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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) whil'A AloNgm rom%ff 4 Samla fa F104,00; W—A —Ifln R.1—d CoWado Slate Highway Na 0 U.S. Hj,h.,, By - pm. AAW.G. TAX AF TAX I A 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