HomeMy WebLinkAboutRESOLUTION 1979-28f --' _ "'~ .a+
CITY OF KENAI
RESOLUTION NO 79-28
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A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING
THE RELEASE BY THE FAA OF CFRTAIN AIR.PORT LANDS,
~REAS~ the Citv of Y.enaf received a quitclaim deed from the
United States of America on Decemher 1, 1963 for the Kenai Airvort
which contains~ among other property, a parcel of land described
on the attached Exhibit A~ and
WHEREAS~ the City wfshes to lease or sell this land for commercial
develonment~ and
NIHEREAS~ the City can bv leasing or selling this land, encourage
develornaent which will contribute revenue to the airport, and
Y~EiEREAS~ the proceeds of r.hQ lease or sale of such land are required
to be devoted exclusively to the development, improvement, operation
or maintenance of the Kenai Airoort, and
, WfiEREAS, the ~ederal Aviation Administration of the United States of
America c$n through "DEED OF RELEASE° release the City of Renai from
certain restrictions of the above~-named cZuftclaim Deed, and
~i1HEREAS, as a condition of the release, the Federal Aviation Administration`
will require that the instrument of conveyance include the following
conditions-
A There is herebv reserved to the Citv of Kenai, fts successors
aind ~ssigns~ for the use and benefit of the public, a right of
flight for the nassage of aircraft in the airspace above the surface
of th~ premises herein conveyed, together with the right to cause ~
airsnace such noise as may be inherent in the oneration of
aircraft, now kno~,on or hereafter used for navigation of or
flight in the afr, using said airspace or landing at, ~aking
off from or onerating on the Kenai Airnort.
B The Grantee bv accepting this conveyance expressly agrees
~ for itself, successors, and assigns that it will not erect nor
~ nermit the erection of any structure or object nor nermit the
. growth of an,y tree on the land conveyed hereunder which would
be an sirAOrt obstruction. In the event the aforesaid covenant
~~ is breached, the City of Kenai reserves the right to enter on
the land conveyed hereunder, and to remove the offending structure
or object and to cut the offending tree, all of which shall be
, at the expense of the grantee.
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RESOLUTZON NO 79-28~ Page Two
C The ~ranteG by accepting this conveyance, expressly agrees
far itself, successors and assigns that it will not m~ke use
of said property in any manner which might interfere with the
landing and takinq off of aircraft from said Kenai Airport or
otherwise constitute an airport hazard. In the event the
aforesaid covenant is breached, the City of Kenai reserves the
right to enter on the land conveyed hereunder and cause the
abatement of such interference at the expense of the Grantee.
NOP?~ TPFREFnY2E, BE IT RESOLVED AY THE CdUNCIL OF THE CITY OF KENAI,
ALASKA that:
1 The City '~tanager be and hereby is authorized to submit a
request to the Federal Aviation Administration for a
determination as requ3.red under Subparagraph (6) of the said
ctuitclaim Deed and further rearuest a release from the terms,
conditions~ reservations and restrictions for the tract of
land described in Exhibit A which is attached hereto and
incorporated herein by reference.
~ 2 The Citx ~tanager be and hereby is directed to furnish all ;
information required bv the Federal Aviation Administration to ~
sup~ort the request. ~
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3 Instruments of convevance shall contain the specific
conditions described as °A," "B" and "C" above. i
4 Any revenues received from conveyance of sale or lease of
lots in the tract of land described in Exhibit "A" shall be .
~ dedicated for the develornnent, improvement, oneration or
, maintenance of the Renai Airnort. ,
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day
of May 1979.
INCENT O IL Y, ..
ATTEST;
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u C Peter, C tx C~er
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