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HomeMy WebLinkAbout7653RESOLUTION NO. 7653 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 $116,000 being the appraised value and the proceeds of the sale of 8.86 acres of land located at Pueblo Memorial Airport and sold to the Atlas Pacific Engineering Company. 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 June 12, 1995 ATTEST: Acting City lerk BY Sam Corsentino Councilperson APPROVED: President of City Council AGREEMENT THIS AGREEMENT made and entered into the 12th day of June 1995, by and between the UNITED STATES OF AMERICA, parry 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 31 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 property, described in the attached Exhibit "A ", 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 $116,000 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 1996 -2001 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $116,000 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 12th day of Jun , 19 95 City of Pueblo Christian Weaver 2 - .-• a M. • ATTEST: (SEAL) i lrl Acting C Y CITY ATTO WITNESSES THE UNITED STATED OF AMERICA By c� ��' - � ^ • Manager, Airports District Office Federal Aviation Administration Department of Transportation EXHIBIT " A " The subject property consists of an 8.86 acre tract of vacant land located at the northwest corner of the intersection of United Avenue with Keeler Parkway in the Pueblo Memorial Airport Industrial Park, Pueblo County, Colorado, and legally described as: LOTS 26, 27, & 28 PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK A parcel of land located in the County of Pueblo, State of Colorado, to -wit: A parcel of land located within a portion of the W' /z of the SW' /4 of Section 30, Township 20 South, Range 63 West and the E' /z of the SE 1 /4 of Section 25, Township 20 South, Range 64 West of the Sixth Principal Meridan, being more particularly described as follows: BEGINNING at the intersection of the apparent easterly right of way line of Skyway Street and the apparent southerly right of way line of Atlas Avenue from which the NW corner of said Section 30 bears N 08 -09-42 E, (bearings based on the north line of said Section 30, monumented at both ends with a brass cap assumed to bear N 89 -59 -27 E), a distance of 3657.44 feet; thence N 88 -32 -10 E along said apparent southerly right of way line of Atlas Avenue, a distance of 895.66 feet to a point on the apparent westerly right of way line of Keeler Parkway; thence southerly and westerly along the said apparent westerly right of way line of Keeler Parkway and the apparent northerly right of way line of United Avenue the following three (3) courses; 1) S 01 -31 -26 E, a distance of 36.89 feed 2) along the arc of a curve to the right having a central angle of 81 -49 -10 and a radius of 440.00 feet a distance of 628.33 feet; 3) S 88 -29 -21 W, a distance of 455.56 feet to a point on the said apparent easterly right of way line of Skyway Street; thence N 01 -31 -26 W along said easterly right of way line of Skyway Street, a distance of 477.72 feet to the POINT OF BEGINNING. Said parcel contains 8.86 acres more or less.