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HomeMy WebLinkAbout1978-10-12 Council Packet - Special MeetingKenai City Council Special Council Meeting October 12, 1978 Advisor to the Recreation Commission Parks and Recreation Expenditure Procedure Resolutions 78-168 Public Use of FAA VOR Moose Range Road AGENDA SPECIAL MEETING - KBNAI CITY COUNCIL OCTOBER 12, 1978 - 5:00 P.M. KENAI PUBLIC SAFETY BUILDING Ae PLEDGE OF ALLEGIANCE ROLL CALL NEW BUSINESS 1. Election or Counefl member as advisor to the Recreation Commission 2. BstabltsMment of p~eedu~es o! expendltuFes or pa~ko & r~.eation funds Resolution 78-158, Fegm'dlng public use of the FAA VOR-.uoose Range Road AD;JOURIqMBHT ' C00N(:II, I~Jl~£TllqG..._O~ SPECIAL ME,£TIN0_OF 10-19.-78 CITY OF KENAI RESOLUTION #78-168 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENA! REGARDING PUBLIC USE OF THE FAA VOR*MOOSE RANGE ROAD WHEREAS. the City of Kenai is the owner of a tract of land in the vicinity esot of the Kenai Municipal Airport. as indicated on the map attached hereto and made a pm hereof, end WHEREAS. the City of Kenal received said tract from the United States of America by deed dated December 1. 1963 in Book 64. Page 528. end wMch wes pm of the lends eonMining the Kenai Municipal Ah'port. and WHEREAS. said deed specifically reserved to the United States of America (end more partieulorly the Federal Aviation Admirdstration) a zqght of ingress end eavess over said loads in order to maintain certain VOR sites (i.e.. 8h, poFt approach fights) on euoh land, and WHEREAS. a rood known es FAA VOR-Moese Range Rood. has existed on todd properly leedin~ to such sites arid goJr~ through said land (see map attached), end WHEREAS, said rood has been variously used by other parties; usmely. Mm*athon Off Oompmy (in order to esrvioe its all rigging sites) and the National Moose Range (in order to patrol areas beyond said trent), and WHEREAS. bemuse or the use by individuals (es described above) of this Food. user8 thereof may in any event ciaim fi Fight to ingress and eaTesS over esid road by virtue of their continued use. end WHEREAS. individuals who have fights in land beyond said City tract may alarm a Lq~ht to utilize this road to gain in~*ees and eaTass by necessity over said City land. and WHEREAS. it is not the intention of the City or in the public interest of the City to disonu~s~e ins~ass and et~ass over said tract, since the free use of euoh inaTess end eaTeas on only benefit the City by ene0u~eging develop- me,It, and WHEREAS. it would only be feir and in the best interests of all the people that the Coun~ of the City of Kenei take the position publicly, that a right or ina~ees and eaTees over said lend whether over the FAA VOR-Moose Range Road now oF some substituted road in the future be enjoyed by all the people. I ].? rL'l I II I II I~11 Ill Resolution #78-168, Pes~e 9. NOW, THEREFORE, be it resolved by the Council of the City of Kanai that, Sestion 1: The Counoi_l 1. The FAA VOa-Moose Range Road as indicted on the map hereto attached, or any substituted future Fond through said property shell be made available to members of the generai public for use for purposes of tnf~ess end e~eoo from the Kenai Spur Hf(~hway to the eastern border or the City lend. .2, The Adndrdstraflon and legal departments ere hereby dh*acted to draft end prepare wltMn Thh*ty (30) days hereof ef~ker .D~ ~ ;--:-..; ~.:~ ~:~ordeble Instrument that would ae~ompLIsh the purpose of allowinf e ~lfht or inaTess end eaTess over said FAA VOR-Moose Ranfe Road to members of the public, ~ any substituted futuFo rood. And the City Meneaer is authorized to execute any such instrument upon approval thereof'by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI THIS 12TH DAY OF OCTOBER , 1978, VINCE~. T'~)'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk III III Bill