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HomeMy WebLinkAboutRes1984-130 . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 84-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING AN OFFER TO ACQUIRE SIX EASEMENTS EIGHT LOTS LOCATED IN TOKLAT ESTATES AND GOAT HAVEN ESTATES SUBDIVISION AT A NEGOTIATED PRICE IN LIEU OF CONDEMNATION WHEREAS, by Resolution No. 84-109, dated October 8, 1984, the City Administration was authorized to proceed with condemnation proce- dures through the process of eminent domain against certain property owners with whom an agreement could not be reached for the purchase of transmission line easements; and WHEREAS, certain landowners have indicated a desire to donate eight lots to the City of Seward in lieu of condemnation of the ease- ments across them if the City will purchase easements across the eight lots and an additional six easements in lieu of condemnation and if an appraisal of the value of the donated lots is satisfactory to the land owners; and . WHEREAS, said property owners have indicated their willingness to donate the eight lots free and clear of any encumbrances which might affect the construction of the proposed Seward Utility District trans- mission line; and WHEREAS, the City Council has determined that the purchase of the fourteen easements and the acceptance of the donation of the eight lots will, as a whole, minimize the expense of acquisition and is otherwise in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Administration is authorized to take all steps necessary to effect the acquisition by negotiation of easements across and title to the following lots by donation: Lot 2, Block 1, Toklat Estates Subdivision Lot 3, Block 1, Toklat Estates Subdivision Lot 4, Block 1, Toklat Estates Subdivision Lot 3, Block 3, Toklat Estates Subdivision Lot 7, Block 1, Goat Haven Estates Subdivision . Lot 2, Block 2, Goat Haven Estates Subdivision Lot 6, Block 2, Goat Haven Estates Subdivision -1- . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 84-130 Lot 10, Block 2, Goat Haven Estates Subdivision Lot 3, Block 2, Goat Haven Estates Subdivision Lot 5, Block 2, Goat Haven Estates Subdivision Lot 8, Block 2, Goat Haven Estates Subdivision Lot 9, Block 2, Goat Haven Estates Subdivision Lot 1, Block 3, Goat Haven Estates Subdivision Lot 2, Block 3, Goat Haven Estates Subdivision (b) fee title by donation of: Lot 1, Block 2, Goat Haven Estates Subdivision Lot 2, Block 2, Goat Haven Estates Subdivision Lot 3, Block 2, Goat Haven Estates Subdivision Lot 5, Block 2, Goat Haven Estates Subdivision Lot 6, Block 2, Goat Haven Estates Subdivision Lot 8, Block 2, Goat Haven Estates Subdivision Lot 9, Block 2, Goat Haven Estates Subdivision Lot 10, Block 2, Goat Haven Estates Subdivision all located within the Seward Recording District, Third Judicial Dis- trict, Alaska, on condition that: 1. The property owners shall convey fee title to the eight lots to the City free and clear of all encumbrances that might affect the construction of the proposed transmission line; 2. The property owners shall convey fee title to the eight lots to the City free and clear of all encumbrances under any deed of trust, contract for sale, or other interest or obligation which might require the payment of money for the satisfaction thereof; and 3. The property owners will, within thirty (30) days of the conveyance of said lots to the City, provide the City with an owner's title insurance policy insuring title to the eight donated parcels in the City of Seward free of all exceptions except such as may be standard exceptions in the issuing company's policy, taxes and assessments due the Kenai Peninsula Borough, if any, and -2- . . . . e CITY OF SEWARD, ALASKA RESOLUTION NO. 84-130 easements or rights-of-way vested in Chugach Electric Association, Inc., or the State of Alaska, and 4. The cost to the City of Seward to acquire the six ease- ments and eight lots in fee shall not exceed $33,000. Section 2. Resolution No. 84-109 shall be deemed to continue in effect in the event the donative conveyance and purchase cannot be promptly accomplished. Section 3. This resolution shall take effect in accordance with Section 2-84 of the Seward City Code. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 10th day of December , 19 84 ~ITY OF SEWARD, ALASKA ~"tJ)~ DONALD W. CRIPPS, YO~ AYES: NOES: ABSENT: ABSTAIN: Cripps, Gillespie, Meehan, Simutis, Williams & Wilson None Hilton None ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska /~/?/ ~ Fred B. Arvidson, City Attorney (City Seal) -3-