HomeMy WebLinkAbout06567ORDINANCE NO. 6567
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 40) LOCATED AT PUEBLO
MEMORIAL AIRPORT TO BE CONVEYED TO UNIVERSAL BOILER WORKS
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 $69,500.00 being the appraised value of 4.71 acres of land (Lot 40)
located at Pueblo Memorial Airport to be conveyed to Universal Boiler Works. 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.
ATTEST:
Cit Jerk
INTRODUCED July 24 _. 2 000
By Al Gurule
Council erson
APP V
Pre ident of the City Council
/�
Council Agenda
ORDINANCE ACCEPTING DEED OF RELEASE
FROM THE FAA FOR PROPERTY SOLD TO
TITLE UNIVERSAL BOILER WORKS (LOT 40) AGENDA ITEM #
DEPARTMENT PUEBLO MEMORIAL AIRPORT DATE: JULY 24, 2000
ISSUE
Land sale to Universal Boiler Works (Lot 40).
RECOMMENDATION
Approve the Ordinance so the land sale may be completed.
BACKGROUND
A resolution was passed on May 24, 1999, approving an agreement between the City of
Pueblo and Universal Boiler Works relating to the transfer of land (Lot 40) at the Pueblo
Memorial Airport (Resolution No. 8710). A resolution was passed on March 27, 2000,
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 4.71 acres of land (Lot 40) to be sold to Universal Boiler Works (Resolution No.
8957).
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 $69,500.00 for the 4.71 acres is required for the land sale and
the agreement to be completed.
FINANCIAL IMPACT
As indicated above.
Reception 1622489
06/01/2005
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, pages
87 -117, 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,
►:I I 1 Do 1 14
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,
(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 40, 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 W '/a of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian,
Pueblo County, Colorado, being more particularly described as follows:
BEGINNING at the SW corner of said Lot 40; thence, along the boundary of said Lot 40 the
following four (4) courses:
1. N 01 0 31'52" W, along the east right -of -way line of Reyes Street, a distance of
360.34 feet;
2. N 88'28'10" E, a distance of 569.63 feet to the west right -of -way line of
Fairchild Street;
3. S 01 °33'47" E, along said west right -of -way line, a distance of 360.30 feet to the
north right -of -way line of Excellence Avenue;
4. S 88 °27'57" W, along said north right -of -way line, a distance of 569.83 feet to
the point of beginning.
Said parcel contains 4.71 acres.
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 f! t day of J� me , 2000.
UNITED STATES OF AMERICA
Accepted
City o Pue lo, Color
B (&_-
(Title) President of the Council
By
Manager, Airports Division
Northwest Mountain Region
Federal Aviation Administration