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HomeMy WebLinkAboutRes1986-034 . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 86-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEl^IARD, ALASKA, AUTHORIZING THE SOLE SOURCE, NErol'IATED DISPOSAL OF :1:20 ACRES OF rAND WITHIN USS 1759 (CEMErERY RESERVE) AT LESS THAN FAIR MARKEl' VALUE 'ro THE KENAI PENINSUlA BOROUGH FOR USE AS AN ELEMENTARY SCHOOL SITE WHEREAS, the Sew-ard Carprehensive Plan (the Plan) projects a doubling of the population in the Sew-ard area over the next 10 years as a result of the new Spring Creek Correctional Facility and the Sew-ard Marine Industrial Center; and WHEREAS, the Plan also projects that due to this population increase, the present elerrentary school capacity of 450 students will be reached in 1987 or 1988; and WHEREAS, the school site selection corrmittee reviewed all land parcels within the Sew-ard area that were in excess of 15 acres and found that the only viable location for a new school was close to or adjacent to the present school canplex; and WHEREAS, the Kenai Peninsula Borough has diligently pursued acquiring private land adjacent to the present school complex location but has failed to reach an equitable price agreerrent with the owner; and WHEREAS , in order to carrq::>lete all of the preliminary site designs, =nputation of construction costs and receive Borough School District and Assembly approval in time to put the bond issue before the voters in October 1986, a specific site nust be selected within a natter of weeks; and WHEREAS, the Kenai Peninsula Borough has, in the past, made properties available in the Sew-ard area for econanic developrrent proj- ects such as the Alaska Vocational Technical Center, the Spring Creek Correctional Facility and the Sew-ard Marine Industrial Center, either through land trades or at no expense; and WHEREAS, the City of Seward has available a :1:20 acre site within the Cerretery Reserve USS 1759 that is contiguous to the present school =nplex, vacant, not dedicated to any other use and not needed for cerretery expansion; and WHEREAS, the Kenai Peninsula Borough has offered to purchase :1:20 acres within USS 1759 for $12,000 per acre; NCW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEl^IARD, ALASKA, that: -1- . . . . . CITY OF SEWARD, ALASKA RESOLUTICN NO. 86-34 Section 1. The public interest would best be served by the sole source disposition of :!20 acres of property located in the Cerretery Reserve to the Kenai Peninsula Borough for less than fair market value. Section 2. The City of Seward hereby accepts the offer made by the Kenai Peninsula Borough to purchase :!20 acres at the north end of US Survey No. 1759 for an elerrentary school site subject to the follow- ing provisions: My / /tfrJ.f/- /PfxflP<l-rtlY fYlni-/'n/ PPAfl/ f3Ji'p/J~m ;:P/ tuJrFf1IYJ; fJf! /fiV.r!.m9 W / /'r:IrJfI /tvl::l:.et:/3/ /M/ ltfr/tfi/ /f/EIrIEI:j/ / ~ /Ufr/J1/1</f'tl/ /W-/ frl:l€I /~f-P~t/ /Y-9~(J fiY-fi(jt/S.cJrii [SEE AMENDMENT BELOW] (b) the property must be replatted~ and (c) utility and access extension into the site will be ac=nplished as part of the school construction project. Section 3. The attached deed is hereby incorporated by reference and may be signed by the City Manager subject to the pro- visions set forth in Section 2 above. Section 4. This resolution shall take effect 30 days follow- ing passage and posting as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 14 day of April , 19 86 THE CITY OF SEWARD, ALASKA ~c:' ~.~.~ HARRY GIESELER, MAYOR AYES: NOES: ABSENT: ABSTAIN: BOOHER, GIESELER, GILLESPIE, HILTON, MEEHAN, SCHOLL & SIMUTIS NONE NONE NONE THIS RESOLUTION WAS AMENDED AT THE 04/14/86 MEETING BY SUBSTITUTING THE FOLLOWING FOR SECTION 2(a) ABOVE: (a) Ownership of this land shall revert back to the City of Seward if construction of an elementary school is not commenced on the site within five (5) years from this date. -2- . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 86-34 A'ITEST: . APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, l:'a'IELL AND BRUNDIN, Attorneys for the Ci ty of Seward, Alaska 7~f{I~ Fred B. Arvidson, City Attorney -3- . . . . e QUITCLAIM DEED THE GRANTOR, the CITY OF SEWARD, ALASKA, an Alaskan home-rule city, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States of America, and other good and valuable considerations in hand paid, pursuant to Resolution No. , adopted April 14, 1986, does hereby QUITCLAIM AND CONVEY unto the Kenai Peninsula Borough, P.O. Box 850, Soldotna, Alaska, 99669, the following described real property situated in and recorded in the Seward Recording District, Third Judicial District, State of Alaska: I I II I (Description to be supplied after completion of new plat, but presently called the North ~18 acres of USS 1759) Subject to: 1. Rights and reservations of record; 2. Conditions of the site and the extent of any easement, encroach-- ments, alterations, infringements or other pre-existing rights either of re- I cord or ascertainable by physical inspection; and j 3. Ownership of this land shall revert back to the City of Seward II ,I il II !i I( il I I if construction of an elementary school is not commenced on the site within five (5) years from this date. SIGNED AND ATTESTED this day of , 1986. ACCEPTED BY: GRANTOR: KENAI PENINSULA BOROUGH CITY OF SEWARD, ALASKA By: By: Stan Thompson, Mayor Ronald A. Garzini, City Manager ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska Linda S. Murphy, City Clerk 7~ f7I ~ Fred B. Arvidson, City Attorney I I I 'I l~' .-" QUITCLAIM DEED TO KPB FOR SCHOOL SITE 'i Page 2 NOTARY ACKNOWLEDGEMENT ., STATE OF ALASKA :i THIRD JUDICIAL DISTRICT ) ) ss. ) The foregoing instrument was acknowledged before me this , 19____, by Stan Thompson of the Kenai Peninsula Borough, an Alaska Municipal corporation. day of , Mayor ,I :1 II il I I I I I THIRD JUDICIAL DISTRICT I NOTARY PUBLIC My Commission Expires: NOTARY ACKNOWLEDGEMENT STATE OF ALASKA ss. The foregoing instrument was acknowledged before my this ____ day of , 19 ,by Ronald A. Garzini , City Manager of the City of Seward, Alaska, an Alaska municipal corporation. NOTARY PUBLIC My Commission Expires: II Ii :1 'I d