HomeMy WebLinkAboutRes1992-057
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER
TO PROCEED WITH THE ACQUISITION OF PARCEL NO. 78
TO PROVIDE RIGHT OF WAY FOR THE SEWARD TRANSMISSION
LINE AND AUTHORIZING A RIGHT OF ENTRY PERMIT GIVING
THE CITY IMMEDIATE ACCESS PENDING FINAL DISPOSITION
OF THE PROPERTY
WHEREAS, the Seward Electric Utility is replacing the existing electrical
transmission line with a new transmission line; and
WHEREAS, right of way is required across portions of Old Mill Subdivision
bordering the Seward Highway and owned by Bear Fritz Land Company, Ltd.; and
WHEREAS, the portion of the lots required for the right of way includes most of
the developable land; and
WHEREAS, construction of the transmission line across virtually all of the
developable portion of the property will deprive the owner of any use of the remaining
property; and
WHEREAS, the owners have demanded that the city purchase the entire lots in
fee simple and will not agree to an easement across the lots; and
WHEREAS, the price set by the owner of the property for fee simple purchase has
been determined to be reasonable; and
WHEREAS, so as not to delay the construction contractor, it is necessary to obtain
a right of entry permit prior to closing due to the timer required to comply with city
procedures for the acquisition of real property;
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 proceed with the acquisition
of Parcel No. 78 for transmission line right of way.
Section 2. A public hearing shall be scheduled as soon as possible to solicit public
comment regarding the proposed land acquisition.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-057
Section 3. The City Manager is further authorized to obtain a Right of Entry
Permit for immediate access to the subject property pending final closing by paying to
the owners 25% of the agreed upon purchase price, with the remaining 75% to be paid
at the time fee title is conveyed to the city of Seward.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
27th day of April, 1992.
THE CITY OF SEWARD, ALASKA
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Donald W. Cripps, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Bencardino, Crane, Cripps, Krasnansky, Swartz, White
None
Dunham
None
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the city of
Seward, Alaska
I
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Fred B. Arvidson
City Attorney
(City Seal)
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AGREEMENT FOR PURCHASE
AND RIGHT-OF-ENTRY
THIS AGREEMENT is made this 30+k.day of ~ 1992, and is
between the City of Seward, an Alaska home rule Municipality,
("City") and the fOllowing person(s) ("Seller"):
Bear Fritz Land Company, Ltd.
a limited partnership
715 L Street, 'S
Anchorage, Alaska 99501
Seller owns the following described real property ("property")
located in the Seward Recording District and more particularly
described as follows:
All of those certain portions of the West One-Half (wt) of
the West One-Half (Wi) of the Southwest One-Quarter (Swt)
of the Northeast One-Quarter (NEt), and the Southwest One-
quarter (SWi) of the Southwest One-Quarter (swt) of the
Northwest One-Quarter (NWi) of the Northeast One-Quarter
(NEt), all in Section 12, Township 1 North, Range 1 West,
Seward Meridian situated westerly of the Seward Highway
right-of-way, and being within the Seward Recording
District, Third Judicial District, State of Alaska.
By resolution, 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 Twenty Thousand
Dollars ($20,000.00) cash, payable by down payaent of $5,000.00
upon execution of this Agreement and the balance of $15,000.00
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 encumbrances 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 June 8, 1992, and only upon satisfaction of
all conditions and requirements of this Agreement.
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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 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 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. If the City does not close the purchase by June 30,
1992, the City shall enter into a lease with Seller at
$4,000.00 per year. The lease shall be for a minimum of one
year renewable from year to year by mutual agreement.
Possession is to be transferred on closing, with proration of
any applicable taxes, assessments, insurance, utilities or
other charges against the property.
City shall obtain title insurance at its own expense, and
City's obligation to purchase shall be conditioned upon
obtaining a title insurance policy insuring City's ownership of
the property free and clear of any and all encumbrances. All
other closing costs shall be paid by the City. Each party shall
pay its own attorney fees.
This Agreement shall be attached to a resolution to be approved
by the City Council only after public hearing.
CITY OF SEWARD, ALASKA
~
ity Hager
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Bear Fritz nd Company, Ltd.
By: Hubert J. Gellert, President
Bear Fritz, Inc.
General Partner
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Approved as to form:
PERKINS COIE
City Attorneys for the
City of Seward
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Fred B. Arvidson
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____
day of , 1992, by Hubert J. Gellert, President of
Bear Fritz, Inc., General Partner.
Notary Public in and for Alaska
My commission expires:
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ACKNOWLEDGEMENT FOR WITNESS
UNITED STATES OF AMERleA
STATE OF #14.$.14
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On the JtJ #.. dpy of d,tJ/';; , 19 9~ , before me
~~Z ~. S"~///tI~H ., ' a N<;>tary Public for. th7 State of
__ ____ ' resldlng there~n and duly commlssloned and
sworn, personally appeared a/"u"r~H"":: -A"/'.:11'k'e.. ,
with whom I am personally acquainted and who is known to me to be
the same person whose name is subscribed to the within and
annexed instrument as a subscribing witness hereto and who, being
by me duly sworn, desposes, acknowledges and states: That he,
the affiant, resides in ~p~~~~ ~4~~ ' and that
he, the affiant, was present an s 0i!", ~7: t:f-l!'//~rf-
, known to him to be the same person
whose name is/ape subscribed to and who executed the within and
annexed instrument, personally execute and deliver the same, and
he acknowledged to said affiant that he executed the same as
~~ free and voluntary act and deed for the purposes and
consideration therein expressed and that said affiant subscribed
his name thereto as a witness.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate above
written.
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N ary ublic for the State of
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Residing at ~ch/4fIlf~ 4~sA
My commission expires ~/~~/9jV