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HomeMy WebLinkAboutRes2001-076 I I I Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION 2001-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DISPOSAL OF A :l:2,100 SQUARE FOOT PORTION OF TRACT B, PARK PLACE SUBDIVISION TO BRAD SNOWDEN IN EXCHANGE FOR A :l:1,200 SQUARE FOOT RIGHT-OF- WAY DEDICATION TO HULM LANE FROM LOT lA, BLOCK 7, SNOWDEN SUBDIVISION; AND AUTHORIZING THE SUBDIVISION OF CITY-OWNED TRACT B, PARK PLACE SUBDIVISION WHEREAS, as constructed Hulm Lane encroaches onto Lot lA, Block 7, Snowden Subdivision which is owned by Brad Snowden; and, WHEREAS, Mr. Snowden has submitted a proposal to correct the road encroachment by exchanging a portion of city-owned Tract B, Park Place Subdivision for a right-of-way dedication to Hulm Lane from Lot lA, Block 7, Snowden Subdivision; and, WHEREAS, in Resolution 2001-039, the City Council authorized the City Manager to negotiate a land trade agreement with Brad Snowden in order to resolve the Hulm Lane right-of-way encroachment on private property, with such agreement to be brought back to the City Council for the further consideration and final approval; and, WHEREAS, the proposed exchange will correct the road encroachment on private property, and compensate the property owner with adjoining property currently owned by the City; and, WHEREAS, Seward City Code ~ 7.05.120, authorizes the City Council to dispose of real property by negotiation, public auction or sealed bid; and, WHEREAS, Seward City Code ~ 7.05.510, authorizes the City Manager to negotiate and execute the acquisition of rights- of-ways and easements necessary for a utility, public improvement or other public use except that the city council must approve acquisitions involving cash consider- ations, or the exchange of real property valued in excess often thousand dollars ($10,000); and, WHEREAS, at its January 2, 2001 meeting, the Planning and Zoning Commission approved Resolution 2001-01 recommending that the City Council authorize the disposal of a portion of Tract A, Park Place Subdivision to Brad Snowden in exchange for a right-of-way dedication to Hulm Lane from Lot A, Block 7, Snowden Subdivision; and, WHEREAS, the notice of public hearing was published and posted as required by Seward City Code. CITY OF SEWARD, ALASKA RESOLUTION 2001-076 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council finds it in the public interest to dispose of a :1::2, 100 square foot portion of Tract B, Park Place Subdivision to Brad Snowden in exchange for a :1::1,200 square foot right-of-way dedication to Hulm Lane from Lot IA, Block 7, Snowden Subdivision in that the proposed exchange appears to be a reasonable and fair exchange for both the City and Brad Snowden. In addition, the exchange will ensure that a buffer of city park land remains between Hulm Lane and the existing Lot lA, Block 7, Snowden Subdivision as recommended by the Planning and Zoning Commission. Section 2. The City Council finds that it is in the public interest to complete the transaction described in this resolution and the attached Land Trade Agreement without completing an appraisal of the fair market value of either property to be exchanged. The area of city-owned Tract B, Park Place Subdivision to be disposed of to Brad Snowden is comparable in size to the area of Lot IA, Block 7, Snowden Subdivision to be dedicated to Hulm Lane and neither of the parcels to be exchanged are large enough to meet the minimum developable lot size requirements. For the preceding reasons, the City Council also finds that the parcels to be exchanged are likely comparable in value. Section 3. The Land Trade Agreement, attached and incorporated herein by reference, between the City of Seward and Bradley Snowden, is hereby approved in substantial form and the City Manager is authorized to complete and execute all documents on behalf of the City as are necessary to complete the exchange in substantial form as described in this resolution including, but not limited to, the land trade agreement, easements, subdivision plat, closing instructions, and quitclaim deed. Section 4. As required by Seward City Code ~ 16.01.015(B), the City hereby consents to the subdivision of city-owned Tract B, Park Place Subdivision, and authorizes the City Manager to sign the final plat on behalf of the City of Seward. The transaction authorized by this resolution may not close until after the final plat is recorded. Section 5. The City Council hereby initiates a Land Use Plan and Zoning Amendment for that portion of Tract B, Park Place Subdivision to be deeded to Brad Snowden from Park to Urban Residential, and directs the Planning and Zoning Commission to hold the required public hearing and forward a recommendation to the City Council on the proposed Land Use Plan and Zoning amendment in accordance with Seward City Code ~ I 5.01.035. Section 6. This resolution shall take effect 30 days after passage and posting as required by Seward City Code ~ 7.05.140. I I I CITY OF SEWARD, ALASKA RESOLUTION 2001-076 PASSED AND APPROVED by the City Council ofthe city of Seward, Alaska, this 25th day ofJune,2001. AYES: NOES: ABSENT: ABSTAIN: Brossow, Calhoon, Orr, Blatchford Clark, Shafer King None ATTEST: ;::PJ;;/~ Patrick Reilly City Clerk (City Seal) 1"" ",. "" "",,~ ~!'~~~"""'" ~ ~ ....~o~~:..:!-9o ~ ~ (J l.rP . ""V'~'. ~ ~..~ '0..'- i.l sEAL ).E .. \ : = . . -.- . - .. e. ~... ", .. # '\ \P~"'~lVe 1 \!>.,~.J' If,,~~.....l... t>..~ ".... ~ 4:- OF ~\.J ~,.". """"",, THE CITY OF SEWARD, ALASKA [' <2 ~ k (3.>2-...{ ~ ..) Edgar Blatchford, Mayor