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BELLS FLATS TR A BK 4 LT 3 - Code Enforcement (4)TO DA T Pia RA:rd. TIME /0/7:5— ---- WHILE YOU WERE OUT FROM Tabbs5 OF Telephoned Please Call Back MESSAGE di. 60 kW/n-1 _ e_gYn TELEPHONE NO. OR OPERATOR Z9-/11,04 EXTENSION iIICaII Again ants To See You See Ope at Piernc (.1.Jer -C2338 • SIGNED qoix_ Calt& MONTE 0 .74 145.5. 1 w z = o a rn _ W61 N o z Y N U a N J N U • 0 (f) N w �w FZ U 0c� rn o < o r J �¢ o w U • U ia 5 EOOK- - -L� .PAGE. Kodiak Recce Dis . CONFIRMATION DEED This Confirmation Deed made on February 13 , 1980, by the Kodiak Island Borough, an Alaskan-municipal corporation, herein the grantor, to Kodiak Livestock Cooperative, Inc., an Alaskan corporation, whose address is P. 0. Box 273, Kodiak, Alaska 99615, herein the grantee. RECITALS_ 1. Grantor conveyed to grantee by quitclaim deed dated May 13, 1971, and recorded in Book 24D at Page 10.6 in the records of the Kodiak Recording District, Third Judicial. District, State of Alaska-, a copy of which is annexed hereto and incorporated by reference herein. 2. In the deed incorporated herein the following clauses were set forth: To have and to hold the above described real property for use as a slaughterhouse facility. If it is determined by the grantor that the lands described herein, are not used by the grantee, for the purpose of a slaughterhouse facility said land shall revert to the grantor. The parties intended that the conveyance be subject to a condition subsequent that a slaughterhouse and /or an agricultural research facility be operated and maintained on the premises, but that this need not be the exclusive use of the property, and that the proceeds from any additional use of the property be used for the operation and maintenance of the slaughterhouse and /or agriculturual research facility. 3. To prevent difficulties hereafter and to permit recordation of a deed that reflects the true intent of the parties in every respect, the parties desire to correct the clauses quoted above by replacing them with the terms set forth below. CONFIRMATION OF CONVEYANCE Now, therefore, grantor, -for and in consideration of the ' sum of one dollar ($1.00), lawful money of the United States and other good and valuable consideration, conveys and quitclaims to grantee, subject to the condition hereafter stated, all its right, title and interest in and to the following described real estate. in the Kodiak Recording District, Third Judicial District, State of,Alaska: A parcel of land lying within Tract "A ",.Bells Flats Alaska Subdivision, recorded within the Kodiak Recording District, Serial #69 -684, Plat #69 -4, said parcel of land being bounded on the south by the northerly R/W line of the Cape Chiniak Road and the northerly line of MHW of Russian Creek; bounded on the west by a portion of the Earl D.. Deaters Borrow Pit Site of which the plat of survey was approved by the Kodiak Island Borough Assembly, dated 7/23/69, drawing #M1S 690528 BO, bounded on the north by • the southerly R/W lines of Russian Creek Road and Uganik Drive, and bounded on the east by the westerly R/W line of Sargent Creek Road; said parcel being more particularly described by metes and bounds as follows: Page 1 of 3 5 cn BOu PAG Kodiak Recording thsid • Beginning at the most easterly point of Tract "A" Bells Flats Alaska-Subdivision identical with Corner MO: '3, U. S. Navy Tract 2; thence, S 30°45'25"W 19.41' along the northerly R/W line of the Cape Chiniak Road; thence, continuing along said R/W line S 16055'18"W a, distance of 105.09' to the True Point of Beginning of this Description, said point being the westerly R/W point of intersection of Cape',Chiniak Road and Sargent' Creek Road; thence, continuing on said R/W line S 16° 53'18"W a distance of 145'+ to the line of MHW of the northerly bank of Russian Creek; 'thence, meandering in a westerly direction upstream along the said MHW line Of Russian Creek to a point which bears S 37°05'35"E, a distance of 646.15'+ from 'a point on the southerly .R/W of the Russian Creek Road, said southerly R/W • point being the PC of a curve being defined as having , a delta-angle of 31°49'29", a radius of 602.96', an arc length of 334.91'; thence, N 37°05'35"W, a distance of 646.15'+ along the northeasterly boundary of the Earl D. Deater Borrow Pit Site hereinbefore described to the PC'of the hereinbefore mentioned curve; thence, traversing along the southeasterly R/W line of Russian Creek Road, said R/W being 60' in width, N 15°53'30"E, 92.69' to the PT of a curve; thence, on a curve to the right having an arc length of 353.92'i radius of 3788.30', delta angle of 05 21'10" to the PC; thence, N 21°14'40"E, 337.97' to a PT of a curve; thence, leaving Russian Creek Road R/W and traversing along the easterly R/W line of Uganik Drive, said R/W being 60' in width, on a curve to the left having an arc length of 91.61', radius of 173.24', delta angle of 30017'52" to the PC; thence, N 09°03'12"W, a distance of 255.38' to a PT of a curve; ' thence, along a curve to.the left having a total arc length of 263.90', radius of 285.03', delta angle of 53°02'53" to the intersection of the southerly R/W line of Uyak Drive with Uganik Drive; said intersection being connected with a radius return curve having a radius of 15'; said Uyak Drive having a R/W width of 60' as shown on the plat of survey of Royal V. Larges' Borrow Pit Site approved by the Kodiak Island Borough Assembly on July 23, 1969, drawing #M1S 690505 BO; thence, along said R/W line of Uyak Drive N 67°27'44"E, 498'+ to the intersection of the southerly R/W line of Uyak Drive with the westerly R/W line of Sargent Creek Road; said intersection being connected with a radius return curve having a radius of 15'; said Sargent Creek Road having a R/W width of 60'7as shown on the hereinbefore mentioned plat; thence, along the R/W line of Sargent Creek Road S 30°12'29"E, a distance of 178'+ to a PT of a curve; thence along a curve to the right having an arc length of 255.59' radius of 853.25', delta angle of 17°09'46" to a PC; thence, S 13°02'43"E, a distance of 662.51' to a PT; thence, along a curve to the left having an arc length of 307.34, radius of 429.66, delta angle of 40°59'07" to a PC; thence, S 54°01'50"E, a distance of 455.35' to the True Point of Beginning of this description, containing 32.5 acres more or less. To have and to hold the above-described property on condition that a slaughterhouse and/or agricultural research facility be maintained. thereon and that the proceeds from any additional use of the property be used for the operation and maintenance of the slaughterhouse and/or agricultural research facility; and in the event that the property, or proceeds from the use thereof, are not used as aforesaid, grantor and its sucessors and assigns may re-enter and repossess the premises, terminating the estate of grantee therein. Page 2 of 3 B!?OK 45Li__PA(d* i. ---� Kodiak Recording District I.N WITNESS WHEREOF, the parties hereto have executed this 'qn the •date first above written. GRANTOR Kodiak Island Borough STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the /'day of � � , 19'4 before me, the undersigned Notary Public for the State of Alaska, duly commissioned and sworn as such, personally • appeared • / . �,,C�r of the Kodiak Island Borough and, qFfowledged that said instrument was signed and sealed on behalf of the Kodiak Island Borough by Proper P authority delegated and vested in himself, and acknowledged ,further said instrument to be the free act and deed of said ' Kodiak..Island Borough.. D+.''IP WITNESS WHEREOF, I have hereunto set my hand and affixed •••mfr; 5;ea•1ahe day and year first above written. STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the of &day 197(9, before me, the undersigned Notary Public or the State of Alaska, d ly commission d and sworn as such, personally appeared .0 a). of the Kodiak Livestock oo erative Inc. and acknowledged p g that said instrument was.signed and sealed on behalf of the Kodiak Livestock Cooperative, Inc. by proper authority delegated and vested in himself, and acknowledged further said instrument to be`.the free act and deed of said Kodiak Livestock Cooperative, ;ySTSS WHEREOF, I have hereunto set my hand and affixed "theday and year first above written. / ?;; �.� Q I 0 6 5 No ary P4,4 is in and for ska My Commission Expires: 6./ 4 7 / 174" /c/. ®O ✓ �/ �CC/i'�Gf/.(,�� Not ry;•ublic in and fo Alaska My Co ission Expires: GRANTEE Kodiak Livestock Cooperative, Inc. B ss. -c,,E\.1... f1 i.: 1. '.i ' i DISTRICT Page 3 of 3 Juu 6 3 22 IT-'8 . BEWJESTED.3Y • AOORESS. (o DAVE P. TJB°3S LAND MANAGEMENT CONSULTANT 2207 5PENARD RD. SU TE 204 piCHORAGE, ALASKA 39503 MESSAGE DATE / TO %(� RE' , A.0.7 .04., Dee,_ &//C A' Li v�(5"0 &o , c. /7 /7 REPLY %S Ci f/!/J Gf /!I 4W: Le,/ (516`U%U! vdZ 1^Pi72 -70, eta r /7/we DATE C....9 C • / / !KODIAK, AlIpM :A 2ECEI rir°r''- 4r7r G-o z ix") rte ff r74-1'" 7/ SIGNED Redifprm. 45 473 Poly Pak (50 sets) 4P473 SIGNED SEND PARTS 1 AND 3 WITH CARBON INTACT - PART 3 WILL BE RETURNED WITH REPLY. DALE P. TUBBS LAND MANAGEMENT CONSULTANT 2207 SPENARD ROAD, SUITE 204 ANCHORAGE, ALASKA 99503 TELEPHONE (907) 279-9931 . CERTIFIED MAIL RETURN RECEIPT REQUESTED - April 5, 1979 Kodiak Livestock Cooperative, Inc. P.O. Box 1608 Kodiak, Alaska 99615 REF: Kodiak Island Borough Quitclaim Deed, Issued May 13,,1971 Dear Sirs: Recent developments taking place in Bells Flats Alaska Subdivision have brought attention to the restrictive use clause included in the Kodiak Island Borough Quitclaim Deed issued to your cooperative on May 13, 1971. The permitted land utilization is limited to those connected with the ,s slaughter facility. It is now learned that your cooperative has leased approximately 9 acres of the deeded property,t6 a Mr. Don Arndt. He has constructed a metal building on the leased area and applied for a second building permit for -- another building. Mr. Arndt's ventures are not oriented to uses associated'to the slaughter facility. He has, in fact, subleased the building to Spark and Arc, a welding business. The nonconforming uses not only jeopardize your title, but also expose your association to possible litigation from the lessee. Your association, by this letter, is put on notice of the nonconforming use taking place for the land involving the Kodiak Island Borough Quitclaim Deed issued May 13, 1971. Your cooperative is asked to meet with designated represen- tatives of the borough to discuss remedies to resolve this matter. This meeting is to take place within fifteen days of receipt of this letter. Please call the borough manager's office to arrange a time and date. The meeting will be held in the Borough Office Building. Failure on the cooperative's part to attend such a meeting will leave no alternative to -2- the Kodiak Island Borough but to take other notice and claim action to void the deed. Sincerely, Dale P. Tubbs Land Management Consultant for Kodiak Island Borough DPT /bc cc: R( ichard/ W. Garnett III, Attorney p / O G�tt ft � s /i� � �� Q� ry v j f7 /1- 5- c-c-ow DALE P. TUBBS LAND MANAGEMENT CONSULTANT 2207 SPENARD ROAD, SUITE 204 ANCHORAGE; ALASKA 99503 TELEPHONE (907) 279-9931 MEMORANDUM DATE: April -5, 1979 T0: Stuart 0. Denslow FROM: Dale P. Tubbs SUBJECT: QCD to Kodiak Livestock Assoc. K618 It became evident at the P &Z meeting on March 28, 1979 there has been no follow through in regard to enforcement of the restrictive clause in the borough quitclaim deed to the Kodiak Livestock Association. The restrictive clause limits the use, of the 33 acre parcel to livestock slaughter facilities only; and upon a finding of the borough that other use is being made of the land, the land can .be taken back. Several approaches could be taken. These are: 1. Take action to reclaim the entire area. 2. Take action to reclaim all of the area not presently occupied by the slaughterhouse and adjacent pens. 3. Look back to the original time of conveyance and determine if the borough acted within their authority to make a negotiated sale to the association. Convey a new title without the restrictive clause. Do nothing. compounds the problem and number 5 would be an ir- responsible action. 4. 5. Number 4 I recommend the Kodiak Livestock Association be put on notice, be asked to come in and talk about the problem with ideas to resolve it, and the notice include the action the borough will take if they fail to respond. Attached is such a draft letter. Without further research, one could question whether or not, the Kodiak Livestock Association is a legally constituted entity. Many organizations tend to fall apart and lose their incorporated standing through the failure to submit the annual reports required. cc: Richard W. Garnett III, Attorney DPT /bc DALE P. TUBBS LAND MANAGEMENT CONSULTANT 2207 SPENARD ROAD, SUITE 204 ANCHORAGE, ALASKA 99603 TELEPHONE (907) 279 -9931 MEMORANDUM DATE: April 5, 1979 TO: Stuart O. Denslow FROM: Dale P. Tubbs SUBJECT: QCD to Kodiak Livestock Assoc. K618 It became evident at the P &Z meeting on March 28, 1979 there has been no follow through in regard to enforcement of the restrictive clause in the borough quitclaim deed to the Kodiak Livestock Association. The restrictive clause limits the use of the 33 acre parcel to livestock slaughter facilities only; and upon a finding of the borough that other use is being made of the land, the land can .be taken back. Several approaches could be taken. These are: 1. Take action to reclaim the entire area. 2. Take action to reclaim all of the area not presently occupied by the slaughterhouse 'and adjacent pens. Look back to the original time of conveyance and determine if the borough acted within their authority to make a negotiated sale to the association. 4. Convey a new title without the restrictive clause. 5. Do nothing. Number 4 compounds the problem and number 5 would be an ir- responsible action. I recommend the Kodiak Livestock Association be put on notice, be asked to come in and talk about the problem with ideas to resolve it, and the notice include the action the borough will take if they fail to respond. Attached is such a draft letter. Without further research, one could question whether or not the Kodiak Livestock Association is a legally constituted entity. Many organizations tend to fall apart and lose their incorporated standing through the failure to submit the annual reports required. cc: Richard W. Garnett III, Attorney DPT /bc ..• )RAFT COPY CERTIFIED MAIL RETURN RECEIPT REQUESTED April 5, 1979 Kodiak Livestock Association Kodiak, Alaska 99615 REF: Kodiak Island Borough Quitclaim Deed. -4Etl Issued May 13, 1971 Dear Sirs: Recent developments taking place in Bells Flats Alaska Sub- division have brought attention to the restrictive use clause included in the Kodiak Island Borough quitclaim issued to your association on May 13, 1971. The permitted land uti- lization is limited to those connected with slaughter facility. It is now learned your association has leased approximately 19 acres of the deeded property to a Mr. Don Arndt. He has con- structed a metal building on the leased area and applied for a second building permit for another building. Mr. Arndtts ventures are not oriented to uses associated to the slaughter facility. He has, in fact, subleased the building to Spark and Arc, a welding business. -2- The nonconforming uses not only jeopardize your title, but also expose your association to possible litigation from the lessee. Your association, by this letter, is put on notice of the nonconforming use taking place for the land involving Kodiak Island Borough Quitclaim Deed NO issued May 13, 1971. Your association is asked to meet with designated representa- tives of the borough to discuss remedies to resolve this matter. This meeting is to take place within fifteen days of receipt of this letter. Please call the borough manager's office to arrange a time and date. The meeting will be held in the Borough Office Building. Failure on the association's part to attend such a meeting will leave no alternative to the Kodiak Island Borough but to take other notice and claim action to void the deed. Sincerely, Dale P. Tubbs Land Management Consultant for Kodiak Island Borough cc: Stuart 0. Denslow Kodiak Island Borough Assembly