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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: ....- �+ 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. 111111111111111111111111111111111111111111111111111111 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. 1 IN IIIIIIIIII 1111111111111111111 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.