HomeMy WebLinkAboutRes1994-185
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Sponsored by: Jones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING LEASE NO. RE-087
AMENDMENT NO. 1 TO CORRECT THE LEGAL DESCRIPTION
OF THE LAND LEASED TO INLET FISH PRODUCERS, INC.
WHEREAS, on June 27, 1994, the City Council of the City of Seward approved
Resolution No. 94-086, authorizing the lease of a parcel of land described as Lot 4, Block 3,
Seward Marine Industrial Center, to Inlet Fish Producers, Inc.; and
WHEREAS, said legal description was based on a preliminary site plan for the SMIC
area and does not exist in the title records of the Seward Recording District; and
and
WHEREAS, the perpetuation ofthis disparity may cause confusion in future title reports;
WHEREAS, the legal description of the leased land has been correctly identified and
described in the attached amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. Amendment No. 1 to the Inlet Fish Producers, Inc., Lease No. RE-087,
correcting the legal description and size of the leased land, is hereby APPROVED and the City
Manager is authorized and instructed to execute the amendment on behalf of the City of Seward.
Section 2. A copy of the amendment is attached and incorporated herein by reference.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this lOth
day of October, 1994.
THE CITY OF SEWARD, ALASKA
~'ru* Ij} C}vtt~
Dave W. Crane, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-185
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski
None
None
None
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
~(~
City Attorney
(City Seal)
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LEASE AMENDMENT NO.1
RE-087
WHEREAS, on June 27, 1994, the City Council of the CITY OF SEWARD
approved Resolution No. 94-086 authorizing the lease of a parcel of land, described as Lot 4,
Block 3, Seward Marine Industrial Center (SMIC), to INLET FISH PRODUCERS, INC.;
and
WHEREAS, said legal description was based on a preliminary site plat for the SMIC
area and does not exist in the title records of the Seward Recording District;
NOW, THEREFORE, THE CITY OF SEWARD, ALASKA, a home rule municipal
corporation, organized and existing under the laws of the State of Alaska, hereinafterr.eferred
to as "CITY," and INLET FISH PRODUCERS, INC., hereinafter referred to as "LESSEE,"
hereby agree that the Lease between them and originally approved by City of Seward
Resolution No. 94-086 on June 27, 1994 is hereby amended as follows:
Article 1, Section 1.1 (Description of Leased Land) is JO be amended to read as
follows:
1.1 Description of Leased Land. The Leased Land is located in the
City of Seward, Alaska and is more particularly described as follows:
Commencing at the northeast comer of United States Survey No.
4827 from a 5/8" x 30" rebar with an aluminum cap located,
thence along the easterly line of said USS 4827, South 00034'15"
East 365.00 feet; thence leaving said easterly line at a right angle
thereto, South 89025'47" West 657.76 feet to the TRUE POINT
OF BEGINNING; thence South 00034'13" East 127.50 feet;
thence North 89025'47" East 106.11 feet; thence North
00034'13" West 127.50 feet; thence South 89025'47" West
106.11 feet to the TRUE POINT OF BEGINNING, containing
an area of 13,329 square feet more or less. Said property is
located at the comer of what is known as Jellison A venue and
Olga Street within the Seward Marine Industrial Center, at
Fourth of July Creek, all within the Seward Recording District,
Third Judicial District, State of Alaska.
The Leased Land is depicted on the attached Exhibit A, which is incorporated herein
by reference, and said Exhibit A revises and replaces that Exhibit A attached to the original
Lease. The depiction of the Leased Land in revised Exhibit A is subject to further
modification as provided in Section 1.3 of the subject Lease. The parties intend that Exhibit
LEASE AMENDMENT NO. 1
Inlet Fish Producers, Inc. - RE-087
Page 1
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A serve as an interim description of the Leased Land to identify the Leased Land sufficiently
for purposes of public hearing and approval of this Lease by the City Council of CITY, and
for purposes of the revocable license granted to LESSEE in Section 2.2.
IN WITNESS WHEREOF, the parties hereto have executed this document this
__ day of , 1994.
CITY:
LESSEE:
CITY OF SEWARD
INLET FISH PRODUCERS, INC.
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By: "A- t I','c.. K. 1, e I'
Its: 5ec..l'e t"et.l'j
By: Tyler Jones
Its: City Manager
Date:
Date: r/~9'/1' if
ATTEST:
APPROVED AS TO FORM:
WOHLFORTH, ARGETSINGER,
JOHNSON & BRECHT, Attorneys for the
City of Seward
By
Thomas F. Klinkner
City Attorney
Linda Murphy, CMC/AAE
City Clerk
(City Seal)
LEASE AMENDMENT NO. 1
Inlet Fish Producers, Inc. - RE-087
Page 2
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STATE OF ALASKA
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THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this.lith day of7~~ t. , 1994, before me, the
utrSigned, a Notary Public in and for the State of Alaska, 'personally appeared
tl'tt'. I< X. I,. € f , known to me and to me known to be the individual
named in and who executed the foregoing document, and they acknowledged to me that they
were authorized to execute the foregoing document by authority granted him in the Bylaws or
by resolution of the Board of Directors of said corporation for the uses and purposes therein
set forth.
WITNESS my hand and notarial seal the day and year first hereinabove written.
1~ - . -.-- Yh J7::~~:jkJ
Notary Public in and for A~
My Co~ssion Expires: 'oUr /9 "1-
LEASE AMENDMENT NO. 1
Inlet Fish Producers, Inc. - RE-087
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