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HomeMy WebLinkAboutRESOLUTION 1978-23r-- ~--- ~, v T ...• .. _. CITY OF KENAI RESOLUTION NO. 78-23 A RESOLUTION OF THE CO:JNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION iuF PARCEL OF LAND DESIGNATED AS TRACT D-5. WHEREAS, the City of Kenai has requested the Administrator of the Federal Aviation Administration to release an area of land hereinafter described from all canditfons, reservations, and restrictions contained in said Quitclaim Deed to permit the long- term lease for non-airport purposes of said land, and WHEREAS, the City of Kensf has, by Resolution 77-?8 dated June 1, 1977, obligated itself to devote the proceeds from the long-term lease for non-airport purposes of said property exclusively for the development, improvement, operation, or maintenance of the Kenai Municipal Airport, and WHEREAS, the Administrator of the Federal Aviation Administration has determined that said land no longer serves the purpose for which it was transferred, and WHEREAS, the Administrator of the Federal Aviation Administration has determined that such property can be used or leased by the City of Kenai for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the Kenai Municipal Airport. NOW , THEREPORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , as follows: Section k The City Manager is hereby authorized to sign the Deed of Release accepting from the Federal Aviation Administration a parcel of land designated as Tract D-5. Section 2: The City of Kenai will devote the proceeds from the longterm lease for non-airport purposes of said property exclusively for the development, improvement, operation or maintenance of the Kenai Municipal Airport . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15thday of March , 1978. -- ATTEST• > /~ Sue .Peter, City Clerk ~-- G /~.~ VINCENT O'REILLY, MA~ ~.s- ~~....- r ~w ~ -~ _~ ~ -~ DEPARTMENT (1F T~~dSP()ftiaTl4N ~~ Ft:Di:P.AI. AViAl't4... ADl~4lN{S_`: TRATION ALASKAN REGION 692 stxTH AvenuE ~~~ ~!~~~~ ANCHORAGE, ALASKA 99301 p~' 7 p TELEPHONE 272-5961 ~ ~~ '•+ 'r~= tr ~ ~ "~ • ~ .~ ~ a ~~ ~ o~~htltl-~~O February 1, 1978 ^f Mr. John Wise City Manager ~ City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Dear Mr. Wise: We have evaluated the information supplied by you in correspondence dated November 8, 1977, to support a Deed of Release for Tract D-S, Kenai Spur- Airport Lease Property. We have determined that it .i.s in the interest of the Federal government to allow a release of the Cit~~- of Kenai from provision of subparagraph six(6) of the Quit Claim Deed dated December 1, 1963, to the Cfty of Kenai. Enclosed are three copies of a Deed of Release to be signed by an authorized person. Please retain one copy for your files and return two copies to this office. , As Council Resolution 77-78 only authorizes submission of a request and determination, it will be necessary to obtain a Council Resolution authorizing acceptance by the signator of the Deed of Release, such resolution to be dated prior to the date of acceptance. We are enclosing a resolution of the proper form which may be used as a guide. A signed and attested copy of this resolution is also to be sent to this office. Sincerely, .~- l ~~ '•, (. .. . . / 1 ~.~~ : ~. DONALD GLEN WILCOX Chief, Programs Branch Airports Division Enciosures(4 copies} ---- DEED OF RELP.ASE Tract D-S This instrument, a Deed of Release, made by the United States of America, acting by and through the Chief, Airports Division, Alaskan Region, Federal Aviation Administration, under and pursuant to the powers and authority contained in the provisions of Public Law 81-311 (63 Stat.700), as amended, to the City of Kenai, a body of politic under the laws of the State of Alaska, WITNESSETH WHEREAS, the United States of America, acting by and through the Adminis- trator of General Services under and pursuant to the powers and authority contained is the provisions of the Federal Property and Administrative Services Act of 1949 (83 Stat.377), and the Surplus Property Act of 1944 (58 Stat.765), as amended, and regulations and orders promulgated there- under by instrument entitled "Quitclaim Deed" and dated December 1, 1963, did remise, release, and forever quitclaim to the City of Kenai, its successors and assigns, all rights, title and interests of the United States in and to certain real property located near Kenai, Alaska, under and subject to the reservations, exceptions, restrictions, and conditions contained in the Deed; and WHEREAS, the City of Reaai has requested the Administrator of the Federal Aviation Administration to release an area of land hereinafter described from all conditions, reservations, and restrictions contained in said "Quitclaim Deed" to permit the long-term lease for non-airport purposes of said land a}~d has by appropriate resolution dated June 1, 1977, obligated itself to devote the proceeds from the long-term lease for non- airport purposes of said property exclusively for the development, im- provement, operations, or maintenance of the Renai Airpos~; and WHEREAS, the Administrator of the Federal Aviation Administration, under and pursuant to the powers and authority contained in Public Law 81-311 (3 Stat. 700) is authorized to grant a release from any of the terms, con- ditions, reservations, and restrictions contained in, and to convey, quitclaim, or release any right or interest reserved to the United States by, any instrument of disposal wader which surplus airport property was conveyed to a non-Federal public agency pursuant to Section 13 of the Surplus Property Act of 1944 (58 Stat.765); and WHEREAS, the Administrator of the Federal Aviation Administration has determined that said land no longer served the purpose of which it was ' transferred, and that such property can be used or leased by the City of Kenai for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the Reaai Airport. NOW, THEREFORE, in consideration of the benefits to accrue to the United - States and civil aviation, the United States of America, acting by and through the Administrator of the Federal Aviation Administration under and ~ -~_ --r _ _ ~ -~ Page 2 pursuant to the powers and authority contained in Public Law 81-311 and applicable rules, regulations, and orders, hereby releases the following described real property from the conditions, reservations and restrictions of said "Quitclaim Deed" dated December 1, 1963, between the United States and the City of Kenai: Tracts A, B, C, and D, Kenai Spur - Airport Lease Property lying in the northeast quadrant of the junction between the Kenai Spur Road and Beaver Loop Road Extended; within a portion of Government Lots 1 and 2, Section 5, T.SN., R.11W., S.M., AK. and the City of Kenai more particularly described as follows: Beginning at the southwest corner of Lot 3, Block 3, Cook Inlet Industrial Air Park Subdivision, Thence S. 61o18'E., 98.14 feet along the east right-of-way line of Beaver Loop Road extended to the point of curvature of a simple curve to the right having a radius of 1386.20 feet, Thence along said right-of-way curve 420.86 feet to the point of revers- ing curvature of a simple curve to the left having a radius of 20.0 feet, Thence along said right-of-way curve 30.65 feet to the north right-of-way line of Reaai Spur Road, Thence N. 47o29'E., 435.61 feet along said right-of-way lice, Thence N. 42o31'W., 743.65 feet to the southeseterly boundary of Block 3, Cook Islet Industrial Air Park Subdivision, Thence S. 12°45' W., 163.67 feet along said subdivision boundary to the corner common to Lots 5 and 6, Block 3, Thence S. 28°42'W., 449.45 feet to the point of beginning, containing 7.014 acres more or less. Tbis release is granted subject to the fallowing conditions. 1. The instrument used to lease the hereinabove described property shall expressly include the following reserva- tions and covenants: A. There is hereby reserved to the City of Kenai, its successors and assigns, 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 premises herPia conveyed, Page 3 ~. Fes, together with the right to cause in said air- space such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on the Kenai Airport. B. The Grantee or Lessee by accepting this convey- ance expressly agrees for itself, its heirs, representatives, successors and assigns that it will not erect nor permit the growth of any tree on the land conveyed hereunder which would be an airport obstruction within the standards established under the Federal Aviation Administration Technical Standard Order N18, as amended. In the event the aforesaid covenant is breached, the Cit~+ of Kenai reserves the right to enter on the land conveyed hereunder and to re- move the offending structure or object and to cut the offending tree, all of which shall be at the expense of the Grantee or Lessee, or its heirs, successors, or assigns. C. The Grantee or Lessee, by accepting this convey- ance expressly agrees for itself, its heirs, representatives, successors, and assigns that it will not make use of the said property 1n any man- ner which might interfere with the landing and taking off of aircraft frow said Kenai Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the Grantor or Lessor reserves the right to enter on the land conveyed hereunder and cause the abate- ment of such interference at the expense of the Grantee or Lessee. 2. All covenants herein contained shall run with the land and shall insure to the benefit of, and be binding upon, the heirs, representatives, successors and assigns of the parties hereto. 3. In the event that any of the terms, conditions, reserva- tions, and restrictions upon or subject to which the property is disposed of is not met, observed, or complied with, all of the property so disposed of or any portion thereof, shall, at the option of the United States,'revert to the United States and its then existing condition. .< a ~ -. I Page 4 IN WITNESS WHEREOF, the UNITED STATES OF AMERICA has caused this Instrument ~ to be executed as of the day of 19 _ i UNITED STATES OF AMERICA The Administrator of the Federal Aviation Administration sy: Chief, Airports Division, Alaskan Region Acknowledged and executed this day of 19 by the of the City of Kenai Title CITY OF KEN~A~I~~~ ~~~p gy; L:~ir/ iy~- Title ^ ~~ I'