HomeMy WebLinkAboutRes1985-051
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 85-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE DISPOSAL OF A PORTION OF
THE VACATED ALLEY RIGHT-OF-WAY WITHIN BLOCK 11, LAUBNER
ADDITION BY NEGOTIATED SALE AT FAIR MARKET VALUE TO REAL DAIGLE
WHEREAS, the City of Seward did support Real Daigle's petition
to vacate a portion of the alley right-of-way within Block 11, Laubner
Addition between Lots 3-7 and 34-38; and
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WHEREAS, it is necessary to replat surrounding property to
take in the vacated right-of-way prior to such a vacation being recorded
as private property; and
WHEREAS, Mr. Daigle has expressed an interest in purchasing
the City's portion of the vacated right-of-way in order that he may
increase the size of his adjacent parcel as part of a proposed mul-
ti-family housing project; and
WHEREAS, the
replat its adjacent
right-of-way; and
City of Seward has no desire to expend funds to
property in order to acquire said vacated
WHEREAS, THE City's !1375 square feet of vacated alley
right-of-way is not large enough to stand alone as a building site, thus
making it of value only to the adjacent property owner; and
WHEREAS, the City Council finds that the public interest would
not be served by advertising the disposal of this property at public
bid;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is authorized to negotiate the
sale of !1375 square feet of vacated alley right-of-way between Lots 3-7
and 34-38, Block 11, Laubner Addition, at fair market value to Real
Daigle. Said disposal will be by quitclaim deed which is attached and
incorporated herein by reference as a part of this resolution.
Section 2. This resolution shall take effect thirty (30) days
following its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 13 day of May , 19 85
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 85-51
THE CITY OF SEWARD, ALASKA
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l- {9c. //ivl.?a:::-t -i/ ( . /-v 7
DONALD W. CRIPPS, YOR L
AYES:
NOES:
ABSENT:
ABSTAIN:
CRIPPS, GILLESPIE, HILTON, MEEHAN, SCHOLL, SIMUTIS & WILLIAMS
NONE
NONE
NONE
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
7~ r?} ~
Fred B. Arvidson, City Attorney
(City Seal)
NOTE: COUNCIL AMENDED THIS RESOLUTION BY MAKING THE TRANSFER OF PROPERTY TO
BRISKE & DAIGLE CONTINGENT UPON COMPLETION OF IMPROVEMENTS SPECIFIED IN THE
CUP GRANTED FOR THE APARTMENT COMPLEX LOCATED ON LOTS 26-30, BLOCK 22, OTS:
SUCH IMPROVEMENTS INCLUDE THE PROVISION OF 17 PARKING SPACES AND COMPLETION
OF PROMISED LANDSCAPING AND PLAY AREAS.
(City Seal)
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QUIT CLAIM DEED
KNaf ALL MEN BY llIESE PRESENTS:
WHEREAS, the CITY OF SEWARD, ALASKA, is owner and holder of record
of certain real property located in the CITY OF SEWARD, ALASKA, more
particularly described as follows:
All that certain real property situated in the City of Seward,
Kenai Peninsula Borough, State of Alaska, and being a portion
of the vacated alley within Block 11, Laubner Addition to the
Original Townsite of Seward, commencing at the Northeast corner
of Lot 38; thence East 10.0 feet to the genter of the alley;
thence South 140.0 feet; thence North 61 52'40" to the inter-
section of the westerly boundary of the alley adjacent to Lot
34; thence northerly approximately 135 feet along the westerly
boundary of the alley adjacent to Lots 34, 35, 36, 37 and 38,
to the TRUE POINT OF BEGINNING, containing 1375 square feet
more or less.
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WHEREAS, on May 13, 1985, the City Council of the City of Seward,
Alaska, passed and approved Resolution No. 85- , stating that it was not
in the public interest to sell the above described property, other than by
negotiated sale, and providing for disposition of said property by the
execution of a Quit Claim Deed to Real Daigle, a single man.
WITNESSETH:
NOW, THEREFORE, for and in consideration of the sum of FOUR
THOUSAND, EIGHT HUNDRED FIFTY FOUR and NO/100 ($4,854.00) DOLLARS, receipt
whereof is hereby acknowledged, the City of Seward, Al aska, a municipal
corporation, does, by this Quit Claim Deed, grant and convey unto Real
Daigle, a single man, of P. O. Box 0897, Anchorage, Alaska 99510, to have
and to hold fee simple title, together with all and singular, the
hereditaments and appurtenances thereunto belonging or in any wise
appertaining in and to the above-described land and premises located in the
Laubner Addition of the City of Seward, Alaska.
DATED this
day of May, 1985.
CITY OF SEWARD, ALASKA
RONALD A. GARZINI
CITY MANAGER
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ATTEST:
LINDA S. MURPHY
CITY CLERK
(CITY SEAl)
STATE OF ALASKA )
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THIRD JUDICIAL DISTRICT )
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THIS IS TO CERTIFY that on the day of May, 1985, before me,
the undersigned Notary Publ ic in and for the State of Alaska, personally
appeared RONALD A. GARZINI and LINDA S. MURPHY, to me known and known to me
to be the City Manager and City Clerk, respectively, of the City of Seward,
Alaska, and they acknowledged to me that the foregoing instrument was
executed by them in their official governmental capacity, and that they
executed, the same pursuant to the authorization of the City of Seward,
Alaska; that the same was executed as the free and voluntary act and deed
of the City of Seward, Alaska, for the uses and purposes therein mentioned,
and that the seal affixed hereto is the corporate seal of the City of
Seward, Al aska.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year hereinabove written.
NOTARY PUBLIC IN AND FOR STATE OF ALASKA
My Commission Expires:
OUIT CLAIM DEED - PAGE 'TWO OF 'TWO PAGES
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Assessor's Map
Kenai Peninsula Borough, Alaska
NOTE - Assessor's Block Numbers Shown in Ellipses
Assessor's Parcral Numbers Shown in Circles