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HomeMy WebLinkAbout06588ORDINANCE NO. 6588 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 (LOTS 53, 54, & 55) LOCATED AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO STEEL, INC. Be it ordained by the City Council of Pueblo, Colorado, that: SECTION l 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 $59,000.00 being the appraised value of 4.80 acres of land (Lots 53, 54, & 55) located at Pueblo Memorial Airport to be conveyed to Steel, Inc. 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. INTRODUCED September 11, 2000 By Councilperson ATTEST: 4Cit APPROVED: President of the City Council Al Gurule Passed & Approved: September 25, 2000 Council Agenda ORDINANCE ACCEPTING DEED OF RELEASE FROM THE FAA FOR PROPERTY SOLD TO TITLE: STEEL, INC. (LOTS 53, 54, & 55) AGENDA ITEM # 2(p DEPARTMENT: PUEBLO MEMORIAL AIRPORT DATE: SEPTEMBER 1 1 , 2000 ISSUE Land sale to Steel, Inc. (Lots 53, 54, & 55)• RECOMMENDATION Approve the Ordinance so the land sale may be completed. BACKGROUND A resolution was passed on March 27, 2000, approving an agreement between the City of Pueblo and 515 Animas, Inc. dba Steel, Inc. relating to the transfer of land (Lots 53, 54, & 55) at the Pueblo Memorial Airport (Resolution No. 8953). A resolution was passed on June 12, 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 4.80 acres of land (Lots 53, 54, & 55) to be sold to Steel, Inc. (Resolution No. 9034). 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 $59,000.00 for the 4.80 acres is required for the land sale and the agreement to be completed. FINANCIAL IMPACT As indicated above. Reception 1622490 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 Pueblo Memorial Airport, subject to certain conditions, reservations, exceptions, and restrictions; and, VAV:13i t7 3lrc� The City has requested the FAA to execute an 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, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6622490 2 Chris C. Munoz PuebloCtyC1k &Rec DEED RL 1 D 0.00 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 53, 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 S '' /Z of the NE '/< and the N '/z of the SE '/. 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 Westernmost corner of said Lot 53; thence, along the boundary of said Lot 53 the following six (6) courses: 1. N 43 °28'39" E, a distance of 169.90 feet to the right -of -way of Walt Bassett Avenue; 2. N 43 °28'39" E, along said right -of -way, a distance of 38.37 feet; 3. S 46 °31'41" E, a distance of 226.91 feet; 4. S 43 °27'28" W, a distance of 179.20 feet; 5. N 46 °32'32" W, a distance of 32.79 feet; 6. N 55 °02'21" W, a distance of 196.35 feet to the Point of Beginning. Said parcel contains 1.00 acre. A parcel of land located within the County of Pueblo, State of Colorado, to wit: Lot 54, 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 S % of the NE '/< and the N %: of the SE '/< 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 Southernmost corner of said Lot 54; thence, along the boundary of said Lot 54 the following six (6) courses: 1. N 46 °32'32" W, a distance of 209.96 feet; 2. N 43 °27'28" E, a distance of 179.20 feet; 3. N 46 °31'41" W, a distance of 226.91 feet to the right -of -way of Walt Bassett Avenue; 4. N 43 °28'39" E, along said right -of -way, a distance of 20.00 feet; 5. S 46 °31'41" E, a distance of 436.91 feet; 6. S 43 W, a distance of 199.15 feet to the Point of Beginning. Said parcel contains 1.06 acres. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6622490 3 Chris C. Munoz PuebloCtyClk &Reo DEED RLR 16.00 D 0.00 A parcel of land located within the County of Pueblo, State of Colorado, to wit: Lot 55, 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 SE '/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 Southernmost comer of said Lot 55; thence, along the boundary of said Lot 55 the following four (4) courses: 1. N 46 °32'32" W, a distance of 600.00 feet; 2. N 43 E, a distance of 199.15 feet; 3. S 46 °31'41" E, a distance of 599.75 feet to the right -of -way of Lockheed Street; 4. S 43 °23'57" W, along said right -of -way, a distance of 199.00 feet to the Point of Beginning. Said parcel contains 2.74 acres. Total acreage of all three (3) lots is 4.80 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 America has caused this Deed of Release to be executed as of the I !S *!� day of A ��, 2000. UNITED STATES OF AMERICA By _ A rAo , Manager, Airports District Offi Northwest Mountain Region Federal Aviation Administration Accepted- City P b Co By 11 � (Title)