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Sponsored by: Oates <br />CITY OF SEWARD, ALASKA <br />RESOLUTION 2009-023 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br />ALASKA, AUTHORIZING THE CITY I<7ANACER TO PROCEED WITH <br />THE ACQUISITION OF LOTS SS AND RR OF FOREST ACRES <br />SUBDIVISION IN SEWARD, ALASKA FOR $75,000, AND <br />APPROPRIATING FUNDS, FOR THE NORTH FOREST ACRES <br />LEVEE/ROAD PROJECT <br />WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, <br />and began the process of acquiring pcrntits for Phase II, known as the North Forest Acres <br />Levee/Road Project (the "Project"); and proposed acquisition is a cnicial component necessary to <br />move forward with the construction of the Project; and <br />W HF,REAS, 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 />WHEREAS, in 2008 the Seward City Council accepted the alignment of the Project as <br />dcscribcd in the Finding of No Significant hnpact and authorized the administration to pursue <br />environmental permitting and to negotiate with property owners to acquire easements, rights-ot=way <br />and/or ownership of parcels of land affected by the Project; and <br />WHEREAS, 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 fairmarkct 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 dcscribcd in this resolution ('`Property") desires to set I the <br />Property; 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 terms as set forth in <br />the agreement presented at this meeting; and <br />WHEREAS, Seward Cily Code Section 7.05.120 pcrnlits the acquisition ofreal property by <br />negotiation; and <br />WHEREAS, the essential terms and conditions contained in the form of purchase and sale <br />agreement have been available for public inspection for 10 days in the office of the City Clerk, <br />