HomeMy WebLinkAboutRes1988-101
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 88-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING A LEASE AMENDMENT TO
LEASE CONTRACT RE-069 WITH SHORES IDE PETROLEUM,
INC., REGARDING LOCATION OF THE LEASE SITE
WHEREAS, the city of Seward and Shoreside Petroleum,
Inc., entered into a lease agreement effective June 22,
1988, for a ~30,000 square foot parcel of land in the Seward
Marine Industrial Center (USS 4827) for the siting of a bulk
fuel storage and bunkering facility; and
WHEREAS, the lease included a description of an adj a-
cent parcel on which lessee had a first right of refusal for
lease and development; and
WHEREAS, the city and the lessee have mutually agreed
to a modification of the lease site and the site of first
right of refusal with regard to location and description;
and
WHEREAS, the new sites have been surveyed with proper
metes and bounds descriptions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to
execute Lease Amendment No. 1 to Lease Contract No. RE-069
with Shores ide Petroleum, Inc., a copy of which is attached
and incorporated herein by reference.
Section 2. This resolution shall take effect thirty
(30) days following passage and posting as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this 12 day of September , 19~.
THE CITY OF SEWARD, ALASKA
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 88-101
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DUNHAM, GIESELER, HILTON, MEEHNA, NOLL, O'BRIEN & SIMUTIS
NONE
NONE
NONE
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
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(City Seal)
7~n/~_
Fred B. Arvidson
City Attorney
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LEASE AMENDMENT NO. 1
RE - 069
SHORESIDE PETROLEUM INC. dba HARBOR FUEL SERVICE
The CITY OF SEWARD, ALASKA, a home rule municipality,
hereinafter referred to as "CITY" and SHORESIDE PETROLEUM,
INC. dba HARBOR FUEL SERVICE, hereinafter referred to as
"LESSEE" hereby agree that the lease between them for an
unsurveyed parcel of land within the Seward Marine Industrial
Center, USS 4827, dated May 23, 1988 and effective June 23,
1988, is hereby amended as follows:
1.
Delete the reference to property description
within ARTICLE 1.--LEASED LAND (page 2), and
substitute in its stead the following:
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commencing at a 5/8 x 30 inch rebar with an
aluminum cap located at the NE corner of USS
4827 ~ thence along the easterly line of said
USS 4827, S 00" 34' 13" E, 305.00 feet; thence
leaving said easterly line at a right angle
thereto, S 89" 25' 47" W, 1085.76 feet to a
set 5/8 x 30 inch rebar and the TRUE POINT OF
BEGINNING; thence continuing along the last
described line S 89" 25' 47" W, 200.00 feet to
a set 5/8 x 30 inch rebar; thence N 00" 34'
13" W, 150.00 feet to a set 5/8 x 30 inch
rebar~ thence N 89" 25' 47" E, 200.00 feet to
a set 5/8 x 30 inch rebar; thence S 00" 34'
13" E, 150.00 feet to a set 5/8 x 30 inch
rebar at the TRUE POINT OF BEGINNING.
containing an area of 30,000 square feet more
of less.
2. Delete the reference to property size and location
within ARTICLE 4. -- RIGHT OF FIRST REFUSAL ON ADJACENT
LAND (page 11), and substitute in its stead the
fOllowing:
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Commencing at a 5/8 x 30 inch rebar with an
aluminum cap located at the NE corner of USS
4827; thence along the easterly line of said
USS 4827, S 00" 34' 13" E, 305.00 feet; thence
leaving said easterly line at a right angle
thereto S 89" 25' 47" W, 1085.76 feet to a set
5/8 x 30 inch rebar; thence N 00" 34' 13" W,
150 feet to a set 5/8 x 30 inch rebar and the
TRUE POINT OF BEGINNING; thence S 89" 25' 47"
W, 200.00 feet to a set 5/8 x 30 inch rebar:
thence N 00" 34' 13" W, 125.69 feet to a point
on a line that is parallel with and 30.00 feet
southerly, measured at right angles, of the
northerly line of aforesaid USS 4827 ~ thence
along said parallel line N 89" 27' 38" E,
200.00 feet; thence leaving said parallel line
S 00. 34' 13" E, 125.58 feet to a set 5/8 x 30
inch rebar and the TRUE POINT OF BEGINNING.
Containing an area of 25,127 square feet more
of less.
3. Delete Exhibit "A" and substitute in ins stead
attached Exhibit "A REVISED".
In all other respects, the lease is to remain unchanged
and in full force between the undersigned.
IN
document
of
(30 )
No.
WITNESS WHEREOF, the parties have executed this
by their duly authorized officials this day
, 1988 with the effective date being thirty
days after adoption of City of Seward Resolution
LESSEE: SHORESIDE PETROLEUM
INC.
LESSOR: CITY OF SEWARD,
ALASKA
BY:
BY:
APPROVED AS TO FORM:
ATTEST:
Hughes, Thorsness, Gantz
Powell, and Brundin
Attorneys for the City of
Seward, Alaska
Linda S. Murphy, CMC
BY: f.-.d n.t ~
Fred B. Arvidson,
(City Seal)
Shores ide Petroleum Lease Amendment No. 1
page 2
. STATE OF ALASKA
THIRD JUDICIAL DISTRICT
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)ss.
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THIS IS TO CERTIFY that on this day of
, 1988, before me, the undersigned, a Notary Public
in and for the State of Alaska, personally appeared
known to me and to me known to be
the City Manager of the City of Seward, and known to be the
individual named in and who executed the foregoing document, and
he acknowledged to me that he was authorized to execute the
foregoing document by authority granted him in the Municipal Code
of Ordinances for said City and for the uses and purposes therein
set forth.
WITNESS my hand and notarial seal the day and year first
hereinabove written.
Notary Public in and for Alaska
. My Commission Expires:
STATE OF ALASKA
)
)ss.
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THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of ,
1988, before me, the undersigned, a Notary Public in and for the
State of Alaska, personally appeared , known
to me and to me known to be the individual named in and who
executed the foregoing document, and he acknowledged to me that he
signed and sealed the same as his free and voluntary act for the
uses and purposes therein set forth.
WITNESS my hand and notarial seal the day and year first
hereinabove written.
. Notary Public in and for Alaska
My Commission Expires:
;
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Box 228, Seward, AK 99664
Ph. 907-224-3026
JOO No1235-88
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REVISED EXHIBIT "A"
LEASE CONTP~CT PE-069
SHORESIDE PETROLEUM INC.
CITY OF SEWARD.AL/tSKA
August 1988