FY2025-22 Authorizing The Disposal By Easement Of Borough Land For Less Than Fair Market Value1
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-22
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING
THE DISPOSAL BY EASEMENT OF BOROUGH LAND FOR LESS THAN FAIR MARKET
VALUE
WHEREAS the Kodiak Island Borough owns the tract of land USS 2539 Lot 1 Remainder
Womens Bay through which a river identified as the Russian Creek flows; and
WHEREAS the Russian Creek has shifted course and altered the riverbed many times, and
overflows during heavy rain events; and
WHEREAS private property owners on the south side of the river have experienced flooding
of their property and witnessed the erosion of land near their property because of the river
dynamics of Russian Creek; and
WHEREAS the property owners of Russian Creek Subdivision, Lot A-5 (522 Leta Street),
Andrew Finke and Bernadette Deplazes, have requested access to the Borough land adjacent to
their property to conduct riverine erosion control efforts to protect their private property from
erosion by the Russian Creek; and
WHEREAS upon consultation with the Borough Attorney for the best means of protecting
Kodiak Island Borough interests while allowing a private property owner to mitigate loss of
property, staff is proposing the grant of an easement; and
WHEREAS KIBC 18.20.170 defines "disposal" as any transfer of real property; and
WHEREAS Kodiak Island Borough Code (KIBC) 18.20.030 requires review of each proposed
disposal of borough land by the Planning and Zoning Commission and that the Planning and
Zoning Commission by resolution, make a recommendation to the assembly; and
WHEREAS the principal purpose of the Planning and Zoning Commission review is to consider
if the identified land will be to the benefit of the public if disposed of; and
WHEREAS, the Planning and Zoning Commission has reviewed this proposed disposal and
recommends approval via their Resolution No. 2025-03; and
WHEREAS KIBC 18.20.100 (A) requires that property be disposed of at fair market value;
however, given that the property owner is proactively taking steps to mitigate property loss due to
circumstance beyond anyone's control, staff is recommending disposal without charge.
Resolution No. FY2025-22
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NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Assembly finds it is in the public interest to dispose of land by easement
along the length of the southern property boundary, adjacent only to the property identified as
Russian Creek Subdivision, Lot A-5, from the Northwest corner to the Northeast corner of Russian
Creek Subdivision Lot A-5 and variable up to seventy-five (75) feet in width from the property
boundary to the top of the stream bank, for less than fair market value, and authorizes the
Manager to enter into an easement agreement for the conduct of riverine erosion control efforts
associated with Russian Creek Subdivision Lot A-5.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTEENTH DAY OF APRIL, 2025
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
VOTES:
Ayes: Whiteside, Ames, Griffin, Johnson, Sharratt, and Smiley
Absent: LeDoux
Javier, MMC, Borough Clerk
Resolution No. FY2025-22
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