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Sponsored by: <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2010 -046 <br /> A RESOLUTION OF THE CITY OF SEWARD, ALASKA, APPROPRIATING <br /> AN ADDITIONAL $20,720 TO ACQUIRE PROPERTY RIGHTS <br /> NECESSARY TO CONSTRUCT THE NORTH FOREST ACRES <br /> LEVEE/ROAD PROJECT ACROSS TRACT B, DIECKGRAEFF - GILLESPIE <br /> REPLAT, FOR A TOTAL COST NOT TO EXCEED $71,720 <br /> WHEREAS the Seward City Council passed Resolution 2010 -025 on March 22, 2010, <br /> authorizing eminent domain proceedings to acquire property rights necessary to construct the North <br /> Forest Acres Levee/Road Project; and <br /> WHEREAS, said Resolution expressed the willingness to pay the owners fair market value <br /> for a public use easement and in addition, an amount equal to fair market fee value for damages to <br /> the area north of the easement; and <br /> WHEREAS, said Resolution further expressed a willingness to pay the higher of two peer - <br /> reviewed independent appraisals aimed at determining the fair market value of the public use <br /> easement plus the fair market fee value for damages to the area north of the easement; and <br /> WHEREAS, the first appraisal report was dated April 6, 2009 by MacSwain Associates, <br /> LLC ( "MacSwain ") resulting in a total value of $46,300, and the second appraisal report was dated <br /> April 26, 2010 by Black- Smith, Bethard & Carlson ( "BSBC "), resulting in a total value of $65,200 <br /> ($23,000 value of easement plus $42,200 damages); and <br /> WHEREAS, the purpose of this resolution is twofold; 1) to appropriate additional funding <br /> in the amount of $20,720 as necessary to pay the higher of the two appraisals ($65,200) plus an <br /> additional 10% of $6,520, for a total cost to the City of $71,720; and 2) to authorize the city <br /> manager to enter into a negotiated settlement by May 14, 2010, or to proceed as authorized by <br /> Resolution 2010 -025, to institute eminent domain proceedings including the use of a declaration of <br /> taking. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF SEWARD, ALASKA that: <br /> Section 1. The additional amount of $20,720 is hereby added to the $51,000 previously <br /> appropriated in Resolution 2010 -025, for a total appropriation of $71,720, constituting the appraised <br /> fair market value for a public use easement plus the fair market value for damages to the remaining <br /> property Tract B, Dieckgraeff - Gillespie Replat, with said funding to come from net assets account <br /> no. 666- 6664 -3050 to account no. 666 - 6664 -5790 for the purposes stated above. <br />