HomeMy WebLinkAbout07430ORDINANCE NO. 7430
AN ORDINANCE ACCEPTING AND APPROVING AN INSTRUMENT OF RELEASE FROM THE
FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO THE
RELEASE OF LAND, LOT 1, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION,
THIRD FILING TO BE CONVEYED TO THE PUEBLO DEVELOPMENT FOUNDATION,
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND
TRANSFERRING $117,000 FROM THE 1996 -2006 SALES AND USE TAX CAPITAL
IMPROVEMENT PROJECTS FUND FOR SUCH PURPOSE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
The Instrument 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 Instrument 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 $117,000 are hereby transferred from the 1996 -2006 Sales and
Use Tax Capital Improvement Projects Fund to the Special Airport Improvement Trust Fund (herein
Special Fund). The sum of $117,000 is the appraised value for 6.23 acres of land, Lot 1, Pueblo
Memorial Airport Industrial Park Subdivision, Third Filing 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 in the 2005 -2010 Airport Capital Program 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. The City Clerk
shall cause the Instrument of Release to be recorded in the office of the County Clerk and
Recorder.
INTRODUCED December 12, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY CPWCIL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED December 27, 2005
IOM .�
Background Paper for Proposed
O RDINANCE
DATE: December 12, 2005
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
AGENDA ITEM #
AN ORDINANCE ACCEPTING AND APPROVING AN INSTRUMENT OF RELEASE
FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO
RELATING TO THE RELEASE OF LAND, LOT 1, PUEBLO MEMORIAL AIRPORT
INDUSTRIAL PARK SUBDIVISION, THIRD FILING TO BE CONVEYED TO THE
PUEBLO DEVELOPMENT FOUNDATION, AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME AND TRANSFERRING $117,000 FROM THE 1996 -2006
SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND FOR SUCH
PURPOSE
ISSUE
Should the City Council accept and approve an Instrument of Release for Land in the Industrial
Park to be conveyed to the Pueblo Development Foundation and transfer $117,000 from the
1996 -2006 Sales and Use Tax Capital Improvement Projects Fund for such purpose.
RECOMMENDATION
Approval of this Ordinance.
BACKGROUND
A resolution was passed on February 14, 2005, approving an agreement between the City of
Pueblo and the Pueblo Development Foundation relating to the transfer of land, Lot 1, Pueblo
Memorial Airport Industrial Park Subdivision, Third Filing (Resolution No. 10320) for lease to
Benshaw, Inc. A resolution was passed on February 28, 2005, 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 6.23 acres of land (Lot 1) to be sold to
the Pueblo Development Foundation (Resolution No. 10330). By acceptance of this Instrument
of Release from the United States Government and the approval of this Ordinance transferring
the appraised value of $117,000 into the Special Airport Improvement Trust Fund, the land sale
and the agreement with the United States Government is completed.
FINANCIAL IMPACT
Funds in the amount of $117,000 will be transferred from the 1996 -2006 Sales and Use Tax
Capital Improvement Projects Fund to the Special Airport Improvement Trust Fund.
Reception 1657046
01/11/2006
INSTRUMENT OF RELEASE
THIS INSTRUMENT 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 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 Pueblo 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,
They 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:
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Chris C Munoz 1. 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 or flight in the said airspace and for use of said airspace for
landing on, taking off from, or operating at the Pueblo Memorial Airport.
2. That the City of Pueblo 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 mean sea level.
3. That the City of Pueblo 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. In the event the aforesaid covenant
is breached, the grantor is to reserve the right to enter upon the land released
hereunder and to remove the offending structure or object and to cut the
offending growth, all of which shall be at the expense of the grantee.
By this Instrument of Release, the United States of America by and through the
Administrator, Federal Aviation Administration, hereby releases the real property
described below from all the remaining 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 1 of the Pueblo Memorial Airport Industrial Park Subdivision Third Filing, a
re- subdivision of Lots 13 and 14 of the Pueblo Memorial Airport Industrial Park
Subdivision, located within the W '/2 of the SE '' /<, the SW '/< of the NE '' /<, the SE
% of the NW %, and the E '/z of the SW '/< of Section 26, Township 20 South,
Range 64 West of the Sixth Principal Meridian, Pueblo County, Colorado, as
filed for record April 7 `", 1999, reception number 1272403 in the office of the
IIII VIII III III VIII IIIIIIIIIIIIIIIIIII III 0 65 0046
Chris C. Munoz Pueb1oC[yC1k &R®c REL R 23.00 D 0.00
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 Jetway Court right -
of -ways, thence north along the centerline of Jetway Court a distance of 75.00
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 45.00 feet to the Point of
Beginning, said point being the SE corner of said Lot 1, thence along the
following four (4) courses:
1. S 88 0 02'03" W a distance of 538.26 feet,
2. N 00 0 12'56" E a distance of 514.01 feet,
3. N 88 0 02'03" E a distance of 518.70 feet,
4. S 01 0 57'57" E a distance of 513.64 feet,
To the Point of Beginning.
Said lot contains 6.23 +/- 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
inch aluminum cap in cast iron range box, assumed to bear S 88 0 02'03 "W.
By its acceptance of this Instrument of Release the City of Pueblo,
Colorado covenants and agrees for itself, its successors and assigns to comply
with and observe all the limitations set forth herein, expressly limited to the
above - described property.
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Chris C. Munoz Pueb1oC[yC1k &Reo REL R 21.00 D 0.00
IN WITNESS WHEREOF the United States of America has caused this
Instrument of Release to be executed as of the 15 day of November 2005.
UNITED STATES OF AMERICA
Administrator,
Federal Aviation Administration
Acting Manager, Denver Airports District Office
ACCEPTED:
City of Puebjo (' to
z.. T .
By
obert D. sc lling, Jr.
President o City Kunc 1
(Title)
Phillip J. Braden