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HomeMy WebLinkAboutRes2001-084 I I I POSTPONED INDEFINITELY Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION 2001-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO AMEND THE RESTRICTIVE COVENANTS ON THE HISTORIC SEWARD RAILROAD DEPOT BUILDING, LOCATED AT 501 RAILWAY AVENUE, BY DELET- ING THE PROVISION WHICH RESTRICTS THE USE OF THE BUILDING FOR FOOD OR BEVERAGE SERVICE WHEREAS, prior to selling the Historic Seward Depot to Chugach Alaska Corporation in 1998, the City of Seward placed restrictive covenants on the property; and WHEREAS, Section 1. C. of the Restrictive Covenants stipulates that no more than forty percent (40%) of the first level interior floor area of the Seward Historic Railroad Depot Building (excluding restrooms and covered open spaces) may be used for food or beverage service. Floor area shall be measured by square feet and shall be considered used for food or beverage service ifused in any manner to support food or beverage service including, but not limited to, kitchen facilities, seating and waiting areas, counters, cashier stations, server stations, busing stations, dishwashing areas, freezer and refrigeration areas, and related storage; and WHEREAS, Chugach Alaska Corporation (CAe) has requested that the City amend the covenants to remove the food and beverage service restriction; and WHEREAS, the covenants include a provision that they may be amended in whole or in part by the City of Seward; and WHEREAS, prior to CAC's renovation of the Seward Depot, the building was in such neglected condition that it was identified by the Alaska Association for Historic Preservation as one of the Ten Most Endangered Properties in 1996; and WHEREAS, the restoration of the Seward Depot required a significant capital investment from CAC, and the completed project far exceeded the City's expectations; and WHEREAS, both the Restrictive Covenants and a deed restriction require that the National Register of Historic Places status be maintained by all subsequent owners and successors of the property; and WHEREAS, the Historic Preservation Commission and Planning and Zoning Commission have recommended City Council approval of CAC's request; CITY OF SEWARD, ALASKA RESOLUTION 2001-084 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to amend the Declaration of Restrictive Covenants (recorded at Book 93, Page 802-806, Seward Recording District) on Lot 1A, Waterfront Tracts 1998 Replat by deleting Section 1. C. in its entirety, and may sign and record such an amendment on behalf ofthe City. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council ofthe City of Seward, Alaska, this 13th day of August, 2001. THE CITY OF SEWARD, ALASKA Edgar Blatchford, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Patrick Reilly City Clerk (City Seal)