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.
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♦� 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.
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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.
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(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.
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(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
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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
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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
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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
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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
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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
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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
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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.
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Witness my hand and official seal.
My Commission expires /O, / ��! •
;/ATTEST : APPROVED:
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Notary Public
ACCEPTED: ity of Pueblo, Colorado
By
re ident of the Tity Counci
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