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CITY OF SEWARD, ALASKA
RESOLUTION 2010 -048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
EASEMENT AGREEMENT WITH GCI COMMUNICATION, CORP. FOR A
TEMPORARY AND NON - EXCLUSIVE FIFTEEN FOOT (15) UTILITY
EASEMENT, AT 707 NASH ROAD, SEWARD, ALASKA, LOCATED
WITHIN A PORTION OF LOT 1, FOURTH OF JULY CREEK
SUBDIVISION, NUMBER 2, PLAT NO. 98 -09, SEWARD RECORDING
DISTRICT, SEWARD MERIDIAN, ALASKA, TOWNSHIP 1 SOUTH,
RANGE 1 WEST, SECTION 12, AND LOCATED WITHIN A PORTION OF
TRACT H2, FOURTH OF JULY CREEK SUBDIVISION, ROBERTS
REPLAT, PLAT NO. 2006 -12, SEWARD RECORDING
DISTRICT, CONTAINING 1,215 SQ. FT. +/-
WHEREAS, General Communication, Corp. ( "GCI") wishes to use the land described above
for private utilities across City land; and
WHEREAS, it has been determined that the proposed non - exclusive use will not materially
W. adversely impact the pedestrian public access; and
WHEREAS, the City Council has determined that granting a temporary easement to GCI for
use of this property for the purposes set out herein would be in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. It is in the public interest to grant a temporary, non - exclusive easement of the
property described above in the Fourth of July Creek Subdivision, Seward Marine Industrial
Center, to GCI.
Section 2. The City Manager is hereby authorized to execute an easement
agreement with GCI, in substantially the form presented at this meeting.
Section 3. This resolution shall take effect thirty (30) days following passage and
posting as required by law.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 24th day of
May, 2010.
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -048
THE CITY OF SEWARD, ALASKA
a! /le dire
Willard E. Dunham, Mayor
AYES: Valdatta, Keil, Smith, Amberg, Shafer, Dunham
NOES: None
ABSENT: Bardarson
ABSTAIN: None
ATTEST:
Johanna Dollerhide, CMC
Acting City Clerk
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(City Seal) .�y o°• , ' 4 • +• •
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Council Agenda Statement
Meeting Date: May 24, 2010
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Through: Phillip Oates, City Manager 1-
From: Christy Terry, Community Development Director q �P
Agenda Item: GCI Easement Agreement
BACKGROUND & JUSTIFICATION:
General Communication, Corp. ( "GCI ") entered into a sublease agreement with ACS Wireless, Inc.
to place equipment on the ACS tower on Nash Road. (A separate resolution is before council tonight
seeking approval of that sublease.) In 2009, GCI began using a private power line crossing City land,
and over a public pedestrian right of way. Resolution 2010- would approve a temporary
easement allowing use of this land for the existing improvements until June 30, 2014. The line
crosses the pedestrian access, and there is a utility pole in the easement, but staffhas determined that
allowing this non - exclusive use will not adversely impact use of the pedestrian right of way. GCI
offered to prepay the administrative fee and all lease payments up front.
INTENT: To enter into a temporary, non - exclusive easement agreement with GCI for a private
utility line at the Seward Marine Industrial Center.
CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward
City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures or Other Plans or Policies:
Yes (List Below) No
Seward Marine Industrial Center Development Plan
Land use: Uses allowed within SMIC should focus on strengthening and enhancing the area as a center for marine and other
compatible industries.
FISCAL NOTE:
GCI prepaid $2913.63 to the City, covering an administrative fee of $1,000 and lease payments
through June 30, 2014.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
City Council approve Resolution 2010- . g authorizing the City Manager to enter into an easement
agreement with GCI near 707 Nash Road in the Fourth of July Creek Subdivision, Seward Marine
Industrial Center for the purpose of maintaining power to its communications equipment.