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Home My WebLink About07433ORDINANCE NO. 7433 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 57, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION TO BE CONVEYED TO THE PUEBLO DEVELOPMENT FOUNDATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $87,000 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 $87,000 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 $87,000 is the appraised value for 6.36 acres of land, Lot 57, Pueblo Memorial Airport Industrial Park Subdivision 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 described 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 ` w33 Background Paper for Proposed ORDINANCE 2� �I 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 57, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION TO BE CONVEYED TO THE PUEBLO DEVELOPMENT FOUNDATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND TRANSFERRING $87,000 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 $87,000 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 May 23, 2005, approving an agreement between the City of Pueblo and the Pueblo Development Foundation relating to the transfer of land, Lot 57, Pueblo Memorial Airport Industrial Park Subdivision (Resolution No. 10404) for lease to Eldorado Stone, LLC. A resolution was passed on June 27, 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 6.36 acres of land (Lot 57) to be sold to the Pueblo Development Foundation (Resolution No. 10426). By acceptance of this Instrument of Release from the United States Government and the approval of this Ordinance transferring the appraised value of $87,000 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 $87,000 will be transferred from the 1996 -2006 Sales and Use Tax Capital Improvement Projects Fund to the Special Airport Improvement Trust Fund. Reception 1557049 01//11/2005 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: III III III I III I IIIIII III VIII I III 1657049 2 of 4 P Chris C. Munoz Pueb1oCtyC1k &Rec REL R 21.00 D 0.00 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 57 of the Pueblo Memorial Airport Industrial Park Subdivision, a subdivision of a portion of Sections 29 and 30, Township 20 South, Range 63 West and Sections 25 and 26, Township 20 South, Range 64 West of the Sixth Principal Meridian, Pueblo County, Colorado, as filed for record October 11th, 1 995, Book 2836, page 669 in the office of the Pueblo County Clerk and Recorder, Pueblo, Colorado, being further described as follows: I IIIIII Munoz IIIIII IIIII IIIIIIIVIII III VIII IIII IIII O 01/11/2006 65 O4919P Commencing at a point, said point being the monument located at the centerline /centerline intersection of Lockheed Street and Braniff Street right of way, thence N 43 0 23'57" E along the centerline of Lockheed Street right of way a distance of 527.00 feet to a point, said point being the radius point for future cu- de -sac {R.O.W. = 85 feet radius }, thence S 83 0 28'14" E a distance of 85 feet to a point said point being the Point of Beginning, 1. S 83 0 28'14" E a distance of 40.00 feet, 2. N 43 0 23'57" E a distance of 210.71 feet, 3. S 84 0 15'03" E a distance of 491.25 feet, 4. N 20 0 01'19" W a distance of 448.95 feet, 5. N 47 0 37'25" W a distance of 402.92 feet, 6. S 88 0 26'39" W a distance of 130.00 feet, 7. S 01 E a distance of 633.28 feet, 8. S 43 0 23'57" W a distance of 164.42 feet, Thence along the arc of a curve to the right whose center bears S71 0 28'14 "W having a central angle of 25 0 03'27 ", a radius of 85 feet, and an arc distance of 37.17 feet, To the Point of Beginning. Said lot contains 6.38 +/- acres Basis of bearing based on centerline of Lockheed Street from Braniff Street to center Cul -de -sac, assumed to bear N 43 0 23'57 "E. 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. 111111111 Jill Page: 019P Chris C. Munoz PUeb1oCtyC1k&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 , ` laa, ACCEPTED: , 0 4, J4 �` City of Pueblo;; GQIQ ; In e q ��M Robert D. Sc ling, Jr. President of City Counci (Title) Phillip J. Braden