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HomeMy WebLinkAbout09329RESOLUTION NO. a,�2g A RESOLUTION APPROVING AN AGREEMENT BET'Vy'EENT THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LAND (PARCEL A, LOT 1) TO BE CONVEYED TO UTILICORP UNITED, 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 $15,000.00, being the appraised value and the proceeds of the sale of Parcel A, Lot 1 (0.86 acres of land) located at Pueblo Memorial Airport and sold to UtiliCorp United. 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 City 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: June 252001 BY: Cbrinne Koehler DOW&GIM0 IDENT OF CITY COUNCIL ATTESTED BY: ��,�.5im9. TY CLERK AGREEMENT THIS AGREEMENT made and entered into the 25th day of June , 2001, 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 38 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 $15,000 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 2001 -2005 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $15,000 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 25th day of June , 2 -Q01. itle President of City Cou 1 ATTEST: (SEAL) t CITY ERK CITY ATTOR14E'Y' WITNESSES THE UNITED STATES OF AMERICA By Manager, Airports District Office Federal Aviation Administration Department of Transportation EXHIBIT "A" Legal Description A portion of Lot 1 and a Portion of Parcel A. 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 at Reception No. 1096136 in the records of the Pueblo County Clerk and Recorder, located within a portion of the NW 1 /4 of Section 26, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: Bearings based on the east line of said Lot 1, to be S 00° 41' 33" E as established on the recorded plat of said Pueblo Memorial Airport Industrial Park Subdivision. COMMENCING at the NW corner of said Lot 1; thence S 00° 41'33 " E along the west line of said Lot 1, a distance of 350.00 feet to a corner of Lot 1 and being POINT OF BEGINNING; thence N 89° 18'27" E a distance of 250.00 feet to a point on the east lot line of said Lot 1; thence S 00° 41' 33" E along said east line of said Lot 1, a distance of 172.09 feet to a point on the northerly right -of -way line of William M. White Boulevard; thence westerly along said northerly right -of -way line on the arc of a non - tangent curve to the left whose center bears S 14° 11' 4" W, having a central angle of 13° 29' 28" and a radius of 1,075.00 feet, a distance of 253.12 feet; thence N 00° 41'33" W a distance of 136.37 feet to the POINT OF BEGINNING. Pueblo County, Colorado Said Parcel contains 0.86 acres, more or less. I_ f Background Paper for Proposed RESOLUTION AGENDA ITEM # - 7 DATE: June 20, 2001 DEPARTMENT: AVIATION TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LAND (PARCEL A, LOT 1) TO BE CONVEYED TO UTILICORP UNITED, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an Agreement between the United States of America and the City of Pueblo, a Municipal Corporation, for the release of land to be conveyed to UtiliCorp United. RECOMMENDATION Approval of this resolution. BACKGROUND UtiliCorp United is requesting this land for utility purposes including the installation of diesel electrical generating facilities on the property. FINANCIAL IMPACT A Special Airport Improvement Trust Fund in the amount of $15,000.00 (which is the appraised value of the land) and the proceeds of the sale of Parcel A, Lot 1 (0.86 acres of land) to UtiliCorp United is to be established. Within five years of the date of the Agreement, this sum will be expended for approved Airport Development.