HomeMy WebLinkAbout05433)G
ORDINANCE NO. 5433
AN ORDINANCE RELATING TO TRANSFER AND ALLOCATION OF
FUNDS FROM THE SALES AND USE TAX CAPITAL IMPROVEMENT
FUND TO THE SPECIAL AIRPORT IMPROVEMENT FU_IID 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, OCILORADO, THAT:
SECTION 1:
TAX CAPITAL IMPROVE ENr FUND TO A SPECIAL FUND HEREBY CREATED AND KNOWN AS
THE "SPECIAL AIRPORT IMPROVE Wr TRUST FUND - 1987' (HEREIN SPECIAL FUND)
THE SUM OF $117,250.00 BEING THE APPRAISED VALUE CE 16.46 ACRES OF LAND
LOCATED AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO THE B. F. GOODRICH
COMPANY, A NEW YORK CORPORATION.
SECTION 2:
WITHIN FIVE YEARS FROM THE DATE OF THIS ORDINANCE, THE FUNDS
DEPOSITED INTO SAID F :CIAL FUND HERESY CREATED SHAD BE EXPENDED ON PROJECTS
AND IN PRIORITY MUTU_'.LY AGREEABLE TO THE FEDERAL AVIATION ADMINISTRATION
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.
•O _ •A
THE DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION
UNDER DATE OF October 5, 1987 IN SUBSTANTIALLY THE FOMI ATTACHED
HERETO, IS HEREBY APPROVED AND ACCEP'T'ED. THE PRESIDENT OF THE CITY
COUNCIL IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF
OF THE CITY THE DEED OF RELEASE WITH SUCH MODIFICATIONS AND CHANGES
HE AND THE CITY ATTORNEY MAY APPROVE.
THE CITY CLERK IS AUTHORIZED AND DIRECTED TO ATTEST SAME AND
AFFIX THE SEAL OF THE CITY THERETO.
THIS ORDINANCE SHALL BECOME EFFECTIVE LhMEDIATELY UPON FINAL
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BY PAUL JONES
Councilman
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NO. '84902 RECORDED NOV 19
PUEBLO COUNT'(, COLORADO 1987 Book2375 raGc94;-7*
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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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 being a part of the W 1/2 of the SW 1/4 of
Section 25, and a part of the E 1/2 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:
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Beginning at a point from which the northeast corner of said
Section 26 bears N. 08 07' 24" W. (Bearings based on the north line of
said Section 26 to bear N. 89 10' 48" W. with all bearings contained
herein being relative thereto), a distance of 3,336.86 feet; thence S.
01 57' 57" E., a distance of 1,194.56 feet; thence S. 87 55' 59" W.,
a distance of 600.00 feet; thence N. 01 57' 57" W., a distance of
1,195.62 feet; thence N. 88 02' 03" E., a distance of 600.00 feet to
the Point of Beginning.
Said parcel contains 16.46 acres, more or less.
IN WITNESS WHEREOF the United States of 4merica has caused this
Deed of Release to be executed as of the O" day of
UNITED STATES OF AMERICA
ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION
By — L .�� _f
Manager, irports Division
Northwest Mountain Region
Federal Aviation Administration
STATE OF WASHINGTON
COUNTY OF k1A)6
On this STf day of 19_� , before me
a. Notary Public in and fort the St ate of Washington, personally appeared
kdiward;;G. Tatum, known to me to be the Manager, Airports Division,
�,.NorthWe$t••- Mountain Region, Federal Aviation Administration, and known
".pfd me to.'be.,the person whose name is subscribed to this Deed of Release
Aiia ack,noi 16dged that he executed the same on behalf of the Administrator,
<; Federal "Aviation Administration and the United States of America.
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Witness my hand and official seal.
My Commission expires
ATTEST:
VIA
APPROVED:
0 /' a,
Notary Public
ACCEPTED: City of Pueblo, Colorado
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Pre ent of the City Council
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