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HomeMy WebLinkAboutRes1966-552z r (5) (6 ) (7) ($) (9) (10) RESOLUTION No. 552 Page Three The Protective Covenants restricting the use of said property, attached hereto and made a part hereof; and Award shall be to the highest bidder in excess of the minimum acceptable offer, with provision for each offer to contain a first choice, a second choice and a third choice, except that only one choice from anyone offer shall be awarded; and A bid deposit in the normal form, in the sum of ten percent (10%) of the offer is required; and Terms of sale shall be ten percent down with five years to pay plus five percent per annum interest on remaining principal balance; and Bid withdrawals after the opening shall not be permitted, and high bidders shall be required to complete total payment of their offer; and Street, L1ater and sanitary sewer development status and Plat Covenant relating thereto shall be clarified in the bid condi- tions and requirements; and BE IT FURTHER RESOLVED that an Ordinance establishing the Protective Covenants of Jesse Lee Heights Residential areas and providing for the sale of all lots in Jesse Lee Heights under the above conditions be prepared for introduction and passage on the first reading at the regular meeting of August 15, 1966 under waiver of the rules due to the existing emergency in enabling conveyance of these lots as soon as possible in order that construction may commence during this building season, as this call for bids could not be made earlier pending completion of the engineering and surveying. Introduction of this ordinance under the emergency provisions following the above public hearing shall be publicised along with notice of said public hearing. This resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this Id-dayof Atgust, 1966. . Attest: If tv2(~-~f ~R. W. Kirkp rick Mayor ~~~~r-J ,?, 7~/kd~~ .. B atrice E. Ivatts City Clerk-Treasurer PROTEcnVE WViJiAHTS ... Q) l-I ::l m I'll Q) l-I IiIll I ~ l-I (j) r-I U :>., .jJ ..-1 U , PART A. PREAMBLE: On thi s 15th day of August, 19 66, for the purpose of protecti ng all of Blocks 1, 2 and Lots 10 through 30, Block 3 of Jesse Lee Heights situated in the Seward Recording District, Third Judicial Division, State of Alaska, the owners do hereby restrict the use of the property to the following uses: PART B. AREA OF APPLICATION: m .jJ .jJ I'll ~ B-1 Fully Protected Residential Area PART C. RESIDENTIAL AREA COVENANTS: . i:il Q) U ..-1 l-I .jJ I'll J ~ ,~ ~ ~ . N It'I It'I The residential area covenants in Part "e" in their entirety shall apply to all lots of this subdivision, EXCEPTING Lots 1 through 9, Block 3, which are reserved for business uses. B-2 Lots 1 through 9, Block 3 are reserved for business uses and are subject to appropriate zoning and building regulations in force by the City of Seward ~t the time a building permit for the above lots is submitted. C-l No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height and a private garage for not more than three carS. One rental unit or apartment not exceeding 600 square feet will be allowed within the detached single family dwelling provided that the rental unit has a private exterior entrance as well as an interior entrance and that there is no exterior evidence that the single family dwelling contains a rental unit. C-2 DWELLING COST, QUALITY AND SIZE: -1- . o Z J:: o -.-I .jJ ::l r-I o m Q) ll: 4-l o .jJ l-I I'll 0. I'll Q) 'tl I'll ::E: 'tl J:: I'll o .jJ 'tl Q) ..c:: u I'll .jJ .jJ ~ No dvie 11 i ng shall be permi tted on any lot at a m,,:ket value of 1 ess than $20,000.00 based upon market value prevailing on the G~te these covenants are recorded, it being the intention and purpose of the covenants to assure that all c,;ellings shall be of a quality workmanship and materials substantially the same or better than minimum market value stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one story open proches and garages, shall be not less than 850 square feet for a one story dwelling, nor less than 800 square feet for a dwelling of more than one s1:Ory. C-3 BUILDING LOCATION: (a) No bu~lding shall be located on any lot nearer than 20 feet to the front iine, or nearer than 20 feet to any side street line. (b) Nc building shall be located nearer than 5 feet to an interior lot line. No dwe1iing shall be located on any interior lot nearer than 20 feet to the rear lot line. .._,--- . .:..,--.-._~- ~ (c) For the purpose of this covenant. eaves. steps. and open porches snall not be considered as a part of a building, provid~d however. that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot. C-4 LOT AREA AND WIDTH: No dwelling shall be erected or placed on any lot having a width of less than. 60 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of. less than 7500 square feet. C-S EASEMENTS: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these ease- ments, no structure. planting or other material 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 continaously by the owner of the lot, except for these improvements for which a public authority or utility company is responsible. C-6 NUISANCES: No noxious or offensive ac~ivity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C-7 TEMPORARY STRUCTURES: No structures of a temporary character, tent, shack. garage. barn, or other out building shall be used on any lot at any time as a residence either tem~orarily or permanently. C-8 SIGNS: No sign of any kind shall be displayed to the public view on any lot except one profeSSional sign of not more than one square foot, 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 and sales period. C-9 ~IVESTOCK AND POULTRY: No animals. livestock. or poultry of any kind shall be raised, bred, or kept on any lot. except that dogs, cats or oth~r household pets may be kept provided that they are not kept, bred or ma1ntained for any commercial purposes. C-10 GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. -2- ; I . CI t ~ Gl P'4 U ~ ... o . III .... ~ II ~ . IIl1 . U ... t1 II C III ~ \;~ ~ ~ ('II III l,o) . g s:: o ''; +I =' .... i .I ~ o .... J.l !. '" ~ :I 1 B 'I 1 ~ [0' I i C-ll WATER SUPPLY: No individual water supply system shall be permitted on any lot. C-12 SEWAGE DISPOSAL: No individual sewage-disposal system shall be permitted on any lot. EXCEPTING , the City of Seward may allow an individual sewage-disposal system on any lot not served by a community sewer system. Said individual sewage-disposal system must , be approved by the Alaska State Health Department. At such time as community sewer facilities are available to the lot. said individual sewage-disposal system will be discontinued and said lot shall connect to the available community sewer system within 90 days of its availability. PART D. GENERAL PROVISIONS: 0-1 TERM: ; , I 11 iJ .. , 1l . . .. ! I "i.' These covenants are to run with the land and shall be binding on all parties L, and all persons claiming under them for a period of thirty years from the date . these covenants are recorded, after which time said covenants shall be automatically,'- extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded. agreeing to change said covenants in whole or in part. 0-2 ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 0-3 SEVERABILITY: Invalidation of anyone of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. -3- " \ ':"\.'. ~ N 1ft '" i ~ j 1 ... 1 . I 1 s I ~ ~'n ,tI . .... liIoJ i PART E. ATTEST: .. J) r.l fJ :-, .:J .... 1,) . Ul ..I..~ KNOW ALL MEN BY THESE PRESENTS THAT WE, the undersigned, in WITNESS WHEREOF have hereunto set our hand and seal this ~ 2/~ day of ~. 19K. .... ;J ~r.: '1 r.} ."" I-.l 41 1\1 ~j m By~~_}/~h1L. ty ler - reasurer City of Seward Seward, Alaska By ~~!Ud~ lty ger . City ~eward Seward, Alaska My Commission Expires: J' ,-II-~ i . N '" oJ\ . 0 .. a .... .4J ::J ... " . II \I '*' 1M 0 .., I III j 1 3 I STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT) TJlis is to certify that on this fp..(f ~ day of A ~i f, S -r- 19~, before me, the undersigned Notary ub ic in and for the te of Alaska. personally appeared FRED J. WALTZ, known to me and known to be the CITY MANAGER of .the CITY OF SEWARD, the corporation that executed the fore- going protective covenants. and acknowledged 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 corporation seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my seal the day and year hereinabove written. and affixed my official