1985-49 Convey a Five Acre Parcel of Land Back to the State of Alaska to Award a Preference Right to Bill Wynkoop.1
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F,
KODIAK ISLAND BOROUGH
RESOLUTION NO. 85-49-R
A RESOLUTION TO CONVEY A FIVE (5) ACRE PARCEL OF LAND BACK TO THE
STATE OF ALASKA TO AWARD A PREFERENCE RIGHT TO BILL WYNKOOP.
WHEREAS, the State of Alaska, Department of Natural Resources, has
adjudicated a preference right claim for Bill Wynkoop as provided in Alaska
Statute 38.05.035(b)(3); and
WHEREAS, Mr. Wynkoop has shown use and occupancy of the land prior
to 1959 and has resided on the land permanently since 1963; and
WHEREAS, because of the lack of a sufficient land survey and
reliable boundary markers, the State has consistently shown the claim to be on
State lands not selected by the Kodiak Island Borough; and
WHEREAS, Mr. Wynkoop has now caused his approved preference right
parcel to be surveyed and the survey locates the land to be within Section 12
of T32S, R22W, SM, on land tentatively approved to the Kodiak Island Borough;
and
WHEREAS, the State has brought this matter to the attention of the
Kodiak Island Borough, asking for the Borough to consider conveying the land
parcel in question back to the State for conveyance to Mr. Wynkoop or that Mr.
Wynkoop seek relief from the Borough for the land parcel; and
WHEREAS, it is not the intent of the Kodiak Island Borough to
deprive a qualifying applicant of land where the qualifying criteria have been
met, and through no intentional fault of the parties involved, the exact
boundary locations had not been determined; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission
recommends to the Kodiak Island Borough Assembly that the subject parcel being
surveyed as Alaska State Land Survey 84-82 be conveyed to the State of Alaska
for conveyance to Mr. Wynkoop, as provided in AS 38.05.035(b)(3); and
WHEREAS, the Commission further recommends that the Kodiak Island
Borough be given an equal amount of acreage of State land to compensate for
the acres conveyed. The substitute lands should come from proposed State
disposal lands on Woody Island, as can be negotiated with the State; and
WHEREAS, the Assembly finds that this disposal will allow the use ofl
the land for a public purpose beneficial to the Borough by providing an
opportunity for the Borough to acquire five (5) acres of land on Woody Island.
NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly
that the subject parcel being surveyed as Alaska State Land Survey 84-82 be
conveyed to the State of Alaska for conveyance to Mr. Wynkoop as provided in
AS38.05.035(b)(3) and that the Assembly requests that the Kodiak Island
Borough be given an equal amount of acreage of state land to compensate for
the acres conveyed. The substitute lands should come from proposed state
disposal lands on Woody Island, as can be negotiated with the State.
PASSED AND APPROVED this 2nd day of May , 1985
by the Kodiak Island Borough Assembly.
KODIAK ISLAND BOROUGH
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ATTEST:
Resolution 85-49-R
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