HomeMy WebLinkAbout10858RESOLUTION NO. 10858
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF 29,573
SQUARE FEET OF LAND SOUTH OF LOT 1, PUEBLO MEMORIAL AIRPORT INDUSTRIAL
PARK SUBDIVISION, 4TH FILING, TO BE CONVEYED TO AQUILA, INC., 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 $12,420.66, being the value of 29,573 square feet of land
south of Lot 1, Pueblo Memorial Airport Industrial Park Subdivision, 4th Filing, and sold to Aquila,
Inc.
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 November 13, 2006
BY Randy Thurston
Councilperson
APPROVED:
President of City Council
ATTESTED BY:
CITY CLERK
L o
Background Paper for Proposed
RESOLUTION
it 1o85s
AGENDA ITEM # t I
DATE: November 13, 2006
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 29,573 SQUARE FEET OF LAND SOUTH
OF LOT 1, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION,
4TH FILING, TO BE CONVEYED TO AQUILA, INC., 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 Aquila.
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 Aquila due to the realignment of William White Blvd.
William White Blvd. is to be moved to the south of its existing location and that will
leave a 29,573 sq. ft. sliver of land between Aquila's lot and the new road. The FAA
requires the City to enter into an agreement with the United States of America prior to
sending the Deed of Release for the property.
FINANCIAL IMPACT
Aquila has agreed to purchase the 29,573 sq. ft. of land at $0.42 per square foot or
$12,420.66. Funds received from this property will be placed in the Special Airport
Improvement Trust Fund as per the Agreement.
THIS AGREEMENT made and entered into the 13th day of
November 2006, 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 44 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 $12,420.66 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 $12,420.66 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 13 day of November , 2006.
By
Michael Occhiato
Title President of City Council
ATTEST:
(SEAL)
CITY RK
APPROVED AS TO FORM:
�Z-
CITY ATTOR
WITNESSES THE UNITED STATES OF AMERICA
B a d& l - ; d 4�L�—
M ager, Airports District Office
Federal Aviation Administration
Department of Transportation
EXHIBIT "A"
August 10, 2006
A parcel of land located within the Northwest One - Quarter of Section 26, Township 20
South, Range 64 West of the 6 Principal Meridian, County of Pueblo, City of Pueblo,
State of Colorado, being more particularly described as follows:
Beginning at the Southwest comer of Lot 1, Pueblo Memorial Airport Industrial Park
Subdivision, Filing No. 4, County of Pueblo, City of Pueblo, the said point being the True
Point of beginning, thence the following courses:
1. S 76 0 44'30" E, a distance of 258.48 feet, along the Northerly right -of -way line of
William M. White Boulevard,
2. N O1 °27'31" W, a distance of 126.45 feet, to a point on a non - tangent curve to the
left having a radius of 1000.00 feet,
3. Along the arc of a non - tangent curve to the left, through a central angle of
14 °31'54" a distance of 253.63 feet which chord bears N 82'42'10" W a distance
of 252.95 feet,
4. S O1 °27'31" E, a distance of 99.29 feet, to a point on the Northerly right -of -way
line of William M. White Boulevard, said point being the True Point of Beginning
of this description.
Said Parcel contains approximately 29,573 square feet or (0.68) Acres, more or less.
Basis of Bearings: West line of the Northwest one - quarter of Section 26, Township 20
South, Range 64 West of the 6th Principal Meridian from the West One - Quarter corner of
Section 26 (found axle in 12" x 12" concrete base) to the Northwest comer of Section 26
(Found #6 Rebar in concrete base) which bears N 01'27'3 1 " W.
PREPARED BY: Abel Engineering Professionals, Inc.
102 South Oneida Street
Pueblo, Colorado 81003
EXHIBIT "B"
A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST ONE - QUARTER OF SECT /ON 26,
/
/
/ F.A.A.
j
REST
AREA
LOT 1
/
• REFER TO PLAT FOR ALL
EASEMENTS OF RECORD.
N
/
_ _ _ _ __ SCALE. • 1" = 100'
I F.A.A. DEED OF RELEASE
I RECORDED AT RECEPTION
I NO. 1622491
1
1
KUITE I
fir..
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I = 14' 31' 54'
I R = 1000.00'
- _-- --I- -- L = 25 363'
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P.0 B 1300 = /T E
AUGUST 10, 2006
FOR: PUEBLO MEMORIAL AIRPORT
INDUSTRIAL PARK SUBDIVISION,
FILING NO. 4
LOT 1
PUEBLO, COLORADO
ABLE ENGINEERING PROFESSIONALS, INC.
P.O. BOX 1826
PUEBLO, COLORADO 81002
(719) 546 -2235
J.N 2006 -049