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HomeMy WebLinkAboutRes1977-041 r 10/10/77 RHJ:JES/jes CITY OF SEWARD, ALASKA RESOLUTION NO. 77- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZING THE CONDEMNATION OF CERTAIN PROPERTY LOCATED WITHIN THE TRACT KNOWN AS THE JESSE LEE HOME PROPERTY AND AUTHORIZING THE IMMEDIATE FILING OF A DECLARATION OF TAKING, AMENDING RESOLUTION NO. 77-33 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 WHEREAS, 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 un- disputed title to the property on which the facility is to be built, and WHEREAS, other parties claim interest in the said land which cannot 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, and WHEREAS, the City Council of the City of Seward did, on August 15, 1977, pass and approve Resolution No. 77-33 regarding said condemnation pro- ceedings; however, an error appeared in the legal description which must be corrected; 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 im- mediate 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, TIN, RIW, Seward Meridian, more particularly described as: r- Resolution No. 77 -41 Page Two Beginning at a Brass Cap Monument at the North- west corner of Jesse Lee Heights located along First Avenue; thence S.89057'45"E. a distance of 369.97 feet, thence S.0001'16"W. along the westerly right-of-way of Swetmann Avenue, a distance of 299.92 feet, said point being the POINT OF BEGINNING; thence N.89057'45"W. a distance of 40.00 feet; thence S.0001'16"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; theIice 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 immediatley 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 10th day of October , 1977. CITY OF SEWARD, ALASKA ,7 / .,,/r:~!7 ~ /-1' C Raymon/L: Hugli I Mayor AYES: NOES: ABSENT: CAMBPELL, GILLESPIE, HUGLI, LEER, MOTT, POTTS, AND VINCENT NONE NONE ATTEST: APPROVED AS TO FOR}!: ~E~ Jo nne E. Shanley City Clerk-Treasurer HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska (City Seal) ~...It//fV ~ Ranald H. Jarrel