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HomeMy WebLinkAboutRes1984-032 . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 84-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, GRANTING TO MR. BRADLEY SNOWDEN A NONEXCLUSIVE EASEMENT ACROSS CITY PROPERTY IN THE LAUBNER ADDITION FOR ACCESS TO PRIVATE PROPERTY IN THE CLIFF ADDITION WHEREAS, in the early years of Seward there were a number of platted additions to the Original Townsite that were in essence "paper plats" which did not take topography into consideration; and WHEREAS, there are a number of land owners, including Mr. Bradley Snowden, with property that is in reality inaccessible 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 land according to the zoning and land use laws of the City of Seward; 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 "Nonexclusive Easement for Access", which is incorporated herein by reference, granting access to Mr. Bradley Snowden, his successors and assigns, for the purpose of constructing and maintaining a driveway across City property located in the Laubner Addition to his property located in the Cliff Addition. Section 2. This resolution shall take effect thirty (30) days following its enactment. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23rd day of April , 19 84 v:;;w~. AL&'~ DONALD W. CRI~YOR AYES: NOES: ABSENT: ABSTAIN: Cripps, Gillespie, Hilton, Meehan, Williams, Wilson None Swartz None -1- . . CITY OF SEWARD, ALASKA RESOLUTION NO. R4-,) ATTEST: . . (City - APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska 1~ f{;( ~ Fre B. Arvidson, City Attorney -2- . ~ . . NONEXCLUSIVE EASEMENT FOR ACCESS The grantor, THE CITY OF SEWARD, pursuant to the authority vested it under statute and municipal charter, for and in consideration of the sum of ONE AND NO/lOOTHS DOLLAR ($1.00) and other good and valuable consideration in hand ,paid, ,conveys unto the grantee, BRADLEY SNOWDEN, PO Box 1532, Seward, Alaska, 99664, a nonexclusive easement for access approximately 113 feet in length and 40 feet in width, located in the Seward Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: . All that certain real property situated in the City of Seward, Kenai Peninsula Borough, State of Alaska, and being a portion of the Laubner Addition, 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-S located at the southwest corner of Lot 2, Block 7, of the Cliff Addition (USS 1117) as shown on the Plat of the Cliff Addition Replat No.1, Plat No. 79-25, Seward Recording Office, Seward, Alaska; 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; THENCE, South, 20.00 feet; THENCE, between Laubner feet; parallel to the common said Cliff Addition and Addition N.89051 '08"E., line said 60.35 . THENCE, S.41080'40"E., 61.28 feet; -1- THENCE, S.61052'40"E., 64 feet to the TRUE POINT OF BEGINNING; THENCE, N.28007'20"E., 113 feet more or less to the Southerly Boundary of the Cliff Addition to the City of Seward. The Easement is depicted on the plat attached hereto as Exhibit "A". The Easement for purposes of egress and ingress is subject to the following conditions: 1. The Easement is to be maintained by grantee and/ or his assigns; grantor shall not be responsible for maintenance. 2. The grantor shall have use of the easement for access to City property for maintenance purposes. 3. The Easement shall serve as both a road and utility corridor. IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal this day of , 1984. THE CITY OF SEWARD, ALASKA ATTEST: I I I I I Ronald A. Garzini City Manager Linda S. Murphy City Clerk (City Seal) I I I -2- . - e STATE OF ALASKA ) . ) ss. THIRD JlffiICIAL DISTRICT ) BEFORE 'ME, the undersigned Notary Public in and for the State of Alaska, personally 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 and for Alaska My Commission Expires: . . -3- EXHIBIT "A" NONEXCLUSIVE EASEMENT TO BRAD SNOWDEN 1 .1 I I I Robert A. Summers P.E. P.O. Box 757 , _, 'r d t /.1.-, 5" i1 r. f: '1 4 ,-, ~~ ~ " . t _ r. 1. r:' ~ 't "\ .~ -------- . " -," \' --~--- 'J " t' ....'.1 _. ...t ---v--- '.... '....' ,- I:, '.I) _ -11---- " <, ":t -; , ....1 - ----- " e, I I EXHIBIT A \ I I I \ \ \ \ I \ I I SCALE J'15() , ~ ~ ~ ~ C) ~ tf) I I I I I I I I I I I I I I I I I I I I Proposed 40' Road Easement To Snowden Subdivision