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HomeMy WebLinkAbout22 of 1941 - A resolution constituting agreement with the United States relative to operation and maintenance of REMARKS i Resolution No 22 By Commissioner Goggin J • I Resolution constituting agreement with the United States relative to operation and main- tenance of the Salt Lake City Municipal Airport No. 2. i t the 3aerd of Commis:Ad n1 StPN'"i94i 8 k. , ittz.i.,,.p.1.,,,,,„ I-: t , } t Dated Ffled Sept. 2, 1941 _••_ Address Re.. Ins ROLL CALL VOTING AYE 'NAY Salt Lake City,Utah, 193 Goggin I V : I move that resolution No _ by Mr Y .•-- be adopted. Keyser Matheson i Ifastitaxxx - - - 2:81cxxxxx - - - - k' McConkie Mr. Chairman - - Result • June 3, 1941. Mr. Arthur Ayres, Supervisor of Airports, • Civil Aeronautics Administration, Santa Monica, California. Dear Mr. Ayres: Sub3ecttCAA Airport Development Program, 1940-41; Salt Lake City Municipal Airport No. 2, Utah; Docket No. S-904-42-E. You will find enclosed certification in triplicate of the description of all the lands comprising the landing area and all other lands to be improved under the project, as per your request of May 29, 1941. I trust that this is satisfactory. If not, we will be pleased to make such changes as,you may desire. Yours very truly, City Attorney. ERC,D Enos. 3. Pape 1 o-` 7 F i O J T NI Qfi T TT.: ,C A.Cr' .7= I i 3 71E 7T 1- ;..3 _.fl fV'OCE "L' 1__C r1..'1 Ll i.l CITY ,\TJLIC.T^c.0 A:TPYOT'.T f'fl _ . C r ;'_TEEJCL_", the Gdninistrat,,r of Civil :=erons-utics of the Unite: tates e.parar.ent of dorms ce (hey 105::te r- .-_ . to ao "C,".mi-ni.strator"), acting Pursuant to the terns of the "Te_artment of Corr.erce : rooriation Act, 194` (7u11.ic 1`_a, lith c onn rass, title II), has des;mate`_' as necessary for national ie_fense a ro- ject (herein payed the "Project") for acveLocment of tae 'Celt Lake City laznicipal l ireort U,. (ner-.:_n called the ",'.ir(;ort"), .hich project is identifies as 704- -C; and. Ililf'Af, as a condition mope r nt to release and operation of the Project, the Administrator reouires that Salt T,"ke ,pity, a municipal corporation of the state of Utah (herein cs.ite'. the "City") have title in fee simple to the lanfi. area of the ^.iroort and tie lands to be improved under the Project ari enter into s,n aersooent ,ith the United `.tatcs ('herein cr.lied the "Gos'e noent"), in the .can- ner an. 2orm hereof; inC �,.1_ Cit. Ci �- -F,�, the �r is Leda iy, nrneially, an: aerise ante to enter into sash an t..rscaent an.., desires to aecil itself of the Lenefits of prosecution :of the Project; 110 , I:ELT-_-OPL, TT II - ii t'L_. CY THE =car at Co ss1on- ers of Salt Lake City: • Page 2 of 7 Section 1. That for and in consideration of development of the Airport by the Government as contemplated by the Project, the City does hereby covenant and agree with the Government as follows: (a) The Government shall have the right to develop the Airport as it sees fit, including the right to determine the exact nature of the improvements to be made under the Project, the manner in which the Project is to be conducted, the amount of Federal funds to be expended, and all other matters relating to the Project. The City will cooperate with the Government to ensure prosecution of the Pro- ject without interference or hindrance, and agrees to permit the agents and employees of the Government, and all persons authorized by the Administrator, to enter upon, use and occupy the Airport as the Administrator may deem necessary or desirable in connection -:-ith the conduct of the Project. (b) The City agrees to indemnify and save harmless the Govern- ment against and from any and all claims and damages which may arise from or in connection with the carrying out of the Project, except- ing claims for materials furnished or wprk performed pursuant to authority given by officers, employees, or agents of the Government. (c) It is understood and agreed that all improvements made under the Project shall be the sole and absolute property of the City, ex- cept where specifically agreed otherwise, in writing, prior to the undertaking of the improvement of installation in question. (d) The City agrees that, continuously during the term of this agreement, the Airport will be operated as such, and for no other purpose, and that unless utilized exclusively for military purposes it will at all times be operated for the use and benefit of the public, on reasonable terms and without unjust discrimination, and Page 3 of 7 • • without grant or exercise of any exclusive right for use of the Airport within the meaning of Section 303 of the Civil Aeronautics Act of 1938. (e) The City agrees that it will at all times during the term of this agreement maintain in good and serviceable condition and repair the entire landing area of the Airport and all improvements, facilities, and equipment which have been or may be made, con- structed, or installed with Federal aid, including all improvements made under the Project, other than facilities and equipment owned by the Government. (f) Insofar as is within its powers and reasonably possible, the City will prevent any use of land either within or outside the boundaries of the Airport, including the construction, erection, alteration, or growth, of any structure or other object thereon, which would be a hazard to the landing, taking-off, or maneuvering of aircraft at the Airport, or otherwise limit its usefulness as an airport. (g) In order to protect the rights and interests of the Govern- ment under this resolution, the City agrees that it will not enter into any transaction which would operate to deprive it/of any of the rights and powers necessary to perform any or all of the cove- nants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency. Section 2. That the City does hereby warrant and represent to the Government as follows: (a) That the City has title in fee simple to all the lands comprising the landing area of the Airport and to all lands to be improved under the Project, which lands are shown on the sketch Page 4 of 7 • attached hereto as part of Exhibit A, and that said lands are held free from any lien or encumbrance; (b) That the City has the power and authority to adopt this resolution and to perform all of the covenants contained therein; (c) That the City is financially and practically able to perform all of the covenants contained in this resolution; (d) That there is no pending or threatened litigation or other legal proceeding, and no material and relevant fact, which might adversely affect the prosecution of the Project, the oper- ation of the Airport, or the performance of any of the covenants contained in this resolution, which has not been brought to the attention of the Administrator; (e) That the Board of Commissioners of the City has complied with all requirements of law in adopting this resolution. (f) That such of the above representations and warranties as involve questions of law are made upon the advice of the City Attorney of the City, whose certificate as to such matters has been previously delivered to the Board of Commissioners and is annexed hereto and made a part hereof, as Exhibit A. Section 3. That the City Attorney and City Engineer be and they are authorized to furnish the Administrator such legal and factual information relative to the Airport, the Project, and this resolution as he may reasonably request. Section 4. That Sections 1 and 2 of this resolution shall become effective upon the award of any construction contract for any portion of the Project or the inauguration of any portion of the Project under force account, and shall continue in full force. Page 5 of 7 • and effect during the useful life of the improvements made under the Project. Section 5. That two certified copies of this resolution be sent forthwith to the Administrator, through the Regional Manager of Civil Aeronautics, Santa Monica, California. Passed by the Board of Commissioners 'of Salt Lake City, Utah, this ,Y."/"A---day of __ / , 1941. MAYOR. City Recorder. • . Page C of 7 CERTIFICATE OF CITY RECORDER. I, ETHEL MACDONALD, the duly appointed, qualified and acting City recorder of Salt Lake City, a municipal cor- poration of the State of Utah, do hereby certify that the foregoing resolution was legally adopted at a meeting of the Board of Commissionersp of Salt Lake City duly held on the a2" %day of 4-t, 1941, and that said resolution has been compared by me with the original thereof on file in my office and is a true copy of the whole of said original. • IN FITNESS WHEREOF, I have hereunto set my nand and seal of Salt Lake City this 2•""pp2tay of 1941. Zretie971 City recorder. • Page 7 of 7 - • FXJIEI'T A CFCTIP'ICATF OF CITY ATTCRNFY. I, T. F. CFFIS'IFNSFN, the duly appointed and qualified City Attorney of Salt La'he City, a municipal corporation of the Ctate of Utah, having read the proposed resolution heretofore submitted to Salt Lake City by the A_dmnistrator of Civil Aero- nautics, the adoption of which is rccuired Fs a condition prece- dent to the development of the Salt Lake City Municipal Airport No. 2, do hereby certify: 1. That Celt Lake City has title in fee simple to all the lands comprising the landing area of said Airport, end to ell the lands to be improved under the Project mentioned in said resolution, which lands are shown on the attached sketch, and that said lands are held free from any lien or encumbrance. 2. That Salt Lake City has the power to wort said resolution and to perform all of the covenants and coniitions contained therein.. S. That there is no rending or threatened litigation or other legal proceeding ^hi_ch -eight adversely affect the prose- cution of said Project, the operation of said _lcort, or the performance of any of the covenants contained in said resolution. —24 City Attorney. (Attachment) or ;4:or.ofc,e In play Pipe In p o `9 .Pi `� 1 • 1149.v ------ 599 s"I'e. 1 SSec.o -4- �tij{e4 z.5'72 - -20 .a294e E-ze5... --04 1 _ T . • •..s 1u J' a -3.S . O p O _ N Nn S m 2 -EL `'. 0 J _ �'ti 99�5 -.3 23.59'W.-I11.0' --'4 Lam`--- o. -- 212, an .8 O • FlI I R•3487.87' „1I Ix A•25.30' I ;I In N I 1 h' 3. i — — _ 30— — — 7 -29 li N, , h _e o; N r.7, R.2e14.33' 3 'MI 3. I2: 4 � _____ 02 1.8 .f u uce'W.100.0' ^� !i• i 990.7-- C 0 u 1-1 SALT LANE CITY MUNICIPAL AIRPORT No 2 Map Showing BOUNDARY BY COURSES & DISTANCES Scale: I"= 1000' Englneerinq Dep+. W. 0. 13eer5 NUMBER 96B0 Jo`t Lake Gl�y Au9u5t- 1941 t,li•Y Enymeer ACCOUNT 19.AC. DRAWING 12 E • DESCRIPTION OP LAID PURCHASED of SALT LATE CITY FOR SALT LAIR MUNICIPAL AIRPORT NO. 2 Heginning at a point an the east right-sf-way line of the Prows Reservoir Company Osnal4 two hundred sixty-nine and seven tenths (269. ) feet, south eighty-nips de s fifty- seve n agnates (89'37') east of the quarter see en serge, be- tween heatless(Mrs) (19) and Twenty-four ()iin Township Two (2) South, between Ranges One (1) and Two ( ) west, halt Lake Hass and Meridian, and remain( themes south eighty-sins degrees fifty-seven minutes (89� 4 east along t ter sea- nce line, fear thousand nine eighty-s ( 9 ►)foot, mars or less to the twarter smitten seignior between Seotions Nineteen (19) and Twenty (20) lewnship Two (2) South, Range One (1) Kest; thanes south eighty-nine de fifty-tivs min- ute ( 9'55') east along the quarter ovation line, six hundred forty-two and six tenths ( .6) feet, to a point on the west boundary line of the right-of-wa of he Utah Lake Irrigation Company themes south twenty-sins dopgrress forty-eight minutes ( S') east along said west loovnrdary line of t right-of-way of the said Utah Lake Irritation Company banal two hundred eighty-five and sue tenth (283.1) feet; thence sontinuing along said west boundary line of said right-of-way, south ten degrees thirty.Ave minutes (10'35') east, five hundred five and five tenths (505.5) feet; thence south nineteen degrees fifty-tee minutes (19 2') east, two thousand seven hundred ' fifty-fie (27$ ) feet; theme south seventeen de twenty six minutes (Whit) west,. throe thousand one foLlat eight and seven tenths ( 118.1) feet; thence still coati along the west boundary line of the aforesaid right-of-way s the 'Utah Lake Irrigation Company Canal south five degrees twenty-three minutes thirty resents (5 23'30") east& one thou- sand six hwmdred thirty-one and eight tenths (1431.5) feet mere sr less, to the sestisu line between Sestinas Twenty-nine (29) and thirty-tee (32) Township and Range aforesaid; theme* south eights-nine degrees fift -six ninnies thirty **sends 59'56' ) west along said section line, nine hundred aims and seven tenths ( .7) feet nets *rare, to the corner of Sections Twee ts9) Thirty t30) Thirtty�-once (31) ad Thin?-tee (32) tewsah and range aforesaid] thence north eighty-nine degrees fifty-s t minutes (89'58') west, ens thousand three hundred twenty (13200) feet sling the section lino between Sestiens Thirty 30) and Thirty-ene (31), Township two (2) south+ Ramp One (1) West; thence nerth no degrees fifteen minutes (0',1 + west, one hundred thirty--three (153) feet; theme north eight degroea fifty- eight minutes ( 89"j8') west, ens hundred (100) foot) themes south as degrees fifteen minutes (0'i§') east, One hundred thirty- three (1 ) set thence north eighty-nine degrees fifty-eight ninutes . •+� ') west, two thousand six hundred twelve and two tent (2 12.2) feet more sr less, along the wale* line between Bastions Thirty (30) and Thirty-one (31) is a point on . -2- the oast boundary lino of the right-of-way of the Darer and Rio Orando western Railroad; thins* north tan do ea forty- eight minutes (10.1t80) west along said east boundary lino of said right-of-way, two hundred sixty-seven and seven tenths (267.7) foot; thence eontisnsing along said boundary line on a eurvwd line to the right having a radius of two ffi eight hundred fourteen and ninety-three ate-hundredths (2 .93) foot, the chord of which boars north two degrees ei teen notes $°28') nest, eight hundred sever► and eigh ty-three one hundredths (807.83) ft.; thefts eoatinhing along skid east boundary line north five degrees forty-two minutes (5' 2') east, two thousand one hundred twenty-eight and five tenths (2128.5) feet; thence along a curved line to the left having a radius of three thou- to r hundred eighty seven and eighty seven one hundreths ( 87.87) feat the short of which bears north seven degrees e sites (7•0 t) west, one thousand fire hundred thirty- nine and five tenths (1559.5) feet; thence continuing along said east boundary of saiid/, right-of-rray north nineteen dogrecs forty-flight minutes t1 •%8+) nest six hundred forty-eight and eighttenths (6t;8.M) foot to the section line between Sections Unfits** (19) and Thirty (30) aforesaid Township end Range; thins* south eighty-nine degrees fitly-nine minutes (S9• 590) oast along said section line, two hundred twelve and nine tenths (212.9) feet, to a point an the east boundary lino of the right-efwray of the Provo Reservoir Company Canal; thence north twenty-three degrees fifty-nine minutes (23 9r) west, along the east boundary lino of said right-of-way one hundred eleven 111) feet; thence way, north twe along nty-two g's* y st u. thirtttyy-s�ix minut ofy os (22°560) worst, two thousand six and five Months (2006.5) foot; thence north seven degrees fifty-six minutes (7.56") nest, six hundred ninety- six and throe a tenths (696.5) feet, mere or less, to the point of beginning. Area nine hundred fifty and ninety.-tour one-hundred- ths (950.941 acres more or less. Loss the following described rights-ot.usy of the Prove Reservoir Canal Company to wits a tract of land two and five tenths 2. ) rods wide, extending no and seventy-live emu►-hundredths Or ) reds to the left and ono and seventy-ftvrs ono-hundredths c1. ) rods to does�t of the seater lino of the canal which * line is b as follows: Beginning at a point on the seater line of the said canal ono thousand one hundred seventy- seven and three tenths (1177.5) test, north eighty-nine degrees fifty-fright minutes (89 580) west of the southeast corner of the southwest ono-quarter of Usti.* Thirty f two South ( . West, Salt Lake Sass and Meridian, and rshnn g thanes five degrees forty atnutes (50409 west, along the sent., line of said canal, one hundred sixty-ens and one tenth 161.1) feet; thine* north four degrees tertyaine minutes (�•1;+9r) west seven hundred thirty-five (733) foot; thence north ten degees forty- fin minutes (10'I50) east two hundred fifteen (219) foot; thence north no degrees sixteen ainutss (0.160) west, nine hundred nine- ty (890) foot; thonse north five degrees fifty minntts (5'90r0 ttyy- east fits hundred six sina (56 ) feet Mr* or less to the east- quarto,west quarto, sectionlino through the *entor of Section Thirty, . -1E- • aforesaid township and range. Area Pro and fifty-two one-L ed- ths (2.32) sores more or less. Also less the following described twist et land shish is two end five tenths (2. ) rods side, extendiinag� one rod to the right sad one and five tenths reds to the loft of the *enter line of the Prow Reservoir C Canal whisk senter.hiss is dsseribtd as fellows, to wits beginning at a point an the seater lino of the said canal whisk is one-thousand•-one-hadred fifty. • six end two,tenthr (11 6.2) test south eighty-nine dew see fifty-ni slants (� 3`) east of the northeast.earner et See- tiom Thirty (30) Township Tr* South (T.2 S.) Ienge Ons West (11.1 W.) Salt Laks Bats and Meridian and remise theirs south twenty'thras degrees fit minutes (2 '599) oast along the teeter line at *an ► thre. (03) feet; tie south �e degrees two ninnies $7'02') east, two hundred eighty-eight (US) feet thous*. south twenky- von degrees and tb.ir ty.three sinutes (27'# ') east three feet; theses sou no degrees tarty. two a tes (Olaf) vest, sis honired sight ((io$) fort; thenos south six degrees thirty-eight niuntes (6'9*') vest, cos hundred ninety liege. Arse one wd(f90) feet wore or orty an.-hundredthss(140) aereessrnor*ts tp the orleesss. hundr r.9$ Total {w asrnas sere a or loss. ct three and ninety.twe one- hundredths 'ablest to a right of easseeot of the Prove Reserveir Canal Ceapany to maintain and operate its *anal As new sonstrustet across the southeast quarter of the Aortheestinarter of Section Thirty (30) Township Two (2) south, Renee One (1) west, Salt Lake Bess end Meridian; the minter nee of said canal is mars pertisu- isrl described as fellows,_�ts-wits **ginning at a paint twenty- Ili- six iz tt weead.186h�.0? test, south so &egress twenty- one minutes 0 east, f yr torn hundred s i +seta six tan�+� . feet, south eight -sins dogyross fif minutes (8 ') east trey the northwest terser sf Section Thirty (30), Towas, p Two (2) South, Range One (1) *Wet, Walt Lake Ease 1[eridian, and running thouse north five fifty pineto ) east tee hundred thirty-first and teas the (23g.0) feet; north sosan s thirty wen nis*tss (T37') west five belayed fonritsn A) fret t( earth six degrees thirty. eight missies (•'' $ ) rest, five heedrrd niaety.fivs (393.6) teat to the quarter quarter nee. Total mot area nine hundred eighty-five and five tenths (9$5.5) sots.