Loading...
BELLS FLATS BK 7 LT 14D-2 - Land Disposal (2)CONFORMED COPY. BOOK /05 PAG-E /7 EASEMENT AGREEMENT The Kodiak Island Borough,-pursuant to KIBC 18.20.100 and Kodiak Island Borough Assembly Resolution Number 90-24-R, dated April 5, 1990, hereby conveys and quitclaims to the Grantees, JEFFERY POVELITE and LESLIE SMITH, of P. 0. Box 2431; Kodiak, Alaska 99615, an easement for water well purposes including maintenance of the well for that certain real property located in the Kodiak Recording District, Third Judicial District, State of Alaska, and more particularly described in the enclosed Exhibit HAU. This easement shall be effective for a term of •thirty (30) years, commencing on the 1st day of January, 1991, and ending at midnight on the 31st day of December, 2021, unless sooner terminated as herein provided. This easement is for the personal use and enjoyment of the Grantees. This easement shall not run with the land and may not be assigned without written permission of the Kodiak Island Borough. In consideration for this grant, the Grantee shall pay to the Kodiak Island Borough the sum of $ 80.00 per year, payable on the first day of each calendar year during the term of this easement. Grantee shall indemnify the Kodiak Island Borough and hold it harmless from all claims, liabilities, damages, costs, or expenses, including attorney's fees, incurred in the defense of any action or proceedings relating thereof, arising from any activity, work, things done, permitted or suffered by the Grantees in or about the premises or arising from the negligence of the Grantees or any of their agents, contractors, employees, or residents. There shall be no alterations, additions, improvements, or repairs to the premises except by the Kodiak Island Borough or by the Grantees with the written permission of the Kodiak Island Borough. This easement may be terminated by the Kodiak Island Borough upon thirty (30) days.prior written notice of termination, delivered to the Grantees, at the address set forth above, upon the violation of any of the terms and conditions of this grant, upon the necessity as determined by the Kodiak Island Borough for the use of the entire road.right-of-way for roadway purposes, or for any other cause deemed sufficient by the Kodiak Island Borough. DATED this 4/day of December, 1990. KODIAK ISLAND BOROUGH By: me Selby, Mayor S• BOOK (017/14-2-el ,A4,2zit-4 BOROUGH CLERK. ,42 STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT ) dh THIS IS TO CERTIFY that on the or! - of December, 1990, 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, a municipal corporation, and known to me to be the person who executed the within instrument 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. 4702 \176D. 001 RETURN TO: KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK,. ALASKA 99615 EASEMENT AGREEMENT Page 2 of 2 Notary Public for Alamo. My Commission Expires: Gc= i�� ��! Rr+ua •����` ...: gyp' LEGAL DESCRIPTION AN EASEMENT FOR WATER WELL PURPOSES —1 LOCATED IN THE SOUTHERN PORTION OF THE ALDER LANE Z RIGHT —OF —WAY, ":.AS.- PORTRAYED IN THE "AS— BUILT" SURVEY PERFORMED BY ROY ECKLUND ,RLS DATED FEBRUARY 21,1990. X0KK /vim - F 1' r.L. ' t l i1 r Lam.• '_c 31 10 18 W90 REQUESTED /Mg �DORESS .6&70 cRserip. LroATED 20- 47,49,0 81.1* AawkwAparo 2. t4/ESC AL1olso J. fi ag Ac$tbto. ?4,£. `-' —3 AS - BUILT SURVEY • co 'aa 4'�,st 1 hereby certify that I have surveyed the fdloy.in described property: Lot /dd -2, block 7. P //5 hails A/ ka Aubd;vision . '/. 4.5vr-rzy Z5 39. Pitt no. OZ -.9, .tA�i 'k &GM/4V Dish -;cf, and that tht improvements situated thereon are within the property lines and do not oterlap'or encroach on the property lying adjacent thereto. that no improvements on property lying adjacent thereto encroach on the. premises In question and that there are no roadways. transmis- . lion lines or other tidbit easements on said property except as indi- cated hereon. Dated eh • 2� day • 1950 L. ROY A. ECKLUND • Regi d Land Surveyor Drawn by: 6. A's fume n I Date: EXHIBIT KODIAK ISLAND BOROUGH Regular Assembly Meeting April 5, 1990 A regular meeting of the Kodiak Island Borough Assembly was held April 5, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. The invocation was given by the Reverend Garry Oliver of the Community Baptist Church followed by the Pledge of Allegiance. There were present: Alan Austerman, Presiding Jack McFarland Tom Merriman Gary Stevens Bob Shuttlesworth Absent: Mary Monroe (Excused) Lorne White (Excused comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Duane Dvorak, Acting Community Development Director Gaye J. Vaughan, Borough Clerk APPROVAL OF AGENDA MCFARLAND, seconded by MERRIMAN MOTION CARRIED CONSENT AGENDA moved to approve agenda as submitted. Unanimous Voice Vote The items on the consent agenda were read aloud by the Borough Clerk. MCFARLAND, seconded by SHUTTLESWORTH, VOTE ON MOTION MOTION CARRIED Regular Assembly Meeting April 5, 1990 moved to adopt consent. agenda. Unanimous Voice Vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA Volume XIII Page 82 APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of March B. K.I.B. Assembly Meeting of March These items were previously approved under "Consent Agenda." CITIZENS' COMMENTS 6, 1990 . 15, 1990. the Presiding Officer Austerman presented John Parker, an assemblymember from October, 1988 to January, 1990, with a plaque in appreciation of his service and hard work on the assembly. A. Employee of the Month Acting Mayor Pat Carlson presented the Employee of the Month award to Don Lawhead, Supervisor of the Baler Facility. Don Lawhead thanked everyone who voted for him to be Employee of the Month. He stated there were some great recycling programs going on and invited anyone who was interested in recycling to join the recycling study group that meets on Tuesdays and Thursdays. He urged everyone to "THINK RECYCLE!" B. Agenda Items Not Scheduled For Public Hearing John Parker, resident on Sunset Drive, commended the assembly for their actions in providing ongoing information about the upcoming by -mail election to form a Charter Commission. He hoped the citizens of Kodiak would read the information about the Charter. Commission so they would be aware of all the issues involved. Chris Provost, Audubon Society representative, thanked the assembly for adopting an "Earth Day" resolution. He noted this was the twentieth anniversary of Earth Day and commended the borough for their lead not just with the recycling program but in protecting the land in numerous ways. C. Items Other Than Those Appearing on the Agenda None Regular Assembly Meeting April 5, 1990 CITIZENS' COMMENTS EMPLOYEE OF THE MONTH Volume XIII Page 83 COMMITTEE REPORTS Tom Bendel, P &Z representative, reviewed the three items on the agenda that dealt with land and said these items were supported by the, P &Z Commission. Assemblyman Merriman, borough representative to the Parks and Recreation Committee, reported that their goals and objectives and budget were nearly completed and following their next meeting, would be ready to present to the assembly. COMMITTEE REPORTS PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 90 -12 Defining Assembly Procedures for Reconsideration and Rescission. Presented for consideration was Ordinance No. 90 -12 which defined Assembly procedures for reconsideration and rescission of ordinances. STEVENS, moved to adopt seconded by MERRIMAN Ordinance No. 90 -12. The presiding officer called for public testimony, there being none, the assembly was reconvened Assemblyman Stevens explained this was a house keeping ordinance that the assembly had been working on to clarify the procedures for reconsideration which would require two members to favor reconsideration before the matter could be reconsidered. He said it was a matter of complying with Robert's Rules of Order and,using common sense. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Acting Mayor Carlson explained Mayor Selby was in Juneau and was expected to return to Kodiak on Friday. OLD BUSINESS None OLD BUSINESS NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None Regular Assembly Meeting Volume XIII April 5, 1990 Page 84 B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 90 -23 Authorizing the RESOLUTION Disposal of the Former Bureau of Indian NO. 90 -23 Affairs School in Port Lions to the City of Port Lions. This item was previously approved under the "Consent Agenda." 2. Resolution No. 90 -24 Authorizing the Disposal of Borough Property for Fair Market Value by Easement. This item was previously approved under the "Consent Agenda." RESOLUTION NO. 90 -24 3. Resolution No. 90 -25 Supporting Continued RESOLUTION Funding for the Alaska Legal Services NO. 90 -25 Corporation. This item was previously approved under the "Consent Agenda." 4. Resolution No. 90 -26 Establishing A Zoning RESOLUTION Enforcement Policy. NO. 90 -26 STEVENS, moved to adopt seconded by MCFARLAND, Resolution No. 90 -26. Assemblyman Stevens explained this resolution put into writing the borough's general enforcement policy. The enforcement policy had been reviewed by the Planning and Zoning Commission and they recommend it be approved. Assemblyman McFarland said this policy would continue the borough's policy of only responding to violations on a complaint basis. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 5. Resolution No. 90 -27 Supporting Senate Bill RESOLUTION 468 Relating to Duties of the Department of NO. 90 -27 Military and Veteran's Affairs and the Department of Environmental Conservation in Relation to Oil, Hazardous Substances, and Radioactive Material. MERRIMAN, moved to adopt seconded by MCFARLAND, Resolution No. 90 -27. Regular Assembly Meeting April 5, 1990 Volume XIII Page 85 VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 6. Resolution No. 90-28 Declaring April 22, 1990, Earth Day, NO. 90-28 .RESOLUTION This item was previously approved under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-15 Amending Title 16, Subdivision. This item was approved under the "Consent Agenda" and advanced to Public Hearing on May 3, 1990. ORDINANCE NO. 90-15 2.. Ordinance No. 90-16 Accepting a Department ORDINANCE of Education Grant and Authorizing Staff to NO. 90-16 Effect Certain Line Item and/or Project Level Changes in the FY 1990 Budget. This item was approved under the "Consent Agenda" and advanced to Public Hearing on May 3, 1990. 3. Ordinance No. 90-17 Prohibiting Smoking in ORDINANCE the Kodiak Island Borough Building. NO. 90-17 Presented in first reading was Ordinance No. 90-17 which would prohibit smoking in all areas of the K.I.B. building. MERRIMAN, moved to adopt seconded by MCFARLAND, Ordinance No. 90-17 in first reading and advance to public hearing on May 3, 1990. Assemblyman McFarland felt the assembly should either prohibit smoking in the borough building or not prohibit smoking but should not let other matters influence the decision. He alerted the public to the possibility of an amendment following the public hearing in May. Assemblyman Merriman concurred with Assemblyman McFarland's comments and thought an amendment would be in order. Assemblyman Stevens clarified the amendment would have to do with the date when the ordinance would take effect. Regular Assembly Meeting' April 5, 1990 Volume XIII Page 86 VOTE ON MOTION TO ADOPT IN FIRST READING MOTION CARRIED Unanimous voice vote 4. Ordinance No. 90-18 Providing Procedures ORDINANCE for Declaring and Filling Vacancies on the NO. 90-18 Assembly. Presented in first reading. was Ordinance No. 90-18 which provides procedures for filling vacancies on the assembly. MCFARLAND, seconded by SHUTTLESWORTH, moved to adopt Ordinance No. 90-18 in first reading and advance to public hearing on May 3, 1990. Assemblyman Stevens expressed concern about the assembly having to appoint a person to fill a vacant seat if thirty days remain in the term. STEVENS, seconded by MCFARLAND moved to amend Ordinance No. 90-18, Section B to read: "If less than ninety days remain in a term, the vacant seat shall not be filled." VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote VOTE ON MOTION TO ADOPT AS AMENDED IN FIRST READING MOTION CARRIED Unanimous voice vote D. OTHER ITEMS 1. Kodiak Island Hospital CT Scan Installation Contract Award. MERRIMAN, moved to approve seconded by SHUTTLESWORTH the installation and contract award for K.I.B. Hospital CT Scan. At Assemblyman Stevens' request, Ray Camardella, Director Engineering/Facilities Department, explained the original intent was to house the CT scan 'in a modular structure so it would be a self-contained Regular Assembly Meeting April 5, 1990 KODIAK ISLAND HOSPITAL CT SCAN . INSTALLATION CONTRACT AWARD Volume XIII Page 87 4 unit. He said after talking with hospital personnel about where the unit would be utilized, it became apparent the modular structure would be inappropriate for the application. He stated the cost for adding an addition to the hospital would be equal to the cost of installing the modular unit. For this reason, he recommended the modular unit not be procured and suggested looking at building an addition to the hospital to house the CR scan. He highlighted the discussions held with the hospital staff and noted the hospital's storage problem might be addressed at the same time. He said the Architectural Review Board recommended providing a storage unit outside the hospital and installing the CT equipment inside an existing storage room. He explained the three different options that had been considered. Mr. Camardella responded to questions from, assemblymembers about the different options. Mr. Salness, K.I.B. Hospital Administrator, explained the hospital had been continuously cited since 1986 for violation of fire codes, life safety codes, etc. throughout the building. He said the state deputy fire marshall had paid him a courtesy call in February and said he would return after July 1 and if he found violations, the hospital would be cited for the fifth time in a row. He explained that according to federal law if a hospital was cited five times in a row, they were required to start proceedings to revoke the hospital's medicaid /medicare licenses. The response regarding these violations, he said, had always been that the new hospital would take care of the problems. Mr. Salness stressed that five years of citations was as much as the "federal government • would allow. He said he would have to take the assembly's design recommendations back to the Hospital Advisory Board for approval and added that he was working against a time frame. He noted that if a separate storage building was built that it could be moved to the new hospital site and used for bulk storage., Mr. Salness responded to additional questions from assemblymembers.' Additional discussion followed among assemblymembers. STEVENS, seconded by MCFARLAND Regular Assembly Meeting April 5, 1990 moved to postpone to April 19, 1990 assembly meeting and request recommendation from K.I.B. Hospital Board. Volume XIII Page 88 VOTE ON MOTION TO POSTPONE VOTE ON MOTION Ayes: Noes: McFarland, Merriman, Shuttlesworth, Stevens, Austerman None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. B. MINUTES OF OTHER MEETINGS 1. K.I.B. School District Regular Meeting of February 26, 1990. 2. Architectural Review Board Meeting of July 31, 1989 3. K.I.B. Hospital Advisory Board Regular Meeting Minutes of February 14, 1990 and. February 28, 1990. REPORTS 1. K.I.B. School District Financial Report for February 1990. C. OTHER None CITIZENS' COMMENTS Patricia Miley, borough employee, spoke to Ordinance No. 90 -17 which would prohibit smoking in the K.I.B. building. She said there were 37 borough employees of which 13 employees smoked. She added that not all employees smoked in their office, and some preferred to smoke in the break room. She questioned what the assembly wanted employees to do when they were having. a "fit" and needed to smoke. She noted that individuals on various borough commissions which meet in the borough building also smoke. She thought there were other solutions that might be considered and requested the assembly to look at the issue from both sides. Regular Assembly Meeting April 5, 1990 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS Volume RIII Page 89 Tom Hendel said he neglected to bring out one point about the zoning enforcement policy and that was the enforcement program was directed toward the elimination of a violation and not the punishment of the violator. He said it was the philosophy of the regulation that public awareness be used in enforcement of the policy. He requested the assembly to direct staff to publish the pertinent points of the policy. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Merriman congratulated Don Lawhead on his Employee of the Month award and Tom Hendel for his recent election to the Kodiak Electric Association Board. Assemblyman Stevens responded to the city of Kodiak's half page advertisement about consolidation. He was concerned the city was playing with words and thought the facts should be faced. He felt maybe the problem was the involvement of an Anchorage advertising agency in writing advertisements for Kodiak. He said the city would not be dissolved as the advertisement indicated and explained the consolidation process. He stressed the public was not committing to consolidation in the May 1 election but committing to establishing a Charter Commission to write a charter. Assemblyman Austerman requested staff to look into new bulbs for the fixtures above the dias as he felt uncomfortably warm and said even the chairs were hot. He announced the assembly would be conducting town meetings at Womens Bay on Tuesday, April 10, at 7:30 p.m. and in the auditorium,pod on Wednesday, April 1, at 7:30 p.m. regarding the formation of the Charter Commission. Also, he said the assembly would hold a work session on Thursday, April 12, at 7:30 p.m. and a joint work session with the city council on Tuesday, April 17, at 7:30 p.m. The next regular assembly meeting would be Thursday, April 19, at 7:30 p.m. There being no further business to come before the assembly, the meeting adjourned at 8:37 p.m. ATTEST: rcZ011erk Regular Assembly Meeting April 5. 1990 ctd iding Officer Volume XIII Page 90 By: Mayor Selby ;ntroduced: 04/05/90 Adopted: 04/05/90 KODIAK,ISLAND BOROUGH RESOLUTION 90 -24 A RESOLUTION AUTHORIZING THE DISPOSAL OF BOROUGH. PROPERTY FOR FAIR MARKET VALUE BY EASEMENT WHEREAS, Section 18.20.030 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 transfers of .real property including easements; and, WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title'18; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public hearing on this disposal by easement; and, WHEREAS, the Planning and Zoning Commission has determined that this proposal is in compliance with Borough Codes, specifically Titles 17 and 18, and the Kodiak Island Borough Coastal Management Program. NOW, THEREFORE, BE IT RESOLVED by the Kodiak •Island. Borough Assembly that approximately twenty -five (25)-square feet in the Alder Way. right -of -way adjacent to Lot 14D -2, Block 7, Bells Flats Alaska Subdivision is presently surplus to the Borough's needs and authorizes that it be made available for disposal by easement for fair market value to. the owners. of Lot Resolution No. 90 -24 Page 1 of 2 ■ 14D-2, Block 7, Bells Flats Alaska Subdivision, subject to the following four (4) conditions: (1) The applicant is responsible for providing an as- built survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser; and (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns; and (4) Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. PASSED AND APPROVED THIS.5th DAY OF APRIL, 1990. ATTEST: KODIAK ISLAND BOROUGH esiding Officer Resolution No. 90-24 Page 2 of 2 Kodiak Island Borough MEMORANDUM TO: Kodiak Island Borough A embly THRU: Jerome M. S , Mayor FROM; Bud Cassid ource M nagement Officer DATE: March 23, 90 SUBJ: Resolution 90-24-R. A resolution of the Kodiak Island Borough Assembly authorizing the disposal of Borough property for fair market value by easement. RE: Planning and Zoning Commission Case 90-012. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission--Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) BACKGROUND The purpose of this resolution is to authorize a disposal of approximately twenty-five (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision by easement for fair market value to the adjacent property owners. After holding a public hearing at their regular meeting on March 21, 1990, the Planning and Zoning Commission adopted Commission Resolution 90-01-R (attached) recommending that the Kodiak Island Borough Assembly dispose by easement approximately twenty-five (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision. Please see the attached staff reports and public hearing notice for additional information. RECOMMENDATION The Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly approve Resolution 90-24-R. Re: Resolution 90-24-R Page 1 of 2 Assembly: April 5, 1990 APPROPRIATE MOTION Should the Kodiak Island Borough Assembly agree with the recommendation of the Planning and Zoning Commission an appropriate motion is: Move to adopt Resolution 90 -24 -R, a resolution of the Kodiak Island Borough Assembly authorizing the disposal of Borough property for fair market value by easement. Re: Resolution 90 -24 -R Page 2 of 2 Assembly: April 5, 1990 KODIAK ISLAND BOROUGH RESOLUTION NO. 90-24-R A RESOLUTION OF THE KODIAK -ISLAND BOROUGH ASSEMBLY AUTHORIZING THE DISPOSAL OF BOROUGH PROPERTY FOR FAIR MARKET VALUE BY EASEMENT WHEREAS, Section 18.20.030 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 transfers of real property including easements'; and, WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public hearing on this disposal by easement; and, WHEREAS, the Planning and Zoning Commission has determined that this proposal is in compliance with Borough Codes, specifically Titles 17 and 18, and the Kodiak Island Borough Coastal Management Program. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that approximately twenty-five (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision is presently surplus to the Borough's needs and authorizes that it be made available for disposal by easement for fair market value to the owners of Lot Resolution 90-24-R Page 1 of 2 14D-2, Block 7, Bells Flats Alaska Subdivision, subject to the following four (4) conditions: (1) The applicant is responsible for providing an as-built survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser; and (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns; and (4) Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. ATTEST: BY: PASSED AND.APPROVED THIS BY: BY: DAY OF , 1990. KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Lorne E. White, Presiding Officer Gaye Vaughan, Borough Clerk Distribution List: Community Development Department Resource Management Officer Resolution 90-24-R Page 2 of 2 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NUMBER 90 -01 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH PROPERTY. WHEREAS, Section 18.20.030 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 defines "disposal" as any transfer of real property; and, WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, approximately twenty-five (25) square feet located within the Alder Way right -of -way is needed to provide for an existing water well that was unintentionally located within the Borough right -of -way by the adjacent property owners; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public meeting on the disposal; and, i WHEREAS, the Planning and Zoning Commission has determined that this disposal is in compliance with Borough Codes; and WHEREAS, the Planning and Zoning Commission has determined that it would be appropriate to dispose of an easement in the Borough's right -of -way to 1 permit the use and maintenance of the water well that was unintentionally located in the Alder Way right -of -way. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of an easement of approximately twenty -five (25) square feet in the Alder Way right -of -way adjacent to Lot 140 -2, Block 7, Bells Flats Alaska Subdivision, by the Kodiak Island Borough to the property owners is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly dispose of the property at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100A, subject to the following four (4) conditions: Planning & Zoning Commission Resolution 90 -01 -R Page 1 of 2 (1) The applicant is responsible for providing an as-built survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser; and (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns; and (4) Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. PASSED AND APPROVED THIS 21st DAY OF MARCH, 1990. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY c-teL,, Robin Heinrichs, Chair ATTEST: BY Patricia Miley, Secret ry Community Development Department Distribution List: Kodiak Island Borough Assembly and Mayor Bud Cassidy, Borough Resource Management Officer Leslie Smith and Jeff Povelite Planning Lk Zoning Commission Resolution 90-01-R Page 2 of 2 K JIAK ISLAND BOROIA ":ldi COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 21, 1990. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 90 -012. Request for review by the. Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission- - Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well_ -that- is located. - approximately six (6) feet into the Borough right -of -way adjacent to Lot 14D -2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice is being sent to you because our records indicate you are a property owner in the area of the request. If you have any questions about the request, please feel free to call us at 486 -5736, extension 255. . Your Name: A V air i aV � e(( 1 NN Mailing AddresNN IS ► ( Your property description: manta: j Ise eel S-��,(�1( _ t to e rl ! v Jl k) £tc`re, G - ,‘1 iS • 'J'( (CMYla{ REC�a A u 'Cy ATO-k ` t _. iJL t-tz f'i DEPT Lot 14) -2, Block .7, Bells Flats Subd. T OF HIGHWAYS Kodiak Island Borough MEMORANDUM TO: Bud Cassidy, Resource Management Officer FROM: Patricia Miley, Community Development Secretary DATE: March 22, 1990 RE: Case 90-012. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission--Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) The Kodiak Island Borough Planning and Zoning Commission at their meeting on March 21, 1990, adopted Commisison Resolution 90-01-R (attached) and moved to forward the request cited above, recommending approval, to the Borough Assembly. This item will appear on the Assembly's Agenda for the April 6, 1990 regular meeting. The Commission adopted the following finding of fact in support of their decision: The disposal is consistent with Title 17 of the Kodiak Island Borough Code. If you have any questions about the action of the Commission, please contact the Community Development Department. attachment cc: Jerome M. Selby, Mayor Leslie Smith and Jeff Povelite 1 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NUMBER 90-01-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH PROPERTY. WHEREAS, Section 18.20.030 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 defines "disposal" as any transfer of real property; and, WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, approximately twenty-five (25) square feet located within the Alder Way right-of-way is needed to provide for an existing water well that was unintentionally located within the Borough right-of-way by the adjacent property owners; and, WHEREAS, the Planning and Zoning Commission has held an I I advertised and noticed public meeting on the disposal; and, WHEREAS, the Planning and Zoning Commission has determined that this disposal is in compliance with Borough Codes; and WHEREAS, the Planning and Zoning Commission has determined that it would be appropriate to dispose of an easement in the Borough's right-of-way to permit the use and maintenance of the water well that was unintentionally located in the Alder Way right-of-way. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of an easement of approximately twenty-five (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision, by the Kodiak Island Borough to the property owners is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly dispose of the property at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100A, subject to the following four (4) conditions: Planning & Zoning Commission Resolution 90-01-R Page 1 of 2 ^ / (1) The applicant is responsible for providing an as-built survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser; arid (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Boroughs concerns; and (4) Should the roadway of Alder Way require use of the entire road hAht-ohway, the well will be abandoned and another well will be located on the property. ATTEST: BY Patricia Miley, Secret ry Community Development Departrnent PASSED AND APPROVED THIS 21st DAY OF MARCH, 1990. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY • Distribution List: • Kodiak Island Borough Assembly and Mayor Bud Cassidy, Borough Resource Management Offcer , Lesile Smith and Jeff Povelite Planning &zsning Commission Resolution 90-m-R Page xmu Robin Heinrichs Chair F) Commission has developed in worksession are based on the recommended standards of the American Planning Association as indicated in Planning Advisory Circular No. 324 (summary attached). As long as these standards are adhered ho, the proposed addition to the existing miniwarehouse complex will not be dotrimental to the public's hoalth, safety, and welfare. Staff notes that the existing unhts are generally fairly small and do not have overhead doors or other large loading doors. The units have regular swinging door openings like those used in residential construction. Staff does not believe that it is necessary to have a parking space for each unit when the units are small. As as long as there is adequate maneuvering room so that another vehicle can pass it one vehicle is backed up to a door, adequate maneuvering room exists. 4. The aranting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the vanance will not be contrary to the objectives of the Comprehensive Plan which identifies this site for Public and Open Booce, School Reserve. This site is located in a long established Business Zoning District and it is unhikely that this property will ever be needed for school expansion. Because this site and neighboring sites have been developed for commercial purposes, the land is no longer suitable for school development or uses. In addidqn, this area is located contiguous with the developing business district located along Mill Bay Road and is consistent with the increasing use of property along Rezanof Drive for commercial development. 5. That actions of the applicant did not cause special condition or financial hardship from which relief is being ouunht bv the variance. Actions of the applicant have not caused the conditions from which relief is being sought by a variance. This variance will be decided pdor to the commencement of construction. 6. That the grantina of the variance will not permit a prohibited land use in the district involved. Miniwarehouses are a permitted use in the B--Business Zoning District. The motion was seconded and CARRIED by unanimous rofl calI vote. ___--` Case 90-012. ' Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission--Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right-of-way adjacent to Lot 14D'2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak lsland Borough; Leslie Smith and Jeff Povelite) Page 11 of 22 P Z Minutes: March 21, 1990 DUANE DVORAK indicated 30 public hearing notices were mailed for this case and none were returned. Staff recommended that the Commission forward this request to the Assembly recommending approval, subject to conditions. Regular Session Closed, Public Hearing Opened: JEFF POVELITE appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO ADOPT Planning and Zoning Resolution 90-01 in accordance with Sections 18.20.030A and 18.20.100A of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a water well easement not to exceed twenty-five (25) square feet [approximately five by five (5 x 5) feet of area adjacent to Lot 14D-2, centered on the well head to allow for maintenance] for fair market value; subject to the conditions of approval in the staff report dated March 7, 1990; and to adopt the finding of fact contained in the staff report dated March 7, 1990 as "Finding of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicant is responsible for providing an as-built survey of the proposed easement. 2. The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser. 3. The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concems. 4. Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. FINDING OF FACT The disposal is consistent with Title 17 of the Kodiak Island Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NUMBER 90-01-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH PROPERTY. Page 12 (422 P & Z Minutes: March 21, 1990 WHEREAS, Section 18.20.030 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 defines "disposal" as any transfer of real property; and, - WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, approximately twenty-five (25) square feet located within the Alder Way right-of-way is needed to provide for an existing water well that was unintentionally located within the Borough right-of- way by the adjacent property owners; 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 disposal is in compliance with Borough Codes; and WHEREAS, the Planning and Zoning Commission has determined that it would be appropriate to dispose of an easement in the Borough's right-of-way to permit the use and maintenance of the water well that was unintentionally located in the Alder Way right-of- way. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of an easement of approximately twenty-five (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision, by the Kodiak Island Borough to the property owners is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly dispose of the property at fair market value in accordance with Kodiak island Borough Code Section 18.20.100A, subject to the following four (4) conditions: (1) The applicant is responsible for providing an as-built survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser; and (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns; and (4) Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. PASSED AND APPROVED THIS 21st DAY OF MARCH, 1990, G) Case 5-90-008. Request for preliminary approval of the vacation of a portion of a utility easement and creation of another utility easement. Page 13 of 22 P & Z Minutes: March 21, 1990 DATE: TO: FROM: SUBJECT: RE: ITEM VI-F Kodiak Island Borough MEMORANDUM March 7, 1990 Planning and Zoning Commission Community Development Department Information for the March 21, 1990 Regula Meeting Case 90-012. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission--Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) Thirty (30) public hearing notices were distributed on March 2, 1990. Date of site visit: 1. Applicant: 2. Land Owner: 3. Existing Zoning: 4. Zoning History: 5. Location: Physical: March 7, 1990 Kodiak Island Borough; Leslie Smith and Jeff Povelite Kodiak Island Borough RR1--Rural Residential One The 1968 Kodiak Comprehensive Plan does not adequately address the Womens Bay area. Zoned Unclassified by Ordinance 69-30-0. Rezoned from Unclassified to Rural Residential by Ordinance 80-9-0. Rezoned from Rural Residential to RR1--Rural Residential One by Ordinance 83- 15-0. 240 Alder Way Case 90-012 Page 1 of 4 P & Z: March 21, 1990 ITEM VI-F Legal: Lot 14D-2, Block 7, Bells Flats Alaska Subdivision 6. Lot Size: 2.33 acres 7. Existing Land Use: Single-family Residential Surrounding Land Use and Zoning: North: Lots 14A-1, 140-1, 14D-1, Block 7, Bells Flats Use: Two single-family residences and a mobile home residence Zoning: RR1--Rural Residential One South: Lots 130, 14D-3, Block 7, Bells Flats Use: Vacant, single-family residence Zoning: RR1--Rural Residential One East: Lots 14E-1 and 14E-2, Block 7, Bells Flats Use: Vacant, single-family residence Zoning: RR1--Rural Residential One West: Lots 13F and 13C, Block 7, Bells Flats Use: Vacant Zoning: RR1--Rural Residential One 9. Comprehensive Plan: The 1982 Womens Bay Comprehensive Plan states: Comprehensive Plan Philosophy Section 1. Maintain a rural residential area with the decisions about the community to be based on this premise and commercial and industrial area segregation; Future Land Use Section Future land usage in the existing community will consist of large lot single-family residential on both sides of Russian Creek. The community has expressed the goal of keeping the area as rural residential in nature. 10. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code and Kodiak Island Borough Coastal Management Program are applicable to this request. Case 90-012 Page 2 of 4 P & Z: March 21, 1990 ITEM VI -F 18.20.030 Review by Planning Commission -- Assembly Approval. Except for disposals required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. 18.20.100 Disposal for Fair Market Value. A. Except as otherwise provided by this title or another provision of law, all disposals of borough land shall be for the fair market value of the interest disposed of. The borough may accept in exchange for borough land any consideration of sufficient value not prohibited by law. COASTAL MANAGEMENT APPLICABLE POLICIES The KIBCMP does not address minor structural developments such as water wells and, therefore, is not applicable to this land disposal. COMMENTS The purpose of this request is to review a disposal of land by easement for fair market value to accommodate a water well that was mistakenly located in the Borough right -of- way at 240 Alder Way. This case was initiated upon the request of the Borough Resource Management Officer. It is the responsibility of the Commission to determine if the land is surplus to the needs of the Kodiak Island Borough. In addition, the Commission should determine if the proposed use is appropriate from a land use perspective. As usually suggested by the Resource Manager, the party acquiring the easement should be responsible for providing an as -built survey of the site. Fair market value will be determined by the Borough Assessor or a private fee appraiser prior to the disposal of the easement. Case 90 -012 Page 3 of 4 P & Z: March 21, 1990 ITEM VI -F FINDING OF FACT The disposal is consistent with Title 17 of the Kodiak Island Borough Code. RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend that the Borough Assembly approve of the disposal of this easement for fair market value, subject to the suggested conditions of approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Resolution 90 -01 in accordance with Sections 18.20.030A and 18.20.100A of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a water well easement not to exceed twenty -five (25) square feet [approximately five by five (5 x 5) feet of area adjacent to Lot 14D -2, centered on the well head to allow for maintenance] for fair market value; subject to the conditions of approval in the staff report dated March 7, 1990; and to adopt the finding of fact contained in the staff report dated March 7, 1990 as "Finding of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicant is responsible for providing an as -built survey of the proposed easement. 2. The applicant shall pay fair market value for the easement as determined by the Borough Assessor and /or a private fee appraiser. The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns. 4. Should the roadway of Alder Way require use of the entire road right -of -way, the well will be abandoned and another well will be located on the property. Case 90 -012 Page 4 of 4 P & Z: March 21, 1990 2, B.oc< 7, ats Subd. rriLm of 50D feet Kodiak Island Borough MEMORANDUM DATE: March 13, 1990 TO: Planning and Zoning Commission if THRU: Duane Dvora , Jtcting Director, CODS FROM: Bud Cassidjtource Management Officer SUBJECT: Item for the March 18, 1990 Planning and Zoning Commission meeting RE: CASE 90-012 Request for an easement at fair market value for a water well on to Kodiak Island Borough right-of-way Alder Way (Jeff Povelite and Leslie Smith) Lot 140-2, Block 2, Bells Flats Alaska Subdivision Introduction This office was contacted by the above property owners, who had drilled their water well 34 inches off their property into the right-of-way of Alder Way in Women's Bay (See as-built survey. Actual distance confirmed by verbal communication with Stan Austerman, Ecklund Surveying). The well is the second on the lot. The first well was not 100 feet away from the septic system as required by DEC and will be abandoned. The new well, meets the 100 foot separation but is over the property line. The well is also 25-30 feet from the active roadbed of Alder Way. Discussion Though the Borough will not condone the building of structures or the intentional installation of wells or septic systems in the Borough right-of-way, the Community Development Department does allow uses to occur over the property line in rights-of-way with written permission from the adjacent property owner. The use must also be an extension of the type of uses allowed under the zoning code in that district. Past cases have involved items like fences and parking decks in residentially zoned areas that required approval of the owner of the right-of-way which usually is the State of Alaska, KIB, or the City of Kodiak. The bank that is lending money for the construction of a home on this lot, and the title company that is insuring this lot will accept the fact the well is located off the lot if the applicant obtains a water well easement from the Borough. Public rights-of-ways do allow for a myriad of uses. Utility lines, power lines, telephone lines as well as cable television lines are generally found —F Planning and Zoning Commission March 13, 1990 Page 2 in the r.o.w. Though most of the uses are public in nature, that is not always the case. Private companies can be the operators of cable television, telephone, or even electrical improvements. In cases involving commercial operators, a annual rental fee for the use of the r.o.w. is the general practice. This case fits in with this concept. Since the use of the well will be private in nature, a use fee, set on an annual bases, should be set. This fee will be determined by the Borough Assessor who looks at the value of the land impacted by the well and/or determines the rental rate based on the value of leaving the well in the r.o.w. versus drilling a new well on the applicants property. Recommendation It is advised that the Commission recommend approval of the request for an easement of Borough land to the Borough Assembly subject to the conditions of the staff report from the Community Development. Department that has been commented on and reviewed by this office. * ** MEMORANDUM * ** TO: Bud Cassidy, Resource Management Officer FROM: Pat Carlson, Assessor DATE: March 20, 1990 REFER: Opinion of Value Your memo of March 13, 1990 requested I determine the value for an easement located in a borough owned right of way. The area in question is located at the south end of Alder Way in Block 7 of Bells Flats subdivision. The property rights to be apprasied are a subsurface easement for an existing 6" steel cased water well. There is also included a 30 foot surface easement radiating out from the existing well and the north boundary of Lot 14D -2 Block 7 that is estimated to be 1,292 square feet in size as reflected on the attached site plan. I have reviewed recent sales of comparable properties in order to determine the value of the land in fee simple. My analysis of these sales indicate a current market value of the land of 62 cents per square foot. It is my understanding that the property will be returned to its original state at the end of the lease period, and my physical review of the property indicates no existing negative impact to the adjoining parcels. Based on the foregoing, it is my considered opinion that the value of the easement as of March 20, 1990 is: ** *$800.00 * ** ** *$EIGHT HUNDRED DOLLARS * ** • KCIHOIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI-F PUBLIC HEARING. NOTICE A public hearing will be held on Wednesday,. March 21, 1990. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 90-012. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission-- Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice is being sent to you because our records indicate you are a property owner in the area of the request. if you have any questions about the request, please feel free to call us at 486-5736, extension 255. Your Name: Melling Address: Your property description: Comments: Vinimun of 500 feet from exterior lot lines STATE ! 'T OF HIGHWAYS 2,33, ACRGe Q GN.ECxEb ('PPATE.W 20- te4if•IJ.O /. &At Ac» itAV AD aso 2. WEtc ActcuW J. / (iES r 4ir Acebo. /?4, £. 59• z8t AS • BUILT SURVEY I hereby certify that 1 have surveyed the (. io ein$g,,described property: Lce7e /dL�- r/. 7 c- (-/arssA /asks. �4.,„owes * ... 4s'.itl 4 y .. ;*14911i pi • 1111 OWN e osem • loos 1,1'. Ray A. Ecklund i N• NO. 16304 •, �h tSSIONAI. s a _5 • s 3' # 40. 3Z -9, A'woiss,k ,Pte onie:iq D /s#) '. and that the Improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that no Improvements on property lying adjacent thereto encroach on the premises In question and that there are no roadway, trensmis- . sion lines or other visible easements on said property except as Indi- cated hereon. Dated this day o 195 9 / ROY A. ECKLUND Registered Land Surveyo �Q<L� Dta by: `5• Avs t4crn n ( Date: Kodiak Island Borough MEMORANDUM TO: Bud Cassidy, Resource Management Officer FROM: Patricia Miley, Community Development Secretary DATE: March March 15, 1990 RE: Case 90-012. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission--Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) Enclosed please find a copy of the materials, concerning the above referenced item, reviewed by the Planning and Zoning Commission at their regularly scheduled packet review worksession held Wednesday. March 14, 1990. If you have any questions or comments, please contact the Community Development Department. cc: Jerome M. Selby, Mayor Leslie Smith and Jeff Povelite KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NUMBER 90-01-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH PROPERTY. WHEREAS, Section 18.20.030 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 defines "disposal" as any transfer of real property; and, WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, approximately twenty-five (25) square feet located within the Alder Way right-of-way is needed to provide for an existing water well that was unintentionally located within the Borough right-of-way by the adjacent property owners; 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 disposal is in compliance with Borough Codes; and WHEREAS, the Planning and Zoning Commission has determined that it would be appropriate to dispose of an easement in the Borough's right-of-way to permit the use and maintenance of the water well that was unintentionally located in the Alder Way right-of-way. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of an easement of approximately twenty-five. (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision, by the Kodiak Island Borough to the property owners is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly dispose of the property at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100A, subject to the following four (4) conditions: Planning & Zoning Commission Resolution 90-01-R Page 1 of 2 (1) The applicant is responsibte for providing an as-buift survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor arid/or r a private fee appraiser; and (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concems; and (4) Should the roadway of Alder Way require use of the entire road dgh1'oi'xvay, the well will be abandoned and another well will be located on the property. PASSED AND APPROVED THIS 21ot DAY OF MARCH, 1Q9O. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY Robin Heinrichs, Chair ATTEST: BY Patricia Miley, Secretary Community Development Department Distribution List: Kodiak lsland Borough Assembly and Mayor Bud Cassidy, Borough Resource Management Offlcer Leslie Smith and Jeff Povelite - p�m�uz��Commission Resolution 90-m-R Page 2 of 2 Kodiak Island Borough MEMORANDUM TO: Bud Cassidy, Resource Management Officer FROM: Patricia Miley, Community Development Secretary DATE: March 2, 1990 RE: Case 90 -012. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission -- Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right -of -way adjacent to Lot 14D -2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their March 21, 1990 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, March 14, 1990, at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486- 5736, extension 255. cc: Jerome M. Selby, Mayor Jeff Povelite R 9 :70152 BUBEN, VERN E MARY 1 P.O. BOX 4485 KODIAK AK 99615 1 ■ 89003070153 o FARL ING y'WILLIAM E ANNI E 1 Pea. BOX 1353 USCG 2 KODI AK AK 99619 3 4 5 7 8 89003070210 9 T C ENTERP..RISES ° P.C. BOX 2338 1 KODIAK AK 99615 4 5 6 7 R9003070220 '8 - ARNDT,r.BRENT: -... , . - :.._. ,_ . - .... 19 P.O. BOX 2338 '° KOD I AK AK 99 615 :.. ..... 19 R9 00 X70 0 12 10'REYESrVINCENT E JEWELL 1, 'P.O BOX 290 12 KODIAK AK 99615 13 14 15 16 17 •. .. 18 R9003070020 , 19 HOLLSTEINsGUY & KATHRYN o P.O,• BOX 3185 .1 KODIAK AK 99615 16 '7 R9003070021 8LAKINGS'DONALD & MARILYN 19 P.0. BOX '4115 ° KODIAK . AK 99615 2 41E4 6 R9003070022 1 GREGORY I MARC S & KAY L 6 7 8 10 11 12 15 16 P.O. BOX 2214 KODIAK AK 99615 RUOFF /MICHAEL Psfla BOX 272 KODIAK R900307002 3 AK 99615 7 - 18 19 20 21 22 23 24 25 26 27 R9003070024 SPRINGER, TOM & TERRI P.O. BOX 3532 KODIAK AK 99615 R9003070025 28 TURKISHER EDWARD 29 P.O. BOX 3283 30 KODIAK AK 99615 31 32 34 35 36 37 38 39 40 4 42 43 44 45 46 47 48 49 50 51 2 53 54 55 56 57 58 59 60 R9003070026 PEDERS EN/ ARTHUR C JO AN P.O. BOX 2513 KODIAK AK 99615 R9003070122 SKAFLEST AD/ KOLBJ ORN & JAN P.O. BOX 705 KODIAK AK 99615 R9003070123 AKEF I EL Dv KELLY P.O. BOX 2706 KODI AK AK 996 R90307Q 131 MAWALL, 6€ L. Jay P•O. BOX 3141 6 SAN PEOR CA 9C 1 2 5 6 7 3 9 10 11 72 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 89003070141: POVELITE,ANDREW E KAY P O. BOX 3515 K OhT AK K 9961 5 89003070132 MA'SHA ►"GEORGE E JO P. 141 +, ©X 314 SA P'DR 907'1 . R9003070133 MARSHALL,GEORGE P.C. -BOX 2947 KODIAK ERIC K 99615 R9003070134 .. W KE' "'LD, E ►LY P 0. 3 i 706 KO AK AK 99615 R9003070.135 R -SHA "GEORGE : & °J P. : DX 141 SA P ORD 90:T3 r R9003070136 M RS A1. • "GE P. '.. BOX 29 7 K00 K K. 99 'TROMPS ON, PETER P.0'.. BOX 3:037 KOOIAK •R9003070137 d of AK .99615 30 igi4-05 MioclLg ) 3411i o 6 4 5 6 8 9• 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 R9003070143 CHANDLER FTSHERI.ES P.O. B OX 116 •KODI AK' K.' 9961.5 R90030 70144 SULLIVAN ' ETAL,TOBY' SUZANNE .ABRAHAM P.C. BOX 3047 KODIAK. AK 99615 R9003070145 LINSCHEI D, KURT P.C. • .:BOX 3515 KODIAK ` A 9961 • R900307014.6'1. PO:VELI TE •JEFFERY. P.O. ' BOX 2431 KODIAK. AK 99615 .89003070147 BARNHART /JEFFREY- 11276 BELLS;;FLATS ROAD KODIAK - AK 99615 R9003070148 POWERS ►CARL P.O. BOX 283 KODIAK AK 99615 R9003070151 MOREY,,MRYON" C„ KATHLEEN P.O.' BOX 122' . CAHONE CO ,81320 -Ita5190 70 G 1b /ac -1 Ior l3R � SC aoP g 900 X040 oia 900 300 ©a le 90o la 900 030o / a 3 -- g 9o0_ .. go o _ /3/ i' ?o0 307D /S3 /0 as Vinrun of 50, feet fron exterior lot lines STATE T OF HIGHWAYS .APAIIPTAIO F"/&-4c, GNFCXZb� �'' GPVATa.0 20- Are?. a0 /• 8%D4 Ac»rrro 'Am o 2. WEtc Adorao J. 'claim/AY 'claim/AY Ac'bbo. r :t4t aA4gs'111 ow C2 */49711 /.a/a •gawi• •Mq• • Roy A. Ecklund \a NO. 16994 aa_ . J Sealer /' = 50 brut f 1 —:5 AS - BUILT SURVEY 1 hereby certify that I have surveyed the folloyvin dese ibed roperty: 1074 /4-41 - ..1. 7 �• l ar r 4/ e Pi # hA OZ -9. k'w./ Pk h'tuxt/.bq D1 #M '. and that the Improvemenu situated there on are within the property tenet and do not overlap or encroach on the property Tying adjacent thereto, that no improvements on property lying adjacent'heteto encroach on the premltet In question and that there are no roadways, transmit- lines or other risible euementa on wild property except as Indb cated hereon. Doted thb 2,/ day o 19 50 ROY A. ECKLUND Registered Land Surveyor Drawn by: 5. 4.s iterrrle n I Date: T OF HIGHWAYS Ccse 9: -012 Lot 1L) -2, Blocs 7, Bells Flats Subd. Public \otice Area Minimun of 2: feet frorYN exterior of lines Kodiak Island Borough MEMORANDUM DATE: February 23, 1990 TO: Karl Short, Accountant 411iFROM: Bud Cassid Y , esource Management Officer SUBJECT: Journal Voucher Please transfer $50.00 from Account # 040-185-585-91-98 to Account # 010-000-368-14-00 for administrative fees associated with a review for disposal by easement, KIB real property (Jeff Povelite). KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 204, KODIAK, ALASKA 99615 -6340, (907) 486 -5736 The apploadon fie for all Items covered by thla form is Nfty dollars ($50.00), except as otherwise noted Condldonal We Permit, Excepdona, and Variance appllcatlons also require the submission of a site plan. Applicant Information Property owner's name: � ,7/9-64%./ /er96.'la. Property owners mailing address: ?/© /11//( lem e City: /Ire -K State: hk_ Zip: Home phone: ".-;.5-7..V2 Work phone: 13� If applicable, Agent's name: Agent's mailing address: Les(c fox City: State: Zip: Home phone: Work phone: Property Information B.� 7 Legal Description: Zor ,U oLf A Present use of property: , a• 4.1 Proposed use of property: ":O. Gt% "e ier 47e-(l. Applicant Certification 1, the applicant/authorized agent, haw been advised of the procedures involved with this request and have recllwd a copy of the appropriate regulations. Authorized Agent's Signature Date Property Owner's,Ssrlature Date Code Section(s) involved: STAFF USE ONLY Conditional Use Permit Variance Other (e.g., app arance requests, etc.) non -fee Remo Zoning ch Exception t/- Title 18 Review I5 & Application accepted: signature to .1-- 2- Date accepted zz