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)