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HomeMy WebLinkAboutRes1982-080 . . . . e 11/10/82 FBA/rsa/mr CITY OF SEWARD, ALASKA RESOLUTION NO. 82-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING COVENANTS AND RESTRICTIONS FOR THE GATEWAY SUBDIVISION (SINGLE-FAMILY DEVELOPMENT) WHEREAS, public hearings were held by the Seward Advisory Planning and Zoning Commission on October 13, 1982, on proposed covenants and restrictions for the Gateway Subdivision (single-family development); and WHEREAS, the City Council has reviewed those covenants and restrictions at its meetings of October 25, 1982 and November 15. 1982 ; and WHEREAS, the covenants and restrictions for Gateway Subdivision (single-family development) were prepared by engineers under contract to the City for the development; and WHEREAS, the City Council finds that it is in the public interest to develop covenants and restrictions for Gateway Subdivision (single-family development) in order to provide orderly development of the property, to preserve property values and provide for pleasant sanitary building sites for the construction of homes for residents of the City of Seward; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The covenants and restrictions for Gateway Subdivision (single-family development) as attached to this resolution and incorporated herein by reference are hereby adopted by the City Council of the City of Seward. Section 2. This resolution shall be effective on January 1, 1983, and prior to any sale of property within the Gateway Subdivision for single-family development. PASSED AND APPROVED BY THE CITY COUNCIL, OF THE CITY OF SEWARD, ALASKA, this 15 day of November ,1982. OF SEWARD, ALASKA MAYOR . e . CITY OF SEWARD, ALASKA RESOLUTION NO. S2-SQ Page 2 of 2 AYES: Cripps, Meehan, Gillespie, Swartz, Burgess, Wilson NOES: None ABSENT: O'Brien ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN (City Seal) "r~ CZd (jJ~ Fred B. Arvidson, Attorney . . . . . COVENANTS AND RESTRICTIONS FOR GATEWAY SUBDIVISION (SINGLE FAMILY DEVELOPMENT) The City of Seward, being the owner and developer of the real property known as Gateway Subdivision, in order to assure that future owners of the lots in the said Subdivision will be fully protected from poor quality surroundings and that they will be assured of pleasant sanitary building sites to maintain their homes, do hereby impose upon the herein described portions of said Subdivision the following covenants and restrictions which shall be effective from January 1, 1983, until such time said covenants and restrictions shall be changed by lawful authority: SECTION 1 DESCRIPTION 1.01 These covenants and restrictions shall be applicable to Blocks 1, 2, 3, 4, and 5 of Gateway Subdivision situated in the Seward Recording District, Third Judicial District, State of Alaska. . SECTION 2 DEFINITIONS 2.01 than a dwelling. "Building" shall mean and refer to a structure other 2.02 "Dwelling" shall mean and refer to a structure constructed for the purpose of human habitation. 2.03 "Lot" shall mean and refer to the individual parcels of real property as shown on the recorded subdivision plat. 2.04 "Lot Owner" shall mean and refer to the individual or individuals who have title to specific lot or lots. Seward. 2.05 "Subdivision Owner" is herein defined as the City of 2.06 "Home Occupation" means any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, and in connection with which there is no exterior sign, no display of stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. . SECTION 3 LAND USE 3.01 Each lot shall be used only for single family residential purposes. (1) . . . 3.02 Business, commercial or industrial use of the lots shall not be allowed with the exception of Home Occupations. 3.03 The storage or parking of business, conunercial or industrial supplies or equipment shall not be permitted. SECTION 4 GENERAL RESTRICTIONS AND REQUIREMENTS 4.01 Sewer and Water: The Subdivision owner has provided service. Each dwelling shall be required to connect to Individual sewage-disposal system and water system will on any lot. sewer and water this service. not be allowed 4.02 Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept from public view. All containers for the storage or disposal of such material shall be kept in a clean and sanitary condition. 4.03 Re-Subdivision: The area of lots herein described shall not be reduced in size by re-subdivision. . 4.04 Landscaping: No lot shall be completely cleared. Adequate space may be cleared to provide for construction. Trees may be thinned so long as the natural beauty and aesthetic value of the trees is retained. Within one year after completion of the dwellings and buildings, the disturbed ground shall be smoothed and revegetated. 4.05 Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other materials 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 continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. 4.06 Signs: No sign of any kind shall be displayed to the public view on any lot except for 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 or sales period. . 4.07 Pets, Livestock, and Poultry: No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other normal household pets may be kept, provided they are not kept, bred, or maintained for any conunercial purposes, and (2) . . . provided that no more than two dogs of sled-type breed may be maintained. All pets shall be restricted to owner's premises and not allowed to stray. 4.08 Extra Vehicles: Any inoperable vehicles in excess of one shall be kept in a garage or other closed structure. In no event shall an inoperable vehicle or a seldom used vehicle be parked in the street. SECTION 5 BUILDING AND DWELLING RESTRICTIONS 5.01 Dwelling Size: Dwellings shall be structures. The ground floor living area of the exclusive of one-story porches and garages, shall be not square feet for a one-story dwelling, nor less than 900 a dwelling of more than one story. Dwellings shall stories in height. single family main structure, less than 1,000 square feet for not exceed two 5.02 Carports and/or Garages: As a m1n1mum, each dwelling shall have either a two car attached carport or a one car attached or detached private garage. . 5.03 modified to the adjacent lots. Construction from identical or similar plans must be extent that no two dwellings will be duplicated on 5.04 Detached Buildings: Buildings not connected to the dwelling, such as a garage or storage building, are allowed provided they do not exceed one story in height, have a floor area less than 600 square feet, and are located on the lot in compliance with City Code. . 5.05 Temporary Structures: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other out structure shall be used on any lot at any time as a residence or for storage, either temporarily or permanently. No quonset hut or army yak or military salvage or surplus building, portable or stationary, shall be erected upon any lot or subdivided portion thereof for any purposes, nor shall any house trailer or tent be parked thereon. Provided, however, that, with the written permission of the City of Seward, the purchaser may place a trailer upon the premises for temporary living quarters during construction, but in no event shall said trailer be occupied as a residence for more than six months, and said trailer shall be removed within six months from the time it was placed on the premises. Any residence building shall be new construction and all additions to existing residence buildings shall be new construction. All buildings shall be covered with a permanent exterior siding within one year of the commencement of construction and a siding of tarpaper, cellotex or other similar covering shall not be deemed a permanent exterior siding. (3) . . . SECTION 6 GENERAL PROVISIONS 6.01 Term: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date above herein mentioned, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants either in whole or in part. 6.02 Enforcement: In case of violation or attempt to violate any of said provisions, conditions, restrictions or covenants, it shall be lawful for any person or persons owning any real property in said tract, or the holder of an agreement to purchase any such property, to enforce these covenants by proceedings at law or in equity against the person or persons violating or attempting to violate any of said provisions, conditions, restrictions or covenants, and either to prevent a violation, or to recover damages for such violation and the party bringing such action shall be entitled to reasonable attorney's fees. 6.03 Severability: Invalidation of anyone covenants by judgement or court order shall in no wise affect other provisions which shall remain in full force and effect. of these any of the . DATED this /~ day of Jcn'-tnL~ , 1982. CITY OF SEWARD, ALASKA R~~ City Manager ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward . %f1I~ Fred B. Arvidson City Attorney (Cit.:; Seal) '/ ,'1 /(/ ,') '~ ,0...... f :, ,.r" , /' (4) . . . STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT) This is to certify that on this 15 day of November 1982, before me, the undersigned Notary Public in and for the State of Alaska, personally appeared Rnn"l if A ~"r7.;n; , known to me and known to be the City Manager of the CITY OF SEWARD, the corporation that executed the foregoing protective covenants, and acknowledge 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 corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. My Commission Expires: ~~~ / 7 . . (5)