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HomeMy WebLinkAbout06792ORDINANCE NO. 6792 AN ORDINANCE AUTHORIZING THE ALLOCATION OF $15,000.00 TO THE SPECIAL AIRPORT IMPROVEMENT FUND, AND ACCEPTING AND APPROVING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LAND (PARCEL A, LOT 1) LOCATED AT THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK TO BE CONVEYED TO UTILICORP UNITED AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. There is hereby allocated to the Special Airport Improvement Trust Fund (herein Special Fund) the sum of $15,000.00 being the appraised value of 0.86 acres of land (Parcel A, Lot 1) located at Pueblo Memorial Airport Industrial Park to be conveyed to UtiliCorp United. The funds in the Special Fund 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 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 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: February 25. 2002 BY: Al Gurule CO CIL PERSON APPROVED: '� �`" ati" PRESIDENT OF CITY COUNCIL ATTESTED BY: Y CLERK PASSED AND APPROVED: March 25. 2002 Background Paper for Proposed ORDINANCE AGENDA ITEM #& 35 DATE: February 20, 2002 DEPARTMENT: AVIATION -JOHN O'NEAL TITLE AN ORDINANCE AUTHORIZING THE ALLOCATION OF $15,000.00 TO THE SPECIAL AIRPORT IMPROVEMENT FUND, AND ACCEPTING AND APPROVING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LAND (PARCEL A, LOT 1) LOCATED AT THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK TO BE CONVEYED TO UTILICORP UNITED AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Land sale to UtiliCorp United (Parcel A, Lot 1). RECOMMENDATION Staff recommends approval of this ordinance in order to complete the land sale. BACKGROUND A resolution was passed on June 25, 2001 approving an agreement between the City of Pueblo and the United States of America relating to the sale of 0.86 acres of land (Parcel A, Lot 1) to be sold to UtiliCorp United (Resolution No. 9329). The acceptance of the Deed of Release from the United States Government and an allocation to the Special Airport Improvement Fund in the amount of the appraised value of $15,000.00 for the 0.86 acres of land is required for the land sale and the agreement to be completed. FINANCIAL IMPACT Funds in the amount of $15,000.00 shall be allocated to the Special Airport Improvement Fund. Reception 1622491 06/01/2005 tl (R q 2 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 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, WHEREAS, 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, 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: A portion of Lot I and a Portion of Parcel A. Pueblo Memorial Airport Industrial Park Subdivision, according to the recorded plat thereof, filed for record October 11, 1995 in Book 2836 at pages 665 -670 at Reception No. 1096136 in the records of the Pueblo County Clerk and Recorder, located within a portion of the NW1/4 of Section 26, Township 20 South, Range 64 West of the Sixth Principal meridian, being more particularly described as follows: Bearings based on the east line of said Lot 1, to be S 00° 41' 33" E as established on the recorded plat of said Pueblo Memorial Airport Industrial Park Subdivision. COMMENCING at the NW corner of said Lot 1; thence S 00° 41' 33" E along the west line of said Lot 1 a distance of 350.00 feet to a corner of Lot 1 and being POINT OF BEGINNING; thence N 89 18' 27" E a distance of 250.00 feet to a point on the east lot line of said Lot 1; thence S 00° 41' 33" E along said east line of said Lot 1, a distance of 172.09 feet to a point on the northerly right -of -way line of William M. White Boulevard; thence westerly along said northerly right -of -way line on the arc of a non - tangent curve to the left whose center bears S 14° 11' 4" W, having a central angle of 13° 29' 28" and a radius of 1,075.00 feet, a distance of 253.12 feet; thence N 00° 41' 33" W a distance of 136.37 feet to the PONT OF BEGINNING. Pueblo County, Colorado Said Parcel contains 0.86 acres, more or less. 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 25th day of March �6�1<, 2002. �� c9 UNITED STATES OF AMERICA •RA Y � p i Accepte City of P11 10; B Q 2 (Title) Michael Occhiato By `Y Manager, Airports District Office Northwest Mountain Region Federal Aviation Administration President of City Council