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HomeMy WebLinkAbout05415t ORDINANCE NO. 5415 AN ORDINANCE RELATING TO TRANSFER AND ALLOCATION OF FUNDS FROM THE SALES AND USE TAX CAPITAL IMPROVEMENT FUND TO THE SPECIAL AIRPORT IMPROVEMENT FUND HEREBY CREATED, AND ACCEPTING AND APPROVING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO LAND AT PUEBLO MEMORIAL AIRPORT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: CFrTTnKj 1 There is hereby appropriated and transferred from the Sales and Use Tax Capital Improvement Fund to a Special Fund hereby created and known as the "Special Airport Improvement Trust Fund - 1987" (herein 'Special Fund') the sum of $17,850.00 being the appraised value of 1.98 acres of land located at Pueblo Memorial Airport to be conveyed to the Pryor - Giggey Company. The funds in the Special Fund hereby created will not be eligible as City Matching Funds for the Development of the Airport under the Federal Airport Improvement Program. SECTION 2: Within five years from the date of this Ordinance, the Funds deposited into said Special Fund hereby created shall be expended on Projects and in priority mutually agreeable to the Federal Aviation Administration and the City for the further development of Pueblo Memorial Airport. SECTION 3: The Special Fund hereby created and this Ordinance shall remain in effect until the Special Fund is expended in accordance with the provisions of Section 2 hereof. SECTION 4: The Deed of Release from the Federal Aviation Administration under date of July 2, 1987, in substantially the form attached hereto, is hereby approved and accepted. The President of the City Council is hereby authorized and directed to execute for and on behalf of the City, the Deed of Release. The City Clerk is authorized and directed to attest same and affix the Seal of the City thereto. SECTION 5: This Ordinance shall become effective immediately upon final approval. CLERK INTRODUCED July 27, 1987 BY ALLYN MIDDELKAMP CO UNCILMAN APPROVE ; 4 —, e c, -- <, a PRESIDENT OF THE CITY COUNCIL � 4 NO. 84532 ' RECORDED. PUEBLO COUNTY, COLORADO Book2366 PmrW 9 Oa 4'r . OCT 2 1987 DEED OF RELEASE This instrument, a Deed of Release, made by the United States of America, acting by and through the Administrator of 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 municipal corporation organized and existing 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 Property Act of 1944, as amended, and applicable rules, regulations and orders, did by instrument entitled Quitclaim Deed dated July 20, 1948, and recorded in Book 1074, pages 87 to 117 by the Pueblo County Recorder, Colorado, remise, release, and quitclaim to the City of Pueblo, and now known as the Pueblo Memorial Airport being that some land transferred to the City of Pueblo by quitclaim deed dated July 20, 1948, subject to certain conditions, reservations, exceptions, and restrictions and WHEREAS, the City of Pueblo, has requested the Administrator of the Federal Aviation Administration to release the hereinafter described real property from all conditions, reservations, and restrictions contained in said quitclaim deed for the purpose of selling said property, and WHEREAS, the Administrator of the Federal Aviation Administration under and pursuant to the powers and authority contained in Public Law 81 -311 (63 Stat. 700), as amended, is authorized to grant a release from any of the terms, conditions, reservations, covenants, and restric- tions contained in the quitclaim deed for the purpose of selling said property and pursuant to Section 13 of the Surplus Property Act of 1944, as amended, and WHEREAS, the Administrator of the Federal Aviation Administration has determined that the release of such real property as is herein described, from all terms, conditions, reservations and restrictions as set forth in the above identified instruments is in the best interests of the United States and civil aviation, and that the release herein will not prevent accomplishment of the purpose for which the property was transferred and is necessary to protect or advance the interests of the United States in civil aviation. eooK2366 PAU641 2 PROVIDED FURTHER, that the City of Pueblo include in the Deeds of Conveyance of the hereinafter described real property the following reservations and covenants: a. That the City of Pueblo 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 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 on the Pueblo Memorial Airport. b. That the Grantee 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 4685 feet above mean sea level. c. That the Grantee 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. The grantor reserves the right to enter upon the land released hereunder, and to remove the offending structure or object, and to cut the offending growth, all at the expense of the grantee, in the event the aforesaid covenant is breached. NOW, THEREFORE, for and in consideration of the benefits to accrue to the United States and to civil aviation, the UNITED STATES OF AMERICA, acting by and through the Administrator of the Federal Aviation Administration, hereby releases the following described property from all terms, conditions, reservations, and restrictions contained in the aforementioned quitclaim deed and grant agreements: A parcel of land located within the County of Pueblo, State of Colorado, to -wit: A parcel of land being a portion of the N 1/2 of the SE 1/2 of Section 30, Township 20 South, Range 63 West of the 6th Principal Meridian, being more particularly described as follows: Boom 2366 PAnF 64 e Beginning at a point from which the NE corner of said Section 30 bears N 23° 28' 20" E (Bearings based on the north line of said Section 30 to bear N 89° 59' 27" E, with all bearings contained herein being relative thereto), a distance of 3584.45 feet; thence N 46° 36' 21" W, a distance of 600.00 feet; thence N 43° 23' 57" E, a distance of 144.00 feet; thence S 46° 32' 32" E, a distance of 600.00 feet; thence S 43° 23' 57" W, a distance of 143.33 feet to the Point of Beginning. Said parcel contains 1.98 acres. IN WITNESS WHEREOF the United States of America has caused this Deed of Release to be executed as of the day of 19 UNITED STATES OF AMERICA ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION By �.�/ Manager, Airports Division Northwest Mountain Region Federal Aviation Administration STATE OF WASHINGTON COUNTY OF On thi s day of u y 19 before me �Nn� iE /�'I � dq etN y a Notary Public in and for the State of Washington, personally appeared Edward G. Tatum, known to me to be the Manager, Airports Division, Northwest Mountain Region, Federal Aviation Administration, and known to me to be the person whose name is subscribed to this Deed of Release and acknowledged that he executed the same on behalf of the Administrator, Federal Aviaion Administration and the United States of America. % PAEC64.1 Witness my hand and official seal. My Commission expires / 19P,CH /0, lffl I9,7 e ' r- 1 v Notary Public AT ST `'o': ACCEPTED: City of Pueblo, Colorado Y By President of the City Council APPRO Cit t y C PUE13LO MEMORIAL AIRPORT zNT)U S7r RI AL PAR N 89 59 1 too '3- 2� -8''1 45E0T, STN P, M• nT-K koo o 0 \Q 'a F �0 , 1)13 M 1 p. O.$.