HomeMy WebLinkAboutRes1980-024
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5/12/80
CITY OF SEWARD, ALASKA
RESOLUTION NO. 80-24
A RESOLUTION APPROVING A LAND EXCHANGE OF CITY PROPERTY
FOR A PARCEL OWNED BY MIKE MEEHAN IN THE VICINITY OF
LOT 5, BLOCK 4, OCEANVIEW SUBDIVISION AND AUTHORIZING
THE CITY MANAGER TO NEGOTIATE THE EXCHANGE
WHEREAS, the City of Seward is owner of the strip of land,
35 feet wide. lying immediately north of Lot 5 of Block 4, of Ocean-
view Subdivision; and
WHEREAS, the City is in need of the final ten feet on the east-
ern end of that Lot 5 for expansion of a public alley to meet uniform
alley wid th; and
WHEREAS, the owner of that Lot 5 has proposed to give the City
the eastern ten feet of that Lot in exchange for that 35 foot strip of
land owned by the City; and
WHEREAS, the City Council hereby finds that this 35 foot strip
has not previously been dedicated to any public use; and
WHEREAS, the City Council hereby finds that the exchange of
that northern~35foot strip for the acquisition of the eastern 10 foot
strip to expand the public alley is in the public interest; and
WHEREAS, the City Council hereby further finds that such the
dispositon of the City-owned land described above by public sale is not
in the public interest and that exchange by negotiation with Mr. Meehan
is in the public interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Seward, Alaska that:
Section 1. The City Manager is hereby authorized and directed
to negotiate the exchange of the City-owned 35 foot strip of land lying
immediately north of Lot 5, Block 4, Oceanview Subdivision for the 10 foot
strip of land lying on the eastern boundary of that lot according to
the terms and conditions set forth in the "Contract Providing For Exchange
of Properties" attached hereto and incorporated therein by reference.
Section 2. This exchange shall not be made until Mr. Mike
Meehan tenders to the City clear title to the eastern 10 foot strip of
Lot 5, Block 4, Oceanview Subdivision.
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CONTRACT PROVIDING FOR EXCHANGE OF PROPERTIES
AGREEr-1ENT HADE this
day of May, 1980, by and
between the City of Seward, Alaska, a municipal corporation
organized and existing under the laws of the State of Alaska
(hereinafter called "CITY") and Mike Meehan of Seward, Alaska
(hereinafter called "MEEHAN").
WIT N E SSE T H:
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WHEREAS, MEEHAN is the owner of Lot 5 of Block 4 of
Oceanview Subdivision, which is bounded on the east by an
alley; and
WHEREAS, CITY is the owner of land lying immediately
north of Lot 5 of Block 4 of Oceanview Subdivision; and
WHEREAS, an earlier error in the platting of that Lot
5 caused its eastern boundary to extend into the alley for a
distance of 10 feet, such extension outlined in red on the
attached Exhibit A which is incorporated herein by reference;
and referred to herein as "PARCEL ONE"; and
WHEREAS, r.1EEHAN desires to acquire a strip of land
extending north from his Lot 5 a distance of 35 feet to enhance
the value of his Lot 5, such parcel having an eastern and
western boundary lying 35 feet in length and a northern and
sourthern boundary 110.8 feet in length as outlined in green on
the attached Exhibit A and hereinafter called "PARCEL '!WO"; and
WHEREAS, MEEHAN has offered to convey PARCEL ONE to
the CITY in exchange for PARCEL TIvOi and
WHEREAS, the City Counc il for CITY has approved
Resolution No.
providing for the disposition. of PARCEL
TI10 in exchange for PARCEL ONE:
NOW, THEREFORE, IT IS AGREED by and between the
parties as follows:
1. EXCHANGE. NEEHAN hereby agrees to convey to CITY
PARCEL ONE as described above in exchange for PARCEL ~~O. The
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1 CITY hereby agrees to exchange its PARCEL TWO for PARCEL ONE
2 owned by MEEHAN.
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2. Each party hereby agrees to execute a deed to the
4 other for the properties described above. Each deed shall
5 contain a property description as drafted by the City Engineer
6 for the CITY of Seward.
7 IN WITNESS WHEREOF the parties hereto set their hands
. and '.seals' this
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day of May, 19B~.
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CITY OF SEI"iARD
lUKE MEEHAN
By
City Manager
STATE OF ALA~KA )
) 55.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of May,
1980, before me, the undersigned, a Notary Public in and for
the State of Alaska duly commissioned and sworn as such,
personally appeared C. E. JOHNSON to me known to be the City
Manager of the City of Seward, Alaska, and he acknowledge to me
that the foregoing instrument was executed by him in his
official corporate municipal capacity, and that he executed. the
same,:pursuant to the' author izatfon of. the common Council of the
CityoLSe\"ard, Alaska, that the same ,was-executecras'the:~fre'~c..:::~~:
andvoluntary act and deed of the municipal corporationc.foro:-,the -:',.
uses-and ..purposes therein mentioned, nand'he-c'on-c"oath '.sta ted~;:::::c:'--:::.5:,.,'-
himself to be authorized by said municipal corporation to
execute the foregoing instrument, and that the seal affixed
hereto is the corporate seal of said municipality.
WITNESS my hand and notarial seal the day and year
26 first above written.
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Notary Public in and for Alaska
My Commission expires:
STATE OF ALASKA )
30 ) ss.
THIRD JUDICIAL DISTRICT )
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THIS IS TO CERTIFY that on this day of May,
1980, before me, the undersigned, a Notary Public in and for
the State of Alaska, personally appeared MIKE MEEHAN, to me
known and known to me to be the individual named in and who
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City 0+ Seward, Alaska
Resolution No. 80-24
Page Two
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 12th day of May, 1980.
AYES:
NOES:
ABSENT:
Cripps, Gillespie, Hugli, Soriano
None
Campbell, Leer, Swartz
ATTEST:
(City Seal)
CITY OF SEWARD, ALASKA
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Raymo L. Hug1i
Mayor'
APPROVED AS TO FORM:
CRANSTON, WALTERS, DAHL & JARRELL
Attorneys for the City of Seward, Alaska
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Ranald H. Jarrell .