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Sponsored by: Oates <br />CITY OF SEWA1Zll, ALASKA <br />RESOLUTION 2009-022 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br />ALASKA, AUTf1ORIZING THE CITY MANAGER TO EXF,CUTE AND <br />RECORD RESTRICTIVE COVENANTS ON LOTS DB, DC, DE, DF, DG, SS, <br />RR, QQ, AND TRACT 4 FOREST ACRES SUBDIVISION, SEWARD <br />RF,CORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF <br />ALASKA, FOR TFIE NORTH FOREST ACRES LEVEE/ROAD PROJECT <br />WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, <br />and recently acquired permits for Phase iI, known as the North Forest Acres Levee/Road Project (the <br />"Project"); and <br />WHEREAS, the City Council authorized the City Manager to enter into a purchase <br />agreement for the undeveloped land described above (the '`Property°'); and <br />WHEREAS, as a condition of its permit, the US Anny Corps of Engineers requires land <br />development restrictions be recorded on the Property before the City of Seward may construct the <br />Project; and <br />WHEREAS, the restrictive covenants, in the form prescuted at this meeting, were approved <br />by the Corps of Engineers; and <br />WHEREAS, to allow the Project to proceed, the City finds that it is in the public interest to <br />adopt and record in the real property records the restrictive covenants on the Property; and <br />WHEREAS, the essential terms and conditions of the restrictive covenants have been <br />available for public inspection for 10 days in the office of the City Clerk. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />OF SEWARD, ALASKA that: <br />Section 1. The City Manager is hereby authorized to execute and record restrictive covenants <br />on the undeveloped land commonly described as Lots DB, DC, DE, DF, DG, SS, RR, QQ, and Tract <br />4 Forest Acres Subdivision, Seward Recording District, Third Judicial District, State of Alaska, in <br />substantially the form as presented at this meeting, and to take all such action necessary to complete <br />the City's commitment to limit development nn the Property accordingly. <br />Section 2. This resolution shall lake effect (30) days following passage and posting. <br />PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14`" day of <br />~- Apri12009. <br />