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HomeMy WebLinkAbout11684 • • ORDINANCE NO. 1168 AN ORDINANCE relating to an assignment by Crescent Logging Company to Fibreboard Products Inc., of a Lease and Sub- lease dated December, 1924, made by the City of Port Angeles to Ninemire Lumber Company and previously assigned by Ninemire Lum- ber Company to Crescent Logging Company, consenting to said assignment and ratifying and approving said Sublease, as modified and assigned. THE CITY COMMISSION OF THE CITY OF PORT ANGELES DOES ORDAIN AS FOLLOWS: WHEREAS, by indenture dated December, 1924, the City of Port Angeles, a municipal corporation, leased and subleased to Ninemire Lumber Company for a term commencing with the date of said lease and continuing to and expiring on June 2, 2013, the following described lands and tidelands situated in Clallam County, to wit: SPIT LEASE #� Beginning at a concrete monument marked S R C 12 identical with corner No. 2 American Aircraft Corpora- tion Lease; thence N. 78 07' E. 2000 feet, following mean high tide line to a concrete monument marked S M 0 2; thence N. 59 35' W. 142.00 feet, across the Spit, to a concrete monument marked S M 0 3, being on mean high tide line; thence S. 80 17' W. 630 feet, fol- lowing mean high tide line to a concrete monument marked S M C 4; thence S, 77 09' 25" W. 1371.56 feet, following mean high tide line to a concrete monument marked S M C 5; thence S. 59 35' E. 143 25 feet, across the Spit, to a concrete monument marked C A the place of beginning, containing 4.97 acres, excepting, however, a strip forty feet wide over and across said premises, reserved for road and railroad purposes. HARBOR LEASE Beginning at a concrete monument marked A A 0 2 and S M C 1 being the initial point of beginning of the Spit Lease; thence S. 59 35' E. 470 feet more or less to a point coincident with American Air Craft Corporation Harbor Lease, and on the Outer Harbor line; thence N. 78 07' E. 2000 feet; -\ thence N. 59 35' W 470 feet more or less to a concrete monu- ment marked S M C 2 being corner No. 2 Spit lease; thence following mean high tide line S. 78 07' W. 2000 feet to the place of beginning, 1 • • 1 which said sublease is hereinafter cometimes referred to as ''said sublease'', and the terms and provisions of which are hereby referred to for further particulars; and, WHEREAS, said Ninemire Lumber Company transferred and assigned said sublease to Crescent Logging Company, a Washington corporation, by instrument dated April 9, 1928; and, WHEREAS, said sublease was modified and the assignment tla of approved by agreement dated May 9, 1928,. between the City of Port Angeles and Crescent Logging Company; and, WHEREAS, by instrument dated January 19, 1946, Crescent Logging Company assigned said sublease, as modified, to Fibreboard Products Inc., a Delaware Corporation, in consideration of which, Fibreboard Products Inc. accepted said assignment and assumed and agreed to be bound by the terms and conditions of said sublease, as modified, and to perform all obligations imposed upon the Lessee under said sublease, as modified, that are to be performed by the Lessee subsequent to January 20, 1946; and, WHEREAS, it is the judgment of the Commissioners of the City of Port Angeles that it is to the best interests of the City, and for the common benefit of the citizens thereof, and for the en- hancement and development of commerce and industry of the City, that the assignment of said sublease, as modified, to Fibreboard Products Inc. be consented to by the City and that said sublease, as modified and assigned, be approved and confirmed; NOW, THEREFORE, Section 1; The City of Port Angeles hereby consents to the assignment by Crescent Logging Company to Fibreboard Products Inc. of the above described sublease, as modified, and said sublease, as • modified, is hereby ratified, approved and confirmed, and Fibreboard Products Inc is and 'shall be considered for all purposes the Lessee under said sublease, as modified, on and after January 21, 1946. -2- Section 2: The Mayor and the City Clerk are hereby authorized and instructed to execute and acknowledge nn behalf of the City and deliver to Fibreboard Products Inc. an instrument in writing consenting to said assignment and ratifying, approving and confirming said sublease, as modified, in conformity with this ordinance. Passed first reading by the City Commission this z.,7,4_ day of , 1946. Passed second reading by the City Commission this a/,01- day of (%Q, , 1946. Passed third reading and finally passed and adopted this (3/4-71- day of 5/4yi , 1946. ATTEST: �. o(_acul• CITY CLERK AP' •0 � TO FORM: CITY ATTORNEY DESCRIPTION APPROVEDL CITY ENGINEER. - 3- MAYOR.