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Home My WebLink About980641.tiff RESOLUTION RE: APPROVE INSTRUMENT OF RELEASE AND AUTHORIZE CHAIR TO SIGN - FEDERAL AVIATION ADMINISTRATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Instrument of Release to the City of Greeley, County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Greeley-Weld County Airport Authority, from the Federal Aviation Administration, with terms and conditions being as stated in said release, and WHEREAS, after review, the Board deems it advisable to approve said release, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Instrument of Release to the City of Greeley, County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Greeley-Weld County Airport Authority, from the Federal Aviation Administration be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said release. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � � J�� Kae,._i/ -Flzet/ ✓�' ' ✓ ' �� Constance L. Harbert, Chair Weld County �' rk �!113C.1 +/ . n2 oc?I f ' 1 !$?4 W. 4 Webster' Pro-Tem BY: /� _�.��fi►� . �� i fr -��Deputy Cle�� '�r•'� 'Georg . Baxter AP D AS T RM: EZZ „`^ Dal9 K. Hall ount Attorne Barbara J. Kirkmeyer (/ 980641 AP0008 i�Yf/ lth/TY Irr �� ., r /,�PD//l APR 0 3 1998 HO. Box 727.Greeley CO 80632 �---- —_ 1 970/3569141 FAX 970/3582643 •ELD COUNTY ATTORNEY'S OFFICE TO: Bruce Barker April 1, 1998 Weld County Attorney FROM: Mike Reisman e_ Airport Manager RE: Colorado Air National Guard Land Release The Federal Aviation Administration (FAA) has requested that the City, County, and Airport Authority execute an Instrument of Release for the existing acreage occupied by the Colorado Air National Guard (CANG). This is necessary in order for all three entities to permit the CANG to continue leasing the subject land under the present conditions. This action is directly tied to the re-payment of all monies due for the purchase of the additional 10 acre tract for their expansion. Attached is a copy of the Instrument of Release. All of the provisions of this document are easily complied with. Paragraph 4 outlines the minimum sum of money to be spent on the airport for eligible improvements to conclude this buyout. A portion of the monies being spent this year by the City and County for the terminal project will adequately cover this obligation with no additional funds being needed. Your assistance in having the appropriate action taken by Weld County in this matter would be appreciated. Once approved, I will forward the originals to you for execution. Please call me with any questions. cc: Dale Hall GXY UNICOM: 122.8/IGXY ILS: 110.5/GX LOM: 348/GLL VOR: 114.2/AWOS 135.17 cmv6411 INSTRUMENT OF RELEASE THIS INSTRUMENT OF RELEASE, made by the United States of America, acting though the Federal Aviation Administration to the City of Greeley, County of Weld and Weld County Airport Authority, Colorado. WHEREAS, The United States, acting by and through the Administrator, Federal Aviation Administration granted Federal Funds for land acquisition and development of the Greeley-Weld County Airport, in Grant Agreements numbered FAAP 9-05-011-4801 through 9-05-011-C805, ADAP 7-08-0028-01 through 5-08-0028-04, and AIP 3-08- 0028-01through 3-08-0028-08; and WHEREAS, Said Grant Agreements provide that said land is for airports use, and WHEREAS, The Administrator of the Federal Aviation Administration has determined that the hereinafter described land no longer serves the purpose for which it was acquired and made subject to certain terms, conditions, reservations and restrictions in said Grant Agreements. NOW THEREFORE, for and in consideration of the City of Greeley, County of Weld and Weld County Airport Authority, Colorado, the Administrator of the Federal Aviation Administration, on behalf of the United States, hereby releases unto the City of Greeley, County of Weld and Weld County Airport Authority, Colorado, the hereinafter described real property subject to the following provisions and reservations: 1. The City of Greeley, County of Weld and Weld County Airport Authority, Colorado agree to continue to be bound by and further agree to reserve unto themselves, their successors and assigns in any instruments of transfer conveying title or any interest in the hereinafter described real property, 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 or flight in the said airspace and for use of said airspace for landing on, taking off from, or operating on the Greeley-Weld County Airport. 2. That the City of Greeley, County of Weld and Weld County Airport Authority, Colorado expressly agree for themselves, their 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 4,725 feet above mean sea level. 3. That the City of Greeley, County of Weld and Weld County Airport Authority, Colorado, expressly agree for themselves, their 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 Greeley-Weld County Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the grantor is to reserve the right to enter upon the land released hereunder and to remove the offending structure or object and to cut the offending growth, all of which shall be at the expense of the grantee. 4. The City of Greeley, County of Weld and Weld County Airport Authority, Colorado agree to expend a sum of$57,318 within five (5) years after the date of execution of this Agreement for otherwise eligible Airport Improvement Program development work at the Greeley-Weld County Airport. It is understood and agreed that this amount will not be eligible as owner matching funds for development under the Airport Improvement Program (APP). 5. The City of Greeley, County of Weld and Weld County Airport Authority, Colorado agree to maintain accurate records of expenditures 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 expenditure required by paragraph 4 above. By this Instrument of Release, the United States of America by and through the Administrator, Federal Aviation Administration, hereby releases the real property described below from all the remaining conditions, reservations and restrictions except those reserved herein, contained in the identified Grant Agreements. The real property is located in the County of Weld, State of Colorado, and legally described as follows: A tract of land located in the Southwest Quarter (SW'/a)of Section Two (2), Township Five (5) North, Range Sixty-five (^%) West of the Sixth Principal Meridian, Weld County, Colorado,beginning at a point 44293 feet South 1°27' West abd 30' South 88° 27' East from the Northwest corner of Section 2; Thence South 49° 47' East 96'; Thence South 88° 27' East 394.24 feet; Thence North 1° 27' East 619.09 feet; Thence North 88° 27' West 469.09 feet; Thence South 1° 27' West 559.11 feet to the point of beginning, containing 6.72 acres, more or less. By its acceptance of this Instrument of Release the City of Greeley, County of Weld and Weld County Airport Authority, Colorado covenant and agree for themselves, their successors and assigns to comply with and observe all the limitations set forth herein, expressly limited to the above described property. IN WITNESS WHEREOF the United States of America has caused this Instrument of Release to be executed as of the Li day of t2.,tt;f 1998. UNITED STATES OF AMERICA Administrator, Federal Aviation Administration ByManager, Denver Denver Airports District Office ATTEST: .., "p�`'P'�� ACCEPTED: ALL> County Clerk��y l,; � Chairman, Board of County Commissioners, Weld County, Colorado Constance L. Harbert (04/15/96) 4Thattil Chairman, Greeley-Weld County Airport Authority The City of Greeley, Colorado City Cle k M or APPROVE S TO SUBSTANCE APPROVED AS TO LEGAL FORM ace, 2.1.7 City anger City Attorney AS TO AVAILABILITY OF FUNDS Director ofFi e Hello