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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
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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
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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
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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 .