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HomeMy WebLinkAboutRes1992-047 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 92-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE ACQUISITION OF PARCELS 18-20 TO PROVIDE RIGHT OF WAY FOR THE SEWARD TRANSMISSION LINE AND AUTHORIZING A RIGHT OF ENTRY PERMIT GIVING THE CITY IMMEDIATE ACCESS PENDING FINAL DISPOSITION OF THE PROPERTY WHEREAS, the Seward Electric Utility is replacing the existing electrical transmission line with a new transmission line; and WHEREAS, right of way is required across portions of Lots 5, 6 and 7; McBride Subdivision; and WHEREAS, there is no record that an easement across these lots was obtained when the original transmission line was constructed in the late 1950's; and WHEREAS, the portion of the lots required for the right of way include most of the developable land, and the balance of the property is classified as wetlands; and WHEREAS, construction of the transmission line across virtually all of the developable portion of the property will deprive the owner of any use of the remaining property; and WHEREAS, the owners have demanded that the city purchase the entire lots in fee simple and will not agree to an easement across the lots; and WHEREAS, a reasonable value for the lots has been determined by averaging applicable land values; and WHEREAS, so as not to delay the construction contractor, it is necessary to obtain a right of entry permit prior to closing due to the timer required to comply with city procedures for the acquisition of real property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to proceed with the acquisition of Lots 5, 6 and 7; McBride Subdivision. . . CITY OF SEWARD, ALASKA RESOLUTION NO. 92-047 Section 2. A public hearing shall be scheduled as soon as possible to solicit public comment regarding the proposed land acquisition. Section 3. The City Manager is further authorized to obtain a Right of Entry Permit for immediate access to the subject property pending final closing by paying to the owners 25% of the agreed upon purchase price, with the remaining 75% to be paid at the time fee title is conveyed to the city of Seward. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of April, 1992. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ~~ c::'n, I' ~{~ (/ [ ~ ,~~ Donald W. Cripps, Mayor Bencardino, Crane, Cripps, Dunham, Krasnansky, Swartz, White None None None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska . (City Seal) ~AI~ Fred B. Arvidson City Attorney