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Sponsored by: Oates <br />CITY OF SEWARD, ALASKA <br />RESOLUTION 2009-033 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br />ALASKA, AUTHORIZING THF, CITY MANAGER TO PROCEED WITH <br />THE ACQUISITION OF UNNAMED TRACT 5, FOREST ACRES <br />SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED <br />UNDER PLAT NO. S-17, RECORDS OF THE SF,WARD RECORDING <br />DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA; <br />EXCEPTING THEREFROM THAT PORTION OF "UNNAMED TRACT 5" <br />CONVEYED TO THE STATE OF ALASKA, DF,PARTMENI' OF <br />TRANSPORTATION AND PUBLIC FACILITIES, BY WARRANTY DEED <br />RECORDED AUGUST 7, 2003 IN BOOK 121 AT PACE 485, FOR $271,000, <br />AND APPROPRIATING FUNDS FOR THE NORTH FOREST ACRES <br />LEVEE/ROAD PROJECT <br />WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, <br />and began the process of acquiring perntits for Phase IT, known as the North Forest Acres <br />Levee/Road Project (the `'Project"); and proposed acquisition is a crucial component necessary to <br />move forward with the construction of the Project; and <br />WHEREAS, the City of Seward spent many years developing the design and location for a <br />~. leveelroad to benefit the people of Seward; and <br />WHF,REAS, in 2008 the Seward City Council accepted the alignment of the Project as <br />described in the Finding of No Significant hnpact and authorized the administration to pursue <br />environmental permitting and to negotiate with property owners to acquire easements, rights-of--way <br />and/or ownership of parcels of land affected by the Project; and <br />WHEREAS, the US Army Corps of Engineers issued a permit in 2009 to the City of Seward <br />to construct the Project in accordance with the conditions of the pernlit; and <br />WHEREAS, at the direction ofthe City, appraisals were made ofthc fairmarket value ofthe <br />parcels of land, all of which are undeveloped parcels of land, and each appraisal received an <br />appraisal review; and <br />WIIF,REAS, the owner of the land described in this resolution ("Property') desires to sell the <br />Property, as evidenced by listing the Property with a broker; and <br />WHEREAS, to allow the construction to occur within the timeframc requested by the Corps <br />of Engineers, the City finds that it is in the public interest to pay more than fair market value for the <br />Property inconsideration of the timeliness of a closing ofthe sale and for other terms as set forth in <br />the agreement presented at this meeting; and <br />i <br />