HomeMy WebLinkAbout05947Reception 1075866
04/03/1995
ORDINANCE NO. 5947
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 THECITY 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" (herein "Special Fund") the sum of $56,000.00 being the appraised value of 4.94 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 February 3, 1995, 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 FEBRUARY 27, 1995
By JOHN CALIFANO
Reception 1075867
04/03/1995
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. 700), as
amended, to the City of Pueblo, a body politic under the laws of the State of Colorado,
Withesseth
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 instnnnent 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 xeal property hereinafier described,
together with the fight 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 off of aircraft at the Pueblo Memorial Airport, or otherwise
constitute an airport heard,
hereby releases the said real property from the conditions, reservations and restfictions 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:
The subject property, is the northeast comer of William White Boulevard and
William White Way in the Pueblo Memorial Industrial Park, Pueblo County,
Colorado, and legally described as:
A parcel of land located in N½ of the SE¼ of Section 26, Township 20 South,
Range 64 West of the 6th Principal Meridian, said parcel being more particularly
described as follows:
Beginning at a point from which the Northeast comer of said Section 26 bears N
18-01-14 E (beatings based on the North line; of said Section 26 to bear N 89-10-
48W), a distance of 2,824.05 feet; thence S 0,1,57-57 E a distance of 5 13.64 feet;
thence S 88-02-3 W, a distance of 419.03 feet;' thence N 01-57-57 W, a distance of
513.64 feet; thence N 88-02-03 E, a distance of 419.03 feet to the Point of
Beginning.
Said parcel contains 4.94 acres, more or less.
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 America has caused this Deed
of Release to be executed as of the 3 day of ~ 19 ~ 5' .
UNITED STATES OF AMERICA
By Manager, Airo~a~s Division
Northwest Mountain Region
Federal Aviation Administration
Accepted:
City of Pueblo, Colorado
~ENT OF THE CITY COUNCIL