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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:
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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
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PRESIDENT OF THE CITY COUNCIL
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NO. 84532 ' RECORDED.
PUEBLO COUNTY, COLORADO
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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.
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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:
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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.
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Witness my hand and official seal.
My Commission expires / 19P,CH /0, lffl I9,7 e ' r-
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Notary Public
AT ST `'o': ACCEPTED: City of Pueblo, Colorado
Y By
President of the City Council
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