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HomeMy WebLinkAboutRes1984-002 . . . e - CITY OF SEWARD, ALASKA RESOLUTION NO. 84-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, GRANTING MR. BERNARD HULM A RIGHT-OF-WAY ACROSS CITY PROPERTY IN THE LAUBNER ADDITION TO ACCESS PRIVATE PROPERTY WHEREAS, in the early years of the formulation of the Town of Seward there were a number of subdivisions and additions to the Town that we.re, in essence, "paper plats" which did not take into consid- eration the topography of the land; and WHEREAS, there are a number of land owners, including Mr. Hu1m, with property that is in reality unaccessible via the platted streets; and WHEREAS, it is the goal of the City of Seward that all private landowners should have the opportunity to develop their property if it is possible; 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, granting a right-of-way to Mr. Bernard Hulm, his successors and assigns, for the purpose of constructing and maintaining a driveway. Section 2. This resolution shall take effect thirty days following its enactment. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 16th day of January , 1984. ALASKA AYES: NOES: ABSENT: ABSTAIN: Gillespie, Hilton, Meehan, Swartz, Williams, Wilson Cripps, None None None -1- . . . - CITY OF SEWARD, ALASKA RESOLUTION NO. 84-2 ATTEST: (City Seal) -2- . APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska -w ;J/~ Fred B. Arvidson, City Attorney . . . "'-, ">', ~: lj II , " ' , ../ t. v \"~ ( ,\: \.'\.: ? ... ~ ~ - ~ NONEXCLUSIVE EASEl-lENT FOR ACCESS The grantor, City of Seward, pursuant to the authority vested it under statute and municipal charter, for and in the consideration of the sum of ONE AND NO/lOO DOLLAR ($1.00) and other good and valuable consideration hand paid, Bernard Hu1m, of in conveys unto I 'U Seward, Alaska, a nonexclusive easement for access approximately 400 feet in length and 40 feet in width in the Seward Recording District, Seward, Alaska and more particularly described as follows: " " All that certain real property situated in the City of Seward, Kenai Peninsula Borough, State of Alaska, and being a portion of the Laubner Additon, Plat No.2, as recorded in the Seward Recording Office, Seward, Alaska, being a 40.00 foot wide easement, 20.00 feet on each side of the following described centerline; COMMENCING at a found 5/8 inch rebar stamped LS 3753-5 located at the southwest corner of Lot 2, Block 7, of the Cliff Addition (USS 1117) as shown on the Plat of Cliff Addition Rep1at No.1, plat No. 79-25, Seward Recording Office, Seward, Alaska; \/) ,0. Thence south, along the west line of Lot 1, Block 7, of said Cliff Addition, 49.27 feet to a point on the northern line of aforesaid Laubner Addition located at the southwest corner of said Lot 1, Block 7, Cliff Addition and the TRUE POINT OF BEGINNING; Thence South, 20.00 feet; Thence parallel to the common line between said Cliff Addition and said Laubner Addition N.89051'08" E., 60.35 feet; Thence S.41008'40''E., 61.28 feet; Thence S.61052'40" E., 200 feet, more or less, to the westerly line of the alley located in Block 11 of aforesaid Laubner Addition and the tprminus of said 40.00 foot wide easement. The easement is depicted on the plat attached hereto as Exhibit "A". The easement for the purposes of egress and ingress to the following conditions: '\. .' !.) \{ I i \ i' 1. The easement is to be maintained by grantee and/or his assigns; grantor shall not be responsible for maintenance. 2. Other property owners to the north and the south of grantee's property will have use of the easement in order to access their property. 3. The grantor shall have use of the easement for access to Second Lake for park purposes. 4. Users of the Two Lakes trail will have pedestrian use of the easement. 5. The easement will serve as both a road and utility corridor. IN WITNESS IffiEREOF, the grantor has hereunto set its hand and seal this day of , 198 THE CITY OF SEWARD, ALASKA ATTEST: Ronald A. Garzini, City Manager Linda S. Murphy, City Clerk (City Seal) STATE OF ALASKA ) ) ss. ) THIRD JUDICIAL DISTRICT RRFOR~ ME, the undersigned Notary Public in and for the State of Alaska, pet"sona'.ly appeared , known to me and to me known to be the City Manager of the City of Seward, Alaska, 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 , 1984. NOTARY PUBLIC in for Alaska My Commission Expires: - tachment to ?eS. No, R4-2 - ~ . ~~t\,:b,.. 1)-' ~r-. }~~~ ~~~~ ~ ~ \.) .... . Ii\ <\ ~ & ~ \b ~~ 'O~ ~~ 6'\", 'l\t11 . . - ,;- - ------ -' l"'- I ~ 1-'" \ ... .... ' \ (I' r ~ ~. I '-l:I ---" :t \ .. -~\ ~ .. .. -1'1' \ ... ... \ (.J~ , t ( . ( .' \J~ \ ~\. Ij; r' {':N '-" _. I ... \ \ \ -- Ot:'tl ,,~ ~~ ~Q <4t1) ~'ti ~~ ~ .. a> A ~ ~ <.n ~ hot ~ ""'\ \ \ \ \ : i" ,L. - "-'<"'~r'':> (~ \ -,~ \ \ I \ , \ \ \ \ , .l' \.}~ '. .... \ \ \ ,'l \ ",,, L (_I/~ rl~"""r I \\' \ (\.. \ -' -\ \ \ -- SECOND AVE. . .' .----- --,- --- --- .----- -- -- . - ' (I) 1'\ 'a. \"0 ~ - ..~ ~ ----------- - --- - ----