HomeMy WebLinkAboutRes1981-011
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CITY OF SEWARD, ALASKA
RESOLUTION 8l-11--
PROVIDING FOR THE EXCHANGE OF REAL PROPERTY BETWEEN THE
CITY OF SEWARD AND THE KENAI PENINSULA BOROUGH.
WHEREAS, the City of Seward is the owner of l65 acres of
land located within Sections 28 & 34, TIN, RlW, S.M.; and
WHEREAS, the Borough is the owner of 160 acres of land
located within Sections 7, 17 & 18, TIS, RIE, S.M.; and
WHEREAS, it is advantageous for the Borough to receive title
to the described city lands for public purposes; and
WHEREAS, it is advantageous for the City of Seward to receive
title to the Borough lands to aid the development of the Seward
Industrial Marine Park located at Fourth of July Creek; and
WHEREAS, Sec, 17,04.120 of the Kenai Borough Code of Ordi-
nances authorizes the disposition of public lands to governmental
units; and
WHEREAS, the Kenai Borough Planning Commission conducted a
public hearing regarding the proposed land exchange on May 4,
1981, and recommended approval of the exchange; and
WHEREAS, the Seward City Council conducted a public hearing
regarding the proposed land exchange on May 11, 1981, and recom-
mended approval of the exchange; and
WHEREAS, the City Council of the City of Seward finds that
the proposed exchange of real property will be beneficial to the
ci ty of Seward and to the Borough and further public purposes
which are in the public interest including the facilitation of
development of Seward Industrial Marine Park,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD:
Section l. That the fOllowing described real property owned
by the Kenal Peninsula Borough, consisting of 160 acres, more or
less, and shall be received by the City of Seward from the Kenai
Peninsula Borough:
Tract ~ Legal Description:
A tract of land situate in fractional Section l8, TlS,
RIE, of the Seward Meridian, Third Judicial District,
State of Alaska, more particularly described as follows:
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Commencing from Corner Number Three, United states Sur-
vey 4827, said corner being The True Point of Beginning
of this description and also being common to Corner
Number C-9 of Alaska state Land Survey Number 76-69;
thence, S 0034'13"E along the extension of the East
Boundary of U.S.S. 4827, a distance of 472.39 feet to
a point, said point being an intersection with the South
Line of Section 18, TIS, RIE, Seward Meridian, Alaska,
which is also the Corporate Boundary of the Incorporated
city of Seward, Alaska;
thence, S 89025'30"W along said Corporate Boundary, a
distance of 1, 174.22 feet to a point being a meander
corner and Corner Number C-7 of A.S.L.S. No. 76-69;
thence, N 28039'33"W along a meander of the Mean High
Water Line, a distance of 318.69 feet to a point;
thence, N 7054'56"W continuing along the meanders of
the Mean High Water Line, a distance of 192.66 feet to
a point, said point being Corner Number Four, U.S.S.
4827 and Corner Number C-8 of A.S.L.S. No. 76-69'
thence, N 89025'10"E along the South Boundary Line of
U.S.S. 4827, a distance of 1,348.91 feet to The True
Point of Beginning.
All bearings and distances contained in this description
are grid based on geodetic position,
This survey subject to future survey.
This tract contains an area of l3,93 acres, more or
less.
Tract ~ Legal Description:
Fourth of July Creek Retaining Levee Maintenance Tract
A tract of land situate in the fractional Section 18 and
protracted section 17, TIS, RlE, Seward Meridian, Third
Judicial District, Alaska, more particularly described
using grid bearings as follows:
Beginning at Corner Number Three of United States Sur-
vey 4827, thence, along the extensionoof the East Boun-
dary of said united States Survey S 0 34'13"E to the
intersection of said boundary and the South Boundary
of said section 18, a distance of 472.39 feet to a
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point which is The True Point of Beginning; ~hence,
along the South Boundary of section 18, N 89 25'30"E
a distance of 100.00 feet to a point;
thence, N 1000'00"E, a distance of 230.00 feet to a
point; 21000'OO"E,
thence, N a distance of 574.00 feet to a
point; 28050'OO"E,
thence, N a distance of 880.00 feet to a
point; 55055'00"E,
thence, N a distance of 1,490.00 feet to
a point; 48030'00"E,
thence, N a distance of 618.00 feet to
a point; 60035'00"E,
thence, N a distance of 300.00 feet to
a point; 47035'OO"E,
thence, N a distance of 415.00 feet to
a point; 22015'OO"W,
thence, N a distance of 118.63 feet to
a point;
thence, West a distance of 162.07 feet to a point;
thence, S 22015'OO"E, a distance of 80,00 feet to
a point; 47035'OO"W,
thence, S a distance of 290.00 feet to
a point; 60035'OO"W,
thence, S a distance of 300.00 feet to
a point; 48030'OO"W,
thence, S a distance of 615.00 feet to
a point; 55055'00"W,
thence, S a distance of 1,530.00 feet to
a point; 28050'OO"W,
thence, S a distance of 925.00 feet to
a point;
thence, S 21000'OO"W, a distance of 589.78 feet to a
point on the extension of the East Boundary of United
sta~es Survey 2847; thence, along said extension
S 0 34'13"E, a distance of 273.02 feet to The True
Point of Beginning.
Said tract contains an area of 15.48 acres, more or
less.
This survey subject to future survey.
Tract C Legal Description:
A tract of land situate in Protracted Section 17, TIS,
RIE, of the Seward Meridian, Third Judicial District,
State of Alaska, more particularly described as follows:
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Commencing from Corner N~er Three of United states
Survey 4827, proceed N 44 53'16I1E, a distance of 4,013.43
feet to a point, said point being The True Point of
Beginning of this description; --- ----
thence, West, a distance of 200,00 feet to a point;
thence, North, a distance of l,300.00 feet to a point;
thence, East, a distance of 1,900.00 feet to a point;
thence, South a distance of 1,300.00 feet to a point;
thence, West, a distance of 1,700.00 feet to The True
Point of Beginning. ---
This tract contains 56.70 acres, more or less.
All bearings and distances contained in this descrip-
tion are grid based on geodetic position.
This survey subject to future survey,
Tract D Legal Description:
A tract of land situate in fractional Section 18, TIS,
RIE, of the Seward Meridian, Third Judicial District,
State of Alaska, more particularly described as follows:
Commencing at Corner Number Two of united States Survey
1651 said corner being The True Point of Beginning of this
description; ---
thence, S 89025'2911W along the North Boundary of U.S.S.
1651 a distance of 285.78 feet to a point, said point
being Corner Number Four of United States Survey 4828;
thence, N 0043'0911W along the East Boundary of united
States Survey 4828 a distance of 1,200.00 feet to a
point;
thence, N 89025'2911E a distance of 288.89 feet to a
point, said point being the intersection ith the exten-
sion of the East Boundary of U.S.S. l651;
thence, S 0034'1511E along the extension of the East
Boundary of U.S.S. 1651 a distance of 1,200.00 feet
to The True Point of Beginning. This tract contains
7.92 acres, more or less.
All distances and bearings contained in this descrip-
tion are grid based on geodetic position.
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This survey subject to future survey.
This tract contains an area of 7.92 acres, more or less.
Tract ~ Legal Description:
A tract of land situate in fractional sections 7 and
18, TIS, R1E, Seward Meridian, Third Judicial District,
Alaska. More particularly described, using grid bear-
lngs, as follows:
Beginning at Corner Number Three, United States Survey
4827, thence, alons the extension of the East Boundary
of said survey S 0 34'1511E, a distance of 199.37 feet
to The True Point of Beginning; thence, along the ex-
tenged East Boundary of United States Survey 4827
N 0 34'1511W6 a distance of 4,758.1l feet to a point,
thence N 21 00'OOllE6 a distance of 589.78 feet to a
point; thence, N l8 50' gOIlE, a distance of 788.47 feet
to a point; thence, S 0 34'15I1E, a distance of 4,758.11
to a point on the North Boundaoy of Tract 'B'; thence,
along said North Boundary S 28 50'OOIlW, a distance of
788.47 feet to a po~nt; thence, continuing along said
North Boundary S 2l OO'OOIlW, a distance of 589.78 feet
to The True Point of Beginning.
This tract contains an area of 65.97 acreas, more or less.
There shall also be reserved within Tract 'E' two (2)
access easements of 100.00-foot width each. Said ease-
ments shall be located at such time the ultimate re-
quirements of the Fourth of July Creek development is
determined.
This survey subject to future survey.
section 2. That the following described real property owned
by the City of Seward and consisting of 165 acres, more or less,
shall be conveyed to the Kenai Peninsula Borough:
The NElj4, section 28, TIN, RlW, S.M., containing l60
acres, more or less.
and, in addition thereto, property described as:
Beginning at a point on the south boundary line of
U.S. Survey No. 242, which point is Three Hundred
and Fifty feet (350') east from Corner No.2 of said
Survey, which Corner No. 2 is identical with the South-
west Corner of said Survey; thence, proceed North for
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a distance of Three Hundred and Thirty feet (330');
thence, proceed east for a distance of six Hundred and
Sixty feet (6601); thence, proceed south for a distance
of Three Hundred and Thirty feet (330'); thence, pro-
ceed west for a distance of six Hundred and Sixty feet
(660') along the south boundary line of U.S. Survey
No. 242 to the point of beginning of this description
and the first named point herein, which point is Three
Hundred and Fifty feet (3S0') east from Corner No.2
of said Survey, which Corner No. 2 is identical with
the Southwest Corner of said Survey; thus describing
a rectangular tract of land running Three Hundred and
Thirty feet (330') north and south, and six Hundred and
sixty feet (660') east and west, containing approxi-
mately five (S) acres, more or less,
Section 3. That the Mayor is authorized to effectua~e this
resolution and to execute all necessary legal documents ln con-
sideration for the Kenai Peninsula Borough 1 s carrying out its
obligations under the exchange.
section 4, That the exchange of real property authorized by
this resolution is without warranty of any kind as to the right,
title, and interest of the City of Seward, and the exchange shall
convey all the right, title, and interest which is possessed by
the City of Seward on the date of the exchange. The City of
Seward assumes the responsibility for properly recording the
exchange of the real property.
Section S. In accordance with Section l2, 3 (b) of the city
Charter this resolution shall be on file in the office of the
City Clerk for thirty (30) days and shall be posted in accordance
with Section 2-84 of the Seward Code.
Section 6. Upon the expiration of thirty (30) days as set
forth in Section 5 above, this resolution shall become automati-
cally effective and the Mayor is instructed to execute such deeds
as may be necessary to convey the above-described property.
ci ty Council of the City of
June , 1981.
PASSED AND APPROVED by the
Seward, Alaska, this 11th day of
CITY OF SEWARD
~J. [2~~.
._~~. --
aha F. Gillespie
Vice-Mayor
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AYES:
NOES:
ABSENT:
CAMPBELL, GILLESPIE, SORIANO AND SWARTZ
NONE
CRIPPS, HUGLI AND O'BRIEN
Approved as to Form
[J)I
JoAnne E. Shanley
city Clerk-Treasure
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the city of Seward
CZd ~~
Fred B. Arvldson
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