HomeMy WebLinkAboutRes1977-048
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11/10/77
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 77-48
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE
WITH THE ALASKA RAILROAD
WHEREAS, The Seward City Council has determined that the City would
derive substantial benefits from the extension of the Alaska Railroad to the Small
Boat Harbor, and
WHEREAS, City is owner of land across which the extension would be con-
structed, and
WHEREAS, The Alaska Railroad is the owner of real property adjacent to
the City-owned real property across which the railroad extension would be constructed,
and
WHEREAS, The Alaska Railroad has proposed to exchange use of its real pro-
perty for the use of the City's real property and to proceed to construct the rail-
road extension across the City's real property without cost to the City, and
WHEREAS, City Council finds that the said real property is not dedicated to
public use.
NOW THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized
and directed to negotiate and enter into a lease agreement with the Alaska Railroad
in substantially the same form as that set forth in the attached lease, a copy of which
is attached hereto as Exhibit One and incorporated herein by reference.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 14th day of November ,1977.
CITY OF SEWARD, ALASKA
~ ell/{(
Raym, d L. Hugli.
Mayor
AYES: CAMPBELL, GILLESPIE, HUGLI, LEER, POTTS AND VINCENT
NOES: MOTT
ABSENT: NONE
ATTEST:
APPROVED AS TO FORM:
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J Anne E. Shanley
City Clerk-Treasurer
HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
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Ranald H. Jar ell
(City Seal)
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DE?ARn.1E~.T OF TRAN' JRTATJON
FEDERAL. RAIL.ROAD Am ..:iTRATlON
THE ALASKA RAILROAD
Pouch 7,2111
AnchoraS8. Alaska 99510
Contract
N~ E~~1~~-R044
A G R E E MEN T
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JUN 111979
~THIS AGREEHENT, made and entered into this_..~~OFd~W~
, 1979, by and between THE UNITED STATE~~~A, DEPART-
ENr-OF T~~SPORTATION, FEDERAL RAILROAD ADMINIST~~TION, THE ALASKA RAILROAD,
Pouch 7-2111, Anchorage, Alaska, 99510, hereinafter called "Railroad" and
CITY OF SEHARD, P. O. Box 337, Se\vard, Alaska, 99664, hereinafter called
"City."
WITNESSETH:
HHEREAS, The Alaska Railroad is desirous of acqu~nng rail access
to the City of Seward's property in order to be able to provide railcar service
to industries situated on the City's property; and
lI'HEREAS, the City is desirous of using a portion of the Railroad's
mainline track right-of-way in conjunction with the Small Boat Harbor operation;
and
WHEREAS, the City and the Railroad have verbally agreed to exchange
free-of-charge uses of the respective lands.
NOW, THEREFORE, e'ffective the day and year first above written the
parties hereto agree as follows:
1. The Railroad hereby grants to the City of Seward a permit to
use that portion of the Railroad's mainline right-of-way as shown on the
print attached hereto, free-of-charge for a period of fifty-five (55) years.
2. The City hereby grants to the Railroad a track right-of-way,
as shown on the print attached hereto, free-of-charge, for a period of fifty-
five (55) years.
3. The City agrees, at its 8~1 expense, to remove all poles or
other structures located within said right-of-way.
4. The Railroad will, at its own expense, pick up its rail and
ties presently existing on the Railroad's land.
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