HomeMy WebLinkAboutRes1983-051
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 83-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE SOLE SOURCE SALE OF
A PARCEL OF LAND TO THE SEWARD ELKS LODGE
WHEREAS, the City of Seward has been consistently attempting
to develop marine-related uses of public land adjacent to the Seward
Small Boat Harbor; and
WHEREAS, there is a need for the development of restaurant and
beverage services near the Small Boat Harbor; and
WHEREAS, it is the opinion of the City Council that the use of
public property near the Small Boat Harbor for essential private
commercial uses should be carefully reviewed to ensure that the limited
public land is used wisely; and
WHEREAS, the Seward Elks Lodge No. 1773 has for many years
been a civic leader in Seward and has organized and managed numerous
public service projects; and
WHEREAS, the Seward Elks Lodge has expressed a desire to
develop a restaurant, beverage, and meeting facility on public land near
the Small Boat Harbor; and
WHEREAS, the Seward Elks Lodge is a non-profit organization
dedicated to providing services to its members and the public; and
WHEREAS, a substantial proportion of visitors to Seward would
be able to utilize any Elks facility by reason of membership in the Elks
International, and such use would enhance tourism; and
WHEREAS, the Seward Elks Lodge has proposed to purchase the
parcel at fair market value and for cash; and
WHEREAS, the Seward Elks Lodge has agreed to restrict use of
the property to those activities which in the Council's opinion will
serve the public interest ultimately; and
WHEREAS, the Seward
construction of any permanent
for public use purposes; and
Elks Lodge has agreed that prior to
facilities the parcel will be used only
WHEREAS, the
continued public use
construction will also
and
public will benefit prior to construction by
of the property and subsequent use after
benefit the public interest as set forth above;
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CITY OF SEWARD, ALASKA
RESOLUTION NO, 83-51
WHEREAS, Section 2-92 of the City Code allows the City Council
to decide whether the public interest is best served by disposing of
real property by a method other than public auction or sealed bid;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. For the reasons set forth in the preamble to
resolution, it is in the public interest to sell to the Seward Elks
No, 1773, without public auction or sale by sealed bid, the
property generally described as follows:
this
Lodge
real
A portion of Block 6, OCEANVIEW SUBDIVISION, located
south of the Small Boat Harbor boat launch ramp
consisting of approximately 16,000 square feet as
shown on the sketch attached hereto as Attachment 1.
(Parcel may be redescribed subsequent to platting,)
Section 2. Pursuant to Section 2-92, the City Manager is
authorized and directed to negotiate a sale of the property at fair
market value, for cash, and with a restriction that the public use of
the property continue until such time as the Seward Elks Lodge has
commenced construction of a permanent restaurant, beverage and meeting
facility.
Section 3, The actual terms
documents relating thereto be the subject
as provided in Section 2-88 of the Seward
of
of a
City
the sale and the draft
public hearing with notice
Code,
Section 4. It is hereby determined to be in the public
interest, convenience and necessity of the people of the City of Seward
to permit the qualified electors to determine whether the sale of
property by the City of Seward to the Seward Elks Lodge No. 1773 as
negotiated by the City Manager is in the public interest.
Section 5. A special election is to be held on Tuesday,
October 4, 1983, in the City of Seward, Alaska, in conjunction with the
regular municipal election to be held on that date for the purpose of
submitting the following general proposition to the qualified electors
of the City of Seward. A majority of those electors qualified and
voting must vote in favor of the proposition for approval,
PROPOSITION NO,
Shall the City of Seward, Alaska, finalize the sale at fair
market value of the following described real property to the Seward Elks
Lodge No. 1773?
A portion of Block 6, OCEANVIEW SUBDIVISION, located
south of the Small Boat Harbor boat launch ramp and
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 83-51
consisting of approximately 16,000 square feet,
(Parcel may be redescribed subsequent to platting,)
Section 6, The foregoing proposition shall be printed on a
ballot which may set forth other propositions, and the proposition set
forth in Section 5 shall be printed in full and the following words
shall be added as appropriate and next a square provided for marking the
ballot:
PROPOSITION NO,
Yes
No
Section 7, A person may vote at this election who possesses
the qualifications set forth in AS 15,05.010 and who has registered
pursuant to Chapter 7 of Title 15 of the Alaska Statutes (AS 15,07,101,
et, seq,). The election shall be conducted in compliance with the
procedures established in Chapter 8 of the Seward City Code.
Section 8, Publication of this resolution shall be made by
posting a copy hereof on the City Hall bulletin board for a period of
ten (10) days following its passage and approval, In addition, copies
of the one-page summary, and copies of the entire agreement shall be
made available at the City Clerk's office for at lease thirty (30) days
preceding the date of the election,
Section 9. This resolution shall take effect immediately upon
its adoption,
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 8th day of August , 1983,
SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Cripps, Meehan, Wilson
None
Gillespie, O'Brien, Swartz
None
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 83-51
ATTEST:
(City Seal)
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APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
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Fred B. Arvidson
City Attorney
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 83-51
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ATTACHMENT 1.
AlASKA LAND SURVEYS
P.O. Box 1085
seward, Alaska 99664
(907) 224-3026
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 83-51
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STATUTORY WARRANTY DEED
The Grantor, the City of Seward, Alaska,for and in consideration of
the sum of TEN DOLLARS ($10.00) lawful money of the United States of
America. and other good and valuable considerations in hand paid,
conveys and warrants to Seward Elks Lodge No. 1773, an Alaskan
Corporation, and to its successors and assigns forever, the following
described real property situated in the Seward Recording District, Third
Judicial District, State of Alaska, and more particularly described as
follows:
(Description to be supplied at completion of
subdiViding and platting.)
Together with all and singular, the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining, and
subject in the rights and reservations expressed in patent to said land,
existing easements for roads, power, lights and other utilities and
restrictions of record, and to encroachments ascertainable by physical
inspection of the property. (Other restrictions or conditions of sale
may be added.]
DATED at
, Alaska, this
day of
, 1983.
THE CITY OF SEWARD, ALASKA
By
Its
STATE OF ALASKA
ss.
I THIRD JUDICIAL DISTRICT
ii' THIS IS TO CERTIFY that on this day of
1983, before me, the undersigned Notary Public in and for the State of
Alaska, duly commissioned and sworn as such, personally appeared
, known to me and to me known to be
the individual named in and who executed the foregoing instrument, and
he acknowledged to me that he had signed and sealed the same as his
voluntary act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first hereinabove written.
NOTARY in and for Alaska
My Commission Expires:
APPROVED AS TO FORM:
HUGHES. THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
Fred B. Arvidson, City Attorney
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