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Sponsored by: Hunt <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2016-073 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br /> ALASKA, RESCINDING AND REPLACING RESOLUTION 84-104 <br /> APPROVED BY THE SEWARD CITY COUNCIL ON AUGUST 31, 1984, <br /> AND AUTHORIZING THE TRANSFER OF PARCEL A-1 SPRING CREEK <br /> CORRECTIONAL FACILITY, TO THE STATE OF ALASKA <br /> DEPARTMENT OF NATURAL RESOURCES, AS THE SITE OF THE <br /> SPRING CREEK CORRECTIONAL FACILITY, SUBJECT TO A <br /> REVERSIONARY INTEREST BY THE CITY OF SEWARD <br /> WHEREAS,the Seward City Council held a public hearing and authorized the transfer of <br /> Parcel A,Spring Creek Correctional Facility,and Tract"E"Fourth of July Creek Tracts,to the State <br /> of Alaska Department of Natural Resources, on August 31, 1983 via Resolution 84-104; and <br /> WHEREAS,when the 1985 legislature failed to fund construction of the prison facility,the <br /> land transfer did not take place, but the parties instead entered into a lease/purchase bonding <br /> agreement in which the City agreed to convey the land to the State once the bonds for construction of <br /> the prison facility were paid off, subject to a reversionary clause, in which the land would transfer <br /> back to the City if the facility ceased being operated as a correctional facility; and <br /> WHEREAS,the bonds to finance the facility were paid off in September,2006,but the land <br /> transfer has not taken place because the State,until now, has maintained that despite the original <br /> agreement it could not accept ownership of land subject to any reversionary interest; and <br /> WHEREAS, the parties desire to transfer the land under slightly different terms than <br /> originally contemplated, and desire to establish a clean historical record of changes that have <br /> occurred on the property since the agreement to transfer the land was originally established;namely, <br /> to account for the City's construction and ownership of a water storage tank, sewer lagoon, and <br /> various utilities on the site by carving those off from the ultimate land transfer;to eliminate blanket <br /> easements and replace those with dedicated easements and accesses;to replat the property in order to <br /> clarify the responsibility of the parties with regard to the utilities; with the City maintaining <br /> ownership of Tract E-1 and transferring ownership of Parcel A-1 to the State, subject to the City's <br /> reversionary interest; and <br /> WHEREAS, the State Department of Law opined on October 17, 2016 that the public <br /> hearing held in conjunction with Resolution 84-104, in that it addressed a conveyance for a state- <br /> financed facility that was not built,did not apply to a conveyance for the City-financed facility that <br /> was built, necessitating an additional public hearing and clarification of the transfer of a smaller <br /> 111 quantity of land, specifically Parcel A-1 now being conveyed; and <br />