HomeMy WebLinkAboutRes1977-041
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10/10/77
RHJ:JES/jes
CITY OF SEWARD, ALASKA
RESOLUTION NO. 77- 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
AUTHORIZING THE CONDEMNATION OF CERTAIN PROPERTY LOCATED WITHIN THE TRACT
KNOWN AS THE JESSE LEE HOME PROPERTY AND AUTHORIZING
THE IMMEDIATE FILING OF A DECLARATION OF TAKING,
AMENDING RESOLUTION NO. 77-33
WHEREAS, the City Council of the City of Seward, Alaska, has earlier
accepted the recommendation of Arctic Environmental Engineers regarding the
installation of improvements to the City's water system, and
WHEREAS, the City Council has accepted the further recommendation of
Arctic Environmental Engineers that a pump station be located on the property
described below, and
WHEREAS, the City of Seward is the owner of said property, and
WHEREAS, the receipt by the City of a Federal grant to fund part of
the cost of said pump station is possible only if the City has clear and un-
disputed title to the property on which the facility is to be built, and
WHEREAS, other parties claim interest in the said land which cannot
otherwise be finally adjudicated prior to the deadline for the filing of the
application for the Federal grant, and
WHEREAS, the City Council finds it in the public interest to obtain
undisputed title to such land immediately to meet the conditions of the said
grant application, and
WHEREAS, the City Council of the City of Seward did, on August 15,
1977, pass and approve Resolution No. 77-33 regarding said condemnation pro-
ceedings; however, an error appeared in the legal description which must be
corrected;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Seward, Alaska, that:
(1) the City hereby exercises its power of eminent domain
with respect to the following property and directs that an im-
mediate declaration of taking be filed:
That certain real property located within the
Seward Recording District, Third Judicial District,
State of Alaska; a portion of U.S. Survey No. 241,
said parcel is part of Tract A of Jesse Lee Heights,
located in Section 34, TIN, RIW, Seward Meridian,
more particularly described as:
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Resolution No. 77 -41
Page Two
Beginning at a Brass Cap Monument at the North-
west corner of Jesse Lee Heights located along
First Avenue; thence S.89057'45"E. a distance of
369.97 feet, thence S.0001'16"W. along the westerly
right-of-way of Swetmann Avenue, a distance of
299.92 feet, said point being the POINT OF BEGINNING;
thence N.89057'45"W. a distance of 40.00 feet; thence
S.0001'16"W. parallel to right-of-way of Swetmann
Drive, a distance of 40.00 feet; thence S.89057'45"E.
a distance of 40.00 feet; theIice N.OoOl'16"E. along
westerly right-of-way of Swetmann Drive a distance of
40.00 feet to the Point of Beginning. Said parcel
contains 0.04 acres, more or less.
(2) the taking of this property immediatley is in the public interest
and the City Attorney is authorized and directed to file a Declaration of
Taking in accord with A.S. 09.55.420 and A.S. 09.55.430;
(3) the interests being condemned are those interests claimed by
Last Frontier, Inc. and Inn Seward, Inc. arising from an earlier deed
of the said property of the said City, default under the terms of which
by those corporations has caused the said property to revert to the City
and which is subject to the quite title action known as Case No. 77-2202
commenced by the City and now pending before the Superior Court, Third
Judicial District, State of Alaska. The other interest being condemned
is that Barnard-Marth-Kizer arising from the tenancy of Case No.77-4825
filed in the Superior Court, Third Judicial District, State of Alaska;
(4) the estimated just compensation for these interests is $1.00
each.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 10th day of October , 1977.
CITY OF SEWARD, ALASKA
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Raymon/L: Hugli I
Mayor
AYES:
NOES:
ABSENT:
CAMBPELL, GILLESPIE, HUGLI, LEER, MOTT, POTTS, AND VINCENT
NONE
NONE
ATTEST:
APPROVED AS TO FOR}!:
~E~
Jo nne E. Shanley
City Clerk-Treasurer
HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
(City Seal)
~...It//fV ~
Ranald H. Jarrel