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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. O` JM SECTION 5 4 C 1 . 1 0 w �iinarAc 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 B r Y (Title) PRE5iDEt4A D F THE CZ0 r\ % L n.,Yra u�Yw fi n %. o0 w a c c m � � u oo �•„ a m < G ° < a as a >v_a a�VV, a ao '^ z O <aaaaaaa « a(¢ <(<a¢<¢e¢¢ <a(¢ « <aaaa(aa Cc cc LU "� jh o W N ^ ^ ^n ^vIA OObONAbObvbbAbvvva ^NgbbAbNNNN O ¢ ° 1 AAAb O, bbbbYlUAggOOnqnvl ^bbn ^ ^NNNVON ^ ^�-�- Q �O � � v < nvv vlvnnbYf ^- ..Ngbbnb ^nNVOAinvo ^0000 � 4 a . 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