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HomeMy WebLinkAboutRes1992-058 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 92-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE ACQUISITION OF PARCEL NO. 79 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 linej and WHEREAS, right of way is required across Tract H, Old Mill Subdivisionj and WHEREAS, the portion of the parcel required for the right of way includes most of the developable landj and WHEREAS, construction of the transmission line will seriously diminish the value of the remaining propertyj 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 lotsj and WHEREAS, the price set by the owner of the property for fee simple purchase has been determined to be reasonablej 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 propertyj 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 Tract H, Old Mill Subdivision, for transmission line right of way. 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 . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 92-058 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 27th day of April, 1992. THE CITY OF SEWARD, ALASKA /-' /' L I /~ 77 C~l.:i(/ Y7 Donald W. Cripps, Mayor AYES: NOES: ABSENT: ABSTAIN: Bencardino, Crane, Cripps, Krasnansky, Swartz, White None Dunham None A TrEST: APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 2J.1lt~ Fred B. Arvidson City Attorney (City Seal) . . . AGREEMENT FOR PURCHASE AND RIGHT-OF-ENTRY THIS AGREEMENT is made this "Z 7~ day of /)p....f , 1992, and is between the City of Seward, an Alaska home rule Municipality, ("City") and the following person(s) ("Seller"): Elaine B. Stallings, as to an undivided t interest Trustee of the Alton Curran Stallings Declaration of Trust, as to an undivided t interest James S. Fuzzard and Hilda Lou Fuzzard, husband and wife as tenants by the entirety with right of survivorship, as to an undivided * interest whose address for this Agreement is : c/o Elaine B. Stallings Box 561 Seward, Alaska 99664 Seller owns the following described real property ("property") located in the Seward Recording District and more particularly described as follows: Tract H of Old Mill Subdivision according to Plat No. 93 filed on March 14, 1974 in the Seward Recording District, Third Judicial District, State of Alaska. By resolution, the City Council of the City of Seward has determined that the acquisition of the property is necessary for the construction and improvements to the city-owned and operated electrical utility system. Seller agrees to sell the property to City for Fifteen Thousand Dollars ($15,000.00) cash, payable by down payment of $3,750.00 upon execution of this Agreement and the balance of $11,250.00 upon closing. City's obligation to purchase is conditioned upon approval of this Agreement by the City Council of the City of Seward and is further subject to the referendum process as set forth in the charter and ordinances of the City of Seward. Seller agrees to transfer the property by Warranty Deed to the City free and clear of all encumbrances and restrictions of record. (L q J. ~ o'S'f .D<{).-~l . . . Closing shall take place at the offices of TransAlaska Title Insurance Agency of Seward Inc., 909 3rd Avenue, Seward, Alaska 99664 on or after June 11, 1992, and only upon satisfaction of all conditions and reQUirements of this Agreement. The closing agent (TransAlaska Title Insurance Agency of Seward Inc.) shall be responsible for clearing all record encumbrances from the property at closing, including, where applicable lien releases, reconveyances of Deeds of Trust or other restrictions. If required by the closing agent, Seller shall sign other disbursement instructions to be prepared by the closing agent. Seller understands that during the period of time between execution of this Agreement and the closing of the purchase, construction of the City's transmission line project is scheduled to begin. Seller hereby grants to the City the immediate right to enter upon the SUbject property for the purposes of constructing said transmission line. The City agrees to hold Seller harmless from any and all claims, if any, that may arise as a result of the City's transmission line construction activities on the subject property prior to closing. Possession is to be transferred on closing, with proration of any applicable taxes, assessments, insurance, utilities or other charges against the property. City shall obtain title insurance at its own expense, and City's obligation to purchase shall be conditioned upon obtaining a title insurance policy insuring City's ownership of the property free and clear of any and all encumbrances. All other closing costs shall be paid by the City. Each party shall pay its own attorney fees. This Agreement shall be attached to a resolution to be approved by the City Council only after public hearing. CITY OF SEWARD, ALASKA Approved as to form: ~ PERKINS COIE ~~n~ C~ty Attorneys for the ~ C~ty of Seward Ci ty nager ..~"~ M c::i-. ::\';'-O~ ~r,- ~. Arvidson ._' ~\~ ~~50'';4..:.11>,^\ , v .' c; rA',";' . . .:,~ ""0'. ~ -.- ".;..:: SEA.L j-g , . -_ .: i~ ~' ". "(" ~"" .~. ~ o cl'....}~'1' 1..\:......'-."'. " '-"1)0 ..,..,.";;1- e,;~ . 'f OF p..\.~" ,.' '--'-.-_.._.-:-;'...,11 . . . . SELLER(S) ~~~C<<~ _ Trustee of the ~~ Alton Curran stalli~ Declaration of Trust .~ STATE OF ALASKA ) ) SSe THIRD JUDICIAL DISTRICT ) The foregoing instrument was ac day of ~ ' 1992, by I before me this ~ allings. and for Alaska. pires: (..- /1- ?--t.,:' \ \ < STATE OF GEORGIA COUNTY OF CO Vv ~ ..tAr ) ) ss. ) -'} 'I t}.. before me th~~~ . ~~ -,... .....,'.: The fore~o!~~Cinstrument was aCknowledged day of ~ ' 1992, by . .;vi, Notary Public My commission -3- ."""""1 ( - ~ "-,., .,. I iP.ES,lPPl,2:', . ,X~ . STATE OF ALASKA ) ) ss. FOURTH JUDICIAL DISTRICT ) ,.", The for~~ing instrument was acknowledged day of ~;('( L. , 1992, by James S. F ........ '''D before me this!Z13 1'_ . -~ d. J . /. STATE OF ALASKA ) ) SSe FOURTH JUDICIAL DISTRICT ) The fOr~Oing instrument was acknowledged before me thi~$.:~ day of _1'1(/ L , 1992i;tbY H' Ida Lou FUZ~. .... .. '", ~4d-/~'j Nary Pub11c in and for Al1-~~ My commission expires: ~"itf~ . -4- .