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.
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soot 2594: 967
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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