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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 .4 ItAl , A '/ �/ AfZL4- 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. K (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 . \` �l�,rrt ~� ^'ice . 11'5 / ",• !�- LI �C 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