HomeMy WebLinkAboutRes1977-033
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8-15-77
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CITY OF SEWARD, ALASKA
RESOLUTION NO. ]]-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE CONDEMNATION OF CL~TAIN PROPERTY LOCATED WITHIN THE TRACT
KNOWN AS THE JESSE LEE HOME PROPERTY AND AUTHORIZING
THE IMMEDIATE FILING OF A DECLARATION OF TAKING
WHEREAS, the City Council of the City of Seward, Alaska, has
earlier accepted the recommendation of Arctic Environmental Engineers
regarding the installation of improvements to the City's water system, and
WHEREAS, the City Council has accepted the further recommendation
of Arctic Environmental Engineers that a pump station be located on the
property described below, and
,JHEREAS, the City of Seward is the owner of said property, and
WHEREAS, the receipt by the City of a Federal grant to fund part
of the cost of said pump station is possible only if the City has clear and
undisputed title to the property on which the facility is to be built, and
WHEREAS, other parties claim interest in the said land which can-
not otherwise be finally adjudicated prior to the deadline for the filing of
the application for the Federal grant, and
WHEREAS, the City Council finds it in the public interest to obtain
undisputed title to such land immediately to meet the conditions of the said
grant application;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Seward, Alaska, that:
(1) the City hereby exercises its power of eminent
domain with respect to the following property and directs
that an immediate declaration of taking be filed:
That certain real property located within
the Seward Recording District, Third Judicial
District, State of Alaska; a portion of U.S.
Survey No. 241, said parcel is part of Tract
A of Jesse Lee Heights, located in Section 34,
T1N, R1W, Seward Meridian, more particularly
described as:
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Resolution No. 77-33
Page Two
Beginning at a Brass Cap Monument at the
Northwest corner of Jesse Lee Heights
located along First Avenue; thence S.89o
57'45"E. a distance of 369.97 feet, thence
S.OoOl'16"W. along the westerly right-of-
way of Swetmann Avenue, a distance of 349.92
feet, said point being the POINT OF BEGINNING;
thence N.89057'45"W. a distance of 40.00 feet;
thence S. 0001' l6"W. parallel to right-of-way
of Swetmann Drive, a distance of 40.00 feet;
thence S.89057'45"E. a distance of 40.00 feet;
thence N.OoOl'16"E. along westerly right-of-
way of Swetmann Drive a distance of 40.00 feet
to the Point of Beginning. Said parcel contains
0.04 acres, more or less.
(2) the taking of this property immediately is in the public
interest and the City Attorney is authorized and directed to file a
Declaration of Taking in accord with A.S. 09.55.420 and A.S. 09.55.430;
(3) the interests being condemned are those interests claimed
by Last Frontier, Inc. and Inn Seward, Inc. arising from an earlier
deed of the said property of the said City, default under the terms
of which by those corporations has caused the said property to revert
to the City and which is subject to the quite title action known as
Case No. 77-2202 commenced by the City and now pending before the
Superior Court, Third Judicial District, State of Alaska. The other
interest being condemned is that Barnard-Marth-Kizer arising from the
tenancy of Case No. 77-4825 filed in the Superior Court, Third Judicial
District, State of Alaska;
(4) the estimated just compensation for these interests is $1.00
each.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 15th day of August , 1977.
AYES:
NOES:
ABSENT:
CITY OF SEWARD, ALASKA
&J~J(V~r
Mayor
CAMPBELL, GILLESPIE, HUGLI, MOTT, NEVE', OLDOW AND VINCENT
NONE
NONE
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Resolution No. 77-33
Page Three
ATTEST:
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City Clerk-Treasurer
(City Seal)
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
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Ranald H. Jarrell
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