HomeMy WebLinkAbout10392RESOLUTION NO. 10392
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF
AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE
OF LOT 5 OF THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION 3RD
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 $111,000, being the appraised value of Lot 5 (6.24 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 May 9, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY CPWCIL
ATTESTED BY:
CITY CLERK
6-pp . - 1t 10342
� 1111 III
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: May 9, 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 5 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
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.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
This agreement with the United States of America is for the release of land in the Airport
Industrial Park that is to be sold to Pueblo Development Foundation on which to build
shell buildings for future unknown tenants. 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 $111,000, which is the appraised value of Lot 5 (6.24 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 A
�' EN ADO
THIS AGREEMENT made and entered into the � — day of
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 $111,000 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 $111,000 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.
+f, IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the 9 day of M D 9 2005.
B Ejj�'�gj 01/
Robert D. Sc thing Jr.
Title President of City Council
YI11 1-mw
(SEAL) `
CITY RK
APPROVED AS TO FORM:
CITY ATTopLlty
WITNESSES THE UNITED STATES OF AMERICA
Manager, A' oAA District Office
Federal Avi 'on Administration
Department of Transportation
L �►�:uHril_�
Lot 5 of the Pueblo Memorial Airport Industrial Park Subdivision Third Filing, a re-
subdivision of Lots 13 and 14 of the Pueblo Memorial Airport Industrial Park
Subdivision, located within the W 1 /2 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 1 /2 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 1051.81 feet, thence N 88 °02'03"
E a distance of 45 feet to a point on the east Right of Way of Jetway Court, said point
being the Point of Beginning, thence along the arc of a curve to the left whose center
bears N 33 °55'54" W having a central angle of 58 °21'34" and a radius of 85 feet, a
distance of 86.58 feet to a point, thence along the following four (4) courses:
1. N 87 °42'22" E a distance of 470.40 feet,
2. S 01'57'57" E a distance of 538.46 feet,
3. S 88° 02'03 "W a distance of 510.39 feet,
4. N 01 W a distance of 463.17 feet,
To the Point Of Beginning.
Said lot contains 6.24 t 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 inch aluminum
cap in cast iron range box, assumed to bear S 88 °02'03" W.
Note IJetway Court formerly known as Weisbrod Place}