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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- �0 93a387UCCORal) ,/Q ' ®35�� �n O CT 3 1 1990 soo, 2520 F��, 339 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. -2- ,,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 -3- 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 -4- 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