HomeMy WebLinkAboutRes1980-040
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6/23/80
CITY OF SEWARD, ALASKA
RESOLUTION NO. 80-40
A RESOLUTION PROVIDING FOR AN EASEMENT ACROSS A PORTION
OF CITY-O\~ED LAND TO REWARD MARINE SERVICES, INC. AND RESCINDING
RESOLUTION NO. 80-31
WHEREAS, the City of Seward, Alaska is owner of real property
more fully described as follows:
Alaska Tidelands Survey 174
WHEREAS, several years ago a portion of a building and dock now
owned by Seward Marine Service, Inc. were erroneously located on the land
described above; and
WHEREAS, the City Council hereby finds that it is in the public
interest for Seward Marine Services, Inc. to continue to operate its ware-
house and dock on the land described above due to the positive effect which
that enterprise has on the economy of Seward; and
WHEREAS, the City Council hereby finds that the described land has
not previously been dedicated to any public use; and
WHEREAS, the City Council hereby finds that the granting of an
easement across the described land through public sale is not in the public
interest and that the granting of an easement across the described land
by means of negotiation with Seward Marine Services, Inc. is in the public
interest; and
WHEREAS, the City Council did approve Resolution 80-31 on June 9,
1980 which contained an error in the discription of the easement to be granted
the City by Seward Marine Services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA that:
Section 1. Resolution No. 80-31 is hereby rescinded
Section 2. The City Manager is hereby authorized and directed to
negotiate with Seward Marine Services, Inc. whereby the City reserves the
right to construct a sewer line within a public road easement across U.S.S.
1806, and grants to Seward Marine Services, Inc. an easement allowing it to
continue to occupy and operate its warehouse and dock.
Section 3. The City Manager is further authorized and directed to
execute such easement on behalf of the City.
Section 4. This resolution becomes effective July 26, 1980.
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City of Seward, Alaska
Resolution No. RO-40
Page two
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA this 23rd day of June 1980.
CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
CAMPBELL, CRIPPS, GILLESPIE, HUGLI, LEER AND SWARTZ
NONE
SORIANO
ATTEST:
APPROVED AS TO FORM:
Ranald H. Jarrell Corporation
Attorney for the City of Seward,Alaska
~~1~!
(City Seal)
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EASEMENT
between
of the
SEWARD
Agreement made this day of July, 1980, by and
the CITY OF SEWARD, ALASKA, a municipal corporation
State of Alaska, hereinafter called "City," and
MARINE SERVICES, INC., hereinafter called "Grantee,"
WITNESSETH:
WHEREAS, City is the owner of tidelands on which
Grantee earlier constructed a portion of its dock and ware-
house; and
WHEREAS, City desires to allow Grantee to continue
to use the warehouse and dock; and
WHEREAS, Grantee consents to the City's constructing
a sewer line within a public road easement across U.S.S. 1806;
NOW, THEREFORE, it is agreed by and between the
parties as follows:
1. Granting of Easement. City hereby grants to
Grantee and its successors and assigns, an easement on ATS 174,
adjacent to USS 1806 for existing structures, including dock
and warehouse-processing facilities, and a working area for
related business activity and dredging extending beyond exist-
ing structures all as depicted in Exhibit A attached, said
easement to be appurtenant to USS 1806, which is located within
Sections 15 and 16, T 1 S, R 1 W, S.M., on the condition that
if Grantee Or its successors or assigns cease to use the land
for dock or marine service purposes, then the City may re-enter
I and repossess the land as of its former state. Such use shall
II not be deemed to have terminated upon a temporary interruption
in use such as might occur due to fire, earthquake, repairs or
replacement, so long as the holder of this easement intends
such dock and marine services use to continue.
2. Road Easement. Seward Marine Services, Inc.,
hereby grants to the City of Seward a public road easement at
the location depicted in the attached Exhibit A, and that
City is granted and has the right to an easement within the
public road easement to place an underground sewer together
with the right of access ther~to for maintenance and inspection.
The City shall indemnify and hold Seward Marine Services, Inc.,
harmless from all claims arising out of construction, operation
or maintenance of the easements recognized or granted by Seward
Marine Services, Inc., whether due to City's negligence or that
of its agents or employees.
CITY OF SEWARD, ALASKA
A municipal corporation
By
C .E. Johnson
City Manager
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SEWARD MARINE SERVICES, INC.
By
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that
acknowledged before me this
execution of the above Easement
OF SEWARD, ALASKA, and is known
for the City
day of July, lYBU,
for and on behalf of
by me to be the
of Seward, Alaska.
the
the CITY
Notary Pub11c in and for Alaska
My commission expires:
(SEAL)
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
) ss.
)
THIS IS TO CERTIFY that on the day of July,
1980, before me, the undersigned, a Notary-PUorrc in and for the
State of Alaska, duly commissioned and sworn, personally appeared
, of SEWARD MARINE SERVICES,INC., a
corporation organized and existing under the laws of the State
of Alaska, to me known to be the of said
corporation, and acknowledged to me that (s)he signed the fore~
going Easement freely and voluntarily for and on behalf of said
'I! corporation by authority of its Board of Directors, for the uses
and purposes therein mentioned.
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GIVEN UNDER my hand and official seal the day and year
last above written.
Notary Public Tnano tor Alaska
My commission expires;
Easement between City of Seward
Alaska, and Seward Marine Services,
Inc., date July ,1980.
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