HomeMy WebLinkAboutRes1980-014
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 80-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, PROVIDING FOR THE TAKING OF A
RIGHT-OF-WAY ACROSS TWO PARCELS OF LAND FOR ACCESS TO
THE FOURTH OF JULY CREEK BY THE RIGHT OF EMINENT
DOMAIN AND FOR THE FILING OF A DECLARATION OF TAKING.
WHEREAS, the City Council of the City of Seward,
Alaska hereby determines that it is in the public interest to
build a public road or highway to the Fourth of July Creek area
within the City limits of the City of Seward, and, furthermore,
that it is in the public interest to develop a marine-oriented
industrial park in that area; and
WHEREAS, the City Council hereby determines that a
public road should be constructed from Nash Road in Seward to
the Fourth of July Creek area for the purpose of gaining public
access to that area both for the creation of the industrial
park and for opening the area for other public uses and further
municipal development; and
WHEREAS, the City of Seward, Alaska engaged a private
engineering firm, R & M Consultants (ENGINEERS), to study the
various reasonable access routes to the Fourth of July Creek
area; and
WHEREAS, ENGINEERS were instructed to study all access
routes to determine which route is most compatible with the
greatest public good and the least private injury; and
WHEREAS, the access route ultimately determined by
ENGINEERS to be the one most compatible with the greatest
public good and the least private injury is shown on the
attached map which is incorporated herein by reference as
Exhibit A; and
WHEREAS, the route selected by ENGINEERS traverses
privately owned land (PRIVATE LAND); and
WHEREAS, the legal descriptions of the PRIVATE LAND to
be utilized for such public highway or road are attached hereto
at Exhibits Band C respectively and are incorporated herein by
reference; and
WHEREAS, the parcel described in Exhibit B is owned by
Dorothy Stewart also known as Dorothy Noyes and the parcel
described in Exhibit C is owned by Virginia Darling; and
WHEREAS, the City has, through earlier action of the
City Council, offered to purchase a right-of-way across the
PRIVATE LAND at the location of the selected route; and
WHEREAS, the City Council has earlier retained an
independent appraisal company to determine the fair market
value of the portion of the PRIVATE LAND selected for the route
of the public highway; and
WHEREAS, the City Council has made its offers to
purchase the two respective rights-of-way at the highest range
of appraised value of property as determined by the independent
appraiser; and
WHEREAS, the owners of the respective parcels of the
PRIVATE LAND have refused to accept the City's offers to
purchase the respective rights-of-way due largely to the
expectation of receiving higher compensation for such
rights-of-way; and
WHEREAS, negotiations between the City and the two
owners of the PRIVATE LAND for the purchase of the right-of-way
at the location of the selected route have reached an impass;
and
WHEREAS, in order to construct the road during the
short construction season of 1980 the City must acquire
possession of the selected route and commence construction
within the immediate future; and
WHEREAS, AS 29.73.020 grants to a home rule city such
as Seward the power of eminent domain for construction of
public highways and roads; and
WHEREAS, AS 09.55.420 grants to the City of Seward the
power to obtain the selected route across the PRIVATE LAND
within a short period of time by means of filing with the
condemnation complaint a declaration of taking; and
WHEREAS, the City Council has determined that it
should not pay an amount in excess of the highest range of
appraised value for the rights-of-way and has further
determined that taking the property by the exercise of the
power of eminent domain in which the Superior Court will
determine the value of the property taken is therefore
necessary:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA that
Section 1. The City of Seward, Alaska by and through
its City Council hereby exercises its power of eminent domain
with respect to the real property described in Exhibits Band C
attached hereto for the purpose of constructing a public
highway or road to the Fourth of July Creek area.
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Section 2. The City Council hereby authorizes and
directs its attorneys to file a complaint exercising the power
of eminent domain with respect to the rights-of-way described
in Exhibits Band C attached hereto and further authorizes and
directs its attorneys to file therewith a declaration of taking
pursuant to AS 09.55.420 - .450.
Section 3. At the commencement of the condemnation
action there shall be deposited in court the amount of money
estimated by the City Council to be just compensation for the
property taken. Those amounts are the amounts earlier offered
based on the highest range of appraisel values as established
by the independent appraiser and as follows:
(1) For the property described in the attached
Exhibit B and owned by Dorothy Stewart also known as
Dorothy Noyes, the sum of $8,772.00, which is 20.4t
per square foot for approximately 0.98 acres.
(2) For the property described in the attached
Exhibit C and owned by Virginia Darling, the sum of
$68,952.00, which is l6.9t per square foot for
approximately 9.37 acres.
Any square footage taken pursuant to this property description
in excess of the estimated square footage set forth above shall
also be compensated for at the same rate as is set forth for
the particular parcel of which it is a part. Such excess
compensation for the excess square footage taken, if any, shall
be deposited in court immediately upon receipt by the City of
Seward of official notice from ENGINEER that excess footage is
actually included in the description.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this 24th day of March , 1980.
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for:
AYES:
NOES:
ABSENT:
CAMPBELL, CRIPPS, GILLESPIE, LEER, SORIANO AND SWARTZ
NONE
HUGLI
ATTEST:
APPROVED AS TO FORM:
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CRANSTON, WALTERS, DAHL & JARRELL
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Ranald H. Jarr~1
city Attorney
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LEGAL DESCRIPTION
A parcel of land located within Government Lot 3, Section 1, Township 1
South, Range 1 West, Seward Meridian, Alaska being more particularly
described as follows:
Commencing at the CE 1/16 corner of said Section 1; thence NooOO'45"E along
the 1/16 line, 783.36 feet to a point on the first curve, said point being the
POINT OF BEGINNING; thence along said first curve, being concave to the
south (and having a delta angle of 3058'15", a radius of 1223.24 feet, a
chord bearing of N68001'46"W, and an arc length of 84.78 feet); thence along
a line tangent to said curve N66000'54"W, 216.58 feet to the point of
curvature of a second curve; thence along said second curve, being concave
to the north (and having a delta angle of 5042'47", a radius of 868.51 feet,
a chord bearing of N63009'30"W, and an arc length of, 86.601 feet) to a
point on the easterly right-of-way line of Nash Road, said point being 100'
left of Nash Road <[ Station 130+59.66; thence N26007'24"W along said right-
of-way line, 215.23 feet to a point on a t!lird curve, said point being 100'
left of Nash Road <[ Station 128+44.43; thence departing from said right-
of-way line and along said third curve, being concentric to said second
curve (and having a delta angle of 19006'36", a radius of 768.51 feet, a
chord bearing of S56027'36"E, and an arc length of 256.32 feet); thence
along a line tangent to said third curve S66000'54"E, 216.58 feet to the point
of curvature of a fourth curve; thence along said fourth curve, being
concentric to said first curve (and having a delta angle of 1 041'51", a radius
of 1323.24 feet, a chord bearing of S65009'58"E, and an arc length of 39.20
feet) to a point on said 1/16 line; thence SooOO'45"W along said 1/16 line,
112.02 feet to the point of beginning, containing 44,286 square feet (1.017
acres) more or less'-
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LEGAL DESCRIPTION
A parcel of land located within SE'la NE'la and Government Lot 4 of Section
One, Township 1 South, Range 1 West, Seward Meridian, Alaska being more
particularly described as follows:
Commencing at the CE1/16 corner of said Section 1; thence NooOO'45"E along
the 1/16 line, 783.37 feet to a point on a curve, said point being the
POINT OF BEGINNING; thence along said curve, being concave to the
southwest (having a delta angle of 9021'42", a radius of 1223.24 feet, a
chord bearing of S57022'24" E, and an arc length of 199.86 feet) to a point of
tangency; thence S52041'34"E, 343.91 feet to a point on a curve; thence
along said curve being concave to the southwest (having a delta angle of
15017'28", a radius of 768.51 feet, a chord bearing of S45002'50"E, and an
arc length of 205.10 feet) to a point of tangency; thence S52035'54"W, 25.00
feet; thence S22029'48"E, 196.09 feet; thence S22006'38"E, 136.41 feet to a
point from which the CE1/16 corner of said Section 1 bears S89059'34"W,
693.08 feet; thence S38051'29"E, 173.52 feet; thence S12038'53"E, 152.07 feet
to a point on a curve; thence along said curve being concave to northeast
(having a delta angle of 13054'55", a radius of 905.37 feet, a chord bearing
of 529004'05" E, and an arc length of 219.89 feet) to a point of tangency;
thence S53058'27"W, 25.00 feet to a point on a curve; thence along said
curve being concave to the northeast (having a delta angle of 13054'55", a
radius of 930.37 feet, a chord bearing of 542059'01" E, and an arc length of
225.96 feet) to a point of tangency; thence N40003'32"E, 25.00 feet; thence
S49056'28"E, 294.05 feet to a point from which the SE Section corner of said
Section 1 bears SooOO'02"W, 1815.09 feet; thence NooOO'02"E, 228.64 feet to a
point from which the east 'la corner of Section 1 bears NooOO'02"E, 596.36
feet; thence N49056'28"W, 146.91 feet to a point on a curve; thence along
said curve being concave to the northeast (having a delta angle of 13054'55",
a radius of 730.37 feet, a chord bearing of N42059'Ol"W, and an arc length
of 177.38 feet) to a point of tangency; thence N01059'18"E, 192.42 feet;
thence N22006'38"W, 150.00 feet; thence N74051'04"W, 157.05 feet to a point
from which the east 'la corner of Section 1 bears N89059'34"E, 434.47 feet;
thence N22006'38"W, 207.48 feet to a point on a curve; thence along said
curve being concave to the southwest (having a delta angle of 15017'28", a
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radius of 893.51 feet, a chord bearing of N29045'22"W, and an arc length of
238.46. feet) to a point of tangency; thence S52035'55"W, 25.00 feet to a
point on a curve; thence along said curve being concave to the southwest
(having a delta angle of 15017'28", a radius of 868.51 feet, a chord bearing
of N45002'50"W, and an arc length of 231.79 feet) to a point of tangency;
thence N52041'34"W, 343.91 feet to a point on a curvei thence along said
curve being concave to the southwest (having a delta angle of 1P38'03", a
radius of 1323.24, a chord bearing of N58030'35"W, and an arc length of
268.69 feet) to a point of tangencYi thence SooOO'45"W, 112.01 feet to the
point of beginning containing 332,971 square feet (7.644 acres) more or less.
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