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HomeMy WebLinkAbout09018RESOLUTION NO. 9018 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 56) TO BE CONVEYED TO THE BOEING COMPANY, 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 $95,000 being the appraised value and the proceeds of the sale of Lot 56 (8.85 acres of land) located at Pueblo Memorial Airport and sold to the Boeing Company. 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 Marc_ 22, 2000 BY Robert—Schilling _ Councilperson ATTEST: City erk APPROVED: )'c 4K/ resident of City Council AGREEMENT THIS AGREEMENT made and entered into the 22nd day of May , 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 $95,000 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 1999 -2003 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $95,000 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 2 - 0 +k day of ZL ki e 1 2000. 1 r, By Title President of City Council ATTEST: (SEAL) C -- --- ' CITY ERK fiJ IL CITY ATTORN WITNESSES THE UNITED STATES OF AMERICA By 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 56, 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 S 1 /2 of the NE 1 /4 and the N 1 /2 of the SE 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 NW corner of said Lot 56; thence, along the boundary of said Lot 56 the following six (6) courses: 1. N 88'26'39" E, a distance of 652.32 feet; 2. S 01'33'02" E, a distance of 633.28 feet; 3. S 43 °23'57" W, a distance of 164.42 feet to the right -of -way of Lockheed Street; 4. Westerly, along said right -of -way and along the arc of a curve to the left whose center bears S 71'28'18" W and whose radius is 85.00 feet, a distance of 178.60 feet; 5. N 46 °31'41" W, a distance of 555.07 feet; 6. N 01'33'02" W, a distance of 324.18 feet to the point of beginning. Said Parcel contains 8.85 acres.