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HomeMy WebLinkAbout6064RESOLUTION NO. 6064 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE B. F. GOODRICH COMPANY, A NEW YORK CORPORATION RELATING TO THE TRANSFER OF LAND AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE AGREEMENT AND THE WARRANTY DEED THEREIN DESCRIBED BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The City Council does hereby find and determine as follows: (a) There now exists in the City of Pueblo and has existed for a number of years unemployment in an abnormal amount injurious to the public health and welfare of the City and its inhabitants constituting an econonic and social liability impairing and arresting the sound growth, economic development and stability of the City. (b) The prevention and elimination of unemployment and the social and economic evils associated therewith are proper public purposes and matters of local and municipal concern which justify the expenditure of public funds. (c) The City is the by conveyance from the United States Government of land known as the Pueblo Memorial Airport and it would be in the best interests of the City and in the public interests if portions of the Airport land not required for aviation or airport use be transferred and be reused and developed for industrial purposes. (d) The B. F. Goodrich Company has determined to construct on land at Pueblo Memorial Airport an approximately 50,000 square foot manufacturing facility with office space (herein "Project "). (e) No similar project exists in the City and construction and equipping of the Project will require a large outlay of capital. (f) The B. F. Goodrich Company believes it will employ and has committed to the City that it will use its best efforts in good faith to employ approximately 90 employees at the Project by August 1, 1989. (g) The property described in the Agreement between the City and The B. F. Goodrich Company attached hereto is surplus to the City's needs. (h) The construction of the Project will stimulate and promote industrial activity at Pueblo Memorial Airport thereby creating employment opportunities for the citizens of the City, greater use of airport facilities and increased aeronautical activities. (i) The execution and performance of the Agreement between the City and The B. F. Goodrich Company are in the best interests of the City and its citizens and will promote the public health, safety, commerce, prosperity and general welfare of the City and its citizens. SECTION 2 The Agreement between the City of Pueblo, a Municipal Cor- poration and The B. F. Goodrich Company, a New York Corporation, a copy of which is attached hereto and incorporated herein as if set out herein in full, having been approved as to form by the City Attorney, is hereby approved. -2- ♦� y_ The President of the City Council is hereby authorized and directed to execute for and on behalf of the City the Agreement and the Warranty Deed substantially in the form of Exhibit "A" attached thereto and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: July 27 , 1987 DOUGLAS L. RING Councilman ATTEST: APPROVED: 1. /. ew , j- /1 J k-90 J CT - ClerkK President of the City Council TJ 21.06 -3- AGREEMENT THIS AGREEMENT entered into this .27- day of 74-21, , 1987 between the CITY OF PUEBLO, a Municipal Corporation (herein "City ") and The B.F. Goodrich Company, a New York Corporation, (herein "Company "), WITNESSETH: WHEREAS, City is the owner by conveyance from the United States Government of certain land known as the Pueblo Memorial Airport, Pueblo County, Colorado, and WHEREAS, it would be in the best interest of the City and in the public interest if portions of the Airport land not required for aviation or airport use be transferred and be reused and developed for industrial purposes, and, WHEREAS, such reuse and development of portions of the Airport industrial land would increase the tax base and availability of jobs and promote the economic expansion of the City, and WHEREAS, the property described herein is surplus property no longer of need or use to the City, and WHEREAS, Company has proposed a plan for the reuse and development of a portion of the Airport land for industrial use. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Company agree as follows: 1. Sale and Purchase. (a) City does hereby sell, and Company does hereby purchase upon the terms and conditions herein, for a purchase price of $16.00 (herein "Purchase Price ") payable as herein provided, approximately 16.46 acres, more or less, of real property located at Pueblo Memorial Airport, Pueblo County, Colorado described in Exhibit "A" attached hereto and incorporated herein (herein "Property "). Company acknowledges that City owns the Property subject to restrictions in the deed to the City recorded in Book 1074, Page 87, Instrument.No. 819072 of the records of the Clerk and Recorder of Pueblo County, Colorado. (b) The Purchase Price will be paid in full at closing. 2. Conveyance. The City shall convey to Company marketable title to the Property by general Warranty Deed substantially in the form of Exhibit "A" attached hereto and incorporated herein, free of liens, encumbrances, taxes and assessments. At closing, the deed will be duly executed and acknowledged for recording. 3. Closing. The closing of the transaction contemplated by this Agreement shall be in Pueblo, Colorado at a time and date designated by the City, on or before August 1, 1987 (herein "closing date "). The closing date hereunder may be changed without amendment to this Agreement by mutual written consent of City and Company and both parties shall be reasonable in consenting to changes in the closing date in order to comply with the conditions precedent to closing set forth in paragraph 4. If the closing does not take place on or before the closing date or such later date as City and Company shall mutually agree to in writing, this Agreement shall become null and void. 4. Conditions Precedent to Closing. The purchase and sale herein contemplated is contingent upon and subject to the following: (a) Receipt by Company of a standard ALTA owners title insurance policy, or commitment therefor, in the amount of the estimated value of the Property as improved satisfactory to Company, insuring title to the Property free of liens, encumbrances, taxes and assessments. All costs and premium for such title insurance shall be paid by Company. (b) Prior approval of the Federal Aviation Administration (herein "F.A.A. ") and its issuance of all necessary Deeds of Release for the Property. (c) Pueblo County granting an exemption from its subdivision regulations for the Property or the inclusion of the Property in an approved subdivision. (d) Completion by Company of environmental and soils surveys and tests of the Property showing the Property to be, in Company's sole opinion, in an acceptable environmental condition and suitable for construction of Company's facilities. Such environmental and soils surveys and tests shall be conducted by Company at its sole cost and expense. If any of the above conditions precedent to closing are not complied with prior to closing, Company or City may terminate this Agreement and each party shall be released from all obligations hereunder. 5. Company's Representations. Company represents, warrants and agrees, subject to closing, as follows: (a) Company shall construct and equip on the Property manufacturing facilities with office space consisting of approximately 50,000 square feet (herein "facility ") and intends to operate its facility in a manner which will be advantageous to the economic development of the City and County of Pueblo, Colorado. The facility will be constructed in accordance with plans and specifications, including parking, site development and landscaping plans, approved by City, which approval will not be unreasonably withheld or delayed, and in compliance with applicable federal, state, and local law, regulations and codes. Company estimates that the facility will be operational within one year after date of closing. -2- If Company does not commence construction of its facility in accordance with plans and specifications therefor approved by the City within six (6) months after closing and thereafter without unreasonable delay pursue its completion and to all action necessary and required therefor, Company shall reconvey to City marketable title to the Property by Special Warranty Deed free of all liens, claims, encumbrances, taxes, restrictions, reservations and easements and rights of way placed thereon by the acts or defaults of Company. The term "commence construction" means the pouring of footings and foundations. (b) Company shall, at its own expense, cause all utilities and roads used or to be used by the Company on the Property to be extended from the streets adjacent to the Property and installed upon the Property and shall maintain and keep in good repair all such roads and utility extensions. (c) Company shall keep and maintain the Property and all improvements thereon including landscaping in a good, clean, safe and orderly condition, free of waste, rubbish, debris and trash and will enclose and screen from public view by a solid fence all unsightly areas of the Property and those areas used for storage. (d) Waste water discharged from the Property into City's sanitary sewer system and Company's use thereof are limited by and subject to the available treatment capacity of City's waste water treatment facilities and City's sewer user, industrial cost recovery, high strength surcharge, and pretreatment ordinances, rules and regulations applicable to City's sanitary sewer system at Pueblo Memorial Airport, now in effect or hereafter adopted and amended. (e) Company shall comply with notifications and review requirements of the F.A.A. prior to construction, modification or alteration of any building or structure on the Property. (f) Company shall pay to City a combined service fee for services and facilities now furnished by City at the Pueblo Memorial Airport, namely: sewage treatment, public street maintenance, fire protection, and street lighting based upon $250.00 per acre per annum payable monthly for each acre of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or all of the services or facilities presently being furnished and may modify, increase, or decrease the annual combined service fee provided (i) such services and fee shall be non - discriminatory among other tenants and owners of land at Pueblo Memorial Airport receiving such services and facilities, and (ii) such fee shall be reasonable in relation to City's actual cost and expense of furnishing the services and facilities then being furnished. City's cost may include the cost of capital improvements amortized over the useful life of the improvements. -3- (g) Company agrees and acknowledges that neither City nor any of its officers, employees or agents has made any representation or warranty concerning or relating to the operation, maintenance or continuance of the Pueblo Memorial Airport or any public areas or facilities located at the Pueblo Memorial Airport. (h) The Property to be conveyed to Company hereunder is a portion of land City is developing into an industrial park. City in developing the industrial park intends to prepare and record appropriate restrictive covenants restricting the development and use of the land adjacent to the Property to industrial and commercial development and uses which are generally compatible with Company's contemplated use for the Property. City agrees to consult with Company in the preparation of such restrictive covenants for the industrial park. City further agrees that such restrictive covenants will not require modification of Company's use of the Property on the date the restrictive covenants are recorded. Company shall subordinate the Property to such restrictive covenants and, if requested by the City to do so, will execute and record an instrument subjecting the Property thereto. (i) Company acknowledges and agrees that the creation of jobs by Company is the primary purpose and the major consideration to the City for the transfer of the Property hereunder. Therefore, Company agrees that it will use its best efforts in good faith to employ at its facility on the Property approximately ninety (90) employees within two (2) years from date of closing. (j) At the request of City, Company shall meet and in good faith confer with the City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof including, without limitation, the Property, becomes eligible for annexation. (k) Company shall provide for storm water drainage which shall include the construction and installation of storm water detention facilities on the Property. The detention facility shall be capable of storing the developed on -site runoff from a 100 -year frequency storm. The maximum release rate from the detention facility at the ponding depth corresponding to the 10 -year volume shall be .30 cfs /acre and 1.00 cfs /area for the 100 -year ponding depth. All calculations and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of discharge from the detention facility shall be at a location approved by the Director of Public Works. 6. City's Representations. City represents, warrants and agrees, subject to closing, as follows: (a) City will install or cause sewer, natural gas and electric utility to the Property line adjacent to William to be installed water, service lines and mains White Boulevard. -4- (b) City will, at its expense, grade and prepare building foundation sites for Company's initial facility in accordance with plans and specifications approved by Company and City. 7. Surveys and Tests. City grants Company the immediate right to enter the Property and to make such surveys and tests on the Property as the Company deems necessary. Company agrees to indemnify and hold City, its officers, employees and agents harmless from and against all claims, actions, suits, costs, liabilities, interest and attorney fees resulting from or arising out of Company's entry upon or use of the Property prior to closing. 8. Colorado Law. This Agreement shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith. 9. No Waiver. No provision of this Agreement may be waived except by an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 10. Binding Effect. This Agreement shall be binding on the parties, their heirs, executors, administrators, successors or assigns. The parties agree to do any and all things necessary to effectuate the purposes of this Agreement. 11. Construction. Throughout this Agreement, the singular shall include the p ural; the plural shall include the singular; and the masculine and neuter shall include feminine, wherever the context so requires. 12. Text to Control. The headings of sections are included solely for convenience of reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 13. Severability. If any provision of this Agreement is declared by any court of competent jurisdiction to be invalid for any reason, such invalidity shall not effect the remaining provisions. On the contrary, such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted in this Agreement. 14. Amendment. This Agreement sets forth the entire understanding of the parties and may be amended, altered or revoked at any time, in whole or in part, only by filing with this Agreement a written instrument setting forth such changes, signed by the parties hereto, except as otherwise provided in Section 3. 15. No Assignment. The Company shall not assign this Agreement or any interest therein without the prior written -5- consent of the City, which consent shall not be unreasonably withheld or delayed. 16. Notices. All notices required to be given by this Agreement shall be made in writing and served either by: a. personal delivery to the party requiring notice; or b. mailing notice via the U.S. Mail to the last known address of the party requiring notice, by first class mail, postage prepaid. Effective date of the notice shall be the date of the personal delivery as specified in paragraph a. above or four (4) days after the date the notice was deposited in the U.S. Mail as specified in paragraph b. above. For purposes of this section, the initial addresses of the parties hereto shall be as follows: The B.F. Goodrich Company 3925 Embassy Parkway Akron, Ohio 44313 Att: Real Estate Dept. City Manager City of Pueblo 1 City Hall Place Pueblo, Colorado 81003 and Property Address and Thomas T. Farley Petersen & Fonda, P.C. P.O. Box 35 Pueblo, Colorado 81002 and Thomas T. Jagger City Attorney 127 Thatcher Building Pueblo, Colorado 81003 17. Survival of Covenants and Representations. The covenants, representations and warranties made by each party herein shall survive the closing for the benefit of the other party. 18. Non - Exclusive Use of Roads. City grants to Company a non - exclusive easement and right -of -way over and across William White Boulevard for purposes of ingress to and egress from U.S. Highway 50 -B to and from the Property. City reserves the right to repair, modify, alter, change, relocate, temporarily close and provide detours therefor, and redesignate such road. Immediately upon the dedication by the City of the roads, or any portion thereof, to the public, the easement and right -of -way granted by this paragraph shall cease and terminate as to the roads or portions thereof so dedicated. ME IN WITNESS WHEREOF, the Company has caused this Agreement to be executed by its duly authorized officers, and the City has caused this Agreement to be executed by its duly authorized representatives both on the day and year first written above. ATTEST: Secre- r ATTEST: sly, - I I ZrAl; 0 5 THE B.F. GOODRICH COMPANY, A New York Corporation By R. A. McMillan CITY OF PUEBLO, A Municipal Corporation By President of City Council -7- NO. 848417 RECORDED ►UEiLO CoWM. COLORADO / 0 y M NOV 13 1987 800k 4" L175 FarF 109 WARRANTY DEED THIS DEED, made this � y (�cZ /k,J 87 b 19 8 da of - by and between the CITY OF PUEBLO, a Municipal Corporation, existing under the laws of the State of Colorado (herein "City ") and The B GOODRICH COMPANY, a New York corporation (herein "Company "), WITNESSETH: That the City for and in consideration of the sum of $16.00 and other good and valuable consideration to the City in hand paid by the Company, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the company, its successors and assigns forever, all the real property situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more particularly described in Exhibit "A" attached hereto and incorporated herein (herein "Property "), with all its appurtenances, and warrant the title to the same, subject to restrictions, reservations, rights of way, and easements of record and easements for the existing sanitary and storm sewer, water and natural gas lines located on or crossing the Property, and to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the benefit of the City, its successor and assigns. 1. City reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for Book=5 PArc 110 the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above the surface of the Property such noise as may be inherent in the operation of any aircraft now known or hereafter used for navigation of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than 4,710 feet above the mean sea level. 3. Company expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. 4. The Property and its use are further subject to the following Restrictive Covenants: (a) The Property may be used only for manufacturing facilities and incidental office and warehousing uses. The Property shall not be used for smelting or plating operations, or for the storage or processing of putrescible materials, or for any purpose or business which constitutes a nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or diesel fuel used in connection with the business conducted on the Property but not for sale at retail or wholesale may be stored on, the Property in an environmentally sound manner. (b) Parking areas for vehicles and roads on the Property shall be paved. (c) The Property shall not be subdivided and no building or structure over sixty (60) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than sixty -five (65) feet of the right -of -way -2- 800h 23'75 PAGF 1.11 Fr line of William White Boulevard or twenty -five (25) feet of side or rear streets. There must be installed and maintained a minimum thirty -five (35) foot strip of living landscaped ground adjacent to William White Boulevard and fifteen (15) feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty -five (25) feet. (e) The Property owner shall at all times keep and maintain the Property and all buildings, landscaping and improvements located thereon in a good, clean, safe and orderly condition free of waste, rubbish, debris and trash, and enclose and screen from public view all unsightly areas of the Property and those used for storage. (f) Before commencing the construction, installation or alteration of any building, structure, parking facility, outdoor sign, or other permanent improvement, or landscaping on the Property, the Company shall submit to and have approved by the City in writing the site plans and plans and specifications therefor. City's approval will not be unreasonably withheld. In the event the City or its designated representatives shall fail to approve or disapprove such plans and specifications within twenty -five (25) working days after they have been submitted to the City, such approval will not be required and this covenant will be deemed to have been complied with. All buildings, improvements and activities on the Property shall be constructed and conducted in compliance with all applicable federal, state and local law, regulations, and codes. (g) Waste water discharged from the Property into City's sanitary sewer \system and Company's use thereof are limited by and subject to the available treatment capacity of City's waste water treatment facilities and City's sewer user, industrial cost recovery, high strength surcharge, and pretreatment ordinances, rules and regulations applicable to City's sanitary sewer system at Pueblo Memorial Airport, now in effect or hereafter adopted or amended. (h) City reserves the right to waive all or any part of these Restrictive Covenants. 5. If Company does not commence construction on the Property of manufacturing facilities consisting of approximately 50,000 square feet within six (6) months from date hereof and thereafter, without unreasonable delay, pursue their completion and take all action necessary and required therefor, Company shall reconvey to City Marketable title to the Property by -3- soom2375 Par-F11.2 e Special Warranty Deed free of all liens, claims, encumbrances, taxes, restrictions, reservations, easements and rights of way placed thereon by the acts or defaults of Company. The term "commence construction" means the pouring of footings and foundations. 6. At the request of City, Company shall meet'and in good faith confer with City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof, including without limitation, the Property becomes eligible for annexation. 7. Invalidation of any one of the foregoing covenants, conditions, restrictions or reservations by judgment or court order or otherwise shall not affect any of the other of said covenants, reservations, restrictions or conditions which shall remain in full force and effect. 8. City shall have the right to enforce the restrictions, covenants and conditions hereof by injunction or other lawful procedure and to recover damages, costs, expenses, including reasonable attorney fees, resulting from any violation thereof or arising out of their enforcement. CITY OF PUEBLO A Municipal Corporation By _p President of City Council -4- 2375 PAU113 T &Tk y Ti :- Secrii-Eary 'COUNTY (31`',-'PrtJEBLO ) SS STATE OF COLORADO ) THE B,F, GOODRICH COMPANY A New York Corporation Title:Vice President & Treasurer The oregoing instrument was acknowledged before me this day of / , 1987 by Michael Occhiato as President of the City Counc of Pueblo, Colorado and Marian D. Mead as City Clerk of the City of Pueblo, Colorado. Witness my hand an official seal. � My commission expires: COUNTY OF ) STATE OF ) Notary Pub is ,*,, : 7_- � %� �, .•�' SS The for o'ng instrument was acknowledged before me this.�b( day of � , 1987, by R. A. McMillan as Vice President and Treasurer and N. J. Calise as Secretary of The B.- F. Goodrich Company, A New York corporation. Witness my hand and official seal. My commission expires : r f ' � ry Public -5- Book 23'75 Pw 114 EXHIBIT "A" A parcel of land located in the County of Pueblo, State of Colorado to -wit: A parcel of land being a part of the W 1/2 of the SW 1/4 of Section 25, and a part of the E 1/2 of the SE 1/4 of Section 26, Township 20 South, Range 64 West of the 6th Principal Meridian, said parcel being more particularly described as follows: BEGINNING at a point from which the northeast corner of said Section 26 bears N 08 07' 24" W (Bearings based on the north line of said Section 26 to bear N 89 10' 48" W with all bearings contained herein being relative thereto), a distance of 3336.86 feet; thence S 01 57' 57" E, a distance of 1194.56 feet; thence S 87 55' 59" W, a distance of 600.00 feet; thence N 01° 57' 57" W, a distance of 1195.62 feet; thence N 88° 02' 03" E, a distance of 600.00 feet to the POINT OF BEGINNING Said parcel contains 16.46 acres, more or less. NO. 84844.6 RECORDEn NOV 13 IS87 3000 23.5 Fpf) 1.04 IUMO GOUN", COLORADO DEED OF RELEASE This instrument, a Deed of Release, made by the United States of America, acting by and through the Administrator of 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 municipal corporation organized and existing 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 Property Act of 1944, as amended, and applicable rules, regulations and orders, did by instrument entitled Quitclaim Deed dated July 20, 1948, and recorded in Book 1074, pages 87 to 117 by the Pueblo County Recorder, Colorado, remise, release, and quitclaim to the City of Pueblo, and now known as the Pueblo Memorial Airport being that some land transferred to the City of Pueblo by quitclaim deed dated July 20, 1948, subject to certain conditions, reservations, exceptions, and restrictions and WHEREAS, the City of Pueblo, has requested the Administrator of the Federal Aviation Administration to release the hereinafter described real property from all conditions, reservations, and restrictions contained in said quitclaim deed for the purpose of selling said property, and WHEREAS, the Administrator of the Federal Aviation Administration under and pursuant to the powers and authority contained in Public Law 81 -311 (63 Stat. 700), as amended, is authorized to grant a release from any of the terms, conditions, reservations, covenants, and restric- tions contained in the quitclaim deed for the purpose of selling said property and pursuant to Section 13 of the Surplus Property Act of 1944, as amended, and WHEREAS, the Administrator of the Federal Aviation Administration has determined that the release of such real property as is herein described, from all terms, conditions, reservations and restrictions as set forth in the above identified instruments is in the best interests of the United States and civil aviation, and that the release herein will not prevent accomplishment of the purpose for which the property was transferred and is necessary to protect or advance the interests of the United States in civil aviation. BOON2375 PwrI05 2 PROVIDED FURTHER, that the City of Pueblo include in the Deeds of Conveyance of the hereinafter described real property the following reservations and covenants: a. That the City of Pueblo 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 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 on the Pueblo Memorial Airport. b. 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 4710 feet above mean sea level. c. 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. The grantor reserves the right to enter upon the land released hereunder, and to remove the offending structure or object, and to cut the offending growth, all at the expense of the grantee, in the event the aforesaid covenant is breached. NOW, THEREFORE, for and in consideration of the benefits to accrue to the United States and to civil aviation, the UNITED STATES OF AMERICA, acting by and through the Administrator of the Federal Aviation Administration, hereby releases the following described property from all terms, conditions, reservations, and restrictions contained in the aforementioned quitclaim deed and grant agreements: A parcel of land located within the County of Pueblo, State of Colorado, to -wit: A parcel of land being a part of the W 1/2 of the SW 1/4 of Section 25, and a part of the E 1/2 of the SE 1/4 of Section 26, Township 20 South, Range 64 West of the 6th Principal Meridian, said parcel being more particularly described as follows: 80002375 FxF 166 3 Beginning at a point from which the northeast corner of said Section 26 bears N. 08° 07' 24" W. (Bearings based on the north line of said Section 26 to bear N. 89° 10' 48" W. with all bearings contained herein being relative thereto), a distance of 3,336.86 feet; thence S. O1 57' 57" E., a distance of 1,194.56 feet; thence S. 87° 55' 59" W., a distance of 600.00 feet; thence N. O1° 57' 57" W., a distance of 1,195.62 feet; thence N. 88° 02' 03" E., a distance of 600.00 feet to the Point of Beginning. Said parcel contains 16.46 acres, more or less. IN WITNESS WHEREOF the United States of erica has cause this Deed of Release to be executed as of the day of 19 UNITED STATES OF AMERICA ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION By Hager, Airports Division Northwest Mountain Region Federal Aviation Administration STATE OF WASHINGTON COUNTY OF efA- 4 On this day of QG7 BiF 4 , 19 V 7 , before me a Notary uu - c in and for t e tate of 1Ta s Fi'i'ngton, personally appeared Edward G. Tatum, known to me to be the Manager, Airports Division, Northwest Mountain Region, Federal Aviation Administration, and known to me to be the person whose name is subscribed to this Deed of Release �aTnd acknowledged that he executed the same on behalf of the Administrator, Federal Aviation Administration and the United States of America. �" � O 11 % . 80Mti375 WF1C7 4 Witness my hand and official seal. My Commission expires /O, / ��! • ;/ATTEST : APPROVED: e�� rc-- -x -�4-_ Notary Public ACCEPTED: ity of Pueblo, Colorado By re ident of the Tity Counci ity 5 rney 23 24 SEGTtON 'Z(p 25 T105, RG4\, I O� 77- f fl 7 5 � � I , RUC, CO' III ! IP j Q- �I % i M-375 PArFlos 1." '.. �,!: `: lam'.... O " , .