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.