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CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2010 -01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, PROVIDING A
RECOMMENDATION TO COUNCIL ON THE NOMINATION FOR
DISPOSAL THROUGH NEGOTIATION FOR LOT AU FOREST ACRES
SUBDIVISION SUBJECT TO A PUBLIC USE EASEMENT, TO STEVE
LEMME IN EXCHANGE FOR A PUBLIC USE EASEMENT ON LOT ZZ,
FOREST ACRES SUBDIVISION FOR THE NORTH FOREST ACRES
LEVEE/ROAD PROJECT
WHEREAS, the Seward City Council approved Resolution 2007- 41 on April 23, 2007,
authorizing the "2007 Red Line" Alignment for the North Forest Acres Levee/Road Project (the "Project ");
and
WHEREAS, the Seward City Council approved Resolution 2008 -46 on May 27, 2008, authorizing
the city manager to negotiate with property owners to acquire easements, rights -of -way and/or property
purchase agreements as necessary to facilitate construction of the North Forest Acres levee /road; and
WHEREAS, construction of the Project requires a public use easement of 15,654 square feet (sf)
out of a total 30,019 sf parcel currently owned by Steve Lemme, identified on Plat 78 -4 as Forest Acres
Subdivision Lot ZZ; and
WHEREAS, Lot ZZ was appraised at $40,000, equating to $1.33 /sq. ft, resulting in a value for the
public use easement of approximately $21,000; and
WHEREAS, the property owner wishes to enter into a land exchange with the City in lieu of
receiving monetary compensation for the public use easement, and proposes to acquire the City -owned
parcel identified on Plat 78 -4 as Forest Acres Subdivision Lot AU which is located across Dimond Road
to the west of Lot ZZ, and the City agrees to transfer ownership of Lot AU to the property owner with the
understanding that the City will retain a public use easement on 13,394 sf of Lot AU as needed to construct
the Project, leaving a remaining useable portion of Lot AU equal to 26,659 sf; and
WHEREAS, Lot AU has not previously been identified as available for disposal and pursuant to
the Resolution 1994 -101, this proposal is before the Commission for review and recommendations
regarding the disposing of the nominating parcel; and
WHEREAS, Lot AU was appraised at $40,000, equating to $1/sf, equating in a value for the
useable portion of Lot AU equal to $26,659, and resulting in a total exchange of City property equal in
value to $26,659 with private property valued at $21,000; and
WHEREAS, this exchange is hereby found to be in the public interest because it fairly
Seward Planning and Zoning Commission
Resolution 2010 -01
Page 2 of 2
compensates the private property owner for the public use easement acquired on their property, transfers
Lot AU back into private ownership and back on the tax rolls, allows for development of portions of Lots
ZZ and AU (the portions not encumbered with public use easement areas), and satisfies the City's need for
these parcels to construct the Project; and
WHEREAS, the nomination for disposal by negotiation is consistent with the Comprehensive Plan,
Municipal Lands Management Plan and the Seward All Hazard Mitigation Plan.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission
that:
Section 1. The recitals stated above are incorporated by reference herein. For the reasons stated
above, the Planning and Zoning Commission hereby recommends that the City Council authorize the
disposal of Lot AU by negotiation.
Section 2. The Planning and Zoning Commission finds it is in the best interest of the City of
Seward to dispose of Lot AU, while maintaining a public use easement on 13,394 sq. ft. of Lot AU as
needed to construct the North Forest Acres Levee/Road Project, subject to the final terms contained
negotiated in the Purchase and Sale Agreement.
Section 3. This resolution shall take effect immediately e y upon its adoption.
PASSED AND APPROVED by the Planning and Zoning Commission of Seward, Alaska, this 5th
day of January, 2010.
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES: Ecklund, Morgan, DeMarco, Heinrich, Roach'
NOES: None
ABSENT: Stauffer
ABSTAIN: None
VACANT: One '�. o r Se *. * * *.
ATTEST: .°GS ?",;:�r4..6
. ; 3 n o • Je Lewi
X � '�"' / C i Clerk
(City Seal) • O p ! 4 • q, 1 ; °°• Y