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HomeMy WebLinkAbout6480RESOLUTION NO. 6480 A RESOLUTION APPROVING THE TRANSFER OF 5.632 ACRES OF LAND AT PUEBLO MEMORIAL AIRPORT TO PUEBLO COUNTY, COLORADO, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE A DEED THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: gPrTTnM 1 _ The deed conveying 5.632 acres of land at Pueblo Memorial Airport to Pueblo County, Colorado, a copy of which is attached hereto and incorporated herein as if set out in full, is hereby approved. The President of the City Council is authorized to execute and deliver the deed in the name of and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: December 26, 1989 ATTEST: �4 , X /'. 1 4.1 Cit C erk By DOUGLAS RING Councilman APPROVED: Pregident of'the City Council WARRANTY DEED THIS DEED, made as of the 26th day of December, 1989 by and between the CITY OF PUEBLO, a Municipal Corporation, existing under the laws of the State of Colorado (herein "City ") and the COUNTY OF PUEBLO, COLORADO (herein "County "), WITNESSETH: That the City for and in consideration of the sum of $5.00 and other good and valuable consideration to the City in hand paid by the County, 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 County, 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 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 County, its successors and assigns and inuring to the benefit of the 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 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. County 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 4,646 feet above the mean sea level unless specific written approval is obtained from the City and the Federal Aviation Administration to exceed such height restriction. 3. County 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 public purposes which the County is authorized to conduct or engage in. The Property shall not be used for smelting or commercial 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 twenty -one (21) feet in height shall be installed or constructed on the Property without the prior written approval of the City and the Federal Aviation Administration. (d) No structure or building shall be constructed or -2- installed within the following minimum yard set- backs: front yard (United Avenue), sixty -five (65) feet; side and rear yards, twenty -five (25) feet. There must be installed and maintained a minimum strip of living landscaped ground within the yard set- backs and adjacent to abutting streets as follows: United Avenue, thirty -five (35) feet; other abutting streets, fifteen (15) feet. (e) The County 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 County 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 City laws, ordinances, regulations, and codes. (g) Waste water discharged from the Property into City's sanitary sewer system and County'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, now in effect or hereafter adopted or amended. County shall only discharge domestic waste water into City's sanitary sewer system. If County discharges waste water from the Property other than into City's sanitary sewer system, County shall obtain all permits and easements required therefor. City will cooperate with County in obtaining such permits and easements provided City incurs no expense or liability relating thereto. (h) City reserves the right to waive all or any part of these Restrictive Covenants. 5. At the request of City, County 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 -3- annexation. 6. This deed is executed and delivered upon the express condition and with the understanding that the Property shall be used exclusively by the County for public purposes which the County is authorized to perform, conduct, or engage in and not otherwise, and that if the Property ceases continuously for one year or more to be used by the County for such public purposes, title to the Property shall revert to and vest in the City, its successors and assigns. 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. [S E A L] ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION 4J. Pr : ident of the City Council Ci y Clerk [S E A L] COUNTY OF PUEBLO ATTEST: By Chairman of the Board of County Commissioners County Clerk -4- COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of Ar;�, ^4r, V1- 1989 by Kenneth F. Hunter, the President of the City Council of Pueblo, Colorado and Marian D. Mead, the City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires: [S E A L] COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) ►l c %e ZZ Notary Public u The foregoing instrument was acknowledged before me this day of , 1989 by , the Chairman of the Board of County Commissioners, and , the County Clerk of the County of Pueblo, Colorado. Witness my hand and official seal. My commission expires: [S E A L] Notary Public TEJ 41.16 -5- Commencing at the West 1/4 corner of Section 30, Township 20 South, Range 63 West; Thence South 0 0 08'40" East along the West line of said Section 30, a distance of 1,468.99 feet to the centerline of United Avenue; Thence North 88 0 17 1 05" East along said centerline of United Avenue, a distance of 4,268.45 feet to the East Right of Way line of the D.O.T. Access Road, said point also being the true point of beginning; Thence left along the arc of a curve to the right and along the Easterly Right of Way line of said D.O.T. Access Road, said arc having a radius of 260.89 feet, a distance of 204.79 feet; Thence North 47 1 40'10" East and along the Southeasterly Right of Way line of said D.O.T. Access Road, a distance of 201.28 feet; Thence Right along the Arc of a curve to the left, said curve having a radius of 547.40 feet, a distance of 382.38 feet; (The intent of the last course is to be eight feet Southwesterly and parallel to the centerline of the existing Railroad Tracks); Thence South 07 °54'10" West, a distance of 402.49 feet to a point 75 feet North of the North Right of Way Line of the A.T. & S.F. Railroad; Thence North 87 1 47 °20" West and parallel to said North Right of Way line, a distance of 521.73 feet to the East Right of Way line of the D.O.T. Access Road; Thence North 02 °41'40" East and along said East Right of Way line, a distance of 236.57 feet to the true point of beginning. Said parcel contains 5.632 acres more or less. Exhibit "A"