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Home My WebLink About07432ORDINANCE NO. 7432 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 5, 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 $111,000 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 $111,000 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 $111,000 is the appraised value for 6.24 acres of land, Lot 5, 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 L Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: December 12, 2005 DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E. TITLE 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 5, 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 $111,000 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 $111,000 from the 1996 -2006 Sales and Use Tax Capital Improvement Projects Fund for such purpose. Approval of this Ordinance. BACKGROUND A resolution was passed on April 11, 2005, approving an agreement between the City of Pueblo and the Pueblo Development Foundation relating to the transfer of land, Lot 5, Pueblo Memorial Airport Industrial Park Subdivision, Third Filing (Resolution No. 10368) for the location of companies who will create primary jobs. A resolution was passed on May 9, 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 6.24 acres of land (Lot 5) to be sold to the Pueblo Development Foundation (Resolution No. 10392). By acceptance of this Instrument of Release from the United States Government and the approval of this Ordinance transferring the appraised value of $111,000 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 $111,000 will be transferred from the 1996 -2006 Sales and Use Tax Capital Improvement Projects Fund to the Special Airport Improvement Trust Fund. Reception 1657O48 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: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllll00 65 004819P 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 5 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 '/� of the SE '' /<, the SW '/< of the NE 'A the SE '/. of the NW '' /<, and the E '/z of the SW ' /4 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 IIIIII IIIII IIIIII IIIII IIII 1111111 IIIII III IIIII IIII IIII 00 0 65704819P 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 1051.81 feet, thence N 88 0 02'03" E a distance of 45 feet to a point on the east Right of Way of Jetway Court, said point being the Point of Beginning, thence along the arc of a curve to the right whose center bears N 33 0 55'54" W having a central angle of 58 0 21'34" and a radius of 85 feet, a distance of 86.58 feet to a point, thence along the following four (4) courses: 1. N 87 0 42'22" E a distance of 470.40 feet, 2. S 01 0 57'57" W a distance of 538.46 feet, 3. S 88 0 02'03" W a distance of 510.39 feet, 4. N 01 0 57'57" W a distance of 463.17 feet, To the Point of Beginning. Said lot contains 6.24 +/- 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. Note { Jetway Court formerly known as Weisbrod Place} 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. VIIIIIIIIIII IIII IIIIIIIIIIII IIII IIII III a 65 004819P Chris C. Munoz Pueb1OCtyC1k &Rec 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 uaeco, ACCEPTED: qv X0110 v Kw D City of X Robert D. Soilling, J/. President of City Counci (Title) Phillip J. Braden