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ORDINANCE NO. 6132
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 NAVAJO SHIPPING, INC.
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 $95,000.00 being the appraised value of 12.19 acres of land located at
Pueblo Memorial Airport to be conveyed to Navajo Shipping, Inc. 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 Ordinance shall become effective immediately upon final approval.
INTRODUCED October 15, 1996
BY Al Gurule
Councilperson
ATTEST: APPROVED:
/Z
City CI Presid t of the City ouncil
Reception 1347368
08/23/2000
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
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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 12.19 acre tract of vacant land located at the
southwest corner of the intersection of United Avenue and Doane Place in the Pueblo
Memorial Airport Industrial Park, Pueblo County, Colorado, and legally described as:
LOT 63
A parcel of land located within the County of Pueblo, State of Colorado to Wit:
A parcel of land being portions of the W 1 /2 of Section 29 and the E 1 /z 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 United
Avenue from which the E 1 /4 corner of said Section 29 bears N 85 -46 -18 E
(bearings based on the east line of the said NE 1 /4 of Section 29, monumented at
each end by a found brass cap on iron pipe set in concrete pad, to bear N 00 -02 -28
W), a distance of 5,344.13 feet; thence along the said apparent southerly right of
way line on an arc of a curve to the right whose center bears S 35 -09 -59 E having
a central angle of 09 -36 -42 and a radius of 4,759.60 feet, a distance of 798.45 feet
to a point on the apparent westerly right of way line of Doane Place; thence S 24-
3 5 -3 0 E, along said apparent westerly right of way line a distance of 379.33 feet;
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thence continuing along said apparent westerly right of way on the arc of a curve
to the right; having a central angle of 05 -00 -00 and a radius of 960.00 feet, a
distance of 83.78 feet; thence 19 -35 -30 E along the said apparent westerly right of
way line, a distance of 326.51 feet; thence S 81 -33 -52 W, a distance of 871.80
feet; thence N 15 -19 -10 W, a distance of 471.68 feet to the POINT of
BEGINNING. Said parcel contains 12.19 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 2 g: : ! Tj,_ day of 19
UNITED STATES OF AMERICA
By
Manager, Airports Division
Northwest Mountain Region
Federal Aviation Administration
Accepted:
City of Pueblo, Colorado
By ).
(Titl president of the City Council
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1347368 08/25/2000 10:14A REL Chris C. Munoz
3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk 8 Rae