HomeMy WebLinkAboutRes2003-072
Sponsored by: City Manager
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CITY OF SEWARD, ALASKA
RESOLUTION 2003-72
A RESOLUTION OF THE CITY COUNCIL OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO PROCEED
WITH THE ACQUISITION OF A STRIP OF LAND THIRTY (30)
FEET WIDE ALONG THE SOUTH SIDE OF THE EAST-WEST
PORTION OF HEMLOCK STREET, CONSISTING OF A
PORTION OF U.S.S. 1864 WITHIN THE NW 1/4 SECTION 34,
TOWNSHIP 1 NORTH, RANGE 1 WEST, SEWARD MERIDIAN,
SEWARD RECORDING DISTRICT, THIRD JUDICIAL
DISTRICT, STATE OF ALASKA, CONTAINING
APPROXIMATELY 0.989 ACRES
WHEREAS, the proposed acquisition is an important component of water and
sewer utility expansion necessary for future residential development in the Forest Acres
area; and
WHEREAS, the acquisition of this land will resolve an existing encroachment of
Hemlock Street on the sellers property; and
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WHEREAS, previous negotiations have established Thirty Thousand Dollars
($30,000) as a reasonable amount; and
WHEREAS, a form of agreement to purchase containing all essential terms and
conditions has been presented with this resolution and has been available for public
review for at least ten (10) days in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The City Council finds that it is in the best interests of the City
of Seward to purchase the land to widen Hemlock Street, to install the
proposed water main extension, and for any other purposes.
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Section 2. Conditioned upon re-platting as may be necessary, the City Manager
is hereby authorized to execute an agreement to purchase in substantially the form
as presented at this meeting and any other necessary legal documents to acquire
fee simple title to a strip of land thirty (30) foot wide along the South side of the
East-West portion of Hemlock Street, consisting of a portion of U.S.S. 1864
within the NW 1/4 Section 34, Township 1 North, Range 1 West, Seward
Meridian, Seward Recording District, Third Judicial District, State of Alaska
containing approximately 0.989 acres.
CITY OF SEWARD, ALASKA
RESOLUTION 2003-72
Section 3. The amount of $30,000 is hereby appropriated from the Gateway to
Forest Acres Water Main Extension Project Land Account, No. 704-7042-5910.
Section 4. This resolution shall take effect thirty (30) days following passage and
posting as required by law.
PASSED AND APPROVED by the City of Seward, Alaska this 14th day of
July, 2003.
THE CITY OF SEWARD, ALASKA
s;z c&-
Stu Clark, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Shafer, Branson, Dunham, Amberg, Clark
Valdatta
Orr
None
ATTEST:
q~h~~k~
Jean Lewis
City Clerk
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Council Agenda Statement
Meeting Date: July 14, 2003
Through: Phil Shealy, City Manager
From: Malcolm G. Brown, Planner
Agenda Item: Authorizing the City Manager to Proceed
with the Acquisition of s strip of land Thirty (30) Feet wide
along the South side of the East-West portion of Hemlock
Street, in order to Support the Extension of the Water Main
to Forest Acres and to Resolve the Encroachment of
Hemlock Street on the Seller’s Property
BACKGROUND & JUSTIFICATION:
Attached for the Council’s review and approval is Resolution 2003-72. It is concerned
with the acquisition of an additional thirty (30) feet along the South side of the East-West
portion of Hemlock Street. This will expand the existing twenty (20) foot wide right-of-
rd
way to a width of fifty (50) feet. At the June 23 meeting, Council approved Resolution
2003-61, supporting the preliminary plat of this property, which will be dealt with by the
Kenai Peninsula Borough Planning Commission.
The City of Seward needs to purchase this additional land to facilitate the extension of
the proposed water main to Forest Acres Subdivision. The purpose of the water main
extension is to increase the water pressure in Forest Acres Subdivision. Upgrading the
water pressure will encourage development in Forest Acres Subdivision. The acquisition
of land will also benefit future expansion of the City’s water and sewer infrastructure in
Forest Acres Subdivision, reducing the need for additional pump stations by creating a
more direct route for water and waste flow.
The additional thirty feet added to the existing twenty foot wide Hemlock Street will
comply with the Seward City Code fifty foot width requirement for streets. Hemlock
Street will not be developed to the City standards required for maintenance and vehicle
usage, as there is no funding available. The only activity for which funding exists at this
stage is an extension of the water main.
An additional benefit this will provide to the City is that a portion of Hemlock Street
encroaches on the Northeast corner of the seller’s land. The acquisition of this land will
resolve this encroachment.
The City of Seward directed a prior City Manager, Scott Janke and CRW Engineering
Group, LLC. to initiate negotiations for the purchase of the land for this right-of-way
acquisition with the property owners, Carol Griswold and Frank Griswold. The
negotiations established thirty thousand dollars ($30,000) as the price for the land.
Seward City Code (SCC) procedures for acquiring property:
SCC 7.05.120Alternative means of real property acquisition or disposition.
The city council may acquire or dispose of an interest in real property by negotiation,
public auction, or sealed bid. (Ord. 98-04)
SCC 7.05.125 Public hearing and notice.
Prior to disposition or acquisition of a real property interest by negotiation, public auction
or sealed bid, a public hearing shall be held. Notice of the public hearing shall be
published in a newspaper of general circulation in the city and shall be posted in at least
three public places within the city. Both posting and publication shall be done at least ten
days prior to the hearing. (Ord. 98-04)
SCC 7.05.130 Terms and conditions to be made available.
The notice of public hearing shall indicate where the public may obtain the essential
terms and conditions of the proposed acquisition or disposition. A copy of the terms and
conditions shall be maintained for inspection at the office of the city clerk for at least ten
days prior to the hearing. (Ord. 98-04)
SCC 7.05.135 Authorizing resolution to approve terms and conditions.
At any time after the hearing required in 7.05.125, the council shall make a finding in an
authorizing resolution that the essential terms and conditions and the method of
acquisition or disposition are in the public interest. (Ord. 98-04)
SCC 7.05.115 Definitions
“Acquisition”
means to obtain ownership or interest in and to hold real property within
or outside the city boundaries by purchase, gift, donation, grant, dedication, exchange,
redemption, purchase or equity of redemption, operation of law, tax or lien foreclosure,
adverse possession, condemnation or declaration of taking, annexation, lease or by any
other lawful means of conveyances.
Zoning
The property which this right-of-way adjoins to the South is zoned R1, Single Family
Residential, as is the hillside property to the West. This zoning allows for single family
residential and low density residential uses. The six properties to the North are zoned
RR, Rural Residential. This zoning allows for rural, very low density single-family
residential uses.
Floodplain Status
According to the FEMA Flood Insurance Rate Map, the parcels which Hemlock Street
accesses are located outside of a designated floodplain.
CONSISTENCY CHECKLIST:
Yes No
1. Comprehensive Plan (1990) X ____
The Comprehensive Plan states that developable land in Seward is scarce yet there is a
desire to accommodate as much projected demand for housing as possible within the City
limits in order to ensure sound community growth and development (page 29).
2. Strategic Plan (1999) X ____
The Strategic Plan recommends developing infrastructure expansion plans for currently
undeveloped residential and commercial property (page 5).
FISCAL NOTE:
The purchase of this land will cost Thirty Thousand Dollars ($30,000)., with funding to
come from the City’s matching funds already appropriated for the Gateway to Forest
Acres Water Main Extension Project.
Approved by Finance Department________________________
RECOMMENDATION:
Council approve Resolution 2003-72, authorizing the City Manager to proceed with the
acquisition of a strip of land thirty (30) feet wide along the South side of the East-West
portion of Hemlock Street, described as “a portion of U.S.S. 1864 within the NW ¼ of
Section 34, Township 1 North, Range 1 West, Seward Meridian, Seward Recording
District, Third Judicial District, State of Alaska, containing approximately 0.989 Acres.”