HomeMy WebLinkAboutOrd1950-208
r
i
I
I
!
ORDINANCE NO. 208
AN ORDDJANCE OF THE CITY OF SEWALJ), ,ALASKA TO PROVID~
FOR THE RURCHASE :FROM DON CARLOS BROiVNELL OF CERTAIN
LANDS EMBRACED IN UNI'rED STATES SURVE'[ NO. 7U3 AMENDED,
.AND ADJACENT TlfERETO SITUATE WEST AND ADJACENT TO THE
CITY OF SJ\WID, FOR THE TUTAL GUN31D~TIUN ()]' TWj:,'LVl!;
THOUSAND DOLLARS .PAYABLE m K'UAL :~UNTRLY INSTALIiIJ2:NTS
OF ONE HUNDRED DULLAtili EACH W~TnOU'I' IN'rgREST.
WI{EREAS, It has become necessary; in order to make
available sites for the installation and operation thereon
of new industries and enterprises which will benefit the
civic welfare, to acquire certain real property situate
within and without the corporate limits of the City of
Seward, Alaska; and,
~TInr~~A8, an offer has been submitted to the City of
Seward, Alaska by DON CARLOS BRO:JNELL, for the sale to the
City, of approximately Two Hundred Sixty (26U) acres df
land lying i:mmediately west and adjoining the City of
Seward, for the sum of Twelve Thousand Dollars ($12,OUO.00)
payable in One Hundred Twenty (12U) monthly instalments of
One Hundred Dollars ($100.00) each; now, tnerefore,
BE IT OiWAIN..-ID BY Tili: CUMMON C'JUNCIL UF 'l'.tll!; Gl'l"{ \)F
SEW.A..w, A.LA3AA, Jili FOLLUWS:
Section 1. A Special Election is hereby oa11ed, to be
held in the City of Seward, Alaska, on the 11th. day of Dec-
ember 1950.
Section 2. There shall be submitted to the qualified
voters of said City, authorized to vote at said election,
the following proposition:
r
"Shall the CITY OF SEWARD, ALASKA
acquire by purchase from DON CARLOS BR~iNELL,
the following described tracts of land:
All the lands embraced in U. S.
Survey No. 703, as amended, situate near
Seward, Alaska, more particularly des-
cribed as follows:
Beginning at Corner No.1, a slate-
stone in place, 8 x 4 x 3 ft. marked with
a cross (1) at Corner point and "S-703,
Cor. 1", from which U. S. Location Monument
No. 726 bears South six degrees forty-five
minutes East One and sixty-seven hundredths
chains distant; thence West Twenty-two and
seventy-three hundredths chains interseet
lines 2-3 and 4-1 of the Northern Light No.
1 and Northern Light No. 6 lode claims, re-
spectively, Survey No. 981, at South eighteen
minutes east five and three tenths chains
from Comere numbered 3 and 4; fortr chains
to Corner No.2, a slates tone 24 x 4 x 12
inches, marked "S-703, Cor. 2" with mound of
stone; thence N0rth five and three tenths
chains intersect lines 3-4 of said Northern
degrees fifty-one minutes west seventeen and
twenty-seven hundredths chains from
Corner No.4; seventy-seven and thirty-five
hundredths chains to Corner No.3, on moun-
tainside and not established; thence east
twelve chains to witness corner to said Cor-
ner No.3, a alatestone 14 x 11 x 10 inches,
marked w.c. S-703, Cor. 3, with m~und of
stone; forty chains to Corner No.4, a
greenstone 16 x 12 ; 6 inches and marked
tlS-703 Cor. 4"; thence south forty-nine and
thirty-two hundredths chains to Corner No. 2
of the Northern Light No. 3 lode claim, said
Survey No. 981. seventy-two and five hundred-
ths chains t 0 Corner No. 1 of said Northern
Light No. 3 lode claim, also Corner No. 4 of
said Northern Light No. 3 lode claim Corner
one minutes west nine and nine hundredths
chains distant, and from Corner No.4, No.3
and seventy-three hundredths chains dlstant,
and from Corner No.3, corner No. 2 bears north
eighty-nine degrees fifty-one minutes east nine
and thirty-five hundredths chains to corner No.
1, the place of beginning; expresslr excepting
and excluding from these presents a 1 that
portion of the ground hereinbefore described,
embraced in said mining claim or Survey No.
981, and all veins, lodes and ledges through-
Ord. 208 - Page 2
r
J 1. fie .. t $
out their entire depth, the tops or
apexes of which lie inside of such
excluded ground; and also
a tract of land within the corporate
limits of the City of Seward, Alaska
known and designated as Tract IIA" on
official City maps and plats, being the
narrow strip of land lying between the
West side line of First Avenue, and the
West boundary line~ of the Frank L.
Ballaine soldiers additional homestead
tracts, United States Surveys No. 726
North and 726 South; but excepting and
excluding,
a tract of land within said original
Survey No. 703, acquired by Alice Brow-
nell from the City of Seward, Alaska
on the 2nd day of July 1934, and re-
corded in Volume 14 of DEEDS at p. 135;
together with all the tenements, hereditaments,
rights, privileges, and appurtenances
thereunto belonging or in anywise apper-
taining;
and excepting also a certain tract of
land mentioned in a grant of easement
and right of way in perpetuity re-
oorded in Volume 13 of Records on page
337, respecting that area in the immediate
ncini ty of the ent~8J1ce to the tunnel through
Bear Mountain; and
subject to all other and e<<isting ease-
ments end rights of way of record on
the date hereof; all mineral, mineral
rights, and the privileges thereof
beneath, the surface of extracting and
mining the same, are hereby reserved
unto the grantor, his heirs and assigns.
and any mining operations are to be
conducted with due regard to the surface
owners and so as not to interfere with
the possessory rights of residents who
may have acquired by purchase or other-
wise, tracts or lots, and engage in
business or reside thereon.
---
Ord. 208 - Page 3
r
I
........ for the sum. of Twelve Thousand
Dollars (#12,000.00) payable in the fol-
lowing manner: The sum. of One Hundred
Dollars ($100.00) immediately after the
acceptance of said proposition by the
voters at said election; and the balance
in one hundred nineteen monthly instalments
of One Hundred Dollars (tlOO.OO) each com-
mencing thirty days thereafter, and eviden-
ced by a certain promissory note executed
by the Common Council of the City of Seward
Alaska in favor or Don Carlos Brownell, in
the amount of Eleven Thousand Nine Hundred
Dollars, payable in monthly instalments of
One Hundred Dollars each as aforesaid; the
said Don Carlos Brownell to execute and
deliver to the City of Seward, upon receipt
of said initial sum. of One Hundred Dollars
and said promissory note for Eleven Thousand
Nine Hundred Dollars, a Warranty Deed, Con~
veying to the City of Seward, Alaska, good
and suffioient title to all the aforementioned
and described lands.
Section 3. All qualified voters of the said municipality
registered in compliance with the Ordinances of the City of
Seward, shall be qualified to vote at said election, and per-
sons otherwise qualified to vote but who have not registered
in compliance with said ordinance, shall not be entitled to
vote.
Section 4. The polling place for the said election shall
be at the City Hall in the City of Seward, Alaska and the polls
shall be open from 8 o'clock in the morning until 7 o'clock
in the evening of said election day.
Ord. 208 - Page 4
r
I
I
I
I
Section 5. The Common Council hereby ordains and
directs that the foregoing Proposition shall be the subject
of) and shall be voted upon at, the same election designated
in Ordinanoe No. 206, to be judged and managed by the same
judges and clerks therein appointed.
Section 6. Notice of the said election shall be given
ln the same manner provided in Section 6 of Ordinance No. 206
and there shall be added to said Notice of Special Election,
set forth in Section 7 of Ordinance No. 206, the further
proposition respecting the purchase of the lands hereinabove
described) so that the voters of the municipality may be
fully advised regarding the proposition; the description of
the lands sought to be acquired) the consideration therefor)
and the manner of paying for the same.
Btetioa 7. The fom of the Dallot shall consist of the
q~e.tioa or iropoaition set forth. in Section 2 of tbis Ordinance
wi tll tlle addi tiGn of th.e followina:
FOR th.e Purchase by the City of
Seward Alaska, from Don Carlos
Brownell, of the Brownell Hom.-
stead or Property, consisting of
approximately 26U acres, as more
fully descriied in Ordinance No.
208) for the sum of Twelve Thou-
sand Dollara payaDle in One Hun-
dred equal month.ly instalments of
One Hundred Dollars each, without
interest.
El
Ord 2u8 Page )
I
Cl
AGAINST the Purchase 'by
the City of Seward, Alaska
from Don Carlos Brownell
of the Brownell Homest ead '
or property, consisting of
epprox. 260 acres, as more
fully descri'bed in Ordinance
No. 208, for the sum of Twelve
Tl1ous8lld Dollars p81able in
One hundred twentye~Ual mon-
thly instalments of ,100 each
without interest.
Section 8. All the provisions of the laws of the United
States, the Territory of Alaska and the Ordinances of the City
of Seward regulating elections and the canvass of returns shall
govern the election to be held under the provisions hereof.
Section 9. If the above proposition carries at the said
election, the Common Council shall cause to be paid to Don
Carlos Brownell, the first instalment of One Hundred Dollars
($100.00) and by proper resolution shall authorize and direct
the execution of a promissory note in favor of Don Carlos Brow-
nell, or order, in the sum of Eleven Thousand Nine Hundred Dol-
lars ($11,1;100.00) payable in monthly instalments of One Hundred
Dollars ($lOO.UO) each over a period of One Hundred Nineteen
Months, without interest; and the Council shall receive from
Don Carlos Brownell, and the said Don Carlos Brownell shall exe-
cute and deliver to the City of Seward, Alaska, at the time of
the payment of said initial instalment to him, and the delivery
of said pD.aissory note, a good and sufficient deed, conveying
to the City of Seward title to all the lands, tenements and
hereditaments hereinabove described.
Ord 4J 8 Page b
r
I
I
I
I
i
I
,
,
Section 10. Gentemporaneously with the purchase of said
lands, if approved at said election, the Council shall adopt
such Rules and Regi1ations respecting the lands so purchased
as may tend to preserve the present scenic character and natural
condition of the same as much as circumstances permit.
Section 11. This Ordinance shall be posted on the bulletin
aoard of the City Hall in the City of Seward, Alaska for a per-
iod of at least ten days prior to the date of said election.
Section 12. An emergency is hereby declared, and this
Ordinanoe shall take effect immediately after its passage and
approval.
PASSED by the CODon Council of the
City of Seward, Alaska, and APPROVED by the
Mayor, all on this 24th day of November 1950.
..
ATTEST:
,,~ :~~
Ci ty Clerk
Ord 208 - Page 7