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HomeMy WebLinkAboutRes1988-008 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 88-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A COOPERATIVE MANAGEMENT AGREEMENT WITH THE ALASKA DIVISION OF PARKS AND OUTDOOR RECREATION FOR THE USE OF A PORTION OF LOT 3, DEACON SUBDIVISION NO.2, FOR A TRAILHEAD/PARKING LOT TO CAINES HEAD STATE RECREATION AREA WHEREAS, the city recognizes the value of tourism ~n supporting the economy of the city; and WHEREAS, the state Division of Recreation wishes to enhance access Caines Head State Recreation area; and Parks and Outdoor and facilities for WHEREAS, the state has requested use of a vacant, unused portion of city-owned land at Lowell Point for use as a parking lot and trailhead; and WHEREAS, the city has no other planned use for this parcel which is an unused portion of the sewage treatment facility site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city finds it in the public interest to allow the state of Alaska to utilize an unused portion of Lot 3, Deacon Subdivision No.2, at no cost and without benefit of an appraisal of the property. Section 2. The city manager is authorized to execute the Caines Head State Recreation Area Cooperative Management Agreement with the Alaska Division of Parks and Outdoor Recreation, attached and incorporated herein by reference. Section 3. This resolution shall take effect thirty (30) days after passage and posting. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25th day of January , 1988 -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 88-008 AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA - Z ~4 GIESELER, MAYOR DUNHAM, GIESELER, HILTON, MEEHAN, NOLL & SIMUTIS NONE O'BRIEN NONE ATTEST: (City Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK 7~N~ Fred B. Arvidson City Attorney -2- - , ,~ I :I-'/, ':'/-j," ,I', . RESOLUTION NO. 88-008 Attachment CAINES HEAD STATE RECREATION AREA I' COOPERATIVE MANAGEMENT AGREEMENT between THE CITY OF SEWARD and i THE STATE OF ALASKA, DIVISION OF PARKS AND OUTDOOR RECREATION I i I i I' This Cooperative Management Agreement is made and entered I , i fnto for the purpose of providing parking lot space near the proposed ~railhead to Caines Head State Recreation Area, on Lowell Point, near I ~he city of Seward. The Division of Parks and Outdoor Recreation, J' hereinafter called "the State", wishes to assume surface management of Ii " tract of land owned by the city of Seward, hereinafter called "the i, " lCiity". !i WHEREAS, the State recognizes the value of tourism in supporting the economy of the City; and I, WHEREAS, the State is aware of the tremendous recreational I ! potential of the Tonsina Valley and Caines Head SRA destinations; and WHEREAS, the State wishes to enhance the access opportunities of visitors wishing to hike to Caines Head SRA; and WHEREAS, the Ci ty currentl y owns a vacant piece of 1 and suitable for parking adjacent to the proposed trail; , ! NOW. THEREFORE. the State does hereby agree to manage the following described lands as a public parking lot for hikers traveling ~b Caines Head SRA via the Tonsina Creek Road and Tidal Trail. subject ~o the following terms and conditions: I . . . mTY OF SEWARD, ALASKA QAINES HEAD STATE RECREATION AREA COOPERATIVE MANAGEMENT AGREEMENT RESOLUTION NO. 88-008 Attachment ~!=:t.tRn. l., ..,~Qnd. U$,~..M.re.E1fl1~nj; , " , [I The lands covered by the agreement are described as follows: ., " That triangular parcel of vacant land located in ., " I the southwest corner of Lot 3, Deacon Subdivision )! No. 2 (Pl at 80-24). This property is the site of the Seward sewage treatment plant, which is owned and operated by the City of Seward, and located within NW 1/4 SW 1/4, S22, TIS, R1W, Seward Meridian. See attached map. SEl~:l;i.9rL2... ResJ,lqn$Jb.tlitie.$ ,oJ. the. Statl'l 1. Manage subject 1 ands as prescribed under AS 41.21 (park statutory authority) and other appl icable state laws. The City of Seward shall be held harmless from any liability or claims of whatever kind arising from such State management of the lands described in Section 1 of this Management Agreement. 2. Provide basic services to the public, to include litter pickup, and definition of the parking lot boundaries by placing auto bumper logs and barrier rocks and/or posts. 3. Provide directional sign announcing "Caines Head State Recreation Area - Tidal Trail Parking" at the entrance to the lot. 4. Provide a bulletin board and any other necessary signing to provide basic information to the visiting public. 5. Sign the area in such a manner as to discourage and/or prevent overnight camping, ground fires, discharge of firearms, and other violations of state laws. -2- '~ITY OF SEWARD, ALASKA ~AINES HEAD STATE RECREATION AREA I :COOPERATIVE MANAGEMENT AGREEMENT RESOLUTION NO. 88-008' Attachment . " " 'I $.~c:l;.i9J)..3-."Be~suw~.1biHti~.~. oJ, t.b~ .c.itY,.oJ Se~a.rd , I! 1. Continue management of the subject lands I! i~pplicable city ordinances that apply, as necessary. I I I, I: iand/or gravel necessary for improvement of the parking. 'I I under any 2. When possible the City may make available rocks, topsoil, 3. The City may provide directional signing to the parking i 'area from town. 'I 4. The State shall be held harmless from any 1 iabil ity or !i :~laims of whatever kind arising from the commission or ommission of any , " action made by the City with regard to the land described in Section 1. i i Se~t.1AO. 4..,.. .Spl'lC.i al Prov i,5ions . 1. No provision of this agreement shall obligate either party to expend funds in excess of appropriations authorized by law or I, ordinance. 2. The State and the City agree to comply with Title 6 of the Civil Rights Act of 1964 and Equal Employment Opportunities. No person shall, on the grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use or occupancy of the above described lands or of the accommodations, facfl itfes, services or privileges furnished thereon. . -3- I I, I: I CITY OF SEWARD, ALASKA 'CAINES HEAD STATE RECREATION AREA COOPERATIVE MANAGEMENT AGREEMENT RESOLUTION NO. 88-008 Attachment . 3. The Agreement shall become effective upon its execution by both parties and shall continue in effect for five (5) years with subsequent renewals and/or extensions by written mutual consent. : , 4. The Agreement may be terminated for good cause by either ,party by giving one month's written notice. Good cause shall include, 'but not necessarily be limited to, the City's need to use the subject lands for expansion of the sewage treatment system. 5. This Agreement shall go into effect upon signature by both parties. IN WITNESS WHEREOF I the parties to this Agreement have, in good faith, executed this agreement as testified below. . CITY OF SEWARD STATE OF ALASKA DIVISION OF PARKS AND OUTDOOR RECREATION M.' CITY MANA(iR . , . ~ DIRECTOR DATE:, '. DATE: . ... , ii . -4- . . . K.~ 101200 ~ E:.WA F', 0 ,~~, :.;:'. .::.'/; -' :. '.... '/ .' ..' . /f I: ;'1' II ~ ! 1\ ". \~i I' q. II, II -. [i ~ ~~~~';-~dN ,V ~;/1\-3':" L',N<:L~ I PQI~J.~ (..J. . ~ \ ( o 1/"t1/~,' I~ .......:::-~:.;:.:::~~. \, \.. . ~~ . -'nJ~;NA. ( i.....: " POINT h) JC f"':P /l'; (/' I' \,;,,/' Ij ~CAI."ES. HEAc) TRAIL- /" ~. \~ ~ , ,- - '\-l I .i\L_ II ,y \:. /~. :;'?i': ? \~I I...\~) ,,! "'''''-~ I "".::"!-:z.,,,;::> l'~ STATE. ;:;<'S'.:.,-<C" ::-.... "-.':<E"" ')', -1 t-.~ "\ \1 l\JO~TH G) RESOLUTION NO. 88-008 Attachment ~ (' ,s ':.... )>)l (' \,\ /' '0 1. 01':.;"',,- '" ~ -. . . . . 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