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HomeMy WebLinkAbout6449RESOLUTION NO. 6449 A RESOLUTION APPROVING THE TRANSFER OF APPROX- IMATELY EIGHT (8) ACRES OF LAND AT PUEBLO MEMORIAL AIRPORT TO PUEBLO DEVELOPMENT FOUNDATION WHEREAS, City has by Resolution No. 63.69 approved the purchase by Pueblo Development Foundation ( "PDF ") from Halliburton Company of certain buildings and improvements on land located at Pueblo Memorial Airport, and WHEREAS, McDonnell Douglas Corporation ( "MDC ") has committed to lease with an option to purchase the building and improvements together with approximately eight (8) acres of land for an additional facility to be located at Pueblo Memorial Airport from PDF, and WHEREAS, the transfer of land to PDF for lease to MDC will stimulate the economy of the City and create employment opportuni- ties for the people of Pueblo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement dated October 10, 1989 between Pueblo, a Municipal Corporation and Pueblo Development Foundation relating to the transfer of approximately eight (8) acres of land at Pueblo Memorial Airport and the Warranty Deed annexed thereto, copies of which are attached hereto and incorporated herein, are hereby approved. The President of the City Council is authorized and directed to execute and deliver the Agreement and Warranty Deed and the City Clerk is directed to affix the seal of the City = ti thereto and attest same. ATTEST: INTRODUCED: October 10, 1989 By MIKE OCCHIATO Councilman APPROVED: C y lerk a ident of the City Council TJ 39.22 -2- f RESOLUTION NO. 6449 A RESOLUTION APPROVING THE TRANSFER OF APPROX- IMATELY EIGHT (8) ACRES OF LAND AT PUEBLO MEMORIAL AIRPORT TO PUEBLO DEVELOPMENT FOUNDATION WHEREAS, City has by Resolution No. 6369 approved the purchase by Pueblo Development Foundation ( "PDF ") from Halliburton Company of certain buildings and improvements on land located at Pueblo Memorial Airport, and WHEREAS, McDonnell Douglas Corporation ( "MDC ") has committed to lease with an option to purchase the building and improvements together with approximately eight (8) acres of land for an additional facility to be located at Pueblo Memorial Airport from PDF, and WHEREAS, the transfer of land to PDF for lease to MDC will stimulate the economy of the City and create employment opportuni- ties for the people of Pueblo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Agreement dated October 10, 1989 between Pueblo, a Municipal Corporation and Pueblo Development Foundation relating to the transfer of approximately eight (8) acres of land at Pueblo Memorial Airport and the Warranty Deed annexed thereto, copies of which are attached hereto and incorporated herein, are hereby approved. The President of the City Council is authorized and directed to execute and deliver the Agreement and Warranty Deed and the City Clerk is directed to affix the seal of the City thereto and attest same. ATTEST: INTRODUCED: October 10, 1989 By MIKE OCCHIATO Councilman APPROVED: C y lerk a ident of the City Council TJ 39.22 -2- - t AGREEMENT THIS AGREEMENT entered into the 10th day of October, 1989 between Pueblo, a Municipal Corporation (the "City ") and Pueblo Development Foundation, a Colorado nonprofit corporation (the "Foundation "), WITNESSETH: In consideration of the mutual promises herein set forth, City and Foundation agree as follows: 1. City will execute and deliver to Foundation, the warranty deed annexed hereto and incorporated herein for the transfer of approximately eight (8) acres of land located at Pueblo Memorial Airport. 2. Foundation will lease the land and all improvements there- on with an option to purchase to McDonnell Douglas Corporation ( "MDC ") upon such terms and provisions as shall be approved by Foundation, MDC, and the City Attorney. 3. Foundation will reimburse City out of the rent and other_ monies paid to Foundation by MDC under the lease, including without limitation any purchase price paid by MDC to Foundation, the amount of $300,000.00 (the amount advanced to Foundation by City pursuant to Resolution No. 6369) (the "Amount Advanced ") together with interest thereon in an amount equal to any monies paid by MDC to Foundation which represents interest on the Amount Advanced in the computation of rents or purchase price payable by MDC under_ the lease. PDF shall pay to City immediately after_ receipt all such rents and other payments paid to PDF by MDC under the lease, less expenses incurred by PDF in performance of the lease and payments due under PDF's loan for the remodeling of the building on the land. PDF will at least annually submit to City an accounting for all rent and other payments received from MDC. 4. PDF will execute and deliver to City a demand promissory note in the original sum of $300,000.00 and deed of trust on the land and improvements securing payment thereof. 5. The Amended Lease Agreement dated September 28, 1987 between the City and Halliburton Company recorded October 28, 1987 in Book 2369 at Page 874 of the Records of Pueblo County, Colorado and the superseded Lease Agreement dated March 12, 1979 between the City and Halliburton Company are hereby terminated and cancelled. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. [SEAL] PUEBLO, A MUNICIPAL CORPORATION C A / n ATTEST : Ci Clerk Pre ident of the City Council [SEAL] PUEBLO DEVELOPMENT FOUNDATION G��i� ATTEST: )'� By- Secretary P'res' dent 39.23 -2- NO. 900687 RECORDED I Q � .36A OCT � 4 1989 PUEBLO COUNTY, COLORADO WARRANTY DEED 8=2465 ParFi 6 THIS DEED, made this /o 4 day of 198q by and between Pueblo, a Municipal Corporation (herein "City ") and Pueblo Development Foundation, a Colorado non - profit corporation, (herein "Company "), WITNESSETH: That City for and in consideration of the sum of $10.00 and other good and valuable consideration to 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 City, its successors and assigns. 1. City reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above CONSIDERATION LESS THAN $500.00 eoom2465 PmAL7 7 the surface of the Property such noise as may be inherent in the operation of any aircraft now known or hereafter used for naviga- tion 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 4,670 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 facili- ties and incidential office and warehouse 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) Outdoor storage shall not be permitted except for storage of equipment used in the facility. 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 fifty (50) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than thirty -five (35) feet along the front of the Property near Lockheed Street or twenty -five (25) feet of side or rear streets. There must be installed and maintained a minimum twenty -five (25) foot strip of living landscaped ground along the front of the Property near Lockheed Street and fifteen (15) feet -2- wx2465 PmF178 adjacent to abutting streets. be twenty -five ( 25 ) feet. Minimum side yards set -backs shall (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 outside storage and 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. Company shall only discharge domestic waste water into City's sanitary sewer system. (h) City reserves the right to waive all or any part of these Restrictive Covenants. 5. 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. 6. 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 -3- soak2465 PMF 179 covenants, reservations, restrictions or conditions which shall remain in full force and effect. 7. 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 -Irising out of their enforcement. r J c 0 rr;'.:,, PUEBLO DEVELOPMENT FOUNDATION o [S 8•.� & .) ,. U , ' jPresid nt ',$e,otetary PUEBLO, A MUNICIPAL CORPORATION [S E A L) A7E�T w , II Ca'N'Ty_ Or , UaBLO ) SFA 10 .,OF'`'COLORADO ) B sident of the City Council 77L The foregoing instrument was acknowledged before me this /Y day of , 19_& by Q7 a as President and S cre ary of Pueblo Development Foundation, a Colorado non - profit corporation. Witness my hand and official seal. j S ••, l/lc .ommission expires: 11 ,F9 Notary Public ' V -4- COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) m2465 PArF180 The foregoing in trument was acknowledged before me this day of , 19,L2 by ,c Ze -U as Presient of the City Council and as City Clerk of Pueblo, a Municipal Corporation. Y}tpess my hand and official seal. My commission expires: 0 ^[S" A L j Notary Public After Recording Return to: Thomas E. Jagger 127 Thatcher Bldg. Pueblo, CO 81003 TEJ 39.29 -5- 2465 FAr)FI81 A parcel of land located within the County of Pueblo, Slate of Colorado to -wit: A parcel of land being a portion of the S of the NE I and the N of the SE I of Section 30, Township 20 S;,uth, Range ti3 jYCat of the Sixth Principal Meridian, being more particulary described as follows. Beginning at a point from which the NE corner of said Section 10 bears N 22 0 08 1 10" E., (bearings based on the north line of said Section 10 to bear N 89 0 59 1 27" E) a distance of 2355.59 feet; thence S 01 0 33 1 02" E., a distance of 633.28 feet; thence S 43 ° 23 1 57" W., a distance of 164.42 feet: to a point on the apparent right of way line of Lockheed Street. Thence along said apparent right of way line on the arc of a non tanget curve to the left whose center bears S 71 °28 W and whose radius is 85.00 feet a distance of 178.60 feet; thence N 46 ° 31 1 41" W., a distance of 555.07 feet; thence N 01 ° 33 1 02" W., a distance of 324.18 feet; thence N 88 0 2639" E., a distance of 652.32 feet to the Point of Beginning. Said parcel contains 8.85 acres. EXHIBIT "A" _