HomeMy WebLinkAboutKWIK LOG BLK 3 LT 8 I
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Octobe~ 9, ].968
Louis A. Delgado
O. Box
Anchorage, Alaska 99501
SUBJECT: Well l~serve Eaeen~nt
hot 8, Block 3, Kwik Log Subd.
We understaud that you hesitate to grant the subject easement to
the owners of the Kwik Log Subdivision as you fsel the easement
will detract f~om your property value.
This letter is to explain the necessity of the easemmnt and to
Urge you to I~Ssist the owner of the system and this office in our
efforts to b~iag the wate~ supply into compliance with applicable
codes.
lbs Alaska Administrative Code establishes protective radii around
all semi-public and public water supply systems. It is against
the law to install vamious portions of sewerage system~ within
these madii. The well ~nvolved is a Class A, Semi-public ~md the
pmotective radii are as follows~
(i)
(2)
(~)
0-~0 feet - No source of potential contamination
~O-O0 f~et - Only cast iron sewer pipe with leaded and
caulked joints
80-120 feet - Enclosed portions of sewage disposal facilities,
i. ~., septic tanks, A/C pipe, etc.
beyond 120 feet - Seepage pits, drain fields, and othmr
seepage systems may be installed.
Irre~ardless of the e~istenee o~ the nonexistence of the requi~ed
easement, it ~s illegal to violate the protective radii established
in the code.
The easementtls rf~e. ly a me~bod of assuring that the well is not
encroached upon without requi~ing conttnuad surveillance by the
Department.
Mr. Louis A. Delgado
Page 2
October 9, 1968
We ars sure that you can appreotate this need if you consider that
many of these small subdivisionst wells stay in uss for 20 years or
more. Recordin~ of the easement provides a permanent reoo~d and an
effeotive me,hod of preventing e~croachment.
As the situation stamts today, we are unabl~ to approve the water
system for servl¢le to additional homes~ ~on~eq~ently, if you were
to develop your property, w~to~ f~om the e~istin8 system would ~ot
be available.
Again, we urge you to provide the neoessary easements at this time
that thi~ matter eau be permanently dispatched.
Sincerely,
DAVID R.L. DUNCAN, M. D.
Medical Dim~ctor
BY: ........
Rolf'R, St~tOkiand, ~ S.
Sanitarian
RECEIPT FOR CERTIFIED NiAIL-°20¢
SENT TO
CITY, STATE, AND ZIP CODE
POSTMARK
OR DATE
EXTRA SERVICES FOR ADDITIOtlAL FEES
D~h¥or to
doltvored dell'voted
Nov, 1964
ST UC 'nOHS 're I
Show to vaom dale, and r-'q Oellver OIqL¥ /
~ addro~ wh~re dRllvered ~J lo ~ddfosseo /
Received tl~e hum~red article d~scrlbed beloW.
SiGHATURETME OF ADDRESSEE (3lust a/ways b#filled ~)
.[UR'~"~'~DDi:~ESSEE'$ AGI~NT, IF ANY ~'
EASEMENT
P_age 1 of 3
This agreement, made and entered into this ~ ........ )day of
,by and between ' ,"x~,_; i /i / 8..j .:-L.' ~, -?/tH, ]
of Anchorage, Alaska, party of 'the first part, which expmession shall
include his, hem, or rheim heirs, executors, administmato~s, agents~
o~ as~{~ whe~ the context so mequires or admits~ and [ --
.... )~ of Anchomage, Alaska, party of the
second part, which expression includes his, her, or their heirs,
executors, administrators, om agents where the context so requimes
oF admits, witnesseth:
Whereas, the party of the first part owns and has title to that
real estate and real property located near Anchorage, Alaska,
described as follows: ~J .) (),~:^7~'/~' L b ~ ~:~ ):' .!
i
And whereas, the party of-the second pa~t owns and has title to
a parcel of property which adjoins the foregoing and described as
desires to grant a perpetual easement for the purpose of
located at (.. Lo7 ~I~ '/~ ~t< ~ ~ ~<~.U~ k:
and the easement shall be within the radius of
from the well site.
said well shall be
Now, therefore, it is hereby agreed as follows:
The party of the second part does hereby grant, ~sign, and
set ovem to the party of the first part a pempetual easement for
]~ag_~e.2 of 3
the purpose of installing and operating a community water system,
said well shall be located at ( ~:> ? (' /;?i..(.~j~: [ ~: ) c/) t.~z/.~ .~
as located on that certain ~mend by the Greater Anchorage
Platting Board and filed for record, such easement shall be within
the radius of ( /~20 )feet from the well site.
The party of the second part shall fully use and enjoy the
~F~ro~id p~mlses~ except as to the rights herein granted.
This agreement is subject to the following provisions:
1. Second Party shall:
a) Restrict the use of that portion of ( L~ r ~ )
which falls within the ( ~d )foot
radius of the well from all sources of contamination~
and that portion of said tract which falls within
the ( ~) )foot radius shall have no sewer,
septic tank, or disposal fields, except that sewer
lines of cast iron pipe with leaded and caulked
joints shall be permitted, and that portion which
falls within the ( ~2d2 )foot radius shall
have no seepage pits, and that portion which falls
within the ( /~'~ )foot radius shall have no
cesspools, as regulated by the Greater Anchorage Area
Borough Health Department.
To have and to hold the said easement, right, and right of
way unto the party of the first part, successors, or assigns for a
period of perpetuity and under the conditions, restrictions and
considerations as set forth above.
~ge p~pf ~
It is expressly understood and agreed that this easement is a
covenant running with the land.
IN WITNESS WHEREOF~ the parties hereto have caused this
agreement to be executed under seal as of the day and year first
above written.
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )
This is to certify that on the ( ) day of ( )
before me, the undersigned Notary Public in and for the State of
Alaska, duly commissioned and sworn, personally appeared (
) known to me and to me known to
be the individuals named in and who executed the foregoing instrument~
and acknowledged to me, each for himself and not for the other,
that they signed and sealed the same as their voluntary act and deed
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereto set my hand and official seal
the day and year first above written.
Notary Public in '~-~-for Alaska
My commission expires:__