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Home My WebLink About09655 ORDINANCE NO. 9655 AN ORDINANCE ACCEPTING AND APPROVING AN INSTRUMENT OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LOT 39 OF THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION, WHICH IS ANTICIPATED TO BE SOLD TO THE PUEBLO DEVELOPMENT FOUNDATION, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND DIRECTING CITY STAFF TO TRANSFER THE ANTICIPATED SALE PROCEEDS OF APPROXIMATELY $235,000 TO THE SPECIAL AIRPORT IMPROVEMENT TRUST FUND WHEREAS, the City of Pueblo requested an Agreement with the United States of America by and through the Federal Aviation Administration for the release of Lot 39 (4.71 acres of land); 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, having been approved as to form by the City Attorney, is hereby accepted and approved. The Mayor is hereby authorized and directed to execute same for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The sum of $235,000.00 is the appraised value of 4.71 acres of land, Lot 39, of the Pueblo Memorial Airport Industrial Park Subdivision which, after annexation, is expected to be sold to the Pueblo Development Foundation. City staff are hereby directed to transfer the anticipated sale proceeds of $235,000.00 into the Special Airport Improvement Trust Fund (“Special Fund”). 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 2019-2024 Airport Capital Program (ACP), in a 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 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. The City Clerk shall cause the Instrument of Release to be recorded in the office of the County Clerk and Recorder. Action by City Council: Introduced and initial adoption of Ordinance by City Council on January 27, 2020. Final adoption of Ordinance by City Council on February 10, 2020. President of City Council Action by the Mayor: ☒ Approved on February 12, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 27, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Greg Pedroza, Interim Director of Aviation SUBJECT: AN ORDINANCE ACCEPTING AND APPROVING AN INSTRUMENT OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LOT 39 OF THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION, WHICH IS ANTICIPATED TO BE SOLD TO THE PUEBLO DEVELOPMENT FOUNDATION, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND DIRECTING CITY STAFF TO TRANSFER THE ANTICIPATED SALE PROCEEDS OF APPROXIMATELY $235,000 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 46 lots in the Pueblo Memorial Airport Industrial Park to various businesses. On June 10, 2019, City Council passed Ordinance No. 9478 that approved an agreement with the United States of America through the FAA for the release of Lot 39 to the Pueblo Development Foundation. BACKGROUND After City Council approved the agreement with the United States of America for the release of Lot 39, 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 the City’s approval. FINANCIAL IMPLICATIONS: The appraised value of Lot 39 (4.71 acres of land) is $235,000.00. After annexation of Lot 39 into the City limits, it is expected that Lot 39 will be sold to the Pueblo Development Foundation for its appraised value of $235,000.00. Sale proceeds will be transferred into the Special Airport Improvement Trust Fund. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. 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. RECOMMENDATION The Department of Aviation recommends the approval of this Ordinance. Attachments: Proposed Ordinance and Instrument of Release INSTRUMENT OF RELEASE Lot 39 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: 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 39 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: Commencing at the monument at the centerline intersection of Walt Basset Avenue and Keeler Parkway; thence along Keeler Parkway centerline S 01° 31' 26" E, a distance of 800.13 feet to the intersection of Excellence Avenue centerline; thence along centerline of Excellence Avenue N 88° 27' 57" E, a distance of 579.20 feet to the Intersection of Reyes Street; thence continuing along centerline of Excellence Avenue N 88° 27' 57" E, a distance of 40.00 feet; thence S 01° 32' 03" E, a distance of 40.00 feet to the South Right of Way of Excellence Avenue to the True Point of Beginning; Thence, N 88° 27' 57"E, a distance of 569.87 feet; Thence, S 01° 32' 43" E, a distance of 360.00 feet; Thence, S 88° 27' 06" W, a distance of 569.96 feet; Thence N 01° 31' 52" W, a distance of 360.14 feet the Point of Beginning. Said lot contains 4.71 acres, more or less. 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. IN WITNESS WHEREOF the United States of America has caused this Instrument of Release to be executed as of the 10thday of Februar)2020 UNITED STATES OF AMERICA Administrator, Federal Aviation Administration By John P. r auer Manager, Denver Airports District Office ACCEPTED: City of Pueblo, Colorado By 74(41 dL0404;11 (Title) Mayor 4 it# MOrt12'0 "e ;�t 4 1..16 r . , *,..... ""- 4446"„ ... "-- .»... '- 1 N arrsworw N 0110 34 N +1 Ir°fo'w, "48 i }At memcfmrm N 0020'4 f it 1334 i JV2P004N 00'0,044 `',, , I i! *PO 44.144 NAV 1300 N ortster ��..�.. �,1 1$.31 � 184.71�„». �.,,., , w) I I s 1 I i ! 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