutting streets. There must be installed and maintained a minimum thirty -five (35)
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foot strip of living landscaped ground along and adjacent to United Avenue and twenty -five (25)
feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty -five (25) feet.
(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, provided that waste, rubbish, debris or trash produced on -site may be
temporarily stored on the Property before being properly disposed of off -site if adequately screened
and contained. Company shall 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 and may 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. Wastewater 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
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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 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.
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[SEAL]
ATTEST:
I IN W-.! % -*--*w _-Z J W-7 0
r
PUEBLO DEVELOPMENT FOUNDATION
President
PUEBLO, A MUNICIPAL CORPORATION
By' -t
President of thef ity council
I"
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COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO 1
The foregoing instrument was acknowledged before me this e d ay of
19 , by _ - {t, - as President and c c, Secretary
of P,Ap" Q, eve opment Foundation, a Colorado nonprofit corporation.
y and official seal.
�+ fA� � expires: z o o c�
P U b\'
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
�
Notary Public
The foregoing instrument was acknowledged before me this day of August ,
1998 by Cathy A. Garcia as President of the City Council and Gina Dutcher
as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
, �,�•rommission expires: 8 -21 -99
Notary Public
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