HomeMy WebLinkAbout09965RESOLUTION NO. 9965
A RESOLUTION APPROVING A QUIT CLAIM DEED BETWEEN THE CITY OF PUEBLO AND
PUEBLO DEVELOPMENT FOUNDATION RELATING TO LOT 35, PUEBLO MEMORIAL AIRPORT
INDUSTRIAL PARK SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Quit Claim Deed dated October 14, 2003 between the City of Pueblo and Pueblo
Development Foundation, a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the Quit Claim Deed in
the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
The City Clerk shall after execution and acknowledgment by the officers of the City and Pueblo
Development Foundation record the Quit Claim Deed in the records of the Pueblo County Clerk and
Recorder.
INTRODUCED October 14, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
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ChrisC.Munoz PuebloCtyClk&Rec
QUIT CLAIM DEED
THIS DEED, made as of October 14, 2003 by and between Pueblo, a Municipal Corporation
(herein "City") and Pueblo Development Foundation, a Colorado Nonprofit Corporation (herein
"Company"), WITNESSETH:
That City for and in consideration of the sum of $10.00 and other good and valuable
consideration to City in hand paid by the Company, the receipt whereof is hereby confessed and
acknowledged, has sold and quitclaimed, and by these presents does sell and quitclaim unto the
Company, its successors and assigns forever, all the right, title, interest, claim and demand which
City has in and to the real property situate, lying and being at Pueblo Memorial Airport, County of
Pueblo, State of Colorado, legally described as Lot 35, Pueblo Memorial Airport Industrial Park
Subdivision (herein "Property"), with all its improvements and appurtenances, subject to general
property taxes, easements, rights of way, covenants, conditions, restrictions and reservations of
record, including without limitation, those set forth in Special Warranty Deed recorded June 18,
1975 in Book 1816, Page 891 of the records of the Pueblo County Clerk and Recorder, and
easements for existing utilities, sanitary sewer, water, irrigation and natural gas lines on, over or
under the Property, and to the following covenants, conditions, and restrictions which are and shall
be construed to be covenants running with the land described herein and binding upon the Company,
its successors and assigns and inuring to the benefit of the City, its successors and assigns.
1. City reserves unto itself and its successors and assigns, for use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the Property,
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together with the right to cause in the airspace above the surface of the Property such noise as may
be inherent in the operation of any aircraft now known or hereafter used for navigation of or flight
in said airspace, and for use of the airspace above the surface of the Property for landing on, taking
off from, or operation on or over the Pueblo Memorial Airport.
2. Company expressly agrees for itself, its successors and assigns to restrict the height
of structures, objects of natural growth and other obstructions on the Property, to a height of not
more than 4,750 feet above the mean sea level. In the event this covenant is breached, after notice
to Company and Company has not cured same, City reserves the fight to enter upon the Property at
the expense of the Company to remove the offending structure or object and to cut the offending
growth.
3. Company expressly agrees for itself, its successors and assigns, that it will prevent
any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo
Memorial Airport, or otherwise constitute an airport hazard.
4. The Property and its use are further subject to the following Restrictive Covenants:
(a) The Property may be used only for a government printing facility or similar
activity. The Property shall not be used for any purpose or business which constitutes a nuisance,
or which exceeds the state air pollution control standards for the facility. Gasoline or diesel fuel used
in connection with the activities conducted on the Property but not for sale at retail or wholesale may
be stored on the Property in an environmentally sound manner.
(b) Outdoor storage shall not be permitted except for parking and storage of
automobiles, trucks, and equipment associated with the use of the Property. All roadways and
parking areas for vehicles on the Property shall be paved.
(c) The Property shall not be subdivided and no building or structure over fifty
(50) feet in height shall be installed or constructed on the Property.
(d) No structure or building shall be constructed or installed nearer than sixty-five
(65) feet of the fight of way line of United Avenue or nearer than seventy-five (75) feet of the right
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line of Keeler Parkway. There mustbe installed and maintained a minimum thirty-five (35) foot
strip of living landscaped ground along and adjacent to United Avenue and a minimum twenty-five
(25) feet along and adjacent to Keeler Parkway. Minimum side yard set-backs shall be twenty-five (25) feet.
(e) Company shall keep and maintain the Property and all structures, landscaping
and improvements located thereon in a good, clean, safe and orderly condition free of waste, rubbish,
debris and trash, and enclose and screen from public view all outside storage and unsightly areas of
the Property.
(f) Company shall comply with notifications and review requirements of the
Federal Aviation Administration prior to the construction, modification or alteration of any building
or structure on the Property.
(g) Company shall, at its own expense, cause all utilities and roads used or to be
used on the Property to be extended from adjacent streets, installed on the Property, and kept and
maintained in good order and condition.
(h) Company use of, and wastewater discharged into City's wastewater system
from the Property, shall be subject to the same restrictions, limitations, conditions, fees, and charges
imposed on other users of City's wastewater system and facilities. Company shall only discharge
domestic waste water into City's wastewater system.
(i) All buildings, improvements and activities on the Property shall be installed,
constructed and conducted in compliance with all applicable federal and state law and all ordinances,
regulations and codes of City.
(j) Company shall pay to City in lieu of general property taxes an annual service
charge for municipal services furnished to Company and the Property. Such annual service charge
shall be paid in monthly installments and shall be established by Resolution of City Council of City.
(k) City reserves the right to waive all or any part of these Restrictive Covenants.
5. Invalidation of any one of the foregoing covenants, conditions, restrictions or
reservations by judgment or court order or otherwise shall not affect any of the other of said
covenants, reservations, restrictions or conditions which shall remain in full force and effect.
6. City shall have the right to enforce the restrictions, covenants and conditions hereof
by injunction or other lawful procedure and to recover damages, costs, expenses, including
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fees, resulting from any violation thereof or arising out of their enforcement.
s shall be Pueblo County, Colorado.
PUEBLO DEVELOPMENT FOUNDATION
By Pueblo~
Preside'h'tof the City Council
STATE OF COLORADO i ss.
The foregoing instrument was acknowledged before me this ~0-}M day of 0 0--3rD~01F' ,
2003 by Joseph A. Fortino as President of Pueblo Development Foundation, a Colorado nonprofit
hand and official seal.
sion expires: ~-21-
COUNTY OF PUEBLO )
STATE OF COLORADO i ss.
The foregoing instrument was acknowledged before me this ~ day of~__,
2003 by Dr. Bill Sova as President of the City Council and Gina Dutcher as City Clerk of Pueblo,
Colorado, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
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