1989-70 Authorizing the Disposal by Utility Easement of Borough Land Adjacent to the Monashka Bay Dam for Less than Fair Market Value.A RESOLUTION AUTHORIZING THE DISPOSAL BY UTILITY EASEMENT
OF BOROUGH LAND ADJACENT TO THE MONASHKA BAY DAM
FOR LESS THAN FAIR MARKET VALUE
WHEREAS, Section 18.20.030A of the Borough Code requires the
review of each disposal of Borough real property by the Planning and Zoning
Commission; and
WHEREAS, Section 18.20.170 of the Borough Code defines "disposal"
as any transfer of real property; and
WHEREAS, Section 18.20.100B allows for property disposal at less
than fair market value to non - profit associations upon a finding that the
disposal will allow the use of the land for a public purpose beneficial to the
Borough; and
WHEREAS, the Kodiak Electric Association (K.E.A) has requested a
forty (40) foot easement across Borough land, legally described as a Portion
of Section 13, Township 27 South, Range 20 West, Seward Meridian, to
provide electrical service to the Monashka Bay Dam Reservoir; and
WHEREAS, the Planning and Zoning Commission has held an
advertised and noticed public meeting on the disposal; and
WHEREAS, the Planning and Zoning Commission has determined that
this proposal is consistent with the Borough Code, specifically Title 17
(Zoning) and the Kodiak Island Borough Coastal Management Program; and
WHEREAS, the Planning and Zoning Commission recommends that the
Borough Assembly authorize the disposal by easement of a partial Borough
interest on this property and allow K.E.A. to utilize the easement, to provide
electrical power to the dam's water pump station;
NOW, THEREFORE, BE IT RESOLVED, that the Kodiak Island
Borough Assembly finds it to be in the public interest to dispose a 40 foot
utility easement across Borough owned land for less than fair market value,
and authorizes K.E.A. to enter said easement to provide above - ground
electrical service to the Monashka Bay Dam subject to the following condition:
1. K.E.A. will submit a plat a K.E.A.'s expense identifying the route
of the easement and designate said easement as a public utility
easement.
ATTEST:
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Resolution No. 89 -R•
Page 1 of 2
By:
Introduced:
Adopted:
KODIAK ISLAND BOROUGH
RESOLUTION NO. 89 -70 -R
Mayor Selby
11/02/89
11/02/89
PASSED AND APPROVED THIS 2nd DAY OF NOVEMBER, 1989.
KODIAK ISLAND BOROUGH