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Sponsored by: Oates <br />CITY OF SEWARD, ALASKA <br />RESOLUTION 2009-021 <br />A RESOLUTION OF'CHE CITY COUNCIL OF THE CITY OF SF.WARD, <br />ALASKA, AUTHORIZING THF. CITY MANAGER TO PROCF,Ell WITH <br />THE ACQUISITION OF LOTS AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, <br />QQ, AND TRACTS 1, 2, 3, AND 4 OF FOREST ACRES SUBDIVISION IN <br />SEWARD, ALASKA FOR $429,000.00, AND APPROPRIATING FUNDS FOR <br />THE NORTH FOREST ACRES LEVEE./ROAD PROJF,C'C <br />WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, <br />and began the process of acquiring permits for Phase 1[, known as the North Forest Acres <br />Levee/Road Project (the "Project"); and proposed acquisition is a crucial component necessary to <br />move forward with the construction of the Project; and <br />WHEREAS, the City of Seward spent many years developing the design and location for a <br />levee/road to benefit the people of Seward; and <br />WHF,REAS, in 2008 the Seward City Council accepted the alignment of the Project as <br />described in the Finding of No Significant Impact and authorized the administration to pursue <br />environmental permitting and to negotiate with property owners to acquire easements, rights-of--way <br />and/or ownership of parcels of land affected by the Project; and <br />WHERF,AS, the US Army Corps of Engineers issued a permit in 2009 to the City of Seward <br />to construct the Project in accordance with the conditions of the permit; and <br />WHEREAS, at the direction of the City, appraisals were made of the fair market value ofthe <br />parcels of land, all of which are undeveloped parcels of land, and each appraisal received an <br />appraisal review; and <br />WHEREAS, the owner of the land described in this resolution ("Property") desires to sell the <br />Property, as evidenced by listing the Property with a broker; and <br />WHEREAS, to allow the construction to occur within the timeframe requested by the Corps <br />of Engineers, the City finds that it is in the public interest to pay more than fair market value for the <br />Property in consideration of the timeliness of a closing of the sale and for other terns as set forth in <br />the agreement presented at this meeting; and <br />WHEREAS, Seward City Code Section 7.05.120 permits the acquisition of real property by <br />negotiation; and <br />V1'HEREAS, the essential terms and conditions contained in the form of purchase and sale <br />,,,_ agreement (the "Purchase and Salc Agreement") have been available for public inspection for 10 <br />