HomeMy WebLinkAbout06193Reception 1172153
06/10/1997
ORDINANCE NO. 6193
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 (LOTS 6 AND 7) LOCATED AT
PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO ASHLAND CHEMICAL 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 $277,000.00 being the appraised value of 37.38 acres of land (Lots 6 and
7) located at Pueblo Memorial Airport to be conveyed to Ashland Chemical 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.
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SECTION 5
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become effective immediately upon final approval.
INTRODUCED May 12, 1997
By Al Gurule
Councilperson
APPROVED:
1
President of e City/Council
Book: 3004 Page: 644 Chris C. Munoz
Page: 2 of 4 Pueblo Co.Clk. &Rec.
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 St:IIC s 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:
A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado to -wit:
A parcel of land being a part of the W% of the SE' /4 of Section 26, Township 20 South, Range 64
West, 6th Principal Meridian, being more particularly described as follows:
Lot 7, Pueblo Memorial Airport Industrial Park Subdivision according to the recorded plat
thereof filed for record October 11, 1995, in Book 2836 at Pages 665 -670 in the records of the
Pueblo County Clerk and Recorder, also described as follows:
BEGINNING at the northeast corner of said Lot 7 from which the northeast corner of said
Section 26 bears N 24 °09'58" E (Bearings based on the north line of said Section 26
monumented on the west end with a No. 8 rebar in concrete and on the east end with a 3'/2"
aluminum cap on a 2'/i "x30" aluminum pipe assumed to bear N 89'10"48" W), a distance of
3695.34 feet; thence S 01 °57'57" E along the east line of said Lot 7, a distance of 1173.59 feet to
Book: 3004 Page: 645 Chris C. Munoz
Page: 3 of 4 Pueblo Co.Clk. &Rec.
the southeast corner of said Lot 7; thence S 89 °21'06" W along the south line of said Lot 7, a
distance of 698.67 feet; thence 01 ° 57'57" W along the west line of said Lot 7, a distance of
1157.52 feet; thence N 88 °02'03" E along the north line of said Lot 7, a distance of 698.49 feet
to the POINT OF BEGINNING.
Said parcel contains 18.69 acres, more or less.
And:
A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado to Wit:
A parcel of land being a part of the W' /z of the SE' /4 and the E/2 of the SW' /4 of Section 26,
Township 20 South, Range 64 West, 6th Principal Meridian, being more particularly described
as follows:
Lot 6, Pueblo Memorial Airport Industrial Park Subdivision according to the recorded plat
thereof filed for record October 11, 1995 in Book 2836 at Pages 665 -670 in the records of the
Pueblo County Clerk and Recorder, also described as follows:
BEGINNING at the northeast corner of said Lot 6 from which the northeast corner of said
Section 26 bears N 33'04'10"E (Bearings based on the north line of said Section 26
monumented on the west end with a No. 8 rebar in concrete and on the east end with a 3'/z"
aluminum cap on a 2'/2 "x30" aluminum pipe assumed to bear N 89'10'48" W), a distance of
4051.80 feet; thence S 01 °57'57" E along the east line of said Lot 6, a distance of 1157.52 feet;
thence S 89 °21'08" W along the south line of said Lot 6, a distance of 730.24 feet; thence N
00 °12'56" E along the west line of said Lot 6, a distance of 1141.55 feet; thence N 88 °02'03" E
along the north line of said Lot 6, a distance of 686.59 feet to the POINT OF BEGINNING.
Said parcel contains 18.69 acres, more or less.
(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 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 hazard,
Book: 3004 Page: 646 Chris C. Munoz
Page: 4 of 4 Pueblo Co.C &Rec.
3
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 NW1 /4 of the SWIA of Section 30, Township 20 South,
Range 63 West and a portion of the NE1 /4 of the SE1 /4 of Section 25, Township 20 South,
Range 64 West of the Sixth Principal Meridian, being more particularly described as follows:
Beginning at a point from which the NW corner of said Section 30 bears N 07° 27' 12" W
(Bearings based on the north line of said Section 30 to bear N 89° 59' 27" E, with all bearings
contained herein being relative thereto), a distance of 2713.62 feet; thence S 01° 31' 26" E, a
distance of 400.27 feet; thence S 88° 27' 57" W, a distance of 895.66 feet; thence N 01' 31' 26"
W, a distance of 400.16 feet; thence N 88° 27' 39" E, a distance of 895.66 feet to the Point of
Beginning. Said parcel contains 8.23 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 American has caused this Deed of Release to be
executed as of the Z \ s L' day of &, r I 19 '�2 Z .
UNITED STATES OF AMERICA
By
Nance Earley, Acting Mana
Denver Airports District Office
Accepted:
City of Pueblo, Colorado
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