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HomeMy WebLinkAboutRes1978-039 r ~ CITY OF SEWARD, ALASKA RESOLUTION NO. 78-39 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE THE DISPOSITION OF REAL PROPERTY IN THE MARATHON ADDITION AND RESCINDING RESOLUTION NOS. 78-23, 78-25 AND 78-37 WHEREAS, the City of Seward is committed to the development of additional housing for the elderly, and WHEREAS, Resolution Nos. 78-23, 78-25 and 78-37 authorized the City Manager to negotiate for the disposition of City-owned property in the Marathon Addition and Jesse Lee Heights subdivision, respectively, for sale to the Alaska State Housing Authority for construction of senior housing units, and WHEREAS, the City owns real property located within the City limits of Seward, hereinafter referred to as the "Property", in the Marathon Addition and more particularly described as follows: A plot of land in the Marathon Addition to the Seward Townsite, Township 1 South, Range 1 West, Seward Meridian, Alaska, consisting of Lots 4, 5, 11, and 12 according to the Plat thereof, filed as Plat No. 19 on August 14, 1952, in the Seward Recording District, Third Judicial District, State of Alaska and a vacated portion of Lowell Street more particularly described as follows: Beginning at the westerly corner of Lot 5 Thence N 23057'30" W 50 feet to the southwesterly corner of Lot 11, thence N 66002'30" E 117.49 feet to the point of curve thence 34.38 feet along a curve to the right having a radius of 311.48 feet, thence S43010'08" E 56.39 feet to the northerly corner of Lot 4 thence 53.23 feet along a curve to the left having a radius of 261.48 feet thence S66002'30" W 117.49 feet more or less to the point of beginning; the combined total of the lots and vacated street being 1.0393 acres more or less. r~--~--------------_.._--- I ! IN WITNESS I^lHEREOF, the parties hereto have hereunto set their hands and seals this day of 1978. GRANTOR: CITY OF SE\vARD, ALASKA By Clarence E. Johnson, City Manager ATTEST: JOANNE E. SHANLEY City Clerk-Treasurer (CITY SE^L) GRANTEE: ALASKA STATE HOUSING AUTHORITY By Title ATTEST: By Title STATE OF ALASKA ss. THIRD JUDICI^L DISTRICT TIllS IS TO CERTIFY that on this day of 1978, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared CLARENCE E. JOHNSON, known to me and to me known to be the CITY !1^NAGER of the CITY OF SElvARD, ALASKA, and he acknowledged to me that he executed the above and foregoing document for and on behalf of said City; and further appeared JOANNE E. SHANLEY, known to me and known to me to be the CITY CLERK-TREASURER of the CITY OF SEI-lARD, ALASKA, and she <lcknowledged to me that she attested to the signature of CLI\RElJCE E. JOHNSON, and, further, both Po.,e 2. of IE ~4,i;1 V',4 ~ -2- r QUITCLAIM DEED THE CITY OF SEWARD, ALASKA, a municipal corporation organized under and operating pursuant to the laws of the State of Alaska, hereinafter referred to as the "Grantor", for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby convey and quitclaim to the ALASKA STATE HOUSING AUTHORITY, hereinafter referred to as "Grantee", its successors and assigns, all of the Grantor's interest in the following described real property situated in the Seward Recording District, Third Judicial District, State of Alaska, more particularly described as follows: A plot of land in the Marathon Addition, to the Seward Townsite, Township 1 South, Range 1 West, Seward Meridian, Alaska, consisting of Lots 4, 5, 11, and 12, according to the Plat thereof, filed as Plat No. 19 on August 14, 1952, in the Seward Recording District, Third Judicial District, State of Alaska, and a vacated portion of Lowell Street more particularly described as follows: Beginning at the westerly corner of Lot 5; thence N 23057'30" W 50 feet to the southwesterly corner of Lot 11; thence N 66002'30" E 117.49 feet to the point of curve; thence 34.38 feet along a curve to the right having a radius of 311.48 feet; thence S 43010'08" E 56.39 feet to the northerly corner of Lot 4; thence 53.23 feet along a curve to the left having a radius of 261.48 feet; thence S 66002'30" W 117.49 feet more or less to the point of beginning; the combined total of the lots and vacated street being 1.0393 acres more or less. This deed is made on the condition that the above described property shall be used as a site for the erection of a facility for: (1) the use or occupancy by elderly persons, or (2) any other public purpose for which prior consent of the Grantor is sought and obtained by the Grantee. Such consent shall not be unreasonably withheld. Grantee's failure to seek and obtain such prior consent shall give the Grantor the right to reenter and retake said property for condition broken. Said property shall revert to the Grantor if any such facility is not started by January 1, 198~ and substantially completed by January 1, 1984. Furthermore, in the event that Grantee desires to resell said property to any person or entity, Grantee shall first give Grantor a reasonable opportunity to repurchase said property for the lesser of: (1) the initial purchase price of the real property plus the fair market value of any improvements thereon, or (2) the amount agreed upon as the purchase price for said property, at the time of resale, by and between Grantee and any third party purchaser. This grant is subject to all utility easements of record. Page 1 of Exhibit "A" -1- r , individuals acknowledged to me that they executed said documer.t for and on behalf of the said City and they further acknowledged to me that they had the power and authority to do so as granted to them by said City. IN WITNESS \'nIEREOF, I have hereunto set my hand and official seal the day and year first hereinabove set forth. THIS IS TO CERTIFY that on this day of 1978, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , known to me and to me known tob-e thc-- of the ALASKA STATE HOUSING AUTHORITY, and he acknowledged to me that he executed the above and foregoing document for and on behalf of said ALASKA STATE HOUSING AUTIIORITY; and further appeared , known to me and to me known to be of the ALASKA STATE acknowledged tome that he attested to ; and further, to me that1:ney executed said docu- said ALASKA S'I'ATE HOUSING AUTHORITY to me that they had the power and to them by said ALASKA STATE HOUSING STATE OF ALASKA THIRD JUDICIAL DISTRICT the HOUSING AUTHORITY, and he the signature of both individuals acknowledged ment for and on behalf of the and they further acknowledged authority to do so as granted AUTHORITY. Notary Public in and for Alaska My Commission Expires: SSe IN WI'l'NESS I\THEREOF, I have hereunto set my hand and official seal the day and year first hereinabove set forth. flt1e 3 of E)(~,'Io,-l t'A#r Notary Publ~ln and for Alaska My Commission Expires: -3-