HomeMy WebLinkAboutRes2009-022Sponsored by: Oates
CITY OF SEWA1Zll, ALASKA
RESOLUTION 2009-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTf1ORIZING THE CITY MANAGER TO EXF,CUTE AND
RECORD RESTRICTIVE COVENANTS ON LOTS DB, DC, DE, DF, DG, SS,
RR, QQ, AND TRACT 4 FOREST ACRES SUBDIVISION, SEWARD
RF,CORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF
ALASKA, FOR TFIE NORTH FOREST ACRES LEVEE/ROAD PROJECT
WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002,
and recently acquired permits for Phase iI, known as the North Forest Acres Levee/Road Project (the
"Project"); and
WHEREAS, the City Council authorized the City Manager to enter into a purchase
agreement for the undeveloped land described above (the '`Property°'); and
WHEREAS, as a condition of its permit, the US Anny Corps of Engineers requires land
development restrictions be recorded on the Property before the City of Seward may construct the
Project; and
WHEREAS, the restrictive covenants, in the form prescuted at this meeting, were approved
by the Corps of Engineers; and
WHEREAS, to allow the Project to proceed, the City finds that it is in the public interest to
adopt and record in the real property records the restrictive covenants on the Property; and
WHEREAS, the essential terms and conditions of the restrictive covenants have been
available for public inspection for 10 days in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to execute and record restrictive covenants
on the undeveloped land commonly described as Lots DB, DC, DE, DF, DG, SS, RR, QQ, and Tract
4 Forest Acres Subdivision, Seward Recording District, Third Judicial District, State of Alaska, in
substantially the form as presented at this meeting, and to take all such action necessary to complete
the City's commitment to limit development nn the Property accordingly.
Section 2. This resolution shall lake effect (30) days following passage and posting.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14`" day of
~- Apri12009.
SEWARD, ALASKA
RESOLUTION 2009-022
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
AYES: Dunham, Valdatta, Bardarson, Keil, Corbridge
NOES: None
ABSENT: Smith, Kellar
ABSTAIN: Nonc
ATTEST:
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Jean Lewis
Cyty Clerk, C1C~1C
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COUNCIL AGENDA STATEMENT
Meeting llate: April 13, 2009 ~~
Through: Phillip Oates, Ci Mana er
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From: Kristin Erchinger, Finance Director ~ ! ` ~ l
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Subject: Restrictive Covenants on Lots DB, DC, DE, DF, DG, QQ,
RR, SS, and Tract 4 Forest Acres Subdivision
BACKGROUND & JUSTIFICATION
The City of Seward has received all required permits to proceed with construction of the North Forest Acres Levee/Road
Project. As a condition of the U.S. Army Corps of Engineers ("USAGE")permit (a portion of which is attached), the City
is required to purchase nine specific properties for compensatory mitigation purposes, and to place restrictive covenants
on these properties in order to provide compensation for indirect impacts associated with construction ofthe levee/road.
Proof of the recording of these restrictive covenants must be provided to the USAGE prior to commencement of in-water
work. Council authorized the administration to negotiate for the purchase ofthese nine parcels in Resolutions 2007-041
passed on Apri123, 2007, Resolution 2008-096 passed on September 22, 2008, and Resolution 2008-135 passed on
December 8, 2008.
The restrictive covenant language is included within the USAGE permit, and restricts the development of the purchased
properties in perpetuity, binding subsequent owners. The City may not construct any structure, building, improvement or
fixture on the properties, other than the levee/road project itself, utilities, fencing, and signage. The City may utilize the
property for public use recreational trails and picnic areas. The properties may not be used for commercial, industrial,
institutional, or residential development, except as used for the levee/road. The properties may be used for non-
motorized, pedestrian, ]ow impact, public use. .
CONSISTENCY CHECKLTST Yes No N/A
1. Comprehensive Plan X
3.8.1.3 -Mitigate Flood Hazards -Secure funding to implement the corrtprehensive flood mitigation plan for
Resurrection River mzd Japanese Creek.
3.8.1.4 -Investigate land trades and other mechanisms for acquisition ofpotentially hazardous lands (relative
to floods and saturated sails)
2. Strategic Plan ){
Page 11 -Secure funding to implement comprehensive flood mitigation plan for...Japanese Creek.
Page I ti- Develop a flood mitigation project to protect the runway from flooding.
FTSCAL NOTE
The City of Seward has been awarded a grant from the State of Alaska which can be used to pay the costs of recording
the restrictive covenants. The costs of executing and recording the restrictive covenants are considered nominal. There
will be a loss in property tax revenue associated with the purchase of these properties, and placement of these properties
on the tax rolls. The total loss in tax revenues for all properties purchased for the North Forest Acres Levee/Road Project
is anticipated to be less than $3,200 per year.
Finance Department: y~~~
RECOMMENDATION
Council approve Resolution 2009-22 authorizing the city manager to execute and record restrictive covenants on nine lots
in the Forest Acres Subdivision for the North Forest Acres Levee/Road Project.
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