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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 Rec. # 1531895 10/20/2003 11:09A 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, Rec. # 1531895 10/20/2003 11:09A 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 -2- Rec. # 1531895 10/20/2003 11:09A 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 -3- Rec. # 1531895 10/20/2003 11:09A 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: g Facility\QCDeed.wpd 8 - rd I- 209 7 -4- ' t~~~ubk'g~' lic