HomeMy WebLinkAbout05708ORDINANCE NO. 5708
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 THE
PUEBLO MEMORIAL AIRPORT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT:
SECTION 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 - 1991" (herein `Special Fund')
the sum of $15,900.00 being the appraised value of 1.64 acres of land
located at Pueblo Memorial Airport to be conveyed to Pueblo Development
Foundation. 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.
SFrTTnN 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 of Pueblo for the further development of Pueblo Memorial Airport.
CFfTTnN I-
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 August 8, 1991, is on file in the Office of the City Clerk
and 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 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.
SECTION 5:
This Ordinance shall become effective immediately upon final
approval.
ATTEST: C
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INTRODUCED September 9, 1991
BY DR. GILBERT GARBISO
Counci person
APPROV
Pr dent of t e City Coun it
Reception 1064768
12/08/1994
DEED OF RELEASE
This instrument, a Deed 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 politic 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 Public 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,
The City intends to dispose of said land free and clear of the
reservations, restrictions, and conditions and receive other
valuable consideration therefor.
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) That 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 flight in the
said airspace, and for use of said airspace for landing on,
taking off from or operating on Pueblo Memorial Airport,
Book: 2772 Page: 904 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
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(2) 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 4,710 feet above sea level,
(3) 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,
hereby releases the said real property from the 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:
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 SE 1/4
of Section 30, Township 20 South, Range 63 West of the
Sixth Principal Meridian, said parcel being more
particularly described as follows.
Beginning at a point on the southerly right -of -way line
of United Avenue from which the Northwest corner of
section 29, Township 20 South, Range 63 West bears North
09 48' 58" East (all bearings used herein are based on
the North line of said Section 29 to bear North 89 59'
26" East) a distance of 3,529.88 feet; thence South 50
50' 57" East, a distance of 79.95 feet; thence South 46
31' 33" East, a distance of 329.58 feet; thence South 36
05' 09" West, a distance of 54.02 feet; thence North 81
58' 18" West, a distance of 103.04 feet; thence North 77
47' 20" West, a distance of 154.74 feet; thence North 60
36' 01" West, a distance of 211.42 feet to a point on
said Southerly right -of -way line of United Avenue; thence
North 43 24' 59" East along said right -of -way line, a
distance of 18.10 feet; thence continuing along said
right -of -way line of United Avenue along the arc of a
curve to the right whose radius is 4,759.60 feet, a
central angle of 02 41' 47 ", a distance of 223.99 feet
to the Point of Beginning. (Said parcel contains 1.64
acres more or less)."
Book: 2772 Page: 905 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
7
By its acceptance of this Deed of Release the City of Pueblo,
Colorado, covenants and agrees for itself, its successors and
assigns, to comply with and observe all of the conditions and
limitations hereof, which are expressly limited to the above -
described real property.
IN WITNESS WHEREOF the United States of American has caused
this Deed of Release to be executed as of the A'1 day of
19 .
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Accepted:
UNITED STATES OF AMERICA
0
By f .
Acting Manager, Airpor s Division
Northwest Mount in Region
Federal Aviation Administration
City of eblo, Colorado
By .
'tle) Michael Occhiato
PRESIDENT OF THE CITY COUNCIL