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HomeMy WebLinkAbout06027Reception 1119157 04/26/1996 ORDINANCE NO. 6027 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" (herein "Special Fund ") the sum of $116,000.00 being the appraised value of 8.86 acres of land located at Pueblo Memorial Airport to be conveyed to Atlas Pacific Engineering 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. 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, 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 6 01 YT is Or e shall become effective immediately upon final approval. INTRODUCED October 23, 1995 1 . C City rk By Al Gurule Councilperson AP )?ED: President of the City Council Reception 1119158 04/26/1996 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 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 Book: 2886 Page: 319 Chris C. !Munoz Page: 2 of 3 Pueblo Co.C1k.&Rec. 2 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 4,700 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: The subject property consists of an 8.86 acre tract of vacant land located at the northwest corner of the intersection of United Avenue with Keeler Parkway in the Pueblo Memorial Airport Industrial Park, Pueblo County, Colorado, and legally described as: LOTS 26, 27, & 28 PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK A parcel of land located in the County of Pueblo, State of Colorado, to -wit: A parcel of land located within a portion of the W lh of the SW V4 of Section 30, Township 20 South, Range 63 West and the E lh of the SE V4 of Section 25, Township 20 South, Range 64 West of the Sixth Principal Meridan, being more particularly described as follows: BEGINNING at the intersection of the apparent easterly right of way line of Skyway Street and the apparent southerly right of way line of Atlas Avenue from which the NW corner of said Section 30 bears N 08 -09 -42 E, (bearings based on the north line of said Section 30, monumented at both ends with a brass cap assumed to bear N 89 -59 -27 E), a distance of 3657.44 feet; thence N 88 -32 -10 E along said apparent southerly right of way line of Atlas Avenue, a distance of 895.66 feet to a point on the apparent westerly right of way line of Keeler Parkway; thence southerly and westerly along the said apparent westerly right of way line of Keeler Parkway and the apparent northerly right of way line of United Boot: 2886 Page: 320 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1t.&Rec.3 Avenue the following three (3) courses; 1) S 01 -31 -26 E, a distance of 36.89 feet 2) along the arc of a curve to the right having a central angle of 81 -49 -10 and a radius of 440.00 feet a distance of 628.33 feet; 3) S 88 -29 -21 W, a distance of 455.56 feet to a point on the said apparent easterly right of way line of Skyway Street; thence N 01 -31 -26 W along said easterly right of way line of Skyway Street, a distance of 477.72 feet to the POINT OF BEGINNING. Said parcel contains 8.86 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 13 - k" day of Nov e m 6 ER 19 9 5 . UNITED STATES OF AMERICA B Manager, Airp is Division Northwest Mountain Region Federal Aviation Administration Accepted: City of Pueblo, Colorado t By (Title)