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 ±