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RESOLUTION No. 552
Page Three
The Protective Covenants restricting the use of said property,
attached hereto and made a part hereof; and
Award shall be to the highest bidder in excess of the minimum
acceptable offer, with provision for each offer to contain a
first choice, a second choice and a third choice, except that
only one choice from anyone offer shall be awarded; and
A bid deposit in the normal form, in the sum of ten percent
(10%) of the offer is required; and
Terms of sale shall be ten percent down with five years to pay
plus five percent per annum interest on remaining principal
balance; and
Bid withdrawals after the opening shall not be permitted, and
high bidders shall be required to complete total payment of
their offer; and
Street, L1ater and sanitary sewer development status and Plat
Covenant relating thereto shall be clarified in the bid condi-
tions and requirements; and
BE IT FURTHER RESOLVED that an Ordinance establishing the Protective
Covenants of Jesse Lee Heights Residential areas and providing for
the sale of all lots in Jesse Lee Heights under the above conditions
be prepared for introduction and passage on the first reading at the
regular meeting of August 15, 1966 under waiver of the rules due to
the existing emergency in enabling conveyance of these lots as soon
as possible in order that construction may commence during this
building season, as this call for bids could not be made earlier
pending completion of the engineering and surveying. Introduction of
this ordinance under the emergency provisions following the above
public hearing shall be publicised along with notice of said public
hearing.
This resolution shall be effective on the date of passage and approval.
Passed and approved by the City Council of The City of Seward, Alaska,
this Id-dayof Atgust, 1966.
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Attest:
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~R. W. Kirkp rick
Mayor
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B atrice E. Ivatts
City Clerk-Treasurer
PROTEcnVE WViJiAHTS
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PART A. PREAMBLE:
On thi s 15th day of August, 19 66, for the purpose of protecti ng
all of Blocks 1, 2 and Lots 10 through 30, Block 3 of Jesse Lee Heights
situated in the Seward Recording District, Third Judicial Division, State of
Alaska, the owners do hereby restrict the use of the property to the following
uses:
PART B. AREA OF APPLICATION:
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B-1 Fully Protected Residential Area
PART C. RESIDENTIAL AREA COVENANTS:
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The residential area covenants in Part "e" in their entirety shall apply to
all lots of this subdivision, EXCEPTING Lots 1 through 9, Block 3, which are
reserved for business uses.
B-2 Lots 1 through 9, Block 3 are reserved for business uses and are subject
to appropriate zoning and building regulations in force by the City of Seward
~t the time a building permit for the above lots is submitted.
C-l No lot shall be used except for residential purposes. No building shall
be erected, altered, placed, or permitted to remain on any lot other than one
detached single family dwelling not to exceed two and one-half stories in
height and a private garage for not more than three carS. One rental unit or
apartment not exceeding 600 square feet will be allowed within the detached
single family dwelling provided that the rental unit has a private exterior
entrance as well as an interior entrance and that there is no exterior evidence
that the single family dwelling contains a rental unit.
C-2 DWELLING COST, QUALITY AND SIZE:
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No dvie 11 i ng shall be permi tted on any lot at a m,,:ket value of 1 ess than
$20,000.00 based upon market value prevailing on the G~te these covenants are
recorded, it being the intention and purpose of the covenants to assure that all
c,;ellings shall be of a quality workmanship and materials substantially the same
or better than minimum market value stated herein for the minimum permitted
dwelling size. The ground floor area of the main structure, exclusive of one
story open proches and garages, shall be not less than 850 square feet for a one
story dwelling, nor less than 800 square feet for a dwelling of more than one
s1:Ory.
C-3 BUILDING LOCATION:
(a) No bu~lding shall be located on any lot nearer than 20 feet to the front
iine, or nearer than 20 feet to any side street line.
(b) Nc building shall be located nearer than 5 feet to an interior lot line.
No dwe1iing shall be located on any interior lot nearer than 20 feet to the
rear lot line.
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(c) For the purpose of this covenant. eaves. steps. and open porches snall not
be considered as a part of a building, provid~d however. that this shall not be
construed to permit any portion of a building, on a lot to encroach upon another
lot.
C-4 LOT AREA AND WIDTH:
No dwelling shall be erected or placed on any lot having a width of less
than. 60 feet at the minimum building setback line nor shall any dwelling be
erected or placed on any lot having an area of. less than 7500 square feet.
C-S EASEMENTS:
Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat. Within these ease-
ments, no structure. planting or other material shall be placed or permitted to
remain which may damage or interfere with the installation and maintenance of
utilities, or which may change the direction of flow of drainage channels in
the easements. or which may obstruct or retard the flow of water through
drainage channels in the easements. The easement area of each lot and all
improvements in it shall be maintained continaously by the owner of the lot,
except for these improvements for which a public authority or utility company
is responsible.
C-6 NUISANCES:
No noxious or offensive ac~ivity shall be carried on upon any lot, nor
shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood.
C-7 TEMPORARY STRUCTURES:
No structures of a temporary character, tent, shack. garage. barn, or
other out building shall be used on any lot at any time as a residence either
tem~orarily or permanently.
C-8 SIGNS:
No sign of any kind shall be displayed to the public view on any lot except
one profeSSional sign of not more than one square foot, one sign of not more than
five square feet advertising the property for sale or rent. or signs used by a
builder to advertise the property during the construction and sales period.
C-9 ~IVESTOCK AND POULTRY:
No animals. livestock. or poultry of any kind shall be raised, bred, or
kept on any lot. except that dogs, cats or oth~r household pets may be kept
provided that they are not kept, bred or ma1ntained for any commercial purposes.
C-10 GARBAGE AND REFUSE DISPOSAL:
No lot shall be used or maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept except in sanitary containers. All
incinerators or other equipment for the storage or disposal of such material
shall be kept in a clean and sanitary condition.
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C-ll WATER SUPPLY:
No individual water supply system shall be permitted on any lot.
C-12 SEWAGE DISPOSAL:
No individual sewage-disposal system shall be permitted on any lot. EXCEPTING
, the City of Seward may allow an individual sewage-disposal system on any lot not
served by a community sewer system. Said individual sewage-disposal system must
, be approved by the Alaska State Health Department. At such time as community
sewer facilities are available to the lot. said individual sewage-disposal system
will be discontinued and said lot shall connect to the available community sewer
system within 90 days of its availability.
PART D. GENERAL PROVISIONS:
0-1 TERM:
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These covenants are to run with the land and shall be binding on all parties L,
and all persons claiming under them for a period of thirty years from the date .
these covenants are recorded, after which time said covenants shall be automatically,'-
extended for successive periods of 10 years unless an instrument signed by a
majority of the then owners of the lots has been recorded. agreeing to change said
covenants in whole or in part.
0-2 ENFORCEMENT:
Enforcement shall be by proceedings at law or in equity against any person
or persons violating or attempting to violate any covenant either to restrain
violation or to recover damages.
0-3 SEVERABILITY:
Invalidation of anyone of these covenants by judgement or court order
shall in no wise affect any of the other provisions which shall remain in
full force and effect.
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PART E. ATTEST:
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KNOW ALL MEN BY THESE PRESENTS THAT WE, the undersigned, in WITNESS
WHEREOF have hereunto set our hand and seal this ~ 2/~ day of
~. 19K.
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By~~_}/~h1L.
ty ler - reasurer
City of Seward
Seward, Alaska
By
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lty ger
. City ~eward
Seward, Alaska
My Commission Expires:
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STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT)
TJlis is to certify that on this fp..(f ~ day of A ~i f, S -r-
19~, before me, the undersigned Notary ub ic in and for the te of
Alaska. personally appeared FRED J. WALTZ, known to me and known to be
the CITY MANAGER of .the CITY OF SEWARD, the corporation that executed the fore-
going protective covenants. and acknowledged that he executed said instrument
as a free and voluntary act and deed of said corporation for the use and
purpose therein mentioned, and on oath stated that he was authorized to
execute said instrument. and that the seal affixed is the corporation seal
of said corporation.
IN WITNESS WHEREOF, I have hereunto set my
seal the day and year hereinabove written.
and affixed my official