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HomeMy WebLinkAboutRes2002-013 I I I Sponsored by: Planning & Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2002-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING DEDICATION OF CITY-OWNED PROPERTY, LOCATED ADJACENT TO FOURTH AVENUE IN THE SMALL BOAT HARBOR AREA, FOR PEDESTRIAN ACCESS PURPOSES TO ACCOMMODATE THE STATE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES HARBOR PEDESTRIAN PATHWAY PROJECT WHEREAS, the State Department of Transportation and Public Facilities proposes to construct a continual sidewalk, curb and gutter system along both sides of Fourth Avenue between Van Buren Street and Port Avenue during the 2002 construction season; and WHEREAS, in order to complete the project in the manner requested by the City, the State Department of Transportation and Public Facilities requires a public right-of-way in those areas where there is not adequate right-of-way to accommodate a public proposed sidewalk, curb and gutter facilities; and WHEREAS, the proposed proj ect is consistent with the Comprehensive, Strategic and Small Boat Harbor Management Plans which recommend developing more sidewalks, curbs and gutters throughout the community, and specifically identifies Fourth Avenue between the harbor and downtown as a priority; and WHEREAS, the Planning and Zoning Commission approved Resolution 2002-07 recommending City Council approval of specific right-of-way dedications, which may be in the form of restrictive covenants to accommodate the proposed sidewalk, curb and gutter facilities on city- owned property adjacent to Fourth Avenue in the Small Boat Harbor area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council finds it in the public interest to declare specific public right-of- way dedications for the purpose of allowing the State of Alaska Department of Transportation and Public Facilities to construct sidewalk, curb and gutter facilities on city-owned property adjacent to Fourth Avenue to accommodate the Harbor Pedestrian Pathway Project. Section 2. The City Council finds that it is in the public interest to grant the pedestrian right- of-way dedications without benefit of an appraisal of the property and at no cost. CITY OF SEWARD, ALASKA RESOLUTION 2002-013 Section 3. The City Council authorizes the City Manager to execute a declaration of covenants in substantially the form as attached for sidewalk, curb and gutter facilities to be located on the following city-owned property and further identified on the attached maps: · Along the west (Fourth Avenue) side of the Employee Parking Lot located between the boat launch ramp and the Harbor Lights Condominiums on Lot 17, Block 6, Seward Small Boat Harbor Subdivision; · Along the west (Fourth Avenue) side ofthe Harbormaster Building and Harbor Plaza on Lots 15 and 16, Block 6, Seward Small Boat Harbor Subdivision; and · Along the east (Fourth Avenue) side ofthe North Harbor Parking Lot located between the Gateway Texaco building and Napa Auto Parts store on Lot 2, Block 10, Seward Small Boat Harbor Subdivision. Section 4. This resolution shall take effect immediately following its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 th day of February, 2002. THE CITY OF SEWARD, ALASKA r~. d_.&j~} Edgar Blatchford, Mayor AYES: NOES: ABSENT: ABSTAIN: Blatchford, Brossow, Branson, Calhoon, Orr, Shafer None Clark None ATTEST: I. - I I ~;Y' / ! / .: / ; I I g / h I :' I / I :' / I I I I ~ 69L.tU.0l .... "J.S 'J.'d t NAPA AUTO PARTS )( o CD 0,.. !!!", ::1;" I 1 . ...-1.. I 11.. I I I. \] h ~ . A \ r\",.. I . 'h \t J 0;. .: T i 1 \ I / I i /. \1 ~ r 1 g t\ ( I i \ \ I \. . \i f \ . \ \ I I \: : I 1 T \ \ .; \ \ i \ . \\ \\ , \ L . i \.. : i \ .. . i I. ~ ~ II \ \ \ t \ ,= l ~\ u \ B l U \ ~~ ~ 1 \ \ ,.~ \ I \ \ . _-----...1.1-----...1 ..,. ..,. ..,. I \ "'..Jl \ \ .J~ I \ I -- '. <l:.J - " i~' j L- - - - - -- ,.;:::1.?,,~G~ p-'-" -=:::.-::; ~~~--; '" -;/ \ rr--'( I L,-. \ 'J 1 ) \ 1/ ---\ ~ \ \ 1/ . I -,~~-t-+-,- I II I / - - -l _---- I / ' 1\ I \ 1\ f-,-- .J \ II \/ - I t~ I \ \I I \ ~~ I \ f-,- - I ~ 1\ \/ -I I \ \ / \ , I \ '-,- - I \ 1\ 1/ -, , I \ \/ \ .. 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I I '\ ~ \ \ &~ \ \ \ I I I \ "t I I \ .. ~ \ \ \ - r= -- I I ' ~~ \ _L-. ---:;::::;--,-\---' \ ~ ~ \ .' ~I \ _~-.r----\ p \ / ~ ----"'" --.0 \ ..S\ . ~\ \ '" >- l \ -\~ ~.---\ ~ \~ - '" .:. '" ? \ \ \ \ - . \ \ \ \ \ \ \ \ \ 40 \ ,....). \ ~-~---\ ~ ~ -, \ , -- \ g~ \,," , Q~ \ V\ \ \ . \ \ \ \ \ \ \ _-=-=_ _ _ _ --.J --==2'UO ~ : CITY OF SEWARD SEWARD, ALASKA DECLARA nON OF RESTRICTIVE COVENANTS THE CITY OF SEWARD, an Alaska municipal corporation, whose address is P.O. Box 167 Seward, Alaska 99664, hereinafter referred to as "City," does hereby declare a public access right- of-way effective 2002 for the erection, construction, installation, and continued operation, maintenance, repair, alteration, inspection, replacement, improvement, relocation, and removal of public sidewalk, curb, gutter and related facilities and other attachments and equipment incidental thereto, through, over, in, under, and across the land owned by the City, situated in the Seward Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: . . . . . .. a portion of Lot , Block 6, Seward Small Boat Harbor Subdivision Plat Number 2000-19, Seward Recording District, Third Judicial District, State of Alaska, and more particularly depicted on Exhibit "A" attached hereto and by this reference made a part thereof The covenants hereby declared shall run with the land and shall be binding upon any and all subsequent owners, operators and successors in title to the property. The City shall have the sole and exclusive right to erect, construct, install, continue to operate, maintain, repair, alter, inspect, replace, improve, relocate, and remove such public sidewalks, curbs and gutters and their related facilities, through, over, in, under, and across, the aforesaid premises as may from time to time be necessary or desirable for the use, occupation, and enjoyment of such sidewalks and related facilities, including the right of ingress and egress to said premises, and the right to cut and keep clear of all trees, shrubbery, undergrowth and other obstructions on said premises as may be reasonably required for the construction, installation, operation, and maintenance of such public facilities.