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)
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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'
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/y7- ‘IC /7/4.,9-j CVO
/v /3 $Pr
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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
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KODIAK ISLAND
MAYOR
ASSEMBLY
MANAGER
BOROUGH --- ROUTE SLIP
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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
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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