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HomeMy WebLinkAbout06076Reception 1119161 04/26/1996 ORDINANCE NO. 6076 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 THE RELEASE OF LAND LOCATED AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO AMERICAN STANDARD, INC. (TRANE COMPANY). 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 $ 105,000.00 being the appraised value of 10.04 acres of land located at Pueblo Memorial Airport to be conveyed to American Standard, Inc. (Trane 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 5 This grginance shall become effective immediately upon final approval. •; C INTRODUCED March 25, 1996 T BY Al Gurule Councilperson APPROVED: City ( &k Presid t of the City ouncil Reception 1119162 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, J. 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 Boot: 2886 Page: 327 Chris C. Munoz Pages 2 of 3 Pueblo Co.C1k.&Rec. 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: A parcel of land located within the County of Pueblo, State of Colorado, to wit: A parcel of land being a portion of the W 1/2 of the NE 1/4 and the W 1/2 of the SE 1/4 of Section 26, Township 20 South, Range 64 West of the Sixth Principal Meridan, being more particularly described as follows: BEGINNING at a point from which the NW corner of said Section 26 bears N 65- 50-21 W (bearings based on the west line of the NW 1/4 of said Section 26, monumented at both ends by a NO. 8 rebar in a 1.2' x 1.2' concrete pad flush with the ground assumed to bear N 00 -41 -33 W), a distance of 4315.23 feet; thence N 88 -25 -39 E, a distance of 464.04 feet; thence S 01 -57 -57 E, a distance of 1008.60; thence S 88 -02 -03 W, a distance of 419.03 feet to a point on the apparent easterly right -of way line of Eaton Way thence N 01 -57 -57 W along said apparent easterly right of way line a distance 463.17 feet; thence continuing along said apparent easterly right -of -way line along the arc of a curve to the left whose center bears N 33 -55 -54 W having a central angle of 148 -02 -03 and a radius of 85.00 feet, a distance of 219.61 feet; thence N 01 -57 -57 W a distance of 391.51 feet to the POINT OF BEGINNING. Said parcel contains 10.04 acres more or less f Book: 28 328 ueblo Co.C1ku&Rec.3 Page: 3 oPfa9e3 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 thheUnited States of America has caused this Deed of Release to be executed as of the �— day of Pe 19 Q(0. UNITED STATES OF AMERICA Y Manager, Airp its Division Northwest Mountain Region Federal Aviation Administration Accepted: City of Pueblo, Colorado By 1 (Title