HomeMy WebLinkAboutRESOLUTION 1978-56 -rte -~-.-__ _ _ _____ ~ .. , . ~ ~ -- ----
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CITX OF KENAI
RESOLUTION NO. ?5-56
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING
THE RELEASE BY THE FAA OF CERTAIN AIRPORT LANDS .
WHEREAS, the City of Kenai received a quitclaim deed from the United States of
America on December 1, 1963 for the Kenai Airport which contains, among other
property, a parcel of land described on the attached Exhibit A, and
WHEREAS, the City wishes to lease or seU this land for commercial development,
and
WHEREAS, the City can, by leasing or selling this land, encourage development
which will contribute revenue to the airport, and
WHEREAS. the proceeds of the lease or sale of such land are required to be devoted
exclusfvely to the development, improvement, operation or maintenance of the
Kenai Airport, and
WHEREAS. the Federal Aviation Administration of the United States of America can,
through a "DEED OF RELEASE" , release the City of Kenai from certain restrictions
of the above-named Quitclaim Deed, and
WHEREAS, as a condition of the release, the Federal Aviation Administration will
require that the instrument of conveyance include the following conditions:
A. There ie 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 herein
conveyed, together with the right to cause airspace 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 Airpurt.
B . The Grantee by accepting this conveyance expressly agrees for itself,
successors, and assigns that it will not erect nor permit the erection of any
structure or object nor permit the growth of any tree on the land conveyed here-
under which would be an airport 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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C . The Grantee, by accepting this conveyance, expressly agrees for itself,
successors, and assigns that it will not make use of said property in any
manner which might interfere with the landing and taking 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 .
NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA. that:
1. The City Manager be and hereby is authorized to submft a request to
the Federal Aviation Administration for a determination as required under
Subparagraph (6) of the said Quitclaim Deed and further request a release
from the terms, conditions, reservations and restrictions for the tract of
land described fn Exhibit A which is attached hereto and incorporated herein
by reference .
2. The City Manager be and hereby is directed to furnish ali information
required by the Federal Aviation Administration to support the request.
3. Instruments of conveyance shall contain the specific conditions described
a8 "A", "B", and "C" above.
4. Any rev$nues received from lease or sale of lots in the tract of land
described in Exhibit "A" shall be dedicated for the development, improvement,
operation or maintenance of the Kenai Airport.
PASSED by the Council of the City of Kenai, Alaska, this 17thday of May, 1978.
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VINCENT O'REILLY, M
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ATTEST:
S C . Peter, City Clerk
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'DE5CRIPTIOI~ OF CITY LAID ^~. ~ Page i of ~
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A parcel of land located within Gov't. Lots 1,2 & 5, Sec. 5. T.5 N.,
R.11 W., S.M., being more particularly described as follows
Beginning for reference at Corner 1, U.S. Survey 3025, East Addition
to the Townsite of Kenai, the same being the northwest corner of
Deshka Subdivision(Plat K-1557, K.R.D. ), thence N.84 -25'-45"E. along
the northerly line of Deshka Subdivision for 5.25 feet to an intersection
with the southerly right-of-way of the Kenai Spur Highway and Corner ~~1
and the Point of Beginning of this description
1 ) Thence continue N.84-25'-45"E. along the northerly line of said
Deshka Subdivision for 214.75 feet, to the Northeast corner of Deshka
Subdivision and Corner #2,
2.) Thence S.0 -08'E. along the easterly line of Deshka Subdivision for
380.00 to the Southeast corner of Deshka Subdivision and corner ~3,
3.) Thence S.53 -14'W. along the southerly line of Deshka Subdivision
for 272.92 feet to an intersection with the Easterly line of the
East Addition to the Townsite of Kenai, and Corner ~4,
4.) Thence S.0 -08'E for 231.34 feet to an intersection with meander line
of Alaska Tidelands Survey No.272 and Corner ~S,
5.) Thence N.74 -57'-SO"E. for 60.20 feet to Corner ~6,
6.) Thence N.45 -44'-39"E. for 55.96 feet to Corner ~7,
7.) Thence S.74 -14'-31"E. for 326.33 feet to Corner ~8,
$.) Thence N.83 -12'-O1"E. for 574.02 feet to Corner ~9,
9..) Thence S.78 -45'-34"E. for 332.88 feet to an intersection with the
westerly line of Alaska Tidelands Survey No. 98. and Corner X10,
10) Thence N.12 -11'-20"E. along the westerly line of A.T.S. No. 98 for
39.13 feet to the Northwest Corner of said A.T.S. ho. 98 and
Corner X11 of this description,
11) Thence N.0 -00'-30"E. along the line common to Gov't. Lots 5 & 6
for 139$.60 feet to the corner common to Gov't. Lots 1,2,5 & 6,
and Corner X12,
12) Thence N.89 -53'-43"E. along the line common to Gov't. Lots 1 & 6,
for 134.84 feet to an intersection with the westerly right-of-way
of Beaver Loop Road and Corner X13,
13) Thence N.39 -54'-23"W. along said right-of-way for 67.85 feet to a
Point of Curvature and Corner X14,
14) Thence continue along said right-of-way along the arc of a curve
concave to the southwest, and having a radius of 5654.58 feet for
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DESCRIPTION OF CITY LANDS, CONTINUED
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14)(continued) 264.77 feet to a point of tangency and Corner 4t15~
15) Thence continue N.42 -35'-21"W. along said right-of-way for 64.30
feet to an intersection with the southerly right-of-way of the
Kenai Spur Highway and Corner X16,
16) Thence S.47 -21'-15"h'. along said right-of-way for 988.19 feet
to a point of curvature and Corner 417,
17) Thence continue along said right-of-way along the arc of a curve,
concave to the northwest, and having a radius of 1373.24 feet for
541.71 feet to corner ;~1, and the Point of Beginning of this
description. SAVE AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED
PARGEL~
Beginning for reference at the corner common to Gov't. Lots 1,2,5 & 6,
Sec. 5, T.SN., R11W., S.M., thence S.0 -00'-30"W. along the line
common to Gov't. Lots 5 & 6, for 1039.00 feet to the Point of
Beginning=
1.) Thence N.89 -32'-30"W. for 157.20 feet,
2.) Thence N.31 -15'-30"W. for 584.70 feet,
3.) Thence S.88 -10'-30"E. for 333.20 feet,
4.) Thence S.54 -39'-30"E. for 156.50 feet to an intersection with the
line common to Gov't. Lots 5 & 6,
5.) Thence S.0 -00'-30"W. for 399.90 feet to the Point of Beginning.
Containing in all 3.343 acres, more or less.
Net acreage of entire parcel- 31.430 acres, more or less.
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