HomeMy WebLinkAboutRESOLUTION 1978-168~ ..
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CITY OF KENAI
RESOLUTION #78-168
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A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI REGARDING PUBLIC
USE OF TILE FAA VOR-MOOSE RANGE ROAD
WHEREAS, the City of Kenai is the owner of a tract of land in the vicinity
east of the Kenai Municipal Airport, as indicated on the map attached hereto
and made a part hereof, and
WHEREAS, the City of Kenai received said tract from the United States of
America by deed dated December 1, 1963 in Book 64, Page 528. and which
was part of the lands containing the Kenai Munidpal Airport, and
WHEREAS, said deed specifically reserved to the United States of America
(and more particularly the Federal Aviation Administration) aright of ingress
and egress over said lands in order to maintain certain VOR sites (i.e. ,
airport approach lights) on such land, and
WHEREAS, a road known as FAA VOR-Moose Range Road, has existed
on said property leading to such sites and going through said land (see
map attached), and
WHEREAS, said road has been variously used by other parties; namely,
Marathon Oil Compairy (in order to service its oil rigging sites) and the
National Moose Range (in order to patrol areas beyond said tract) , and
WHEREAS. because of the use by individuals (as described above) of
this road, users thereof may in any event claim a right to ingress and egress
over said road by virtue of their continued use, and
WHEREAS, individuals who have rights in land beyond said City tract may
claim a right to utilize this road to gain ingress and egress 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 discourage ingress and egress over said tract, since the free use
of such ingress and egress can only benefit the City by encouraging develop-
ment, and
WHEREAS , it would only be fair and in the best interests of aU the people
that the Council of the City of Kenai take the position publicly , that a right
of ingress and egress over said land w't~ether over the FAA VOR-Moose Range
Road now or some substituted road in the future be enjoyed by all the people,
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RESOLUTION ?8-168, Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI as
follows:
Section 1: The Council
1. The FAA VOA-Moose Range Road as indicated on the map hereto attached ,
or any substituted future road through said property shall be made available to members
of the general public for use for purposes of ingress and egress from the Kenai Spur
Highway to the eastern border of the City land .
2. The Administration and Legal Departments are hereby directed to draft
and prepare within sixty (60) days hereof a recordable instrument that would accomplish
the purpose of allowing a right of ingress and egress over said FAA VOR-Moose Range
Road to members of the public, or any substituted future road. And, the City Manager
is authorized to execute any such instrument upon approval thereof by the City Council.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1Zth day of October, 1976.
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VINCENT O'REILLY
ATTEST:
8 C .Peter, City Clerk