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HomeMy WebLinkAbout09926 RESOLUTION NO. 9926 A RESOLUTION APPROVING AN AGREEMENT BETVVEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LOT 69 IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION TO BE CONVEYED TO WACKENHUT CORRECTIONS CORPORATION, A FLORIDA CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE 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 deposit in the Special Airport Improvement Trust Fund the amount of $211,000, being the appraised value of Lot 69 (34.07 acres of land) located at Pueblo Memorial Airport and sold to Wackenhut Corrections Corporation, a Florida Corporation. SECTION 2. Within five years of the date of this Agreement, the funds received from this sale of land will be expended for FAA 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 (ALP). SECTION 3. The President of the 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 au,qust 11, 2003 BY Al Curule Councilperson APPROVED: ~ President of City Council ATTEST: City'~rk Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: August 11, 2003 DEPARTMENT: AVIATION - JOHN B. O~EAL, C.M. TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LOT 69 IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION TO BE CONVEYED TO WACKENHUT CORRECTIONS CORPORATION, A FLORIDA CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an agreement between the United States of America and the City for the release of Lot 69 to be sold to Wackenhut Corrections Corporation? RECOMMENDATION Approval of this Resolution. BACKGROUND This agreement with the United States of America is for the release of the land in the Airport Industrial Park that is to be sold to Wackenhut Corrections Corporation. After this agreement is signed and returned to the FAA, the Deed of Release will be processed. FINANCIAL IMPACT The amount of $211,000, which is the appraised value of Lot 69 (34.07 acres of land) is to be deposited in the Special Airport Improvement Trust Fund. AGREEMENT THIS AGREEMENT made and entered into the 1 lth day of Au gu st ,2003, 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 40 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 $211,000 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 2003-2008 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $211,000 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 th~ Agreement onthe 11th day of August ./~200~ ~ Bill Sova Title President of City Council ATTEST: (SEAL) CITY~LERK ATT6 WITNESSES THE UNITED STATES OF AMERICA Manat--ger, A'~ports bistrict Office Federal Aviation Administration Department of Transportation EXHIBIT A Lot 69 of the Pueblo Memorial Airport Industrial Park Subdivision, Section 29, Township 20 South, Range 63 West of the Sixth Principal Meridian, as filed for record October 11, 1995 in Book 2836, Page 670 in the office of the Pueblo County Clerk & Recorder, Pueblo, Colorado, being further described as follows: COMMENCING at a point, said point being the E ¼ comer of said Section 29 monumented with brass cap in concrete, thence N 00002'28" W along the east line of said Section 29 a distance of 603.30 feet, thence S 88°24'01" W along the south right-of-way line of United Avenue a distance of 185.07 feet to the POINT OF BEGINNING, thence along the following five (5) courses: 1. S 00o04'26" W a distance of 2410.57 feet, 2. N 83046'43" W a distance of 651.88 feet, 3. N 01036'35" W a distance of 1430.00 feet, 4. N 30°35'06" E a distance of 320.00 feet, 5. N 01o36'35" W a distance of 620.00 feet, to a point on the south fight-of-way line of said United Avenue, thence N 88°24'01" E along said fight-of-way a distance of 546.13 feet to the POINT OF BEGINNING. BASIS OF BEARING: bearings based on the north line of Section 30, Township 20 South, Range 63 West to bear N 89o52'27" E Said Lot contains 34.07 acres ±