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HomeMy WebLinkAboutRes2003-072 Sponsored by: City Manager I 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 I 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. I 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 $30,000 is hereby appropriated from the Gateway to Forest Acres Water Main Extension Project Land Account, No. 704-7042-5910. Section 4. This resolution shall take effect thirty (30) days following passage and posting as required by law. PASSED AND APPROVED by the City of Seward, Alaska this 14th day of July, 2003. THE CITY OF SEWARD, ALASKA s;z c&- Stu Clark, Mayor AYES: NOES: ABSENT: ABSTAIN: Shafer, Branson, Dunham, Amberg, Clark Valdatta Orr None ATTEST: q~h~~k~ Jean Lewis City Clerk "",....,..,. ",,<I>' Or,: C::~"'#. ,~~A~ '$"<<U;",~"'~ i ~~ e~~...<:> '\ ~ :'" ---- a.. : : i ~ . lI: .: SEAL i.! = \ ; .. .,~ -- ". .. '. v. ~I '\.. \.l'lX"~tV~ 1 ~~~..".".. ~ " 1'r,.........:..: r....'O~,# .".;.:' OF p"\.r,,,,"'" "'11111'10''''\ 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.”