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HomeMy WebLinkAbout05724ORDINANCE NO. 5724 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: SECTION l: 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 $34,300.00 being the appraised value of 3.92 acres of land located at Pueblo Memorial Airport to be conveyed to Century 400 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 of Pueblo for the further development of Pueblo Memorial Airport. CGrTT r)Kl 2. 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 the date of Nov. 14,1991 , 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 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. grrTrnnI F. This Ordinance shall become effective immediately upon final approval. ATTEST- INTRODUCED December 9, 199 BY FAY KASTELIC Councilperson APPROVED: Pres`i-dbnt of the City Council Reception 975014 5/22/1992 DEED OF RELSASE This instrument, a Deed of Release, made by the united States of America, acting by and through the Federal Aviation Adainist ration, 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, Nitnesseth 11lt�EAB, AssetsAAdminis and to Reorganization throug iorganis aton Plan One of 1987 (12 Fed. Rag. 8534) and the powers and authority* contained in the provisions of the Surplus Property Act of 1944, as amended, by instrument entitled 'Quitclaim Deed,e dated July 20, 1948, and recorded in Pueblo County, Colorado, in book 1078, page 87, did surrender, transfer, remise, release, quitclaim and convey to the ' City of Pueblo Colorado, airport facilities commonly known and se Public Memorial Airport, subject to certain boos, reservatiaRS. =ceptions, and restrictions; and, IMI M B, The City has requested the FAA to execute a Agreement of Release, wbsraby it would release the said described property from all the resergetioas, restrictions, and conditions as set forth in the said Agres mnti and F - -, Ty.� the City intends to dispose of said land free and clear of the reeervatioas, restrictions, and conditions and receive other velaM�le•oonsideratioa therefor. Moo 2WORZYM Per and in consideration of the recitals and of the benefits to accrue to the United States and to civil aviatias. 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 s000essoss 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, (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 oft 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 follow: A parcel' of land located within the County of Pueblo, State of Colorado to wit: A parcel of land located within a portion of the Ei/2 of the SN 1/4 of Section 30, Township 20 South, Range 63 Nast of the Sixth Principal Meridian, being more particularly described as follow: beginning at a point on the apparent westerly right- of-way line of Fairchild Street from which the N1 /4 corner of said Section 30 bears N 65 -38 -39 N (bearings based on the west line of the said ON 1/4 Of Section 30 to bear N 00 -05 -41 N), a distance of 1675.27 tests thence S 01 -32 -43 E. along said apparent westerly right of way line a distance of 599.37 feet to a point an the apparent northerly right of way line of United Avenues thenca S 88 -23-20 N, along said apparent northerly right of way line a distance of 285.05 feet; thence N O1 -32 -18 M. a distauve of 599.`2 feet; th =ce N 88 -27 -06 Z a distance of 284.98 toot to the Point of deginninq. Said parcel contains 3.92 acres, more or less. F soot 2594: 967 E' r• Li. 3 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 NITNESs NNEREOF the United states of American has d ca used this Do of Release i to be executed as of the y of UNITED STATES O! AMERICA By ]tanager, Airports Div Sion Northwest Mountain Region Federal Aviation Administration Accepted= City Ofj_VAeblo, Colorado my ae a President of the C1ty Council