HomeMy WebLinkAboutRes1991-104
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE ACQUISITION
OF PRIVATE PROPERTY LOCATED WITHIN THE FOLZ
SUBDIVISION FOR CONSTRUCTION OF AN ELECTRICAL SUBSTATION
WHEREAS, the city of Seward desires to construct a 115KV
transmission line from Lawing to Ft. Raymond Substation; and
WHEREAS, the city's land acquisition contractor, Landfield
Services, Inc., has concluded negotiations for the acquisition of
approximately 1.84 acres of land located in the Folz Subdivision
for the construction of an electrical substation; and
WHEREAS, construction of a step-down substation at this
location will eliminate the additional cost of modifying the Ft.
Raymond Substation to accommodate the 115KV line; and
WHEREAS, a Statement of Value of the subject property revealed
that the negotiated purchase price approximates the fair market
value of the property; and
WHEREAS, a duly advertised public hearing has been conducted
on the acquisition of the subject property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Agreement for Purchase of real property
located at Lots 6, 7, 8, and 9, FOLZ SUBDIVISION, according to the
plat thereof filed as Plat 24, on March 9, 1954, in the Seward
Recording District, Third Judicial District, State of Alaska, by
and between the city of Seward, purchaser, and Larry K. Evarts,
vicky White Evarts, William D. Evarts, and Agnes Marie Evarts,
sellers, for a purchase price of $180,000, is hereby APPROVED. A
copy of the Agreement is attached and incorporated herein by
reference.
Section 2. The City Council further finds that it is in the
public interest to waive appraisal of the subject property prior to
its acquisition.
Section 3. This resolution shall take effect thirty (30) days
following passage and posting as required by law.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 9th day of September, 1991.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-104
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THE CITY OF SEWARD, ALASKA
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David L. Hilton, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Hilton, Krasnansky, Sieminski & Simutis
None
Dunham & Meehan
None
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
f~~...i~
Ar<---Linda S. Murphy, CMC/AAE
. City Clerk
(City Seal)
7~J4~
Fred B. Arvidson
City Attorney
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R.o~D I u + 11i\I\. 't (-104
A-e~v...v~S
AGREEMENT FOR PURCHASE
(Standard Form Intertie project)
THIS AGREEMENT is made this t:!2? 7/1 day of /J L;
1991, and is between the city of Seward, an Alaska~~
municipality, ("City") and the following person(s) ("Seller"):
Larry K. Evarts, a married man and husband of Vicki White
Evarts, of Seward, Alaska;
Vicky White Evarts, a married woman and wife of Larry K.
Evarts, of Seward Alaska; and
William D. Evarts, a married man and father of Larry K.
Evarts, of Box 537, Sweet Home, Oregon 97386.
Agnes Marie Evarts, a married woman, of Box 537, Sweet
Home, oregon 97386.
Seller owns the following described real property
("property") located in the Seward Recording District and more
particularly described as follows:
Lots 6, 7, 8, and 9, FOLZ SUBDIVISION,
according to the plat thereof filed as Plat 24
on March 9, 1954, in the Seward Recording
District, Third Judicial District, State of
Alaska.
By the resolution to which this Agreement is attached,
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 One
Hundred Eighty Thousand Dollars ($180,000) cash payable by
down payment of $15,000 upon execution of this Agreement and
the balance of $165,000 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.
Closing shall take~ce at the offices of Seward Title
Company on or after (Q- ~ /~ , 1991, and only upon
satisfaction of all condit10ns and requirements of this
Agreement.
[AA912340.033]
snS/91
Seller shall prepare and provide to the closing agent
disbursement instructions and the closing agent 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.
s; ~c~ty and Seller shall exchange draft closing documents by
~7~Mlte. II, 1991-
Possession is to be transferred on closing, with
proration of any applicable taxes, assessments, insurance,
utilities or other charges against the property. Prior to
closing Seller may remove personal property and new roofing
materials. Further subject to City's receipt, prior to ClO~i of an~ironm~ntal
assessment acceptable to City. Report to be paid for by City. ~
city shall obtain title insurance at ~ s 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 attorneys fees.
This Agreement shall be attached to a resolution to be
approved by the city Council only after public hearing.
Approved as to form:
PERKINS COlE
City Attorneys for the
City of Seward
"7 A4rl~ JV ~
Fred B. Arvidson
SELL ~
vicky
~~m
c~ty ager
ATTEST:
~~~c'o,g ~.~
~t2\'v~",\ City Clerk
t/cz~~
[AA912340.033]
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STATE OF ALASKA )
) 55.
THIRD JUDICIAL DISTRICT )
~ The for~oing instrument was acknowledged before me this
~ day of ~~~ , 1991, Y arry K. Evarts.
r--
State of AllUka
NOTARY PUnUC
KRISTI A. CLEMENS
My Commlulon upl.... July 22, 1994
S
SSe
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this
day of~ J , 199, Y vicky Wh' te Evarts.
~ State of Ala$ka
I' NOT~~RY punuc
....-::.~~~~s~on~;pr~s~~~ ~?994
STATE OF OREGON
~
COUNTY OF L.. /AJAJ
) SSe
)
The foreg~~ _instrument was acknowledged before me this
~day of ~".(.d' , 1991, by William D. Evarts.
~:it~ <t1~
Notary Public kn and far Oregon
My commission expires: 7-<f-93
STATE OF ORE~ )
COUNTY OF ,(rlk-r crc:f. ~
SSe
The foregoing instrument was acknowledged before me this
~day of ~~/4I , 1991, by Agnes Marie Evarts.
yb;A; _l/~
mary PUbli~r1n and for Oregon
My commission expires: j-q-9..3
[AA912340,033]
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