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HomeMy WebLinkAboutRes1981-001 r ETGPF 01/12., 8:L CITY OF SEWARD, ALASKA RESOLUTION NO,8l-l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DECLARING THAT AN APPRAISAL AND PUBLIC BID PROCEDURE FOR THE DISPOSITION OF CERTAIN INTERESTS IN LAND IS INAPPROPRIATE AND NOT IN THE BEST INTEREST OF THE CITY OF SEWARD. WHEREAS, for in excess of 5 years the City of Seward has been attempting to attract a Marine Industrial Terminal to Seward in order to create jobs and stimulate economy, and WHEREAS, the City of Seward has solicited various proposals from local, national and international firms but only one proposal has demonstrated substantial economic feasibility supported by various feasibility, marketing and engineering studies which proposal has been submitted by Veco, Inc, and WHEREAS, the City is disinterested as to who creates or operates the proposed Marine Industrial Terminal so long as the operation creates jobs, stimulates commerce and is in the public interest, and WHEREAS, Veco has expended well in excess of $100,000.00 for feasibility studies, marketing studies, engineering studies, and presentations and has demonstrated its interest and capability in carrying forward wi th a Marine Industrial Terminal in Seward, and WHEREAS, the City of Seward is considering negotiating a lease and license agreement with right of first refusal for certain real property more particularly described as: Tract 1 A tract of land situated in the fractional Section 18 TIS R1W of the Seward Meridian, Third Judical District, State of Alaska, Commencing from the Southeast Corner of said Section 18 TIS RIW Seward Meridian, Alaska, thence, NI0-46-33W a distance 2,221. 33 feet, more or less, to Corner Number 3, United States Survey 4827, said corner being also the True Point of Beginning; thence, North and along the East Line of the aforementioned U,S,S. 4827 a distance of 1,897.50 feet to the Northeast Corner of said U,S.S. 4827; thence, West and along the North Line of said U,S.S. 4827 a distance 1,060,00 feet; thence, South a distance 1,317.50 feet; thence, West a distance 140,00 feet; thence, South a distance 580,00 feet to a point on the South Line of said U, S. S. 4827; thence, East and along said South Line a di stance 1,200.00 feet to the True Point of Beginning; r= EXCEPT the North 200 feet of land adjacent to and parallel with the North Line of the aforementioned U.S.S. 4827, said tract exclu- sive of this exception containing, in all 43,17 acres, more or less. Tract Two Commencing from the Southeast Corner of said Section 18 TIS RlW Seward Meridian, Alaska, thence N10-46-33W a distance 2,221. 33 feet, more or less, to Corner Number 3, United States Survey Number 4827, said corner being also the True Point of Beginning; thence, South and along the extention of the East Line of the aforementioned U.S,S, 4827 a distance 415.00 feet, more or less, to the Corporate Boundary, presently existing, of the Incorporated City of Seward, Alaska; thence, West and along said existing Corporate Boundary to the Mean High Water Line and continuing beyond such that this course has a total distance 1,900,00 feet; thence, North and across presently submerged tidelands a distance of 415,00 feet, more or less, to a point on the extention of the South Line of said U,S,S, 4827; thence, East and along the aforementioned South Line extended and, subsequently, East and along the South Line proper a di stance 1,900.00 feet to the True Point of Beginning; and said tract including tidal accretions and presently submerged tidelands, having an area of 18,10 acres, more or less. Tract Three B Commencing from the Southeast Corner of said Section 18 TIS R1W Seward Meridian, Alaska, thence, N10-46-33W a distance 2,221,33 feet, more or less, to Corner Number Three, United States Survey Number 4827; thence, West and along the South Line of said U. S. S. 4827 a distance 1,200,00 feet to the True Point of Beginning; thence, continuing West and along said South Line to the Mean High Water Line and contin- uing beyond across presently submerged tide- lands along the extention of said South Line such that this course has a total distance 1,385.00 feet; thence, N20-06-45W a distance 500.00 feet across presently submerged tide- lands; thence, N69-53-15E a distance 140.00 feet across presently submerged tidelands; thence, S20-06-45E a distance 306.34 feet across presently submerged tidelands; thence, East a distance 300.14 feet across presently submerged tidelands; thence, North a distance 1,000.00 feet across presently submerged tidelands; thence, East to the Mean High Water Line and continuing beyond such that ~ this course has a total distance 360.00 feet; thence, South a distance 650.00 feet; thence East a distance of 660,00 feet; thence, South a distance 580,00 feet to a point on the South Line of said U, S, S. 4827; said point being also the True Point of Beginning, said tract containing in all, inclusive of tidal accretions and presently submerged tidelands, 22,00 acres, more or less, to Veco for the purpose of establishing a ship repair facility which in conjunction with a new city dock facility will be of substantial benefit to the City because it will create jobs and attract commerce, and WHEREAS, under the proposed lease to Veco, in order to stimulate development, the initial lease rate is low and increases are provided for by periodic appraisals after the expiration of the initial term or by other rental adjustment system which makes a present appraisal of the property prior to disposition unneces- sary and the public interest would not be served by such appraisal prior to lease, and WHEREAS, under the terms of a right of first refusal con- tained in the proposed Dock Permit any sales price will be con- trolled by market forces and will involve an appraisal unless the Ci ty Council determines that an appraisal is not in the best interests of the City, and WHEREAS, the construction of ship repair facilities on the premises proposed by lease to Veco is intimately tied to the construction and operation of city dock facilities and it is proposed that dock operation by Veco be tied to the premises lease in order to best serve the financial interest of the City of Seward and such a complex lease and licensing arrangement requires careful negotiation tailoring the contractual arrange- ments to the needs and abilities of the respective parties and accordingly disposition of the real property by way of public sale or offer would not be in the public interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Seward, Alaska that: Section 1. The City of Seward hereby determines that a disposition of the above-described real property by way of sealed bid would not be in the public interest for the reasons recited above and in accordance with Seward Code Section 2-92 the City Manager is authorized to negotiate a disposition of the above- described real property by way of lease to Veco subject to final approval by the City Council. ~ectt-,)n__~. The City of Seward hereby det~rmines that an appraisal prior to the disposition of the above-described real property would not serve the public interest and for the reasons set forth herein and in accordance with Seward Code Section 2-87 an appraisal is determined not to be in the public interest and that the public interest is adequately protected by the terms of the proposed disposal. r- PASSED AND APPROVED BY THE CITY COUNCIL SEWARD, ALASKA this 12th day of January , 1981. THE CITY OF ALASKA Soriano APPROVED AS TO FORM: Hughes, Thorsness, Gantz, Powell & Brundin, Attorneys for the City of Seward BY: Z41?/~