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CITY OF SEWARD, ALASKA
RESOLUTION 2007- 037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA AUTHORIZING THE NEGOTIATION FOR THE
CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: TIS R lW SEC 10
SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD
FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF
ALASKA DEPARTMENT OF LABOR ALASKA VOCATIONAL
TECHNICAL CENTER (A VTEC) FOR EDUCATIONAL FACILITIES
WHEREAS, the State of Alaska ("State") through the Alaska Vocational Technical
Center (A VTEC) has formally requested the conveyance of the real property described as "Block
6" TIS R 1 W SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal
Addn (School Reserve); and
WHEREAS, the State desires to consolidate their underlying land holdings for the
A VTEC facility to further support the mission of their educational programs; and
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WHEREAS, the subject property is currently occupied with the Old Armory Building in
use by the A VTEC program and the new Distance Learning Center Building also used by the
A VTEC program, driveways, parking and landscape; and
WHEREAS, Block 6 is currently leased to the State of Alaska for purposes of operating
an educational facility with a term through the year 2054; and
WHEREAS, the City of Seward, finds that ownership of Block 6 by A VTEC for
educational facilities is an appropriate community development use of the land and the use
required of the original patent; and
WHEREAS, the public utilities and drainage features exist across and/or within the
subject property that will require field location, verification and corresponding easements for
their preservation and maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby authorizes negotiation for the conveyance
of Block 6, also described as: TIS R 1 W SEC 1 0 SEWARD MERIDIAN SW 0000004
ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 to
the State of Alaska, Alaska Vocational Technical Center, for educational facilities.
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CITY OF SEWARD, ALASKA
RESOLUTION 2007-037
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Section 2. The Seward City Council authorizes the City Manager to begin negotiation
with the State of Alaska for the disposal of Block 6 OTS to achieve terms satisfactory to both
parties for the transfer ofthe parcel subject to the following provision:
The State of Alaska shall provide, or cause to be provided, a field assessment for existing
and potentially required drainage features, utilities and other features of the right-of-way,
in cooperation with City of Seward staff, to be preserved by easement or other forms of
reservation prior to final platting.
Section 3. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of
April, 2007.
THE CITY OF SEWARD, ALASKA
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Vanta Shafer, Mayor
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AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Valdatta, Thomas, Bardarson, Amberg, Shafer
None
Schafer
None
ATTEST:
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(City Seal)
Council Agenda Statement
Meeting Date: April 23, 2007
Through: Marvin Yoder, Interim City Manager
From: D. Scott Williams, City Planner
Agenda Item: Negotiate Conveyance of Block 6 of Original Townsite
BACKGROUND & JUSTIFICATION:
The State of Alaska (State) through the Alaska Vocational Technical Center (AVTEC) has submitted
a formal request to the City of Seward to convey the real property known as “Block 6 of the Original
Townsite of Seward Federal Addition.” The platting and details of the conveyance will occur after
Planning and Zoning Commission and Council approval to negotiate the terms of the proposed
conveyance.
The property is currently occupied with the “Old Armory” Building and Distant Learning Center and
being used as classrooms and offices for the AVTEC program and is located between A and B
Streets, and First and Second Avenues.
Block 6 is currently owned by the City of Seward and leased to the State at no cost through June
30, 2054. The City acquired the parcel from the federal government in 1954, for construction of
a National Guard Armory. The Armory was used jointly by the adjacent high school as a
gymnasium. When the Kenai Peninsula Borough was created and assumed school powers in 1964,
the property (land and building) was transferred to them. After the new high school was
constructed in 1979, the building(s) remained empty for a few years. Subsequently, the Borough
leased it to the U.S. Forest Service as headquarters for the Young Adult Conservation Corps and
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then transferred the property to the State for refurbishment into the AVTEC facility.”
The ownership of the property apparently reverted back to the City of Seward sometime after the
abandonment by the KPB school district. (However, a title report is needed to confirm title to the
property, and it is recommended that the State obtain a title report and provide a copy to the City.
Any conveyance by the City should be made only by quitclaim deed.)
Previous analysis of the property known as Block 6 reveals that the original transfer of ownership by
patent from the federal government to the City of Seward requires that the parcel be used for
“educational” purposes or the parcel would revert back to the federal government. Additionally, the
land is occupied with a building currently used for the AVTEC program. The City of Seward has no
other planned use for the property, and it seems reasonable to commit the land to educational
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Excerpted from a Memo from Kerry Martin to Scott Janke 10/05/99
purposes by others. The ownership of Block 6 by the State will allow for further site development in
the future based on regulations that require land ownership by a grantee/program.
The Seward Planning and Zoning Commission recommended the conveyance of Block 6, OTS to the
State by Resolution 2007-07 (attached). Items to be negotiated with the State include, but are not
limited to, compensation to the City for the transfer and/or payment of the City’s costs to complete
the transfer, the need for inspection of the property for any environmental concerns, and addressing
any issues concerning easements, drainage, and utilities. Council approval of another resolution
containing the essential terms and conditions of the transfer will be required following a public
hearing. If the City does not obtain an appraisal, that resolution will need findings stating that the
public interest will not by an appraisal, and if not sold for fair market value, a finding is needed stating
that it is in the public interest to dispose of the property for less than fair market value. Upon
completing the transfer, the existing lease will be terminated.
RECOMMENDATION:
The administration recommends Council authorize the City Manager to begin negotiations for the
transfer of ownership of Block 6, OTS as described subject to the following provision:
The State of Alaska shall provide, or cause to be provided, a field assessment for existing and
potentially required drainage features, utilities and other features on the parcel, in cooperation with
City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting.
In the event that public utilities must be relocated as a result of this conveyance, the cost of such
relocation will be borne by the State of Alaska.
CONSISTENCY CHECKLIST:
Where applicable, this agenda statement is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
Other: _______________________________________________________________________
FISCAL NOTE:
The negotiation of conveyance of this property is not expected to result in additional costs to the
City, nor affect the tax-exempt status of the property.
Approved by Finance Department: ________________________
RECOMMENDATION:
City Council approves Resolution 2007-______.