HomeMy WebLinkAboutRes1984-002
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 84-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, GRANTING MR. BERNARD HULM A
RIGHT-OF-WAY ACROSS CITY PROPERTY IN THE LAUBNER
ADDITION TO ACCESS PRIVATE PROPERTY
WHEREAS, in the early years of the formulation of the Town of
Seward there were a number of subdivisions and additions to the Town
that we.re, in essence, "paper plats" which did not take into consid-
eration the topography of the land; and
WHEREAS, there are a number of land owners, including Mr.
Hu1m, with property that is in reality unaccessible via the platted
streets; and
WHEREAS, it is the goal of the City of Seward that all private
landowners should have the opportunity to develop their property if it
is possible;
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, granting
a right-of-way to Mr. Bernard Hulm, his successors and assigns, for the
purpose of constructing and maintaining a driveway.
Section 2. This resolution shall take effect thirty days
following its enactment.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 16th day of January , 1984.
ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Gillespie, Hilton, Meehan, Swartz, Williams, Wilson
Cripps,
None
None
None
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 84-2
ATTEST:
(City Seal)
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APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
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Fred B. Arvidson, City Attorney
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NONEXCLUSIVE EASEl-lENT FOR ACCESS
The grantor, City of Seward, pursuant to the authority vested
it under statute and municipal charter, for and in the consideration of
the sum of ONE AND NO/lOO DOLLAR ($1.00) and other good and valuable
consideration
hand
paid,
Bernard
Hu1m,
of
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conveys
unto
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Seward, Alaska, a nonexclusive
easement for access approximately 400 feet in length and 40 feet in
width in the Seward Recording District, Seward, Alaska and more
particularly described as follows:
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All that certain real property situated in the City of Seward,
Kenai Peninsula Borough, State of Alaska, and being a portion
of the Laubner Additon, Plat No.2, as recorded in the Seward
Recording Office, Seward, Alaska, being a 40.00 foot wide
easement, 20.00 feet on each side of the following described
centerline;
COMMENCING at a found 5/8 inch rebar stamped LS 3753-5 located
at the southwest corner of Lot 2, Block 7, of the Cliff
Addition (USS 1117) as shown on the Plat of Cliff Addition
Rep1at No.1, plat No. 79-25, Seward Recording Office, Seward,
Alaska;
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Thence south, along the west line of Lot 1, Block 7, of said
Cliff Addition, 49.27 feet to a point on the northern line of
aforesaid Laubner Addition located at the southwest corner of
said Lot 1, Block 7, Cliff Addition and the TRUE POINT OF
BEGINNING;
Thence South, 20.00 feet;
Thence parallel to the common line between said Cliff Addition
and said Laubner Addition N.89051'08" E., 60.35 feet;
Thence S.41008'40''E., 61.28 feet;
Thence S.61052'40" E., 200 feet, more or less, to the westerly
line of the alley located in Block 11 of aforesaid Laubner
Addition and the tprminus of said 40.00 foot wide easement.
The easement is depicted on the plat attached hereto as Exhibit "A".
The easement for the purposes of egress and ingress
to the following conditions:
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1. The easement is to be maintained by grantee and/or his
assigns; grantor shall not be responsible for maintenance.
2. Other property owners to the north and the south of
grantee's property will have use of the easement in order to access
their property.
3. The grantor shall have use of the easement for access to
Second Lake for park purposes.
4. Users of the Two Lakes trail will have pedestrian use of
the easement.
5. The easement will serve as both a road and utility
corridor.
IN WITNESS IffiEREOF, the grantor has hereunto set its hand and
seal this
day of
, 198
THE CITY OF SEWARD, ALASKA
ATTEST:
Ronald A. Garzini, City Manager
Linda S. Murphy, City Clerk
(City Seal)
STATE OF ALASKA
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THIRD JUDICIAL DISTRICT
RRFOR~ ME, the undersigned Notary Public in and for the State
of Alaska, pet"sona'.ly appeared , known to
me and to me known to be the City Manager of the City of Seward, Alaska,
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 , 1984.
NOTARY PUBLIC in for Alaska
My Commission Expires:
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tachment to ?eS. No, R4-2
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SECOND AVE.
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