HomeMy WebLinkAboutRes1992-001
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-001 (Formerly No. 91-156)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AN ACQUISITION PLAN
FOR EASEMENTS AND PROPERTY FOR CONSTRUCTION OF
PHASE lA OF THE CITY OF SEWARD LAWING TO
FORT RAYMOND 115 KV TRANSMISSION LINE
WHEREAS, substantial improvements
electrical transmission line have been a
of Seward for many years; and
to the city of Seward
high priority of the city
WHEREAS, the city of Seward has acquired some funding for
construction of a portion of the required up-grade and improvements
to the Seward electrical system; and
WHEREAS, reliable, cost-effective electrical energy supply is
of critical importance to the residents of Seward surrounding
areas; and
WHEREAS, preliminary design has been completed for Phase lA of
the 115 KV transmission line construction between Mile 3.5 and Mil
8, Seward Highway; and
WHEREAS, design criteria have included concern by the city for
minimizing impacts on private land; and
WHEREAS, the city engineers have identified miscellaneous
properties, the acquisition of which is necessary for the construc-
tion of the line which are identified on the attached Exhibit Band
further included in the Notice of Special Meeting and Public
Hearing at which this Resolution is being considered; and
WHEREAS, alternative routes for line construction, pole
placement, and easements have been reviewed by the city engineers;
and
WHEREAS, routing of the power line
identified in the preliminary design is the
method of construction; and
along the corridor
most cost effective
WHEREAS, line placement factors of importance include access
for maintenance, repair and improvement; and
WHEREAS, there is no ideal or perfect solution for location of
a power line, but the preliminary design identifies a route hereby
determined to be in the public interest, after consideration of
various competing interests and factors; and
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-001 (Formerly No. 91-156)
WHEREAS, the City Council of the city of Seward
acquire necessary properties wherever reasonable,
agreement of the city and private land owners; and
desires to
by mutual
WHEREAS, the city has obtained expert review and appraisal of
the parcels required for construction; and
WHEREAS, the city is prepared to offer the fair market value
for the various properties and easements as determined by apprais-
al; and
WHEREAS, the city does not desire to acquire property by
condemnation authority except where the acquisition is required and
in the public interest, and only after further public hearing and
consideration of the particular parcels (if any) affected;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Plan of Acquisition attached to this Resolu-
tion is the most reasonable, cost effective and desirable approach
for the acquisition of parcels necessary for the construction of
the electrical line improvements.
Section 2. The city administration, including the city
attorney and experts retained by him, are authorized to make offers
for the properties affected by this Resolution in accordance with
the Plan of Acquisition.
Section 3. This resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 13th day of January, 1992.
THE CITY OF SEWARD, ALASKA
L /,!,-"/~,,,
l. ~u.t-MV /??-....
Donald W. Cripps, ~yor
AYES:
Bencardino, Crane, Cripps, Dunham, Krasnansky, Swartz,
White
None
None
None
NOES:
ABSENT:
ABSTAIN:
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-001 (Formerly No. 91-156)
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
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(City Seal)
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Fred B. Arvidson
City Attorney
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Resolution No. 92-001- Exhibit A
ACQUISITION PLAN FOR EASEMENTS AND PROPERTIES
FOR THE CONSTRUCTION OF PHASE 1A OF THE CITY OF
SEWARD LAWING TO FORT RAYMOND 115 KV TRANSMISSION
LINE BETWEEN MILE 3.5 AND MILE 8, SEWARD HIGHWAY
THIS PLAN outlines the procedures to be followed in acquisition of the parcels
and easements listed on Exhibit B to Resolution No. 92-001 to which this Plan is attached.
The city manager, the city attorney and the city's agents are authorized to offer
to the land owners of the parcels listed on Exhibit B the fair market value of the property
or easement to be acquired, in accordance with the appraisal thereof prepared by Land
Field Services, Inc.
Upon acceptance of an offer by a land owner, the city administration is authorized
to go forward with processing the acquisition including obtaining necessary title reports
and insurance, releases, and other documentation to close the acquisition.
If a parcel cannot be acquired in this manner prior to January 27, 1992, then, in
that event, the city clerk is directed to notice for public hearing at the regular City
Council meeting of February 10, 1992, the authorization for acquisition of the parcel(s) by
condemnation action, including by Declaration of Taking.
At the public hearing and before a condemnation action may be filed, the Council
shall consider and find that:
1. the use to which it is to be applied is a use authorized by lawi
2. the taking is necessary to the usej
3. if already appropriated to a public use, the public use to which it is to be
applied is a more necessary public use.
Further, prior to authorizing a condemnation procedure by Declaration of Taking,
the City Council shall adopt a written finding and decision, including the reasons for the
action, the alternatives considered and a determination of the public interest.
It is the desire of the City Council that as many parcels as possible be acquired by
agreed-upon terms between the land owner and the city, and that parcels be acquired
at their fair market value.
Resolution No. 92-001- Exhibit B
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PROPERTY DESCRIPTIONS OF PARCELS TO BE ACQUIRED
FOR CONSTRUCTION OF PHASE lA OF THE LA WING TO FT.
RAYMOND 115 KV TRANSMISSION LINE BETWEEN
MILE 3.5 AND MILE 8, SEWARD HIGHWAY
Lots 13, 17 and 19; Folz Subdivision
M&B, Section 27, TIN, RIW
Lots 5-12, McBride Subdivision
M&B, Section 22, TIN, RIW
M&B, Section 23, TIN, R1W
Lot 28, Block 3, Harbor View Subdivision
Block 4, Harbor View Subdivision
. Lot 1, Bear Creek Fire Station #1 Subdivision
Lots 1-11, Irv Metcalf Subdivision
Lot 12, McFarland Subdivision
Lots 3 and 4, McFarland Subdivision
Lot 2A, Stevens Addition
Lots 1-4, Bryson Subdivision
M&B in Section 14, TIN, RIW
Tract A, Erv Tressler Subdivision
Lot I, Block A, Erv Tressler Subdivision
Tract 1, Ronne Subdivision
43.7 Acre Portion of N-l/2 of SW-l/4 of Section 12, TIN, RIW
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Lot I, Grouse Creek Subdivision
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Resolution No. 92-001
Exhibit B (Continued)
Lot 1, Block 3, Old Mill Subdivision
Lots 1 and 2, Block 1, Old Mill Subdivision
TIN, R1W, Seward Meridian, Section 12, Portion of SW-1!4 of the NW-1!4 of the
NE-1!4, West 1!2 of the W-1!2 of the SW-1!4 of the NE-1!4, West of the Seward Highway
Tract H of the Old Mill Subdivision, Parcel 80, TIN, R1W, Seward Meridian,
Section 1, S-1!2 of the SW-1!4, except that portion West of Grouse Lake
Tract H of the Old Mill Subdivision, Parcel 80, TIN, R1W, Seward Meridian,
Section 1, S-1!2 of the SW-1!4, that portion West of Grouse Lake
TIN, R1W, Seward Meridian, Section 12, NW-1!4 and the West 1/2 of the W-l/2
of the SW-1!4 of the NE-1!4, lying East of the Seward Highway and West of the Alaska
Railroad