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HomeMy WebLinkAboutRes1999-106 . I . Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION 99-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE RECONVEYANCE OF OWNERSHIP OF THE FEE AND EASEMENT INTERESTS PREVIOUSLY CONVEYED BY THE CITY OF SEWARD TO THE UNITED STATES OF AMERICA FOR PURPOSES OF RECON- STRUCTING THE SEWARD SMALL BOAT HARBOR FOLLOWING THE 1964 EARTHQUAKE WHEREAS, following the March 27,1964 earthquake and subsequent seismic waves which completely destroyed the original Seward Small Boat Harbor, the City of Seward (the "City") conveyed tracts 100, 100E, and 102E, as more specifically described in the two quitclaim deeds attached as exhibits A and B hereto, to the United States. This conveyance was completed pursuant to the Rivers and Harbor Act of 1964 (Public Law 88-451, August 1964), authorizing the reconstruction of the Small Boat Harbor at Seward; and WHEREAS, by Resolutions dated September 8, 1964, the City entered into a local cooperation agreement to provide, without cost to the United States, all lands, easements, and rights-of-way required for construction of the harbor improvement project; and WHEREAS, in order to expedite construction of the new harbor, tract 100 (71.63 acres) was conveyed by the City to the United States by quitclaim deed, and tracts 101E (15.46 acres) and 102E (6.50 acres) were conveyed by the City to the United States by perpetual easement pursuant to City of Seward Resolution No. 412 dated September 8,1964; and WHEREAS, during the 1993 North Pacific Division ("NPD") command inspection, it was determined that for local cooperation projects such as this, the local sponsors were not required to deed the realty interest to the United States; rather, certification that the sponsor had adequate land holdings and would make the lands available to the federal government would have been sufficient; and WHEREAS, NPD directed that since no authority existed for the United States to acquire the property, the property should be reconveyed by the Secretary of Army to the original sponsor, in this case, the City of Seward; and WHEREAS, the City of Seward was contacted in 1997 concerning accepting reconvey- ance of the lands at the Small Boat Harbor from the United States, and the City indicated that it had no objection to the restrictions on the transfer allowing the United States the right to enter said lands for the purpose of executing its responsibility for maintenance dredging pursuant to CITY OF SEWARD, ALASKA RESOLUTION NO. 99-106 previous agreements, and the City indicated that it would coordinate future construction that would affect the integrity of basin slopes and the breakwater with the Construction-Operations Divisions of the Army Corp of Engineers; and WHEREAS, the federal government has completed an environmental baseline study for the property to be reconveyed to the City; and the City has had the opportunity to review such inspection and agrees to accept the report and accept the reconveyance of the property; and WHEREAS, the reconveyance of title does not negate the local cooperation agreements heretofore entered into between the United States and the City of Seward and that such agree- ments will remain in full force and effect; and WHEREAS, the Army Corp of Engineers has indicated that it will continue with the maintenance dredging operations as long as the local sponsor provides dredge material disposal areas as necessary and appropriate funds are available for such projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to proceed with the re-acquisition of property described as the fee interest to tract 100 (71.63 Acres) formerly conveyed by quitclaim deed to the United States, and tracts 101E (15.46 Acres) and tract 102E (6.5 Acres), previously conveyed to the United States by perpetual easements, all as more particularly described in Exhibit A and B attached hereto. Section 2. The City agrees to accept the reconveyance of such interests by quitclaim deeds for the tracts described above in a substantial form as the quitclaim deeds attached hereto as Exhibits A and B, which are hereby incorporated by reference. Section 3. The City Council authorizes the City Manager to execute the document entitled Environmental Baseline Studies and the attachments thereto following review by the City Administration and/or consultants retained by the City. Section 4. The City Manager is also authorized to finalize and execute such additional documents necessary to complete the reconveyance and agree to revisions to the documents so long as the essential terms ofthe reconveyances are not substantially changed. Section 5. This resolution shall take effect 30 days following its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 9 day of August, 1999. . I I CITY OF SEWARD, ALASKA RESOLUTION NO. 99-106 THE CITY OF SEWARD, ALASKA ~Q^ :;;z:v Lowell R. Satin, Mayor AYES: NOES: ABSENT: ABSTAIN: Blatchford, Callahan, Gage, Orr, Satin, Shafer None King None ATTEST: ~ Patrick Reilly City Clerk " .,:~~,~'m~~::::.".. (Clt~~~L"."'""'t \' r~" (.>.1<1 ~m~"~ \';;"'O:-;"'~'~A ",,). ,\~ ,./ ,.: ~"",,'';.' '~~";.'_:""'O '>~ ,.'./ ..: ~.) '<;':'. ~ 'J~ ,,<<' -...0- V~ ~ '1 ,,...: ,~~., /. 11" : ~ ":~.... 1.JLJ :O':~ . . . eo ." "..l."-'_ . I. ~;. ~" ~! ,~~ f\l\:::<l~ ~ :/", J~ ,," J" ,"