EKLUTNA HYDROELECTRIC PROJECT
Agreement for Extension of
"1996 EKLUTNA HYDROELECTRIC PROJECT TRANSITION PLAN"
by and among
THE MUNICIPALITY OF ANCHORAGE d/b/a MUNICIPAL LIGHT & POWER;
CHUGACH ELECTRIC ASSOCIATION, INC.; and
MATANUSKA ELECTRIC ASSOCIATION, INC.
EKLUTNA HYDROELECTRIC PROJECT
Agreement for Extension of
"1996 EKLUTNA HYDROELECTRIC PROJECT TRANSITION PLAN"
by and among
THE MUNICIPALITY OF ANCHORAGE d/b/a MUNICIPAL LIGHT & POWER;
CHUGACH ELECTRIC ASSOCIATION, INC.; and
MATANUSKA ELECTRIC ASSOCIATION, INC.
The parties to this Agreement are the Eklutna Purchasers as defined in the 1996
Eklutna Hydroelectric Project Transition Plan (Transition Plan). The Eklutna
Purchasers recognize that common interests exist regarding the ownership,
operation, and maintenance of the Eklutna Project. The Eklutna Purchasers hereby
extend the Transition Plan as modified by this Agreement.
The Eklutna Purchasers further recognize that obligations of the Eklutna
Purchasers under the terms of the Alaska Power Administration Asset Sale and
Termination Act, as well as obligations of the Alaska Power Administration and
successor agencies, continue beyond the Transaction Date, and that the execution
of this Agreement in no way relieves the Alaska Power Administration nor any
Purchaser of such continuing obligations.
All capitalized terms not defined herein shall have the same meaning given them
in the Transition Plan (including exhibits).
Therefore, the Parties agree to extend the Transition Plan as follows:
THIS Agreement for the Extension of the Transition Plan incorporates by
reference the following documents and all of the rights, obligations,
requirements, and provisions therein:
The 1996 Transition Plan, consisting of thirteen Sections
contained on ten pages; incorporating therein, specifically:
Exhibit A, consisting of 33 pages; Exhibit B, consisting of
5 pages; Exhibit C, consisting of 12 pages; Exhibit D,
consisting of 25 pages; and, Exhibit E, consisting of 9
pages.
Eklutna Transition Plan Extension Agreement Page 1 of 5
THE Parties further agree to the following modifications with regard to the 1996
Transition Plan by this Agreement:
1. The Transition Plan will not expire upon completion of the tasks
specified therein. However, the arrangements and timetable for transfer
of operations, maintenance, and power marketing, as well as operation,
maintenance, and administration of the Project will no longer require
consultation with APA, nor will office space and access be provided for
an APA real estate person after the Transaction Date. (Reference:
Transition Plan Section 2 and Section 5)
2. The transfer of data and documents to the Eklutna Purchasers after the
Transaction Date shall occur no later than January 1, 1998. (Reference:
Transition Plan Section 7)
3. The effective date of this Agreement shall be the Transaction Date, but
in any event no later than November 28, 1997.
4. The division of responsibilities among the Eklutna Purchasers after the
Transaction Date will be as described in Exhibit E, Paragraph (A)(2).
5. The sixth sentence of Paragraph (A) (3) of Exhibit E is modified to
delete reference to an "Ownership and Operating Agreement," and as so
modified reads as follows: "Decisions of the EOC will be by double
majority (a vote of two of the three Eklutna Purchasers whose shares
total at least 51% of the Eklutna Project shares) unless otherwise agreed
to by the Eklutna Purchasers."
THE parties further agree to the following in regard to the ownership,
operation, and maintenance of the Eklutna Project:
1. An Eklutna Purchaser's interest in the Eklutna Project will not be
modified or changed by any assignment or transfer, except upon consent
of each Eklutna Purchaser. An Eklutna Purchaser's interest may be
transferred or assigned among the Eklutna Purchasers in proportion to
their respective Project interest or by such other allocation as to
which each Eklutna Purchaser agrees. Transfer or assignment of an
Eklutna Purchaser's interest to entities other than an Eklutna
Purchaser will be subject to a first right of refusal by the remaining
Eklutna Purchasers, with such right to be exercised within 180 days of
receipt of written notification. If no remaining Eklutna Purchaser
elects to acquire such interest, the transferring Eklutna Purchaser
shall indemnify the remaining Eklutna Purchasers for all expenditures
which would not otherwise be required, but for which the Eklutna
Project becomes obligated in meeting licensing requirements and
regulations which were exempted for the original Eklutna Purchasers
under the Alaska Power Administration Asset Sale and Termination Act.
2. The terms and conditions of this Agreement will apply to any successor
or assign of an Eklutna Purchaser, whether such succession or
assignment results from security assignment, merger, acquisition, or
any other disposition by the Eklutna Purchaser of its Eklutna Project
share.
Eklutna Transition Plan Extension Agreement Page 2 of 5
3. Exhibits A through D of the CONTRACT FOR ELECTRIC SERVICE TO THE
CHUGACH ELECTRIC ASSOCIATION, INC.; MATANUSKA ELECTRIC ASSOCIATION,
INC.; AND MUNICIPALITY OF ANCHORAGE, MUNICIPAL LIGHT & POWER, Contract
No. DE-SC85-95AP 1 0042 shall continue in effect until such time as
revised or terminated by action of the EOC. Should any part of these
Exhibits A through D conflict with the Transition Plan as modified by
this Agreement, the Transition Plan shall prevail.
Dated at Anchorage, Alaska this 2nd day of October 1997.
Municipality of Anchorage
/s/ George J. Vakalis for
Larry D. Crawford
Municipal Manager
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Eklutna Transition Plan Extension Agreement Page 3 of 5
The APA hereby states its non-objection to the foregoing Agreement for Extension
of "1996 EKLUTNA HYDROELECTRIC PROJECT TRANSITION PLAN"
Alaska Power Administration, a unit of the
U.S. Department of Energy
/s/ Rodney L. Adelman
Rodney L. Adelman
Administrator
Eklutna Transition Plan Extension Agreement Page 4 of 5
RECOMMENDED: APPROVED AS TO FORM:
Anchorage Municipal Light & Power MUNICIPALITY OF ANCHORAGE
/s/ Hank Nikkels /s/ Mary K. Hughes
Hank Nikkels Mary K. Hughes
Acting General Manager Municipal Attorney
RECOMMENDED:
MUNICIPALITY OF ANCHORAGE
/s/ George J. Vakalis
George J. Vakalis
Operations Manager
Eklutna Transition Plan Extension Agreement Page 5 of 5
CLOSING AGREEMENT
THIS AGREEMENT is made this 2nd day of October, 1997, by and between
the United States of America, acting through the Alaska Power Administration, a
unit of the United States Department of Energy (hereafter "United States"), and
the Municipality of Anchorage, d/b/a Municipal Light and Power, Chugach Electric
Association, Inc., and Matanuska Electric Association, Inc. (hereafter
collectively "the Purchasers").
Recitals
WHEREAS, the Purchasers executed a Memorandum of Understanding on July
25, 1989, in which Agreement at Paragraph 2 they mutually declared their
respective proportionate shares of their undivided interest in the Eklutna
assets.
WHEREAS, on August 2, 1989, the United States and the Purchasers
entered into that particular contract entitled the Eklutna Purchase Agreement,
by which the United States agreed to sell and the Purchasers agreed to purchase
the Eklutna Hydroelectric Project, and its real property interests, fixtures,
equipment, personalty, contract and water rights, and other interests as
identified in that Agreement (hereafter "Eklutna Project").
WHEREAS, by enactment of the Alaska Power Administration Asset Sale and
Termination Act of 1995 (hereafter "the Sale Act), Public Law 104-58, the
Congress authorized the Secretary of Energy to sell the Eklutna Project to the
Purchasers in accordance with the terms of the Sale Act and the Eklutna Purchase
Agreement.
WHEREAS, on May 28, 1996, the United States and the Purchasers adopted
the 1996 Eklutna Hydroelectric Project Transition Plan in accordance with the
terms of the Eklutna Purchase Agreement for the purpose of facilitating
arrangements for the transfer of ownership of the Eklutna
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Project to the Purchasers
WHEREAS, the United States and the Purchasers are prepared at this
time to complete the purchase and sale transaction contemplated by the Eklutna
Purchase Agreement, the Sale Act, and the 1996 Eklutna Hydroelectric Project
Transition Plan, -subject to certain continuing obligations as identified in
this Agreement.
Terms of Agreement
NOW, THEREFORE, the United States and the Purchasers agree as follows:
1. Payment by Purchasers, The United States acknowledges receipt of the
following sums paid by the Purchasers in complete and final satisfaction of
the purchase-price payment requirement as provided by Section 5 of the
Eklutna Purchase Agreement, Amendment No. 3 to that Agreement and Exhibit B
to that Amendment:
Municipality of Anchorage, d/b/a ML&P 16/30 $3,174,933.
Chugach Electric Association, Inc. 9/30 $1,785,900.
Matanuska Electric Association, Inc. 5/30 $ 992,167.
------- ------------
Total Received: 30/30 $5,953,000
2. Instruments Delivered. The parties acknowledge that the United States
delivered on the date of this Agreement, and the Purchasers accepted on
that date, the instruments identified in Appendix A to this Agreement.
3. Remaining Federal Obligations Relating to Transfer of Eklutna Project
Interests to Purchasers. At the time of this Agreement, the United States
is unable to convey to the Purchasers the properties or interests in the
Eklutna Project identified in Appendix B to this Agreement. The United
States, acting through the United States Department of Energy, will
complete conveyance of
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the outstanding interests identified in Appendix B no later than June 1,
1998.For a period of 180 days after the date of this Agreement, the parties
reserve the right to further identify, by mutual agreement, instruments and
interests, if any, that should be added to Appendix B after closing and
will cooperate with one another in good faith in so doing.
4. Purchasers' Operational Arrangements. The requirements of Section 10.c of
the Eklutna Purchase Agreement regarding establishment of organizational,
functional and staffing arrangements for operations, maintenance and
Administration of the Eklutna Project are satisfied by that agreement
entitled 1996 Eklutna Hydroelectric Project Transition Plan, as modified by
that agreement entitled Agreement for Extension of 1996 Eklutna
Hydroelectric Project Transition Plan by and among the Municipality of
Anchorage, d/b/a Municipal Light & Power, Chugach Electric Association,
Inc., and Matanuska Electric Association, Inc, dated October 2, 1997, which
agreements are attached hereto as Appendix C.
5. Unresolved Matter. Notwithstanding the closing of the Eklutna Project sale
through this Agreement, the parties acknowledge that they have not resolved
the question of whether the United States is required to provide warranties
of title in real property conveyance and transfer instruments issued to the
Purchasers under the Sale Act and the Eklutna Purchase Agreement. The
United States and the Purchasers presently have differing positions
concerning this question. The warranty question is presently pending before
the Comptroller General, and an opinion from that official was not received
before closing of the Eklutna Project sale. Although the Comptroller
General's opinion will not be binding on the Purchasers, it will provide
guidance to the United States on the-unresolved question relating to
warranty obligations. By entering this Agreement, neither the United States
nor the Purchasers waive any position, right, claim or defense related to
the question of whether the
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United States must provide Warranties to the Purchasers in real
property transfer instruments.
6. Federal Obligations in Response to Real Property Title Defects. It is the
intent of the United States to convey to the Purchasers all right, title
and interest the United States has in the Eklutna Project. The parties
believe that the United States is conveying sufficient right, title or
interest to all real property identified in Appendix A in the Eklutna
Project as constructed and used by the United States. However, in the event
that the right, title or interest transferred by the United states was
insufficient, at the time of transfer, the following procedures shall be
employed to cure such insufficiencies:
a. If after the date of this Agreement, a third party initiates any
action (including without limitation an action for damages, to quiet
title, or for injunctive relief) challenging any title, interest,
license or right-of-way in or to real property identified in an
instrument delivered by the United States to the Purchasers pursuant
to the Eklutna Purchase Agreement and the Sale Act, the Purchasers
shall defend, and may settle, the action in good faith, and shall
provide notice of the action to the Secretary of Energy or his
successor.
b. If a court of competent jurisdiction enters a judgment or ruling on
the merits of a case, holding or otherwise establishing that the
title, interest license or right-of-way in or to real property was
insufficient on the date of transfer to provide the Purchasers with
the beneficial use, enjoyment and occupancy of the Eklutna Project as
constructed and transferred by the United States, then the United
States, in accordance with applicable law and subject to a prior
appropriation by Congress for that purpose, shall acquire, for
conveyance to the Eklutna Purchasers, the right, title or interest in
or to real property necessary to provide the Purchasers with
sufficient right, title or interest to allow for the beneficial use,
enjoyment and occupancy of the Eklutna Project. Alternatively, at the
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election of the Purchasers, they may acquire the necessary right,
title or interest and the United States,in accordance with applicable
laws and subject to a prior appropriation by Congress for that
purpose, shall reimburse the Purchasers for the costs of acquisition.
c. Before the Purchasers settle an action described in subparagraph a of
this paragraph 6, they shall notify the United States of their intent
to do so and tender the defense of the action to the United States. If
the United States accepts the tender, it shall defend the case to its
conclusion on the merits or settle the action on terms it deems
advisable. If the United States declines the tender, the Purchasers
shall be free to settle the action on whatever terms they deem
appropriate. If the Purchasers settle an action identified in the
preceding paragraph 6.b., then the United States, in compliance with
applicable laws and subject to an appropriation by the Congress for
that purpose, shall reimburse the Purchasers for the payment made in
settlement.
d. The United States, acting through the Department of Energy or its
successor, and the Purchasers may agree at any time that the right,
title, interest, license or right-of-way in or to real property
conveyed by an instrument identified in Appendix A to this Agreement
or conveyed pursuant to paragraph 3 of this Agreement is insufficient,
in which event the United States, in accordance applicable laws and
subject to a prior appropriation by the Congress for that purpose,
shall acquire the necessary interest and transfer it to the Purchasers
or reimburse the Purchasers for the costs of such acquisition.
e. In connection with the request for an appropriation to fund federal
obligations under this paragraph 6, the Purchasers shall petition the
Congress for reimbursement of their costs of acquiring property
interests or settling claims of insufficient interest. Nothing in this
Agreement shall limit the Purchasers' rights to seek an appropriation
for any purpose for which they might otherwise seek
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an appropriation. Nothing in this Agreement obligates Congress to make
any appropriations. In the event Congress fails to make an
appropriation, the United States has no duties to perform any work or
fund the cure of any insufficiencies. The Purchasers shall seek any
appropriation from Congress pursuant to this paragraph 6. The parties
reserve the right to seek judicial redress in a court of competent
jurisdiction.
f. In the event a court holds that a conveyance or transfer instrument
was ineffective to convey or transfer to the Purchasers the right to
operate the Eklutna Project, or any part thereof, and that the right,
title or interest purported to have been conveyed or transferred to
the Purchasers by the United States remains vested in the United
States, then the Secretary of Energy or his designee hereby grants to
the Purchasers, without the need for further action, a license to
enable the Purchasers to continue to operate the Eklutna Project. Such
license shall remain in effect until the United States is able to
convey or transfer the right, title or interest, the conveyance or
transfer of which was held to be ineffective pursuant to the original
instrument.
g. The United States' obligation to provide sufficient title extends only
to the Eklutna Project as constructed and transferred by the United
States. In the event that the Purchasers subsequently modify, improve
or otherwise change any portion of the Eklutna Project, the United
States is under no obligation to provide sufficient right, title, or
interest in real property for those modifications, improvements or
changes. Furthermore, in the event any right, title, or interest
becomes insufficient due to a modification, improvement or any other
change made to the Eklutna Project as originally constructed and
transferred, then this paragraph 6 shall become inapplicable.
7. Section 17(b) Easements. Pursuant to Section 10b(3) of the Eklutna Purchase
Agreement, the United States represents to the Purchasers that the
instruments identified in Appendix A to this
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Agreement provide the Purchasers with rights in easements reserved to
the United States under Section 17(b) of the Alaska Native Claims
Settlement Act, 43 U.S.C. ss. 1616(b) which are sufficient for continued
operation, repair and replacement of Eklutna facilities.
8. No Merger. The doctrine of merger shall not apply (a) to the rights and
obligations of the parties under this Agreement, and (b) to the rights and
obligations of the parties specifically relating to the sufficiency of the
right, title or interest in real property transferred or to be transferred
in the Eklutna Project.
9. Judicial Remedies. Nothing in this Agreement or in the conveyance or
transfer instruments delivered by the United States to the Purchasers shall
deprive the parties of any judicial remedy to which they may otherwise be
entitled by contract or under law.
10. Correction of Errors, The parties shall cooperate with one another to
correct any typographical or inadvertent errors discovered in documents or
instruments issued under the Eklutna Purchase Agreement. Correction of such
documents may require substitution of a new instrument in a form suitable
for recordation.
11. Environmental Expenditures. Purchase orders E-97-035 E-97-036, E-97-037,
and E-97- 038, issued on March 11, 1997, shall terminate on June 30, 1998,
and no further requests for payment of environmental expenses will be
accepted after that date, subject to the Purchase Agreement and applicable
environmental law. Invoices submitted by the Purchasers before July 1, 1998
will be processed and paid.
12. Generator Rewind Contract, The United States will continue to administer
Contract DE- AC-85-95AP0043 (commonly known as the Generator Rewind
Contract) to a successful conclusion. The Purchasers agree to allow the
United States and the Contractor under the Generator Rewind
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Contract access to the facilities so that the United States and the
Contractor may complete work under the Contract.The Purchasers shall
provide an on-site facility to the Contractor and the United States, to
include office space, telephone, furniture, and the usual amenities. When
the Contractor completes performance, the Contractor will issue a warranty
for its work. The United States hereby assigns the Contractor's warranty to
the Purchasers, effective upon the United States' receipt of the warranty.
13. Satisfaction of Conditions Precedent to Closing. All conditions precedent
to transfer of the Eklutna Project to the Purchasers and to closing of the
Eklutna Project sale have been satisfied or are hereby waived.
14. Notice to Parties. Notices under this Agreement or the Eklutna Purchase
Agreement shall be given to the following persons:
For the United States: Administrator, Alaska Power Administration, Juneau
For the Purchasers:
Municipality of Anchorage, d/b/a Municipal Light & Power: General Manager
Chugach Electric Association, Inc.: General Manager
Matanuska Electric Association, Inc.: General Manager
Notices to the Purchasers shall be given to each of the Purchasers.
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THE UNITED STATES OF AMERICA
UNITED STATES OF AMERICA
Department of Energy
Alaska Power Administration
Date: October 2, 1997 By: /s/ Rodney L. Adelman
---------------- ----------------------
Rodney L. Adelman
Administrator
THE EKLUTNA PURCHASERS
MUNICIPALITY OF ANCHORAGE
d/b/a Municipal Power & Light
Date: 2 Oct 97 By: /s/ George Vakalis for
--------------------- -------------------
Larry D. Crawford
Municipal Manager
CHUGACH ELECTRIC ASSOCIATION, INC.
Date: Oct 2. 1997 By: /s/ Eugene N. Bjornstad
------------------- ------------------------
Eugene N. Bjornstad
General Manager
MATANUSKA ELECTRIC ASSOCIATION, INC.
Date: Oct 2, 1997 By: /s/ Wayne D. Carmony
------------------ ---------------------
Wayne D. Carmony
General Manager
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ACKNOWLEDGMENTS
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this 2nd day of
October, 1997, by Rodney L. Adelman, Administrator of the Alaska Power
Administration, a unit of the United States Department of Energy.
/s/ Lee Anne Mackay
Notary Public in and for Alaska.
Residing at Anchorage
My commission expires: 5/25/2000
MUNICIPALITY OF ANCHORAGE
d/b/a MUNICIPAL LIGHT & POWER
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this 2nd day of
October, 1997, by George J. Vakalis, Acting Municipal Manager of the
Municipality of Anchorage d/b/a Municipal Light & Power.
/s/ Lee Anne Mackay
Notary Public in and for Alaska.
Residing at Anchorage
My commission expires: 5/25/2000
Closing Agreement
Page 10 of 12
CHUGACH ELECTRIC ASSOCIATION, INC
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this 2nd day of
October, 1997, by Eugene N. Bjornstad, General Manager of Chugach Electric
Association, Inc., an Alaska electric cooperative corporation, on behalf of the
corporation.
/s/ Lee Anne Mackay
Notary Public in and for Alaska.
Residing at Anchorage
My commission expires: 5/25/2000
MATANUSKA ELECTRIC ASSOCIATION, INC
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this 2nd day of
October, 1997, by Wayne D. Carmony, General Manager of Matanuska Electric
Association, Inc., an Alaska electric cooperative corporation, on behalf of the
corporation.
/s/ Lee Anne Mackay
Notary Public in and for Alaska.
Residing at Anchorage
My commission expires: 5/25/2000
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RECOMMENDED: APPROVED AS TO FORM:
ANCHORAGE MUNICIPAL LIGHT & POWER MUNICIPALITY OF ANCHORAGE
/s/ Hank Nikkels /s/ Mary K. Hughes
Hank Nikkels Mary K. Hughes
Acting General Manager Municipal Attorney
RECOMMENDED:
MUNICIPALITY OF ANCHORAGE
/s/ George J. Vakalis
George J. Vakalis
Operations Manager
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CLOSING AGREEMENT
APPENDIX A
INSTRUMENTS DELIVERED
APPENDIX A
1. Bill of Sale
2. Quitclaim Deed, Palmer Substation
3. Quitclaim Deed, Reed Substation
4. Patent, Anchorage Substation (from BLM)
5. Quitclaim Deed, Anchorage Substation
6. Assignment and Transfer of Easement, Wasilla Radio Relay Site
7. Assignment and Transfer of Easement, Transmission Line (Palmer)
8. Assignment and Transfer of Easement, Transmission Line (Anchorage)
9. Assignment and Transfer of Reserved Easement, Transmission Line
(Palmer 44LD513)
10. Assignment and Transfer of Reserved Easement, Transmission Line
(Anchorage 44LD513)
11. Assignment and Transfer of Easement Use Rights, Transmission Line
12. Assignment and Transfer of Easement Use Rights, Aqueduct
13. Assignment and Transfer of Flowage, Flooding and Reservoir Easement
14. Decision for Assignment of BLM Right-of-Way Grant, Serial Number AA- 70133
(from BLM)
15. Assignment and Transfer of Power Project Facilities
16. Assignment and Transfer of Right-of-Way Licenses
17. Assignment and Transfer of Contract No. 85-80AP10022.000
18. Assignment and Transfer of "Cooperative Land Management Agreement
Between the United States of America Through the Alaska Power
Administration and the Bureau of Land Management and the State of Alaska
Through the Alaska Division of Parks and Outdoor Recreation for the
Management of Certain Lands in the Upper Eklutna Valley"
19. Assignment and Transfer of Agreement for Public Water Supply and
Energy Generation from Eklutna Lake, Alaska, as Supplemented
20. Quitclaim Deed, Federal Reserved-Water Right Under the Eklutna Project
Act of 1950,64 Stat.382, As Amended, Including State of Alaska Water Rights
Certificate of Appropriation (Amended) ADL 44944
21. Assignment and Transfer of the June 3, 1957, Permit Letter; and Revocable
Permit of Use Dated April 9, 1958; Regarding the Knik River Bridge
22. Assignment of Contract No. DE-SC85-95AP10042
CLOSING AGREEMENT
APPENDIX B
UNCONVEYED INTERESTS
[None at this time.]
CLOSING AGREEMENT
APPENDIX C
1996 EKLUTNA HYDROELECTRIC PROJECT TRANSITION PLAN
and
AGREEMENT FOR EXTENSION OF
1996 EKLUTNA HYDROELECTRIC PROJECT TRANSITION PLAN
Duplicate Original
UNITED STATES
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
EKLUTNA PROJECT, ALASKA
BILL OF SALE
This BILL OF SALE is made this 2nd day of October, 1997, between the UNITED
STATES OF AMERICA, acting by and through the Department of Energy, Alaska Power
Administration, whose address is, 2770 Sherwood Lane, Juneau, AK 99801-8545,
represented by the officer executing this document, pursuant to the Reclamation
Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950,
64 Stat. 382, as amended, the Energy Organization Act of August 4, 1977, 91
Stat. 565, as amended, and the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, as amended, herein referred to as UNITED STATES,
and the Municipality of Anchorage, doing business as Municipal Light and Power,
the Chugach Electric Association, Inc., and the Matanuska Electric Association,
Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose address is,
Eklutna Project, HC 04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good
and valuable consideration, hereby sells, transfers and delivers to the EKLUTNA
PURCHASERS, their successors or assigns, all right, interest, duty and
obligation of the UNITED STATES in the following:
THE ITEMS DESCRIBED IN EXHIBIT A
ALL ITEMS ARE SOLD, TRANSFERRED AND DELIVERED AS IS. THE UNITED
STATES MAKES NO WARRANTY OF ANY KIND ON ANY OF THE ITEMS BEING
SOLD TRANSFERRED OR DELIVERED.
The EKLUTNA PURCHASERS hereby accept all rights, titles, interests, duties and
obligations in the above items. IN WITNESS THEREOF, the parties have executed
this BILL OF SALE as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George J. Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Municipal Attorney
EXHIBIT A
The Eklutna Project Asset List was filed previously.
The Eklutna Project transmission line and all associated appurtenances,
equipment, and facilities are included in this Bill of Sale.
Warranties, if any, which were issued to APA by third parties are conveyed to
the Eklutna Purchasers.
Duplicate original
QUITCLAIM DEED
Palmer Substation
This QUITCLAIM DEED is made this 2nd day of October, 1997, between the UNITED
STATES OF AMERICA, acting by and through the Department of Energy, Alaska Power
Administration, whose address is 2770 Sherwood Lane, Juneau, AK 99801-8545,
represented by the officer executing this document, pursuant to the Reclamation
Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950,
64 Stat. 382, as amended, the Energy Organization Act of August 4, 1977, 91
Stat. 565, as amended, and the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, as amended, herein referred to as the UNITED
STATES, and the Municipality of Anchorage, doing business as Municipal Light and
Power, the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose
address is, Eklutna Project, HC 04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby RELEASES and QUITCLAIMS to the EKLUTNA
PURCHASERS, their successors or assigns, as tenants in common according to their
fractional interests as more particularly set forth herein, all right, title,
and interest of the UNITED STATES, in a portion of the Southeast Quarter of the
Northwest Quarter of Section 4, Township 17 North, Range 2 East, Seward
Meridian, acquired by a Warranty Deed recorded February 16, 1952, in the
official records of Palmer Recording Precinct, Third Judicial District, State of
Alaska, in Book 14 at page 157, and more particularly described as follows:
Beginning at a point which is situate 42.5 feet North 45000' West of center of
Section 4, Township 17 North, Range 2 East, Seward Principal Meridian; thence
due West for a distance of 170 feet; thence due North for a distance of 170
feet; thence due East for a distance of 169.9 feet; thence South O(degree)13'
East for a distance of 170 feet to the point of ending which is the point of
beginning, said parcel of land to contain 0.66 acres.
Together with all equipment and associated facilities.
The right, title and interest of the UNITED STATES hereby released and
quitclaimed to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as tenants
in common to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
IN WITNESS THEREOF, the UNITED STATES has executed this QUITCLAIM DEED as of the
day and year first written above.
UNITED STATES OF AMERICA
Department of Energy
Alaska Power Administration
/s/ Rodney L. Adelman
Rodney L. Adelman
Administrator
ACKNOWLEDGMENT
STATE OF ALASKA )
)
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy.
Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(Seal) My Commission expires: 5/25/2000
Duplicate original
QUITCLAIM DEED
Anchorage Substation
This QUITCLAIM DEED is made this 2nd day of October, 1997, between the UNITED
STATES OF AMERICA, acting by and through the Department of Energy, Alaska Power
Administration, whose address is 2770 Sherwood Lane, Juneau, AK 99801-8545,
represented by the officer executing this document, pursuant to the Reclamation
Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950,
64 Stat. 382, as amended, the Energy Organization Act of August 4, 1977, 91
Stat. 565, as amended, and the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, as amended, herein referred to as the UNITED
STATES, and the Municipality of Anchorage, doing business as Municipal Light and
Power, the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose
address is, Eklutna Project, HC 04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby RELEASES and QUITCLAIMS to the EKLUTNA
PURCHASERS, their successors or assigns, as tenants in common according to their
fractional interests as more particularly set forth herein, all right, title,
and interest of the UNITED STATES, in the following described lands:
Seward Meridian, Alaska
T. 13 ., R. 3 W.,
Sec. 27, NE1/4NE1/4NW1/4
Together with all equipment and associated facilities.
The right, title and interest of the UNITED STATES hereby released and
quitclaimed to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as tenants
in common to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
IN WITNESS THEREOF, the UNITED STATES has executed this QUITCLAIM DEED as of the
day and year first written above.
UNITED STATES OF AMERICA
Department of Energy
Alaska Power Administration
/s/ Rodney L. Adelman
Rodney L. Adelman
Administrator
ACKNOWLEDGMENT
STATE OF ALASKA )
)
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy.
Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(Seal) My Commission expires: 5/25/2000
Duplicate original
QUITCLAIM DEED
Reed Substation
This QUITCLAIM DEED is made this 2nd day of October, 1997, between the UNITED
STATES OF AMERICA, acting by and through the Department of Energy, Alaska Power
Administration, whose address is 2770 Sherwood Lane, Juneau, AK 99801-8545,
represented by the officer executing this document, pursuant to the Reclamation
Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950,
64 Stat. 382, as amended, the Energy Organization Act of August 4, 1977, 91
Stat. 565, as amended, and the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, as amended, herein referred to as the UNITED
STATES, and the Municipality of Anchorage, doing business as Municipal Light and
Power, the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose
address is, Eklutna Project, HC 04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby RELEASES and QUITCLAIMS to the EKLUTNA
PURCHASERS, their successors or assigns, as tenants in common according to their
fractional interests as more particularly set forth herein, all right, title,
and interest of the UNITED STATES, in the following described property within
Section 19, Township 16 North, Range 1 East, Seward Meridian, Alaska: United
States Survey No. 9789. Together with all equipment and associated facilities.
The right, title and interest of the UNITED STATES hereby released and
quitclaimed to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as tenants
in common to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
IN WITNESS THEREOF, the UNITED STATES has executed this QUITCLAIM DEED as of the
day and year first written above.
UNITED STATES OF AMERICA
Department of Energy
Alaska Power Administration
/s/ Rodney L. Adelman
Rodney L. Adelman
Administrator
ACKNOWLEDGMENT
STATE OF ALASKA )
)
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy.
Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(Seal) My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF EASEMENT
Wasilla Radio Relay Site
This ASSIGNMENT AND TRANSFER OF EASEMENT is made this 2nd day of October, 1997,
between the UNITED STATES OF AMERICA, as grantor acting by and through the
Department of Energy, Alaska Power Administration, whose address is 2770
Sherwood Lane, Juneau, AK 99801-8545, represented by the officer executing this
document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388, as
amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the Energy
Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the Alaska
Power Administration Asset Sale and Termination Act, 109 Stat. 557, as amended,
herein referred to as the UNITED STATES, and the Municipality of Anchorage,
doing business as Municipal Light and Power, the Chugach Electric Association,
Inc., and the Matanuska Electric Association, Inc., collectively referred to
herein as EKLUTNA PURCHASERS, GRANTEES, whose address is, Eklutna Project, HC
04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, having acquired a communication
site easement, for mutual benefits and other good and valuable consideration,
hereby grants, assigns, transfers, conveys, and sets over without reservation to
the EKLUTNA PURCHASERS, their successors or assigns, as tenants in common
according to their fractional interests as more particularly set forth herein,
all right, title, and interest of the UNITED STATES in the following described
contract and grant of easement, located in the Palmer Recording District
(formerly Wasilla Recording District), Third Judicial District, State of Alaska:
1. Contract and Grant of Easement dated April 7, 1955, from Ila
Senske and W.M. Senske, recorded April 19, 1955, in book 11,
page 252, Wasilla Recording District.
Together with all right, title and interest to the associated radio and
communication facilities.
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
ACKNOWLEDGMENT
STATE OF ALASKA )
)
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
The right, title and interest in and to all easement rights of the UNITED STATES
hereby granted to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as
tenants in common to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a Municipal Light and Power 16/30 Chugach
Electric Association, Inc. 9/30 Matanuska Electric Association, Inc. 5/30 The
EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF EASEMENT. IN
WITNESS THEREOF, the said parties-have executed this ASSIGNMENT AND TRANSFER OF
EASEMENT as of the day and year first written above.
Acceptance:
Municipality of Anchorage
dba Municipal Light and Power
/s/ George J. Vakalis for
Larry D. Crawford
Municipal Manager
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
United States of America
Department of Energy
Alaska Power Administration
/s/ Rodney L. Adelman
Rodney L. Adelman
Administrator
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF EASEMENT
Eklutna Project Transmission Line (Palmer Recording District)
This ASSIGNMENT AND TRANSFER OF EASEMENT is made this 2nd day of October, 1997,
between the UNITED STATES OF AMERICA, as grantor acting by and through the
Department of Energy, Alaska Power Administration, whose address is 2770
Sherwood Lane, Juneau, AK 99801-8545, represented by the officer executing this
document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388, as
amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the Energy
Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the Alaska
Power Administration Asset Sale and Termination Act, 109 Stat. 557, as amended,
herein referred to as UNITED STATES, and the Municipality of Anchorage, doing
business as Municipal Light and Power, the Chugach Electric Association, Inc.,
and the Matanuska Electric Association, Inc., GRANTEES, collectively referred to
herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC 04, Box
7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, having acquired transmission line easements
from various land owners, for mutual benefits and other good and valuable
consideration, hereby grants, assigns, transfers, conveys, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors or assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein, all right, title, and interest of the UNITED STATES in the following
described contracts and grants of easements, located in the Palmer Recording
District, Third Judicial District, State of Alaska:
100 Foot Right-of-Way
1. Contract and Grant of Easement dated January 29, 1954, from John L.
Cope, et ux., et al., recorded April 14, 1954, in book 17, pg. 201.
(within E1/2SW1/4 Section 4, T 17N, R 2E)
2. Contract and Grant of Easement dated August 6, 1953, from L.C. Stock,
et ux., recorded September 16, 1953, in book 16, pg. 98. (within
W1/2NE1/4 and NE1/4NW1/4 Section 9, T 17N, R 2E)
3. Contract and Grant of Easement dated April 27, 1953, from Robert
Anderson, et ux., recorded August 4, 1953, in book 16, pg. 9. (within
SE1/4NW1/4 Section 9, T 17N, R 2E)
4. Contract and Grant of Easement dated August 6, 1953, from Carl R.
Rasmussen, et ux., recorded September 16, 1953, in book 16, pg. 96.
(within NW1/4SE1/4 Section 9, T 17N, R 2E)
5. Contract and Grant of Easement dated November 300, 1951, from Clem H.
Watkinson, recorded May 12, 1953, in book 15, pg. 113. (within
NE1/4SW1/4 Section 9, T 17N, R 2E)
6. Contract and Grant of Easement dated October 22,, 1952, from Herbert
Caulkins, et ux., recorded March 16, 1953, in book 14, pg. 235. (within
SE1/4SW1/4 Section 9, T 17N, R 2E)
7. Contract and Grant of Easement dated October 25, 1951, from Ernest H.
Harrington, recorded March 16, 1953, in book 14, pg. 233. (within
SW1/4SE1/4 Section 9; NE1/4NW1/4 and NW1/4NE1/4 Section l6, T 17N, R
2E)
8. Contract and Grant of Easement dated October 29, 1951, from Alba S.
Brooks, et ux., recorded March 16, 1953, in book 14, pg. 231. (within
SW1/4NE1/4 and SE1/4NW1/4 Section 16, T 17N, R 2E)
9. Contract and Grant of Easement dated October 12, 1951, from Chester C.
Liebing, et ux., recorded March 16, 1953, in book 14, pg. 229. (within
NW1/4SE1/4 and NE1/4SW1/4 Section 16, T 17N, R 2E)
10. Contract and Grant of Easement dated March 26, 1953, from Robert
Vanderhoff, recorded September 22, 1953, in book 16, pg. 103. (within
Lot 2, and SW1/4SW1/4 and NE1/4SW1/4 Section 21, T 17N, R 2E)
75 Foot Right-of-Way
11. Contract and Grant of Easement dated April 12, 1995, from Doyle R.
McCombs, et ux., recorded May 2, 1995, in book 0803, pg. 413. (within
Lot 2 and 3 in the S1/2 Section 21, T 17N, R 2E)
12. Contract and Grant of Easement dated March 14, 1996, from James A.
Witt, et ux., recorded May 2, 1996, in book 0846, pg. 473. (within
Tract B of Lot 2 in the SE1/4 Section 21, T 17N, R 2E)
13. Contract and Grant of Easement dated October 9, 1957, from Robert V.
Vanderhoff, recorded March 13, 1958, in book 25, pg. 200. (within Lot 2
and 3 in Section 21, T 17N, R 2E)
14. Contract and Grant of Easement dated October 10, 1957, from Victor G.
Falk, Jr., et ux.,
recorded January 31, 1958, in book 25, pg. 79. (within NW1/4SW1/4
Section 22; and NE1/4SE1/4 Section 21, T 17N, R 2E)
15. Contract and Grant of Easement dated October 9, 1957, from Victor G.
Falk, et ux., recorded January 31, 1958, in book 25, pg. 73. (within
NW1/4SW1/4 Section 22; and NE1/4SE1/4 Section 21, T 17N, R 2E)
16. Contract and Grant of Easement dated December 11 1957, from Lauren F.
Smith, et al, recorded December 11, 1957, in book 24, pg. 306. (within
SE1/4SW1/4 Section 22, T 17N, R 2E)
17. Contract and Grant of Easement dated December 11, 1957, from Paul W.
Nelson, et ux., recorded December 12, 1957, in book 24, pg. 317.
(within NW1/4NE1/4 Section 27; and SW1/4SE1/4 Section 22, T 17N, R 2E)
18. Contract and Grant of Easement dated October 9, 1957, from Leonard
Williams, et ux., recorded January 31, 1958, in book 25, pg. 67.
(within NW1/4NE1/4 Section 27; and SW1/4SE1/4 Section 22, T 17N, R 2E)
19. Contract and Grant of Easement dated October 14, 1957, from Ronald J.
Heddles, et ux., recorded January 31, 1958, in book 25, pg. 55. (within
SW1/4NE1/4 Section 27, T 17N, R 2E)
20. Contract and Grant of Easement dated October 9, 1957, from John P.
King, et ux., recorded January 31, 1958, in book 25, pg. 61. (within
W1/2SE1/4 Section 27, T 17N, R 2E)
21. Contract and Grant of Easement dated October 9, 1957, from Paul W.
Nelson, et ux., recorded February 19, 1958, in book 25, pg. 138.
(within NW1/4SE1/4 and SW1/4NE1/4 and NW1/4NE1/4 Section 34, T 17N, R
2E)
22. Contract and Grant of Easement dated October 9, 1957, from Robert L.
Burnham, et ux., recorded January 31, 1958, in book 25, pg. 49. (within
SW1/4SE1/4 Section 34, T 17N, R 2E)
23. Contract and Grant of Easement dated October 10, 1957, from Francis S.
Lee, recorded November 26, 1958, in book 27, pg. 42. (within Lot 1 and
2 in Section 3, T 16N, R 2E)
24. Judgment on Declaration of Taking filed December 5, 1957, from Russell
Dow, et al., recorded December 4, 1959, in book Misc., pg. 112. (within
Lot 2, 7, and 8 in Section 2, T 16N, R 2E)
Together with the transmission line and associated facilities.
30 Foot Wide Access Easements
25. Contract and Grant of Easement dated September 17, 1996, from James A.
Witt, et ux., recorded October 21, 1996, in book 0869, pg. 861. (within
Lot 2, Block 1 Circle View Subdivision, Addition 3 in Section 21, T
17N, R 2E)
26. Contract and Grant of Easement dated January 29, 1997, from Noel W.
Woods and Carr-Gottstein Associates, recorded March 11, 1997, in book
0885, pg. 240. (within
SW1/4NE1/4 Section 16, T 17N, R 2E)
The right, title and interest in and to all easement rights of the UNITED STATES
hereby granted to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as
tenants in common to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF
EASEMENT.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
EASEMENT as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of
October, 1997, by Rodney L. Adelman, Administrator, Alaska Power Administration,
United States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF EASEMENT
Eklutna Project Transmission Line (Anchorage Recording District)
This ASSIGNMENT AND TRANSFER OF EASEMENT is made this 2nd day of
October, 1997, between the UNITED STATES OF AMERICA, as grantor acting by and
through the Department of Energy, Alaska Power Administration, whose address is
2770 Sherwood Lane, Juneau, AK 99801-8545, represented by the officer executing
this document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388,
as amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the
Energy Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the
Alaska Power Administration Asset Sale and Termination Act, 109 Stat. 557, as
amended, herein referred to as UNITED STATES, and the Municipality of Anchorage,
doing business as Municipal Light and Power, the Chugach Electric Association,
Inc., and the Matanuska Electric Association, Inc., GRANTEES, collectively
referred to herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC
04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, having acquired transmission line easements
from various land owners, for mutual benefits and other good and valuable
consideration, hereby grants, assigns, transfers, conveys, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors or assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein, all right, title, and interest of the UNITED STATES in the following
described contracts and grants of easements, located in the Anchorage Recording
District, Third Judicial District, State of Alaska:
75 Foot Right-of-Way
1. Contract and Grant of Easement dated April 17, 1952, from B.O. Rhodes, et
al., recorded November 5, 1953, in vol. 98, pg. 161. (within NE1/4 Section
27, T 13N, R 3W)
2. Contract and Grant of Easement dated April 17, 1952, from Paul R. Boniface,
et ux., recorded November 5, 1953, in vol. 98, pg. 171. (within N1/2NW1/4
Section 26, T 13N, R 3W)
3. Contract and Grant of Easement dated April 24, 1952, from Harold I. Moline,
et al., recorded November 5, 1953, in vol. 98, pg. 166. (within N1/2NE1/4
Section 26, T 13N, R 3W)
4. Contract and Grant of Easement dated April 24, 1952, from Arnold L.
Muldoon, recorded September 30, 1953, in book 97, pg. 9. (within NW1/4
Section 25, T 13N, R 3W)
5. Contract and Grant of Easement dated April 24, 1952, from K.D. Bradley, et
ux., recorded September 9, 1953, in vol. 97, pg. 43. (within NE1/4 Section
25, T 13N, R 3W)
6. Contract and Grant of Easement dated October 7, 1953, from Svend A.
Bragstad, et ux., recorded November 12, 1953, in vol. 98, pg. 246. (within
government lot 4 and 5 in the SE1/4 Section 25; and within government lot 2
in Section 36, T 15N, R 2W)
7. Contract and Grant of Easement dated September 25, 1968, from State of
Alaska, Department of Highways, recorded October 11, 1968, in Misc. Book
166, pg. 318. (within Blocks 3, 4, and 5 of Lake Ridge Terrace Subdivision,
Sections 25 and 36; and Lots 137, 138, 139, 145, 146, and 147, Section 25,
T 15N, R 2W)
8. Contract and Grant of Easement dated September 25, 1968, from State of
Alaska, Department of Highways, recorded October 11, 1968, in Misc. Book
166, pg. 324. (within N1/2 Section 17, T 15N, R 2W)
9. Contract and Grant of Easement dated October 7, 1953, from Russell H.
Oberg, et ux., recorded November 23, 1953, in vol. 99, pg. 71. (within
SW1/4SE1/4 Section 4; and NW1/4NE1/4 Section 9, T 15N, R 1W)
10. Contract and Grant of Easement dated August 24, 1953, from Edward J.
Goettlicher, recorded October 20, 1953, in vol. 98, pg. 57. (within
SW1/4NE1/4 and NW1/4SE1/4 Section 4, T 15N, R 1W)
11. Contract and Grant of Easement dated June 18, 1953, from William E. Ramsey,
et ux., recorded October 20, 1953, in vol. 98, pg. 52. (within government
lot 4 in the NW1/4 Section 3; and within SE1/4NE1/4 and NE1/4SE1/4 Section
4, T 15N, R 1W)
12. Contract and Grant of Easement dated August 9, 1953, from Robert H.
Stewart, et ux., recorded November 12, 1953, in vol. 98, pg. 241. (within
government lot 3 in the NW1/4 Section 3, T 15N, R 1W)
13. Contract and Grant of Easement dated September 24, 1957, from Henry W.
Cuffel, et ux., recorded September 30, 1957, in book E3, pg. 56. (within
U.S. Survey 2491 Section 2, T 16N, R 2E)
Together with the transmission line and associated facilities.
The right, title and interest in and to all easement rights of the UNITED STATES
hereby granted to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as
tenants in common to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF
EASEMENT.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
EASEMENT as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF RESERVED EASEMENT
Eklutna Project Transmission Line (Palmer Recording District)
This ASSIGNMENT AND TRANSFER OF EASEMENT is made this 2nd day of October, 1997,
between the UNITED STATES OF AMERICA, as grantor acting by and through the
Department of Energy, Alaska Power Administration, whose address is 2770
Sherwood Lane, Juneau, AK 99801-8545, represented by the officer executing this
document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388, as
amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the Energy
Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the Alaska
Power Administration Asset Sale and Termination Act, 109 Stat. 557, as amended,
herein referred to as UNITED STATES, and the Municipality of Anchorage, doing
business as Municipal Light and Power, the Chugach Electric Association, Inc.,
and the Matanuska Electric Association, Inc., GRANTEES, collectively referred to
herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC 04, Box
7785, Palmer, AK 99645.
WHEREAS, the UNITED STATES has constructed, operated and maintained the
Eklutna Hydroelectric Project ("Eklutna Project") and the Eklutna Project 115-kv
Transmission Line as a part thereof, under the authority of the Eklutna Project
Act of 1950, 64 Stat. 382, as amended, (I) to encourage and promote economic
development; (ii) to foster the establishment of essential industries; and (iii)
to further the self- sufficiency of national defense.
WHEREAS, through the construction and operation of the Eklutna Project
115-kv Transmission Line the UNITED STATES appropriated and reserved rights to
construct, operate, and maintain the transmission line and appurtenant access
routes across and through the lands which were, at the time of construction,
federal lands. The UNITED STATES subsequently conveyed certain of such lands by
patent, subject to valid existing rights. These valid existing rights include
the rights transferred herein.
WHEREAS, the UNITED STATES' rights to construct, operate and maintain
the Eklutna Project 115-kv transmission line and appurtenant access routes
across the subject lands were reserved and excepted as easements from the patent
conveyances.
WHEREAS, at the inception of the project, Congress intended eventually
to transfer the Eklutna Project to local public control in Alaska, pursuant to
the Eklutna Project Act of 1950, 64 Stat. 382, as amended.
WHEREAS, after transfer to the Eklutna Purchasers, the Eklutna Project
will continue to serve the public purposes for which the UNITED STATES
constructed the project.
WHEREAS, pursuant to the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, the UNITED STATES, acting by and through the
Secretary of Energy, is authorized and directed to transfer its facilities and
easement rights to the EKLUTNA PURCHASERS.
NOW THEREFORE,the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby assigns, transfers, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors and assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein, all right, title, and interest in and to all easement rights of the
Alaska Power Administration which easement reserved to the UNITED STATES, to
construct, operate, and maintain an electric transmission line, and associated
facilities within a 75 foot wide right-of-way, including the rights necessary to
operate and maintain guy wires and anchors that extend beyond 37.5 feet from the
transmission line centerline, together with associated access routes, across the
following described lands:
Township 16 North, Range 2 East, Seward Meridian, Alaska
Section 2: Lots 3 and 4.
(patent 1198534)
Township 17 North, Range 2 East, Seward Meridian, Alaska Section 16: That
portion of the S1/2 within the Matanuska River. Section 21: That portion of the
N1/2 within the Matanuska River.
Together with the transmission line and associated facilities. The right, title,
and interest in and to all easement rights of the UNITED STATES hereby granted
to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as tenants in common
to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF
EASEMENT RIGHTS.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
EASEMENT as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF RESERVED EASEMENT
Eklutna Project Transmission Line (Anchorage Recording District)
This ASSIGNMENT AND TRANSFER OF EASEMENT is made this 2nd day of October, 1997,
between the UNITED STATES OF AMERICA, as grantor acting by and through the
Department of Energy, Alaska Power Administration, whose address is 2770
Sherwood Lane, Juneau, AK 99801-8545, represented by the officer executing this
document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388, as
amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the Energy
Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the Alaska
Power Administration Asset Sale and Termination Act, 109 Stat. 557, as amended,
herein referred to as UNITED STATES, and the Municipality of Anchorage, doing
business as Municipal Light and Power, the Chugach Electric Association, Inc.,
and the Matanuska Electric Association, Inc., GRANTEES, collectively referred to
herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC 04, Box
7785, Palmer, AK 99645.
WHEREAS, the UNITED STATES has constructed, operated and maintained the
Eklutna Hydroelectric Project ("Eklutna Project") and the Eklutna Project 115-kv
Transmission Line as a part thereof, under the authority of the Eklutna Project
Act of 1950, 64 Stat. 382, as amended, (I) to encourage and promote economic
development; (ii) to foster the establishment of essential industries; and (iii)
to further the self- sufficiency of national defense.
WHEREAS, through the construction and operation of the Eklutna Project
115-kv Transmission Line the UNITED STATES appropriated and reserved rights to
construct, operate, and maintain the transmission line and appurtenant access
roads across and through the lands which were, at the time of construction,
federal lands. The UNITED STATES subsequently conveyed certain of such lands by
patent, subject to valid existing rights. These valid existing rights include
the rights transferred herein.
WHEREAS, the UNITED STATES' rights to construct, operate and maintain
the Eklutna Project 115-kv transmission line and appurtenant access routes
across the subject lands were reserved and excepted as easements from the patent
conveyances.
WHEREAS, at the inception of the project, Congress intended eventually
to transfer the Eklutna Project to local public control in Alaska, pursuant to
the Eklutna Project Act of 1950, 64 Stat. 382, as amended.
WHEREAS, after transfer to the Eklutna Purchasers, the Eklutna Project
will continue to serve the public purposes for which the UNITED STATES
constructed the project.
WHEREAS, pursuant to the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, the UNITED STATES, acting by and through the
Secretary of Energy, is authorized and directed to transfer its facilities and
easement rights to the EKLUTNA PURCHASERS.
NOW THEREFORE, the UNITED STATES, for mutual benefits and other good
and valuable consideration, hereby assigns, transfers, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors and assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein, all right, title, and interest in and to all easement rights of the
Alaska Power Administration which easement reserved to the UNITED STATES, to
construct, operate, and maintain an electric transmission line, and associated
facilities within a 75 foot wide right-of-way between the Eklutna Power Plant
and the Anchorage Substation, and a 100 foot right-of-way between the Eklutna
Power Plant and the Knik River, including the rights necessary to operate and
maintain guy wires and anchors that extend beyond 37.5 feet from the
transmission line centerline, together with associated access routes, across the
following described lands:
75 Foot Right-of -Way
Township 15 North, Range 2 West, Seward Meridian, Alaska
Section 25: Lots 118, 119, 120, 132, 133, 136, 137, 138, 147 and 148. (patents
50-65-0218, 1227812, 1227522, 1226892, 1234769, & 1223808)
Township 15 North, Range 1 West, Seward Meridian, Alaska
Section 30: Lots 44 and 54; E1/2W1/2NW1/4, E1/2NW1/4;
(patent 50-79-0015)
Section 19: S1/2NE1/4, SW1/4SE1/4, N1/2SE1/4;
(patent 50-79-0015)
Section 20: Lot 4; NW1/4NW1/4, W1/2SW1/4NW1/4;
(patent 50-79-0015)
Section 17: N1/2, SW1/4NW1/4SE1/4, N1/2NW1/4SE1/4, N1/2SW1/4SE1/4, N1/4SW1/4;
(patent 50-79-0015)
Township 15 North, Range 1 West, Seward Meridian, Alaska
Section 8: Lot 185 and 216;
(patents 50-79-0015, and 1227503)
Section 9: S1/4SW1/4SW1/4; Lot 38, 39, 53, 54, 60, 72, 73, 85, 86, 95, 106, 107,
113, 114, 123, 124, 128, 129, 140, 142 and 143. (patents 50-79-0015, 1167063,
1228996, 1230948, 1220415, 1222725, 1220905, 1167119, 1206697, 1223819, 1226356,
1226423, 1220899, 1223815, 1227011, and 1219272)
Township 16 North, Range 1 West, Seward Meridian, Alaska
Section 35: N1/2N1/2, S1/2NW1/4;
(patent 50-64-0101)
Section 25: N1/2SE1/4, NE1/4.
(patent 50-74-0164)
Township 16 North, Range 1 East, Seward Meridian, Alaska
Section 30: Lot 2; E1/2W1/2..
(patent 50-74-0164)
Township 16 North, Range 2 East, Seward Meridian, Alaska
Section 2: that portion of the E1/2E1/2 within the Knik River.
100 Foot Right-of-Way
Township 16 North, Range 2 East, Seward Meridian, Alaska
Section 17: E1/2, excluding patented U.S. Survey 3234 and A-016300; (MHA 059775)
Section 16: All, excluding A-016300, patented U.S. Surveys 3240, 3239, and 3561;
(MHA 059775)
Section 9: All, excluding PLO 1394, patented U.S. Surveys 3234, 3242, 3164,
3235, 2866, 3236, 3160, 3076, 2942, 3070, 3077, 3240, 3239, and 3561, Lots 3, 4,
and 5 and patented Lots 1 and 2 of U.S. Survey 3568, and A-016300; (MHA 059775)
Section 10: All, excluding patented U.S. Surveys 3236, 3238, 3237 and 3363, Lots
4 and 5 of U.S. Survey 3568, A046426, A-054847 and A-058948; (MHA 059775)
Section 11: All, excluding patented U.S. Survey 3363, A-057850 and A-054213;
(MHA 059775)
Section 2: All unsurveyed portion, excluding patented U.S. Survey 2491 and
A054213; (MHA 059775)
Together with the transmission line and associated facilities.
The right, title, and interest in and to all easement rights of the UNITED
STATES hereby granted to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS
as tenants in common to the full extent of the undivided interests set forth
below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF
EASEMENT.
IN WITNESS THEREOF, the UNITED STATES has executed this ASSIGNMENT AND TRANSFER
OF EASEMENT as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
Duplicate original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF EASEMENT USE RIGHTS
Eklutna Project Transmission Line
This ASSIGNMENT AND TRANSFER OF EASEMENT USE RIGHTS is made this 2nd day of
October, 1997, between the UNITED STATES OF AMERICA, as grantor acting by and
through the Department of Energy, Alaska Power Administration, whose address is
2770 Sherwood Lane, Juneau, AK 99801-8545, represented by the officer executing
this document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388,
as amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the
Energy Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the
Alaska Power Administration Asset Sale and Termination Act, 109 Stat. 557, as
amended, herein referred to as UNITED STATES, and the Municipality of Anchorage,
doing business as Municipal Light and Power, the Chugach Electric Association,
Inc., and the Matanuska Electric Association, Inc., GRANTEES, collectively
referred to herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC
04, Box 7785, Palmer, AK 99645.
WHEREAS, the UNITED STATES has constructed, operated and maintained the
Eklutna Hydroelectric Project ("Eklutna Project") and the Eklutna Project 115-kv
Transmission Line as a part thereof, under the authority of the Eklutna Project
Act of 1950, 64 Stat. 382, as amended, (I) to encourage and promote economic
development; (ii) to foster the establishment of essential industries; and (iii)
to further the self- sufficiency of national defense.
WHEREAS, through the construction and operation of the Eklutna Project
115-kv Transmission Line the UNITED STATES appropriated and reserved the rights
to construct, operate, and maintain the transmission line and appurtenant access
routes across and through the lands which were, at the time of construction,
federal lands. The UNITED STATES subsequently conveyed certain of such lands to
Eklutna, Inc. pursuant to the Alaska Native Claims Settlement Act of December
18, 1971 as amended,
43 U.S.C. ss. 1601 et seq. ("ANCSA"), subject to valid existing rights. These
valid existing rights include the rights transferred herein.
WHEREAS, the UNITED STATES' rights to construct, operate and maintain
the Eklutna Project 115-kv transmission line and appurtenant access routes
across the subject lands were reserved and excepted as easements from the
conveyance to Eklutna, Inc., pursuant to Section 17(b) of ANCSA, 43 U.S.C. ss.
1616(b).
WHEREAS, at the inception of the Eklutna Project, Congress intended
eventually to transfer the Eklutna Project to local public control in Alaska,
pursuant to the Eklutna Project Act of 1950, 64 Stat. 382, as amended.
WHEREAS, after transfer to the Eklutna Purchasers, the Eklutna Project
will continue to serve the public purposes for which the UNITED STATES
constructed the project.
WHEREAS, pursuant to the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, the UNITED STATES, acting by and through the
Secretary of Energy, is authorized and directed to transfer its facilities and
its use rights to the Section 17(b) easements to the EKLUTNA PURCHASERS, such
easements to continue to be administered by the Department of Interior, Bureau
of Land Management in accordance with their terms.
NOW THEREFORE, the UNITED STATES, for mutual benefits and other good
and valuable consideration, hereby assigns, transfers, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors and assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein, all right, title, and interest in and to all easement use rights of the
Alaska Power Administration which use reserved to the UNITED STATES, pursuant to
Section 17(b) of ANCSA, to construct, operate, and maintain an electric
transmission line, and associated facilities within a 75 foot wide right-of-way,
including the rights necessary to operate and maintain guy wires and anchors
that
extend beyond 37.5 feet from the transmission line centerline, together with
associated access routes, across the following described lands:
Township 14 North, Range 2 West, Seward Meridian, Alaska
Section 2: Lot 2.
(BLM EIN 56 C4, Patent No. 50-79-0657)
Township 15 North, Range 2 West, Seward Meridian, Alaska Tract 40 (within
Sections 35 and 36).
(BLM EIN 56 C4, Patent No. 50-93-0601)
(Township) 15 North. Range 1 West, Seward Meridian, Alaska
Section 19: E1/2SW1/4.
(BLM EIN 56 C4, Patent No. 50-93-0601)
Township 16 North, Range 1 West, Seward Meridian, Alaska
Section 34: SE1/4, SW1/4, NE1/4;
(BLM EIN 56 C4, Patent No. 50-93-0601)
Section 26: Lot 11, S1/2SE1/4;
(BLM EIN 56 C4, Patent No. 50-93-0601)
Section 25: SW1/4.
(BLM EIN 56 C4, Patent No. 50-93-0601)
Township 16 North, Range 1 East, Seward Meridian, Alas-ka
Section 30: N1/2NE1/4;
(BLM EIN 56 C4 and EIN 66 C8, Patent No. 50-86-0356)
Section 19: W1/2SW1/4SE1/4, SE1/4W1/4SE1/4, SW1/4SE1/4SE1/4, E1/2SE1/4SE1/4,
SE1/4NE1/4SE1/4; (BLM EIN 56 C4, EIN 56a C4, EIN 56b C4, EIN 66 C8 and EIN 67
C8, Patent No. 50-86-0356)
Section 19: SW1/4NE1/4SE1/4, SE1/4NW1/4SE1/4, NE1/4SW1/4SE1/4, NW1/4SE1/4SE1/4;
(BLM EIN 56 C4, EIN 56a C4, EIN 56b C4, EIN 66 C8 and EIN 67 C8, Interim
Conveyance No. 1211)
Section 20: S1/2;
(BLM EIN 56 C4 and EIN 66 C8, Patent No. 50-93-0563)
Section 20: S1/2NE1/4;
(BLM EIN 56 C4 and EIN 66 C8, Interim Conveyance No. 1512)
Section 21: S1/2E1/4;
(BLM EIN 56 C4 and EIN 66 C8, Patent No. 50-93-0563)
Section 21: NW1/4, N1/2NE1/4;
(BLM EIN 56 C4 and EIN 66 C8, Interim Conveyance No. 1512)
Section 22: NE1/4, NE1/4NW1/4;
(BLM EIN 56 C4 and EIN 66 CB, Patent No. 50-93-0563)
Section 22: NW1/4NW1/4;
(BLM EIN 56 C4 and EIN 66 CB, Interim Conveyance No. 1512)
Section 23: N1/2
(BLM EIN 56 C4 and EIN 66 CB, Patent No. 50-93-0563)
Section 24: N1/2;
(BLM EIN 56 C4 and EIN 66 CB, Patent No. 50-93-0563)
Section 13: S1/2S1/2.
(BLM EIN 56 C4 and EIN 66 CB, Patent No. 50-93-0601)
Township 16 North, Range 2 East, Seward Meridian, Alaska
Section 18: Lot 16;
(BLM EIN 56 C4 and EIN 66 CB, Patent No. 50-93-0601)
Section 17: NW1/4, E1/2NW1/4SW1/4, E1/2SW1/4.
(BLM EIN 64 C4, Patent No. 50-86-0636)
Together with the transmission line and associated facilities.
The right, title, and interest in and to all easement use rights of the Alaska
Power Administration, which use was reserved to the UNITED STATES pursuant to
Section 17(b) of ANCSA, is hereby granted to the EKLUTNA PURCHASERS and vests in
the EKLUTNA PURCHASERS as tenants in common to the full extent of the undivided
interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF EASEMENT USE
RIGHTS.
IN WITNESS WHEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
EASEMENT USE RIGHTS as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF EASEMENT USE RIGHTS Eklutna Lake to Eklutna Power
Plant Aqueduct
This ASSIGNMENT AND TRANSFER OF EASEMENT USE RIGHTS is made this 2nd day of
October, 1997, between the UNITED STATES OF AMERICA, as grantor acting by and
through the Department of Energy, Alaska Power Administration, whose address is
2770 Sherwood Lane, Juneau, AK 99801-8545, represented by the officer executing
this document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388,
as amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the
Energy Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the
Alaska Power Administration Asset Sale and Termination Act, 109 Stat. 557, as
amended, herein referred to as UNITED STATES, and the Municipality of Anchorage,
doing business as Municipal Light and Power, the Chugach Electric Association,
Inc., and the Matanuska Electric Association, Inc., GRANTEES, collectively
referred to herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC
04, Box 7785, Palmer, AK 99645.
WHEREAS, the UNITED STATES has constructed, operated and maintained the
Eklutna Hydroelectric Project ("Eklutna Project") and the Eklutna Lake to
Eklutna Power Plant Aqueduct as a part thereof, under the authority of the
Eklutna Project Act of 1950, 64 Stat. 382, as amended, (I) to encourage and
promote economic development; (ii) to foster the establishment of essential
industries; and (iii) to further the self- sufficiency of national defense.
WHEREAS, through the construction and operation of the Eklutna Lake to
Eklutna Power Plant Aqueduct the UNITED STATES appropriated and reserved the
rights to construct, operate, and maintain the tunnel aqueduct and appurtenant
access routes across and through lands which were, at the time of construction,
withdrawn from entry or disposition under the public land laws. The UNITED
STATES subsequently conveyed certain of such lands to Eklutna, Inc. pursuant to
the Alaska Native Claims Settlement Act of December 18, 1971 as amended, 43
U.S.C. ss. 1601
et seq. ("ANCSA"), subject to valid existing rights. These valid existing rights
include the rights transferred herein.
WHEREAS, the UNITED STATES' rights to construct, operate and maintain
the tunnel aqueduct and appurtenant access routes across the subject lands were
reserved and excepted as easements from the conveyance to Eklutna, Inc., as 100
foot wide easements pursuant to Section 17(b) of ANCSA, 43 U.S.C. ss. 1616(b).
WHEREAS, at the inception of the Eklutna Project, Congress intended
eventually to transfer the Eklutna Project to local public control in Alaska,
pursuant to the Eklutna Project Act of 1950, 64 Stat. 382, as amended.
WHEREAS, after transfer to the Eklutna Purchasers, the Eklutna Project
will continue to serve the public purposes for which the UNITED STATES
constructed the project.
WHEREAS, pursuant to the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, the UNITED STATES, acting by and through the
Secretary of Energy, is authorized and directed to transfer its facilities and
its use rights to the Section 17(b) easements to the EKLUTNA PURCHASERS, such
easements to continue to be administered by the Department of Interior, Bureau
of Land Management in accordance with their terms.
NOW THEREFORE, the UNITED STATES, for mutual benefits and other good
and valuable consideration, hereby assigns, transfers, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors and assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein, all right, title, and interest in and to all easement use rights of the
Alaska Power Administration which use reserved to the UNITED STATES, pursuant to
Section 17(b) of ANCSA, to construct, operate, and maintain an aqueduct tunnel
and associated
facilities within a 100 foot wide right-of-way, together with associated access
routes, across the following described lands:
Township 6 North, Range 2 East, Seward Meridian, Alaska
Section 20: W1/2.
(BLM EIN 65 C4, patent No. 50-86-0636)
Township 15 North, Range 2 East, Seward Meridian, Alaska
Section 5: Lot 2; S1/2N1/2, S1/2.
(BLM EIN 65 C4, patent No. 50-86-0636)
Section 8: Lot 12; NW1/4NW1/4.
(BLM EIN 65 C4, patent No. 50-86-0636)
Together with the aqueduct tunnel and associated facilities.
The right, title, and interest in and to all easement use rights of the Alaska
Power Administration, which use was reserved to the UNITED STATES pursuant to
Section 17(b) of ANCSA, is hereby granted to the EKLUTNA PURCHASERS and vests in
the EKLUTNA PURCHASERS as tenants in common to the full extent of the undivided
interests set forth below: Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF EASEMENT USE
RIGHTS.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
EASEMENT USE RIGHTS as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER
OF FLOWAGE, FLOODING, AND RESERVOIR EASEMENT
EKLUTNA HYDROELECTRIC PROJECT
EKLUTNA LAKE, ALASKA
This ASSIGNMENT AND TRANSFER OF FLOWAGE, FLOODING AND RESERVOIR EASEMENT is made
this 2nd day of October, 1997, between the UNITED STATES OF AMERICA, as grantor
acting by and through the Department of Energy, Alaska Power Administration,
whose address is 2770 Sherwood Lane, Juneau, AK 99801-8545, represented by the
officer executing this document, pursuant to the Reclamation Act of June 17,
1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950, 64 Stat. 382,
as amended, the Energy Organization Act of August 4, 1977, 911 Stat. 565, as
amended, and the Alaska Power Administration Asset Sale and Termination Act, 109
Stat. 557, as amended, herein referred to as UNITED STATES, and the Municipality
of Anchorage, doing business as Municipal Light and Power, the Chugach Electric
Association, Inc., and the Matanuska Electric Association, Inc., GRANTEES,
collectively referred to herein as EKLUTNA PURCHASERS, whose address is, Eklutna
Project, HC 04, Box 7785, Palmer, AK 99645.
WHEREAS, the UNITED STATES has constructed, operated and maintained the
Eklutna Hydroelectric Project ("Eklutna Project") and the Eklutna Project 115-kv
Transmission Line as a part thereof, under the authority of the Eklutna Project
Act of 1950, 64 Stat. 382, as amended, (I) to encourage and promote economic
development; (ii) to foster the establishment of essential industries; and (iii)
to further the self- sufficiency of national defense.
WHEREAS, the UNITED STATES reserved public lands and waters sufficient
to support the Eklutna Project, specifically the Eklutna Project Act of 1950, 64
Stat. 382, as amended, Public Land Order (PLO) 4022 dated May 20, 1966 (for
lands and waters in and adjacent to Eklutna Lake) and Section 24 of the Federal
Power Act (FPA) of June 10, 1928, 41
Stat. 1075, providing for the rights to operate and maintain a flowage, flooding
and reservoir easement. Portions of the lands upland of the Eklutna Lake mean
high water mark have subsequently been conveyed by the UNITED STATES to Eklutna,
Inc., pursuant to the Alaska Native Claims Settlement Act of December 18, 1971,
as amended, 43 U.S.C. ss. 1601 et seq., subject to valid existing rights. The
UNITED STATES has prior existing valid rights to the existing flowage, flooding
and reservoir easement to ensure the safe operation of the Eklutna Project as
provided in the Eklutna Project Act of 1950, 64 Stat. 382, as amended, PLO 4022
and Section 24 of the FPA.
WHEREAS, at the inception of the Eklutna Project, Congress intended
eventually to transfer the Eklutna Project to local public control in Alaska,
pursuant to the Eklutna Project Act of 1950, 64 Stat. 382, as amended.
WHEREAS, after transfer to the Eklutna Purchasers, the Eklutna Project
will continue to serve the public purposes for which the UNITED STATES
constructed the project.
WHEREAS, pursuant to the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, the UNITED STATES, acting by and through the
Secretary of Energy, is authorized and directed to transfer its facilities and
its real property interests to the EKLUTNA PURCHASERS.
NOW THEREFORE, the UNITED STATES, for mutual benefits and other good and
valuable considerations, hereby assigns, transfers, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors and assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein, all right, title, and interest of the UNITED STATES in an existing
flowage, flooding and reservoir easement. The flowage and flooding easement is
within the following described lands:
T. 15 N., R. 2 E., Seward Meridian, Alaska
Section 8: Portion of Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 13. (Patent
50-86-0636; and PLO 589 and 4022)
Section 9: Portion of Lots 1 through 6, inclusive. (Patent 50-86-0636; Interim
Conveyance 1573)
Section 10: Portion of Lots 1, and 2; (Interim Conveyance 1573)
Section 14: Portion of Lots 1, and 2; (Interim Conveyance 1573)
Section 15: Portion of Lots 1, 2, and 3; (Interim Conveyance 1573)
Section 16: Portion of Lots 1, and 2; (Interim Conveyance 1573)
Section 22: Portion of Lots 1, and 2; (Interim Conveyance 1573)
Section 23: Portion of Lots 1, 2, and 3; (Interim Conveyance 1573)
Section 24: Portion of Lots 1, and 2; (Interim Conveyance 1573)
Section 25: Portion of Lots 1, 2, 3, and 4; (Interim Conveyance 1573)
Section 26: Portion of Lots 1, 2, and 3; (Interim Conveyance 1573)
Section 36: Portion of Lots 1, 2, 3, and 4; (Interim Conveyance 1573)
T. 15 N., R. 3 E., Seward Meridian, Alaska
Section 30: Portion of Lots 1, and 2; (Patent 50-93-0565)
Section 31: Portion of Lots 1, and 2; (Patent 50-93-0565)
T. 14 N., R. 2 E., Seward Meridian. Alaska
Section 1: Portion of N1/2N1/2NE1/4; (Patent 50-93-0565)
Comprising 391.60 acres, more or less.
The reservoir easement is comprised of and underlies that body of water known as
Eklutna Lake.
The right, title, and interest of the UNITED STATES hereby granted to the
EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as tenants in common to the
full extent of the undivided interests set forth below: Municipality of
Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF FLOWAGE,
FLOODING AND RESERVOIR EASEMENT.
IN WITNESS WHEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
FLOWAGE, FLOODING AND RESERVOIR EASEMENT as of the day and year first written
above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF
AMERICA DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF POWER PROJECT FACILITIES
Eklutna Project
This ASSIGNMENT AND TRANSFER OF POWER PROJECT FACILITIES is made this 2nd day of
October, 1997, between the UNITED STATES OF AMERICA, as grantor acting by and
through the Department of Energy, Alaska Power Administration, whose address is
2770 Sherwood Lane, Juneau, AK 99801- 8545, represented by the officer executing
this document, pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388,
as amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the
Energy Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the
Alaska Power Administration Asset Sale and Termination Act, 109 Stat. 557, as
amended, herein referred to as UNITED STATES, and the Municipality of Anchorage,
doing business as Municipal Light and Power, the Chugach Electric Association,
Inc., and the Matanuska Electric Association, Inc., GRANTEES, collectively
referred to herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC
04, Box 7785, Palmer, AK 99645.
WHEREAS, the UNITED STATES has constructed, operated and maintained the
Eklutna Hydroelectric Project ("Eklutna Project") and the Eklutna Project 115-kv
Transmission Line as a part thereof, under the authority of the Eklutna Project
Act of 1950, 64 Stat. 382, as amended, (I) to encourage and promote economic
development; (ii) to foster the establishment of essential industries; and (iii)
to further the self- sufficiency of national defense.
WHEREAS, on September 15, 1997, the Bureau of Land Management issued
Right-of-Way Grant, Serial Number AA-70133, to the UNITED STATES to construct,
operate, maintain and terminate a right-of-way for the Eklutna Hydroelectric
Power Project, including: Eklutna Dam and spillway, Eklutna Lake intake; power
facilities above and underground between Eklutna Lake and the Old Glenn Highway:
power tunnel, gate valve, adit, and surge tank; facilities located near the Old
Glenn Highway;
administrative, maintenance, and support facilities, power house, tailrace,
storage yard, warehouse, garage, and parking area; overhead 115KV electric power
transmission lines to Anchorage and Palmer, including guy wires, anchors, tap
switches, and other power facilities associated with the transmission lines; and
related access roads across lands under the administration of the Bureau of Land
Management.
WHEREAS, it is the intent of the UNITED STATES to assign and transfer
all power facilities and equipment across the lands described in Right-of-Way
Grant, Serial Number AA-70133 to the EKLUTNA PURCHASERS.
NOW THEREFORE, the UNITED STATES, for mutual benefits and other good
and valuable consideration, hereby assigns, transfers, and sets over without
reservation to the EKLUTNA PURCHASERS, their successors and assigns, as tenants
in common according to their fractional interests as more particularly set forth
herein,. all right, title, and interest in the power facilities and equipment
across the lands described in Right-of-Way Grant, Serial Number AA-70133. Said
lands are also described in Exhibit A, attached hereto and made a part hereof.
The right, title, and interest in and to power facilities and equipment of the
Alaska Power Administration is hereby granted to the EKLUTNA PURCHASERS and
vests in the EKLUTNA PURCHASERS as tenants in common to the full extent of the
undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
The EKLUTNA PURCHASERS hereby accept the ASSIGNMENT AND TRANSFER OF POWER
PROJECT FACILITIES.
IN WITNESS WHEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
POWER PROJECT FACILITIES as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by George J. Vakalis, the Acting Municipal Manager of the Municipality of
Anchorage, doing business as Municipal Light and Power, on behalf of said
municipal corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Eugene N. Bjornstad, the General Manager of Chugach Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
CORPORATE ACKNOWLEDGMENT
State of Alaska )
) ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Wayne D. Carmony, the General Manager of Matanuska Electric
Association, Inc., on behalf of said corporation.
/s/ Lee Anne Mackay
Notary Public
(SEAL) My Commission expires: 5/25/2000
EXHIBIT A
Legal Description for Right-of-Way AA-70133
The Eklutna transmission lines and access road are shown on the as-built survey
of the Eklutna Transmission Line, Alaska Power Administration Drawing No.
783-908-449, certified by Mark E. Davis on November 14, 1996. This survey is
referred to below as "the as-built survey". Distances and acreage shown below
are approximate and are based on estimated distances within each section on the
as-built survey. The centerline of the right-of-way follows the transmission
line. It is 75 feet wide except for guy wires and anchors at transmission line
angle points that extend beyond 37.5 feet from the centerline and 30 foot wide
access roads that extend beyond 37.5 feet from the centerline. The power plant
and dam sites are not linear.
Seward Meridian, Alaska
T. 15 N., R. 2 E.. (surveyed)
Sec. 7, E1/2SE1/4NE1/4, E1/2NE1/4SE1/4 (40 acres);
Sec. 8, Lot 1 (31.91 acres);
Lot 2 (32.47 acres);
Lot 4 (39.79 acres);
Lot 5 (14.99 acres);
Lot 7 (10.92 acres);
Lot 8 (39.99 acres);
Lot 13 (19.99 acres);
Containing approximately 230.06 acres.
T. 16 N., R. 2 E.. (surveyed)
Sec. 11, Lot 1. that portion occupied by 1,200 feet of the transmission line
within the NW 1/4NE1/4, NE1/4NW1/4 as shown on sheet 15 of 36 of the as-built
survey (containing approximately 2.80 acres);
Sec. 16, Lot 1, that portion within State Selection Community Grant Application
AA-56321 occupied by 1,750 feet of the transmission line and 1,750 feet of
access road as shown on sheets 14 and 15 of 36 of the as-built survey
(containing approximately 4.20 acres);
Sec. 17, W1/2W1/2SW1/4, E1/2SW1/4SW1/4 (60.0 acres);
Sec. 18, Lot 9 (3.09 acres); Lot 11 (36.47 acres); Lot 18 (19.46 acres);
SE1/4SW1/4, NE1/4SE1/4, S1/2SE1/4 (160.0 acres);
Sec. 19, Lot 3.(7.70 acres); W1/2NW1/4NE1/4NE1/4NE1/4 (1.25 acres);
N1/2NW1/4NE1/4NE1/4(5.0 acres); N1/2S1/2NW1/4NE1/4NE1/4 (2.5 acres);
1
E1/2NE1/4NE1/4NW1/4NE1/4 (1.25 acres); N1/2NW1/4NW1/4NE1/4 (5.0 acres);
Sec. 29. E1/2NW1/4 (80.0 acres); E1/2E1/2SW1/4. (40.0 acres); E1/2W1/2E1/2SW1/4
(20.0 acres); W1/2W1/2W1/2SE1/4(20.0 acres);
Sec. 32, W1/2,W1/2NE1/4 (40.0 acres); E1/2E1/2NW1/4 (40.0 acres); W1/2SE1/4(80.0
acres).
Containing approximately 628.72 acres.
T. 13 N., R. 2 W., (partially surveyed)
Sec. 4, NW1/4NW1/4NW1/4, those portions occupied by 350 feet of transmission
line and 100 feet of access road as shown on sheet 5 of 36 of the as-built
survey (containing approximately 0.67 acre);
Sec. 5, those portions occupied by 6,850 feet of transmission line and 6,100
feet of access road as shown on sheet 5 of 36 of the as-built survey (containing
approximately 15.99 acres);
Sec. 7, those portions occupied by 6,300 feet of transmission line and 500 feet
of access road as shown on sheets 4 and 5 of 36 of the as-built survey
(containing approximately 11.22 acres);
Sec. 8, NW1/4NW1/4NW1/4, those portions occupied by 850 feet of transmission
line and 200 feet of access road as shown on sheet 5 of 36 of the as-built
survey (containing approximately 1.60 acres);
Sec. 18, those portions occupied by 5,300 feet of transmission line and 750 feet
of access road as shown on sheet 4 of 36 of the as-built survey (containing
approximately 9.65 acres);
Sec. 19 (unsurveyed section), those portions occupied by 5,700 feet of
transmission line and 1,500 feet of access road as shown on sheet 4 of 36 of the
as-built survey (containing approximately 10.59 acres);
Sec. 30 (unsurveyed section), N1/2N1/2N1/2NW1/4, those portions occupied by 300
feet of transmission line as shown on sheet 4 of 36 of the as-built survey, the
width is 37.5 feet as the transmission line runs along the section line
(containing approximately 0.26 acres).
The area described contains approximately 49.98 acres.
T. 14 N., R. 2 W., (partially surveyed)
Sec. 2, those portions occupied by 4,950 feet of
transmission line and 4,350 feet of access road as shown on sheets 7 and 8 of 36
of the as-built survey (containing approximately 11.52 acres);
2
Sec. 10, those portions occupied by 3,850 feet of transmission line and 2,375
feet of access road as shown on sheet 7 of 36 of the as-built survey (containing
approximately 8.26 acres);
Sec. 11. those portions occupied by 1,800 feet of transmission line and 100 feet
of access road as shown on sheet 7 of 36 of the as-built survey (containing
approximately 3.17 acres);
Sec. 15, those portions occupied by 5,650 feet of transmission line and 1,100
feet of access road as shown on sheets 6 and 7 of 36 of the as-built survey
(containing approximately 10.49 acres);
Sec. 21, those portions occupied by 2,200 feet of transmission line and 1,000,
feet of access road as shown on sheet 6 of 36 of the as-built survey (containing
approximately 4.48 acres);
Sec. 22,) those portions occupied by 3,550 feet of transmission line and 3,100
feet of access road as shown on sheet 6 of 36 of the as-built survey (containing
approximately 8.24 acres);
Sec. 28, those portions occupied by 5,800 feet of transmission line and 4,150
feet of access roads as shown on sheet 6 of 36 of the as-built survey
(containing approximately 12.85 acres).
Sec. 33, those portions occupied by 6,700 feet of transmission line and 6,200
feet of access road as shown on sheets 5 and 6 of 36 of the as-built survey
(containing approximately 15.81 acres.
The area described contains approximately 74.82 acres.
For all townships the total is approximately 983.58 acres.
3
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF CONTRACT NO. 85-80AP10022.000
This ASSIGNMENT AND TRANSFER OF CONTRACT NO. 85-80AP10022.000 is made this 2nd
day of October, 1997, between the UNITED STATES OF )AMERICA, acting by and
through the Department of Energy, Alaska Power Administration, whose address is
2770 Sherwood Lane, Juneau, AK 99801- 8545, represented by the officer executing
this document, pursuant to the Reclamation Act of June 17,, 1902, 32 Stat. 388,
as amended, the Eklutna Project Act of 1950, 64 Stat. 382, as amended, the
Energy Organization Act of August 4, 1977, 91 Stat. 565, as amended, and the
Alaska Power Administration Asset Sale and Termination Act, 109 Stat. 557, as
amended, herein referred to as UNITED STATES, and the Municipality of Anchorage,
doing business as Municipal Light and Power, the Chugach Electric Association,
Inc., and the Matanuska Electric Association, Inc., collectively referred to
herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC 04, Box
7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby assigns and transfers to the EKLUTNA PURCHASERS,
their successors or assigns, all right, interest, duty and obligation of the
UNITED STATES, in connection with the CONTRACT NO. 85- 80AP10022.000.
The EKLUTNA PURCHASERS hereby accept all right, interest, duty and obligation
associated with CONTRACT No. 85-80AP10022.000.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
CONTRACT NO. 85-80AP10022.000 as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
The undersigned hereby concur in the ASSIGNMENT AND TRANSFER OF CONTRACT NO.
85-AP10022.000:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF RIGHT-OF-WAY LICENSES
This ASSIGNMENT AND TRANSFER OF LICENSES is made this 2nd day of October, 1997,
between the UNITED STATES OF AMERICA, acting by and through the Department of
Energy, Alaska Power Administration, whose address is 2770 Sherwood Lane,
Juneau, AK 99801-8545, represented by the officer executing this document,
pursuant to the Reclamation Act of June 17, 1902, 32 Stat. 388, as amended, the
Eklutna Project Act of 1950, 64 Stat. 382, as amended, the Energy Organization
Act of August 4, 1977, 91 Stat. 565, as amended, and the Alaska Power
Administration Asset Sale and Termination Act, 109 Stat. 557, as amended, herein
referred to as UNITED STATES, and the Municipality of Anchorage, doing business
as Municipal Light and Power, the Chugach Electric Association, Inc., and the
Matanuska Electric Association, Inc., collectively referred to herein as EKLUTNA
PURCHASERS, whose address is, Eklutna Project, HC 04, Box 7785, Palmer, AK
99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby assigns and transfers to the EKLUTNA PURCHASERS,
their successors or assigns, all right, interest, duty and obligation of the
UNITED STATES, in connection with the Right-of-Way Licenses listed in Exhibit A,
attached hereto and made a part hereof.
The EKLUTNA PURCHASERS hereby accept all right, interest, duty and obligation
associated with the Right-of-Way Licenses referred to in Exhibit A.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
RIGHT-OF-WAY LICENSES as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
EXHIBIT A
LICENSE NUMBER NAME PURPOSE
EK-ROW-95-01 MOA/AWWU Water main crossing APA
Transmission line near
Structure No. 30/1
EK-ROW-95-02 Enstar Gas line within APA ROW
along Northern Lights
Blvd.
EK-ROW-95-03 MOA/ATU Telephone lines within
APA ROW Along Northern
Lights Blvd.
EK-ROW-96-01 City of Palmer Pedestrian walkway,
Palmer Substation
EK-ROW-96-02 MOA/AWWU Eklutna Lake Intake and
water Project
transmission line within
APA ROW
EK-ROW-96-03 MOA/AWWU Sewer Line within APA
ROW along Northern
Lights Blvd.
EK-ROW-96-04 MOA/AWWU Water system within APA
ROW along Northern
Lights Blvd.
EK-ROW-96-06 Prime Cable Telecommunications lines
within APA ROW Northern
Lights Blvd.
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF
"COOPERATIVE LAND MANAGEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
THROUGH THE ALASKA POWER ADMINISTRATION AND THE BUREAU OF LAND MANAGEMENT AND
THE STATE OF ALASKA THROUGH THE ALASKA DIVISION OF PARKS AND OUTDOOR RECREATION
FOR THE MANAGEMENT OF CERTAIN LANDS IN THE UPPER EKLUTNA VALLEY"
This ASSIGNMENT AND TRANSFER OF "COOPERATIVE LAND MANAGEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA THROUGH THE ALASKA POWER ADMINISTRATION AND THE
BUREAU OF LAND MANAGEMENT AND THE STATE OF ALASKA THROUGH THE ALASKA DIVISION OF
PARKS AND OUTDOOR RECREATION FOR THE MANAGEMENT OF CERTAIN LANDS IN THE
UPPER EKLUTNA VALLEY" is made this 2nd day of October, 1997, between the UNITED
STATES OF AMERICA, acting by and through the Department of Energy, Alaska Power
Administration, whose address is 2770 Sherwood Lane, Juneau, AK 99801-8545,
represented by the officer executing this document, pursuant to the Reclamation
Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950,
64 Stat. 382, as amended, the Energy Organization Act of August 4, 1977, 91
Stat. 565, as amended, and the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, as amended, herein referred to as UNITED STATES,
and the Municipality of Anchorage, doing business as Municipal Light and Power,
the Chugach Electric Association, Inc., And the Matanuska Electric Association,
Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose address is,
Eklutna Project, HC 04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby assigns and transfers to the EKLUTNA PURCHASERS,
their successors or assigns, all right, interest, duty, and obligation of the
UNITED STATES, Alaska Power Administration, in connection with the "Cooperative
Land Management Agreement Between The United States of America through The
Alaska Power Administration and The Bureau of Land Management and The State of
Alaska through The Alaska Division of Parks and Outdoor Recreation for The
Management of Certain Lands in the Upper Eklutna Valley."
The EKLUTNA PURCHASERS hereby accept all right, interest, duty and obligation
associated with the "COOPERATIVE LAND MANAGEMENT AGREEMENT BETWEEN THE UNITED
STATES OF AMERICA THROUGH THE ALASKA POWER ADMINISTRATION AND THE BUREAU OF LAND
MANAGEMENT AND THE STATE OF ALASKA THROUGH THE ALASKA DIVISION OF PARKS AND
OUTDOOR RECREATION FOR THE MANAGEMENT OF CERTAIN LANDS IN THE UPPER EKLUTNA
VALLEY".
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
"COOPERATIVE LAND MANAGEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
THROUGH THE ALASKA POWER ADMINISTRATION AND THE BUREAU OF LAND MANAGEMENT AND
THE STATE OF ALASKA THROUGH THE ALASKA DIVISION OF PARKS AND OUTDOOR RECREATION
FOR THE MANAGEMENT OF CERTAIN LANDS IN THE UPPER EKLUTNA VALLEY" as of the day
and year first written above.
Acceptance: United States of America
Municipality of Anch Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
The undersigned hereby concur in the ASSIGNMENT AND TRANSFER OF "COOPERATIVE
LAND MANAGEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA THROUGH THE
ALASKA POWER ADMINISTRATION AND THE BUREAU OF LAND MANAGEMENT AND THE STATE OF
ALASKA THROUGH THE ALASKA DIVISION OF PARKS AND OUTDOOR RECREATION FOR THE
MANAGEMENT Or CERTAIN LANDS IN THE UPPER EKLUTNA VALLEY":
The Bureau of Land Management
U.S. Department of Interior
/s/ Nick Douglas
Name:
District Manager
Title:
State of Alaska
Division of Parks and Outdoor Recreation
Alaska Department of Natural Resources
/s/ Jim Statton
Name
Director
Title:
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF
AGREEMENT FOR PUBLIC WATER SUPPLY AND ENERGY GENERATION FROM
EKLUTNA LAKE, ALASKA, AS SUPPLEMENTED
This ASSIGNMENT AND TRANSFER OF AGREEMENT FOR PUBLIC WATER SUPPLY
AND ENERGY GENERATION FROM EKLUTNA LAKE, ALASKA, AS SUPPLEMENTED
is made this 2nd day of October, 1997, between the UNITED STATES OF AMERICA,
acting by and through the Department of Energy, Alaska Power Administration,
whose address is 2770 Sherwood Lane, Juneau, AK 99801-8545, represented by the
officer executing this document, pursuant to the Reclamation Act of June 17,
1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950, 64 Stat. 382,
as amended, the Energy Organization Act of August 4, 1977, 91 Stat. 565, as
amended, and the Alaska Power Administration Asset Sale and Termination Act, 109
Stat. 557, as amended, herein referred to as UNITED STATES, and the Municipality
of Anchorage, doing business as Municipal Light and Power, the Chugach Electric
Association, Inc., and the Matanuska Electric Association, Inc., collectively
referred to herein as EKLUTNA PURCHASERS, whose address is, Eklutna Project, HC
04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby assigns and transfers to the EKLUTNA PURCHASERS,
their successors or assigns, all right, interest, duty and obligation of the
UNITED STATES, in connection with the AGREEMENT FOR PUBLIC WATER SUPPLY AND
ENERGY GENERATION FROM EKLUTNA LAKE, ALASKA, AS SUPPLEMENTED.
The EKLUTNA PURCHASERS hereby accept all right, interest, duty and obligation
associated with AGREEMENT FOR PUBLIC WATER SUPPLY AND ENERGY GENERATION FROM
EKLUTNA LAKE, ALASKA, AS SUPPLEMENTED.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
AGREEMENT FOR PUBLIC WATER SUPPLY AND ENERGY GENERATION FROM EKLUTNA LAKE,
ALASKA, AS SUPPLEMENTED as of the day and year first written above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
The undersigned hereby concur in the ASSIGNMENT AND TRANSFER OF AGREEMENT
FOR PUBLIC WATER SUPPLY AND ENERGY GENERATION FROM EKLUTNA LAKE,
ALASKA, AS SUPPLEMENTED:
MUNICIPALITY OF ANCHORAGE
/s/ George J. Vakalis for
Larry D. Crawford
Municipal Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
Duplicate Original
QUITCLAIM DEED
Federal Reserved Water Right Under the Eklutna Project Act of 1950, 64 Stat.
382, As Amended, Including State of Alaska Water Rights Certificate of
Appropriation (Amended) ADL 44944
This QUITCLAIM DEED is made this 2nd day of October, 1997, between the UNITED
STATES OF AMERICA, acting by and through the Department of Energy, Alaska Power
Administration, whose address is 2770 Sherwood Lane, Juneau, AK 99801-8545,
represented by the officer executing this document, pursuant to the Reclamation
Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project Act of 1950,
64 Stat. 382, as amended, the Energy Organization Act of August 4, 1977, 91
Stat. 565, as amended, and the Alaska Power Administration Asset Sale and
Termination Act, 109 Stat. 557, as amended, herein referred to as the UNITED
STATES, and the Municipality of Anchorage, doing business as Municipal Light and
Power, the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose
address is, Eklutna Project, HC 04, Box 7785, Palmer, AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby RELEASES and QUITCLAIMS to the EKLUTNA
PURCHASERS, their successors or assigns, as tenants in common according to their
fractional interests as more particularly set forth herein, all right, title,
and interest of the UNITED STATES in and to that certain federal reserved water
right created by the Eklutna Project Act of 1950, 64 Stat. 382, as amended, and
including State of Alaska Water Rights Certificate of Appropriation (Amended)
ADL 44944, recorded May 9, 1995, in the official records of Anchorage Recording
District, Third Judicial District, State of Alaska, in Miscellaneous Book 2784,
pages 690-692.
The right, title and interest of the UNITED STATES hereby released and
quitclaimed to the EKLUTNA PURCHASERS vests in the EKLUTNA PURCHASERS as tenants
in common to the full extent of the undivided interests set forth below:
Municipality of Anchorage, d/b/a
Municipal Light and Power 16/30
Chugach Electric Association, Inc. 9/30
Matanuska Electric Association, Inc. 5/30
IN WITNESS THEREOF, the UNITED STATES has executed this QUITCLAIM DEED as of the
day and year first written above.
UNITED STATES OF AMERICA
Department of Energy
Alaska Power Administration
/s/ Rodney L. Adelman
Rodney L. Adelman
Administrator
ACKNOWLEDGMENT
STATE OF ALASKA
Third Judicial District
The foregoing instrument was acknowledged before me this 2nd day of October,
1997, by Rodney L. Adelman, Administrator, Alaska Power Administration, United
States Department of Energy. Witness my hand and official seal.
/s/ Lee Anne Mackay
Notary Public
(Seal)
My Commission expires: 5/25/2000
Duplicate Original
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
ASSIGNMENT AND TRANSFER OF THE
JUNE 3, 1957, PERMIT LETTER; AND REVOCABLE PERMIT OF USE DATED APRIL 9,
1958; REGARDING THE KNIK RIVER BRIDGE
This ASSIGNMENT AND TRANSFER is made this 2nd day of October, 1997, between the
UNITED STATES OF AMERICA, acting by and through the Department of Energy, Alaska
Power Administration, whose address is 2770 Sherwood Lane, Juneau, AK
99801-8545, represented by the officer executing this document, pursuant to the
Reclamation Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project
Act of 1950, 64 Stat.. 382, as amended, the Energy Organization Act of August 4,
1977, 91 Stat. 565, as amended, and the Alaska Power Administration Asset Sale
and Termination Act, 109 Stat. 557, as amended, herein referred to as UNITED
STATES, and the Municipality of Anchorage, doing business as Municipal Light and
Power, the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose
address is, Eklutna Project, HC 04, Box 7785, Palmer,.AK 99645.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and
valuable consideration, hereby assigns and transfers to the EKLUTNA PURCHASERS,
their successors or assigns, all right, interest, duty, obligation and liability
of the UNITED STATES, in connection with the June 3, 1957, permit letter and
April 9, 1958 Revocable Permit of Use.
The EKLUTNA PURCHASERS hereby accept all right, interest, duty, obligation and
liability associated with the June 3, 1957, permit letter and April 9, 1958
Revocable Permit of Use.
IN WITNESS THEREOF, the parties have executed this ASSIGNMENT AND TRANSFER OF
THE JUNE 3, 1957, PERMIT LETTER; AND REVOCABLE PERMIT OF USE DATED APRIL 9,
1958; REGARDING THE KNIK RIVER BRIDGE as of the day and year first written
above.
Acceptance: United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Acceptance:
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Acceptance:
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
The undersigned hereby concur in the ASSIGNMENT AND TRANSFER OF THE JUNE 3,
1957, PERMIT LETTER; AND REVOCABLE PERMIT OF USE DATED APRIL 9, 1958; REGARDING
THE KNIK RIVER BRIDGE
State of Alaska
Department of Transportation and Public Facilities
/s/ William R Strickler
William R. Strickler
Chief, Traffic Safety and Utilities
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney
Duplicate Original
UNITED STATES
DEPARTMENT OF ENERGY
ALASKA POWER ADMINISTRATION
EKLUTNA PROJECT, ALASKA
ASSIGNMENT OF CONTRACT DE-SC85-95AP10042
This Contract ASSIGNMENT is made this 2nd day of October, 1997, between the
UNITED STATES OF AMERICA, acting by and through the Department of Energy, Alaska
Power Administration, whose address is 2770 Sherwood Lane, Juneau, AK
99801-8545, represented by the officer executing this document, pursuant to the
Reclamation Act of June 17, 1902, 32 Stat. 388, as amended, the Eklutna Project
Act of 1950, 64 Stat. 382, as amended, the Energy Organization Act of August 4,
1977, 91 Stat. 565, as amended, and the Alaska Power Administration Asset Sale
and Termination Act, 109 Stat. 557, as amended, herein referred to as UNITED
STATES, and the Municipality of Anchorage, doing business as Municipal Light and
Power, the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc., collectively referred to herein as EKLUTNA PURCHASERS, whose
address is, Eklutna Project, HC 04, Box 7785, Palmer, AK 99645.
I. Background
The United States owns, operates and maintains the Eklutna Project including
facilities for the generation and transmission of electric power and energy;
Pursuant to the Alaska Power Administration Asset Sale and Termination Act, 109
Stat. 557, the UNITED STATES intends to transfer all of its interest in the
Eklutna Project to the Eklutna Purchasers;
The United States entered into Contract No. DE-SC85-95AP10042 with the
Municipality of Anchorage, doing business as Municipal Light and Power, the
Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc;
The United States desires to assign its rights, duties and all interests or
obligations in Contract No. DE-SC85-95AP10042 to the Eklutna Purchasers;
The Eklutna Purchasers are willing to accept the assignment of the United
States' rights, duties and all interests or obligations in Contract No.
DE-SC85-95AP10042;
In consideration of the mutual benifits, the parties agree as follows:
II. Assignment of Contract No. DE-SC85-95AP10042
This Contract Assignment shall become effective on the date of execution.
The United States hereby assigns its rights, duties and all other interests or
obligations in Contract No. DE-SC85-95AP10042 to the Eklutna Purchasers.
The Eklutna Purchasers, hereby accept and assume the United States rights,
duties and all other interest or obligations in Contract No. DE-SC85-95AP10042.
The Eklutna Purchasers agree that they shall be subject to all of the provisions
and condition of Contract No. DE- SC85-95AP10042.
The Municipality of Anchorage, doing business as Municipal Light and Power,
hereby consents to the assignment of the United States' rights, duties and all
other interest or obligations in Contract No. DE-SC85- 95AP10042 to the Eklutna
Purchasers.
The Chugach Electric Association, Inc., hereby consents to the assignment of the
United States' rights, duties and all other interest or obligations in Contract
No. DE-SC85-95AP10042 to the Eklutna Purchasers.
The Matanuska Electric Association, Inc., hereby consents to the assignment of
the United States' rights, duties and all other
interests or obligations in Contract No. DE-SC85-95AP10042 to the
Eklutna Purchasers.
The Municipality of Anchorage, doing business as Municipal Light and Power,
hereby releases the United States of its duties and all other obligations in
Contract No. DE-SC85-95AP10042.
The Chugach Electric Association, Inc., hereby releases the United States of its
duties and all other obligations in Contract No. DE- SC85-95AP10042.
The Matanuska Electric Association, Inc., hereby releases the United States of
its duties and all other obligations in Contract No. DE- SC85-95AP10042.
III. Agreement
All parties agree that this assignment shall become effective on the date of
execution.
PARTIES TO THE ORIGINAL CONTRACT:
United States of America
Municipality of Anchorage Department of Energy
dba Municipal Light and Power Alaska Power Administration
/s/ George J. Vakalis for /s/ Rodney L. Adelman
Larry D. Crawford Rodney L. Adelman
Municipal Manager Administrator
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
EKLUTNA PURCHASERS BY:
Municipality of Anchorage
dba Municipal Light and Power
/s/ George J. Vakalis for
Larry D. Crawford
Municipal Manager
Chugach Electric Association, Inc.
/s/ Eugene N. Bjornstad
Eugene N. Bjornstad
General Manager
Matanuska Electric Association, Inc.
/s/ Wayne D. Carmony
Wayne D. Carmony
General Manager
Recommended:
Anchorage Municipal Light & Power
/s/ Hank Nikkels
Hank Nikkels
Acting General Manager
Recommended:
Municipality of Anchorage
/s/ George Vakalis
George J. Vakalis
Operations Manager
Approved as to Form:
Municipality of Anchorage
/s/ Mary K. Hughes
Mary K. Hughes
Municipal Attorney