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HomeMy WebLinkAboutRes1983-051 . . . e e CITY OF SEWARD, ALASKA RESOLUTION NO. 83-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE SOLE SOURCE SALE OF A PARCEL OF LAND TO THE SEWARD ELKS LODGE WHEREAS, the City of Seward has been consistently attempting to develop marine-related uses of public land adjacent to the Seward Small Boat Harbor; and WHEREAS, there is a need for the development of restaurant and beverage services near the Small Boat Harbor; and WHEREAS, it is the opinion of the City Council that the use of public property near the Small Boat Harbor for essential private commercial uses should be carefully reviewed to ensure that the limited public land is used wisely; and WHEREAS, the Seward Elks Lodge No. 1773 has for many years been a civic leader in Seward and has organized and managed numerous public service projects; and WHEREAS, the Seward Elks Lodge has expressed a desire to develop a restaurant, beverage, and meeting facility on public land near the Small Boat Harbor; and WHEREAS, the Seward Elks Lodge is a non-profit organization dedicated to providing services to its members and the public; and WHEREAS, a substantial proportion of visitors to Seward would be able to utilize any Elks facility by reason of membership in the Elks International, and such use would enhance tourism; and WHEREAS, the Seward Elks Lodge has proposed to purchase the parcel at fair market value and for cash; and WHEREAS, the Seward Elks Lodge has agreed to restrict use of the property to those activities which in the Council's opinion will serve the public interest ultimately; and WHEREAS, the Seward construction of any permanent for public use purposes; and Elks Lodge has agreed that prior to facilities the parcel will be used only WHEREAS, the continued public use construction will also and public will benefit prior to construction by of the property and subsequent use after benefit the public interest as set forth above; -1- . . . e e CITY OF SEWARD, ALASKA RESOLUTION NO, 83-51 WHEREAS, Section 2-92 of the City Code allows the City Council to decide whether the public interest is best served by disposing of real property by a method other than public auction or sealed bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. For the reasons set forth in the preamble to resolution, it is in the public interest to sell to the Seward Elks No, 1773, without public auction or sale by sealed bid, the property generally described as follows: this Lodge real A portion of Block 6, OCEANVIEW SUBDIVISION, located south of the Small Boat Harbor boat launch ramp consisting of approximately 16,000 square feet as shown on the sketch attached hereto as Attachment 1. (Parcel may be redescribed subsequent to platting,) Section 2. Pursuant to Section 2-92, the City Manager is authorized and directed to negotiate a sale of the property at fair market value, for cash, and with a restriction that the public use of the property continue until such time as the Seward Elks Lodge has commenced construction of a permanent restaurant, beverage and meeting facility. Section 3, The actual terms documents relating thereto be the subject as provided in Section 2-88 of the Seward of of a City the sale and the draft public hearing with notice Code, Section 4. It is hereby determined to be in the public interest, convenience and necessity of the people of the City of Seward to permit the qualified electors to determine whether the sale of property by the City of Seward to the Seward Elks Lodge No. 1773 as negotiated by the City Manager is in the public interest. Section 5. A special election is to be held on Tuesday, October 4, 1983, in the City of Seward, Alaska, in conjunction with the regular municipal election to be held on that date for the purpose of submitting the following general proposition to the qualified electors of the City of Seward. A majority of those electors qualified and voting must vote in favor of the proposition for approval, PROPOSITION NO, Shall the City of Seward, Alaska, finalize the sale at fair market value of the following described real property to the Seward Elks Lodge No. 1773? A portion of Block 6, OCEANVIEW SUBDIVISION, located south of the Small Boat Harbor boat launch ramp and -2- . . . e e CITY OF SEWARD, ALASKA RESOLUTION NO. 83-51 consisting of approximately 16,000 square feet, (Parcel may be redescribed subsequent to platting,) Section 6, The foregoing proposition shall be printed on a ballot which may set forth other propositions, and the proposition set forth in Section 5 shall be printed in full and the following words shall be added as appropriate and next a square provided for marking the ballot: PROPOSITION NO, Yes No Section 7, A person may vote at this election who possesses the qualifications set forth in AS 15,05.010 and who has registered pursuant to Chapter 7 of Title 15 of the Alaska Statutes (AS 15,07,101, et, seq,). The election shall be conducted in compliance with the procedures established in Chapter 8 of the Seward City Code. Section 8, Publication of this resolution shall be made by posting a copy hereof on the City Hall bulletin board for a period of ten (10) days following its passage and approval, In addition, copies of the one-page summary, and copies of the entire agreement shall be made available at the City Clerk's office for at lease thirty (30) days preceding the date of the election, Section 9. This resolution shall take effect immediately upon its adoption, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of August , 1983, SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Burgess, Cripps, Meehan, Wilson None Gillespie, O'Brien, Swartz None -3- . . . e CITY OF SEWARD, ALASKA RESOLUTION NO. 83-51 ATTEST: (City Seal) e APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska 7~ IZI~ Fred B. Arvidson City Attorney -4- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 83-51 riJ%n. . k - Small Boalllarhor-LoodintJ Ramp ~ -;;;- ~i - t..... ~\ <:) ~ . I 3~' - I /~o' 59'I\ - y\\ Appro.,(. /dcql/<Yt \. al' exi~1. .:sewer \ \ hn-- \ . \ \ \ \ \ 2.0' to' \ \ \ \ \ \ \ \ \ - \ e/,r I~' ---, '<:> I App".... I !i? I/oe. I I Ex/~f. I 1.!h'9:. j ~ , . &",' SCALE /::;;JV PROPOSED El.It'$ C/.U.8 F!4RCc/. SHAi.I. &AT IIAPIJOlff - C/TY 0, S&WAlffO HAY /982 ATTACHMENT 1. AlASKA LAND SURVEYS P.O. Box 1085 seward, Alaska 99664 (907) 224-3026 'o4.-S~ CITY OF SEWARD, ALASKA RESOLUTION NO. 83-51 1 I "i ~ ~.i ,I ,I . j .!' fl r. " 01 Ii ii II II II II I: It STATUTORY WARRANTY DEED The Grantor, the City of Seward, Alaska,for and in consideration of the sum of TEN DOLLARS ($10.00) lawful money of the United States of America. and other good and valuable considerations in hand paid, conveys and warrants to Seward Elks Lodge No. 1773, an Alaskan Corporation, and to its successors and assigns forever, the following described real property situated in the Seward Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: (Description to be supplied at completion of subdiViding and platting.) Together with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and subject in the rights and reservations expressed in patent to said land, existing easements for roads, power, lights and other utilities and restrictions of record, and to encroachments ascertainable by physical inspection of the property. (Other restrictions or conditions of sale may be added.] DATED at , Alaska, this day of , 1983. THE CITY OF SEWARD, ALASKA By Its STATE OF ALASKA ss. I THIRD JUDICIAL DISTRICT ii' THIS IS TO CERTIFY that on this day of 1983, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , known to me and to me known to be the individual named in and who executed the foregoing instrument, and he acknowledged to me that he had signed and sealed the same as his voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first hereinabove written. NOTARY in and for Alaska My Commission Expires: APPROVED AS TO FORM: HUGHES. THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska Fred B. Arvidson, City Attorney bR.A F\