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HomeMy WebLinkAbout08957RESOLUTION NO. 8957 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 40) TO BE CONVEYED TO UNIVERSAL BOILER WORKS, 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 $69,500 being the appraised value and the proceeds of the sale of Lot 40 (4.71 acres of land) located at Pueblo Memorial Airport and sold to Universal Boiler Works. 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 27, 2000 BY Robert Schilling Councilperson ATTEST: V City rk P esident of City Council Council Agenda RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA TITLE: AND THE CITY OF PUEBLO FOR RELEASE OF LAND TO UNIVERSAL BOILER WORKS AGENDA ITEM # DEPARTMENT: PUEBLO MEMORIAL AIRPORT DATE: MARCH 27, 2000 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 Universal Boiler Works. RECOMMENDATION Approval of the Agreement. BACKGROUND A resolution was passed on May 24, 1999, approving an agreement between the City of Pueblo and Universal Boiler Works relating to the transfer of land (Lot 40) at the Pueblo Memorial Airport (Resolution No. 8710). 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 $69,500, (which is the appraised value of the land) and the proceeds of the sale of Lot 40 (4.71 acres of land) to Universal Boiler Works, is to be established. Within five years of the date of the Agreement, this sum will be expended for approved Airport Development. AGREEMENT THIS AGREEMENT made and entered into the "day -of" V K ne , 2000, 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 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 $69,500 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 1999 -2003 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $69,500 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 'F fh day of , L ,- e , 2000. l By Title President of City rounri ATTEST: (SEAL) — P"�' CITY ERK , CITY ATTORNEY- WITNESSES THE UNITED STATES OF AMERICA 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 40, Pueblo Memorial Airport Industrial Park Subdivision filed for record in Book 2836 at Pages 665 -670 in the records of the Pueblo County Clerk and Recorder, located within a portion of the W 1 /4 of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian, Pueblo County, Colorado, being more particularly described as follows: BEGINNING at the SW corner of said Lot 40; thence, along the boundary of said Lot 40 the following four (4) courses: 1. N 01'31'52" W, along the east right -of -way line of Reyes Street, a distance of 360.34 feet; 2. N 88 E, a distance of 569.63 feet to the west right -of -way line of Fairchild Street; 3. S 01 °3347" E, along said west right -of -way line, a distance of 360.30 feet to the north right -of -way line of Excellence Avenue; 4. S 88 °27'57" W, along said north right -of -way line, a distance of 569.83 feet to the point of beginning. Said Parcel contains 4.71 acres.