HomeMy WebLinkAbout05420ORDINANCE NO. 5420
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 ADMINISTRRATION TO THE CITY
OF PUEBLO RELATING TO LAND AT PUEBLO MEMORIAL AIRPORT
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SECTION 1:
W191; F IJI . 910 • "'i•' • 911 � I/ • � 91• •911 •• 1 � D `I
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 $196,000.00 BEING THE APPRAISED VALUE OF 27.56 ACRES OF LAND
LOCATED AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO AMERICAN STANDARD INC,
A DELAWARE CORPORATION, LOCALLY KNOWN AS TRANE COMPANY.
SECTION 2:
WITHIN FIVE YEARS FROM THE DATE OF THIS ORDINANCE, THE FUNDS
191' • 911 • 11 `I' ' 11 191 910 . 911 C 91 191 I. 911 • • ' •
AND IN PRIORITY MUTUALLY AGREEABLE TO THE FEDERAL, AVIATION ADMINISTRATION
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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
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OF SECTION 2 HEREOF.
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Chris C. Munoz PuebloCtyClkeReo DEED 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.
IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII IIII IIII
Page: 5
Chris C. Munoz P &Rec DEED RLR 26.00 D 0.00
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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 4710 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 located in the SE 1/4 of the NE 1/4 and the NE 1/4
of the SE 1/4 of Section 26, Township 20 South, Range 64 West of the
6th Principal Meridian, said parcel being more particularly described
as follows:
111111 oil IIIIII IIIII loll IN lilt III 1/11111111 Pa ge: 220 88
Chris C. Munoz PuebloCtyClk&Reo DEED RLR 26.00 D 0.00
Beginning at a point from which the NE corner of said Section 26
bears N. 04° 05' 38" E. (Bearings based on the north line of said
Section 26 to bear N. 89° 10' 48" W.), a distance of 1660.07 feet;
thence S. 01° 57' 57" E., a distance of 1516.82 feet; thence S. 88 02'
03" W., a distance of 790 feet; thence N. 01° 57' 57" W. a distance of
1522.24 feet; thence N. 88° 25' 39" E., a distance of 790.02 feet to
the Point of Beginning.
Said parcel contains 27.56 acres, more or less.
IN WITNESS WHEREOF the United States of America has caused this
Deed of Release to be executed as of the 11 day of flyCp uST
19 -- e) - 7 .
UNITED STATES OF AMERICA
ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION
By
Manager, Airports Division
Northwest Mountain Region
Federal Aviation Administration
STATE OF WASHHINGTON
COUNTY OF 1 ^J
On thi s // day of 14 J c o ,7 19_A/_, before me I�AIN 16 N y
a Notary u�blic 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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Chris C. Munoz Pueb1oCtyC1k&Reo DEED RLR 25.00 D 0.00
Witness my hand and official seal.
My Commission expires .3 — /0 — `//
a,,- �' �7�` ?
Notary Public
ACCEPTED: City of Pueblo, Colorado
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Pr ent of the City Council
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Chris C. Munoz PueblOCtYClk&Rsc DEED RLR 26.00 D 0.00
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