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HomeMy WebLinkAbout7459RESOLUTION NO. 7459 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION 1 An Agreement, 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 $56,000 being the appraised value and the proceeds of the sale of 4.94 acres of land located at Pueblo Memorial Airport and sold to the Pueblo Development Foundation. SECTION 2 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 the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED September 12, 199 BY CHARLES JONES Councilperson ATTEST: Ci y Clerk APPROVED: Pr ide t of City Council r � r.aM AGREEMENT THIS AGREEMENT made and entered into the - /2' day of �fi � 36 1994, 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 30 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 $56,000 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 1995 -2000 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $56,000 sum, which will be in accordance with accepted business practices and open for inspection by FAA at any time for three years after the date of completion of the item. 3. To incorporate in any deed of transfer of such land any reservation or restriction which is reserved or retained in the Deed of Release to protect the rights and interests of the public in the airport and to preserve its use as a safe and usable airfield. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of SgEmMg z , 19 9 ( . By Ti tle �i2ES i yENT of Pte- Cpu NC1 ATTEST: (SEAL) CIT CLERK WITNESSES 1$ylei C/.- 6 Of . Z �:, f �,- CITY ATTO THE UNITED STATES OF AMERICA B Y Manager, Airport District Office Federal Aviation Administration Department of Transportation II: The subject property is at the northwest corner of William White Boulevard and William White Way in the Pueblo Memorial Industrial Park, Pueblo County, Colorado, and legally described as: A parcel of land located in the N' /z of the SE' /a of Section 26, Township 20 South, Range 64 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at a point from which the Northeast corner of said Section 26 bears N 18 -01 -14 E (bearings based on the North line of said Section 26 to bear N 89 -10 -48 W), a distance of 2,824.05 feet; thence S 01 -57 -57 E a distance of 513.64 feet; thence S 88 -02 -3 W, a distance of 419.03 feet; thence N 01 -57 -57 W, a distance of 513.64 feet; thence N 88 -02- 03 E, a distance of 419.03 feet to the Point of Beginning. Said parcel contains 4.94 acres, more or less.