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Kodiak Recce Dis .
CONFIRMATION DEED
This Confirmation Deed made on February 13 , 1980, by
the Kodiak Island Borough, an Alaskan-municipal corporation,
herein the grantor, to Kodiak Livestock Cooperative, Inc., an
Alaskan corporation, whose address is P. 0. Box 273, Kodiak,
Alaska 99615, herein the grantee.
RECITALS_
1. Grantor conveyed to grantee by quitclaim deed dated May 13,
1971, and recorded in Book 24D at Page 10.6 in the records
of the Kodiak Recording District, Third Judicial. District,
State of Alaska-, a copy of which is annexed hereto and
incorporated by reference herein.
2. In the deed incorporated herein the following clauses were
set forth:
To have and to hold the above described real property
for use as a slaughterhouse facility.
If it is determined by the grantor that the lands
described herein, are not used by the grantee, for the
purpose of a slaughterhouse facility said land shall
revert to the grantor.
The parties intended that the conveyance be subject to a
condition subsequent that a slaughterhouse and /or an
agricultural research facility be operated and maintained
on the premises, but that this need not be the exclusive
use of the property, and that the proceeds from any
additional use of the property be used for the operation
and maintenance of the slaughterhouse and /or agriculturual
research facility.
3. To prevent difficulties hereafter and to permit recordation
of a deed that reflects the true intent of the parties in
every respect, the parties desire to correct the clauses
quoted above by replacing them with the terms set forth
below.
CONFIRMATION OF CONVEYANCE
Now, therefore, grantor, -for and in consideration of the '
sum of one dollar ($1.00), lawful money of the United States
and other good and valuable consideration, conveys and
quitclaims to grantee, subject to the condition hereafter
stated, all its right, title and interest in and to the
following described real estate. in the Kodiak Recording
District, Third Judicial District, State of,Alaska:
A parcel of land lying within Tract "A ",.Bells Flats Alaska
Subdivision, recorded within the Kodiak Recording District,
Serial #69 -684, Plat #69 -4, said parcel of land being
bounded on the south by the northerly R/W line of the Cape
Chiniak Road and the northerly line of MHW of Russian
Creek; bounded on the west by a portion of the Earl D..
Deaters Borrow Pit Site of which the plat of survey was
approved by the Kodiak Island Borough Assembly, dated
7/23/69, drawing #M1S 690528 BO, bounded on the north by •
the southerly R/W lines of Russian Creek Road and Uganik
Drive, and bounded on the east by the westerly R/W line of
Sargent Creek Road; said parcel being more particularly
described by metes and bounds as follows:
Page 1 of 3
5
cn
BOu PAG
Kodiak Recording thsid
•
Beginning at the most easterly point of Tract "A"
Bells Flats Alaska-Subdivision identical with Corner
MO: '3, U. S. Navy Tract 2; thence, S 30°45'25"W 19.41'
along the northerly R/W line of the Cape Chiniak Road;
thence, continuing along said R/W line S 16055'18"W a,
distance of 105.09' to the True Point of Beginning of
this Description, said point being the westerly R/W
point of intersection of Cape',Chiniak Road and Sargent'
Creek Road; thence, continuing on said R/W line S 16°
53'18"W a distance of 145'+ to the line of MHW of the
northerly bank of Russian Creek; 'thence, meandering in
a westerly direction upstream along the said MHW line
Of Russian Creek to a point which bears S 37°05'35"E,
a distance of 646.15'+ from 'a point on the southerly
.R/W of the Russian Creek Road, said southerly R/W •
point being the PC of a curve being defined as having ,
a delta-angle of 31°49'29", a radius of 602.96', an
arc length of 334.91'; thence, N 37°05'35"W, a
distance of 646.15'+ along the northeasterly boundary
of the Earl D. Deater Borrow Pit Site hereinbefore
described to the PC'of the hereinbefore mentioned
curve; thence, traversing along the southeasterly R/W
line of Russian Creek Road, said R/W being 60' in
width, N 15°53'30"E, 92.69' to the PT of a curve;
thence, on a curve to the right having an arc length
of 353.92'i radius of 3788.30', delta angle of 05
21'10" to the PC; thence, N 21°14'40"E, 337.97' to a
PT of a curve; thence, leaving Russian Creek Road R/W
and traversing along the easterly R/W line of Uganik
Drive, said R/W being 60' in width, on a curve to the
left having an arc length of 91.61', radius of
173.24', delta angle of 30017'52" to the PC; thence, N
09°03'12"W, a distance of 255.38' to a PT of a curve; '
thence, along a curve to.the left having a total arc
length of 263.90', radius of 285.03', delta angle of
53°02'53" to the intersection of the southerly R/W
line of Uyak Drive with Uganik Drive; said
intersection being connected with a radius return
curve having a radius of 15'; said Uyak Drive having a
R/W width of 60' as shown on the plat of survey of
Royal V. Larges' Borrow Pit Site approved by the
Kodiak Island Borough Assembly on July 23, 1969,
drawing #M1S 690505 BO; thence, along said R/W line of
Uyak Drive N 67°27'44"E, 498'+ to the intersection of
the southerly R/W line of Uyak Drive with the westerly
R/W line of Sargent Creek Road; said intersection
being connected with a radius return curve having a
radius of 15'; said Sargent Creek Road having a R/W
width of 60'7as shown on the hereinbefore mentioned
plat; thence, along the R/W line of Sargent Creek Road
S 30°12'29"E, a distance of 178'+ to a PT of a curve;
thence along a curve to the right having an arc length
of 255.59' radius of 853.25', delta angle of 17°09'46"
to a PC; thence, S 13°02'43"E, a distance of 662.51'
to a PT; thence, along a curve to the left having an
arc length of 307.34, radius of 429.66, delta angle of
40°59'07" to a PC; thence, S 54°01'50"E, a distance of
455.35' to the True Point of Beginning of this
description, containing 32.5 acres more or less.
To have and to hold the above-described property on
condition that a slaughterhouse and/or agricultural research
facility be maintained. thereon and that the proceeds from any
additional use of the property be used for the operation and
maintenance of the slaughterhouse and/or agricultural research
facility; and in the event that the property, or proceeds from
the use thereof, are not used as aforesaid, grantor and its
sucessors and assigns may re-enter and repossess the premises,
terminating the estate of grantee therein.
Page 2 of 3
B!?OK 45Li__PA(d* i. ---�
Kodiak Recording District
I.N WITNESS WHEREOF, the parties hereto have executed this
'qn the •date first above written.
GRANTOR
Kodiak Island Borough
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the /'day of � � , 19'4
before me, the undersigned Notary Public for the State of
Alaska, duly commissioned and sworn as such, personally
• appeared • / . �,,C�r of the Kodiak
Island Borough and, qFfowledged that said instrument was signed
and sealed on behalf of the Kodiak Island Borough by Proper
P
authority delegated and vested in himself, and acknowledged
,further said instrument to be the free act and deed of said
' Kodiak..Island Borough..
D+.''IP WITNESS WHEREOF, I have hereunto set my hand and affixed
•••mfr; 5;ea•1ahe day and year first above written.
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on the of &day
197(9, before me, the undersigned Notary Public or the State
of Alaska, d ly commission d and sworn as such, personally
appeared .0 a). of the Kodiak
Livestock oo erative Inc. and acknowledged p g that said
instrument was.signed and sealed on behalf of the Kodiak
Livestock Cooperative, Inc. by proper authority delegated and
vested in himself, and acknowledged further said instrument to
be`.the free act and deed of said Kodiak Livestock Cooperative,
;ySTSS WHEREOF, I have hereunto set my hand and affixed
"theday and year first above written.
/
?;; �.� Q I 0 6 5 No ary P4,4 is in and for ska
My Commission Expires: 6./ 4 7
/ 174" /c/. ®O
✓ �/ �CC/i'�Gf/.(,��
Not ry;•ublic in and fo Alaska
My Co ission Expires:
GRANTEE
Kodiak Livestock Cooperative,
Inc.
B
ss.
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f1 i.: 1. '.i ' i
DISTRICT
Page 3 of 3
Juu 6 3 22 IT-'8
. BEWJESTED.3Y •
AOORESS.
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DAVE P. TJB°3S
LAND MANAGEMENT CONSULTANT
2207 5PENARD RD. SU TE 204
piCHORAGE, ALASKA 39503
MESSAGE DATE /
TO
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SIGNED
Redifprm. 45 473
Poly Pak (50 sets) 4P473
SIGNED
SEND PARTS 1 AND 3 WITH CARBON INTACT - PART 3 WILL BE RETURNED WITH REPLY.
DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
2207 SPENARD ROAD, SUITE 204 ANCHORAGE, ALASKA 99503
TELEPHONE (907) 279-9931 .
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
-
April 5, 1979
Kodiak Livestock Cooperative, Inc.
P.O. Box 1608
Kodiak, Alaska 99615
REF: Kodiak Island Borough Quitclaim Deed,
Issued May 13,,1971
Dear Sirs:
Recent developments taking place in Bells Flats Alaska
Subdivision have brought attention to the restrictive use
clause included in the Kodiak Island Borough Quitclaim Deed
issued to your cooperative on May 13, 1971. The permitted
land utilization is limited to those connected with the ,s
slaughter facility. It is now learned that your cooperative
has leased approximately 9 acres of the deeded property,t6 a
Mr. Don Arndt. He has constructed a metal building on the
leased area and applied for a second building permit for --
another building. Mr. Arndt's ventures are not oriented to
uses associated'to the slaughter facility. He has, in fact,
subleased the building to Spark and Arc, a welding business.
The nonconforming uses not only jeopardize your title,
but also expose your association to possible litigation from
the lessee.
Your association, by this letter, is put on notice of
the nonconforming use taking place for the land involving
the Kodiak Island Borough Quitclaim Deed issued May 13, 1971.
Your cooperative is asked to meet with designated represen-
tatives of the borough to discuss remedies to resolve this
matter. This meeting is to take place within fifteen days
of receipt of this letter. Please call the borough manager's
office to arrange a time and date. The meeting will be held
in the Borough Office Building. Failure on the cooperative's
part to attend such a meeting will leave no alternative to
-2-
the Kodiak Island Borough but to take other notice and claim
action to void the deed.
Sincerely,
Dale P. Tubbs
Land Management Consultant
for Kodiak Island Borough
DPT /bc
cc: R( ichard/ W. Garnett III, Attorney p
/ O G�tt ft � s /i� � �� Q� ry v j f7 /1- 5- c-c-ow
DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
2207 SPENARD ROAD, SUITE 204 ANCHORAGE; ALASKA 99503
TELEPHONE (907) 279-9931
MEMORANDUM
DATE: April -5, 1979
T0: Stuart 0. Denslow
FROM: Dale P. Tubbs
SUBJECT: QCD to Kodiak Livestock Assoc. K618
It became evident at the P &Z meeting on March 28, 1979 there
has been no follow through in regard to enforcement of the
restrictive clause in the borough quitclaim deed to the Kodiak
Livestock Association. The restrictive clause limits the use,
of the 33 acre parcel to livestock slaughter facilities only;
and upon a finding of the borough that other use is being
made of the land, the land can .be taken back.
Several approaches could be taken. These are:
1. Take action to reclaim the entire area.
2. Take action to reclaim all of the area not
presently occupied by the slaughterhouse
and adjacent pens.
3. Look back to the original time of conveyance
and determine if the borough acted within
their authority to make a negotiated sale to
the association.
Convey a new title without the restrictive
clause.
Do nothing.
compounds the problem and number 5 would be an ir-
responsible action.
4.
5.
Number 4
I recommend the Kodiak Livestock Association be put on notice,
be asked to come in and talk about the problem with ideas to
resolve it, and the notice include the action the borough
will take if they fail to respond. Attached is such a draft
letter.
Without further research, one could question whether or not,
the Kodiak Livestock Association is a legally constituted
entity. Many organizations tend to fall apart and lose their
incorporated standing through the failure to submit the
annual reports required.
cc: Richard W. Garnett III, Attorney
DPT /bc
DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
2207 SPENARD ROAD, SUITE 204 ANCHORAGE, ALASKA 99603
TELEPHONE (907) 279 -9931
MEMORANDUM
DATE: April 5, 1979
TO: Stuart O. Denslow
FROM: Dale P. Tubbs
SUBJECT: QCD to Kodiak Livestock Assoc. K618
It became evident at the P &Z meeting on March 28, 1979 there
has been no follow through in regard to enforcement of the
restrictive clause in the borough quitclaim deed to the Kodiak
Livestock Association. The restrictive clause limits the use
of the 33 acre parcel to livestock slaughter facilities only;
and upon a finding of the borough that other use is being
made of the land, the land can .be taken back.
Several approaches could be taken. These are:
1. Take action to reclaim the entire area.
2. Take action to reclaim all of the area not
presently occupied by the slaughterhouse
'and adjacent pens.
Look back to the original time of conveyance
and determine if the borough acted within
their authority to make a negotiated sale to
the association.
4. Convey a new title without the restrictive
clause.
5. Do nothing.
Number 4 compounds the problem and number 5 would be an ir-
responsible action.
I recommend the Kodiak Livestock Association be put on notice,
be asked to come in and talk about the problem with ideas to
resolve it, and the notice include the action the borough
will take if they fail to respond. Attached is such a draft
letter.
Without further research, one could question whether or not
the Kodiak Livestock Association is a legally constituted
entity. Many organizations tend to fall apart and lose their
incorporated standing through the failure to submit the
annual reports required.
cc: Richard W. Garnett III, Attorney
DPT /bc
..•
)RAFT COPY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
April 5, 1979
Kodiak Livestock Association
Kodiak, Alaska 99615
REF: Kodiak Island Borough Quitclaim Deed. -4Etl Issued
May 13, 1971
Dear Sirs:
Recent developments taking place in Bells Flats Alaska Sub-
division have brought attention to the restrictive use clause
included in the Kodiak Island Borough quitclaim issued to
your association on May 13, 1971. The permitted land uti-
lization is limited to those connected with slaughter facility.
It is now learned your association has leased approximately 19
acres of the deeded property to a Mr. Don Arndt. He has con-
structed a metal building on the leased area and applied for
a second building permit for another building. Mr. Arndtts
ventures are not oriented to uses associated to the slaughter
facility. He has, in fact, subleased the building to Spark
and Arc, a welding business.
-2-
The nonconforming uses not only jeopardize your title, but
also expose your association to possible litigation from the
lessee.
Your association, by this letter, is put on notice of the
nonconforming use taking place for the land involving Kodiak
Island Borough Quitclaim Deed NO issued May 13, 1971.
Your association is asked to meet with designated representa-
tives of the borough to discuss remedies to resolve this
matter. This meeting is to take place within fifteen days
of receipt of this letter. Please call the borough manager's
office to arrange a time and date. The meeting will be held
in the Borough Office Building. Failure on the association's
part to attend such a meeting will leave no alternative to the
Kodiak Island Borough but to take other notice and claim action
to void the deed.
Sincerely,
Dale P. Tubbs
Land Management Consultant for
Kodiak Island Borough
cc: Stuart 0. Denslow
Kodiak Island Borough Assembly