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HomeMy WebLinkAboutRes1977-048 f' 11/10/77 RHJ:lb I' ; CITY OF SEWARD, ALASKA RESOLUTION NO. 77-48 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH THE ALASKA RAILROAD WHEREAS, The Seward City Council has determined that the City would derive substantial benefits from the extension of the Alaska Railroad to the Small Boat Harbor, and WHEREAS, City is owner of land across which the extension would be con- structed, and WHEREAS, The Alaska Railroad is the owner of real property adjacent to the City-owned real property across which the railroad extension would be constructed, and WHEREAS, The Alaska Railroad has proposed to exchange use of its real pro- perty for the use of the City's real property and to proceed to construct the rail- road extension across the City's real property without cost to the City, and WHEREAS, City Council finds that the said real property is not dedicated to public use. NOW THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized and directed to negotiate and enter into a lease agreement with the Alaska Railroad in substantially the same form as that set forth in the attached lease, a copy of which is attached hereto as Exhibit One and incorporated herein by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 14th day of November ,1977. CITY OF SEWARD, ALASKA ~ ell/{( Raym, d L. Hugli. Mayor AYES: CAMPBELL, GILLESPIE, HUGLI, LEER, POTTS AND VINCENT NOES: MOTT ABSENT: NONE ATTEST: APPROVED AS TO FORM: ~ '''h J Anne E. Shanley City Clerk-Treasurer HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska ~1~ Ranald H. Jar ell (City Seal) r ~' .. t !~ r' t' DE?ARn.1E~.T OF TRAN' JRTATJON FEDERAL. RAIL.ROAD Am ..:iTRATlON THE ALASKA RAILROAD Pouch 7,2111 AnchoraS8. Alaska 99510 Contract N~ E~~1~~-R044 A G R E E MEN T ---~,-- JUN 111979 ~THIS AGREEHENT, made and entered into this_..~~OFd~W~ , 1979, by and between THE UNITED STATE~~~A, DEPART- ENr-OF T~~SPORTATION, FEDERAL RAILROAD ADMINIST~~TION, THE ALASKA RAILROAD, Pouch 7-2111, Anchorage, Alaska, 99510, hereinafter called "Railroad" and CITY OF SEHARD, P. O. Box 337, Se\vard, Alaska, 99664, hereinafter called "City." WITNESSETH: HHEREAS, The Alaska Railroad is desirous of acqu~nng rail access to the City of Seward's property in order to be able to provide railcar service to industries situated on the City's property; and lI'HEREAS, the City is desirous of using a portion of the Railroad's mainline track right-of-way in conjunction with the Small Boat Harbor operation; and WHEREAS, the City and the Railroad have verbally agreed to exchange free-of-charge uses of the respective lands. NOW, THEREFORE, e'ffective the day and year first above written the parties hereto agree as follows: 1. The Railroad hereby grants to the City of Seward a permit to use that portion of the Railroad's mainline right-of-way as shown on the print attached hereto, free-of-charge for a period of fifty-five (55) years. 2. The City hereby grants to the Railroad a track right-of-way, as shown on the print attached hereto, free-of-charge, for a period of fifty- five (55) years. 3. The City agrees, at its 8~1 expense, to remove all poles or other structures located within said right-of-way. 4. The Railroad will, at its own expense, pick up its rail and ties presently existing on the Railroad's land. r-- 1 I , ,,,,, MUE.McNT wl'TI-I C,TY of 5EWAI!:D ~ eELE~ By 'rilE-/i..l..A.s~A .e'All.IZ.D.e..D ~ EAsEIo-IErNT Ji!Et.EAS~ 8'1 erN of SCWA2.D ~ , , , , 'P. s: .0.