AC Contract No. 1993-10~L-~?3 -f O
0125 66')
DRIVEWAY ACCESS PERMIT
KIBC CHAPTER 15.26
__
Kodiak Island Borough, a municipal corporation, organized
and existing under the laws of the State of Alaska, 710 Mill Bay
Road, Kodiak, Alaska 99615, hereinafter referred to as KIB, in
consideration of $50.00 and the agreements contained in this
instrument, grants to Tom Hendel of
P.O. Box 1804 , Kodiak, Alaska 99615, hereinafter referred
to as Grantee, the right, except as limited by this instrument,
to the non-exclusive use, for the purpose of a driveway, but not
for other purposes, a portion of the right-of-way, described as
follows:
Undeveloped portion of Bayview Road, Pasagshak River
Subdivision according to Plat X74-22; and an
Undeveloped portion of Bayside Road, Pasagshak Rivex
Subdivision, Second Addition according to Plat x`75-17.
Both plats are filed in the Kodiak Recording District,
Third Judicial District, State of Alaska.
This grant is made on the following terms:
1. Construction and Maintenance. The driveway shall be
constructed and maintained in a good and workman-like manner and
shall be made and kept as safe for travel as possible. The
expense of construction and maintenance of the driveway shall be
borne by Grantee; KIB shall not be liable for any of the expenses
of such construction and maintenance. The driveway shall be
constructed and maintained in accordance with the provisions of
the Uniform Building Code as adopted by Kodiak Island Borough
Code (KIBC) Chap. 15.04, the Uniform Fire Code as adopted in KIBC
Chap. 15.24, the provisions on driveway access set forth in KIBC
Chap. 15.26, and current industry standards for the construction,
maintenance and use of a driveway including proper drainage. The
driveway shall be designed and constructed in a manner which is
consistent with any prior public design which applies to this
right-of-way, and any contiguous or adjacent streets, roads or
alleys. Grantee shall replace all survey markers displaced
during the course of construction. Grantee shall coordinate his
construction with local utility companies to avoid damage to
utility lines or interruption of service. Grantee agrees to
share in the cost of future construction and maintenance, as
necessary, as the use of the roadway increases.
2. Removable Resource Materials. All removable resource
materials upon the right-of-way including trees, stumps, rock,
gravel and topsoil, and the like are the property of KIB.
Grantee is not entitled to sell, transfer, or make any other
commercial use of said removable resource materials without the
DRIVEWAY ACCESS PERMIT - Page 1
11125 670
~axprgss_wxitten permission of KIB. KIB may .require the storage
-_
of removable resource materials upon the right-off way, ~y
Grantee, and in the alternative may require the delivery of
removable resource materials to any site or disposal area with
road access within 0 miles of the right-of-way. KIB may require
construction of the right-of-way to be planned or interrupted in
order to provide for orderly disposition of removable resource
materials.
3. Site Plan. Grantee shall submit to the Resource
Development Department a detailed site plan for approval prior to
construction. The plan may include a detailed as-built survey
and design and construction plans sufficient enough to the
satisfy the Resource Manager and demonstrate compliance with the
standards set forth in paragraph 1 above. The plan shall include
a written report concerning the time schedule and funding for
construction and maintenance. The report shall also identify
utility lines within the right-of-way and discuss the
coordination necessary to avoid the interruption of utility
service. Where necessary, the site plan and survey are subject
to approval by the Fire Chief for the area which includes the
driveway.
4. Compliance With Laws. Grantee shall design, construct
and maintain the driveway in strict compliance with all
applicable laws, ordinances, regulations and other requirements
of any federal, state, county, municipal, or other government and
will obtain all necessary permits, licenses, or other consents
for the operation of the driveway. In particular, Grantee shall
comply with State of Alaska, Department of Transportation access
requirements and the wetlands regulations of the Department of
the Army, Corps of Engineers.
5. Gate. Grantee, may, at his election, construct a gate
across the driveway, which must be kept unlocked. The gate must
be removed at the request of the Kodiak Island Borough, or any
neighboring landowner with access to the same platted right-of-
way.
6. Waiver of Access Claims. Grantee acknowledges that the
driveway may be the site of future public construction of a
public street or roadway, or for any public purpose. Grantee
agrees to cooperate with any such public construction which has
been approved by KIB. Grantee expressly waives any future claim
related to loss or impairment of access to the roadway, including
all claims alleging inverse condemnation or taking of private
property without compensation, and all claims relating to
interference of constitutional or common law property rights.
7. Waiver of Liability. Grantee expressly waives all
claims against the KIB relating to the right-of-way including any
DRIVEWAY ACCESS PERMIT - Page 2
0125 671
_ _ -z=ai=~-used up®n-__the title. ar_us~_~f the _premi~t _an_~ claim
relating to the condition of the property, and any claim relating
to the construction, maintenance and use of the driveway.
8. Indemnity. Grantee shall forever protect, save and
keep KIB, its agents, officers and employees, harmless and
indemnify them against and from any and all claims, demands,
losses, costs, damages, suits, judgments, penalties, expenses,
and liabilities of any kind or nature whatsoever arising out of
this agreement, including all claims relating to the Grantee's
construction, design or maintenance of the road or driveway and
all claims relating to damage or interruption of utility service.
9. Blastina. Grantee shall not conduct any blasting
operations in connection with the construction or maintenance of
the driveway except with the prior written approval of the
Resource Management Officer. The personnel who conduct any such
blasting operation shall be properly insured and certified to the
satisfaction of KIB.
10. No Warranties. The parties hereto agree and
acknowledge that no promises, representations or agreements have
been made with respect to the use and condition of the premises
conveyed except those contained in the body of this agreement.
The representations, comments and promises contained herein are
for the sole benefit of KIB and Grantee and their successors and
assigns, and not for the benefit of any third party. No other
person or entity shall have any right of action hereon.
11. Termination. Either party shall have the right to
terminate this agreement without cause, provided notice is given
at least ninety (90) days prior to termination to the other
party. The obligations for indemnity and waiver of liability and
access claims, imposed upon Grantee by this agreement shall
survive termination and shall remain fully effective thereafter.
12. Relationship of Parties. Nothing herein is intended
nor shall ever be construed to create a joint venture,
partnership or any other type of association between the parties,
nor shall either party have the right to act on behalf of or bind
the other for any liability, cost, expense or undertaking, except
as set forth in this agreement.
13. Headinas. The headings contained in this agreement are
for reference purpose only and will not in any way effect the
meaning or interpretation of this agreement or any provision
hereof.
14. Entire Aareement. This agreement contains the entire
understanding of the parties. There are no representations,
warranties, promises, covenants or undertaking other than those
DRIVEWAY ACCESS PERMIT - Page 3
0125 672
meaning or interpretation o~ His -agreement or-any provision ~
I
hereof.
14. Entire Agreement. This agreement contains the entire
understanding of the parties. There are no representations,
warranties, promises, covenants or undertaking other than those
expressly set forth herein. No extrinsic matter to this
agreement shall have any force or effect.
15. Attornev's Fees and Costs. In any suit or action
brought to enforce this agreement or to obtain an adjudication of
rights hereunder, the losing party shall pay to the prevailing
party a reasonable attorney's fee and all other costs and
expenses which may be incurred by the prevailing party in such
action.
16. Enforceability. This permit shall run with the land
for the benefit of Lot /r2 Block, Pasagshak Subdivision
(Second Addition). The burdens and obligations of this permit
shall also run with the land.
17. Applicable Law. This agreement shall be construed
pursuant to the laws of the State of Alaska.
DRIVEWAY ACCESS PERMIT - Page 4
0125 673
IN WSTI4ESS__ WHEREOF, the parties have executed this
__ - - -_ _ _
instrument at Kodiak, Alaska, this Z7~'day of 3e~- e,.-h a / ,
19~.
KODIAK ISLAND BOROUGH
By: ~' ~~~
Its:
GRANTEE
By ; I ~ 'Y
By:
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the ~~h day of \ fGn76~.:~ ,
19~, before me, the undersigned, a Nota~r!y Public in nd for the
State of Alaska, duly commissioned and sworn, personally appeared
'~/~7 ~~~~z [ known to me to be the individual herein
named, and he acknowledged to me that he signed the foregoing
instrument as his free and voluntary act and deed for the uses
and purposes therein contained.
GIVEN UNDER MY HAND and official seal the day and year last
above written.
tary Public fo ska
y commission expires: ~ j~-`3S
.~? a _2~5'd 9
OFFiG~AL uEAL
JUDITH A. tv{ELSr:N
NOTARY PUtr)LIC•AtASKA
KODIAK{SI-AND Bt1RGUAH
My Comm, Enotnnn5~t, t^^<, t985
~_.? S?SLS"1_52YESZ~iA
DRIVEWAY ACCESS PERMIT - Page 5
0125 6`74
cmnmc__nF_. nT~ _.~_
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of ,
19 before me, the undersigned, a Notary Public in and for the
State of Alaska, duly commissioned and sworn, personally appeared
known to me to be the individual
herein named, and he acknowledged to me that he signed the
foregoing instrument as his free and voluntary act and deed for
the uses and purposes therein contained.
GIVEN UNDER MY HAND and official seal the day and year last
above written.
Notary Public for Alaska
My commission expires:
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the ~'1~hday of cm c.-
1983, before me, the undersigned, a Notary Public in a d for the
State of Alaska, duly commissioned and sworn as such, personally
appeared JEROME M. SELBY, to me known to be the Mayor of the
Kodiak Island Borough, a municipal corporation, and known to me
to be the person who executed the within instrument on behalf of
the municipal corporation herein named, and acknowledged to me
that he executed the same as a free act and deed of the said
corporation for the uses and purposes therein stated and pursuant
to its bylaws or a resolution of the Kodiak Island Borough
Assembly.
GIVEN UNDER MY HAND and official seal the day and year last
above written.
Notary Public for Alaska
My commission expires: O~/p~~gyt
OFFICIAL SEAL
DO"1NA ~. SMITH
NOTARY PUPLI~ - ALASKA .
KCOI,4K ISLghv BOROUGH
Return t0: My Comm. Expire:: June 7,.1994
Kodiak Island Boro ~,r~~,~°"`""~`=~"
710 Mill Bay Road
Kodiak, AK 99615
0000030 000006386
9!27!93 11:32:46 Duane
P p 1 D 50.00 BP
FREE FOAM LIIE
113
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DRIVEWAY ACCESS PERMIT - Page 6
0125 675
94-006
3~
~RECCIRDFD-FAD
`KODIAF; f?;'~~ y ;
UiSTRICT
Jai ~ 4 03 PM'9~1
ACDRi.;>
/y ~ - 't "~ - / C
DRIVEWAY ACCESS PERMIT
KIBC CHAPTER 15.26
Kodiak Island Borough, a municipal corporation, organized
and existing under the laws of the State of Alaska, 710 Mill Bay
Road, Kodiak, Alaska 99615, hereinafter referred to as KIB, in
consideration of $50.00 and the agreements contained in this
instrument, grants to Tom Hendel of
P.O. Box 1804 , Kodiak, Alaska 99615, hereinafter referred
to as Grantee, the right, except as limited by this instrument,
to the non-exclusive use, for the purpose of a driveway, but not
for other purposes, a portion of the right-of-way, described as ---
follows:
Undeveloped portion of Bayview Road, Pasagshak River
Subdivision according to Plat $74-22; and an
Undeveloped portion of Bayside Road, Pasagshak River
Subdivision, Second Addition according to Plat #75-17.
Both plats are filed in the Kodiak Recording District,
Third Judicial District, State of Alaska.
This grant is made on the following terms:
1. Construction and Maintenance. The driveway shall be
constructed and maintained in a good and workman-like manner and
shall be made and kept as safe for travel as possible. The
expense of construction and maintenance of the driveway shall be
borne by Grantee; KIB shall not be liable for any of the expenses
of such construction and maintenance. The driveway shall be
constructed and maintained in accordance with the provisions of
the Uniform Building Code as adopted by Kodiak Island Borough
Code (KIBC) Chap. 15.04, the Uniform Fire Code as adopted in KIBC
Chap. 15.24, the provisions on driveway access set forth in KIBC
Chap. 15.26, and current industry standards for the construction,
maintenance and use of a driveway including proper drainage. The
driveway shall be designed and constructed in a manner which is
consistent with any prior public design which applies to this
right-of-way, and any contiguous or adjacent streets, roads or
alleys. Grantee shall replace all survey markers displaced
during the course of construction. Grantee shall coordinate his
construction with local utility companies to avoid damage to
utility lines or interruption of service. Grantee agrees to
share in the cost of future construction and maintenance, as
necessary, as the use of the roadway increases.
2. Removable Resource Materials. All removable resource
materials upon the right-of-way including trees, stumps, rock,
gravel and topsoil, and the like are the property of KIB.
Grantee is not entitled to sell, transfer, or make any other
commercial use of said removable resource materials without the
DRIVEWAY ACCESS PERMIT - Paqe 1
egress written permission of KIB. KIB may require the storage
--- - - --
of remova~Te resource materials upoh the rig~it-o£-way,
Grantee, and in the alternative may require the delivery of
removable resource materials to any site or disposal area with
road access within 0 miles of the right-of-way. KIB may require
construction of the right-of-way to be planned or interrupted in
order to provide for orderly disposition of removable resource
materials.
3. Site Plan. Grantee shall submit to the Resource
Development Department a detailed site plan for approval prior to
construction. The plan may include a detailed as-built survey
and design and construction plans sufficient enough to the
satisfy the Resource Manager and demonstrate compliance with the
standards set forth in paragraph 1 above. The plan shall include
a written report concerning the time schedule and funding for
construction and maintenance. The report shall also identify
utility lines within the right-of-way and discuss the
coordination necessary to avoid the interruption of utility
service. Where necessary, the site plan and survey are subject
to approval by the Fire Chief for the area which includes the
driveway.
4. Compliance With Laws. Grantee shall design, construct
and maintain the driveway in strict compliance with all
applicable laws, ordinances, regulations and other requirements
of any federal, state, county, municipal, or other government and
will obtain all necessary permits, licenses, or other consents
for the operation of the driveway. In particular, Grantee shall
comply with State of Alaska, Department of Transportation access
requirements and the wetlands regulations of the Department of
the Army, Corps of Engineers.
5. Gate. Grantee, may, at his election, construct a gate
across the driveway, which must be kept unlocked. The gate must
be removed at the request of the Kodiak Island Borough, or any
neighboring landowner with access to the same platted right-of-
way.
6. Waiver of Access Claims. Grantee acknowledges that the
driveway may be the site of future public construction of a
public street or roadway, or for any public purpose. Grantee
agrees to cooperate with any such public construction which has
been approved by KIB. Grantee expressly waives any future claim
related to loss or impairment of access to the roadway, including
all claims alleging inverse condemnation or taking of private
property without compensation, and all claims relating to
interference of constitutional or common law property rights.
7. Waiver of Liabilitv. Grantee expressly waives all
claims against the KIB relating to the right-of-way including any
DRIVEWAY ACCESS PERMIT - Page 2
relating to the condition of the property, and any claim
to the construction, maintenance and use of the driveway.
8. Indemnity. Grantee shall forever protect, save and
keep KIB, its agents, officers and employees, harmless and
indemnify them against and from any and all claims, demands,
losses, costs, damages, suits, judgments, penalties, expenses,
and liabilities of any kind or nature whatsoever arising out of
this agreement, including all claims relating to the Grantee's
construction, design or maintenance of the road or driveway and
all claims relating to damage or interruption of utility service.
9. Blasting. Grantee shall not conduct any blasting
operations in connection with the construction or maintenance of
the driveway except with the prior written approval of the
Resource Management Officer. The personnel who conduct any such
blasting operation shall be properly insured and certified to the
satisfaction of KIB.
10. No Warranties. The parties hereto agree and
acknowledge that no promises, representations or agreements have
been made with respect to the use and condition of the premises
conveyed except those contained in the body of this agreement.
The representations, comments and promises contained herein are
for the sole benefit of KIB and Grantee and their successors and
assigns, and not for the benefit of any third party. No other
person or entity shall have any right of action hereon.
li. Termination. Either party shall have the right to
terminate this agreement without cause, provided notice is given
at least ninety (90) days prior to termination to the other
party. The obligations for indemnity and waiver of liability and
access claims, imposed upon Grantee by this agreement shall
survive termination and shall remain fully effective thereafter.
12. Relationship of Parties. Nothing herein is intended
nor shall ever be construed to create a joint venture,
partnership or any other type of association between the parties,
nor shall either party have the right to act on behalf of or bind
the other for any liability, cost, expense or undertaking, except
as set forth in this agreement.
13. Headings. The headings contained in this agreement are
for reference purpose only and will not in any way effect the
meaning or interpretation of this agreement or any provision
hereof .
14. Entire Agreement. This agreement contains the entire
understanding of the parties. There are no representations,
warranties, promises, covenants or undertaking other than those
DRIVEWAY ACCESS PERMIT - Page 3
~ ssf- ~hs_ eemeT*-ter- =r=_-__
hereof.
14. Entire Agreement. This agreement contains the entire
understanding of the parties. There are no representations,
warranties, promises, covenants or undertaking other than those
expressly set forth herein. No extrinsic matter to this
agreement shall have any force or effect.
15. Attorney's Fees and Costs. In any suit or action
brought to enforce this agreement or to obtain an adjudication of
rights hereunder, the losing party shall pay to the prevailing
party a reasonable attorney's fee and all other costs and
expenses which may be incurred by the prevailing party in such
action.
16. Enforceability. This permit shall run with the land
for the benefit of Lot /fZ Block, Pasagshak Subdivision
(Second Addition). The burdens and obligations of this permit
shall also run with the land.
17. Applicable Law. This agreement shall be construed
pursuant to the laws of the State of Alaska.
DRIVEWAY ACCESS PERMIT - Page 4
IN WITNESS WHEREOF, the parties have executed this
I7f3ca ~~0~1dT~~3~.__~FT75-.__CT3y6~ P i,, dT.
KODIAK ISLAND BOr]R~OUGH
By: rC" ~~
Its•
GRANTEE
.~-~
By:~
By:
STATE OF ALASKA )
ss:
THIRD NDICIAL DISTRICT )
THIS IS TO CERTIFY that on the ~~ day of ~ f' />,~/ ,
19~, before me, the undersigned, a Notary Public in nd for the
State of Alaska, duly commissioned and sworn, personally appeared
"T h'1 ~/~nd?_ ( known to me to be the individual herein
named, and he acknowledged to me that he signed the foregoing
instrument as his free and voluntary act and deed for the uses
and purposes therein contained.
GIVEN UNDER MY HAND and official seal the day and year last
above written.
tary Public fo ska
y commission expires: ~j-/~-95
-a, ~sxs.~sa.
OFFiC~AL uEAL
JUDITk A. h1EL$EN
NOTARY PUAi.iGAIASKA
KODIAK ISI AND BOflOUQH
My Comm. Exd~s.Sept. t2, 1885
c¢~srs~sr_szse a
DRIVEWAY ACCESS PERMIT - Page 5
HTATE QF AT.A RKA )
)SSO
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of ,
19 before me, the undersigned, a Notary Public in and for the
State of Alaska, duly commissioned and sworn, personally appeared
known to me to be the individual
herein named, and he acknowledged to me that he signed the
foregoing instrument as his free and voluntary act and deed for
the uses and purposes therein contained.
GIVEN UNDER MY HAND and official seal the day and year last
above written.
Notary Public for Alaska
My commission expires:
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the ;~'1~hday of ' m ~,- ,
193, before me, the undersigned, a Notary Public in a d for the
State of Alaska, duly commissioned and sworn as such, personally
appeared JEROME M. SELBY, to me known to be the Mayor of the
Kodiak Island Borough, a municipal corporation, and known to me
to be the person who executed the within instrument on behalf of
the municipal corporation herein named, and acknowledged to me
that he executed the same as a free act and deed of the said
corporation for the uses and purposes therein stated and pursuant
to its bylaws or a resolution of the Kodiak Island Borough
Assembly.
GIVEN UNDER MY HAND and official seal the day and year last
above written.
~ ~--'G"YYYItc ~~JYYLL~~
Notary Public for Alaska
My commission expires: O(p/p ~/ysc
Return to:
Kodiak Island Boroi
710 Mill Bay Road
Kodiak, AK 99615
OFFICIAL SEAL
DO*!NA '.SMITH
NOTARY PUDL.b~ - ALASKA
KC01,4K ISLAI~~~ DOROUGH
My Comm. Expire=_: ,tune 7, 1994
0000030 000006386
9/27/93 11:32:46 Drone
FAFE FOAM LIIE ti ~~~ ~
i4
DRIVEWAY ACCESS PERMIT - Page 6