HomeMy WebLinkAboutRESOLUTION 1978-162~ t _ T ~ _~
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CITY OF KENAI
RESOLUTION NO. 78-162
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 sell this land for commercial development,
and
WHEREAS. the City can, by leasing or selling• this land, encourage develop-
ment which will contribute revenue to the airport, and
WHEREAS. the proceeds of the lease or sale of such land are required to be
devoted exclusively to the development, improvement, operation or mainte-
nance 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 is hereby reserved to the City of Kenai, it 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
aircraftt, 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 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 hereunder 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,
nil of which shall be at the expense of the Grantee.
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Resolution ~?b- l82, Page 2
C . The Grantee . by accepting this conveyance , expressly
agrees for itself, sucessors, 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 submit a
request to the Federal Aviation Administration for a determination
as required under Subparagraph (8) of the said Quitclaim Deed
and further request a release from the terms, conditions,
reservations and restrictions for the tract of land described as
Parcel A in Exhibit A which is attached hereto and incorporated
herein by reference.
2. The City Manager be and hereby is directed to furnish all
information required by the Federal Aviation Administration
to support the request .
3. Instruments of conveyance shall contain the specific conditions
described as "A," "B ," and "C" above.
4. Any revenues received from lease or sale oP lots in the tract
of land, Parcel "A," described in Exhibit "A" shall be dedicated
for the development, imprrnrement, operation or maintenance of
the Kenai Airport .
5. Resolution 78-56 fs hereby rescinded.
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PASSED by the Council of the Cfty of Kenai, Alaska, this 4th day of October,
19?8. ,
VINCENT O'REILLY, Y R
ATTEST:
C . Peter, City Clerk
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