HomeMy WebLinkAbout6624RESOLUTION NO. 6624
A RESOLUTION APPROVING A WARRANTY DEED TRANS-
FERRING LAND AT PUEBLO MEMORIAL AIRPORT TO
KURT MANUFACTURING COMPANY AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, Kurt Manufacturing Company (the "Company ") has given
notice to City of Pueblo, a Municipal Corporation (the "City ") of
the exercise of Kurt's option to acquire additional land at Pueblo
Memorial Airport for the purpose of expanding its manufacturing
facilities, and
WHEREAS, Company has certified to the City that it is now
employing 103 persons at its facilities at Pueblo Memorial Airport
and will within one year from the date of transfer of such
additional land employ an additional 54 persons at its facilities
at Pueblo Memorial Airport, and
WHEREAS, Company has fulfilled the conditions precedent to
the City transferring such additional land to Company; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Warranty Deed dated October 8, 1990 conveying 4.71 acres,
more or less, of land located at Pueblo Memorial Airport to Kurt
Manufacturing Company, a copy of which is attached hereto, having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2
The President of the City Council is authorized and directed
to execute the Warranty Deed in the name and on behalf of the City
and the City Clerk is directed to affix the seal of the City
thereto and attest same.
INTRODUCED: October 9, 1990
B DR.- GI GAR
Councilperson
ATTEST: APPROVED:
Ci y Clerk Pr sldent of ity Council
TJ 47.27 -2-
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pUBLO COUNTY. co�owaao
WARRANTY DEED
THIS DEED, made this 8th day of October, 1990 by and between
the CITY OF PUEBLO, a Municipal Corporation, existing under the
laws of the State of Colorado (herein "City ") and KURT
MANUFACTURING COMPANY, a Minnesota Corporation (herein "Company "),
W I T N E S S E T H:
That the City for and in consideration of the sum of $10.00
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
sewer water and natural gas lines 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 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
NO STATE DOCUMENTARY FEE
CONSIDERATION LESS THAN $500
mox2520 FAE'340
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. 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 4685 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. In
the event this covenant is breached, City reserves the right to
enter upon the Property and at the expense of the Company to
remove the offending structure or object and to cut the offending
growth.
4. The Property and its use are further subject to the
following Restrictive Covenants:
(a) The Property may be used only for offices and manufac-
turing facilities. The Property shall not be used for
smelting operations, 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
underground storage facilities.
(b) Parking areas for vehicles and roads on the Property
shall be paved. Outdoor storage shall not be permitted.
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,,HK2520 MA41
(c) The Property shall not be subdivided and no building or
structure over 60 feet in height shall be installed or
constructed on the Property.
(d) No structure or building shall be constructed or
installed nearer than 35 feet of the right -of -way line
of Dana Avenue or 25 feet of side or rear streets.
There must be installed and maintained a minimum 25 -foot
strip of landscaped ground adjacent to Dana Avenue and
adjacent to other abutting streets. Minimum side yards
set -backs shall be 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.
(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 Property owner 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 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. This Deed and conveyance are made upon the expressed
condition that Company will construct and equip an approximately
50,000 square foot manufacturing facility on the Property. If
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1,, K 2520 i ii V
Company does not commence construction of the manufacturing
facility on the Property in accordance with plans and specifica-
tions therefor approved by City, including parking, site
development and landscaping plans, within twenty -four (24) months
from the date of this Deed and thereafter diligently pursue its
completion, title to the Property free and clear of all liens and
encumbrances shall revert to the City. If title to the Property
so reverts to the City, Company, upon tender by City to Company of
$4.71, shall execute and deliver to City a special warranty deed
conveying to City marketable fee simple title to the Property free
and clear of all liens, claims, encumbrances, taxes, restrictions,
reservations, easements and rights of way except those of record
as of the date of this Deed. "Commence construction" means the
pouring of footings and foundations on the Property.
b. 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 in no wise 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
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re'asonabfe -- attorney
arising
out', of
r�
[S E A L]
fees, resulting from any violation thereof or
their enforcement.
ATTEST
�r
Ci Clerk
[S E A L}
ATTE 7
Secretary
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
t
By
'�00�a� 11
Pr � ent o t e i y Council
KURT MANUFACTURING COMPANY
By
President
The foregoin instrument was acknowledged before me this
day of C��(_f� 1990 by Michael Occhiato as
President of the City Council of Pueblo, Colorado and Marian D.
Mead as City Clerk of the City of Pueblo, Colorado, a municipal
corporation.
WiEn,4ss my hand and official seal.
My ('ojmnk ssion expires:
otar P is
COUNTY OF A.rl_U ik& .,_ )
ss.
STATE OF {a .U4 0'1 )
The foregoing instrument was ackno ledged be or m this
day o �F-a , 1990 by 1 ' L L v-, as
President and 14. as Secretary of rt Manufac-
turing Company, a Minnesota corporation.
Witness my hand and official seal.'
1; NUI u -v- "I NNE }}}}
wUh COUNT
My commission expires ;
commission expires Uec.7,1990
[S E A L] 4U
No ry Publi
TJ 34.461 -
3oox 2520 �Af�F 344
EXHIBIT "A"
WARRANTY DEED BETWEEN CITY OF PUEBLO
AND
KURT MANUFACTURING COMPANY
A parcel of land located in the County of Pueblo, State of
Colorado, try -wit:
A parcel of land being a portion of the N 1/2 of the SW 1/4 and
the S 1/2 of the NW 1/4 of Section 30, Township 20 South, Range 63
West of the 6th Principal Meridian, being more particularly
described as follows:
Commencing at a point from which the NW corner of said Section 30
bears N 15° 41' 24" W (Bearings are based on the North line of
said Section 30 to bear N 89° 59' 27" E), a distance of 2371.24
feet; thence N 88° 26' 39" E, a distance of 389.11 feet; thence S
O1° 31' 52" E, a distance of 359.99 feet; thence N 88° 28' 10" E,
a distance of 80.00 feet to the True Point of Beginning; thence N
88° 28' 10" E, a distance of 569.63 feet; thence S O1° 33' 47" E,
a distance of 360.30 feet; thence S 88 27' 57" W, a distance of
569.83 feet; thence N O1 31' 52" 11, a distance of 360.34 feet to
the True Point of Beginning.
Said parcel contains 4.71 acres, more or less.
:KURT
KURT MANUFACTURING COMPANY
i MANUFACTURING
COMPANY 350 Keeler Parkway, Pueblo, Colorado 81001
PRECISION MACHINING, SPECIAL MACHINES, TOOLING, AND INDUSTRIAL PRODUCTS
W. G. BILL KUBAN, PRESIDENT
September 7, 1990
To Whom It May Concern
c/o Mr. Thomas Jagger
City Attorney
127 Thatcher Building
Pueblo, Colorado 81003
Dear Sir or Madam:
199�
This is to confirm that Kurt Manufacturing Company employed eighty -
six (86) persons as of December 31, 1988; ninety -seven (97) persons
as of December 31, 1989; and one hundred three (103) persons as of
September 4, 1990.
The proposed expansion of our facilities in Pueblo should justify
the employment of an additional fifty -four (54) or more employees
within one (1) year of the closing of the proposed land transaction
at the airport industrial park. The purpose for the expansion is
for aluminum and zinc die casting and precision machining. The
one story building will be about 50,000 square feet in size and
will cost approximately $700,000.00. Our customers will include
computer, industrial and aerospace companies in the Rocky Mountain
region.
I have enclosed two brochures which should give you an adequate
idea of the precision manufacturing and die casting services that
we provide.
Our decision to expand in Pueblo has been delayed up to now for
various competitive reasons. Please inform Mr. Thomas Farley, 650
Thatcher Building, Pueblo, Colorado 81003 (Ph. 719/545 - 9330) as
soon as possible if there is going to be any problem in securing
the proposed site next to our present location in the very near
future.
Thank you for your many courtesies in the past. We love doing
business in Pueblo!
Sincerely,
Gretchen Kuban
General Manager
Enclosure