HomeMy WebLinkAboutOrd1966-353
ORDINANCE NO. 353
AN ORDINANCE OF THE CITY OF SEwARD, ALASKA, TO ESTABLISH THE PROTEOTIVE
COVENANTS OF THE JESSE LEE HEIGHTS RESIDENTIAL AREA: TO ORDER THE SALE
OF ALL LOTS IN THE JESSE LEE HEIGHTS; AND DECLARING AN EMERGENCY PERTAINING
TO INTRODUCTION, PASSAGE AND EFFECTIVE DATE OF THIS ORDINANCE.
THE CITY OF SE#ARD. ALASKA ORDAINS:
Section 1. This Ordimnce includes all prop~ty subdivided and
platted by the Jesse Lee Heights plat as approved by the Seward~1ty
Council, the Seward Planning & Zoning CommissJbn and the Kenai Peninsula
Borough Assembly, and filed for recording with the Deputy Magistrate and
ex-officio Recorder for the Seward Recording District, Seward, Alaska.
Section 2t Protective Covenants - The following Protective
Covenants shall be and are hereby adopted, shall be placed on file
for recording by the Deputy Magistrate and ex-officio Recorder for the
Seward Recording District, and shall be included in and made part of
each real estate contract and deed conveying any residential lot or
conveying any interest in any residential lot in Jesse Lee Heights, and no
such lot shall be sold to".any person, firm or corporatioft except said
Protective Covenants shall be included in the instruments of pu~ehase.
Said Protective Covenants shall not supercede any other City of Seward
building, electrical, plumbing, fire safety or minimum housing code
provision which may be of a higher standard or restriction.
PROTECTIVE COVENANTS
PART A. PREAMBLE:
day of
~ 19____, for the punpose
On this
of protecting 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:
B-1 Fully Protected Residential Area
The residential area CO~'Al'nants in Part IICIi in their entirety shall
apply to all lots of this subdivision, EXCEPTING Lots 1 through 9,
Block 3, which are reserved for business uses.
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ORDINANCE NO. 353
Page Two
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 at the time a building permit for the above lots is
submitted.
PART C. RESIDENTIAL AREA COVENANTS:
C-1 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 D~mLLING COST, QUALITY AND SIZE:
No dwelling shall be permitted on any lot at a market value of less
than $20,000.00 based upon market value prevailing on the date of these
covenants are recorded, it being the intention and purpose of the
covenants to assure that all dwellings 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 porches 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 story.
C-3 BUILDING LOCATION:
(a) No building shall be located on any lot nearer than 20 feet to the
front line, or nearer than 20 feet to any side street line.
(b) No building shall be located nearer than 5 feet to an interior lot
line. No dwelling shall be located on any interior lot nearer than 20
feet to the rear lot line.
ORDINANCE NO. 353
PaGe Three
(c) For the purpose of this covenant, eaves, steps, and open porches
shall not be considered as a part of a building, provided however, that
this shall not be construed to permit any portion of a building, on a lot
to encroach upon ~nother lot.
C-4 LOT AREA AND ~rrDTH:
No dwelling shall be erected or placed on any lot having a width of
less than 60 feet at the minimum bu~ing setback line nor shall any
dwelling be erected or placed on any lot having an area of less than
7,500 square feet.
C-5 EAS~~ENTS:
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 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
continuously by the owner of th~ lot, except for these improvements:for
which a public authority or utility company is responsible.
C-6 NUISANCES:
No noxious or offensive activity 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 outbuilding shall be used on any lot at any time as a residence
either temporarily or permanently.
ORDIN\ NCE NO. :3 53
Page Four
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 LIVESTOCK AND PCULTRY:
No animals, livestock, or poultry of any kind shall be raised, bred,
or kept on any lot, except that dogs, cats or other household pets may be
kept provided that they are not kept, bred or maintained for any commercial
purposes.
C-IO 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 con-
tainers. All incinerators orother equipment for the storage and disposal
of such material shall be kept in a clean and sanitary condition.
C-ll WATER SUPPLY:
No individual water supply system shall be permitted on any lot.
C-12 SEi~GE 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 Depart-
ment. 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.
ORDINANCE NO. 353
Page Five
PART D. GENERAL PROVISIONS:
D-l TERM:
These covenants are to run with the land and shall be 'inding on all
parties 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.
D-2 ENFORCm~ENT:
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.
D-) 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,
PART E. ATTEST:
KNOW ALL MEN BY THESE PRESENTS THAT ~VE, the undersigned, in WITNESS
viliEREOF have hereunto set our hand and seal this
day of
, 19
By
By
Fred J. Waltz
City Manager
City of Seward
Seward, Alaska
Beatrice E. Watts
City ClerK-Treasurer
City of Seward
Seward, Alaska
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ORDINANCE NO. 353
Page Six
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT)
This is to c~rtify that on this day of
19 , before me, the undersigned Notary Public in and for the State of
Alaska, personally appeared Fred J. Waltz, known to me and known to be
the CITY ~~NAGER of THE CITY OF SEWARD, the corporation that executed
the foregoing 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 \~TNESS .mEREOF, I have hereunto set my hand and affixed my
official seal the day and year herinabove written.
Notary Public in and for the State of
Alaska
~ly Commission Expires:
(a) Said Protective Covenants may be included in and made a part of
the deed by reference to the Jesse Lee Heights Plat and Protective
Covenants on file and recorded as above stated.
Section 3. Sale of Lots Ordered - Under the following conditions
all residential and commercial lots in Jesse Lee Heights shall be and
are hereby ordered sold to the highest and best legal bidder pursuant
to advertisement for sealed bids authorized by Resolution No. 552 as
passed and approved by the Seward City Council on the 1st day of
August, 1966:
(a) That the offer shall be not less than the minimum acceptable
price for any lot as established by Resolution No. 552.
(b) That a down payment in a.. sum equal to not less than ten
(10%) percent of the offer shall be paid on or before signing the real
estate contract.
(c) That the balance of the -purchase price shall be paid in not more
than five (5) years, in installments of not less than one-fifth (1/5th)
of said balance.
(d) Five (5%) percent per annum interest on the remaining unpaid
principal balance shall be paid simultaneously with the installment on
principal balance.
ORDINANCE NO. 353
Page Seven
(e) Under the conditions of Section 3 (a), (b), (c), and (d), all
lots remaining unsold pursuant to advertisement for sealed bids as
authorized by Resolution No. 552 aforementioned, shall be sold to bona
fide City of Seward residents at an over the counter sale for the minimum
published acceptable price on a first come first served basis, at the
office of the City Clork, City Hall, Seward, Alaska, commencing at 8:00 a.m.
September 7, 1966 until 5:00 p.m., September 13, 1966, and commencing
at 8:00 a.m., September 14, 1966 on the same basis and at the same place
to Seward residents and non-residents alike.
Section 4. Severability - If any portion of this Ordinance is held
to be invalid, such invalidity shall not affect the remainder of this
Ordinance, and, to that end, this Ordinance is declared to be severable.
Section 5. Declaration of Emergency and ~aiver of Rules -
In order to enable construction on the lots in Jesse Lee Heights
during the present construction season, and in view of the public notices
afforded by calling for bids, an emergency is hereby declared to exist
and the rules governing the introduction, passage and approval and
effective date of ordinances are hereby waived and this Ordinance shall
be passed and approved upon its first reading and 'shall be effective
immediately.
Section 6 - Publication - Publication of this Ordinance shall be
made by posting a copy hereof for a period of ten (10) days on the
Bulletin Boards in City Hallmd in the U.S. Post Office both in the City
of Seward, Alaska, and by publishing a notice of the place of posting and
a brief statement of the purpose of this Ordinance in a newspaper of
general circulation in the City within a reasonable time.
PASSED AND APPROVED by the Seward City Council this
of August, 1966.
Is-d
day
;f0:~
R. ~v. Kir patr ck
Mayor
Attest:
~~~ ~/~
atrice E. I,vatts .
~ty Clerk-Treasurer