HomeMy WebLinkAbout05891ORDINANCE NO. 5891
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 $56,500.00 being the appraised value of
4.41 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.
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.
SECTION 3
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, signed by the Federal Aviation Administration on May 24, 1994, 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.
SECTION 5
This Ordinance shall become effective immediately upon final approval.
INTRODUCED July 25, 1994
B SMIUEL CORSENTINO
Councilperson
4 &4
APPROVED:
9resi ent f the City Council
Reception 1067347
01/04/1995
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. 7.00),
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: 2777 Page: 923 Chris C. Munoz
Page: 2 of 3 Pueblo Co.Clk. &Aec.
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 W1 /2 of the
SW1 /4 of Section 30, Township 20 South, Range 63 West of the
Sixth Principal Meridian, being more particularly described
as follows:
BEGINNING at a point on the apparent southerly right -of -way
line of Excellence Avenue (now known as Perfect Circle Avenue)
from which the W 1/4 corner of said Section 30 bears N 56 -13-
45 W (bearings based on the west line of the said SW 1/4 of
Section 30 to bear N 00 -05 -41 W), a distance of 793.92 feet;
thence N 88 -27 -57 E, along said apparent southerly right of
way line a distance of 389.21 feet to a point on the apparent
westerly right of way line of Reyes Street; thence S 01 -31 -52
E, along said apparent westerly right of way line a distance
of 419.81 feet; thence S 88 -25 -20 W, a distance of 109.00
feet; thence S- 01 -31 -52 E, a distance of 102.00 feet; thence
S 88 -25 -20 W, a distance of 280.27 feet to a point on the
apparent easterly right of way line of Keeler Parkway; thence
N 01 -31 -26 W, along said apparent easterly right of way line
a distance of 522.10 feet to the POINT OF BEGINNING.
Said parcel contains 4.41 acres, more or less.
Book: 2777 Page: 924 Chris C. Munoz
Page: 3 of 3 Pueblo Co.Clk. &Rec.
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 day of
-, MA 19 Ff 4 .
UNI STATES OF AMERICA
d � l
B
!�
anager, Airports Division
Northwest Mountain Region
Federal Aviation Administration
STATE OF WASHINGTON
County of King
On this day of 19_12Zf, before me
personally appeared C�L1C r /� to be known to be
the person described in and who executed the foregoing instrument
and acknowledged that he executed
deed.
Notary Public, State of Washington
the same as his free act and
My commission expires:
Accepted:
City of Pueblo, Colorado
By (11 7, T tle)
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