HomeMy WebLinkAbout10510ORDINANCE NO. 10510
AN ORDINANCE APPROVING AN INSTRUMENT OF RELEASE
BETWEEN THE UNITED STATES OF AMERICA AND THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, FOR
THE RELEASE OF LOT 12 IN THE PUEBLO MEMORIAL
AIRPORT INDUSTRIAL PARK SUBDIVISION AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Instrument of Release (“Agreement”) by and between the United States of America
acting by and through the Federal Aviation Administration and the City of Pueblo, a Municipal
Corporation, a copy of which is attached hereto and made part hereof by reference, after having
been approved as to form by the City Attorney is hereby approved.
SECTION 2.
The Mayor 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.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and the Agreement to implement the policy and procedures described
therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 10, 2023.
Final adoption of Ordinance by City Council on July 24, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on July 26, 2023 .
☐ 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 # R3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 24, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Director Aviation
SUBJECT: AN ORDINANCE APPROVING AN INSTRUMENT OF RELEASE
BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, FOR THE
RELEASE OF LOT 12 IN THE PUEBLO MEMORIAL AIRPORT
INDUSTRIAL PARK SUBDIVISION AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
SUMMARY:
This Ordinance approves an agreement with the United States of America 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 lots in the Pueblo Memorial
Airport Industrial Park to various businesses.
BACKGROUND:
This agreement with the United States of America is for the release of Lot 12 in the
Pueblo Memorial Airport Industrial Park so that it may be sold to the Pueblo
Development Foundation. The United States of America transferred ownership of the
airport property to the City on July 20, 1948. This transfer carried with it a number of
obligations, restrictions, and conditions. These obligations, restrictions and conditions
are also carried with all federal grant funding accepted by the City. The most recent
grant acknowledging these obligations, restrictions and conditions was accepted on
August 8, 2022, by Ordinance No. 10241. Lot 12 of the Pueblo Memorial Airport
Industrial Park is surplus property because it disconnected from the primary airport
property and is better suited for other uses. The agreement with the United States of
America will release this lot from the federal obligations, restrictions, and conditions,
allowing it to be used for purposes not related to the airport, such that the property does
not interfere with the safe use of the Pueblo Memorial Airport.
FINANCIAL IMPLICATIONS:
Once the release is effective, Lot 12 is intended to be sold to PDF for $440,000, which
is the appraised value of Lot 12 (12.56 acres of land), which would be deposited into
the Special Airport Improvement Trust Fund.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the land will not be released.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. PUB Parcel 12 Instrument of Release
U.S. Department
of Transportation
Federal Aviation
Administration
06/20/2023
Northwest Mountain Region Denver Airports District Office
Colorado - Idaho - Montana - Oregon - Utah 26805 E. 68th Ave., Suite 224
Washington - Wyoming Denver, CO 80249
The Honorable Nicholas A
City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
Dear Mayor Gradisar:
Gradisar, Mayor
This letter is in reply to the Pueblo Memorial Airport's request for the release of approximately
12.56 acres of land at the Pueblo Memorial Airport, Pueblo, Colorado, from all the restrictions and
conditions of agreements with the United States Government. This land also known as Parcel 12.
We have determined that the property described on the enclosed instrument of release is no longer
needed for aeronautical purposes, and the City of Pueblo, Colorado is to be released from the terms
and conditions of the various grant agreements which affect this land.
In order to complete the release process we need the following items:
1. A formally accepted and recorded (Volume and Page Number) copy of the Federal Aviation
Administration (FAA) Instrument of Release.
2. An updated Airport Property Map (Exhibit "A") identifying the property as no longer being
dedicated airport property.
Any future AIP grants executed prior to the FAA receipt of an updated Airport Property Map
(Exhibit "A") identiying the property described in this letter as no longer being dedicated airport
property, will result in the Federal reobligation of this land to the previous terms and conditions of
the various grant agreements made with the United States Government.
If you have any questions, please contact John Sweeney at (303) 342-1263.
Sincerely,
70Gtn TFauer
John P Bauer (Jun 20, 2023 21:32 MDT)
John P. Bauer, Manager
Denver Airports District Office
Enclosure: 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:
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 12 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: (see 2 attached pages):
LEGAL DESCRIPTION
FOR
LOT 12
LOT 12, AS SHOWN ON THE PLAT OF PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK
SUBDIVISION, FILED FOR RECORD OCTOBER 11, 1995 IN BOOK 2836 AT PAGES 665-670,
RECEPTION #1096136 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER,
LYING WITHIN THE WEST % OF SECTION 26, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE MONUMENT AT THE INTERSECTION OF WILLIAM M.
WHITE BOULEVARD AND EATON WAY AS SHOWN ON SAID PLAT;
THENCE WESTERLY ALONG THE CENTERLINE OF WILLIAM M. WHITE BOULEVARD S
88°02'03" W, (SAID BEARING ALSO THE BASIS OF BEARINGS FOR THIS LEGAL
DESCRIPTION170) A DISTANCE OF 1,705.61 FEET TO A CENTERLINE MONUMENT ALONG
SAID WILLIAM M. WHITE BOULEVARD;
THENCE DEPARTING THE CENTERLINE OF WILLIAM M. WHITE BOULEVARD N 01°57'57" W, A
DISTANCE OF 75.00 FEETTO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WILLIAM
M. WHITE BOULEVARD;
THENCE WESTERLY ALONG A TANGENT CURVE TO THE RIGHT, ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF WILLIAM M. WHITE BOULEVARD, HAVING A RADIUS OF 925.00
FEET, A DELTA OF 6°01'15" AND A DISTANCE OF 97.20 FEET, TO THE SOUTHEAST CORNER
OF LOT 12, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION AND THE POINT
OF BEGINNING;
THENCE CONTINUING ALONG THE CURVE OF THE NORTHERLY RIGHT-OF-WAY LINE OF
WILLIAM M. WHITE BOULEVARD, HAVING A RADIUS OF 925.00 FEET, A DELTA OF 56°19'51"
AND A DISTANCE OF 909.42 FEET TO A POINT OF TANGENCY;
THENCE NORTHWESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF WILLIAM M.
WHITE BOULEVARD N 29°36'51" W, A DISTANCE OF 402.89 FEET TO A POINT ON SAID
RIGHT-OF-WAY OF LINE OF WILLIAM M. WHITE BOULEVARD AND THE NORTHWEST CORNER
OF LOT 12, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION;
THENCE DEPARTING THE NORTHERLY RIGHT-OF-WAY LINE OF WILLIAM M. WHITE
BOULEVARD EASTERLY ALONG THE NORTH LINE OF SAID LOT 12 N 87°57'56" E, A DISTANCE
OF 941.64 FEET TO THE NORTHEAST CORNER OF LOT 12;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 12 S 00°12'56" W, A DISTANCE OF
849.28 FEET TO THE POINT OF BEGINNING.
SAID LOT 12 CONTAINS AN AREA OF 12.56 ACRES, MORE OR LESS
PUEBLO MEMORIAL AIRF
Property of C11y of Pusbio
(EXEMPT)
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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 06/20/2023
UNITED STATES OF AMERICA
Federal Aviation Administration
Eawr
By John P Bauer (Jun 20, 2023 21:32 MDT)
Manager, Denver Airports District Office
ACCEPTED:
,add
By Nicholas Gradisar (Jun 21, 2023 05:34 MDT)
City of Pueblo, Colorado
APPROVED:
Bob Jagger (Jul 25, 2023 08:02 MDT)
Sponsor's Attorney