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Sponsored by: Oates <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2010 -012 <br /> ham <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, <br /> AUTHORIZING THE DISPOSAL OF LOT AU, FOREST ACRES SUBDIVISION, <br /> SUBJECT TO A PUBLIC USE EASEMENT, TO STEVE AND MAUREEN LEMME <br /> IN EXCHANGE FOR $4,000 AND A PUBLIC USE EASEMENT ON LOT ZZ, <br /> FOREST ACRES SUBDIVISION FOR THE NORTH FOREST ACRES LEVEE/ROAD <br /> PROJECT, AND APPROPRIATING FUNDS <br /> WHEREAS, the Seward City Council approved Resolution 2007- 41 on April 23, 2007, authorizing <br /> the "2007 Red Line" Alignment for the North Forest Acres Levee/Road Project (the "Project "); and <br /> WHEREAS, the Seward City Council approved Resolution 2008 -46 on May 27, 2008, authorizing the <br /> city manager to negotiate with property owners to acquire easements, rights -of -way and/or property purchase <br /> agreements as necessary to facilitate construction of the North Forest Acres levee /road; and <br /> WHEREAS, construction of the Project requires a public use easement of 15,654 square feet (sf) out <br /> of a total 30,019 sf parcel currently owned by Steve and Maureen Lemme, identified on Plat 78 -4 as Forest <br /> Acres Subdivision Lot ZZ; and <br /> WHEREAS, Lot ZZ was appraised at $40,000, equating to $1.33 /sq. ft, resulting in a value for the <br /> public use easement of approximately $21,000; and <br /> WHEREAS, the property owner wishes to enter into a land exchange with the City in lieu of receiving <br /> monetary compensation for the public use easement, and proposes to acquire the City -owned parcel identified <br /> on Plat 78 -4 as Forest Acres Subdivision Lot AU which is located across Dimond to the west of Lot ZZ, and <br /> the City agrees to transfer ownership of Lot AU to the property owner with the understanding that the City <br /> will retain a public use easement on 13,394 sf of Lot AU as needed to construct the Project, leaving a <br /> remaining useable portion of Lot AU equal to 26,659 sf; and <br /> WHEREAS, Lot AU was appraised at $40,000, equating to $1 /sf, equating in a value for the useable <br /> portion of Lot AU equal to $26,659, and resulting in a total exchange of City property equal in value to <br /> $26,659 (plus a $4,000 cash incentive to expedite transaction) with private property valued at $21,000; and <br /> WHEREAS, the Seward Planning and Zoning Commission has authorized disposal of Lot AU; and <br /> WHEREAS, this exchange is hereby found to be in the public interest because it fairly compensates <br /> the private property owner for the public use easement acquired on their property, transfers Lot AU back into <br /> private ownership and back on the tax rolls, allows for development of portions of Lots ZZ and AU (the <br /> portions not encumbered by public use easement areas), and satisfies the City's need for these parcels to <br /> construct the Project. <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> l"'" SEWARD, ALASKA, that: <br />