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HomeMy WebLinkAbout22164 - RESOLUTIONS - 2/20/2008 RESOLUTION NO. 22164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF 14.11 ACRES OF AIRPORT PROPERTY TO THE WASTEWATER TREATMENT PLANT FUND FOR $3,642,295; LOCATED IN SECTION 19, A PORTION OF LOTS 19 AND 20 AS ALLOWED UNDER A FEDERAL AVIATION ADMINISTRATION INSTRUMENT OF RELEASE DATED OCTOBER 28, 1994, INCLUDING ALL REQUIRED CONVEYANCES AND PERTINENT DOCUMENTATION. WHEREAS, the City of Palm Springs, Department of Aviation (AIRPORT) has continued to implement security improvements to it is facilities more than six years after the terrorist events of September 11, 2001 which has resulted in Airport facilities being left in an unfinished condition; and WHEREAS, the AIRPORT has spent down available reserves to fund critical safety and security projects; and WHEREAS, the AIRPORT has determined that it is time to refurbish portions of the main terminal complex for the safety, security and convenience of the traveling public; and WHEREAS, the AIRPORT anticipates receiving a multi-year Airport Improvement Grant from the Federal Aviation Administration for much of the Improve/Modify/Rehab Terminal Complex project, however a portion of the project is not eligible for grant funding and will require the use of AIRPORT reserve funds; and WHEREAS, the AIRPORT owns 14.11 acres of property located immediately adjacent to the City Wastewater Treatment Plant (WWTP); and WHEREAS, the AIRPORT has the ability through a Federal Aviation Administration Instrument of Release dated October 28, 1994 to sell this property and use the proceeds for funding needed AIRPORT safety and security capital projects as well as non-grant eligible portions of the Improve/Modify/Rehab Terminal Complex project; and WHEREAS, the WWTP has reserves which can be used to purchase 14.11 acres of AIRPORT property which is already encumbered by WWTP sewer collection system piping, at a Fair Market Value of $3,642,295, based upon a Consumer Price Index adjusted Dozier Appraisal dated April 9, 2004 for the adjacent 24.96 acres previously sold to the WWTP by the AIRPORT. WHEREAS, the proceeds from the sale of the AIRPORT property to the WWTP will be used solely for AIRPORT purposes and shall not be diverted for any other use other than the continued development of the AIRPORT; and Resolution No. 22164 Page 2 WHEREAS, the City of Palm Springs, upon sale of the property shall be the sole owner of the 14.11 acres at the WWTP as described herein and shall grant all required easements under the Federal Aviation Administration Instrument of Release dated October 28, 1994. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council authorizes the City Manager to proceed with the sale of property and execute the transaction between the AIRPORT and WWTP as of February 20, 2008. SECTION 2. That the City of Palm Springs, California, reserves unto itself, its successors and assigns, for use and benefit of the public right of flight for the passage of aircraft in the airspace above the surface of the real property described as Lots 19 and 20 Palm Valley Colony Lands, 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 Palm Springs International Airport. SECTION 3. That the City of Palm Springs, California expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions of the above described real property to a height of not more than 530 feet above sea level. SECTION 4. That the City of Palm Springs, California expressly agrees for itself, its successors and assigns to prevent any use of the above described real property which would interfere with landing or taking off of aircraft at Palm Springs International Airport, or otherwise constitute an airport hazard. ADOPTED this 20th day of February, 2008. f� David H. Ready, City er ATTEST: /James Thompson, City Clerk Resolution No. 22164 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22164 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 20th day of February, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. pffies Thompson, City Clerk ity of Palm Springs, California