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HomeMy WebLinkAbout8643RESOLUTION NO. 8643 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LAND (LOT 36) TO BE CONVEYED TO THE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, 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 $20,000 being the appraised value and the proceeds of the sale of Lot 36 (1.80 acres of land) located at Pueblo Memorial Airport and sold to the Southeastern Colorado Water Conservancy District. 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 22, 1999 BY: Rich Golenda Councilperson APPROVED: . ►1 f-c-- ff /I�-- President of the Council ATTEST: RESOLUTION NO. 8644 f Council Agenda RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA TITLE: AND THE CITY OF PUEBLO FOR RELEASE OF AGENDA ITEM # LAND TO SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT DEPARTMENT: PUEBLO MEMORIAL AIRPORT DATE: MARCH 22, 1999 ISSUE: Agreement from the United States of America for the transfer of property by Deed of Release to the City of Pueblo for sale to the Southeastern Colorado Water Conservancy District. ;_ • r • Approval of the Agreement. BACKGROUND A resolution was passed on July 13, 1998, approving an agreement between the City of Pueblo and the Southeastern Colorado Water Conservancy District relating to the transfer of land (Lot 36) at the Pueblo Memorial Airport (Resolution No. 8454). This agreement with the United States is for the same land. After this agreement is signed and returned to the FAA, the Deed of Release can be approved. FINANCIAL IMPACT A Special Airport Improvement Trust Fund in the amount of $20,000, (which is the appraised value of the land) and the proceeds of the sale of Lot 36 (1.80 acres of land) to the Southeastern Colorado Water Conservancy District, is to be established. Within five years of the date of the Agreement, this sum will be expended for approved Airport Development. AGREEMENT p►PR 6 61999 THIS AGREEMENT made and entered into the 22nd March March , 1999, by and between the UNITED STATES OF AN?M -k arty 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 37 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 $20,000 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 1998 -2002 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $20,000 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 _ day of &1gA e 1 , ' 1999. By Title PX&-k l� rt< CST, ATTEST: (SEAL) CITY ERK CITY AT4bkNEY WITNESSES THE UNITED STATES OF AMERICA B y Manager, Airports District Office Federal Aviation Administration Department of Transportation A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado to -wit: Lot 36, 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 CIerk and Recorder, located within a portion of the W 1 /z of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the NW corner of said Lot 36, Pueblo Memorial Airport Industrial Park Subdivision from which the W 1 /4 corner of said Section 30, Township 20 South, Range 63 West, bears N 45 0 51'25 "W (bearings based on the west line of the SW 1 /4 of said Section 30, the W 1 /4 comer monumented by a brass cap in a cast iron monument box and at the SW corner by an aluminum monument box, P.L.S. No. 16128 to bear N 00 °05'41 "W as established on the recorded plat thereof) a distance of 1598.80 feet; thence N 88 a distance of 285.02 feet to the NE corner of said Lot 36; thence S 01'32'18"E along the east line of said Lot 36, a distance of 274.76 feet to the SE corner of said Lot 36; thence S 88 0 25'20 "W along the south line of said Lot 36 a distance of 285.05 feet to the SW corner of said Lot 36; thence N O1 0 31'52 "W along the west line of said Lot 36, a distance of 274.83 feet to the POINT OF BEGINNING. Said Parcel contains 1.80± acres. WARRANTY DEED THIS DEED, made this 15th day of July, 1999 by and between Pueblo, a Municipal Corporation (herein "City ") and Southeastern Colorado Water Conservancy District, a water conservancy district, organized and existing under the laws of the state of Colorado (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 rtceipt 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 as Lot 36, Pueblo Memorial Airport Industrial Park Subdivision (herein "Property), with all its appurtenances, and warrant the title to the same, 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 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 4,700 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, or at the option of Company, for office purposes, excluding, however, office use by any person or entity who provides services or facilities to any company or business or their employees located in the Pueblo Memorial Airport Industrial Park. 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, chemicals, liquids and other materials generated in or used in the Facility, to include but not be limited to such storage in above - ground tanks or vessels, in compliance with applicable environmental laws. (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 stricture or building shall be constructed or installed nearer than sixty -five (65) feet of the right of way line of 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 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, 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. Parking areas for vehicles and roads on the Property shall be paved. (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. (1) 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 100 - 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 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 lain, regulations, and codes. (k) Company shall not lease or sublet the Property to any person or entity without the prior written consent of the City. which consent will not be unreasonably withheld, provided, however, that the Citv may arbitrarily withhold consent if the lessee or sublessee is a person or entity who provides services or facilities to any company or business or their employees located in the Pueblo Memorial Airport Industrial Park. Notwithstanding the foregoing, City consents to Company leasing or subletting the Property to a local, state or federal agency whose services are directly or indirectly related to the Company's operations and business. (1) Cit}' 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 6,000 square foot office facility (the "Facility ") within two (2) years after the date of this Warranty Deed. If Company does not substantially construct and equip the Facility on the Property within two (2) years after the date of this Warranty Deed, City will have the right of re -entry for nonperformance of this condition and will be entitled to a reconveyance of the Property and delivery of exclusive possession thereto upon repayment to Company of the purchase price paid to City by Company for the Property. 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. The two (2) year period 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. City is hereby granted the right of first refusal to purchase the Property upon the same terms and conditions as Company is willing to sell the Property in a good faith transaction to a third party ( "Third Party Sale "). City shall within thirty (30) days after receipt of written notice from Company of a Third Party Sale, deliver to Company its written agreement to purchase the Property upon the same terms and conditions contained in Company's notice of Third Party Sale ( "City's Agreement ") and the purchase by City shall close within thirty (30) days after Company's receipt of City's Agreement. If City fails to deliver City's Agreement to Company within said 30 -day period after receipt of Company's notice of Third Party Sale, City's right of first refusal hereby granted with respect to such Third Party Sale shall expire and terminate. 7. 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. S. 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. 9. Citv 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, resultin- from any violation thereof or arising out of their enforcement. [S E A L] Title: Secretar SOUTHEASTERN COLORADO WATER C CY DISTRI T Title: President [S E A L] PUEBLO, A MUNICIPAL CORPORATION ATTEST: City Cl COUNTY OF Pueblo ) ss. STATE OF Colorado ) By f P esident of the City Council The foregoing instrument was acknowledged before me this 15th day of July, 1999 by Ralph Adkins as President and Glenn E Everett as Secretary of Southeastern Colorado Water Conservancy District. Witness my hand and official seal. My commission expires: 11/8/2002 [SEAL] COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) J,� I tary Public _ The foregoing instrument was acknowledged before me this day of July, 1999 by �r(Ice, Kn e-.h ter as President of the City Council and as City Clerk of Pueblo, Colorado, a Municipal Corporation. Witness my hand and official seal. My commission expires: [SEAL] FA\FILESTIMAIRPORnSE -W ATER \W DEED. WPD -�