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Sponsored by: Oates <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2010 -025 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br /> ALASKA, AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO <br /> ACQUIRE PROPERTY RIGHTS NECESSARY FOR CONSTRUCTION OF <br /> THE NORTH FOREST ACRES LEVEE/ROAD PROJECT ACROSS TRACT <br /> B, DIECKGRAEFF - GILLESPIE REPLAT <br /> WHEREAS the administration has engaged in negotiations regarding the acquisition of <br /> property rights for the North Forest Acres Levee/Road (the "Project "); and <br /> WHEREAS, successful negotiations have been completed with owners of 20 of the 21 <br /> parcels needed to construct the Project; and <br /> WHEREAS, the City has made every reasonable effort to acquire Tract B, Dieckgraeff- <br /> Gillespie Replat by negotiated agreement in accordance with applicable law; and <br /> WHEREAS, the City offered to obtain a driveway permit from the Alaska Department of <br /> Transportation and Public Facilities and to relocate the existing unpermitted driveway, despite <br /> acknowledging that the Project will not touch the existing driveway (estimated value, approximately <br /> $8,500.00); and <br /> WHEREAS, further delay as a result of continued non - productive negotiations <br /> would have a detrimental effect upon the cost and scheduling of the Project; and <br /> WHEREAS, the Decisional Document presented at this meeting fairly summarizes the <br /> attempts to reach a negotiated settlement and the situation now faced by the City, supporting use of <br /> the City's power of eminent domain in this instance. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF SEWARD, ALASKA that: <br /> Section 1. The decisional document in the form presented at this meeting has been reviewed <br /> and accepted by the City Council and is approved for use in filing a declaration of taking for the <br /> property described at Tract B, Dieckgraeff - Gillespie Replat. <br /> Section 2. It is hereby determined that a public use easement is to be acquired across Tract <br /> B, Dieckgraeff - Gillespie Replat as further described in the attached decisional document. This <br /> acquisition is hereby determined to provide the greatest public good for the least private injury. <br /> Section 3. The City Manager and City Attorney are authorized to institute eminent domain <br /> proceedings including the use of a declaration of taking against Tract B, Dieckgraeff- Gillespie Replat <br /> to proceed with the construction of the North Forest Acres Levee/Road Project. <br />