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HomeMy WebLinkAboutRESOLUTION 1966-19,• ,~'r. CITY OF KENAI - RESOLUTION 66-1q _ IL _ A RESOLUTION DEDICATING REVENUE RECENED FROM SALE OR LEASE OF TRACT D-3 FOR KENAI AIRPORT PURPOSES WHEREAS, the City of Kenai received a Quitclaim Deed from *hc Federal Aviation Agency on December 1, 1963 for a tract of land containing 59.65 acres, more or less and now described as Tract D-3; AND WHEREAS, the Federal Aviation Agency will remove all terms, condi- tions, reservations and restrictions contained in the original quitclaim deed, provided any sale or lease of the land is subject to the following conditions to run with the land: A. There is hereby reserved to the City of Kenai, its successors and assings, 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 ~~vith the right to cause in said airspace such noise as may be inherent ici the operation of aircraft, now known or here- after 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 or Lessee 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 corneyed here- under 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 or lessee. C. The Grantee or Lessee by accepting this conveyance expressly agrees for itself, successors and assigns that it will not make use of the 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 or Lessee; w•-"`"`- ' _ . ~~ ~°-'"+,, gage 2 CITY OF KENAI - RESOLUTION 66-19 ~~ - --..- -~sr- _ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENAI that any revenues received either by lease or sale of the afore described tract are dedicated for the development, improvement, operation or maintenance of the Kenai Airport;, AND BE IT FURTHER RESOLVED that any sale or lease of land in the afore- said tract shall be subject to conditions "A", "B", and "C" above mentioned. Passed and Approved thisl~_day of ~ 1966. CITY OF KENAI / . ~ -. v by: v J e s G . Dye , yor -` ATTEST: i .. ~~~~_~ Frances Torkilson, City Clerk - 9f ,. E_ _ ~ ~,, - •---- - -- ---~ - -- ~-