HomeMy WebLinkAbout7014RESOLUTION NO. 7014
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES
OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT:
SECTION 1:
An Agreement dated October 13, 1992 a copy of which is
attached hereto and made a part hereof by reference after having been
approved as to form by the City Attorney, by and between the United States
of America and The City of Pueblo, a Municipal Corporation, to establish a
Special Airport Improvement Trust Fund in the amount of $92,000.00 being
the appraised value and the proceeds of the sale of 8.23 acres of land
located at Pueblo Memorial Airport and sold to the Atlas Pacific Engineering
Company.
UrTMN 9-
Within five years of the date of the Agreement, this sum will
be expended for approved Airport Development. It is understood and agreed
that this amount will not be eligible as Owner Matching Funds for development
under the Airport Improvement Program(AIP).
SECTION 3:
The President of the Council is hereby authorized to execute
said Agreement on behalf of Pueblo, a Municipal Corporation, and the City
Clerk shall affix the Seal of the City thereto and attest the same.
INTRODUCED October 13, 1992
BY_ JOHi1 CALIFANO
Councilperson
APPROVED:
ATTEST: _
Presi nt of the City Council
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DEED OF RELEASE
„ O This instrument, a Deed of Release, made by the•Uned- States
of America, acting by and through the Federal Aviation
0 Administration, under and pursuant to the powers and authority
contained in the provisions of Public Law 81 -311 (63 Stat. 700),
a as amended, to the City of Pueblo, a body politic under the laws
°D of the State of Colorado, Witnesseth
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WHEREAS,
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The United States of America, acting by and through the War
N Assets Administrator, under and pursuant to Reorganization Plan One
of 1947 (12 Fed. Reg. 4534) and the powers and authority contained
e a, in the provisions of the Surplus Property Act of 1944, as amended,
W w by instrument entitled "Quitclaim Deed," dated July 20, 1948, and
recorded in Pueblo County, Colorado, in book 1074, page 87, did
C0 o° surrender, transfer, remise, release, quitclaim and convey to the
N o City of Pueblo, Colorado, airport facilities commonly known and
designated as Public Memorial Airport, subject to certain
m conditions, reservations, exceptions, and restrictions; and,
s
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w WHEREAS,
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O a° The City has requested the FAA to execute a Agreement of
I Release, whereby it would release the said described property from
°o all the reservations, restrictions, and conditions as set forth in
c u; the said Agreement; and
+; WHEREAS,
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a w The City intends to dispose of said land free and clear of the
reservations, restrictions, and conditions and receive other
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a valuable consideration therefor.
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c NOW THEREFORE,
* a For and in consideration of the above - expressed recitals and
o a of the benefits to accrue to the United States and to civil
,. aviation, the United States of America upon inclusion by the City
m of Pueblo, Colorado, in the Instrument of Transfer conveying title
m to the hereinafter described real property of provisions as
�-+ follows:
(1) That the City of Pueblo, Colorado, 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 the 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 flight in the
said airspace, and for use of said airspace for landing on,
taking off from or operating on Pueblo Memorial Airport,
Book: 2674 Page: 878 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
E
(2) 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 4,710 feet above sea level,
(3) 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,
hereby releases the said real property from the conditions,
reservations and restrictions as contained in the above - mentioned
Instrument of Transfer from the United states of America to the
City of Pueblo, Colorado, dated July 20, 1948, which real property
is described as follows:
A parcel of land located within the County of Pueblo,
State of Colorado, to wit:
A parcel of land being a portion of the NW1 /4 of the SW1 /4 of
Section 30, Township 20 South, Range 63 West and a portion of
the NE1 /4 of the SE1 /4 of Section 25, Township 20 South, Range
64 West of the Sixth Principal Meridian, being more
particularly described as follows:
Beginning at a point from which the NW corner of said Section
30 bears N 07 27' 12" W (Bearings based on the north line of
said Section 30 to bear N 89 59' 27" E, with all bearings
contained herein being relative thereto), a distance of
2713.62 feet; thence S 01 31' 26" E, a distance of 400.27
feet; thence S 88 27' 57" W, a distance of 895.66 feet;
thence N 01 31' 26" W, a distance of 400.16 feet; thence N
88 27' 39" E, a distance of 895.66 feet to the Point of
Beginning. Said parcel contains 8.23 acres, more or less.
Book: 2674 Page: 879 Chris C. Munoz
Page: 3 of 3 Pueblo Co.Clk. &Rec.
By its acceptance of this Deed of Release the City of Pueblo,
Colorado, covenants and agrees for itself, its successors and
assigns, to comply with and observe all of the conditions and
limitations hereof, which are expressly limited to the above -
described real property.
IN WITNESS WHEREOF the United States of America has caused this
Deed of Release to be executed as of the 10th day of
February 19 93
UNITED STATES OF AMERICA
By 4' Acting Manager, irports Div' on
Northwest Mountain Region
Federal Aviation Administra ion
Accepted:
City of Pueblo, Colorado
By
(TPEI — e)
STATE OF WASHINGTON
County of King
On this 10th day of February 1993, before me
personally appeared Matthew J. Cavanuagh TO BE KNOWN
TO BE THE PERSON DESCRIBED IN AND WHO EXECUTED THE FOREGOING
INSTRUMENT AND ACKNOWLEDGED THAT HE EXECUTED THE SAME AS HIS FREE ACT
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r State of Washington
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AND DEED.
AGREEMENT
THIS AGREEMENT made and entered into the 26th day of
January 19 93 , by and between the UNITED STATES OF
AMERICA, party of the first part, acting by and through the Federal
Aviation Administration, hereinafter referred to as the FAA, and
the CITY OF PUEBLO, body politic under the laws of the State of
Colorado, hereinafter referred to as Owner.
WHEREAS, the United States of America on the 20th day of
July, 1948, did transfer certain property to the Owner by Quitclaim
Deed, which property is located and described on the attached
Exhibit " A " and,
WHEREAS, the United States of America did issue 28
separate Grant Offers and such offers were accepted by the Owner;
and,
WHEREAS, said Quitclaim Deed and the Several Grant
Agreements contained reservations, restrictions, and conditions,
and
WHEREAS Owner has requested the FAA to execute a Deed of
Release whereby it would release the said described property from
all the reservations, restrictions, and conditions as set forth in
the said Quitclaim Deed and Grant Agreement Assurances; and,
WHEREAS, the Owner intends to dispose of said land free
and clear of the reservations, restrictions, and conditions and
receive other valuable consideration therefor;
NOW THEREFORE, for and in consideration of the FAA's
releasing of said described land from said reservations,
restrictions, and conditions, the Owner hereby agrees as follows:
1. To expend a sum of $92,000 within five (5) years
after the date of execution of this agreement for Airport
Development. It is understood and agreed that this amount will not
be eligible as Owner Matching Funds for development under the
Airport Improvement Program (AIP) or successor programs. Projects
to be accomplished during the five (5) years are those projects
described in the 1992 -1997 Airport Capital Program (ACP).
2. To maintain accurate records of expenditures of the
$92,000 sum, which will be in accordance with accepted business
practices and open for inspection by FAA at any time for three
years after the date of completion of the item.
3. To incorporate in any deed of transfer of such land
any reservation or restriction which is reserved or retained in the
Deed of Release to protect the rights and interests of the public
in the airport and to preserve its use as a safe and useable
airfield.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the 1 nth day of OCIORER , 19 92 .
CITY OF PUEBLO, COLORADO
By
F K T L C
Title PRESIDENT OF THE CITY COUNCIL
ATTEST:
(SEAL)
City Clerk
City Attor ey
THE UNITED STATES OF AMERICA
By
Manager, Airport Distrivt4office
Federal Aviation Administration
Department of Transportation
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LAND SALE TO ATLAS PACIFIC ENCxINEERING COMPANY
A parcel of land located within the County of Pueblo, State of Colorado,
to -wit:
A parcel of land being a Portion' of the' NW; of the SWj of Section 30,
Town: hip 20 South. Range 63 Wgst and a Iortion of the NEI of the SE; of
Section 25, Township 20 South, Range 64 West of the Sixth Principal
K4 ridi,n, being more pa rti ;ularly described as follows;
Beginning at a point on the westerly right -of -way line of Keeler Parkway.
from which the NW corner of'said Section 30 bears N 07 21' 12" W
W earings based on the north line.of said Section 30 to bear
11 89" 59' 27" E. with all bearings contained herein being relative
thereto), ,, distance of.27.13.62 feet; thence S 01 31' 26" E. along the
said westerly right -of -way line, a distance of 400.27 feet; thence
S 8B° 27' 57" W. a distance of 895.66 feet; thence N 01 31' 26" W,
a distance of 400.19 feet; thence N 88 27' 39" E. a distance of 495.66
feet to the Point of Beginning. said parcel contains 8.23 acres.
EXHIBIT A