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USS 1672 TR A-2B LARSEN ISLAND - Property Card• _ �1�DrrJ 1- r r C? 1-/ - LAG_ D•CF2 -1 a7 /Uv.) - wtic� taeL -r CAe /N /6 X1( .1_sp?2o 196.0 . C--'.2_ei -7 _`t? /L /nJC, -- U nJ . PLL/(4) o o b_ &_)(7-,q2/0/2.. Cot) f L/ RooF,AiG . PLYI■1Cx30-__ . E4o J2-. (!U/i-LLS `_. CE / 4,1 6 .. O__.._ PL -cyna, NQ / -&-`-ccrk rc / 7 - 201c_ _ c. )0o. D .4547- , S`TO�c _ 6N O. A- N 0 Cow / 'J.6) S..1 3/til, . _' 5, CA T3c,�,C T A -PPe q / 96S c2.. >e: 2/1.miG -r.c„v -- - W God C ?' ? - /Ai s ,N6-)c6 C(jv.Sk) 1C.(14.L.e4) Roo ,t/3g�8 7 7v� 7(0 _ G_/2)1°113 4//8-78 /o Sao /N7-2( (31 _ rL -dCa2 S _ SCS �G I '�l �' Ay,/ rN6 /— v im. 3c••,_�7 _ C.vnc►D_ te)cHT_. S �'0�6 _ __ -!�f 0,...?4.cA!424,,/ ) -- /2X /2_ -Pl yr_.00(1.) S _ .. ter o f'Ef\ -r S>,t p 7 , L r r.l ` GSA IG e-aU2 l'%'J ,--s ,.,� . c.. Ar_rPe-e4 02_ C oNS7 • r_t�5 59185 -- - ALAN L. SCHMITT ATTORNEY AT LAW ADMITTED TO ALASKA BAR JAMIN SCHMITT ST. JOHN • •worr000N•L COIWORATIOI ATTORNEYS AT LAW 323 CAROLYN STREET KODIAK. ALASKA 99615 July 24, 2006 VIA CERTIFIED MAIL - RRR Myrtle Margaret Olsen 3736 Gull Drive Kodiak, Alaska 99615 Gordon L. Jensen, Jr. 3701 Gull Drive Kodiak, Alaska 99615 TELEPHONE: (907) 4866024 FAX: (907) 486-6112 E -MAIL: al an@ j esmkod . mom FILE COPY RE: Illegal Subdivision of Tract A -2, U.S. Survey 1672 Our file 4702 -950 Dear Ms. Olsen and Mr. Jensen: My firm represents the Kodiak Island Borough. Under state law (AS 40.15.010) any proposed subdivision of land within our borough is to be submitted for approval to the Kodiak Island Borough. In relevant part, state law defines a subdivision as "the division of a tract or parcel of land into two or more Tots" (AS 40.15.900(5)(A)). On May 31, 2006, a quitclaim deed was recorded with the Kodiak District Recorder by which Ms. Olsen attempted to transfer title to a portion of Tract A -2, U.S. Survey 1672 to Mr. Jensen. However, because there was no subdivision of Tract A -2 approved by the Kodiak island Borough. this is an illeeal subdivision. For your reference, a copy of this three page document is enclosed. It will be better for all concerned if you resolve this without litigation. Hence, by this letter I am giving you thirty (30) days to present to the Community Development Department of the Kodiak Island Borough a preliminary plat of the proposed subdivision in accord with the borough code. Before doing this you should speak with staff in the Community Development Department to assure that your preliminary plat is in the appropriate form. You will also need to diligently pursue the final approval and recording of the plat. After that has occurred, you will need to prepare and record a corrected quitclaim deed which, in the legal description of the property, refers to the newly recorded plat. It may take more than thirty (30) days for you to accomplish each task. It is the intent of this letter to encourage you to begin the process promptly and then to pursue it diligently Letter to Myrtle Margaret Olsen and Gordon L. Jensen, Jr. July 24, 2006 Page 2 of 2 until all tasks have been accomplished. In the event you have not presented a preliminary plat to the borough's Community Development Department within thirty (30) days, I will assume that you have chosen not to do so. On behalf of the borough, I will then file a lawsuit against you to seek the injunctive and monetary relief mentioned in Kodiak Island Borough Code section 16.10.030, a copy of which is also enclosed. In all likelihood, the court will order you to properly subdivide Tract A -2. As alternative relief, the borough may ask the court for the authority to accomplish the subdivision along the lines of what was recorded in May (assuming it otherwise meets the borough's subdivision requirements) and award the borough a judgment against you for the penalty plus all costs and fees associated with doing so. In the event it is not possible to accomplish the subdivision, we will ask the court for an order declaring the May 30, 2006 quitclaim deed to be null and void as well as a judgment against you for the penalty plus all costs and fees. As part of the lawsuit and while it is pending, I will cause to be recorded a lis pendens. This lis pendens will basically be a lien on Tract A -2. Furthermore, any judgment obtained against you which will also be recorded and it will serve as a lien on ALL real property you may own in the borough. Lastly, relative to the lawsuit, Alaska law allows that prejudgment interest on the monetary award will start from the date of this demand. I trust that you will elect to avoid the threatened litigation. Again, I encourage you to do so. If you have any questions, please let me know. Sincerely yours, JAMIN SCHMITT ST. JOHN Alan L. Schmitt cc: Martin Lydick, KIB Associate Planner Rick Gifford, Borough Manager F:IWP\CLIENTS14 7 0 219 5 0 Olsen- Jensen Illegal Subd\letter olsen- jensen 1.wpd 16.10.030 -- 16.10.050 Final approval of the replat shall be obtained within six (6) months of the acquisition. The commission shall treat applications for replat made by state or local governmental agencies in the same manner as replat petitions originated by private land owners. E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. A person who knowingly violates this requirement is punishable upon conviction by a fine of not more than three hundred (300) dollars. F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of any plat or other entitlement approved under this title, and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin the violation. (Ord. 90 -15 §2 (part), 1990). 16.10.040 Alteration or replat petition. A recorded plat may not be altered or replatted except by the platting authority on petition of the state, the borough, a public utility, or the owners of a majority of the land affected by the alteration or replat. The petition shall be filed with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed alteration or replat. (Ord. 90 -15 §2 (part), 1990). 16.10.050 Waivers. No subdivision shall be approved by the borough except upon the submission of a plat prepared in accordance with chapters 16.40 and 16.50 of this title, except that: A. Pursuant to AS 29. 40. 090(b), the community development department director shall waive the preparation, submission for approval, and recording of a plat upon satisfactory evidence that the subdivision meets the following requirements. 1. the subdivision may divide a single lot into not more than four (4) lots. Each lot created by the subdivision must be five (5) acres or larger in size; 2. the subdivision must provide legal and physical access to a public highway or street for each lot created. For purposes of this section, practical access to a navigable waterway is equivalent to access to a public highway. A waiver applicant must demonstrate to the community development department director that proposed access can be constructed practically and economically from any navigable waterway to a building site that is consistent with Title 17 Zoning, of this code, requirements; 3. the subdivision may not contain or require the dedication of a street, right -of -way, or other area; 4. the subdivision may not require a vacation of a public dedication of land or a variance from a subdivision regulation; and 5. a waiver application must include a certificate by the clerk that all taxes assessed and due against the property and in favor of the borough have been paid in full. B. Application for a waiver shall contain a sketch depicting the lots to be created, the general location of the lots to be created (vicinity map), adjoining parcels, and proposed access. 16 -3 (KIB 06/2004) Supp. #40 44 • K 'Fa. gr d. TRACT A -2A "T. 01 ACRES '0,f� I "W TAX CERTIFICATE / hereby certify that, accard,ng to the records of the Kodiak Island Borough, al/ taxes assessed and due a- ainst maid /and and in for of the ff disk /s /end re paid in {colt. ����dd,, ,Alaska, ,his/ida of PLAT APPROVAL Kodiak /s /end Borongqh planning and Zoning Commisex>,r+ Rece/v 13 -2D Ve Approved 4- IE -2401S chard 4sr Diva KA• s Date 2( APr; I ,dA Thies is to certify Me within plat is duly approved in accordance with odrek /a /and Borough Municipal Cade Chisel L dry of / ,LO Borough Manager Borough C /el- /• i. r '�r •ate 11,-,) Comrnun/ � Data i1 �'Oi Development Director VICINITY MAP •JCALE•i••1 MILE OWNER.YI4IP AFFIDAVIT We hereby certify that we era the owners of the property shown and described hereon. hie hereby regueet approve/ of this plat. Late 4 zl Z"6B Late .21, IfIde NOTARY ACKNG/WLEDGINENT3 3 6s ibed and sworn to before me thisday of 1+ �raran, L • cjencen , i.A> rope : soaoov L. - ANUN.L J Eder& D14Cc My commission exp/res '47,..::::71.., 3 acr'bed and swvr /o be/,re me Nr/ cefda of ��� ' ,r /� to D� y �� IG lYtrairt t 111.441. r 1•cc. 1 \4,yfr OOP- P Y1,29 akar /R AM w.CZ aURVEYOa•A CEIR.TIFIGALES / hereby csrfify fh.t 1 am popar /y r.g.ster.d And lr.ensed to proefica /and surveying in /ha State of Alaska and the/ ihie plat nprosants a survey mad. by nvs or under my dr,aot 8Lprvis,on, and that the monuments shown hereon actually cast as shown, and that all dimensions/ and other date /ls areic;ornmot. Date ,, 2048 P.g/stered Lend Surveyor Registration Number 6-7T-v My eonvrnission empire. LEGEND • • /ti' die alumvwm cap on We dm rebel- set Wfrs survey. o•/ 'd•a a /um•nurn cep recovered 11 '! survey. P_E& P P FOP: OQ' DEN ✓ENSEIV 370/ Gut/ Drive , Kodiak ,A/sake 996/3 VACATION Of TRACT A- 2, U, S SURVEY /672 AMENDED, PL AT NUMDER 90 - 45 CREATING, TRACTS A- 2A and A -2B aasiheYFY /572 AA l.IDEL2 ON LARSEN /SLANG W1TI11W KOOIAK RECORDIN4 DISTRICT KODIAK ALASKA IID0.1LLW LAND SURVEYIIIG,IIIL pO. Box 4945 Kad/ak, A/aeks 9.96/3 DRAWN Tf 9, Aus/erman DATE 5cALi • /" • 200 fee r RGF. fi /e C..ENSEN / .0 \<- 1",