HomeMy WebLinkAboutRESOLUTION 1977-78CITY OF KENAI
RESOLUTION NO. 7?-7R
A RESOLUTION OF THE COUNCIL nF THE CITY OF KENAI, ALASKA REQUESTING
TIIE RELEASE BY THE FAA OF CERTAIN AIRPORT LANDS .
WHEREAS , the City of Renal received a quitclaim deed from the United States of
America on December 1, 1863 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 this land for commercial development, and
WHEREAS, the City can by leasing this land. encourage development which will
contribute revenue to the airport, and
WHEREAS , the proceeds of the lease of such land are required to be devoted
exclusivelq to the development, improvement, operation or maintenance of the
Renal Airport . and
WHEREAS, the Federal Aviation Administration of the Unites 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 foIIow:ng 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 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 op6rating 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 en 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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RESOLUTION NO. 77-78. Page Two
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 aircraR 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 Sub-
paragraph (6) 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 1st day of June, 1877.
JAMES A. ELSON, MAYOR
ATTEST:
C. Peter, City Clerk
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