HomeMy WebLinkAboutRes1984-116
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 84-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, GRANTING A UTILITY EASEMENT TO
SEWARD PUBLIC UTILITIES IN THE FOURTH OF JULY CREEK AREA
WHEREAS, the City of Seward has deeded property to the State
of Alaska for the purposes of constructing a long term correctional
facility; and
WHEREAS, the City of Seward is granting an access easement to
be platted as a public right-of-way to the correctional facility site;
and
WHEREAS, the City of Seward, through Seward Public Utilities
will have to provide various public utilities to the correctional
facility; and
WHEREAS, it is deemed in the public interest to provide a
utility easement across City property to the correctional facility site;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized and directed
to execute the attached document, which is incorporated herein by
reference, granting Seward Public Utilities a utility easement for the
purpose of providing public utilities to the long term correctional
facility site and other adjacent land owners.
Section 2. This resolution shall take effect thirty (30) days
following its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 8th day of October , 19 84
VJ~LASKA
DONALD W. CRIPPS, MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
CRIPPS, GILLESPIE, HILTON, MEEHAN, SIMJTIS, WILLIAMS, WILSON
NONE
NONE
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. _8~
ATTEST:
(City Seal)
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APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, At torneys for the
City of Seward, Alaska
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Fred B. Arvidson, City Attorney
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UTILITY EASEMENT
This agreement is made this day of
19 , by and between the City of Seward, Alaska, a municipal corpo-
ration organized and existing under the laws of the State of Alaska,
hereinafter referred to as "Grantor", and Seward Public Utilities,
hereinafter referred to as "Grantee".
WITNESSETH:
WHEREAS, Grantor is the fee simple owner of certain real property
described below which is located within the City of Seward, Alaska; and
WHEREAS, Grantor desires to have certain City utilities delivered
to the said real property; and
WHEREAS, Grantee will deliver utilities to the said real property
only upon the granting by the owner thereof of an easement therein for
the construction and maintenance of utility thereon;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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1. Grantor does hereby grant to Grantee an easement in the real
property described below for the location, construction, maintenance,
repair and expansion of public utilities thereon.
2.
sors and
deem the
interest.
The said easement shall exist in favor of Grantee,
assigns for so long as the Grantee, its successors
presence of public utilities thereon to be in
it succes-
or assigns
the public
3. The said agreement shall and does hereby exist in the follow-
ing described real property:
A 30 foot wide easement whose centerline is as
follows:
Beginning at the centerline of the existing Nash
Road at a point which is 75 feet measured perpen-
dicular to the north boundary of U.S. Survey 1651,
in Section 18, T1S, RIE, S.M., thence on a line 75
feet measured perpendicular to said north boundary
and parallel to it a distance of 1,640 feet more or
less to the westerly boundary of Fourth of July
Creek Tract "E".
This easement to include all lands within the 30
foot width between the Nash Road Centerline and the
Tract "E" boundary however skewed.
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4. In consideration of the foregoing, the Grantee does give and
pay to the Grantor the sum of One Dollar ($1.00), the receipt of which
is hereby acknowledged.
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5. Grantee agrees to hold Grantor harmless from claims arising
out of injuries to persons or property caused by defective utility
fixtures located on the area covered by this easement.
Signed and dated this
day of
, 19
GRANTOR:
GRANTEE:
THE CITY OF SEWARD, ALASKA
SEWARD PUBLIC UTILITIES:
By:
Ronald Garzini
City Manager
By:
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys for
the City of Seward
By:
Linda S. Murphy
City Clerk
By:
Fred Arvidson
City Attorney
(City Seal)
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STATE OF ALASKA
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THIRD JUDICIAL DISTRICT
Public in and for the State of
, known to me
City of Seward, Alaska,
who acknowledged to me
and voluntarily for the
BEFORE ME, the undersigned Notary
Alaska, personally appeared
and to me known to be the City Manager of the
and who executed the foregoing instrument and
that signed and sealed the same freely
uses and purposes therein mentioned.
WITNESS MY HAND AND SEAL this
day of
19
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NOTARY PUBLIC in and for Alaska
My Commission Expires:
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STATE OF ALASKA
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) ss.
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THIRD JUDICIAL DISTRICT
BEFORE ME, the undersigned Notary Public in and for the State of
Alaska, personally appeared , known to me
and to me known the be the Grantee herein named and who executed the
foregoing instrument and who acknowledged to me that _ signed and
sealed the same freely and voluntarily for the uses and purposes therein
mentioned.
WITNESS MY HAND AND SEAL this
day of
19
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