HomeMy WebLinkAbout06441ORDINANCE NO. 6441
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 36) LOCATED AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO THE
SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT
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 $20,000.00 being the appraised value of 1.80 acres of land (Lot 36)
located at Pueblo Memorial Airport to be conveyed to the Southeastern Colorado Water Conservancy
District. 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 attestsame and
affix the Seal of the City thereto.
SECTION 5.
This Ordinance shall become effective immediately upon final approval.
INTRODUCED May 24, 1999
BY Al Gurule
Councilperson
APPROVED: li a e6' I
President of the Council
ATTEST:
Council Agenda
ORDINANCE ACCEPTING DEED OF RELEASE
FROM THE FAA FOR PROPERTY SOLD TO
TITLE: THE SOUTHEASTERN COLORADO WATER
CONSERVANCY DISTRICT (LOT 36) AGENDA ITEM #
DEPARTMENT: PUEBLO MEMORIAL AIRPORT DATE: MAY 24, 1999
ISSUE
Land sale to the Southeastern Colorado Water Conservancy District (Lot 36).
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 the Southeastern Colorado Water Conservancy District relating to the transfer
of land (Lot 36) at the Pueblo Memorial Airport (Resolution No. 8454). A resolution was
passed on March 22, 1999, 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 1.80 acres of land (Lot 36) to be sold to the Southeastern
Colorado Water Conservancy District (Resolution No. 8643).
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 $20,000.00 for the 1.80 acres is required for the land sale and
the agreement to be completed.
FINANCIAL IMPACT
As indicated above.
Reception 1347371
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,
11111111111111111111111111111 IN 111111111111111111 IN
1347371 08/25/2000 10:14A REL Chris C. Munos
2 of 3 R 15.00 D 0.00 Pueblo C!y Clerk & Rec
(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:
Lot 36, Pueblo, Memorial Airport Industrial Park Subdivision according to the recorded
plat thereof filed for record November 11, 1995, in Book 2836 at Pages 665 -670 in the
records of the Pueblo County clerk and Recorder, located within a portion of the W %2 of
the 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 northwest corner of said Lot 36, Pueblo Memorial Airport Industrial
Park Subdivision from which the W 1 /4 corner of said Section 30, Township 20 South,
Range 63 West, bears N 45 °51'25 "W (bearings based on the west line of the SW 1 /4 of
said Section 30, the W 1 /4 corner monumented by a brass cap in a cast iron monument box
and at the SW corner by an aluminum monument box, P.L.S. No. 16128 to bear N
00 °05'41 "W as established on the recorded plat thereof) a distance of 1598.80feet; thence
N 88'26'13"E a distance of 285.02 feet to the NE corner of said Lot 36; thence S
01'32'18"E along said east line of said Lot 36, a distance of 274.76 feet to the SE corner
of said Lot 36; thence S 88 °25'20 "W along the south line of said Lot 36 a distance of
285.05 feet to the SW corner of said Lot 36; thence N 01 °31'52 "W along the west line of
said Lot 36 a distance of 274.83 feet to the POINT OF BEGINNING.
Said Parcel contains 1.80± acres.
1 111111111111111111111111111111111111111111111111111111 IN 1111
1347371 08/25/2000 10:14A REL Chris C. Munoz
3 of 3 R 13.00 D 0.00 Pueblo Cty Clerk & Rec
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 .1 q fkn day of 19 19
UNITED STATES OF AMERICA
By
Manager, Denver Denver Airports District Office
Northwest Mountain Region
Federal Aviation Administration
Accepted:
City o ' uiblo, Colora
B
y
t