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CHINIAK AK BK 1 LT 1A - Conditional Use PermitKODIAK ISLAND BOROUGH RESOLUTION NO. 83-122-x A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE ISSUANCE OF A SPECIAL LAND USE PERMIT. WHEREAS, THE Kodiak Island Bemm0h Assembly provided for Special Land Use Permits for those instances where private residences are located on Borough land when it adopted Ordinance No. 83-49-0(&) on August 4, 1983; and WHEREAS, Claude Travis submitted an application for a Special Land USe permit on September 23, 1983; and WHEREAS, a single family residence is present on the property involved which is being subdivided by the Borough for a future and sale. NOW, THEREFORE, BE IT RESOLVED by the Borough Assembly that it authorizes the issuance of a Special Land Use Permit _to Claude Travis for his residence located on Borough land oo1vt 1, -Block 1, Chiniak Sub- division. PASSED AND APPROVED THIS 6th DAY OF October , 1983, KODIAK IS BY: • `` .```�` Borough • BOROUGH orough Mayor KODIAK ISLAND BOROUGH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 Special Land Use Permit No. 83-2 This Special Land Use Permit, hereinafter referred to as "Permit," is made by and between the Kodiak Island Borough, a municipal corporation organized and existing under the laws of the state of Alaska, hereinafter referred to as "KIB," and Claude Travis, an individual, hereinafter referred to as "Permit Holder." 1. Authority. This Permit is authorized by Section 18.50.030 of Borough Code and Borough Assembly Resolution No. 83-122-R, dated October 6, 1983, copies of which are attached as Exhibits A and B hereto. 2. Location. This Permit is for Lot 1, Block 1, Chiniak Sub- division, owned by KIB. Permit Holder shall acquire no rights to the real property occupied under the authority of this permit. The Permit Holder has occupied the site for two years, as of the signing of this Special Land Use Permit. 3. Improvements. The real property involved contains a single- family home, woodshed, and tool shed owned by the Permit Holder. 4. Term. This Permit is issued for a one-year term commencing on October 6, 1983 and expiring on September 30, 1984. This Permit shall auto- matically expire on the date of a land sale involving the land occupied. 5. Renewal. This Permit may be renewed on a year-to-year basis by the Borough without the filing of additional applications by the Permit Holder. 6. Fee. The fee for this Permit is Two Hundred Dollars ($200) per month, payable monthly in advance to the Kodiak Island Borough. 7. Taxes and Assessments. In addition to any fees provided for in this Permit, the Permit Holder agrees to pay when due, any taxes, assessments or charges which may be levied at any time during the term of this Permit by the KIB. 8. Use of Premises. The premises shall be used as a single-family residence by the Permit Holder and no other purposes. 9. Hold Harmless. Permit Holder agrees to indemnify, save, and hold KIB harmless from any liability for damage, injury, or death to any person or persons, or for damage to property arising from the use, possession, or occupancy of the premises by the Permit Holder, with the defense of any such claim or action. Further, the KIB shall be held harmless from any ownership disputes arising from issuance of this permit. 10. Assignment. Permit Holder shall not assign this Permit without receiving the prior written permission of KIB. 11. Compliance with Laws. Permit Holder shall comply with all laws, regulations or ordinances promulgated by a proper public authority. The land described herein lies within the jurisdiction of an authorized zoning and building authority and shall be utilized in accordance with the rules, regulations and ordinances of such authority. Failure on the part of the Permit Holder to comply with such rules, regulations, or ordinances shall constitute a violation hereof and subject this Permit to termination. 12. Inspection. Permit Holder shall permit authorized agents and employees of the KIB to enter upon the premises at any reasonable time for the purpose of inspecting the condition of the premises or the use thereof. 13. Rights -of -Way The KIB reserves to itself rights -of -way as follows: a. The right to reasonable ingress or egress over and across the premises for the purposes of constructing or maintaining any utility or road right -of -way which the KIB is authorized to construct or maintain, and to grant itself reasonable easements over and through the premises for these purposes; and b. The right to grant to others easements or right -of -way across the premises if it is determined to be in the best interest of the KIB to do so. 14. Minerals. Permit Holder shall acquire no interest whatsoever in any deposits of stone or gravel valuable for extraction or utilization, or any materials subject to Chapters 18.60 and 18.70 of the Borough Code as amended or hereafter amended. Permit Holder shall not sell or remove or attempt to sell or remove any stone, gravel, or any other material valuable for building or commercial purposes. 15. Waste. Permit Holder shall not commit waste or injury to the premises by removing stone, gravel, soil or other materials except as authorized by the KIB in writing and only when necessary to the utilization of the premises. Permit Holder shall not cause or permit any conditions that will allow erosion of the topsoil nor otherwise commit waste or injury to the premises. Permit Holder shall take all reasonable precaution to prevent and suppress grass or brush fires on the premises. 16. Termination. This Permit may be terminated in whole or part at any time upon the mutual written agreement by the parties hereto. KIB may terminate this Permit if Permit Holder defaults in the performance of any term, covenant, or stipulation of the Permit and if Permit Holder fails or refuses to remedy such default within thirty (30) days after the service of written notice by the KIB specifying the nature of the breach or default. 17. Non - Waiver. The failure by the KIB to insist upon strict performance of any term, condition, or covenant of this Permit or to exercise any right or remedy available on a breach thereof shall not constitute a waiver of any applicable term, condition, or covenant of this agreement. Waiver of performance of any term, condition, or covenant, or any breach thereof shall be only by written instrument executed by the KIB. A waiver of any default shall not affect or alter any term, condition, or covenant of this Permit and those terms, conditions, or covenants shall continue in full force and effect with respect to any other subsequent default. 18. Remedies not Exclusive. Specific remedies provided in this Permit relating to termination shall not be exclusive and the KIB may pursue any remedy available at law for compensation of damages, with or without terminating this Permit. 19. No Joint Venture. Neither the terms, provisions, or conditions of this Permit shall be construed as creating or constituting the Permit Holder as co- partner or joint venturer with the KIB, nor shall the same be construed in any manner as making the KIB liable for the debts, defaults, obligations, or lawsuits of the Permit Holder. 20. Costs of Enforcement. The parties hereto agree that costs and expenses, including reasonable attorney fees, shall be paid by the non - prevailing party to the prevailing party in enforcing any of the terms or conditions of this Permit. 21. Modification. A modification of this Permit shall not be binding upon either of the parties unless reduced to writing and signed by both the KIB and the Permit Holder. 22. Notices. Any notice, demand, or delivery under this Permit shall be in writing and shall be effective upon mailing by certified mail with charges prepaid to the other party at the address stated below or to such other address as either party may, from time to time, furnish in writing to the other party: Special Land Use Permit No. 83 -2 Page 2 KIB Borough Manager Kodiak island Borough P.O. Box 1246 Kodiak, Alaska 99615 PERMIT HOLDER Claude Travis P.O. Box 440 Kodiak, Alaska 99615 23. Construction. This Permit shall be governed by and constructed in accordance with the laws of the state of Alaska. Words of gender used in this shall mean and include any other gender and singular shall mean and include the plural and the plural the singular, where applicable, and when the tense requires. 24.: Severability. If any clause or provision of this Permit is determined by a court of competent jurisdiction to be invalid, it shall not effect the validity of any other clause or provisions of this Permit. AGREED TO THIS DAY OF STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) KODIAK ISLAND BOROUGH BY: , 1983. Borough Manager PERMIT HOLDER BY: THIS IS TO CERTIFY that on the day of , 198 before me, the undersigned Notary Public for the state of Alaska, duly commissioned and sworn as such, personally came Philip C. Shealy, Manager of the KODIAK ISLAND BOROUGH, and acknowledged that said instrument was signed and sealed on behalf of the KODIAK ISLAND BOROUGH by proper authority delegated and vested in himself, and acknowledged further said instrument to be the free act and deed of said KODIAK ISLAND BOROUGH. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day, month and year first above written. Notary Public in and for Alaska My Commission expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1983, before me, the undersigned Notary Public, personally appeared Claude Travis, known to me and to me known to be the individual described in and who executed the foregoing instrument; he acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal. Notary Public in and for Alaska My Commission expires: Special Land Use Permit No. 83 -2 Page 3 r• November 18, 1983 Claude Travis P. 0. Box 440. Kodiak, Alaska 99615 Dear Mr. Travis: Kodiak Islan,/ borough P.O. BOX 1246 KODIAK, ALASKA 99615 -1246 PHONE (907) 486 -5736 Please be advised that the Kodiak Island Borough Assembly at their meeting on November 9, 1983 considered your request regarding the $200 per month fee for the special land use permit #83 -2. The Assembly instructed staff to advise you that they felt the $200 per month payment was appropriate and if you are interested in special land use permit #83 -2 you should sign the document and return it to me in order that it.be executed along with your. payment. If you have any further questions regarding this matter, kindly contact me immediately. Sincerely, KODIAK2ISLAND BOROUGH a, Phil C. Shealy Borough Manager cm k cc: /Linda Freed KODIAK ISLAND BOROUGH Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 October 28, 1983 Mr. Claude Travis P.O. Box 440 Kodiak, AK 99615 Dear Mr. Travis: As we discussed yesterday, the Kodiak Island Borough Assembly, at their October 6, 1983 meeting, passed a resolution authorizing staff to issue you a Special Land Use Permit for your residence located on Borough land (Lot 1, Block 1, Chiniak Subdivision). I understand you may wish to "appeal" the fee for this Special Land Use Permit. You should be aware that the fee for the permit has been set by ordinance. A formal change to Chapter 18.50 of the Borougfi Code will be necessary in order to change the existing fee requirement. If you have any questions about this procedure, please contact either this department or the Borough clerk. For your information, I have enclosed a draft copy of your Special Land Use Permit and a copy of Chapter 18.50 of the Borough Code. Sincerely, Linda Freed Director Community Development Department cc: Mickie Miller, Borough Clerk Case 83 -132. jig Enclosures (2) KODIAK ISLAND BOROUun RESOLUTION NO. 83-122-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE 1 ISSUANCE OF A SPECIAL LAND USE PERMIT. • 11 11 WHEREAS, THE Kodiak Island Borough Assembly provided for Special Land Use Permits for those instances where private residences are located on Borough land when it adopted Ordinance No. 83-49-0(A) on August 4, 1983; and WHEREAS, Claude Travis submitted an application for a Special Land 1 Use Permit on September 23, 1983; and WHEREAS, a single family residence is present on the property 11 involved which is being subdivided by the Borough for a future land sale. NOW, THEREFORE, BE IT RESOLVED by the Borough Assembly that it authorizes the issuance of a Special Land Use Permit to Claude Travis for his residence located on Borough land on Lot 1, Block 1, Chiniak Sub- division. PASSED AND APPROVED THIS 6th DAY OF October ATTEST: BY: y • Borough KODIAK IS D BOROUGH BY: 1983. orough Mayor KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: September 23, 1983 Z, TO: Phil C. Shealy, Borough Manager FROM: Community Development Office SUBJ: Information for Assembly's October 6, 1983 Meeting. RE: Resolution Authorizing the Issuance of a Special Land Use Permit. In accordance with Section 18.50.030 of Borough Code, as provided by Ordinance No. 83- 49 -0(A) adopted on August 4, 1983, Claude Travis has applied for a Special Land Use Permit for a single family home located on Borough -owned land on'Lot 1,_Block 1, Chiniak Subdivision. The ordinance establishing the permit requires submission of each application to the Assembly and a. resolution autho- rizing permit issuance by staff. A copy of Mr. Travis's application, a copy of the ordinance involved, a proposed resolution, and a location map are attached. Linda Fri Director Community Development Office cc: Mr. Claude Travis Case 83 -132 K -845 KODIAK ISLAND BOROUGH Post Office Box 1246 Kodiak, Alaska 99615 CASE NO. 393-13c2.,_ SPECIAL LAND USE PERMIT APPLICATION NAME: Claude Travis ADDRESS: P.O. Box 440, Kodiak, AK 99615 TELEPHONE NUMBER: None I hereby apply for a Special Land Use Permit on property described as Lot 1, Block 1, Chiniak Subdivision. agree to abide by the provisions of Section 18.50.030 of Borough Code, as stated on the reverse side of this application, and all conditions attached to the permit and hereby certify that I am the legal owner of the structures located on the land described. 1 /741,L.A.fc'n September 23, 1983 Signature Date APPLICATION ACCEPTED BY: September 23, 1983 k Island Borough Date KODIAK ISLAND BOROUGH ORDINANCE NO-83-49-0(A) AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING 'CHAPTER 18.50 OF BOROUGH CODE TO INCLUDE REMOTE CABIN AND SPECIAL LAND USE PERMITS. The Kodiak Island Borough Assembly Hereby Ordains: SECTION 1: That Chapter 18.50, Permits, is amended to include Section 18.50.030, as follows: 18.50.030 Special Land Use Permits. The Assembly may approve, by resolution, special land use permits for those instances xmere privately owned residences are located on Borough land. Special land use permits shall be considered- on a case by case boiis. The fullmWng tams and conditions shall I.apP/Y: ' A. Application. Application for a special land use permit shall be made on a form provided by the Community Development Department. 8. Fee, The fee for a special land use permit is 5200,00 !;per month. /| C. Special land use permits shall be issued for a one (1) year term which -�-- be renewable. A permit shall automatically expire | nn the date of a land:sule involving the land occupied. U. Assignment. Special land use permits shall not be 'iussignable without the prior written permission of the Borough. E. Residence. A residential structure must be present on !ithe land involved which is occupied by the person or persons requesting the special land use pennit. No construction of new buildings shall be permitted. No permit shall be issued for vacant land. SECTION 2: This ordinance shall be in full force and effect upon passage and .adoption. ATTEST:` \)'/ ;« i Boroug C e ' FIRST READING DATE: July 7, 1983 (A) DAY OF August , 1983. | SECOND READING: August 4, 1983 PUBLIC HEARING DATE August 4, 1983 EFFECTIVE DATE: August 4, 1983 REQUESTED BY: Borough Assembly PREPARED BY: Community Development Department RECOMMENDATION: Planning Commission Recommends Approval 11; KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 —Box 1246 KODIAK, ALASKA 99615 September 15, 1983 Mr. and Mrs. Claude Travis P.O. Box 440 Kodiak, AK 99615 Dear Mr. and Mrs. 'Travis; Please be advised that the Borough Assembly recently passed an ordinance providing for Special Land Use Permits for those persons who find themselves with homes on Borough land. Enclosed please find a Special Land Use Permit Application which contains the ordinance mentioned on its reverse side. The Borough requests your early submission of the application to my office in order that your rights to be on the property can be protected. This protection could be very valuable in the event of future land sales. If you have any questions on this matter, please do not hesitate to contact me. Sincerely, 1/eitezeit) William Walton Land Manager jjg Enclosure KODIAK ISLAND BOROUGH ' Post Office Box 1246 Kodiak, Alaska 99615 CASE NO. SPECIAL LAND USE PERMIT APPLICATION NAME: ADDRESS:. TELEPHONE NUMBER: I hereby apply or Special Land Use Permit on property described as agree to abide by the provisions of Section 18.50.030 of Borough Code, as stated on the reverse side of this application, and all conditions attached to the permit and hereby certify that I am the legal owner of the structures, located on the land described. Signature APPLICATION ACCEPTED BY: Date Kodiak Island Borough Date %KODIAK ISLAND BOROUGH RESOLUTION NO". 83-12i-R- - -A RESOLUTION OF THE .KODIAK .ISLAND `BOROUGH ASSEMBLY AUTHORIZING THE, UANCE.OF A SPECIAL LAND.US.E PERMIT. WHEREAS, THE Kodiak Island Borough Assembly provided for Special Land Use Permits for those instances where private - residences -"are located on Borough land when it adopted.Ordinance No."83- 49 -0(A) on August 4, 1983; and WHEREAS, Claude Travis submitted an application fora-Special Land. Use,Permit "on•September 23, 1983.; and WHEREAS, a single family residence is present on the property involved which-is being subdivided by the Borough for a future land sale. NOW, THEREFORE; BE IT RESOLVED by the Borough. Assembly that it authorizes the• issuance of a Special Land Use Permit to- Claude Travis for his, residence located on Borough land on Lot 1, Block 1, Chiniak'Sub- d.ivision. PASSED AND APPROVED THIS 6th DAY OF October ,198 KODIAK IS ,,;D BOROUGH BY: Borough "Clerk /. Chapter 18.50 PERMITS Sections: ( 1...50.010 -- 18.50.030 18.50.010 Generally. 18.50.030 Special land use permits. 18.50.010 Generally. A. A negotiated permit, easement, or right -of -way is required for the. following uses and /or occupancy of borough real property: 1. Roads 2. Trails; 3. Ditches; _ 4. Communication and electrical lines; 5. Landfill -and disposal sites; 6. Pipelines of all types (sewer, water, petroleum, etc. ; 7. Temporary use (not exceeding forty -five days); 8. Exploration work involving vehicle use of any type_on the borough land. B. Uses listed in subsections A(5), A(7) and A(8) of this section, not increasing the value or utility of borough land, shall be charged a fixed fee of two hundred fifty dollars per site or application area. • C. Uses listed in subsections A(1) through A(4) and A(6) of this section, not directly increasing the value or utility of borough land, shall be charged a fixed fee of two hundred fifty dollars per year or the fair rental value of the land taken which ever is greater. D. Uses listed in subsection A of this section directly increasing the value or utility of borough land may be negotiated at a reduced rate. (Ord. 78 -7 -0 §2(part),'1978). 18.50.030 Special land use permits. The assembly may approve, by resolution, special land use permits for those instances where privately owned residences are located on borough land. Special land use permits shall be considered on a case by case basis. The following terms and conditions shall apply: A. Application. Application for a special land use permit shall be made on a form provided by the community development department. B. Fee. The fee for a special land use permit is two hundred dollars.per month. C. Term. Special land use permits shall be .issued for a one -year term which may be renewable. A permit shall automatically expire on the date of a land sale involving the land occupied. 159 (Kodiak Island Borough 9/83) 18.50.030 D. Assignment. Special land use permits shall not be assignable without the prior written permission of the borough. E. Residence. A residential structure must be present on the land involved which is occupied by the person or persons requesting the special land use permit. No construction of new buildings shall be permitted. No permit shall be issued for vacant land. (Ord. 83- 49- 0(A). §1, 1983). Sections: 18.60.010 18.60.020 18.60.040 18.60.050 18.60:060 18.60.070 Chapter 18.60 MATERIAL SALES Materials available. Additional application information. Volume determination. Method of payment. Appraisal. Performance bond. 159 -1 (Kodiak_Island Borough 9/83)