HomeMy WebLinkAbout06368ORDINANCE NO. 63618
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 (LOT 70) LOCATED AT PUEBLO
MEMORIAL AIRPORT TO BE CONVEYED TO THE COLORADO STATE LAND BOARD
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 $83,000.00 being the appraised value of 11.26 acres of land (Lot 70)
located at Pueblo Memorial Airport to be conveyed to the Colorado State Land Board. 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 26, 1998
By Robert Schilling
Councilperson
ATTEST: APPROVED:
PA. & dz
City C President of e City Council
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Council Agenda
ORDINANCE ACCEPTING DEED OF RELEASE
FROM THE FAA FOR PROPERTY SOLD TO
TITLE: COLO. STATE LAND BOARD (LOT 70) AGENDA ITEM # f
DEPARTMENT: PUEBLO MEMORIAL AIRPORT DATE: OCTOBER 26, 1998
ISSUE
Land sale to Colorado State Land Board (Lot 70).
RECOMMENDATION
Approve the Ordinance so the land sale may be completed.
BACKGROUND
A resolution was passed on July 13, 1998, approving an agreement between the City of
Pueblo and Colorado State Land Board relating to the transfer of land (Lot 70) at the Pueblo
Memorial Airport (Resolution No. 8455). 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 11.26 acres of land (Lot 70) to be sold to the Colorado State Land Board (Resolution
No. 8487).
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 $83,000.00 for the 11.26 acres is required for the land sale and
the agreement to be completed.
FINANCIAL IMPACT
As indicated above.
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08/25/2000 10:14A
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 being of the N% of Section 29, Township 20 South, Range 63 West
of the 6 ' Principal Meridian, being more particularly described as follows:
Lot 70, 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 SE corner of said Lot 70, from which the E' /a corner bears S
14 °52'27" E (bearings based on the east line of the NE' /a of said Section 29,
monumented at each end by a 1' /z" brass cap on iron pipe set in a 1' x l' concrete pad, to
bear S 00 °02'28" E as described on the plat thereof) a distance of 722.38 feet; thence S
88 °24'01" W along the northerly right of way line of United Avenue a distance of 548.93
feet to the SW corner of said Lot 70; thence N 22 °35'55" W along the west line of Lot 70,
a distance of 765.94 feet; thence N 88 °25'39" E along the north line of said Lot 70 a
distance of 823.41 feet to the NE corner of said Lot 70; thence S 01 °35'59" E along the
east line of said Lot 70, a distance of 714.68 feet to the POINT OF BEGINNING.
Said Parcel contains 11.26 acres, more less.
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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 ited States of American has caused this Deed of
Release to be executed as of the /,, day of 19�.
UNITED STATES OF AMERICA
By
Manager, Denver Airports District Office
Northwest Mountain Region
Federal Aviation Administration
Accepted:
City of Pueblo, Colorado
By
(Title)