The URL can be used to link to this page

Home My WebLink About08896ORDINANCE NO. 8896 AN ORDINANCE ACCEPTING AND APPROVING AN INSTRUMENT OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LAND, LOT 41, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION TO BE CONVEYED TO TR TOPPERS, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $175,000 FROM CAPITAL PROJECT NO. ED1502 WITHIN THE 1996-2016 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND TO THE SPECIAL AIRPORT IMPROVEMENT TRUST FUND WHEREAS, the City of Pueblo entered into an Agreement with the United States of America by and through the Federal Aviation Administration for the release of Lot 41 (4.71 acres of land) to be conveyed to TR Toppers; and WHEREAS, the Federal Aviation Administration has sent the Instrument of Release to be accepted and approved by the City of Pueblo; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Instrument of Release, signed by the Federal Aviation Administration and attached hereto, is hereby accepted and approved. The President of the City Council is hereby authorized and directed to execute for and on behalf of the City the Instrument of Release. SECTION 2. Funds in the amount of $175,000 are hereby transferred from Capital Project No. ED1502 within the 1996-2016 Sales and Use Tax Capital Improvement Projects Fund to the Special Airport Improvement Trust Fund (herein Special Fund). The sum of $175,000 is the appraised value of 4.71 acres of land, Lot 41, of the Pueblo Memorial Airport Industrial Park Subdivision to be conveyed to TR Toppers. The funds in the Special Fund will not be eligible as City matching funds for the development of the Airport under the Federal Airport Improvement Program (AIP) or successor programs. SECTION 3. Within five years from the date of this Ordinance, the funds deposited into said Special Fund shall be expended on projects described in the 2015-2021 Airport Capital Program (ACP) and in priority mutually agreeable to the Federal Aviation Administration and the City of Pueblo for the further development of the Pueblo Memorial Airport. SECTION 4. The Special Fund and this Ordinance shall remain in effect until the Special Fund is expended an accordance with the provisions of Section 3 hereof. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. The City Clerk shall cause the Instrument of Release to be recorded in the office of the County Clerk and Recorder. INTRODUCED: July 13, 2015 BY: Ed Brown PASSED AND APPROVED: July 27, 2015 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 13, 2015 TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Mark Lovin – Aviation Department SUBJECT: AN ORDINANCE ACCEPTING AND APPROVING AN INSTRUMENT OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LAND, LOT 41, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION TO BE CONVEYED TO TR TOPPERS, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $175,000 FROM CAPITAL PROJECT NO. ED1502 WITHIN THE 1996-2016 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND TO THE SPECIAL AIRPORT IMPROVEMENT TRUST FUND SUMMARY: Attached is an Ordinance approving an Instrument of Release from the FAA for the release of land in the Pueblo Memorial Airport Industrial Park Subdivision. PREVIOUS COUNCIL ACTION: Since 1970, City Council has approved the release of 45 lots in the Pueblo Memorial Airport th Industrial Park to various businesses. On March 9, City Council passed Resolution No. 13181 that approved an agreement with the United States of America through the FAA for the release of Lot 41 to TR Toppers. BACKGROUND After City Council approved the agreement with the United States of America for the release of Lot 41, a request for the release of land was sent to the FAA. The FAA has reviewed the request and has sent the Instrument of Release for City Council’s approval. This land will be released to TR Toppers upon final passage of this Ordinance. FINANCIAL IMPLICATIONS: The appraised value of Lot 41 (4.71 acres of land) is $175,000 which will be transferred from Capital Project No. ED1502 within the 1996-2016 Sales and Use Tax Capital Improvement Projects Fund into the Special Airport Improvement Trust Fund. BOARD/COMMISSION RECOMMENDATION: PEDCO recommends approval of this Ordinance. STAKEHOLDER PROCESS: None. ALTERNATIVES: If City Council does not approve this Ordinance, the Instrument of Release will be returned to the FAA and the land will not be released to TR Toppers. RECOMMENDATION The Department of Aviation recommends the approval of this Ordinance. Attachments: Instrument of Release re: Ordinance No. 8896 Reception 2012001 07/31/2015 01:34:42 PM INSTRUMENT OF RELEASE THIS INSTRUMENT OF RELEASE, made by the United States of America, acting by and through the Federal Aviation Administration, under and pursuant to the powers and authority contained in the provisions of Public Law 81-311 (63 Stat. 700), as amended, to the City of Pueblo, a body under the laws of the State of Colorado, witnesseth WHEREAS, The United States of America, acting by and through the War Assets Administrator, under and pursuant to Reorganization Plan One of 1947 (12 Fed. Reg. 4534) and the powers and authority contained in the provisions of the Surplus Property Act of 1944, as amended, by instrument entitled "Quitclaim Deed," dated July 20, 1948, and recorded in Pueblo County, Colorado, in book 1074, page 87, did surrender, transfer, remise, release, quitclaim and convey to the City of Pueblo, Colorado, airport facilities commonly known and designated as Pueblo Memorial Airport, subject to certain conditions, reservations, exceptions, and restrictions; and, WHEREAS, The City has requested the FAA to execute a Agreement of Release, whereby it would release the said described property from all the reservations, restrictions, and conditions as set forth in the said Agreement; and WHEREAS, They City intends to dispose of said land free and clear of the reservations, restrictions, and conditions and receive other valuable consideration therefore. NOW THEREFORE, for and in consideration of the above-expressed recitals and of the benefits to accrue to the United States and to civil aviation, the United States of America upon inclusion by the City of Pueblo, Colorado, in the Instrument of Transfer conveying title to the hereinafter described real property of provisions as follows: roti 2012001 REL 07/31/2015 01:34:42 PM Page: 2 of 5 R 31.00 De 0.00 11 31.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Vakilyili, MI III 1. The City of Pueblo, Colorado, reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used for navigation of or flight in the said airspace and for use of said airspace for landing on, taking off from, or operating at the Pueblo Memorial Airport. 2. That the City of Pueblo expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to a height of not more than 4,690 feet above mean sea level. 3. That the City of Pueblo expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the grantor is to reserve the right to enter upon the land released hereunder and to remove the offending structure or object and to cut the offending growth, all of which shall be at the expense of the grantee. By this Instrument of Release, the United States of America by and through the Administrator, Federal Aviation Administration, hereby releases the real property described below from all the remaining conditions, reservations and restrictions as contained in the above-mentioned Instrument of Transfer from the United States of America to the City of Pueblo, Colorado, dated July 20, 1948, which real property is described as follows: Lot 41 of the Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County, Colorado, as filed for record October 11th, 1995, Book 2836, page 669 in the office of the Pueblo County Clerk and Recorder, Pueblo, Colorado, being further described as follows: 0) 2012001 REL 07/31/2015 01:34:42 PM Page: 3 of 5 CleR rk/31.00�dD 0.00 blT 31.00 Gilbert Ortiz ®erueo Cou�nty, Co ii Ire �h Ip•, j¢ �° 1111 Commencing at a point on the northeast corner of said parcel (Point of Beginning) thence, 1. S 01°33'47" E a distance of 360.28 feet, 2. S 88°28'10" W a distance of 569.63 feet, 3. N 01°31'52" W a distance of 360.03 feet, 4. N 88°26'39" E a distance of 569.43 feet, To the Point of Beginning. Said lot contains 4.71 +/- acres Basis of bearing based the line between the survey reference monument at the intersection of Walt Bassett Bouleverd and Braniff Avenue and Walt Bassett Boulevard and Fairchild Street, monumented at both ends with 3-1/4" aluminum cap in Pueblo City Monument Range Box, assumed to bear N88°26'39"E a distance of 1300.30 feet. By its acceptance of this Instrument of Release the City of Pueblo, Colorado covenants and agrees for itself, its successors and assigns to comply with and observe all the limitations set forth herein, expressly limited to the above-described property. 2012001 REL 07/31/2015 01:34:42 PM Me: 4of5 R31.00 D 0,00 Recorder, Pueblo C o 'iii rw' i iii IN WITNESS WHEREOF the United States of America has caused this Instrument of Release to be executed as of the 11th day of June 2015. UNITED STATES OF AMERICA Administrator, Federal Aviation Administration By John P. Baur Manager, Denver Airports District Office ACCEPTED: City of Pueblo, Colorado .cs al,- LO. ck, o4' -.144 \ 0 \ A 4111A A • 111"7:11011111,4 Aurig. • 44, f —Ri •..r‘ A4D2-1. • (Title) PRESIDENT OF CITY COUNCIL • • L>Z9-808 INSL1 631 90ZI9L516t0 0,6A 00V310100 AO 31V19'01930d dOAiNOoO • _ 0069-08161c)43040 9M-9L51610•3810 1'-�'.j• ' _— - 8001603'gW0A L0608 OD N180650386001 NOI81M0809 XXVd 1VIX190amal0dtlIV 1VH10W3W 0103Od'L/101 e- x •p.O•800•16.3 My 6,0001+1135001 HIM 03101V'60)1003'0N NOIIVOVA ONI11010130XVd "JNI 6ONI.l3n.ans b @ 1100 600 w B31Nvr-oavnnoa AEAaf1S31HdV19OdO.I gg1F •p SNOISIA30 0 Lai 11 &g i e�a � ye b 1` § 4G w � qv i ,.iwE _ w we 3 e8S Y § '101WP 9' S ��_6 �rg a Pha ellP III 0 .. 8Ai i L § g liw 6 A 1`r ! '' MI I 13 , / i - i0 big ! i c4 1 !III hl r�N � .. ~ $ TJ Mblll 111, 1 b 1'804 Gt — '( M y il = ,+ / Ill �� I 1 Lu Mile X 3 68.CC.Lof OX;11" ,:.----, 1 I' pp O .'.`�I �� - - W } � �I, .. - ,Y � e6 '�� Uig '›d ch').-.1 O ,111 1 ' ®" i_, , 0 i a�� [�] �9 &I.`1' =� Nen U ;� 111 1 ill P ' ° Mm;- ll 0 lir a 3y I �,I ,bl Y 3dtiR I `11 XI 11)CI O 2 H I I WY ,� I (79.6,16;:e h®I z H H '°� sig + � "�� )� ��I_� � Mro Z cn 1 ® �' �'',1 O p , III Qy O Ill _e _ _. "_�-_ - .'> -42154-----.-,:t--7.--_ ,v , -__ - tel U W II ' y 1roes- 319stme-- 4 �Ill ®Nor pp ¢¢ _ zy , 4. d p qq � W 9 !1,1 1 I m 6ey,9�_ M1gf 3 Ii rill ',;4,.iii II !lly !p it '•0 to-. P•• '11 I� a €Ap l €`� ' [I 1t6 Milt Ndco 4 Q .1 iia. ! l� ® 1 I1`'I iilo,, „€, 6 ill a „1 .,1l'i ,i' -' 6a, A .a Oct:i U ` I;.i`,. p viii? 1 t PO'i �� a � , ,_ sg� i ri a � tis 5 Ini A"1 .:1- iit ■•.• 1 II j 1 ®®NO3E®o®d.01 ..OrliI�'iIky ? I I I !Q ( 11 '� '�'<<' 9.� s / '1:,1 °� 1��,,s sliit �� , .l I�1—T-- -- -4 a19]HISSiA3a -- — $ 3W� 11 I; '' 5-5- --- �= . 1 Rs