CITY OF HOMER
HOMER, ALASKA

City Manager, Public Works

RESOLUTION 07-123(A)XX

A RESOLUTION OF THE CITY COUNCIL , OF HOMER, ALASKA AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR LAND ACQUISITION IN SUPPORT OF THE CONSTRUCTION OF THE NEW HOMER WATER TREATMENT PLANT.

WHEREAS, The City has determined that a new water treatment plant is needed to assure that safe, clean drinking water meeting federal drinking water standards can continue to be provided to Homer residents; and to add the additional capacity needed to meet the needs of a growing community;, and

WHEREAS, The City has made a good faith effort to reach agreement with the landowner regarding the purchase of land (as described on Attachment A to this resolution) needed for the new water treatment plant, but the parties have been unable to make a mutually acceptable agreement;, and

WHEREAS, The City has completed the design of the new water treatment plant and is ready to solicit for construction bids in January 2008; and

WHEREAS, The City prepared a Decisional Document (document) that explains to the landowner the basis for the decision to acquire property from them for the construction of the project. This document summarizes relevant project background information, discusses the design alternatives and impacts, describes the City's consideration of public benefits and private loss, and details the necessity for acquiring the land by exercising the power of eminent domain. In addition, this document shows that the City chose the project location most compatible with the greatest public good and least private injury; and

WHEREAS, The document concludes that the taking of these properties is necessary for this project. The proposed taking would be done in a manner that is most compatible with the greatest public good and least private injury; and

WHEREAS, The project cannot be constructed in the manner described above without acquisition of the land described in the document.

NOW, THEREFORE, BE IT RESOLVED that the City Council directs authorizes the City Manager to initiate procedures to obtain the fee simple estate in the land described in the document Attachment A by exercising the power of eminent domain and payment of just compensation. The City Manager is further directedauthorized to file a declaration of taking with the filing of a complaint or at any time thereafter such filing shall be made not later than 4:00 p.m. on Friday, January 18, 2008. The Council finds that the taking of this property is necessary for the project and the project is located in a manner that is mostthis action is compatible with the greatest public good and least private injury.

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RESOLUTION 07-123(A)

CITY OF HOMER

PASSED AND ADOPTED by the Homer City Council this 1417th day of JanuaryDecember, 20087.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST: _______________________________

JAMES C. HORNADAY, MAYOR

_______________________________

JO JOHNSON, CMC, CITY CLERK

Fiscal Note: HAWSP - $100,000

RESOLUTION 07-123(A)___

ATTACHMENT A

Parcel Information:

Owner – Nancy J. Hillstrand

P.O. Box 432

Homer, Alaska 99603

Property Description – Commencing at the NW corner of the S 1/2 of Section 8, Township 6 South, Range 13 West, Seward Meridian; thence southerly along the west line of Section 8 and the east line of 30’ foot wide Carter Drive to the point of beginning; thence East, leaving said Section line, 265 feet, perpendicular to said Section line; thence parallel to said Section line, South 660 feet, to the North line of the S ¼ of Section 8 and the north line of Lot 34, Tulin Terrace Subdivision – Upper Terrace, as shown on Plat # 96-51, recorded at the Homer Recording District; thence West along the north line of said Lot 34, 265 feet, to the west line of said Section 8 and the east line of 30 foot wide Carter Drive; thence North 660 feet, along the west line of said Section 8, to the point of beginning; containing 4.014 acres more or less.