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Home My WebLink About07341ORDINANCE NO. 7341 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 6) LOCATED AT THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK TO BE CONVEYED TO THE PUEBLO DEVELOPMENT FOUNDATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $138,000 FROM THE HALF -CENT SALES TAX 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 $138,000 are hereby transferred from the Half -Cent Sales Tax Fund to the Special Airport Improvement Trust Fund (herein Special Fund). The sum of $138,000 is the appraised value for 6.02 acres of land (Lot 6) located at Pueblo Memorial Airport Industrial Park to be conveyed to the Pueblo Development Foundation. 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 June 27, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED July 11, 2005 CY-'d . :ff71)3q 1 / L� Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: June 27, 2005 DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E. TITLE 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 6) LOCATED AT THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK TO BE CONVEYED TO THE PUEBLO DEVELOPMENT FOUNDATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $138,000 FROM THE HALF -CENT SALES TAX 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 Pueblo Development Foundation and transfer $138,000 from the Half -Cent Sales Tax Fund for such purpose. RECOMMENDATION Approval of this Ordinance. BACKGROUND A resolution was passed on September 13, 2004, approving an agreement between the City of Pueblo and the Pueblo Development Foundation relating to the transfer of land (Lot 6) at the Pueblo Memorial Airport (Resolution No. 10228). A resolution was passed on October 25, 2004, 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 6.02 acres of land (Lot 6) to be sold to the Pueblo Development Foundation for lease to Takeshiba Technologies, Inc. (Resolution No. 10243). By acceptance of this Deed of Release from the United States Government and the approval of this Ordinance transferring the appraised value of $138,000 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 $138,000 will be transferred from the Half -Cent Sales Tax Fund to the Special Airport Improvement Fund. Reception 1630466 07/22/2005 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 PAS :1:1:7�!_�C� 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 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 4,710 feet above sea level, m N to ooh M � M + N m rA 1101 N o m J � O � W W 0 s - U T � a � a m � a N N t U (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 IIIIII VIII IIIIII IIIIII III VIII (IIIIII III VIII IIII IIII 0 630466 2 Chris C. Munoz PuebloCtyClk &Reo DEED RLR 16.00 D 0.00 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 6 of the Pueblo Memorial Airport Industrial Park Subdivision 3` Filing, a re- subdivision of Lots 13 and 14 of the Pueblo Memorial Airport Industrial Park Subdivision, located within the W1 /2 of the SE1 /4, the SW1A of the NE 1/4, the SE1 /4 of the NW 1 A and the E1 /2 of the SW1 /4 of Section 26, Township 20 South, Range 64 West of the Sixth Principal meridian, Pueblo County, Colorado, as filed for record April 7 d ', 1999, reception number 1272403 in the office of the Pueblo County Clerk and Recorder, Pueblo, Colorado, being further described as follows: Commencing at a point, said point being the monument located at the centerline /centerline intersection of William White Blvd. and Eaton Way, thence north along the center line of Eaton Way a distance of 75 feet to the north right of way line of William White Blvd, thence west along said north right of way of William White Blvd. a distance of 464.03 feet to the Point of Beginning, said point of beginning the SE corner of said Lot 6, thence along the following four (4) courses: 1. N O1 1 57'57" W a distance of 513.64 feet, 2. S 88 °02'03" W a distance of 510.39 feet, 3. S O1 °57'57 "E a distance of 513.64 feet, 4. N 88 °02'03 "E a distance of 510.39 feet, To the Point Of Beginning. Said lot contains 6.02+ acres Basis of bearing based on centerline of William White Blvd. from centerline of Eaton Way to the point of curvature west, monumented on each end with a 3 1/4 inch aluminum cap in cast iron box, assumed to bear S 88 °02'03 "W. IIIIII IIIII IIIIII IIIIII III IIIiI lllllll III IIIII IIII ills 0 630466 3 Chris C. M unoz PuebloCtyClk &Reo DEED RLR 16.00 D 0.00 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 tes of American has caused this Deed of Release to be executed as of the day of 20 UNITED STATES OF AMERICA By Craig Sparks, Manager Denver Airports District Office Accepted: rivi (Title) Robert D. Schilling Jr. President of City Council