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HomeMy WebLinkAbout10330RESOLUTION NO. 10330 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LOT 1 OF THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION 3 FILING TO BE CONVEYED TO PUEBLO DEVELOPMENT FOUNDATION, 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 $117,000, being the appraised value of Lot 1 (6.23 acres of land) located at Pueblo Memorial Airport Industrial Park and sold to Pueblo Development Foundation. 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 (AIP). 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 February 28, 2005 BY Michael Occhiato Councilperson APPROVED: zz'�'Y PR E CITY C IL ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # I DATE: February 28, 2005 DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E. 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 1 OF THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION 3 RD FILING TO BE CONVEYED TO PUEBLO DEVELOPMENT FOUNDATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an agreement with the United States of America for release of land at the Airport Industrial Park to be conveyed to Pueblo Development Foundation for lease to Benshaw, Inc. 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 Pueblo Development Foundation for lease to Benshaw, Inc. The FAA requires the City to enter into an agreement with them prior to sending the Deed of Release for the property. FINANCIAL IMPACT The amount of $117,000, which is the appraised value of Lot 1 (6.23 acres of land), is to be transferred from the half cent sales tax fund to the Special Airport Improvement Trust Fund upon acceptance of the Deed of Release from the FAA. AGREEMENT THIS AGREEMENT made and entered into the 28th day of February 2005, 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 42 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 $117,000 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 2005 -2010 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $117,000 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 28th day of February , 2005. By Robert D chilling Jr. Title President of City CI cil ATTEST: (SEAL) CITY LERK APPROVED AS TO FORM: CTTY ATTORNEY WITNESSES THE UNITED STATES OF AMERICA Manager, Ai District Office Federal Avi 'on Administration Department of Transportation Lot 1 of the Pueblo Memorial Airport Industrial Park Subdivision Third Filing, a resubdivision of Lots 13 and 14 of the Pueblo Memorial Airport Industrial Park Subdivision, located within the W'h of the SE 1 /4, the SW 1 /4 of the NE 1 /4, the SE 1 /4 of the NW 1 /4, and the E' /z of the SW 1 /4 of Section 26, Township 20 South, Range 64 West of the Sixth Principal Meridian, Pueblo County, Colorado, as filed for record April 7", 1999, reception number 1272403 in the office of the Pueblo County Clerk and Recorder, Pueblo, Colorado, being further described as follows: Commencing at a point, said point being the monument located at the centerline /centerline intersection of William White Blvd. and Jetway Court right -of -ways, thence north along the centerline of Jetway Court a distance of 75.00 feet to the north right of way line of William White Blvd., thence west along said north right of way of William White Blvd. a distance of 45.00 feet to the Point Of Beginning, said point being the SE corner of said Lot 1, thence along the following four (4) courses: 1. S 88 ° 02'03" W a distance of 538.26 feet, 2. N 00 ° 12'56" E a distance of 514.01 feet, 3. N 88 °02'03" E a distance of 518.70 feet, 4. S 01 °57'57" E a distance of 513.64 feet, To the Point Of Beginning. Said lot contains 6.23± acres Basis of bearing based on centerline of William White Blvd. from centerline of Eaton Way to the point of curvature west, monumented on each end with a 3 1 /4 inch aluminum cap in cast iron range box, assumed to bear S 88 °02'03" W.