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HomeMy WebLinkAboutRes1988-101 . . . 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 ~.~~R -1- . 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 . . (City Seal) 7~n/~_ Fred B. Arvidson City Attorney -2- . 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: . 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: . 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 ) )ss. ) 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. ) 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: ; ~ ~ ~ 50' -- t ,\,w 89~7~8~E. 2()()'tXJ'./I , 0.. ,'; ~}"''::: l ,',..;.\..\ ~ SNORESIIU PeTR~~' ~ ~ ' " ;:iR~T 1i'.r,t./SAt. Ic\ ''. :;; "'2LI.'2' 7 ~ rJ;'~ ~ ~ ';' ';+~;'i""~" 7', v,.r". - ~" , ~ '4:.f:,;f:~ : T.Ra.s. ;( ~ ~ 3,37,J. 7~ AI. ~ t\i,~!.-r!..~'4~"Jil2~0~~' ~...s- 3, 930.37c. ~ ~{~jJ!;~;;;j)t!t~; ~ ~ ~,.,,:, ,. L4'A'~I'" ",..'" ". ,'j ',' WIG .! '. . ".t" ~ \' ,'" ,} :' , ~~.~., . ".1~OOOS,.F,(iA~ 3,U3.77N. , :' 7:Ra,,:,\ ~ ~ 93/.8'7 Co ~ t ! 200.00 '". :.~ ~ I, 085: 7~' 3. 890 2., '47 HH/. 1/5'w~. 7(;,' . 't IQ ~ C't') ~ . ,~ ~ . ~ ~ 50' ir- 281.00' ~ .sCAI.~ J'; JtJO' RV S Ravrnond M. Burgess RPLS 3753-5 Box 228, Seward, AK 99664 Ph. 907-224-3026 JOO No1235-88 I I r' r.. 1,-'-' 'f)'" , ,..., /- I Co; ..........1 I _'_'I I/. 89027'.3lr E I,~w~, 7~' , ---' 30 P. I/. cos~men:l ROAD " " (~.. (" A ("", "''1 -7 ,_, ,_'......1 L.,!C;',~,/ NEC'D"': (/351(;,5/ Fd. 13tH tPfB.c.-f , 5000. 000 AI. ' 5000. 000 E. ~ <$ IS ;:!O.c. ~ --\ --A C'.v. l/S9/tit5/14tJ2 h'e'M'" w/ alu",", "tiP , 35.39. ~~ AI. ~ 50/4-S4.:. " \j\ ff) ff)' g ..; It{ · ~ ~ '" :'l ~ <ti _\ --/ .<;) IS ..sea".. //994827 ro' .eLM /..P. 1.8.('. ; /r#4!J. /0 AI. ---a- 5033.4/ E REVISED EXHIBIT "A" LEASE CONTP~CT PE-069 SHORESIDE PETROLEUM INC. CITY OF SEWARD.AL/tSKA August 1988