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HomeMy WebLinkAboutRes1992-052 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 92-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE ACQUISITION OF LOTS 5-7, MCBRIDE SUBDIVISION, TO PROVIDE RIGHT-OF-WAY FOR TRANSMISSION LINE CONSTRUCTION WHEREAS, on April 13, 1992, the Seward City Council approved Resolution No. 92-047. instructing the administration to proceed with the acquisition of Transmission Line Parcels No. 18, 19 and 20j and WHEREAS, a public hearing with regards to the acquisition of these parcels, more commonly described as Lots 5-7, McBride Subdivision, was duly advertised and conducted by the City Council on April 27, 1992j and WHEREAS, it is in the public interest to acquire fee simple title to the subject property to provide right-of-way for transmission line constructionj and WHEREAS, the purchase price agreed to by the city and the owners of the property has been determined to be reasonablej and WHEREAS, it is in the public interest to waive appraisal of the subject propertyj NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to execute the necessary legal documents to acquire fee simple title to Lot 5, McBride Subdivision, (Parcel 18) for a total purchase price of $8,100.00. Section 2. The City Manager is further authorized to execute the necessary legal documents to acquire fee simple title to Lot 6, McBride Subdivision, (Parcel 19) for a total purchase price of $7,650.00. Section 3. The City Manager is also authorized to execute the necessary legal documents to acquire fee simple title to Lot 7, McBride Subdivision, (Parcel 20) for a total purchase price of $6,900.00. Section 4. This resolution shall take effect thirty (30) days following passage and posting as required by law. . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 92-052 PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 27th day of April, 1992. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA /- (/ /' . .< /; / ) (,/ ~tt:(;;?P' ~ Donald W. Cripps, Mayor Bencardino, Crane, Cripps, Krasnansky, Swartz, White None Dunham None A TrEST: (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7-M !1/L- Fred B. Arvidson City Attorney J , . AGREEMENT FOR PURCHASE AND RIGHT-OF-ENTRY THIS AGREEMENT is made this ~1t.( day of April, 1992, and is between the City of Seward, an Alaska home rule Municipality, ("City") and the following person(s) ("Seller"): Willow Ann Calacino P.O. Box 15124 Salem, Oregon 97309 Seller owns the following described real property ("property") located in the Seward Recording District and more particularly described as follows: Lot Five (5) of McBride Subdivision according to Plat No. 22 filed in the Seward Recording District, Third Judicial District, State of Alaska, excepting therefrom that portion of Lot 5 acquired by the State of Alaska by Deed recorded December 1, 1965 in Book 30D, Page 13, Seward Recording District. . By the resolution to which this Agreement is attached, the City Council of the City of Seward has determined that the acquisition of the property is necessary for the construction and improvements to the city-owned and operated electrical utility system. Seller agrees to sell the property to City for Eight Thousand One Hundred Dollars (tSl00.00) cash, payable by down payment of $2025.00 upon execution of this Agreement and the balance of t6075.00 upon closing. City's obligation to purChase is conditioned upon approval of this Agreement by the City Council of the City of Seward and is further subject to the referendum process as set forth in the charter and ordinances of the City of Seward. Seller agrees to transfer the property by Warranty Deed to the City free and clear of all encuabrances and restrictions of record. . Closing shall take place at the offices of TransAlaska Title Insurance Agency of Seward Inc., 909 3rd Avenue, Seward, Alaska 99664 on or after May 20, 1992, and only upon satisfaction of all conditions and requirements of this Agreement. R.. ",) - () if :J- .:D 'I ~ - co S" l . . . The closing agent (TransAlaska Title Insurance Agency of Seward Inc.) shall be responsible for clearing all record encumbrances fro. the property at closing, including, where applicable lien releases, reconveyances of Deeds of Trust or other restrictions. If required by the closing agent, Seller shall sign other disbursement instructions to be prepared by the closing agent. Seller understands that during the period of time between execution of this Agreement and the closing of the purchase, construction of the City's transmission line project is scheduled to begin. Seller hereby grants to the City the immediate right to enter upon the Subject property for the purposes of constructing said trans.ission line. The City agrees to hold Seller harmless fro. any and all claims, if any, that may arise as a result of the City's trans.ission line construction activities on the subject property prior to closing. Possession is to be transferred on closing, with proration of any applicable taxes, assessments, insurance, utilities or other charges against the property. City shall obtain title insurance at its own expense, and City's obligation to purchase shall be conditioned upon obtaining a title insurance policy insuring City's ownership of the property free and clear of any and all encumbrances. ~All other closing costs shall be paid by the City. Each party shall pay its own attorney fees. This Agreement shall be attached to a resolution to be approved by the City Council only after public hearing. ~. ALASKA Cl. anager SELLER(S) - ?Litj~,r/J l. low Ann Ca acino ATTES'!': ;"..--....- 'l/ . ../ OF S ....... / <(,-4. .......Jt~ ' ',..,\ ..\.~'9','O~;';''':'?~..''. .' 'V . <.. "J" . .,~ : .'~ ~~".d :" ~ ....,,~ ~'.- ; ;. SEAJ. ~" -..~ : $ ~ .1\ ......~~ ...,\." .~ ., v.' ..')... /. ...J>. ". 1. ......."-~ . '1... . . . . . . . c,:"'. " , , ~ \.~J ..\.' "-" OF .,. <\. ......-.. , . . . . Approved as to form: PBRlCllfS COIl City Attorneys for the City of Seward ~1lI.a.-. Fred B. Arvidson STATB OF ORBGOIf ) COUlfTY OF J.A t::..eJo~ ~ ss. The for,g~ing instruaent was acknowledged b.fo*e me this ~4~ day of B:f:.'KIL- , 1992, by W,l-U>v...:l M~ \:.AL.ACiNO ~ALS,~ Ifotai;-;~ in' and for .oregon My co_ission expires: ~ - I d. -CiS- ~ OFFICIAL SEAL " TONY S. R NOTARY PUBLIC ~EGON " COMMISSION NO, 006174 , MY roMMlSSKII EXPlIlES MAY 12. Il1l!\ -3- \ . AGREEMENT FOR PURCHASE AND RIGHT-Or-ENTRY THIS AGREEMENT is made this ~daY of April, 1992, and is between the City of Seward, an Alaska home rule Municipality, ("city") and the following person(s) ("Seller"): Kenneth M. Jones and Sara L. Jackinsky Box 1044 Homer, Alaska 99603 Seller owns the following described real property ("property") located in the Seward Recording District and more particularlY described as follows: Lots Six (6) and Seven (7) of McBride Subdivision according to Plat No. 22 filed in the Seward Recording District, Third Judicial District, State of Alaska, excepting therefroa those portions of Lots 6 and 7 acquired by the State of Alaska by Declaration of Taking recorded March 22, 1966 in Book 41R, Page 248, Seward Recording District. . By the resolution to which this Agreement is attached, the City Council of the City of Seward has determined that the acquisition of the property is necessary for the construction and improvements to the city-owned and operated electrical utility syste.. Seller agrees to sell the property to City for Fourteen Thousand Five Hundred Fifty Dollars ($14,550.00) cash, payable by down payment of $3637.50 upon execution of this Agreement and the balance of $10,912.50 upon closing. City's obligation to purchase is conditioned upon approval of this Agreement by the City Council of the City of Seward and is further subject to the referendum process as set forth in the charter and ordinances of the City of Seward. Seller agrees to transfer the property by Warranty Deed to the City free and clear of all encuabrances and restrictions of record. . Closing shall take place at the offices of TransAlaska Title Insurance Agency of Seward Inc., 909 3rd Avenue, Seward, Alaska 99664 on or after May 20, 1992, and only upon satisfaction of all conditions and requirements of this Agreement. R- 4 z- 0 <(r J) 'l~ - co Cf> \ . . . The closing agent (TransAlaska Title Insurance Agency of Seward Inc.) shall be responsible for clearing all record encumbrances from the property at closing, including, where applicable lien releases, reconveyances of Deeds of Trust or other restrictions. If required by the closing agent, Seller shall sign other disbursement instructions to be prepared by the closing agent. Seller understands that during the period of time between execution of this Agree88nt and the closing of the purchase, construction of the city's transmission line project is scheduled to begin. Seller hereby grants to the City the immediate right to enter upon the subject property for the purposes of constructing said transmission line. The City agrees to hold Seller harmless from any and all claims, if any, that may arise as a result of the City's transmission line construction activities on the subject property prior to closing. Possession is to be transferred on closing, with proration of any applicable taxes, assessments, insurance, utilities or other charges against the property. City shall obtain title insurance at its own expense, and City's obligation to purchase shall be conditioned upon obtaining a title insurance pOlicy insuring City's ownership of the property free and clear of any and all encumbrances. All other closing costs shall be paid by the City. Each party shall pay its own attorney fees. This Agreement shall be attached to a resolution to be approved by the City COUDcil only after public hearing. ALAsn ATTEST: \ . . . Approved as to form: PERKINS COlE City Attorneys for the City of Seward Fred B. Arvidson STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The day foregoing instrument was acknowledged before me this ~ of Apa.. J.... , 1992, by Kenneth ~: Jones. ~k~~ Not ry ~ub~1.c 1.n ~nd for ~lapka My COIUl1.SS1.on exp1.res: -;;~~ STATE or ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ~ day of ~w , 1992, by Sara L. JaCkirskY. ~'- ~117A Notary ublic in and for A,;La~a My co_ission expires: 7Ur: ? , -3-