92-46 Land Acquisition For Fire Service District 1 - Purchase DocumentsITEM # 12.D.2
Kodiak Island Borough
AGENDA STATEMENT
Meeting of: November 19, 1992
ITEM TITLE: APPROVAL OF LAND ACQUISITION FOR FIRE SERVICE DISTRICT
ONE AND AUTHORIZING MAYOR TO SIGN LAND PURCHASE DOCUMENTS.
SUMMARY STATEMENT
Fire Service District One Representatives have negotiated the purchase
of a lot adjacent to the Bayside Fire Station for a Regional Fire
Training Center. The attached contract is a result of those
negotiations. The contract provides for an earnest money amount and a
donation amount. The balance of the contract will be incorporated
into a promissory note between the parties. The concept is that money
for this acquisition will come from the Service District's fund
balance account and a fund of the volunteers.
The contract also allows the seller an option to acquire borough land
in place of receiving any portion of the purchase price.
FISCAL NOTES
[X] N/A Expenditure Amount
Required $190,000 Budgeted
APPROVAL FOR AGENDA:
Mayor
RECOMMENDED ACTION:
Approval of land acquisition for Fire Service District One and
authorizing Mayor to sign land purchase documents.
Kodiak Island Borough
AGENDA STATEMENT
of: April 15, 1993.
ITEM TITLE:
Reconsideration of Resolution No. 93-12.
at
SUMMARY STATEMENT
ITEM NO. ll.A.
On April 9th, Assemblymember Austerman called the clerk to file reconsideration
of the vote taken on Resolution No. 93-12.
Assemblymember Austerman filed the notice by telephone before 5:00 p.m. the
day following the meeting where the vote was taken, according to code. He
had voted on the prevailing side. Assemblymember Hancock supported him.
Attached is the signed notice or reconsideration and code regarding reconsideration.
FISCAL NOTES
(X] N/A Expenditure Amount
Required Budgeted
APPROVAL FOR AGENDA:
Mayor
RECOMMENDED ACTION: Move to reconsider Resolution No. 93-12.
(If the motion to reconsider passes, the motion to adopt Resolution No. 9.s-12
is before the assembly.)
Introduced by: M/rtment
Requested by:
Zoning
Drafted by:
Development Introduced: Failed:
KODIAK ISLAND BOROUGH
RESOLUTION NO. 93-12
A RESOLUTION DIRECTING THE EXCHANGE OF KODIAK IS AND BOROUGH
PROPERTY IN MONASHKA BAY (WITHIN T27S R20W SE ION 13 AND 14)
AS PARTIAL COMPENSATION FOR LAND RECENTLY PCQUIRED BY THE
KODIAK ISLAND BOROUGH (LOT 1A -1A-2 BLOCK 5 MIL R POINT SUBDIVISION)
IN ACCORDANCE WITH KODIAK ISLAND BOROUGH CODE 18.80
WHEREAS, the Kodiak Island Borough Plannin and Zoning Commission has
recommended that the Kodiak F Borough Assembly dispose of a
parcel of property, not exceedin10) acres in size, in the Monashka
Bay area; and
WHEREAS, evidence of marketable titl to the properties involved has been
established; and
WHEREAS, conceptual approval to Ater into exchange negotiations has previously
been given to the ma r by the assembly;
NOW, THEREFORE, BE /RESVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: The Kodiaorough real property to be exchanged is no longer
required foal purposes.
Section 2: Thema or, or his designee, is directed to consummate the exchange in
a ma er and by terms established in the previously approved exchange
agr ment.
Kodiak Island Borough, Alaska Resolution No. 93-12
Page 1 of 2
2.17.070
O. A motion to reconsider may be applied to any ordinance, resolution, or action of
the assembly and has precedence over all motions except the motion to adjourn. An
assemblymember may make a motion to reconsider only if:
1. The assemblymember voted with the prevailing side on the question to be
reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to
reconsider, was not adopted on initial consideration because it did not receive the required
number of "yes" votes, then those assemblymembers voting "no" shall constitute the prevailing
side, regardless of the relative number of "yes" and "no" votes cast on the question. An
assemblymember who changes his vote in accordance with these rules shall be a member of the
side on which his vote is finally recorded by the clerk; and if
2. The assemblymember makes the motion to reconsider on the same day and
at the same meeting at which the vote to be reconsidered was taken. Such a motion for
reconsideration requires a two-thirds vote to carry; or if
3. Two assemblymembers file with the clerk, not later than five p.m. on the
first borough business day following the day on which the vote was taken, a notice of intent to
reconsider and then makes the motion to reconsider at the next regular assembly meeting. The
assemblymember can file by telephone provided that the notice of intent to reconsider is signed
before the motion is considered. Such a motion for reconsideration requires a majority vote to
carry. An assembly meeting which is recessed and reconvened on a different day shall constitute
one meeting. The reconvened session of such a meeting shall not constitute the "next regular
assembly meeting" as that term is used in this section.
Only one motion to reconsider shall be entertained on any ordinance, resolution or other
action even if the assembly overturns the original action. If a motion to reconsider a particular
ordinance, resolution, or other action fails, a second motion to reconsider the same action shall
not be in order.
P. A motion to rescind may be applied to any previously adopted ordinance,
resolution, or action of the assembly except:
1. When the question could be reached by a motion to reconsider; or
2. When something has been done, as a result of the vote on the main motion,
that is impossible to undo or persons have otherwise reasonably relied on the vote to their
detriment. (The unexecuted part of an action, however, can be rescinded); or
3. When the matter is in the nature of a contract, and the other party has been
informed of the vote; or
4. When a resignation has been acted upon, or a person has been elected to
or expelled from membership or office, and the person was present or has been officially
notified of the action.
A motion to rescind may be made at any subsequent assembly meeting and there is no
time limit on when -the motion can be made. A motion to rescind shall not be renewed during
the same meeting at which it was made, but it may be reconsidered in the same manner as any
other main motion.
2-16 (KIB 1/93)
Supp. N4
RECONSIDERATION AFFIDAVIT
I, Alan Austerman, having voted on the prevailing side, file
my intent to propose reconsideration of the vote taken April 1,
1993, on Resolution No. 93-12 Directing the Exchange of Kodiak
Island Borough Property in Monashka Bay (Within T27S R20W Section
13 and 24) as Partial Compensation for Land Recently Acquired by
the Kodiak Island Borough (Lot 2A -1A-2, Block 5, Miller Point
Alaska Subdivision) in Accordance with Kodiak Island Borough Code
18.80 Exchange of Real Property.
DATED at Kodiak, Alaska, this (n to a of 07Pri'l 1993.
ALAN AUSTERMAN
SUBSCRIBED AND SWORN to before me this 1p� day of
Q 1993.
,,.p'F 0A�`` .T
OYWA^- � /�/✓✓UTA/
DO NA ��iotary Public In and For Alaska
NOTARYPUBCt�-My Commission Expires: 199y
KODIAK ISLAtQ
My Comm. Expires: lunpct
I, Suzanne Hancock, file my intent to propose reconsideration
of the vote taken April 1, 1993, on Resolution No. 93-12 Directing
the Exchange of Kodiak Island Borough Property in Monashka Bay
(Within T27S R20W Section 13 and 24) as Partial Compensation for
Land Recently Acquired by the Kodiak Island Borough (Lot 2A -1A-2,
Block 5, Miller Point Alaska Subdivision) in Accordance with Kodiak
Island Borough Code 18.80 Exchange of Real Property.
DATED at Kodiak, Alaska, this
,SUBSCRIBED AND SWORN
Q 1993.
OFFICI.a SIAL
TKARY
DONNA '.SMITH
PUBLIC — ALASKA
DIAK ISL"t UCor^. m. Expire:: lune 7, 1994
�_`Gday of 1,
fi[%1SIF
di
SLI;
OCK
to before me this day of
NNbbtary Public In and Fo Alaska
My Commission Expires: 7 g9y
FIILED with the Kodiak Island Borough Clerk this 6t-4 day of
1992.
'-Donnda F. Smith, Borough Clerk
Kodiak Island Borough
AGENDA STATEMENT
Meeting of: April 1, 1993
ITEM NO. 12.11.1.
Resolution No. 93-12
ITEM TITLE: Exchange of real property, in accordance with KIBC
18.80, of an unsubdivided parcel of Borough land no larger than
ten (10) acres in Monashka Bay (within T27S R20W, Sections 13
and 24), as partial compensation for land recently acquired by
the Borough (Lot 2A -1A-2, Block 5, Miller Point Subdivision).
SUMMARY STATEMENT:
This request for the exchange of Borough property was review by
the Planning and Zoning Commission at the February 17, 1993
regular meeting. During the discussion of the case the
Commission expressed concerns about the need to have a land
management policy in place to help guide decisions like the one
in this case.
The Commission also expressed concern about the need to plan for
land exchanges and disposals in order to maximize the benefit of
exchange, disposal or retention of Borough land for the residents
of the Kodiak Island Borough.
After considerable discussion the Planning and Zoning Commission
resolved that the disposal of a parcel of land along Monashka
Bay, no larger than ten (10) acres in size, by exchange to an
individual, in accordance with Chapter 15.90 of the Borough Code,
is hereby recommended for approval by the Kodiak island Borough
Assembly.
The Commission acknowledged the information contained in the
staff reports related to this request in fulfillment of the
requirements of KIBC 18.80 A. and B. Please see the attached
information, particularly the memorandum from Bud Cassidy dated
February 8, 1993.
FISCAL NOTES
[ ] Expenditure Account
Required General Fund
APPROVAL FOR AGENDA:
Mayor:
RECOMMENDED ACTION:
Move to adopt Resolution 93- 12 .
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CASE 93-015
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The motion was seconded and CARRIED by a roll call vote of
6-1. COMMISSIONER BONNEY voted no.
C) Case 93-016. Planning and Zoning Commission review of a
exchange of property to an individual, in accordance with
Chapter 18.80 of the Borough Code, of an unsubdivided parcel
of land no larger than ten (10) acres in size, located in
Monashka Bay, as partial compensation for land recently
acquired by the Kodiak Island Borough. Within T27S R20W,
Sections 13 & 24. Monashka Bay.
DUANE DVORAK indicated 10 public hearing notices were
mailed for this case and none were returned. Staff
recommended that if the Commission felt the land trade is
appropriate, the request should be forwarded to the Assembly
with a recommendation of approval.
Regular Session Closed.
Public Hearing Opened:
Mark MaJdic appeared before the Commission and expressed
support for this request.
Robin Heinrichs appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER FRIEND MOVED TO ADOPT the followinb
resolution containing a recommendation to the Borough
Assembly regarding the land disposal reviewed by the
Commission in Case 93.015.
Now Therefore, be It resolved by the Kodiak island
Borough Planning and Zoning CornmLsston,
That. the disposal of a parcel of land along
Monashka Bay, no larger than ten (10) acres in
size, by exchange of property to an individual In
accordance with Chapter 18.80 of the Borough
Code. is hereby recommended for approval by the
Kodiak Island Borough Assembly.
There was discussion among the Commissioner concerning
planning for future Borough land disposals in the Monashka
Bay area. There was concern about the implications this
decision could have, and about making a general
recommendation to the Assembly without doing a more
thorough investigation and planning for the overall future land
use in this area.
The motion was seconded and CARRIED by a roll call vote of
4.3. COMMISSIONERS PETERSON, KOPLIN and ASPGREN
voted no.
P & Z Mfnutr : rebruvy 17. 190.7 Page 5 of 14
Kodiak Island Borough
M E M O R A N D U M
DATE: February 8, 1993
TO: Duane Dvorak CDD
FORM: Bud Cassid ource
SUBJ: Item for the February
Manager
17, 1993 P&Z Meeting
re: Case 93-015 P&Z review of an exchange of Borough
real property in accordance with RIBC
section 18.80. Exchange involves up to 10
acres of RIB land in the Monashka Bay
Area for private land acquired for fire
training center. RIB/Majdic.
INTRODUCTION
This case is the review of the second half of a land trade
between Mark Majdic and the Kodiak Island Borough/Sqn!p9ge Fi�E
District No. 1. Specifically, this case reviews the
disposal of a piece of Borough real property to Mr.
Majdic. The Borough has already acquired a parcel previous
owned by Mr. Majdic (KIBC 18.10.030 allows the Borough
Assembly to acquire real property without review by the
Commission for specific projects and purposes) but to
dispose Borough land, as in this request, requires review
by the Commission.
LAND EXCHANGE/CONTRACT
On November 20, 1992 the Assembly approved the concept of
an exchange of a combination of Borough land and money for
a parcel of privately owned land. The Borough and Mr.
Majdic have entered into a contract to forma ize this
agreement. Specifically, the Borough/Sa=w*",;P District
would purchase a 46,722 square foot parcel from Mr.
Majdic. In exchange for this private parcel, Mr. Majdic
would receive cash at 8% interest. As an alternative to
receiving cash, the contract also allows for the
acquisition of Borough land or a combination of land and
cash.
Case 93-015
P&Z rev of disp
Page 1 of 3
MONASHXX BAY LAND
Mr. Majdic has now identified land in the Monashka Bay
area that he is interested in acquiring as part of the
exchange. Borough staff is working to determine the exact
boundary and value of the land. The Borough Assessor
estimates that we are talking about a parcel in the range
of 5-10 acres in size.
But before staff proceeds much further, the Commission has
an important role in this process as the authority to
review Borough land disposals. The Commission's role in
accordance with KIBC chapter 18.80 has the authority to
recommend approval, denial, or modification of disposing
this parcel to the Assembly.
ANALYSIS
A. Title
The Borough received tentative approval "(TA)" to this
parcel in 1981. A TA is a conveyance process where the
state of Alaska has effectively transferred ownership of a
parcel without issuing a patent (deed). A patent will only
be issued after a boundary survey of the entire selection,
performed by the Borough in accordance with state
standards, is approved by the state.
Because of the burden the state has place on boroughs to
perform a boundary survey prior to issuing a patent,
Section 29.65.070(b) of the Alaska State Statues permits
boroughs the ability to dispose of TA'd property only with
the approval of the state. (We are pursuing this
approval). The Borough has disposed of land in Womens Bay,
Chiniak and on Raspberry Island in this manner. The state
is concerned that all parties are aware of any conditions,
encumbrances, or covenants that have passed with the
transfer of the land. The state is also concern that the
parcel scheduled for disposal is in fact TA'd property.
In this particular case the state has reserved a 50 foot
public access easement along the coast. This easement runs
inland 50 feet from the mean high tide line. This
reservation is a standard condition attach to all land
held by the state. It is required by state statute. The
state has also retained what is called "section line
easement." These easement were retained along all section
lines for future road access. Because a road is already
constructed, the state will consider removing this
condition.
Case 93-015
P&Z rev of disp
Page 2 of 3
B. Alternatives
Aside from the parcel the Mr. Majdic has identified in
this request, there are a number of other options
available to satisfy the contract. One is a straight cash
transaction between the parties. That is the Borough will
pay cash for the lot acquired from Mr. Majdic. If all else
fails and the acquisition of land is not possible, the
Borough will pay cash for the parcel.
Secondly, though Mr. Majdic has selected land in Monashka
Bay, there is no guarantee that the Commission or Assembly
will approve the concept or that some other factor may
preclude the transfer. There are other lands owned by the
Borough that may be of interest to Mr. Majdic. The concept
of other available options has not been explored to any
degree.
C. Future Disposals
From a land management point of view, land in the Monashka
Bay area that will not be retained for public purposes or
due to its physical condition is sensitive land, should be
considered for future disposal. This point is especially
relevant due to the fact that the City of Kodiak has
recently redefined the watershed boundaries based on
survey information. The boundary now rightfully traverses
from ridge to ridge. This exercise has excluded lands that
were formerly thought to be included in the watershed
boundary. With the recent survey it was determine that
there is substantial land outside the former watershed
boundary.
Should the parcel Mr. Majdic has identified be disposed,
the configuration of the parcel should fit into a larger
overall subdivision. A single lot can be created for the
purposes of this exchange, but there should be
consideration about how this lot is designed so that it
does not interfere with the configuration and future
disposal of adjacent lands because of an odd shaped lot
line.
Case 93-015
P&Z rev of disp
Page 3 of 3
(c) The balance of the purcha a price, in the
amount of One Hundred Sixty -Nine Thousand Six Hundred Twenty -
Five and N0/100 Dollars ($169,625.00), shall be evidenced by
a promissory note, and shall include the following terms:
(i) the unpaid principal balance of the
promissory note shall bear interest at the rate of
eight percent (88) per annum from and after the
date of closing;
(ii) interest and principal shall be paid
in full within ten (10) days of receipt of a
written demand for payment from the Seller,
provided, however, that the entire balance of
principal and interest shall be paid in full within
two years from the date of closing; and
(iii) the Seller retains the option to propose
an e=hange of real property pursuant to Kodiak Island
Borough
Code Chapter 18.10
in lieu of payment of
any
portion
of the balance of
the purchase price.
Any
exchange must be completed within two (2) years from the
date of closing. Any exchange is subject to the approval
of the Planning and Zoning Commission and the Borough
Assembly, pursuant to the provisions of KIBC
Chapter 10.80.
The Premises are sold and are
now to be conveyed subject to:
Comm r rs sus or went YOMM
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Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 9%15.6340
PHONE (907) 466.5736
January 14, 1993
Rick Thompson
Regional Manager
Division of Lands
Department of Natural Resources
P.O. Box 107005
Anchorage, Ak. 99510-7005
Dear Mr. Thompson,
re: conditional approval to dispose Municipal selected
Land in accordance with A.S. 29.65.070(b)
ADL 55996
The Kodiak Island Borough is interested in disposing up to
10 acres of tentatively approved land in a portion of
sections 13 & 24 T27S, R20W SM as depicted in the enclosed
map.
This land was approved for municipal selection in a
decision document dated May 4, 1992.
The Borough is disposing this parcel in exchange for a
parcel of private land adjacent to the Borough's fire
station. The Borough is proposing the construction of a
fire training center on this newly acquired lot.
Should you have any question, please contact me at
486-9302.
Sincerely,
Bud Cassidy
Resource Manager
cc: Jerome Selby, Mayor
K-994
¢ 29.65.070 MUNICIPAL GOVERNMENT ¢ 29.65.070
—158—
necessary to determine the type and amount of equal value replace-
ment land that would be required to obtain the board's concurrence,
and shall propose the replacement land for consideration by the board.
The replacement land shall thereafter be managed for the purposes for
which the land selected by the municipality was acquired by the
Territory and State of Alaska.
(e) The notice provisions of AS 38.05.945 apply to the designation of
other general grant land as school, university or mental health land
in replacement of land selected under this section. The provisions of
AS 38.50 do not apply to such designations under this section.
(f) For purposes of determining the per capita entitlement under (a)
of this section, the population of a municipality shall be the
population determined by the commissioner under former AS
43.18.010 for the program year beginning July 1. 1978, for a
municipality whose entitlement was determined under former AS
29.18.201 or 29.18.202. (¢ 17 ch 74 SLA 1985)
11116
Seo. 29.65.070. Selection and conveyance procedure. (a) If
land selected by a municipality is unsurveyed at the time of approval.
n U�
the direcWr shall survey, or may approve the municipality's survey of.
,aJ
the exterior boundaries of an approved selection without interior
subdivision, and shall issue patent in terms of the exterior boundary
survey., The coat of the survey shall be borne by the municipality. If
land selected by a municipality has been surveyed at the time of its
selection, the boundaries shall conform to the public land subdivisions
established by the approved survey.
')
(b) The diteeter may approve municipal selections of land that have
been tentatively approved or patented to the state by the federal
government btA;nW not issue patent W a municipality until the land
hae frost baaa patented W the state. After approval of a selection by
the director, but before patent to a municipality, the municipality may
&=am-adnditional butes and make conditional sales only with the
commo:af thidieetxor. Conditional sales and conditional leases made
before July 1, 1978, do not requi-e the consent of the director.
W I Q
(c) Nothing in this chapter affects a valid existing claim, location.
or entry under the laws of the state or the United States whether for
homestead. mineral, right-of-way, or other purposes. Nothing in this
chapter affects the rights of an owner, claimant, locater, or entryman
to the full use and enjoyment of the land so occupied. is 17 ch 74 SL a
1985)
—158—
Kodiak Island Borough
Public Hearing Item VI -C
MEMORANDUM
DATE: February 9, 1993
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the February 17, 1993 Regular Meeting
CASE: 93-018
APPLICANT: Kodiak Island Borough
REQUEST: Planning and Zoning Commission review of an exchange of
property to an individual, in accordance with Chapter 18.80 of
the Borough Code, of an unsubdivided parcel of land no larger
than ten (10) acres in size, located in Monashka Bay, as partial
compensation for land recently acquired by the Kodiak Island
Borough.
LOCATION: Within T27S R20W, Sections 13 & 24, Monashka Bay
ZONING: C --Conservation
Ten (10) public hearing notices were mailed on February 1, 1993.
Date of Site Visit:
BACKGROUND
February 3, 1993
The purpose of this case is to review the possible disposal of Borough land to
an individual as partial compensation for land acquired by the Kodiak Island
Borough. This review is related to the recent acquisition and rezone by the
Borough of Lot 2A -1A-1, Block 5, Miller Point Subdivision, which is adjoining
-the Bayside Fire Station. This rezone of land to PL --Public Use Land zoning
was reviewed by the Planning and Zoning Commission in November, 1992
(Case 92-037).
The parcel of land requested in this case is an unsurveyed, unsubdivided
parcel of land located along the shore of Monashka Bay near the end of
Monashka Bay Road.
Issues of land value have not yet been determined by the Borough Tax
Assessor. The estimated size of the land to partially repay the land
acquisition costs is estimated to be between 5 and 10 acres. A map has been
Case 93.015 Page 1 of 12 P & Z: February 17, 1993
Public Hearing Item VI -C
prepared by the Borough Drafting Technician to show the approximate
location and size of the subject land.
COMPREHENSIVE PLAN
The Monashka Bay area is not specifically addressed in the original 1968
Kodiak Island Borough Comprehensive Plan. There are references contained
in the plan that indicate that an extension of Monashka Bay Road to Otmeloi
Point is anticipated in the future to provide road access for the community of
Ouzinkie. The purpose of this extension would provide for better access
between Kodiak and Ouzinkie and would make the extension of electrical
service from the existing Kodiak Electric Association system more cost
effective. According to the plan, the road extension would also increase
opportunities for development of scenic overlooks and recreational
development along the proposed road.
This area is specifically referenced in the 1985 Monashka Bay Comprehensive
plan. The site considered for disposal is primarily designated for business
development, although the site could include some area to the north that is
undesignated in the plan, depending on the size of the disposal.
The Monashka Bay Comprehensive Plan recommends the following standards
for business development:
1. Create a new business district that is primarily for "neighborhood
commercial uses." services which meet the needs of the local residents.
2. Require all business to provide a buffer (preferably natural) adequate to
mitigate the sight and noise of the business use.
3. Create a new "rural business" district that allows the business owner to
have a single-family dwelling on the lot.
The Monashka Bay Comprehensive Plan recommends the following standards
for residential development:
1. lot areas not less than two acres in size unless public water and sewer
are available;
2. prohibit rural residential lots from being clear-cut by requiring that at a
minimum the standing timber and natural vegetation in the required
side yard and rear yard setbacks be preserved;
Caw 93-015 Page 2 of 12 P & Z: February 17. 1993
Public Hearing [tem VI -C
3. require residential subdivisions to dedicate useable acreage for
neighborhood parks;
4. require residential subdivisions (where appropriate) to dedicate public
access to and along the ocean, lakes, creeks, and streams.
The goals and objectives of the Monashka Bay Comprehensive Plan are
attached as additional background information.
ANALYSIS
The land may be somewhat constrained by the underlying geology. The
overburden appears to be relatively shallow in this area which would inhibit
the effectiveness of a typical on-site wastewater disposal system. In addition,
the underlying geology may make it harder to develop a reliable on-site water
system. The City of Kodiak has a water main running under the roadway
from the Monashka Bay reservoir to town. The water transported in this
system is untreated, however, and it is unlikely that business or residential
developments would be allowed to tap into the system.
The Monashka Bay area is a very desirable area to live, from an aesthetic
standpoint. The scenic values are very high. The recreational and wildlife
values are high as well. If this disposal is approved, the Monashka Bay area
could become an exclusive residential area, physical constraints
notwithstanding. Because the land has physical constraints, the future
density of development in this area will necessarily be low. At one dwelling
unit per five acres, a ten (10) acre parcel would provide adequate area for two
dwelling units. Once development occurs in the Monashka Bay area, staff
believes that the public will demand more land disposals in that area. If the
Commission believes that the disposal is appropriate, staff recommends that
the Commission view this disposal in the context of future land disposals and
subdivisions that are likely to occur in the area.
The Commission may also wish to consider this request in terms of a policy
on infill development. There is no Borough policy on infill development at
this time. Infill development is that development which occurs in existing
subdivisions where municipal services and utilities are already in place. Infill
development assists the provision of services and utilities by increasing the
tax base through new development. The provision of services is usually more
efficient because the new development shares in the maintenance of roads
and utilities which have already been constructed. The vacancy rate of
Case 93-015 Page 3 of 12 P & Z: February 17, 1993
Public Hearing Item VI -C
private land in Monashka Bay subdivisions is about 30 percent, according to a
recent water and sewer feasibility study. Land disposals outside of existing
subdivisions will increase public interest for cheaper undeveloped land. This
may focus development attention outside of existing subdivisions, thereby
reducing the ability of the existing subdivisions to become more efficient by
achieving an economy of scale.
In lieu of a policy on the issue of infill development, staff would find in much
easier to recommend a disposal of land within the existing subdivisions or at
least contiguous with the existing community.
The site is located well outside the existing fire service district that serves the
Miller Point area. It is possible that a tap could be made on the water main in
support of fire hydrants which do not require potable water.
Monashka Bay Road is a state road. Maintenance of the road includes
grading in the summer and snow plowing in the winter. Although the road
does receive attention in the winter to provide access to the water reservoir at
Monashka Creek, the road is not a high priority and is plowed only after other
high priority roads have been cleared.
The parcel under consideration is vegetated primarily with mature vigorous
Sitka Spruce. The topography is well suited to development providing good
access to the road and several level building sites overlooking Monashka Bay.
The parcel presently provides a recreational amenity to the public with
several trails across the site in addition to some undeveloped camping/picnic
sites. There is even an old squatter cabin located on the edge of the cliff'
overlooking Monashka Bay.
The zoning of the tract under review is presently C --Conservation. The C --
Conservation zoning district permits low density residential development with
a maximum density of one dwelling unit per five (5) acres. The zoning also
permits accessory uses, including outdoor storage of fishing gear and
agricultural uses. Resource extraction, lumber mills and sawmills and solid
waste disposal sites are three of the nine (9) uses that may be permitted by
conditional use permit in the C --Conservation zone.
There is no provision in Borough Code to limit the clearing of trees or
vegetation from the land.
Many people drive out the Monashka Bay road for fishing, hunting, recreation
and sightseeing trips. One of the benefits of this amenity is that it is so close
Case 93.015 Page 4 of 12 P & Z: February 17. 1993
Public Hearing Item VI -C
to town. At the present time there are no residential developments past Pillar
Creek. The Alaska Department of Fish and Game maintains a
watchman/supervisor dwelling at the Pillar Creek hatchery.
If this disposal is approved, greater demand for business and residential lots
in this area will be the likely result. If the Commission and Assembly believe
that business and residential development is compatible with the aesthetic,
recreational and habitat values of the surrounding area, then staff
recommends that a larger scale disposal be considered. The parcel requested
in this disposal could then be included in a planned subdivision.
KIBCMP APPLICABLE POLICIES
A review of the area under the applicable policies of the Kodiak Island
Borough Coastal Management Plan is provided below:
Residential Development
1. Location
In areas with poorly draining soils, development where feasible
shall be connected to a sewer line. Where this is not feasible,
onsite facilities shall be designed so as not to cause conditions
that will pollute rivers, lakes, and other water bodies, including
the ground water supply.
Consistent: Yes. An onsite wastewater disposal system is
required, in accordance with the applicable
Alaska Department of Environmental
Conservation regulations.
USE X71 t � . -
Green areas and open space shall be retained to the maximum
extent feasible and prudent when land is subdivided.
Consistent: Yes. The minimum lot area and setback
requirements of the C --Conservation zoning
district will insure that residential development
of the site will be adequately separated from
other uses that may develop in the area.
Case 93-015 Page 5 of 12 P h Z: February 17, 1993
Public Hearing Item VI -C
3. Access
New subdivisions or other residential developments on the
shoreline shall provide usable public access to and along the
shoreline, extending the length of the development, to the extent
feasible and prudent.
Consistent: Yes. While coastal access along the shoreline
does not appear to be feasible or prudent, there
is a 50 foot public shoreline access reserved to
the State of Alaska in the patent for this land.
Development shall not occur in hazardous areas such as
avalanche nunout zones, active floodplain, and high water
channels to the extent feasible and prudent. Siting, design, and
construction measures to minimize exposure to coastal erosion,
mass wasting and historic tsunami run-up shall be required to the
extent feasible and prudent.
Consistent: Not applicable. This site is not located in a
known hazardous area.
9 t.
Filling and drainage of water bodies, floodways, backshores, and
natural wetlands shall be consistent with ACMP Standards 6 AAC
80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats).
Consistent: Not applicable. This request does not involve
filling or draining of water bodies, floodways,
backshores or natural wetlands.
KIPCMP REVIEW
The Kodiak Island Borough Coastal Management Plan groups land within the
program boundary into three primary classifications, Development,
Development with Restrictions, and Conservation. The three classifications
are described as follows:
DEVELOPMENT AREAS
Case 95-015 Page 6 of 12 P & Z: February 17, 1993
Public Hearing Item VIL
Development areas within the Kodiak Island Borough Coastal
Management District are those areas where economic and coastal
development are overriding objectives and are not subject to constraints
created by geophysical hazards, biological resources, coastal habitat,
recreation, land ownership, coastal access, and air/water quality
concerns. Economic and coastal development are preferential uses for
these areas, within the bounds of appropriate federal, state and local
regulations.
DEVELOPMENT WITH RESTRICTIONS
Development with Restriction areas in the Kodiak Island Borough
Coastal Management District are identified where coastal development
may be subject to constraints created by biological resource needs,
geophysical hazards, coastal habitat, subsistence, recreation, land
ownership, coastal access, and air/water quality. No activities and
development should necessarily receive preferential status in
Conditional Development areas (for example, petroleum development
always preferred to recreation). Activities and development within
Conditional Development areas are subject to coordination with the
Planning Department and appropriate state and federal agencies. The
Coastal Management Program will identify potential constraints on
activities and development within Development with Restrictions areas.
CONSERVATION AREAS
Conservation areas in the Kodiak Island Borough Coastal Management
District have been identified based on overriding geophysical hazards,
biological resource, subsistence, recreation, and air/water quality
concerns. Activities and development within Conservation areas
should be limited to nonconsumptive, nonintensive human use
activities such as subsistence, recreation, and grazing (where
permitted).
Tables 4.17 and 4.18 (attached) show resource areas and volumes classified
as Development with Restrictions and Conservation, and the resource maps
and figures where they appear. Areas not classified as either are considered
Development areas.
CRITERIA FOR CONSISTENCY DETERMINATION
Case 98.015 Page 7 of 12 P h Z: February 17, 1993
Public Hearing Item VI -C
The Community Development Department will review proposed local, federal
and state actions for consistency by considering the following factors. These
factors will be used to determine whether the use or activity is a subject use,
proper or improper use, water -dependent or water -related„ satisfies the
district polices, and the relationship of the use or activity (as a guide) to the
resource management area classifications.
1. Identify the specific location of the proposed action within the coastal
zone.
2. Identify specific impacts of the proposed action on coastal resources,
including:
o Major changes in the manner in which land, water or coastal
resources are used;
o Major limitations on the range of uses of coastal resources; and
o Major changes in the quality of coastal resources
3. Identify if the following resource areas will be significantly affected
and use the management classifications for guidance in evaluating
the proposed action:
o Estuaries
o Lagoons
o Wetlands and Tideflats
o Exposed High Energy Coasts
o Anadromous Fish Streams
o High Density - Harbor Seal
o Cultural Sites
o Water Fowl Concentrations and Seabird Colonies
o Winter Habitat - Deer, Elk, and Goats
o Known and Suspected Bear Denning Sites and Intensive Use Areas
o Marine Wildlife Refuge Sites
o Coastal Erosion Areas/High Wave Energy Coastline/Tsunami
Runup Areas
Case 93-015 Page 8 of 12 P & Z: February 17, 1993
Public Hearing Item VI -C
o Landslide Areas
o Faults
o Recreation Resources
o Lands Selected, But Not Conveyed
o Subsistence Areas
4. Consistency with the policies spelled out in the Kodiak Island
Borough Coastal Management Program.
It should be emphasized that this process in no way precludes the need for
compliance with 1) the Borough Zoning Ordinance, Subdivision Ordinance,
Building Code, and other pertinent Borough land and water use controls; and
2) other applicable federal, state and local regulations.
Issues to be considered in evaluating this rezone request include:
Estuaries
This tract is located along an estuary designated in the Coastal Habitat
section of the KIB Coastal Management Plan. Future residential development
at this site will not significantly impact the estuary if wastewater disposal
systems associated with permitted development conform to Alaska
Department of Environmental Conservation Regulations. Coastal
development should minimize dredge and fill activities, discharge of effluents,
obstruction of circulation and fish passage, and shoreline alteration.
This tract is not located along a lagoon designated in the Coastal Habitat
section of the KIB Coastal Management Plan.
Wetlands and Tideflats
This tract is not designated in an area of wetlands and tideflats.
Exvosed High Energy Coasts
This tract is located along an area identified as exposed high energy coast. If
permitted development is constructed according the setback requirements of
Case 93.015 Page 9 of 12 P & Z: February 17, 1993
Public Hearing Item VI -C
the Kodiak Island Borough, the threat to residential development should be
minimized.
Anadromous Fish Streams
This tract is not located near an anadromous fish stream identified in the KIB
Coastal Management Plan.
High Density - Harbor Seal
This tract is not located in an area of high density harbor seal habitat.
This tract is located in an area identified as a cultural site eligible for the
National Register of Historic Places. Coastal developers should consult with
the State Archaeologist before siting and constructing development to utilize
proper mitigation measures.
Water Fowl Concentrations and Seabird Colonies
This tract is located along an area identified as a wintering area for waterfowl.
This area is not identified as a nesting and molting area. There are no major
seabird colonies in the vicinity of this tract.
Winter Habitat - Deer. Elk. and Goats
This tract is located in a low to medium density winter habitat area for deer.
Logging, industrial, and residential development should minimize habitat loss
to the extent feasible and prudent. Major construction should be scheduled to
avoid winter concentrations of game.
Known and Suspected Bear Denning Sites and Intensive Use Areas
This tract is not located near a known or suspected bear denning site. This
tract is not located in an intensive use area or along a fish stream attracting
seasonal concentrations of bears.
Marine Wildlife Refuge Sites
This tract is not located near a marine wildlife refuge site.
Case 93-015 Page 10 of 12 P & Z: February 17. 1993
Public Hearing Item VI -C
Coastal Erosion Areas/High Wave Energy Coastline/Tsunami Runug
Areas
This tract is not located in an area identified as subject to coastal erosion.
Wave energy along the shoreline is designated as high. This tract is located
in an area designated as historically subject to tsunami. The tsunami runup
of the 1964 Earthquake is estimated to be 20 feet. Most of the area identified
for disposal in this request is well above the elevation that is vulnerable to
tsunami runup.
Landslide Areas
This tract is not located in an area identified as susceptible to landslide in the
KIB Coastal Management Plan.
Faults
This tract is not located close to a geological fault. It is noted in the plan
however that the Kodiak Island Archipelago is, in general, a seismically
active area.
Recreation Resources
This tract is located between Pillar Creek beach, which is designated in the
KIB Coastal Management Plan as a proposed State recreation area, and the
end of Monashka Bay Road, which is designated as a wayside park by the
Kodiak Island Borough. There is clearly signs of recreational use of the site
being reviewed. There are several trails, scenic overlooks and several
undeveloped camp/picnic sites. The KIB Coastal Management Plan
recommends that proposed development in existing and potential recreation
areas should minimize impacts on recreation values and conflicts with
recreation use.
This tract has not been patented to the Kodiak Island Borough. The land is a
tentatively approved (TA) conveyance. A TA is a conveyance of land without
patent. The Borough has full and total management of the land. A boundary
survey of the State land selection must be completed before patent can be
conveyed. The Borough is required to obtain State permission prior to
disposing of TA lands.
Case 93.015 Page 11 of 12 P & Z: February 17, 1993
Public Hearing Item VI -C
Subsistence Areas
This tract is located in an area of subsistence/recreation hunting and fishing
by the residents of Kodiak as designated in the KIB Coastal Management
Plan. Coastal development should minimize impacts on subsistence
resources and habitats through facility siting, design, and construction
measures.
RECOMMENDATION
Staff recommends that the Commission forward this disposal request to the
Kodiak Island Borough Assembly only if the Commission believes that future
land disposals in this area are necessary and/or desirable.
APPROPRIATE MOTION
If the Commission believes that land disposals in the area around the parcel
requested for disposal are necessary and/or desirable, the appropriate motion
is:
Move to adopt the following resolution containing a
recommendation to the Borough Assembly regarding
the land disposal reviewed by the Commission in
Case 93-015.
Now Therefore, be it resolved by the Kodiak Island
Borough Planning and Zoning Commission,
That. the disposal of a parcel of land along
Monashka Bay, no larger than ten (10) acres in size,
by exchange of property to an individual, in
accordance with Chapter 18.80 of the Borough Code,
is hereby recommended for approval by the Kodiak
Island Borough Assembly.
If the Commission
Monashka Bay are
should be denied.
believes that land disposals in the area surrounding
not necessary and/or desirable, the preceding motion
Case 93-015 Page 12 of 12 P & Z: February 17, 1993
GOALS AND OBJECTIVES
Goals and objectives are the expression of the desires of a community. They
serve as the basis for decision—making and the formulation of a land use plan.
The following goals and objectives are derived from the public input received
during the planning process and responses from the community survey.
A. LAND USE GOAL: To work towards eliminating existing conflicts in the land
use patterns within the Monashka Bay area and to plan for low intensity
development that preserves the land use integrity of the residential areas and
concentrates commercial and industrial development in strategic locations.
Objective: Establish zoning patterns to ensure that land use types are
separated by natural and man—made boundaries that effectively
buffer potentially conflicting land uses from each other.
Objective: Maintain the scenic/secluded nature of Monaahka Bay residential
neighborhoods.
Objective: Promote the development of designated residential lots for
residential use only.
Objective: Discourage residential development that requires significant
amounts of extraction and fill.
Objective: Promote development that is consistent with the contours of the
land.
Objective: Designate areas for future residential development.
Objective: Promote zoning regulations as a method of implementing these
land use goals and objectives, and promote active zoning
enforcement.
Objective: Maintain the general pattern of existing land uses while
providing suitable land use areas for expected community
growth.
MBP/4-85
w.13 �
3
18 Lw t �4
B. PUBLIC LANDS GOAL: To provide adequate public lands for the future use of
the people of the Monashka Bay area and the Kodiak Island Borough in a manner
consistent with the rural lifestyle in the area and the need for public
facilities.
Objective: Designate and develop public lands for hiking trails, beach
access, beach/park areas, picnic areas, and a boat launch area
with clearly identifiable markers.
Objective: Acquire and develop neighborhood parks in existing residential
areas and require dedication of neighborhood parks in new
residential areas.
Objective: Identify and preserve historic sites and area landmarks.
Objective: Establish a trail system to include beach and stream access.
Objective: Protect present Monashka Bay watershed areas and allocate
public lands for future water and sewer needs.
C. PUBLIC SERVICES AND FIRE PROTECTION GOAL: To identify public service
needs and to promote the delivery of these services to meet the needs of area
residents (e.g., dog control. police protection, road improvement and
maintenance, and garbage removal).
Objective:
Objective:
Upgrade and maintain existing roads year-round to accommodate
local traffic.
Promote the highest available standards of fire protection for
all residents in the area.
MBP/4-8519 Z l 3
19
D. ENVIRONMENTAL GOAL: To ensure that the natural environment of the
Monashka Bay area is protected and enhanced by eliminating existing sources of
environmental degradation and to discourage future actions by private and
public entities that might adversely affect the environmental quality of the
Monashka Bay area.
Objective: Promote the conversion of the current Monashka Bay dump site to
an Alaska Department of Environmental Conservation approved
sanitary landfill site.
Objective: Designate and develop public access to all shorelines and
beaches currently in public ownership, when such access will
not conflict with adjacent privately owned and used property.
Objective: Require adequate protection for the watershed and water supply
sources of the Monashka Bay area.
Objective: Encourage and promote development through local and Borough
ordinances that enhance natural land forms, existing
vegetation, archaeological resources and other environmental
resources of the Monashka Bay area.
MBP/4-85 20
`' 3
18.80.010--18.80.030
Chapter 18.80
EXCHANGE OF REAL PROPERTY
Sections:
18.80.010 Real property subject to exchange.
18.80.020 Procedure.
18.80.030 Agreements to exchange real properties.
18 80 010 Real property subiect to exchange. A. Real
property acquired by the borough from the state may be exchanged
for real property of equivalent value owned by a person.
B. A request to exchange real property or interest therein
shall not be authorized if it is not in the borough's best
interest. (Ord. 78-7-0 §2(part), 1978.
18.80.020 Procedure. A. Real property considered for
exchange shall be reviewed by the planning and zoning commission.
The planning and zoning commission shall recommend to the assembly,
by resolution, their recommendations regarding the exchange.
B. The resolution shall set out:
1. The value or method for determining value of the
real properties to be exchanged by the borough and the real
properties to be received in exchange by the borough;
2. Evidence of marketable title of the real properties
to be exchanged;
3. Recommended terms and conditions of the exchange
including the responsibility for costs of surveys, appraisals,
title search, and agreement preparation;
4. Alternatives considered.
C. After receipt of the recommendations provided in
subsections A and 8 of this section, the assembly may find the
borough real property to.be exchanged is no longer required for
municipal purposes and direct the exchange be consummated in a
manner and by terse established by resolution, notwithstanding
other provisions of this title. (Ord. 78-7-0 §2(part), 1978).
18 nn nar0 Acreements to eaehanae real properties. Conceptual
approval say be given to the mayor by the assembly, to enter into
exchange nepotiations prior to receiving the planning and zoning
resolution required in Section 18.80.020. Any agreement reached in
the negotiations shall be in writing and then presented to the
planning and zoning coasission as required in Section 18.80.020 for
appropriate action. (Ord. 84-61-0 §10(part), 1984; Ord. 78-7-0
§2(part), 1978).
18-22 (KIB 1/91)
o`" f /b - P
CONTRACT FOR SALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY
THIS AGREEMENT, made and entered into the day and year
hereinafter last written, by and between KODIAK ISLAND BOROUGH, a
municipal corporation, of 710 Mill Bay Road, Kodiak, Alaska 99615,
("Buyer"), and MARK A. MAJDIC, a single man, of P.O. Box 4174,
Kodiak, Alaska 99615 ("Seller"). This contract is subject to the
approval of the Kodiak Island Borough Assembly under KIBC
18.10.010-040.
W I T N E S S E T H:
1. Sale. Seller agrees to sell to Buyer and Buyer
agrees to buy from Seller that certain parcel of land, with the
buildings and improvements on it, more particularly described as
follows:
LOT TWO "A" - ONE "A" - ONE (2A -1A-1), BLOCK
FIVE (5), MILLER POINT ALASKA SUBDIVISION,
containing 46,722 square feet, more or less,
according to the plat application pending with
the Planning Department of the Kodiak Island
Borough, located within the Kodiak Recording
District, Third Judicial District, State of
Alaska.
2. Purchase Price. The Buyer agrees to pay for the
Property the sum of Two Hundred Forty Thousand and No/100 Dollars
($240,000.00) as follows:
(a) $20,375 as earnest money on the signing of
this contract and approval by the Borough Assembly, by
check subject to collection;
(b) $50,000 by acknowledgement of receipt of
a donation of $50,000 from Mark Majdic to the Kodiak
Island Borough collected at closing; and
(c) The balance of the purchase price, in the
amount of One Hundred Sixty -Nine Thousand Six Hundred Twenty -
Five and No/100 Dollars ($169,625.00), shall be evidenced by
a promissory note, and shall include the following terms:
(i) the unpaid principal balance of the
promissory note shall bear interest at the rate of
eight percent (8%) per annum from and after the
date of closing;
(ii) interest and principal shall be paid
in full within ten (10) days of receipt of a
written demand for payment from the Seller,
provided, however, that the entire balance of
principal and interest shall be paid in.full within
two years from the date of closing; and
(iii) the Seller retains the option to propose
an exchange of real property pursuant to Kodiak Island
Borough Code Chapter 18.10 in lieu of payment of any
portion of the balance of the purchase price. Any
exchange must be completed within two (2) years from the
date of closing. Any exchange is subject to the approval
of the Planning and Zoning Commission and the Borough
Assembly, pursuant to the provisions of KIBC
Chapter 10.80.
3. Exceptions to Title. The Premises are sold and are
now to be conveyed subject to:
CONTRACT FOR SALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY - 2
of record;
and,
(a) reservations, restrictions and easements
(b) applicable zoning regulations and ordinances;
(c) real property taxes and assessments for
the current year.
4. Apportionments. The following items are to be
apportioned as of the date of closing:
(a) real property taxes for the year in which
the closing takes place;
(b) premiums on any policies of insurance
accepted by Buyer from Seller;
(c) rents, if such property is occupied by
tenants at the date of the closing; and,
(d) water and sewer charges.
5. Title. Within ten (10) days from the date this
contract is signed, Seller shall deliver to Buyer a Preliminary
Commitment for Title Insurance issued by a title insurance company
acceptable to Buyer or his attorney, showing that the title of the
Seller is good and marketable excepting only the items specified in
Paragraph 4 hereof. If there are defects in the title, the Buyer
shall notify the Seller in writing within fifteen (15) days after
receipt of the Preliminary Commitment for Title Insurance, and the
Seller, in good faith and with due diligence, shall proceed to cure
such defects.
CONTRACT FOR SALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY - 3
6. Rezoning and Subdivision Approval. This contract is
subject to approval by the Planning and Zoning Commission and the
Kodiak Island Borough Assembly of an application for rezoning the
property to the PL -Public Use Lands District, or such other
classification as will allow the use of the property as a fire
training facility. This contract is also contingent on the
approval of a subdivision application providing for the subdivision
of Lot 2A-lA, Block 5, Miller Point Alaska Subdivision, according
to Plat 91-19, by reducing the length of the northern boundary by
approximately 50.62, in order to create Lot 2A -1A-1 containing
46,722 square feet. In the event that the parties are unable to
obtain the rezoning and subdivision approvals referenced in this
paragraph, the Seller shall refund to the Buyer the earnest money
and any other funds paid on account of the purchase price, and this
contract shall be considered canceled.
7. Risk of Loss. The risk of loss or damage to such
property, until the delivery of the deed, is assumed by the
Seller.
8. Possession. Possession of the Premises shall be
delivered to the Buyer upon delivery of the deed. Time is of the
essence of this contract. The property shall be cleared of any
personal property and debris prior to closing.
9. Indemnification. The Seller shall forever protect,
save and keep the Buyer, its agents, officers and employees,
CONTRACT FOR SALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY - 4
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
directly or indirectly out of or in connection with the discharge
of oil or any other hazardous substance upon the property, or in
connection with the violation of any state or federal statutes or
regulations relating to environmental pollution or hazardous
substance release occurring on or before the date of delivery of
the deed as set forth herein.
10. Assessments. All assessments for local improvements
now liens or which may become liens prior to the closing, shall be
paid by the Seller.
11. Expenses. All of the costs of this transaction
shall be divided equally between the parties, including the fees
for a title report, title insurance, recording fees, the fees for
preparation and approval of a subdivision application, the
attorney's fees for preparation of final closing documents, and any
other expenses for a standard title company closing.
12. Deed. The deed shall be a warranty deed in
statutory form, proper for recording, and shall be duly executed
and acknowledged so as to convey to Buyer the fee simple of the
premises, free of all encumbrances except as herein stated.
13. Date and Place of Closing. The deed shall be
delivered upon receipt of the payment of the purchase price as
herein provided at the offices of Western Alaska Land Title
CONTRACT FOR BALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST HONEY - 5
Company, at Kodiak, Alaska, at a time set by mutual agreement of
the parties not later than March 31, 1993.
14. Default by Seller. In the event the Seller is
unable to convey title in accordance with the terms of this
contract, the Seller shall refund to the Buyer the earnest money
and any other funds paid on account of the purchase price, and
shall pay all costs incurred in preparing and securing Preliminary
Commitment for Title Insurance and all legal fees. Upon such
refund and payment being made, this contract shall be considered
canceled.
15. Default by Buyer. In the event the Buyer defaults
hereunder, any monies paid under this contract shall be retained as
liquidated damages; and in such event neither party shall be
further liable to the other and this contract shall be deemed null,
void and of no force and effect.
16. Surviving Covenants. No provision of this contract
survives the delivery of the deed except as expressly provided.
Acceptance of the deed shall be an acceptance of performance of all
of the obligations of the Seller hereunder except such as may be
expressly stated to survive the delivery of the deed.
17. Notice. All notices, payments or deliveries to be
made under this contract shall be effectively made if delivered to
either party in person or sent by certified or registered mail with
charges prepaid to the Seller or to the Buyer at the respective
address set opposite each signature of this agreement, or to such
CONTRACT FOR SALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY - 6
other address as either party from time to time may furnish in
writing to the other party.
18. Binding Effect. This contract shall extend to and
be binding upon the heirs, administrators, executors, successors
and assigns of the respective parties hereto.
19. Representation by Attornev. Seller expressly
understands and acknowledges that the law firm of Jamin, Ebell,
Bolger & Gentry, selected by Buyer to draft this agreement and
advise Buyer in regard to this transaction, exclusively represents
Buyer and Buyer's interests. Seller further acknowledges that he
has been advised to seek independent assistance of counsel
regarding this transaction, and, by executing this agreement,
Seller acknowledges that he has either sought independent
assistance of counsel or has elected to proceed with this transac-
tion without independent assistance of counsel.
20. Entire Agreement. This contract constitutes the
entire agreement between the parties.
21. Construction. This agreement shall be construed and
enforced in accordance with the laws of the state of Alaska. All
parties have had the opportunity to consult with their attorneys.
Accordingly, the rule of construction that a document is construed
most strictly against the drafter of the document shall not apply
in construction nor interpretation of this agreement.
CONTRACT FOR BALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY - 7
IN WITNESS WHEREOF, this contract has been signed, sealed
and delivered this li�7 day of November, 1992.
BUYER:
ADDRESS KODIAK ISLAND BOROUGH
710 Mill Bay Road
Kodiak, Alaska 99615
ATTEST:
onna Smith Borough Clerk'
ADDRESS
-L•:!SLi
By:
J46ome Selby, Ma
SELLER:
'Mark Maj
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the5�'�of November, 1992,
before me, the undersigned, a Notary Public in and for the State of
Alaska, duly commissioned and sworn, personally appeared JEROME
SELBY, to me known and known to me to be the identical individual
described in and who executed the within and foregoing instrument
as Mayor of the KODIAK ISLAND BOROUGH and acknowledged to me that
the same was signed in the name of and for and on behalf of said
municipality, freely and voluntarily and by authority of its
Assembly for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and official seal the day and year
last above written.
otary Public in nd for Alaska
y Commission Expires: 9-1 q.5
CONTRACT FOR SALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY - 8
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)ss.
THIS IS TO CERTIFY that on the a154 day of November,
1992, before me, the undersigned, a Notary Public in and for the
State of Alaska, duly commissioned and sworn, personally appeared
MARK MAJDIC, to me known and known to me to be the identical
individual described in and who executed the within and foregoing
instrument and acknowledged to me that the same was signed freely
and voluntarily as a free and voluntary act, with full knowledge of
its contents, for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and official seal the day and year
last above written.
IX
tary Public and for Alaska
Commission Ei res:
4702\339D.001
CONTRACT FOR SALE OF REAL PROPERTY
AND RECEIPT FOR EARNEST MONEY - 9
ITEM NO. 12.A.3.
Kodiak Island Borough
AGENDA STATEMENT
Meeting of: November 5, 1992 Contract No. 92-46
ITEM TITLE: Contract Award - Baler Strapping Wire
SUMMARY STATEMENT
Bids were solicited for 40,000 pounds (Annual Supply) for the purchase of Baler
Strapping Wire. A bid tabulation sheet is attached for your review.
Apparent low bidder is Davis Wire Corporation. Recommend to award the contract
for the purchase of 40,000 pounds of Baler Strapping Wire to Davis Wire Corporation
of Kent, WA in an amount not to exceed $15,736.00.
FISCAL NOTES
[I N/A Expenditure Amount
Required $15.736.00 Budgeted $15,736.00
APPROVAL FOR AGENDA:
Mayore�&� '
RECOMMENDED ACTION:
Move to award Contract No. 92-46 to Davis Wire Corporation of Kent, WA
in an amount not to exceed $15,736.
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