HomeMy WebLinkAboutRESOLUTION 1965-31r-- ----
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CITY Oi' Kh:NEIi - :1'.s:iGIJJ~I'lON Ej-~~
A t~.SOLUTION AUTHOKIZING A itL:QURaT FOR A U~.LV GF itE.LI~.ASr
AND DEDICATING HEV~.NUF. Rv.Ck.IVLll Fi~0I~1 SALF. GF LANU iN THE
BELUGA SUFsAIVISION FCR KENAI AIRPORT PURPOSES
WHERk.AS, the City of Kenai received a Quitclaim Deed
from the United States of AmErica on December 1, 1963 for
the Kenai Airport which contains a tract of land of approxi-
mately 16.5 acres e.nd which tract is now descrited as the
Beluga Subdivision and is shown on the attached exhibit,
the preliminary plat of the Beluga Subdivision; and
WHEiZEAS, the City of Kenai proposes to use lots of the
Eeluga Subdivision Lo compensate certain pxoperty owners
for rights which the City must acquire from them for airport
purposes ; and
WHERIi;AB, the City of Kenai proposes to use some lots
of the Beluga Subdivision to compensate contractors f'or air-
port work or services; and
WHEREAS, the Federal Aviation Agency of the United 8tat.es
of America can through "DEED OF REiEASE:" release the City of
Kenai from certain restriotions of the above ne.med Quitclaim
Deed; and
WHER~.AS, as a condition of the release, the Federal Avia-
tion Agency will require that the instrument of conveyancE
include the following conditionss
A. There is hereby reserved to the City of Kenai, its
successors and assigns, for the use and benefit of
the public, aright of flight for the passage of
aircraft in the airspace above the surface of the
premises herein conveyed, together with the right
to cause in s,~id airapa.ce ouch noise as may be in-
herent 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 apFrating on the Kenai Airport.
B. The Grantee xy accepting this convFyance ~ xpreasly
agrees for itself, successors, And assigns that it
will not erect nor permit the erection of any struc-
ture or object nor pErmit the Erection of e.ny
structure or ob~ECt nor pErmit tY:e growth of and
trEe on the land conveyed hereunder whlcti 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 o:;~ect +~nd to
cut the offending tree, a.ll of r~hich shall be at
the expense of the grnnteE .
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C. The Grantee by accepting this eonvFyanee
expressly aElress for itsElf, e~accea3o,~s, ana d=:yitns
that it will not make use of the said property in
any manner which miFtit interfere Ylittl the landing
and takinE off of aircraft from said Kenai Airport
or otherwise constitute an airport hazard. In the
event the aforesaid covenant i8 breached the City
of °enai reserves the right to enter on the land
conveyed hereunder and cause the abatement of such
inteZ•ferenee at the expEnss of thF Grantee.
NC`d THEt~]sFOHE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF KENAI, that
1. The City 1'~anager, James W, Harrison, bE and is
authorized to submit a request to the Federal Aviation Agency
for a determination as required under sub-paragraph (6) of
the above Quitclaim Deed and further request a release from
the terms, conditions, reservations and restrictions for the
Beluga Subdivision;
2, The City Manager, James W. Harrison, be and is direete.~
to furnish all information required by the Federal Aviation
Agency to support the request;
3. Instruments of eonvey~anoe shall contain the specific
conditions described as A , B , and C above;
4. Any revenues received froul conveyance or sale of lots
in the Beluga Subdivision are dedicated for the development,
improvement, operation or maintenance of the Kenai Airport.
Passed and Approved this ~~ day of ~~~C~~~,1965.
ATTEST:
Frances Torkileoci, CILy Cler~l~
CITY OF KENAI
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