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Home My WebLink AboutRes1978-037 r- I I I ! 8/17/78 JES: jml CITY OF SEWARD, ALASKA RESOLUTION NO. 78-37 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE THE DISPOSITION OF REAL PROPERTY IN THE MARATHON ADDITION AND RESCINDING RESOLUTION NOS.78-23 AND 78-25 WHEREAS, the City of Seward is committed to the development of additional housing for the elderly, and WHEREAS, Resolution No. 78-23 and 78-25 authorized the City Manager to negotiate for the disposition of City-owned property in the Marathon Addition and Jesse Lee Heights Subdivision, respectively, for sale to the Alaska State Housing Authority for construction of senior housing units, and WHEREAS, the City owns real property located within the City limits of Seward, hereinafter referred to as the "Property", in the Marathon Addition and more particularly described as follows: A plot of land in the Marathon Addition to the Seward Townsite, Township 1 South, Range 1 West, Seward Meridian, Alaska, consisting of Lots 4, 5, 11, and 12 according to the Plat thereof, filed as Plat No. 19 on August 14, 1952, in the Seward Recording District, Third Judicial District, State of Alaska and a vacated portion of Lowell Street. more particularly described as follows: Beginning at the westerly corner of Lot 5 Thence N 23057'30" W 50 feet to the southwesterly corner of Lot 11, o thence N 66 02'30" E 117.49 feet to the point of curve thence 34.38 feet along a curve to the right having a radius of 311.48 feet, thence S430l0'08" E 56.39 feet to the northerly corner of Lot 4 thence 53.23 feet along a curve to the left having a radius of 261.48 feet thence S66002'30" W 117.49 feet more or less to the point of beginning; the combined total of the lots and vacated street being 1.0393 acres more or less. i Resolution No. 78-37 Page Two WHEREAS, the Property is more suitable than that land designated in Resolution No. 78-23 or 78-25 for the planned housing construction, and WHEREAS, the City Council of the City of Seward, Alaska, hereby finds that the Property has not been dedicated to any public use, and WHEREAS, the City Council hereby finds that public sale of the Property is not in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that the City Manager is hereby authorized and directed to convey this Property to the Alaska State Housing Authority, in return for the development and substantial completion by the Alaska State Housing Authority of not less than 24 housing units for the elderly on the Property before the first day of August, 1979. This conveyance shall be such that the Property shall revert to the City of Seward if it ceases to be used for housing units for the elderly; AND, BE IT FURTHER RESOLVED that City of Seward Resolution Nos. 78-23 and 78-25 as approved on May 22, 1978, and June 5, 1978, respectively, are hereby rescinded. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28 th day of August, 1978. CITY OF SEWARD, ALASKA 1f~ llf( Mayor AYES: CAMPBELL, GILLESPIE, NOES: NONE ABSENT: LEER AND VINCENT HUGLI, MOTT AND POTTS ATTEST: APPROVED AS TO FORM: ('-. Jo nne E. Shanley City Clerk-Treasurer HUGHES, THORSNESS, GANTZ, POWELL & BRUDNIN Attorneys for the City of Seward, Alaska (City Seal) r Ii ji Ii II II II II Ii Ii I' ii II II !i !! THE CITY OF SEWARD, ALASKA, a municipal corporation il! organized under and operating pursuant to the laws of the State I of Alaska, hereinafter referred to as the "Grantor", for and in consideration of the sum of ONE DOLLAR ($1.00) and other good I and valuable consideration, the receipt of which is hereby acknow- I .: ledged, does hereby quitclaim to the ALASKA STATE HOUSING 1 II AUTHORITY of , I', I' its successors and assigns, all of the Grantor's interest in the it following described real property situated in the Seward Recording' ~ District, Third Judicial District, State of Alaska, more II ~ particularly described as follows: Ii 1: ii 'I Ii Ii 1\ II j!1 II I. II H Ii I' i! .1 Ii ! ~ " I' " I' " H " , !i I! d ii , I' H QUITCLAIM DEED A plot of land in the Marathon Addition, to the Seward Townsite, Township 1 South, Range 1 West, Seward Meridian, Alaska, consisting of Lots 4, 5, 11, and 12, according to the Plat thereof, filed as Plat No. 19 on August 14, 1952, in the Seward Recording District, Third Judicial District, State of Alaska, and a vacated portion of Lowell Street more particularly described as follows: i i " 11 l! Ii ,I I' I: I: II HUGHES THORSNESS ji ;"nPOWELL&BRUNDIN !' ....TTORN.EYS AT LAW \: ~3.. WEST THIRD AVENUE tI I: I; I' Ii r I! Ii" Such property shall be used for the construction of not less than twenty-four (24) elderly housing units by the I:!' Alaska State Housing Authority or its successors, and such construction shall be completed no later than August 1, 1979. If ! such construction is not completed prior to that date, then, in that event, said property shall revert to the Grantor. Beginning at the westerly corner of Lot 5; thence N 23057'30" W 50 feet to the southwesterly corner of Lot 11; thence N 66002'30" E 117.49 feet to the point of curve; thence 34.38 feet along a curve to the right having a radius of 311.48 feet; thence S 43010'08" E 56.39 feet to the northerly corner of Lot 4; thence 53.23 feet along a curve to the left having a radius of 261.48 feet; thence S 66002'30" W 117.49 feet more or less to the point of beginning; the combined total of the lots and vacated street being 1.0393 acres more or less. This grant is further subject to the condition that if said property ceases at any time to be used for the purpose of -1- J..'..CKOAAGE. AK 99501 i~ (901) 274-7522 j; Ii Ii Ii I' ji i! I' ,I I' i' ,: II Ii Ii Ii :i elderly housing then, in that event, said property shall revert Ii to the Grantor. ii IN WITNESS WHEREOF, the parties hereto have hereunto I. ~set their hands and seals this Ii 1978. 11 Ii !: " day of GRANTOR~ CITY OF SEWARD, ALASKA i! >i " " I, II 'I it Ii jj ATTEST ~ By Clarence E. Johnson, City Manager I JOANNE E. SHANLEY ,City Clerk-Treasurer i (CITY SEAL) 11 I I II ,I Ii I I ATTEST: GRA.1I1TEE : ALASKA STATE HOUSING AUTHORITY By Title By Title STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT I j I I ,I II HUGHES THORSNESS II GAsn POWELLaBRUNDIN II 5~:T;;S~~:~R~:V~:E I A',CHORAGE. AK 99S01 I (901) 274-1522 I I II II II I: 'I THIS IS TO CERTIFY that on this day of , , I 1978, before me, the undersigned, a Notary Public in and for the " I, State of Alaska, duly commissioned and sworn as such, personally appeared CLARENCE E. JOHNSON, known to me and to me known to be the' .; i CITY MANAGER of the CITY OF SEWARD, ALASKA, and he acknowledged to I me that he executed the above and foregoing document for and on behalf of said citYi and further appeared JOANNE E. SHANLEY, known to me and known to me to be the CITY CLERK-TREASURER of the CITY OF SEWARD, ALASKA, and she acknowledged to me that she attested to the signature of CLARENCE E.JOHNSON; and, further -2- .. II II Ii " II I' iI L " iI ilboth individuals acknowledged to me that they executed said docu- 'lment for and on behalf of the said City and they fu:nther acknow- I;ledged to me that they had the power and authority to do so as iigranted to them by said City. Ii j' IN WITNESS WHEREOF, I have hereunto set my hand and I:official seal the day and year first hereinabove set forth. i' 'I II It n ': , , 1i n H " 'I ij " Notary Public in and for Alask~ My Commission Expires: STATE OF ALASKA ) ) ss. ) ,THIRD JUDICIAL DISTRICT I I THIS IS TO CERTIFY that on this day of , 111978, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , known to me and to me known to be the of the IALASKA STATE HOUSING AUTHORITY, and he acknowledged to me that he executed the above and foregoing document for and on behalf of !said ALASKA STATE HOUSING AUTHORITY; and further appeared III , known to me and to me I known to be the of the IjALASKA STATE HOUSING AUTHORITY, and he acknowledged to me that he I II attested to the signature of ; and ilfurther, both individuals acknowledged to me that they executed II said document for and on behalf of the said ALASKA STATE I! HOUSING AUTHORITY and they further acknowledged to me that they had the power and authority to do so as granted to them by said IALASKA STATE HOUSING AUTHORITY. I IN WITNESS WHEREOF, I have hereunto set my hand and , official seal the day and year first hereinabove set forth. , II I, Ii II II 11 I. I' Ii II P Ii H HUGHES THORSNESS ;i ::=:"~TZ POWELLEk BRUN DIN H -\TTORNEYS AT LAW': -:0, ;.'EST THIRD AVENUE ;~ ':;OHQRAGE. AK 99501 i! " (907) 274-7522 i; ;; H " H I' I! ,1 '1 , Notary Public in and for Alaska My Commission Expires: -3-