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BELLS FLATS Tract A, Blk 2, Lot 2 - Code EnforcementERWIN, SMITH, GARNETT & BENDELL ATTORNEYS AT LAW 3812 SPENARD ROAD, SUITE 201 ANCHORAGE, ALASKA 99503 PHONE (907) 276-3125 ROBERT C. ERWIN FLOYD V. SMITH RICHARD W. GARNETT III JAMES BENDELL JULIE SIMON DAVID W. BARANOW JOSEPH D. PURCELL MICHAEL R. BOLING JANET D. PLATT ROGER A. LUBOVICH Phil Shealy, Manager( Kodiak Island Borough Box 1246 Kodiak, Alaska 99615 Dear Phil: May 5, 1983 Re: KIB v Island Sand & Gravel, Inc. Our File: KIB-08 B-19 Kodiak Island Borough Kodiak, Alaska RECEIVED mAy -91983 P M Jijii,111,2111?0141516 Pursuant to our telephone conversation of May 4, 1983, we have filed with the court a Notice of.Dismissal in the above referenced matter. A copy of the Notice is enclosed for your file. As noted below, copies of this letter and of the Notice of Dismissal_are also being sent to Mr. Deater for his information. As always, if you have any questions, please let us know. JDP/ce cc: Bill Hodgins Dean Deater Enclosure Yours truly, J9seph D. Purcell IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT KODIAK ISLAND BOROUGH, ) Plaintiff, ) vs. ) ISLAND SAND & GRAVEL, INC. ) ) Defendant. ) Case No. 3K0 -83- Civ. NOTICE OF DISMISSAL TO: Island Sand & Gravel, Inc. and Dean Deater PLEASE TAKE NOTICE that the plaintiff KODIAK ISLAND BOROUGH hereby voluntarily dismisses this action without prejudice. DATED this zj day o Alaska. STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) SS: The .u_42-81 n-d" �rsigned hereby certifies that on the day of 1911 1 mailed a copy of the foregoing to all =ties of record. �. -‘CA Arld eb('i. CS�\ ribed °�'A soYorn to before me day of ry Public in and fo ommission expires: , 1983 at Anchorage, ERWIN, SMITH & GARNETT Attorneys for Plaintiff By: epti D. Purcell ROBERT C. ERWIN FLOYD V. SMITH RICHARD W. GARNETT III PETER C. GAMACHE DAVID W. BARANOW JOSEPH D. PURCELL MICHAEL R. BOLING SHELBY NUENKE-DAVISON ROGER A. LUBOVICH ERWIN, SMITH & GARNETT ATTORNEYS AT LAW 3812 SPENARD ROAD, SUITE 201 ANCHORAGE, ALASKA 99503 PHONE (907) 276-3125 Mr. William Hodgins Kodiak Island Borough P.O. Box 1246 Kodiak, AK 99615 Dear Bill: AM 7 April 19, 1983 Kodiak Island Borough Kodiak, Alaska RECEIVED APR 2 1 1983 Re: KIB v. Island Sand & Gravel Our file: KIB 08 B-19 1 Enclosed for your file is a copy of the complaint in the above-referenced case. Although the Borough does not intend to collect the arrearage on the rent, we included it in the complaint for additional leverage against the defendant to obtain the removal of the property without the necessity of a trial. We will keep you advised as the case progresses. Please let me know if you have any questions. ,----- Yours truly, Jb p D. Purcell JDP/jec Encl. cc: Phil Shealy P TRIAL COURTS. FOR THE StA7E OF ALASKA • THIRD JUDICIAL. DISTRICT ) ) KODIAK ISLAND BOROUGH ) ) Plaintiff(s) ) ) vs. ) ) ) ISLAND SAND & GRAVEL, INC. ) ) Defendant(s) ) ) ) Ko Case No. 3- 83 - TO: Dean Dater. CIV SUMMONS •k • •L VFT. Tme_ , Defendant. YOU ARE HEREBY SUMMONED and required to serve upon the court at 303 K Street, Anchorage, Alaska and copy upon ERWIN, SMITH & GARNETT , Plaintiff's attorney, whose' address is: 3812 Spenard Road Suite 201, Anchorage, AK 99503 an answer to the complaint which is herewith served upon you within 20* days after the service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default may be-taken against you for the relief demanded in • the complaint. fl This case has been assigned to Superior Court Judge. This is a District Court' case and will be assigned to an available judge. DATED: .(COURT SEAL). By: Clerk of the Trial Courts .'Deputy Clerk *If the State or an office or agency thereof,is a defendant, the time to be inserted as to it is 40 days. ASC-1 (1/31) (St. 3) ANCHORAGE ERW1N 5MI & CAN-.1 I 3012 Sirrrird 0(r-t1 Stith: 201 Archway, AK '1)505 (907) 2.76-5125 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL.,DISTRICT • KODIAK. ISLAND BOROUGH, • Plaintiffs, ISLAND SAND & GRAVEL, INC. Defendant. ) ) ) ) ) ) ) ) ) Case No. 3K0-83- Civ ) COMPLAINT FOR UNLAWFUL DETAINER AND FOR INJUNCTIVE RELEIF The Kodiak Island Borough, by and through its • attorneys, ERWIN, SMITH, & GARNETT, complains against the - defendant as follows: 1. Defendant Island Sand and-Gravel, Incorporated is a corporation under the law of the State of Alaska. Kodiak Island Borough is a political subdivision of the State of Alaska and is authorized to enact and enforce land use ordinances and regulations. On or about June 10, 1974, the parties executed an instrument entitled BorrOw Site Lease with the Borough as Lessor and the defendant as Lessee for the purpose of mining and operatina for, and marketing of, such quantities of sand and gravel as may be found in and on all that certain tract of land situated_ in the Kodiak Island Borough, Third Judicial District, State of Alaska, described as follows: ..Tra c-t—P7.7- of Tract - _RELTIS_7.FLATS ArA7SRA The annual rent for the premises was agreed to be Twelve Hundred Dollars ($1200.00). The term of the lease was for a period of one year with a right of renewal each year until the expiration of five years from. the date of the agreement unless sooner terminated by the parties. IV. By its term the lease has expired but the defendant continues to holdover and remain unlawfully on the premises without paying rent therefor. The defendant is Fifty -five Hundred Dollars ($5500.00) in arrears on rent through April, 1983, and said rent continues to accrue at the rate .of One Hundred Dollars (5100.00) per month. Furthermore, defendant has left and abandoned -on the prernises various chattels and equipment all in violation-of Kodiak-Island Borough Code, Chapter 18.40 and 18.40.140. V. The defendant has been duly notified but has refused to vacate the prernises and remains thereon. WHEREFORE, plaintiff prays for judgment against the defendant as follows: 1. For delinquent rent in the amount of $5500.00 through April, 1983, and such additional rent as continues to accrue, plus interest at the legal rate. 2. That the defendant be arder_ed t:o vacate the premises and remove all personal property and improvements of every kind and nature therefrom, or in the alternative, be ordred •to reimburse the plaintiff_ for all costs and expenses of every kind and nature incurred for the removal, sale and /or disposal. .of said personal property and improvements. 3. For the plaintiff's reasonable attorneys fees and costs incurred herein. ERW1N :3u 1H & GVZ' F 1 f 3812-5 tini Rcrd Suite 201. . Author-aye, AK 99503 (907) 276-3125 4. For such further relief as the Court deems just and'equitahle. DATED this '.day of April, 1983 at Anchorage, Alaska. UNA9,1110(MMEJ1 3812 Spynni (6[1 ante 201 Anthorar, •W505 (907) 276-3125 ERWIN, SMITH, & GARNETT By:* • , Joseph D. Purcell - P24 5358096 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOTTOR INTERNATIONAL MAIL (See Reverse) ENT,TO n ao vecd-.r • EET AND NO. 0 X i 1. 3 P.O. STATE AND ZIP CQ.Df .-- Alai& / 9 POSTAGE . '1 ' CONSULT POSTMASTEH'FOR FEES • • CERTIFIED FEE . 75. e • SPE • se: , ,; r - 1CTER r LIVERY - To ' a(.312111P WO rid.' SHOW TO W • AND , DATEDELIV RE ' ;Pr' , a c ..› ...P. SHOW. '‘ 11/1. , AND ADDR - . . . - - : '!--;',:.....„-.:::-.. ' - SHO 1 i DELI D. S RI •,...t HOW TO WHOM, DATE AND ..k.,, ESS OF DELIVERY WITi‘, D DELIVER • ' V It e 'TOTAL POSTAGE -5-5- .._ TMARK OR DATE ,i; ' '..' cvalz. ffa -oi 9 *A10 :Axil. 4hisislivilio4tVgi.k41'0,ort, . ,. ''-f,...111oivit0,*.ridee is Teiftieitt .• le,c - 2 Show fi",-wision; date a.p444,14' es*.cif3ieliviry.-..(2.Q4: 'RF...sTRle,r1A) O DEL. ,-1VtitY, ;Slow 10 ":ktrliiiinci4irl. aiti ":40(2. — ,•..:',;,?:.;..,; -.:.'....:..-;*. 0 itEgyiticIEDDJ.:Ya. ...:. \SIiow it..oilloni;.4.itp;:andid4tetiof"dflivs.04, (COgSULTT'OSTMASTr.letORFEgS';;:',= • •,;,_,,i4•11c.LgAgtiostEssz-,6 To::: -,..,.: ,, , .•• i ,,,•::-,: . ::::„::5.: ; 4,7 - b'kea- • •v--- ' • — , -- ' .. , . .. ....- .--,..._ ., . 3. -ARTICLE- i5RIPTI .0411: - OGISTERED Q. a(.312111P WO rid.' ''. , ittat FtEti&10 : ., ' - ', '..-' -..,..t:;,,,_...; -_:'..,-, _, -:',!'_"-.:-•:-•.: - - : '!--;',:.....„-.:::-.. ' - '•,;11;27.retpivid the acie 1:Ze0 abcfv,..„. 0 • ,: ATURE '' 13Addte4re " Eitketliennzed'itiont `,, PATE 9 UVf1Y . , _ , .s... -,A 641E.SS 4Ci,,in?0,14,7„ enhi „If ' 4. ••:•,uiiieti.t. td-r.41,4veft Inca KODIAK ISLAND BOROUGH November 4, 1982 Mr. Joe Purcell Erwin, Smith and Garnett 3812 Spenard Road Suite 201 Anchorage, Alaska 99503 Dear Joe, Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 RE: Violation Case 82-019 (Island Sand and Gravel) We request that you initiate legal proceedings against Island Sand and Gravel for an existing trespass violation on Borough property. - jn_ouropinton.the following violations are occuring on B1-ook-2,-Tract-A-,- Bells Flats_Alaska-5ubdiVision-t---: 1. 18.35.010 because the property is being utilized without proper permission granted by the Borough Assembly; 2. 18.40.130 because that Lessee has not vacated the premises; and 3. 18.40.140(1) because the Lessee-has not within ninety (90) days- removed his improvements from this property. In brief, Island Sand and Gravel has been afforded ample time since last spring to remove their.equipment and improvements from this property and no response has been received from Island Sand and Gravel to re-lease or purchase the property . since initial notification to them that the a trespass situation -exists. Enclosed please find the pertinent information from our records regarding this case. Should you require additional information, please do not hesitate to call on us at 486-5736. Sincerely William R. odgins Zoning Officer Community Development Department CC: Phil Shealy, Borough Manager Dean Deater, Box. 1273 Case 82-019 KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: October 25, 1982 TO: Phil Shealy, Borough Manager FROM: Will Walton, Director of Community Development SUBJ: Expired Island Sand and Gravel Lease on Lot 2, Block 2, Tract A, Bells Flats Alaska Subdivision According to Section 18.40.140(A)(1) Island Sand and Gravel owes the Borough $4,800 for the occupancy of the above refer- enced lot for the time from lease expiration (9/78) to the present. We are sending their failure to move from the property to the Borough Attorney for the initiation of legal action. What • do you want done about the $4,800? CC: Case 82 -019 WAW/ jmj • ACCOONT /1U2.S13L•Zi TAR Borrow Site LeaLe ; Tract - P 7 -13 of B 11s Flats Ak f3UUDrV: 1,200. per ye 6/10/74 rene'v :ab for five year L O T : B OM : ODIAIC Tr. A. NAME: . Sabd. ar ADDRESS: le annually ISLAND I3OROUL.. Earl Dc'ater Island &rid and Gravel Prix 1273 Kodiak, AK 99615 o 198 5 DA1c 1974 6/5/74 8/18/75 8/18/75 9/76 to 9/77 SfP15' /6 CUP.RENT TAX, PENALTY 9 INTEREST 1200.00 9/77 to 9/78 1200.00. 2/8/77 COURT COST TAX PAID DALANCr 'DU 1200.00 1,200 1, 2'10 .n) - 1 (200,00 1200.00 _0- 1',200 -0- 1,200.00 1,200.0 a( _J.40.120-18.40.140 and conditions of he :parent lease and this title. (Ord. 78 -7 -0 §2(part), 1978). 18.40.120 Forfeiture of rental. If the lease is ter - minated because of any breach by the.lessee, as herein pro- vided, the rental payment last made by the lessee shall be forfeited and retained by the lessor. as partial or total damages for the breach. (Ord. 78 -7 -0 §2(part), 1978). 18.40.130 Expiration of lease. Upon termination of the lease, the lessee shall peaceably and quietly leave, surrender, and yield up unto the borough all of the said leased real property. (Ord. 78 -7 -0 §2(part), 1978). 18.40.140 Removal or reversion of improvement -s upon termination of lease. A. If the expiring leasehold is not to be reoffered for lease the following-schedule shall apply: 1. .Improvements owned by the lessee• on borough land shall;' within ninety calendar days after the termination of the lease, be removed by the lessee, provided such'removal will not °cause injury or damage to the lands or improvements demised, and further provided that the manager" may extend the time for removing such improvements in cases where hard- ship is proven. All periods of time granted the lessee to remove improvements are subject to the lessee's paying to the borough pro rata lease rentals for the period. 2. If any improvements or chattels not owned by the borough which have an appraised value in excess of five thousand dollars, as determined by the assessor.or appraiser, are not removed within the time allowed, such improvements or chattels shall, upon due notice to the lessee, be sold at public sale under the direction of the manager. The proceeds of the sale shall inure to the lessee if he placed such improvements or chattels on the lands, after deducting for the borough rents due and owing and expenses incurred in making such sale. If no responsible bids are received, title to such improvements or chattels shall vest in the borough. 3. If any improvements or chattels having as ap- praised value of five thousand dollars or less, as determined by the assessor or appraiser, are not removed within the time allowed, such improvements and chattels shall revert to, and absolute title shall vest ins, the borough. B. If the expiring leasehold is to be reoffered for lease or sale within one year of the lease termination, and the improvements have been allowed to remain in place, the borough shall state when reoffering the real property: 157 (Kodiak Island Borough 1/82) 18.40.150 1. The estimated value of the authorized improvements remaining on the land placed there by the former lessee; 2. That the purchaser or lessee will be required, as a condition of the sale or lease, to purchaSe:the im- provements from the former lessee for an amount equal to the value specified. C. The borough may, at the termination of a lease, compensate the lessee for the improvement located on the leasehold at not more than the fair market value. (Ord. 78-7-0 §2(part), 1978). 18.40.150 Right-of-way. A. The borough, expressly reserves the right to reasonable ingress or'egress over and across the leased premises for the purnoses of constructing, repairing, maintaining, or replacing any utility or road right-of-way which the borough is authorized to construct or maintain and to grant to itself reasonable easements over and though 'the leased premises for these purposes. Annual rentals may be adjusted to compensate the lessee for loss of use of the leased premises. B. Theborough reserves the right to grant easements or rights-of-way over and across leased land if it is deter- mined in the best interest of the borough to do so. If the borough grants an easement or right-of-way across any of the leased land, the lessee shall be entitled to damages for all lessee-owned improvements or crops destroyed or damaged. Damages shall be limited to improvements and crops only, and loss shall be determined by fair market value. Annual rentals may be adjusted to compensate the lessee for .loss of use ,of the leased premises. (Ord. 78-7-0 §2(part), 197'8). 158 (Kodiak Island • Borough 1/82) KODIAK ISLAND BOROUGH 14 Sept 82 82 -019 Pictures taken on 13 Sept. 82 of lot 2,blk. 2,Tr. A of Bells Flats Alaska Subdv. showing the equipment still stored on this Borough property. /4' • /pE /y7- ‘IC /7/4.,9-j CVO /v /3 $Pr //6/ f /LS . " /p-c. L :e'/'L fe""fs F c, 717-9e"E" - "?deee, J ' /-6//5 21f / /9,e, e4./17 7-{ 7 $ 577-2-77C A.J elez- Z -T ' C4 - :;4 'f 5 77,C.:6 cry_ C1C 7-77`7' v ii-)irt �,L, I177. 1!x7.75 .v Z79y c� ?/ft'F /Z 4115 r ems. -nfj Ccifi cpvtd /Ai/ KODIAK ISLAND BOROUGH Property /f/.5" Legal Description y er-9 tar z. eede. z� eco9s Owner of Record �tg Date Pictures Taken /etc -BZ By f/a2)6/,4/3 7 /7"-,A7,--c)6°- AeziP s y 45k45y z. l7-7 mss,7 c52 . . Ctc,e - 75 /77/74,-- syz" --,g7,46"" T? KODIAK ISLAND BOROUGH 486-5736 486-5737 Box 1246 CERTIFIED RETURN RECEIPT REQUESTED ��^~��°^==" - -- KODIAK, 99615 June 25, 1982 Mr. Dean Deater Island Sand and Gravel Box 1273 Kodiak, Alaska 99615 Dear Mr. Deater, This is a reminder that you Still have equipment on Borough land described as Lot 2, Block 2, Tract A, Bells Flats Alaska Subdivision. We appreciate the efforts you have made to remove a portion of the equipment from the property. The Borough has the options, at this time, of conducting a public auction to dispose of your equipment or of "arresting" the equipment and acquiring title to same. Also, you are technically liable to the Borough for annual lease payments from June 4, 1979 to present because of the stored equipment. Mr. Bill Hodgins wrote to you on February 22, 1982 and ad- vised that you had 90 days to remove the equipment in question. That deadline passed by some time ago. Be advised that you now have ten (10) days from the receipt of this letter to provide us with a schedule for removal of the equipment. If we can assist you in any way do not hesitate to contact Sincerely, William A. Walton Community Development Department Director CC: Phil Shealy, Borough Manager Case 82-019 WAW/jmj • ... • • - = • ' - • .n.7. ■IrAt•••• •••-" • • ,Z1k4;.,, • 4% `-77'%?•;. . """' •••• -• j. 4. • 3;r4 "So 74iXift.$5;q` pp- ,;1-;,---34,-,ttc=-44.• . ' • -•V`P•74AN`P:, a, - "..:2.V." • " , - •• • ' •• • -• ••• ••" A. WA' "." ' " .............--;4i-- ....,,,,,,,,. , .Z.5■=.51 '•:".=•-■,+;,V"...r.",..".i..-4-•*T.,..,„`,77,-P-.1i1 , -r.,••-',7::-..e...4,,,g,---...-....,;:.,4- "a••, • • • . • ' • • — • • •,•• • • i KODIAK ISLAND MAYOR ASSEMBLY MANAGER BOROUGH --- ROUTE SLIP .4,-,......",',...,..,, ..-n..;.n., ,n,,,,,,....;.4...;:=1,;,--,7, -,...,:.,„..,,,,,..?:;-•_."--trl:,‘-e4",.., r--,4...-...4Q. .-;:-, --* ,-,„ .._ ''.."•,••:;--4.,,.:r.-.,,,,,',z,.:,,....„4...•,..,,.4.4. ' , L..,...,,,,,,....,„444,-;,w,4,?-k",i-*5.--.,,i.:•••:142..,--",":- 4: T. ',-_,.V""","-V,3",i,,,,,,"■:,...■:-.. •"---......7. --‘,..-MT-',","-",f4.7.,,O,'‘.,ik..e.. i„,i■ cs,"*■47.44.,..;., "."-T''''A'°-..."."'"'"'"'.."..'-'49".7,-,""',..,,'"4'.1.•*:,!i4-;1.,.:i.,,, ._ _,...-4i11,42.4:r."":"..,_,--• _.,',"l'er .7_,..,.;.;,,-....46;,,,L.-..,,,,,•,,,:•;,,p:,,...4-,;:f-,,,,,,_•.-4,-...i.4.-...,a,r.....k,,,,,,...,-,--,-",•-r1,---,•-•,••••••••,, ••••••".",,,v4r...,..,' ,'••••,,,V,,,..,-. 7.7`^7,- - ".......,..-r.-"A5-,-,-"4. f. ,,,--:•,•••,-.4.,s7...7±.",?:',.-2,-"4".",••-• • CLERK/TREAS. BOOKKEEPER CASHIER ASSESSING DEPT. P & Z DEPT. OTHER READING REMARKS: 1P7 /77 4-9 43L 77 ece. /-7 cz-9S is c.;74- ret7 W--eve.e = -•••••-• • =-.'-'7-•.••4:1-',•••• • " .. • ' • - • _ • . • , , • • - . • ' . . , . . • . • • -„ . - • - • • ' . . . • . _ . : . . ACCOUNT NUMBEM TAX • Borrow Site Lease ( KODIAK Tract P 7-13 of Tr. A. Nval&E- ' Bells Flats Ak. Subd. BUBDIV: $1,200. per year . ADDRESS: 6/10/711 renewable annually for five years LOT: . 1140= : DATE 1974 6/5/74 8/18/75 8/18/75 9/76 to 9/77 ISLAND BOROU CURRENT TAX PENALTY & INTEREST 1200.00 S1(1151)6 9/77 to 9/78 1200.00 12/8/77 Earl Deater Island Sand and Gravel Box 1273 Kodiak, AK 99615 • COURT COST AfAfl RECEIVPD , _ MAN i b 1980 Sin . • PM 10.0.004100141M.$ 1200..00 BALANCE DUE 1200.00 -0- 1;200 1,200 1,200.00 1, 200 .03 ' 1,200e00 .000 1,200.00 KODIAK ISLAND BOROUGH February 22, 1982 Mr. Dean Deater Island Sand and Gravel Box 1273 Kodiak, Alaska 99615 Telephones 486 -5736 - 486 -5737 = Box 1246 KODIAK, ALASKA 99615 RE: K -635 - lease of lot 2, block 2, Tract A Bells Flats Alaska Subdivision. Dear Mr. Deater, While recently reviewing our current land leases it was found that your lease with the Borough for-the above referenced property has lapsed and is no longer current. Please be advised that in accordance with Sections 18.40.130 and 18.40.140 of the Borough Code you are given ninety (90) days from the receipt of this letter to vacate the premises of all improvements and equipment. The Borough owned land you are occupying is needed for community facilities for the Bells Flats /Russian Creek Area. Enclosed for your records are copies of the applicable Borough Code Sections quoted in this letter. If we can answer any questions for you, or be of any assistance to you concerning this matter, please feel free to call on us at 486 -5736. Sincere Will R. Hegins Community Development Department Zoning Officer CC: Will Walton Phil Shealy Dale Tubbs Ed Haney WRH /jmj J 8.40.120-18.40.140 and conditions of the parent lease and this title. (Ord. -78-7-0 52(part), 1978). 18.40.120 Forfeiture of rental. If the lease is ter- minated because of any breach by the lessee, as herein pro- vided, the rental-payment last made. by the lessee shall be forfeited and retained by the lessor as partial or total damages for the breach. (Ord. 78-7-0 52(part), 1978). 18.40.130 Expiration of lease. Upon termination of the lease, the lessee shall peaceably and quietly leave, surrender, and yield up unto the borough all of the said leased real property. (Ord. 78-7-0 §2(part), 1978). 18.40.140 Removal or reversion of improvements upon termination of lease. A. If the expiring leasehold is not to be reoffered for lease the following schedule shall apply: 1. Improvements owned by the lessee on borough land shall, within ninety calendar days after the termination of the lease, be removed by the lessee, provided such removal will not cause injury or damage to the lands or improvements demised, and further provided that the manager may extend the time for removing such improvements in cases where hard- ship is proven. All periods of time granted the lessee to remove improvements are subject to the lessee's paying to the borough pro rata lease rentals for the period. . 2. If any improvements or chattels not owned by the borough which have an appraised value in excess of five thousand dollars, as determined by the assessor or appraiser, are not removed.within the time allowed, such improvements or chattels shall, upon due notice to the lessee, be sold at public sale under the direction of the manager. The proceeds of the sale shall inure to the lessee if he placed such improvements or chattels on the lands, after deducting for the borough rents due'and owing and expenses incurred in making such sale. If no responsible bids are received, title to such improvements or-chattels shall vest in the borough. 3. If any improvements or chattels having as ap- praised value of five thousand dollars or less, as determined by the assessor or appraiser, are not removed within the time allowed, such improvements andchattels shall revert to, and absolute title shall vest in, the borough. B. If the expiring leasehold is to be reoffered for lease or sale within one year of the lease termination, and the improvements have been allowed to remain in place, the borough shall state when reoffering'the real property: 157 (Kodiak Island Borough 1/82) 1. The estimated value of the authorized improvements remaining on the land placed there by the former lessee; 2. That the purchaser or lessee will be required, as a condition of the sale or lease, to purchase the im- provements from the former lessee for an amount equal to, the value specified. C. The borough may, at the termination of a lease, Compensate the lessee for the improvement located on the leasehold at not more than the fair market value.. (Ord. 78-7-0 S2(part), 1978). 18.40.150, Right-of-way. A. The borough expressly reserves the right to reasonable ingress or egress over'and- across the leased premises for the.purnoses of constructing, repairing, maintaining, .or replacing any-utility or road right-of-way which the borough is authorized to construct or maintain and to grant to itself reasonable easements over and through the leased premises for these purposes. Annual rentals may be adjusted to compensate the lessee for loss of use of the leased premises.- B. The-borough reserves the right to grant easements or rights-of-way over and across leased land if it is deter- mined in the best interest of the borough to do so. If the borough grants an easement or right-of-way across any of the leased land, the lessee shall be entitled to damages for all lessee-owned improvements or crops destroyed.or damaged. 'Damages shall be limited to improvements and crops only, and loss shall be determined by fair market value. Annual rentals may be adjusted to compensate the lessee for loss of use of the leased premises. (Ord. 78-7-0 §2(part); 1978). 158 (Kodiak Island Borough 1/32) KODIAK ISLAND BOROUGH 2/9/82 LOt2,B1k.2, of Tract A,Bells Flats Alaska Subdivision. Leased to Island Sand and Gravel (Earl Deater),K635. Photographs show the improvements located on this lot as of this date.The lease for this land has expired and no lease application has been recieved as of this date. ZONING OFFICER REPORT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 700 UPPER MILL BAY ROAD TELEPHONE (907) 486 - 5736 DATE 7`-'57. ."— REPORT NO NAME r4f-A6. .x.--/---x7-4. PHONE STREET ADDRESS 773 719" -..i ,LOT(S) BLOCK -7--- SUBDIVISION 7fe -7-ii• z- COMMENTS: aJ/7; 1) /10.r --619 ;AW 7Z0 PROBLEM: r /0 ■,/ /2. CORRECTIONS NEEDED- ..1900.05er- 77774,67--(- O7 7 7f- - Zee ACKNOWLEDGE RECEIPT'OF REPORT BY SIGNING DATE /ZONING OFFICER --r-- DATE 77-74s- _ Av- 77-/--es -z? e6;7471-774-c- _ ( Viz 77.J %I4 A 7,2"-zett-cs ,f7G /",3-z8zx#te- C.J IZ,C$ 7.77r -Z-n 4.••3 ;'7642-77(75--E-.5 . 7z/z, 7`z}77/z5 ovia BORROW SITE LEASE THIS AGREEMENT, made and entered into this 10 day of June , 197 y by and between the KODIAK ISLAND BOROUG} a municipal corporation hereinafter referred to as the Lessor and Dean Dealer , of Island Sand l Gravel hereinafter referred to as the Lessee: WITNESSETII: WHEREAS, Chapter 6 of the Kodiak Island Borough Code of Ordinances and Resolutions provides for the disposal by lease or sale of real property to which the Borough holds title and which in the opinion of the Borough Assembly is not needed for or_devot- ed to public use and WHEREAS, Section 14 of Chapter 6 provides that leases for a term of five (•s) years, or less, with less than a computed annual minumum rental of FIVE THOUSAND and No /100ths ($5,000.00) DOLLARS may be negotiated or offered at public auctiom in the dis- cretion of the Borough Assemby and WHEREAS, Kodiak —Island Borough Ordinance Number 69 -.5 -0 amended Chapter 6 of the Kodiak Island Borough Code of Ordinances and Resolutions by adding thereto Sub- Chapter 1. to provide for Bor ough Borrow Leases and WHEREAS, the Lessee herein has evidenced an interest in and has made application for a Borrow Lease as provided in Sub - Chapter Resolutions above referred to which.by referencc hereto are made a part hereof as though set forth in full. NOh', THEREFORE, the Lessor, for and i.n.consideratien of the sum of ONE THOUSAND TWO HUNDRED and No /lOOths ($1,200.00) DOLLARS, cash in hand paid, the receipt of whi.ch is hereby ..ci :new- kedged and receipted for, which sum represents the minimum leas: payment for one year as provided in Section 7 of Ordinance No. 8 -0, and of the covenants and agreements hereinafter contained, on the part of the !.cssec to be paid, I :cpt nl performed, has r,rarted demised and leased, and by these presents, does grant, demise atcd Inge Onc+, RGR!,tr.' ,;il'li lease unto the Lessee, for the sole and only purpose of mining and operating for and marketing of such quantities of sand and•gravel as may be found in and on. all that certain tract of land situated in the Kodiak Island Borough, Third Judicial District, State of Alaska, described as follows, to -wit: Tract P -7 of Tract "A ", BELLS F TS ALAS on Provided, however, no gravel or sand shall be removed, taken or, disturbed within 100 feet of Sargent Creek on said premises. Further that all leases issued by the Kodiak island Borough shah be subject to acquisition of good and valid title to said land by the Kodiak Island Borough, free and clear of all claims which may be levied against it • by the Alaska Native Land Claims Bill. It is agreed that this lease shnl l_ sesxain in force 'and effect for a period of one (1) year only from the date of 'this agreement 'with the .right of the Lessee to re::cw thereafter for a one -year period each year until the espi.rati.In of five (5) years . from the date of this agreement unless sooner terminated by the ,default of the Lessee in the payment of any sums required or the performance of any of -the conditions as cont.:.ined in Ordinance No. 69 -S -0 or Sub- Chapter 1 of Chapter. 6 of, the c ^;rough Code of Ordin- ances and Resolutions or should the Lessee fa..l to occupy and use- - the premises for a period of six .(6) -consecut ve months or longer. Lessee, agrees 'to abide with and be I2;rurd by the rovcnaaas and conditions contained in Ordinance`No. 6S- -0, a copy of which is attached hereto and by reference made a pc. -t, hereof as though age two, UORROV: : ;11.1 LEASE • set forth in full. lessee covenants to indemnify and save harmless the Lessor againSt'any and all claims arising from the conduct or , manageMent-bf br from any work or thing whatsoever dhe in or about the leased or any building or structure thereon or thecquip- , ment..uSed ln.,Connection therewith. dtring the term of this ledse, or arising during said term f;om any condition of any right-of.wiy or acccss upon the premises or arising from any act or negligence' af the Ltsiee or any of his or its agents, contractors, or employ. -or arising from any accident, injury erdaMege whatsoever, . However caused, to any :person or persons or to the property ony person or persons, corporation or corporations, occuring during said term, on, in, or about the leased.premises or upon the access upon said premise's britmediately adjacent thereto used in connection with the demised premiss, and from and against ill. its, counsel fees, expenses and liabilities incurred in or about any such claim or any action or prbcceding brought thereon. ; IN Wl7NESS WHEREOF, the patties. hereto have caused thesel presents to be executed the day and year first above written. LESSEE Page threc, BORROW SITE LEASE KODIAK ISLAND BOROUGH, Lessor, By: LJ Borough Chairman p Attest: 4(. 7 • • - Borough Clerk KODIAK ISLAND BOROUGH Violati Number Z572;.--e%/y ZONING COMPLAINT -STAFF FOLLOW -UP: HISTORY SHEET PROPERTY: Lot Z , block PROPERTY OWNER: L ` / 3 OCCUPANT: 4040 5; , Subdivision Zr g Address Address , 3 -. //7 CURRENT ZONING: NATURE OF COMPLAINT /INVESTIGATION /VIOLATIOM(s): /el-.'S' Date & time Staff' Member G� � Action, Memoranda Sr5"c.. ao qi G%, rrzz Si) . 2 44E%275 % d 4-Ad ) %% 6 G t i F A z ) % ) ,.?,z. y. Date & time Ja Staff Member ,44:2s Action, Memoranda /.52.0f0 ff 4 r Date & time 47E2;2;4 8Z Staff Member 44 Action,. Memoranda ...57v�4_ 7 vzs- J ;i %3CJ /J�x�irJ% A(G?:t=e) . Date & time /,` Staff Member 776%,-,--) 7 5 Action, Memoranda J jlc4=._ t i--t Dry . =2 ci - 01-2 /'{E Action, Memoranda, Date & time Staff Member /,6i /9/5e-e?-c= 6 ' ��}���J ✓ vt� Date & time ' '6e°7 � c Staff Member STATUS OF c AS OF Gr KODIAK ISLAND BOROUGH Violati Number e7/7 ' ZONING COMPLAINT -'STAFF FOLLOW-UP: HISTORY SHEET . PROPERTY: Lot 2721- , block Z— , Subdivision 7-A-,f-er /9 UsS PROPERTY OWNER: Address 0 CCUPANT2,.; Address 73K- CURRENT ZONING: NATURE OF COMPLAINT/INVESTIGATION/VIOLATION(s): Date & time StafY Member 465- Action, Memoranda //1.4ev, 46w,...47A/ ?4.11, 1t'2-4J 39Z *1-0 "rx-D 777‘r gs,77-er Date & time 1# /00. g Staff Member Action, Memoranda /72C-eez-e,-_-7 ;/C2 Date & time Staff Member Action, Memoranda Date & time Staff Member Action, Memoranda Date & time Staff Member Action, Memoranda Date & time Staff Member STATUS OF C AS OF Violati Number e2/9 KODIAK ISLAND BOROUGH ZONING COMPLAINT -°STAFF FOLLOW-UP: HISTORY SHEET PROPERTY: Lot Z. , block Z- , Subdivision ,9 USS PROPERTY OWNER: /E--/- Address OCCUPANT: Address A=. CURRENT ZONING:,-4,02=- NATURE OF COMPLAINT/INVESTIGATION/VIOLATIOH(s): Date & time37,04Fer. Sta0 Member A041'%4i,c.45 Action, Memoranda /44%.69 y6 /4,,i /rzeolib,‹.4 z-e,oqr '4' K' Date & time Staff Member Action, Memoranda 447z, .47 e- Date & time 9/1Fi, Action, Memoranda /47e245..20we 7ce- -4y-„,c/ (74 7774 - f2, G:77 ,,q4...PAv,475/ Staff Member Date & time 2-q /435.5 51!1__ ,Staff Member Action, Memoranda D(.17 /ale c2,4- .4WAig%? G-e/ ‘fis-g• . 9e) 7-z) /42,2-‘-eets-rs--1 Date & time xrftew- Staff Member /76.5--nis Action, Memoranda e.524p %2 "' 207-, 7D 7 e /(73. e 9A 7-77 4P- c Z- Date & time 11/gg7- /e0g") Staff Member STATUS OF C AS OF