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Home My WebLink AboutRESOLUTION 1977-59.~ f '~__. __._ __-~ -~ r cFs7 CITY OF KF.NAI l~ A r ~.r ~ ~~ RESOLUTION NO, ?7-59 A RESOLUTION OF THE COUNCIL OF THE CITY nF KENAI, ALASKA, REQUESTING THE RELEASE BY THE PAA OP 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, the two parcels of land described on the attached Exhibit A., and WHEREAS, the City wishes to lease this land for commercial development, and WHEREAS, the City can by leasing this land, encourage development which will cx:ntribute revenue to the airport, and WHEREAS , the proceeds of the lease of such land are required to be devoted exclusively 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 "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, 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 rightro 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 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 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. yr -_~- ~. ~~ ~ ~_- ..-.. ~~~ ~~`~~ ire RESOLUTION , Page No 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 nF 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 Sub- paragraph (F,) of the said quitclaim deed and further request 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 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 conveyance of sale of lots in the tract of land described in Exhibit "A" shall be dedicated for the development, improve- ment, operation or maintenance of the Kenai Airport. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 1877. t~ AME$ A . ELSON , MAYOR ATTEST: u .Peter, City Clerk ~__ _ a L MAIONE SURVEYING n BOX 5hh ``f KENAI ALASKA EXHIBIT "A" PAGE 1 of '3 Two (2) adjacent parcels of land lying in the Southeast one-quarter of Section 32, Township 6 North, Range 11 West, and within Government Lot 1, Section S, Township S North. Range 11 West. Seward Meridian. City of Kenai. Alaska] said parcels to be known respectively as Parcel 46 1 and Parcel ~~ 2. and being more particularly described as follows: Parcel 46 1 Beginning at the corner common to Sections 4 and S, T.5 N.. R.ll W. and Sections 32 and 33. T.6 N., R.11 W.. S.M., said corner being corner 461 of this parcel and the Point of Beginning, 1.) Thence N. 88•-54'-03" W. along the line common to Sections 5 and 32. for 326.81 feet t:o an intersection with the southerly right-of-way of the Kenai Spur Highway, and corner 462, 2.) Thence northerly along said right-of-way along the arc of a curve (concave to the southeast, and having a radius of 1248.14 feet) for 371.35 feet to an intersection with the line of Sections 32 and 33, and corner 463. 3.) Thence S. 0°-58'-44" W. along the line common to Sections 32 and 33 for 174.13 feet to corner 461 and the Point of Beginning, containing ir. all 0.731 acres, more or less. Parce 1 46 2 Beginning at the corner common to Sections 4 and 5, T.5 N.. R.ll W., and Sections 32 and 33. T.6 N., R.11 W.. S.M., said corner being corner 461 of this parcel and the Point of Beginning, 1.) Thence N. 88°-54'-03 W. along the line common to Sections 5 and 32, for 326.81 feet to an intersection with the southerly right-of-way of the Kenai Spur Highway, and corner 462, 2.) Thence southerly, along said right-of-way, along the arc of a curve (concave to the southeast and having a radius of 1248.14 feet) for 132.44 feet to corner 463, 3.) Thence S. 48°-26'-13"W along said right-of-way for 1232.50 feet to an intersection with the easterly right-of-way of Beaver Loop Road, and corner 464, 4.) Thence S. 41°-28'~-35" E. along said right-of-way for 64.16 feet to a point of curvature and corner 465. ( continued on page 2) ~ - MALONE SURVEYING BOX 566 KENAI ALASKA ., i~ ~ .. Parcel ~~ 2, continued pAGE2of3 5.) Thence southerly along said right-of-way, along the arc of a curve (concave to the southwest and having a radius of 5804.58 feet) for 271.73 feet to a point of tangency and corner 4~6, 6.) Thence S. 38°-47'-39" E. along said right-of-way for 192.90 feet to an intersection with the south line of Government Lot 1, and corner ~b7, 7.) Thence S. 89°-00'-13" E. along the south line of Government Lot 1 for 986.91 feet to an intersection with the line common to Sections 4 and 5, and corner ~~8, 8.) Thence N. 1~-10'-36" E. along the line common to Sections 4 and 5 for 1317.70 feet to corner 4~1 and the Point of Beginning, containing in all 28.226 acres, more or less. Note: Aata from right-of-way maps issued by State of Alaska Department of Highways. r 4 ~ ~ ~~ 1''; 200 / //~~ ,' _ V~9 ~ ?~ L~, G y ~~A J~ y~ P~ ~,a ~ ~~. ~'~ `'° a ~ti h' n. m 0 O Z r ~ 5.tiy =On-t3 E, ~au'rl-t 1,.~~E 4aYT, l:aT 3. 5~~1''C ~ FQ P~ pE. SC~L.1 n T f C~l~I 5 IN SEC. ~, T.'5 N., ~ 11 V~, & SEC. 32, T. (o N,. X,.11 VJ. ~. M . t~lAL01SC SURVEYtN4 ` _ I ~~ '~ /~ ~~ ~°~ ~ Z~~'• tea. ti$'°~ ~'~ 3~ S.o- O't 3~1~~4~~. ~ Goa ~ ~~QP~y 32 ~3 .88°54-03Y ~ 4 ~„,