HomeMy WebLinkAboutRes1994-065
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Sponsored by: Jones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-065
ARESOLUTIONOFTImCITYCO~CaOFTImCITY
OF SEWARD, ALASKA, ACCEPTING TIm CORPS OF ENGINEERS
CONSENT AGREEMENT ALWWlNG TIm CITY CERTAIN RIGHTS
ASSOCIATED WI1H TIm TIDELANDS WITHIN TIm SEWARD
SMALL BOAT HARBOR
WHEREAS, in August 1965, the city of Seward (City) issued a quitclaim deed to the
United States Government for 71.63 acres, more or less, of tidelands upon which to construct
a new small boat harbor basin; and
WHEREAS, staff background review of a lease proposal revealed an error in the land
ownership created by the 1973 subdivision of adjacent uplands and tidelands into the Seward
Industrial Park which inadvertently included portions of the tidelands deeded to the U. S.
Government in 1965; and
WHEREAS, an inquiry into correcting this matter has resulted in the Corps of Engineers
issuing a consent document that will allow the city to manage and lease the tidelands associated
with the Small Boat Harbor;
NOW, THEREFORE, BE IT RESOLVED BY TIm CITY co~ca OF TIm
CITY OF SEWARD, ALASKA, that:
Section 1. The city of Seward accepts the Consent Agreement issued by the Alaska
District Corps of Engineers giving the city the right to use, operate, maintain, control and repair
the approximately 71.63 acres of tidelands associated with the Seward Small Boat Harbor.
Section 2. A copy of the Consent Agreement is attached and incorporated herein by
reference.
Section 3. This resolution shall take effect 30 days after passage and posting as required
by law.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
23rd day of May, 1994.
TIm CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-065
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski
None
None
None
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
~f~
City Attorney
(City Seal)
DEPARTMENT OF THE ARMY
u.s. ARMY ENGINEER DISTRICT, ALASKA
P.O. BOX 898
ANCHORAGE, ALASKA 99506-0898
April 29, 1994
CERTIFIED MAIL
Real Estate Division
Management & Disposal Branch
Kerry T. Martin
Community Development Director
City of Seward
Post Office Box 167
Seward, Alaska 99664
Dear Mr. Martin:
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This is in reference to the request dated March 1, 1994, by the City of Seward to lease
the small boat harbor from the U.S. Army Engineer District, Alaska. After further review of
the original documents authorizing construction of the harbor, to which both the United States
Government and the City of Seward are parties, a decision was made that a formal lease is
not necessary to obtain the objectives set forth therein. In lieu of a lease document, the U.S.
Army Engineer District, Alaska, has determined that consent is sufficient authorization for the
City to continue operation of that portion of the harbor under Corps jurisdiction.
Accordingly, the Alaska District hereby consents to the City of Seward the right to use,
operate, maintain, control and repair the Seward Small Boat Harbor, together with the right
of ingress and egress thereto. The lands for the purpose of this consent are identified as
Acquisition Tract No. 100, located as shown in red on Exhibit A and specifically described
on Exhibit B, both attached hereto and made a part hereof.
a. That it is understood that this consent is effective only insofar as the property rights
of the United States in the land to be occupied are concerned.
b. That the City of Seward will continue to provide and maintain suitable mooring
facilities and utilities, including a public landing with suitable supply facilities open to all on
equal terms.
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c. That the exercise of the privileges hereby consented to shall be without cost or
expense to the Government.
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d. That construction and/or operation, maintenance and use of the boat harbor incident
to the exercise of the privileges hereby granted shall be in such a manner as not to conflict
with the rights of the Government, nor to interfere with the operations by the Government
under such rights, nor to endanger lives and safety of the public.
e. That this consent may be terminated by the Secretary of the Army upon reasonable
notice to the City of Seward for failure to comply with any and all of the provisions and
conditions of the consent, or for nonuse for a period of two years, or for abandonment.
f. That the terms and conditions of this consent shall extend to and be binding upon the
successors and assigns of the City of Seward, Alaska.
g. That no addition to or alteration or improvement of the structure shall be made
without prior written authorization from this office.
h. That the City of Seward, within the limits of its respective legal powers, shall
comply with all Federal, state, borough and/or local governmental regulations, conditions or
instructions for the protection of the environment and all other matters as they relate to real
property interests granted herein.
i. That the right is hereby reserved to the Government, its officers, agents and
employees to enter upon the said premises at any time for the purpose of inspection and when
otherwise deemed necessary for the protection of the interests of the Government, and the
City of Seward shall have no claim of any character on account thereof against the
Government or any officer, agent or employee thereof.
j. That use and occupation of said harbor area incident to the exercise of the privileges
hereby granted shall be subject to such rules and regulations as the Government may from
time to time prescribe.
k. That the City of Seward may sublet portions of this tract, subject to the Alaska
District Engineer's review and approval. Approval is hereby given for the City of Seward to
issue a lease to Robert H. Ferguson III for the construction of a facility as proposed in the
City's March 1, 1994, letter. Please provide this office with a copy of the lease.
For control purposes, this consent is assigned the following number: DACW85-9-94-40.
Please refer to this number in all future correspondence or other transactions involving the
use of the boat harbor.
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If you need additional information or further clarification, please contact Angie Gori at
753-2845.
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Enclosures
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Dennis E. Klein
Chief, Real Estate Division
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Seward Small Boat Harbor
Tract 100
LEGAL DESCRIPTION
A parcel of land located at 3 E".rard , Alaska, in the
Third State Judicial District and being more specifically
described as follows:
Cow~encing at Corner No.1 (the Southeast corner)
of U.3. Survey No. 241; thence S. 610 37' W.,
172.76 feet along meander Course No.1 of said
survey to meander corner, thence S. 7~ ~., 1160
feet, more or less, to the intersection of the
Eas t boundary of The Alaska RaUroad right of ,'laY,
said point of intersection being the True Point /'1.
of I3eginning for thi:3 descrip tion; thenc e Ea~ t,
1150 feet; thence South, 3.100 feet; thence \vest,
650 feet; thence North 950' feet; thence #est, 450
feet, more or less, to the East boundary of The
Ala:jka Railroad ri~ht of way; thence NortherJy,
2150 feet, more or less, along said right of way
to the True Point of Beginning for this descrip-
tion. Containing 71.63 acres, more or less.
EXHIBIT B