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HomeMy WebLinkAbout07310ORDINANCE NO. 7310 AN ORDINANCE ACCEPTING AND APPROVING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LAND (LOT 69) LOCATED AT THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK TO BE CONVEYED TO THE GEO GROUP, INC. FORMERLY WACKENHUT CORRECTIONS CORPORATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $211,000 FROM THE SALES AND USE TAX CAPITAL IMPROVEMENTS FUND FOR SUCH PURPOSE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. 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 2. Funds in the amount of $211,000 are hereby transferred from the Projects to be Determined Account of the Sales and Use Tax Capital Improvements Fund to The GEO Group, Inc. Project EDO505 to be paid to the Special Airport Improvement Trust Fund (herein Special Fund). The sum of $211,000 is the appraised value for 34.07 acres of land (Lot 69) located at Pueblo Memorial Airport Industrial Park to be conveyed to The GEO Group, Inc. formerly Wackenhut Corrections Corporation. 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 3. 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 4. The Special Fund and this Ordinance shall remain in effect until the Special Fund is expended in accordance with the provisions of Section 3 hereof. SECTION 5. This Ordinance shall become effective immediately upon final approval. INTRODUCED Mav 9, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED Mav 23, 2005 C�l1 Background Paper for Proposed ORDINANCE DATE: May 9, 2005 DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E. TITLE &,Y - vy - 2310 AGENDA ITEM # Ito 5-9 -05 AN ORDINANCE ACCEPTING AND APPROVING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO THE RELEASE OF LAND (LOT 69) LOCATED AT THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK TO BE CONVEYED TO THE GEO GROUP, INC. FORMERLY WACKENHUT CORRECTIONS CORPORATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $211,000 FROM THE SALES AND USE TAX CAPITAL IMPROVEMENTS FUND FOR SUCH PURPOSE ISSUE Should the City Council accept and approve a Deed of Release for Land in the Industrial Park to be conveyed to The GEO Group, Inc. formerly Wackenhut Corrections Corporation and transfer $211,000 from the Sales and Use Tax Capital Improvements Fund for such purpose. RECOMMENDATION Approval of this Ordinance. BACKGROUND A resolution was passed on July 28, 2003, approving an agreement between the City of Pueblo and The GEO Group, Inc. formerly Wackenhut Corrections Corporation relating to the transfer of land (Lot 69) at the Pueblo Memorial Airport (Resolution No. 9922). A resolution was passed on August 11, 2003, 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 34.07 acres of land (Lot 69) to be sold to the The GEO Group, Inc. formerly Wackenhut Corrections Corporation (Resolution No. 9926). By acceptance of this Deed of Release from the United States Government and the approval of this Ordinance transferring the appraised value of $211,000 into the Special Airport Improvement Fund, the land sale and the agreement with the United States Government is completed. FINANCIAL IMPACT Funds in the amount of $211,000 will be transferred from the Projects to be Determined Account of the Sales and Use Tax Capital Improvements Fund to The GEO Group, Inc. Project ED0505 to be paid to the Special Airport Improvement Fund. Upon closure of the sale of the property, the City will receive $276,817 from The GEO Group, Inc. formerly Wackenhut Corrections Corporation and $211,000 of those funds will be placed in the Sales and Use Tax Capital Improvement Fund to replace the transferred funds. Reception 1622492 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, page 87, 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, WHEREAS, 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 therefore. 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 Pue�lo, 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 4,710 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: Lot 69 of the Pueblo Memorial Airport Industrial Park Subdivision, Section 29, Township 20 South, Range 63 West of the Sixth Principal Meridian, as filed for record October 11, 1995 in Book 2836, Page 670 in the office of the Pueblo County Clerk & Recorder, Pueblo, Colorado, being further described as follows: Commencing at a point, said point being the E1 /4 corner of said Section 29 monumented with brass cap in concrete, thence N 00 °02'28" W along the east line of said Section 29 a distance of 603.30 feet, thence S 88 ° 24'01" W along the south right -of -way line of United Avenue a distance of 185.07 feet to the point of beginning, thence along the following five (5) courses: 1. S 00 °04'26" W a distance of 2410.57 feet, 2. N 83 °46'43" W a distance of 651.88 feet. 3. N O1 °36'35 "W a distance of 1430.00 feet, 4. N 30 °35'06" E a distance of 320.00 feet, 5. N O1 °36'35" W a distance of 620.00 feet, to a point on the south right -of -way line of said United Avenue, thence N 88 °24'01" E along said right of way a distance of 546.13 feet to the Point of Beginning. Basis of Bearing: bearings based on the north line of Section 30, Township 20 South, Range 63 West to bear N 89 ° 52'27 "E Said Lot contains 34.07 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 day of r+ 20 OS . UNITED STATES OF AMERICA By � LJ Craig Sparks, Manager Denver Airports District Office Accepted: City of Pueblo, Colorado B � itle) Robert D. Schilling, J . President of City Council