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HomeMy WebLinkAboutRes1980-024 r'-- I ,RIP; kl r 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. r"-' .. I.~-- 1 2 3 4 5 6 7 8 9 10 11 12 .J .J 13 w n: n: <( 14 , cll"O " '" J "l ~ 15 It'l J: III <( ~ w <( t >t '" 00:1(1)0> 16 _ .. IIJ <( '"; ~Ul.=..J<O ~n:w<('" o llJ W .., 17 a:1:J-. ~ ~ 1-"'" <<{U)~g J:;.,xo- 18 ::> :I: .!! u z" z 0 <( J- 19 tIl z <( n: 20 u 21 22 23 24 25 26 27 28 29 30 I , f 31 I 32 I l I I I c C 10,c/-"c'c, 5/12K " 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: ---------- 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 ~~~_ ~_~<:~_-~~~~:c--~8 ~ ~ - .--.- -.. ;0. ___'__'___ 9 10 11 12 ..J ..J 13 w a: a: ~ 14 ..., clSl'O 0'" J~g; 15 U) :c t.I <! .,. W ~ t: ~ '" o 0 :l II> '" 16 - . (I) <: "'; l&.(J)t=JCO h.o::w<f' o 1tI III . Ol 17 ~~~~S <( ~.. '" '" .J :i: " 0- 18 o J: . r U z..z 0 <( I- 19 Ul z ~ a: 20 u 21 ".-,~.~.,.-",~"22 . - ....'---- --_.-.-._- ~~. ,:":;:,': 'C: -:.c' 23 24 25 1 CITY hereby agrees to exchange its PARCEL TWO for PARCEL ONE 2 owned by MEEHAN. 3 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 ~.~<-.r-_~...-__"" ~"'..... day of May, 19B~. _ _~. _..w.... ..___~__ - - ----- '--' 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. 27 28 29 Notary Public in and for Alaska My Commission expires: STATE OF ALASKA ) 30 ) ss. THIRD JUDICIAL DISTRICT ) 31 32 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 r- - 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 /.t: Il / Raymo L. Hug1i Mayor' APPROVED AS TO FORM: CRANSTON, WALTERS, DAHL & JARRELL Attorneys for the City of Seward, Alaska -#~tI-P; 9~J1 Ranald H. Jarrell .