HomeMy WebLinkAbout06367ORDINANCE NO. 6367
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 (PARCEL O, LOT 1) LOCATED
AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO FLEXIBLE FOAM, 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 $42,000.00 being the
appraised value of 3.37 acres of land (Parcel O, Lot 1) located at Pueblo Memorial Airport
to be conveyed to Flexible Foam, 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 City thereto.
SECTION 5
This Ordinance shall become effective immediately upon final approval.
INTRODUCED October 26, 1998
BY: Al Gurule
Councilperson
APPROVED:
ATTEST: President 00he c uncil
1. WIF
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Council Agenda
ORDINANCE ACCEPTING DEED OF RELEASE
FROM THE FAA FOR PROPERTY SOLD TO
TITLE: FLEXIBLE FOAM, INC. (PARCEL 0, LOT 1 )
AGENDA ITEM # # 2'
DEPARTMENT: PUEBLO MEMORIAL AIRPORT DATE: OCTOBER 26, 1998
ISSUE
Land sale to Flexible Foam, Inc. (Parcel 0, Lot 1).
RECOMMENDATION
Approve the Ordinance so the land sale may be completed.
BACKGROUND
A resolution was passed on June 22, 1998, approving an agreement between the City of
Pueblo and Flexible Foam, Inc. relating to the transfer of land (Parcel 0, Lot 1) at the Pueblo
Memorial Airport (Resolution No. 8445). A resolution was passed on August 10, 1998,
approving an agreement between the City of Pueblo and the United States of America
relating to establishing a Special Airport Improvement Trust Fund for the proceeds of the
sale of 3.37 acres of land (Parcel O, Lot 1) to be sold to Flexible Foam, Inc. (Resolution No.
8488).
The acceptance of the Deed of Release from the United States Government and the
approval of an Ordinance establishing a Special Airport Improvement Fund in the amount
of the appraised value of $42,000.00 for the 3.37 acres is required for the land sale and
the agreement to be completed.
FINANCIAL IMPACT
As indicated above.
Reception 1347389
08/25/2000
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 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,
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(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 located within a portion of the E V2 of Section 30, Township 20 South,
Range 63 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado,
being more particularly described as follows:
BEGINNING at the NW corner of Lot 1 , of said Parcel O, from which the W % 4 corner of
said Section 30, Township 20 South, Range 63 West, bears N 81 °55'30" W (bearings based on
the west line of the SW %4 of Section 30, the W V4 corner monument by a brass cap in a cast iron
monument box and at the SW corner by an aluminum monument, P.L.S. No. 16128 to bear N
00 °05'41 as established on the recorded plat of Pueblo Memorial Airport Industrial Park
Subdivision filed for record November 11, 1995 in Book 2836 at Page 665 -670 in the records of
the Pueblo County Clerk and Recorder) a distance of 4066.20 feet; thence N 43 °25'54" E along
the southerly right of way line of Lockheed Street a distance of 233.91 feet; thence along the arc
of a non - tangent curve to the left whose center bears N 15'15'15" E and having a central angle of
34'19'15" and a radius of 84.99 feet a distance of 50.91 feet to the most westerly corner of
Parcel A of said Parcel O; thence S 46 °27'27" E along the southwesterly line of said Parcel A, a
distance of 516.18 feet to a point on the northerly right of way line of United Avenue; thence
along said northerly right of way line of United Avenue the following two (2) courses;
1. Along the arc of a non - tangent curve to the left whose center bears
S 43 °43'54" E and having a central angle of 02 °50'35" and a radius of
4859.60 a distance of 241.13 feet;
2. S 43 °28'06" W a distance of 28.21 feet to the most easterly corner of Parcel B
of said Parcel O;
Thence N 46 °29'52" W along the northeasterly line of said Parcel B, a distance of 545.47
feet to the POINT OF BEGINNING.
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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 day of (f�%� 19�.
UNITED STATES OF AMERICA
By
Manager, Denver Airports District Office
Northwest Mountain Region
Federal Aviation Administration
Accepted:
City of Pueblo, Colorado
By ,
(Title)