HomeMy WebLinkAbout06442ORDINANCE NO. 6442
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 RELEASEOF
LAND (LOT 72) LOCATED AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO CHEMICAL
MARKETING CONCEPTS, INC., AND SAMPLE CENTER REALTY COLORADO
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 $91,000.00 being the appraised value of 10.12 acres of land (Lot 72)
located at Pueblo Memorial Airport to be conveyed to Chemical Marketing Concepts, Inc., and Sample
Center Realty Colorado. 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 Cathy A. Garcia
Councilperson
APPROVED: f ii -- e6l �--
President of the Council
ATTEST:
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Reception 1347372
08/25/2000
DEED OF RELEASE
This ins rument, a Deed of Release, made by the United States of America, acting by and
through the Fede al 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 o the State of Colorado, Witnesseth
R.EAS,
The Unit d States of America, acting by and through the War Assets Administrator, under and
pursuant to Reo ganization 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 commo ly known and designated as Public Memorial Airport, subject to certain conditions,
reservations, exc ptions, and restrictions; and,
The City
the said describe
Agreement; and
.as requested the FAA to execute a Agreement of Release, whereby it would release
property from all the reservations, restrictions, and conditions as set forth in the said
The City intends to dispose of said land free and clear of the reservations, restrictions, and
conditions and re eive other valuable consideration therefor.
OW THEREFORE,
For and i 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 foll ws:
(1) That the City of Pueblo, Colorado, reserves unto itself, its successors and
a signs, for the use and benefit of the public a right of flight for the passage of aircraft in
th airspace above the surface of the real property hereinafter described, together with
th right to cause in said airspace such noise as may be inherent in the operation of
ai craft, now known or hereafter used, for navigation of flight in the said airspace, and
fo use of said airspace for landing on, taking off from or operating on Pueblo Memorial
(2 That the Grantee expressly agrees for itself, its successors and assigns to restrict
th height of structures, objects of natural growth and other obstructions on the
h reinafter described real property to a height of not more than 4,700 feet above sea
le el.
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1347372 08/25/2000 10:14A REL Chris C. Munoz
2 of 3 R 15.00 D 0.00 Pueblo Cty 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 72, Pueblo, Memorial Airport Industrial Park Subdivision, filed for record in Book
2836 at Pages 665 -670 in the records of the Pueblo County clerk and Recorder, located
within a portion of the N'' /z of the Section 29, 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 SE corner of said Lot 72, from which E' /4 corner bears S 70 °58'33 "E
(bearings based on the east line of the NE 1 /4 of said Section 29, monumented at each end
by 1' /2" brass cap on iron pipe set in 1'x 1' concrete pad, to bear S 51 °26'42 "E as
established on the recorded plat thereof) a distance of 1996.08 feet; thence S
88 °24'01 "W along the northerly right of way line of United Avenue a distance of 615.91
feet to the SW corner of said Lot 72; thence N 01 °35'59 "W along the west line of Lot 72,
a distance of 715.78 feet; thence N 88 °25'39 "E along the north line of said Lot 72 a
distance of 615.91 feet to the NE corner of said Lot 72; thence S 01 °35'59 "E along the
east line of said Lot 72 a distance of 715.49 feet to the POINT OF BEGINNING.
Said Parcel contains 10.12± acres.
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1347372 08/25/2000 10:14A REL Chris C. Munox
3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Ree
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 I LP day of 19
UNITED STATES OF AMERICA
ll
Manager, Denver Airports District Office
Northwest Mountain Region
Federal Aviation Administration
Accepted:
City of blo, Colorado
B
Y
(Title)
Council Agenda
ORDINANCE ACCEPTING DEED OF RELEASE
FROM THE FAA FOR PROPERTY SOLD TO
TITLE: CHEMICAL MARKETING CONCEPTS, INC., &
SAMPLE CENTER REALTY COLORADO (LOT 72)
AGENDA ITEM # 7
DEPARTMENT: PUEBLO MEMORIAL AIRPORT DATE: MAY 24, 1999
ISSUE
Land sale to Chemical Marketing Concepts, Inc., and Sample Center Realty Colorado (Lot
72).
RECOMMENDATION
Approve the Ordinance so the land sale may be completed.
BACKGROUND
A resolution was passed on November 23, 1998, approving an agreement between the City
of Pueblo and Chemical Marketing Concepts, Inc., and Sample Center Realty Colorado
relating to the transfer of land (Lot 72) at the Pueblo Memorial Airport (Resolution No.
8577). 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 10.12 acres of land (Lot 72) to be
sold to Chemical Marketing Concepts, Inc., and Sample Center Realty Colorado (Resolution
No. 8642).
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 $91,000.00 for the 10.12 acres is required for the land sale and
the agreement to be completed.
FINANCIAL IMPACT
As indicated above.