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HomeMy WebLinkAboutRes1991-104 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 91-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY LOCATED WITHIN THE FOLZ SUBDIVISION FOR CONSTRUCTION OF AN ELECTRICAL SUBSTATION WHEREAS, the city of Seward desires to construct a 115KV transmission line from Lawing to Ft. Raymond Substation; and WHEREAS, the city's land acquisition contractor, Landfield Services, Inc., has concluded negotiations for the acquisition of approximately 1.84 acres of land located in the Folz Subdivision for the construction of an electrical substation; and WHEREAS, construction of a step-down substation at this location will eliminate the additional cost of modifying the Ft. Raymond Substation to accommodate the 115KV line; and WHEREAS, a Statement of Value of the subject property revealed that the negotiated purchase price approximates the fair market value of the property; and WHEREAS, a duly advertised public hearing has been conducted on the acquisition of the subject property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Agreement for Purchase of real property located at Lots 6, 7, 8, and 9, FOLZ SUBDIVISION, according to the plat thereof filed as Plat 24, on March 9, 1954, in the Seward Recording District, Third Judicial District, State of Alaska, by and between the city of Seward, purchaser, and Larry K. Evarts, vicky White Evarts, William D. Evarts, and Agnes Marie Evarts, sellers, for a purchase price of $180,000, is hereby APPROVED. A copy of the Agreement is attached and incorporated herein by reference. Section 2. The City Council further finds that it is in the public interest to waive appraisal of the subject property prior to its acquisition. Section 3. This resolution shall take effect thirty (30) days following passage and posting as required by law. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 9th day of September, 1991. -1- CITY OF SEWARD, ALASKA RESOLUTION NO. 91-104 . THE CITY OF SEWARD, ALASKA ~~ David L. Hilton, Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, Hilton, Krasnansky, Sieminski & Simutis None Dunham & Meehan None ATTEST: APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska f~~...i~ Ar<---Linda S. Murphy, CMC/AAE . City Clerk (City Seal) 7~J4~ Fred B. Arvidson City Attorney . - 2- . . . .' R.o~D I u + 11i\I\. 't (-104 A-e~v...v~S AGREEMENT FOR PURCHASE (Standard Form Intertie project) THIS AGREEMENT is made this t:!2? 7/1 day of /J L; 1991, and is between the city of Seward, an Alaska~~ municipality, ("City") and the following person(s) ("Seller"): Larry K. Evarts, a married man and husband of Vicki White Evarts, of Seward, Alaska; Vicky White Evarts, a married woman and wife of Larry K. Evarts, of Seward Alaska; and William D. Evarts, a married man and father of Larry K. Evarts, of Box 537, Sweet Home, Oregon 97386. Agnes Marie Evarts, a married woman, of Box 537, Sweet Home, oregon 97386. Seller owns the following described real property ("property") located in the Seward Recording District and more particularly described as follows: Lots 6, 7, 8, and 9, FOLZ SUBDIVISION, according to the plat thereof filed as Plat 24 on March 9, 1954, in the Seward Recording District, Third Judicial District, State of Alaska. 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 One Hundred Eighty Thousand Dollars ($180,000) cash payable by down payment of $15,000 upon execution of this Agreement and the balance of $165,000 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~ce at the offices of Seward Title Company on or after (Q- ~ /~ , 1991, and only upon satisfaction of all condit10ns and requirements of this Agreement. [AA912340.033] snS/91 Seller shall prepare and provide to the closing agent disbursement instructions and the closing agent 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. s; ~c~ty and Seller shall exchange draft closing documents by ~7~Mlte. II, 1991- Possession is to be transferred on closing, with proration of any applicable taxes, assessments, insurance, utilities or other charges against the property. Prior to closing Seller may remove personal property and new roofing materials. Further subject to City's receipt, prior to ClO~i of an~ironm~ntal assessment acceptable to City. Report to be paid for by City. ~ city shall obtain title insurance at ~ s 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 attorneys fees. This Agreement shall be attached to a resolution to be approved by the city Council only after public hearing. Approved as to form: PERKINS COlE City Attorneys for the City of Seward "7 A4rl~ JV ~ Fred B. Arvidson SELL ~ vicky ~~m c~ty ager ATTEST: ~~~c'o,g ~.~ ~t2\'v~",\ City Clerk t/cz~~ [AA912340.033] -2- 8/28/91 .' . . STATE OF ALASKA ) ) 55. THIRD JUDICIAL DISTRICT ) ~ The for~oing instrument was acknowledged before me this ~ day of ~~~ , 1991, Y arry K. Evarts. r-- State of AllUka NOTARY PUnUC KRISTI A. CLEMENS My Commlulon upl.... July 22, 1994 S SSe THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of~ J , 199, Y vicky Wh' te Evarts. ~ State of Ala$ka I' NOT~~RY punuc ....-::.~~~~s~on~;pr~s~~~ ~?994 STATE OF OREGON ~ COUNTY OF L.. /AJAJ ) SSe ) The foreg~~ _instrument was acknowledged before me this ~day of ~".(.d' , 1991, by William D. Evarts. ~:it~ <t1~ Notary Public kn and far Oregon My commission expires: 7-<f-93 STATE OF ORE~ ) COUNTY OF ,(rlk-r crc:f. ~ SSe The foregoing instrument was acknowledged before me this ~day of ~~/4I , 1991, by Agnes Marie Evarts. yb;A; _l/~ mary PUbli~r1n and for Oregon My commission expires: j-q-9..3 [AA912340,033] -3- 8/28/91