Loading...
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