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HomeMy WebLinkAbout05852Reception 1632247 08/02/2005 ORDINANCE NO. 5852 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 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 - 1993" (herein "Special Fund ") the sum of $75,000.00 being the appraised value of 7.66 acres of land located at Pueblo Memorial Airport to be conveyed to Pueblo Development Foundation for purposes of constructing a facility to lease to Eaton Corporation with an option to purchase. 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. 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. e The Deed of Release, signed by the Federal Aviation Administration on November 22, 1993, and 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. The City Clerk is authorized to attest same and affix the Seal of the City thereto. 3 3 � Gf�l3 IIIIII VIII IIIIII IIIIII II IIIIIIII VIII III VIII IIII IIII 863224723 Chris C. Munoz PuebloCtyClk &Reo. ORD R 11.00 D 0.00 This Ordinance shall become effective immediately upon final approval. ATTEST: INTRODUCED Decem 27, 19 93 By JOHN CALIFANO Councilperson APPROVED: sigent of Reception 1632248 08/02/2005 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 cons of the benefits to aviation, the United of Pueblo, Colorado, to the hereinafter follows: ideration of the above - expressed recitals and accrue to the United States and to civil States of America upon inclusion by the City in the Instrument of Transfer conveying title described real property of provisions as (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, v�. p a IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $63224823 Chris C. Munoz Pueb1oCtyC1k &Reo DEED RLR 16.00 D 0.00 2 (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 located within a portion of the N1 /2 of the SE1 /4 and the S1 /2 of the NE1 /4 of Section 26, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the apparent westerly right -of -way line of William M. White Place from which the W1 /4 corner of said Section 26 bears N 84 -06 -14 W (bearings based on the west line of the NW1 /4 of said Section 26 monumented with an axle set in a 2 foot by 2 foot concrete slab on the south end and a No. 6 rebar set in a 2 foot by 2 foot concrete slab on the north end assumed to bear N 00 -41 -33 W) , a distance of 3924.86 feet; thence S 88 -02 -03 W, a distance of 419.03 feet; thence N 01 -57 -57 W, a distance of 802.10 feet; thence N 88 -25 -39 E, a distance of 379.04 feet to a point on said apparent westerly right -of -way line; thence southerly along said westerly right - of -way the following two (2) courses; 1) on the arc of a non - tangent curve to the left whose center bears N 88 -25 -39 E and having a central angle of 58 -25 -40 and a radius of 85.00 feet, a distance of 86.68 feet; 2) S 01 -57 -57 E, a distance of 726.81 feet to the POINT OF BEGINNING. Said parcel contains 7.66 Acres. IIIIII VIII IIIIII IIIIII it IIIIIiII VIII III VIII III) III) 863224823 Chris C. Munoz Pusb1oCtyC1k&Rec DEED RLR 16.00 D 0.00 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 WITNESS WHEREOF the United States of American has caused this Deed of Release to be executed as of the 22nd day of Novefrtwr 19 93 UNITED STATES OF AMERICA By l Manager, Airports Division Northwest Mountain Region Federal Aviation Administration STATE OF WASHINGTON County of King On this o� A day of 19 ` before me personally appeared a. T to be known to be the person described in and who executed the foregoing instrument alj��iowledged that he executed the same as his free act and R r F _ e u 4 P ='^ .,P.iic, State of Washington r ' , �Mp ! cigli�ifon expires: 3 r Accepted: City of Pueblo , C / / /�J B V` dLcG.� ( it e) oti n4 0 cc t`