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.
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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�.
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Chris C. Munoz Pueb1oCtyC1k &Reo DEED RLR 16.00 D 0.00
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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 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.
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Chris C. Munoz Pusb1oCtyC1k&Rec DEED RLR 16.00 D 0.00
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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 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
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P
='^ .,P.iic, State of Washington
r ' , �Mp ! cigli�ifon expires: 3
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Accepted:
City of Pueblo , C
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