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HomeMy WebLinkAbout7632r RESOLUTION NO. 7632 A RESOLUTION APPROVING THE TRANSFER OF 5.54 ACRES OF LAND AT PUEBLO MEMORIAL AIRPORT AND EASEMENT 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: SECTION 1. The deed conveying 5.54 acres of land at Pueblo Memorial Airport and easement 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. ATTEST: • City Clerk INTRODUCED May 22, 1995 By Samuel Corsentino Councilperson APPR YED: President of the City Council Reception R: 1083 Rec Fee ate: U 0 ?00 Page: 2819of P age : 7 S Pueblo r Co.C1kM�Rec. Inst.: WD v THIS DEED, made as of the 22nd day of May, 1995 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, together with a non - exclusive easement for access to and from the Property over and across the land described in Exhibit "B" attached hereto and incorporated herein (herein "Access Easement "), 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 Access Easement, 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 and Access Easement, together with the right to cause in the airspace above the surface of the Property and Access Easement such noise as may be inherent in the operation of any aircraft now Book: 2809 Page: 510 Chris C. Munoz Page: 2 of 7 Pueblo Co.C1k.&Rec. v known or hereafter used for navigation of or flight in said airspace, and for use of the airspace above the surface of the Property and Access Easement 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 and Access Easement, to a height of not more than 4,646 feet above the mean sea level unless specific written approval is obtained from the 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 and Access Easement 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 Access Easement and their 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 and Access Easement shall be paved. (c) The Property may be included in a subdivision as one (1) lot as described in Exhibit "A" but 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 installed on the Property 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 -2- Book: 2809 Page: 511 Chris C. Munoz Page: 3 of 7 Pueblo Co.C1k.&Rec. living landscaped ground within the yard set -backs and adjacent to abutting streets as follows: United Avenue, thirty -five (3 5) feet; other abutting streets, fifteen (15) feet. (e) The County shall at all times keep and maintain the Property and Access Easement 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 or the Access Easement, 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 law, 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 and wash bay and shop drains 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 expenses or liability relating thereto. (h) County shall not install or construct any building or structure of a permanent nature on the Access Easement. City reserves the right to use and occupy the Access Easement and to grant or convey the right to use and occupy the Access Easement for any purpose which does not unreasonably interfere with County's use as access to and from the Property. (i) City reserves the right to waive all or any part of these Restrictive Covenants. 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 annexation. 6. This Warranty Deed and conveyance of the Property are made upon the express -3- Book: 2809 Page: 512 Chris C. Munoz Page: 4 of 7 Pueblo Co.C1k.&Rec. u condition that if County transfers title to or use of the Property to any person or entity (except the City) by conveyance, deed, lease or otherwise, County shall immediately notify City in writing and County shall pay to City an amount equal to the fair market value of the Property and Access Easement excluding the value of improvements placed thereon by County. Fair market value shall be determined by a competent, qualified appraiser mutually selected by City and County. If City and County are unable to mutually select such appraiser, upon request of either the City or County any judge of the Pueblo County District Court may select such appraiser. The amount equal to the fair market value as determined by such appraiser shall be paid to City within thirty (30) days after the appraiser makes his determination of fair market value and, until paid in full, shall be and remain a lien upon the Property subject to foreclosure by the City. City and County shall each pay one -half of all costs associated within such appraisal. 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 reaso ble attorney fees, resulting from any violation thereof or arising out of their enforcement. �.�• °ti , `� ° CITY OF PUEBLO, A MUNICIPAL CORPORATION By(/ 0•.� /+ �. wry T President of the City Council Actinc'Cit}�` COUNTY OF PUEBLO -4- Book: 2809 Page: 513 Chris C. Munoz ..Page: 5 of 7 Pueblo Co.C1k.&Rec. By airm the Board County Commissioners A N -- ; BLO ss. The foregoing instrument was acknowledged before me this 26t hday of MaY , 1995 by Christian L. weaver as President of the City Council of Pueblo, Colorado and Gina Dutcher aCt Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. r My commission expires: PO ly _ N ry Public cr P U IR �.,.0 ` TY Q� `PUEBLO ) r G\ ,,� E CF,���., ) ss. STAT ` l & COLORADO ) The foregoing instrument was acknowledged before me this III L p— day of Q u4k --c. , 1995 by - hart A . M arA i:l e , the Chairman of the Board of County Commissioners, and ( Ky i 0 . I (V -n.oz as County Clerk of the County of Pueblo, Colorado. Witness my hand and official seal. .. • �•° a o 'lpon expires: :;� ••. '�} ;' No Public '_ ����•`'`'� � I DDS. -5- STATE OF COLORADO Book: 2809 Page: 514 Chris C. Munoz Page: 6 of 7 Pueblo Co.C1k.&Rec. FXHQBIT "A" PUEBIA OWM SHOPS A parcel of land located within the County of Pueblo, State of Colorado to -wit: A parcel of land being a portion of Lots 5 and 6, Riverdale Gardens according to the recorded plat thereof tiled for record August 1, 1895 in Book 8 at Page 24 in the records of the Pueblo County Clerk and Recorder and also a portion of the SE1 14 of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian, being more particularly described as follows; Beginning at a point on the apparent southerly right -of -way line of United Avenue from which the NE corner of said Section 30 bears N 12 -13 -53 E (bearings based on the north line of said Section 30 to bear N 89 -59 -27 E), a distance of 3762.35 feet; thence along the arc of a curve to the left whose center bears N 40 -49 -24 E and whose radius is 605.06 feet a distance of 380.65 feet; thence S 03 -47 -18 W. a distance of 393.73 feet; thence S 88 -10 -45 W. a distance of 522.80 feet; thence N 01 -35 -01 W, a distance of 236.76 feet; thence along the arc of a curve to the right whose radius is 292.36 feet, a distance of 141.15 feet to a point on the said apparent southerly right of way line of United Avenue; thence along the said sou-herly right of way line the following two ( 2 ) courses; 1) along the arc of a non - tangent curve to the left whose center bears N 39 -40 -00 W, and whose radius is 872.20 feet a distance of 105.30 feet; 2) N 43 -24 -59 E, a distance of 150.57 feet to the Point of Beginning. Said parcel contains 5.54 acres, more or less. Book: 2809 Page: Page: 7 of 7 EXMBIT "B" ACCESS EASEMENT 515 Chris C. Munoz Pueblo Co.C1k.&Rec. A parcel of land located within the County of Pueblo, State of Colorado to -wit: E A parcel of land being a portion of lot 6, Riverdale Gardens according to the recorded plat thereof filed for record August 1, 1895 in Book 8 at page 24 in the records of the Pueblo County Clark and Recorder and also a portion of the SE 1/4 of Section 30, Township 20 South, Range 63 Beat of the Sixth Principal Meridian, being more particularly described as followst Beginning at a point on the apparent southerly right of way line on the United Avenue from which the NE corner of said section 30 bears N 14 -12 -55 E., (bearings based on the north line said Section 30 to bear N 89 -59 -27 E), a distance of 3980.12 feet; Thence Southerly along the.arc of a curve to the left whose center bears S 63 -55 -21 E and whose radius is 292.36 feet, a distance of 141.15 feet; Thence S 01 -35 -01 E., a distance of 236.76 feet; Thence S 88 -10 -45 W., a distance of 60.00 feet; Thence N 01 -35 -01 W, a distance of 308.86 feet to a point on the said apparent southerly right of way line of the United Avenue; Thence along the arc of a non - tangent curve to the left whose center bears N 32 -13 -39 W and whose radius is 872.20 feet a distance of 113.25 feet td the Point of Beginning. Said parcel contains 0.48 acres. w STATE OF COLORADO, ss. County of Pueblo, V The Board of County Commissioners met in regular session in its office in Pueblo County, Colorado, on Thursday the June Present: A. D. 19 95 , at 10:00 Richard A. Martinez o'clock. of James M. Brewer 8th day of Chairman. County Commissioner. ++ Kathy Farley (excused) County Commissioner. ++ Terry A. Hart County Attorney. ++ Lucille Wilson Deputy County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 95 -236 ACCEPTING THE WARRANTY DEED TRANSFERRING TITLE OWNERSHIP OF THE PUEBLO COUNTY ROAD AND BRIDGE MAINTENANCE FACILITY LOCATED AT THE PUEBLO MEMORIAL AIRPORT FROM THE CITY OF PUEBLO TO PUEBLO COUNTY AND GRANTING AN ACCESS EASEMENT THERETO WHEREAS, pursuant to a Lease dated June 8, 1975 between the City of Pueblo and Pueblo County, Pueblo County has constructed, operated and maintained its Road and Bridge Maintenance Facility known as the "County Shops" at the Pueblo Memorial Airport; and WHEREAS, the City of Pueblo and Pueblo County now desire to provide for the transfer of the title ownership of the property on which those facilities are situated from the City of Pueblo to Pueblo County and to provide an access easement to that property; and WHEREAS, on May 22, 1995, the City of Pueblo approved and authorized the execution of a Warranty Deed containing certain conditions and conveying the 5.54 acres of land upon which the Pueblo County Road and Bridge Maintenance Facility is located from the City of Pueblo to Pueblo County, as well as an access easement to that land, and the matter is now before this Board for acceptance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that the Warranty Deed dated the 22nd of May, 1995, conveying 5.54 acres of land at Pueblo Memorial Airport upon which the Pueblo County Road and Bridge Maintenance Facility is located, as well as an access easement to that land, to Pueblo County, Colorado, the terms and conditions of which are incorporated herein by this reference, be, and hereby is, approved nunc pro tune May 22, 1995. BE It FURTHER RESOLVED that the Chairman of the Board of County Commissioners of Pueblo County, Colorado, be, and hereby is, authorized to execute said Warranty Deed indicating Pueblo County's acceptance of such transfer on behalf of Pueblo County. BE IT FURTHER RESOLVED that Resolution No. 90 -44 dated January 25, 1990, be, and hereby is, superseded in its entirety by this Resolution. By the following vote on roll call: kt rn 1006snMI'MARES BREWER—Aye, MARTINEZ —Aye .