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HomeMy WebLinkAboutRes1984-116 . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 84-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, GRANTING A UTILITY EASEMENT TO SEWARD PUBLIC UTILITIES IN THE FOURTH OF JULY CREEK AREA WHEREAS, the City of Seward has deeded property to the State of Alaska for the purposes of constructing a long term correctional facility; and WHEREAS, the City of Seward is granting an access easement to be platted as a public right-of-way to the correctional facility site; and WHEREAS, the City of Seward, through Seward Public Utilities will have to provide various public utilities to the correctional facility; and WHEREAS, it is deemed in the public interest to provide a utility easement across City property to the correctional facility site; 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 by reference, granting Seward Public Utilities a utility easement for the purpose of providing public utilities to the long term correctional facility site and other adjacent land owners. Section 2. This resolution shall take effect thirty (30) days following its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of October , 19 84 VJ~LASKA DONALD W. CRIPPS, MAYOR AYES: NOES: ABSENT: ABSTAIN: CRIPPS, GILLESPIE, HILTON, MEEHAN, SIMJTIS, WILLIAMS, WILSON NONE NONE NONE -1- . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. _8~ ATTEST: (City Seal) . APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, At torneys for the City of Seward, Alaska ~~I IV ~ Fred B. Arvidson, City Attorney -2- e - . UTILITY EASEMENT This agreement is made this day of 19 , by and between the City of Seward, Alaska, a municipal corpo- ration organized and existing under the laws of the State of Alaska, hereinafter referred to as "Grantor", and Seward Public Utilities, hereinafter referred to as "Grantee". WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain real property described below which is located within the City of Seward, Alaska; and WHEREAS, Grantor desires to have certain City utilities delivered to the said real property; and WHEREAS, Grantee will deliver utilities to the said real property only upon the granting by the owner thereof of an easement therein for the construction and maintenance of utility thereon; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: . 1. Grantor does hereby grant to Grantee an easement in the real property described below for the location, construction, maintenance, repair and expansion of public utilities thereon. 2. sors and deem the interest. The said easement shall exist in favor of Grantee, assigns for so long as the Grantee, its successors presence of public utilities thereon to be in it succes- or assigns the public 3. The said agreement shall and does hereby exist in the follow- ing described real property: A 30 foot wide easement whose centerline is as follows: Beginning at the centerline of the existing Nash Road at a point which is 75 feet measured perpen- dicular to the north boundary of U.S. Survey 1651, in Section 18, T1S, RIE, S.M., thence on a line 75 feet measured perpendicular to said north boundary and parallel to it a distance of 1,640 feet more or less to the westerly boundary of Fourth of July Creek Tract "E". This easement to include all lands within the 30 foot width between the Nash Road Centerline and the Tract "E" boundary however skewed. . 4. In consideration of the foregoing, the Grantee does give and pay to the Grantor the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged. -1- . . . . . 5. Grantee agrees to hold Grantor harmless from claims arising out of injuries to persons or property caused by defective utility fixtures located on the area covered by this easement. Signed and dated this day of , 19 GRANTOR: GRANTEE: THE CITY OF SEWARD, ALASKA SEWARD PUBLIC UTILITIES: By: Ronald Garzini City Manager By: ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward By: Linda S. Murphy City Clerk By: Fred Arvidson City Attorney (City Seal) :1 STATE OF ALASKA ) ) ss. ) THIRD JUDICIAL DISTRICT Public in and for the State of , known to me City of Seward, Alaska, who acknowledged to me and voluntarily for the BEFORE ME, the undersigned Notary Alaska, personally appeared and to me known to be the City Manager of the and who executed the foregoing instrument and that signed and sealed the same freely uses and purposes therein mentioned. WITNESS MY HAND AND SEAL this day of 19 i; NOTARY PUBLIC in and for Alaska My Commission Expires: ,i " -2- . . . . . STATE OF ALASKA ) ) ss. ) THIRD JUDICIAL DISTRICT BEFORE ME, the undersigned Notary Public in and for the State of Alaska, personally appeared , known to me and to me known the be the Grantee herein named 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 19 ! 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