HOSPITAL BK 1 LT 1A-1 - Land DisposalKODIAK ISLAND BOROUGH
RESOLUTION 77-63-R
A RESOLUTION CONVEYING REAL PROPERTY TO THE CITY TO
BE USED FOR CEMETARY PURPOSES.
WHEREAS the Kodiak Island Borough conveyed property
generally described as Lot 1 of Hospital Subidivision to the
City of Kodiak in 1968 to be used for cemetary purposes; and,
WHEREAS surveying errors have resulted in the
placement of graves on borough property that was not previously
conveyed to the city; and,
WHEREAS the city has requested the borough to convey
additional property necessary to conform the cemetary boundaries
to the existing and anticipated use; and,
WHEREAS the borough is authorized by A.S. 29.48.260(b)
to donate property or interests in property to a political
subdivision when in the judgment of the assembly it is advantag,-
eous to the municipality to do so; and,
WHEREAS the assembly has determined that it would be
in the best interest of the borough to convey to the city
additional land to be used for cemetary purposes.
NOW THEREFORE BE IT RESOLVED by the assembly of the
Kodiak Island Borough as follows:
The Mayor of the Kodiak Island Borough
and the Borough Clerk are hereby authorized and
directed to execute and deliver to the city
that certain quitclaim deed attached hereto •'
and incorporated herein conveying to the City
of Kodiak alparcel of land located within Lot 2,
Block 1 of the Hospital Subdivision to be used
by the city solely for cemetary purpoges.
. PASSED AND APPROVED by the Kodiak Island Borough Assembl
this 744 day of_WAlooLlo 197 !,7
KODIAK ISLAND BOROUGH
By:
By:
ATTEST;
4071700
,
Boroug
P esiding Officer
KODIAK ISLAND BOROUGH ASSEMBLY MEETING -- MARCH 3, 1977
CALL TO ORDER
The meeting was called to order by Presiding Officer, Betty Wallin in
the Borough Meeting room at 6: 12 p.m.
ROLL CALL
Present Absent
Leslie Anderson Frank Peterson (Excused)
Dr. Michael Emmick Mayor Kotula (Excused)
Murk Estes
Sandra Kavanaugh
James Peotter
Betty Wallin, Presiding Officer
A quorum was established. Mr. Peotter moved to excuse the absence
of Assemblyman Peterson . Seconded by Mr. Anderson. Motion
carried with a unanimous roll call vote.
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V COMMUNICATIONS AND APPEARANCES
A. Liquor License Renewal for Village Liquor Store (Rollyn J. Ball;
MacDonald's Custom Meats-Spruce Cape Road). Correspondence was
read by Dr. Emmick. Mr. Peotter moved to state no objection. Seconded
by Mr. Anderson. Motion carried with unanimous roll call vote.
B. Mrs. Kavanaugh read correspondence from Yvonne Zharoff, Chrm.
of Kodiak Health Resource Council dated February 25, 1977 re: the role.
of the Health Resource Council. Dr. Emmick felt a Health Planning
Agency should be established. Mr. Denslow stated that a representa-
tive from the State would be coming to the Kodiak area to discuss the
problem, within the month. Members of the Health Resources Council
are to be notified of the scheduled meeting.
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C. Re: Kodiak City Cemetery, Lot 1, Hospital Subdivision. A survey
indicates that the cemetery, including one fence and several graves
encroaches upon land owned by the Borough adjacent to Lot 1. Recom-
mendation from the Borough Manager was that the City of Kodiak be ad-
vised that the Kodiak Island Borough agree in principle to the requested
land transfer so that the City may proceed with its overall 'cemetery de-
velopment program. Further, that the Borough Manager be authorized
to negotiate further details of transfer with the Kodiak CityManager with
full detailing of those negotiations. Dr. Emmick moved to look on the
r.i
11 request favorably and instruct the Borough Manager to •reifteed wi th
negotiation for transfer of 3.8 acres requested. Second- • 12KItLir..604
son. Motion carried by unanimous roll call vote.
L--------_--.---,
-. 1
Iretter from Kodiak Island Hospital requesting $25, 000 for continued
operation of the hosp!tal was read by Assemblyman Anderson. Funds
were requested due to Increase in Workman' o Compensation In$042fti,
plus wage Increaset, supply tests, eieetricity end Virlou% sposiloo
contracts, M. Aoderson moved to make the ilocatio
Emmick seconded. Motion carred b
unanimous rot ta 1 VoW,
E. Letter read by Assemblyman Peotter which was receivtid from 141101
Shockley re: sale of Tracts A 6 C, U ,S,S, 3469, Kodiak SiflodiviSten es
recorded in the Kodiak Recording District stating he oppo$414 iblo Sites
On tho negotiating basis rather than a public auction, Saki von esse@od
. . . - ero %./ — • -Is& rOrh-n.
KODIAK ISLAND
MEMORANDUM
TO: Borough Manager
FROM: .Planning Department
, SUBJECT: Request For Access Easement to City Cemetery
RE: Lots 1 & 2 Hospital Subdivision
•
�
On January 25, 1978, the Borough received a request from the City
Of Kodiak seeking an access easement Un:LOt Hospital Subdivision:
The requested access across a portion of Lot 2 would provide a more
reasonable access to the city cemetery located on Lot l'
lVt 1, Hospital Subdivision was conveyed to the City of Kodiak
several years ago by the K.I.B. Assembly to be used for a community
cemetery. Subsequently a fence was constructed and grave plots were
established which encroached on adjacent Borough lands. To correct
this situation the Borough Assembly, by Resolution and Quit Claim
Deed dated November 8, 1977, conveyed 5,161 square feet of additional
land from Lot 2 Hospital Subdivision to the [itv. The intent of this
action was to avoid the City's having to exhume some graves and relocate
them within the correct boundary of the cemetery.
On January 25, 1978, the City submitted an additional request for
approximately 8,273 square feet of land to be used as an access easement
to the cemetery. This latest request is somewhat excessive in terms
of what could reasonably be assumed necessary to provide dccBS3.
Staff feels reasonable access can be provided on less land than that
requested along the alignment of the existing trail. Further, we
feel this area can be developed without removing any existing trees.
The Borough attorney can draw up an easement agreement which has been
suggested by the Borough Engineer that will accommodate the City's
needs.
PHONE (967) 48,6,- 3224
P.O.BOX 1397
KODIAK,ALASKA, 99615
Mr. Stuart DensIow=,: Manager
Kodiak, Island Borough
P,.0...Box 1246-
Kodiak, 99615
RE: Kodiak City ,C Development Plan
Dear Mr. Denslow ::
The additional" land conveyed to; the C. in the Hospital Subdivision has eliminated
the immediate problem of grave sites existing,outside •the- old.cemeter-y.boundary.:.
However, it. is ,still not. possible to gain access: to the cemetery-without crossing over,
existing graves or crossing :over Borough property-in Lot 2
Recently, John Stafford met with Mr Milligan and Mr. Marmaduke of. the Borough
Planning Department'to discuss_ this - problem .., ; The plan which resulted from, that
meeting is;to create •a road easement for cemetery access:- .
Accordingly, the City has revised the proposed cemetery development plan to
include a road easement.as. shown on the attached drawings. It is requested
that this proposal'_ for a new ,road easement be .presented to the Borough Assembly
for their approval.
Very truly.yoizrs. :
CITY o .,KODIA`K ".
i-s tat tsiand Botau b
KOOIAK; ALA ",c.a
JAN 2.5 193c
� e Alii2eligi3 40e6
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DiLiria
KODIAK ISLAND BOROUGH
RESOLUTION 77- 63-R
A RESOLUTION CONVEYING REAL PROPERTY TO THE CITY TO
BE USED FOR CEMETARY PURPOSES.
WHEREAS the Kodiak Island Borough conveyed property
generally described as Lot 1 of Hospital SubidiVision to4the
City of Kodiak in 1968 to be used for cemetary purposes; and,
WHEREAS surveying errors have resulted in the
placement of graves'-on borough.property that was not previously
conveyed to the city; and,
WHEREAS the city has requested the borough to convey
additional property necessary to conform the cemetary boundaries
to the existing and anticipated use; and,
WHEREAS the borough is authorized by A.S. 29.48.260(b)
-Lc) donate property or interests in property to a political
subdivision when in the judgment of the assembly it is advantag-
eous to the municipality to do so; and,
WHEREAS the assembly has determined that it would be
in the best interest of the borough to convey to the city
additional land to be used for cemetary purposes.
NOW THEREFORE BE IT RESOLVED by the assembly of the
Kodiak Island Borough as follows:
The Mayor of the Kodiak Island Borough
and the Borough Clerk are hereby authorized and
directed to execute and deliver to the city
that certain quitclaim deed attached hereto
and incorporated herein conveying to the City
of Kodiak a parcel of land located within Lot 2,
Block 1 of the Hospital Subdivision to be used
by the city solelyfor cemetary purposes.
this
PASSED AND APPROVED by the Kodiak Island Borough Assembl
S1.44 day o , 197
7d9 0 0 2 5'3 7
occ/5-743-
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E c R
rCOi& RE.c0110ING
DISTRICT
! ,
ATTEST;,,
Alr
Bo ough k
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OEC 8 1 27[1191
ikEouEsrEot3
ogjR ss
KODIAK ISLAND BOROUGH
016
/0,6ine,
STATE 9F ALASKA , ) .
THIRD JUNCIAL DISTRICT —) ao.
tho pidersigned; certify that 11113 is a tiU3 and fu!I copy 01 an
pilzema, doumIm Ill in tho Trizd Court, Third Judiclal
ti..1-ncb.; r of this court t113 day
Ckrk oi CU(
••,-.....GAttsaltnescsve
U•13;,... 1"e, s.:OUrt
•••
1111111Nomr —
By:
..at Xgdiak, Alaska.
s.
•
RESTRICTIVE QUITCLAIM DEED
THE GRANTOR, KODIAK ISLAND BOROUGH, for and idcon-
sideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable, consideration, the receipt:and-suffIciencY of which
is hereby acknowledged and confirmed, herebyTONVEYS'and
QUITCLAIMS to the CITY OF KODIAK as Grantee, all of its right,
title, interest, estate and claim in and to that certain real
property located in the State of Alaska described as:
A parcel of land located within Lot 2, Block 1
of Hospital Subdivision, plat recorded October
4, 1967 in Book 67, page 21, Kodiak Recording
District, more particularly described as follows:
Beginning at GLO Monument which marks corner
4 of USS 1396, Corner 7 of USS 2538-A, Corner
4 of USS 1822 and Corner 1 of USS 3511 thence
in a clockwise direction along the perimeter
of the platted cul-de-sac for Chichenoff
Street 85.61 feet to the true point of begin-
ning; thence continuing in a clockwise
direction along the perimeter of the platted
cul-de-sac approximately 13.feet to a point
that is common to an existing 6 foot high
chair link fence; thence northeasterly
(approximately 57°30') along the said.chain
link fence approximately 185 feet, the east-
erly end of said chain link fence; thence
northwesterly perpendicular to the fence line
to the intersection of the lot line common to
Lots 1 and 2 of Block 1, Hospital Subdivision,
an approximate distance of 40 feet; thence
S51°05'27"W approximately 196 feet to the
true point of beginning.
PROVIDED, HOWEVER, that Grantee and its successors
or assigns shall forever keep and use the property conveyed
by this deed solely for cemetary purposes and shall not use ,
the property for any other purpose without the written authoriza-
tion of the borough manager pursuant to resolution by the assembly
or
similar authorization by any successor governmental entity."
The restriction set forth above shall be deemed
to be and construed as an express condition subsequent. If •
Grantee or its successors shall use all or any portion of the
property for any unauthorized purpose, Grantor or its successor.
4. • -.2
may at any time thereafter serve on Grantee a written notice
specifying the nature of the prohibited use and directirq
Grantee to remedy the default. If Grantee fails to terminate
the prohibited use within thirty (30) days.and remove saitny
structure not conforming to the permitted usevt,then.a,notibe
in writing may be recorded and served on the city by the _
borough notifying it that Grantor elects that the title to
the whole of the conveyed premises shall revert to the Grantor;
and the title to the whole of such premises shallimmediately
--and without the necessity of any further action by Grantor,
revert to and revest in Grantor and Grantee shall lose and for-
feit all of his right, title and interest in and to the whole of
the conveyed premises thereon.
This deed is given pursuant to and by authority of
a resolution duly passed at a regular meeting of the KODIAK
ISLAND BOROUGH ASSEMBLY on the S7 day of
•
ATTEST:
(
DATED this A7 4 day 1977.
•
Borough erk
.STATE OF ALASKA
SS.:
THIRD JUDICIAL DISTRICT
KODIAK ISLAND BOROUGH'
By:
e y allin, Mayo
91- 0 0 2 5 8
KODO,i. RECORDING
CiSTRICT
•
DEC 8 1 27 Pril
THIS IS TO CERTIFY that on theA sty ofiLa64121„,
197 7 , before me, the undersigned, a Notary Public in and for.
the 'State of Alaska, duly commissioned and sworn as such, per-:
sonally appeared BETTY J. WALLIN, Mayor, known to me to be thed:•
individual who executed the. within instrument and acknowledged', '
to me that the same was signed freely and voluntarily 'for the,
uses and purposes therein stated. -s
WITNESS my hand and notarial seal the*(1;‘.
first above written. 3 o .
,
„ e .1 •
• ; •
, ; • L.
e .
REQUESTED BY
Nota ublic in and, Alaska
My C ission Expire's: -t; idg
ee•
4 •
STATE OF ALASKA
THIRD JUDICIAL DISTRICT ) GS.
i
I, tho undersigned, certify that this 1a n truo and full copy of in
original documant on flit) in tho Trial Court, Third Judicial Di Qtci;�
Shwa of Alo ".•IC;,. y
a1'l :rj }us my fiend owl no scat of this court WS �1 , ,;, day
%2,2 9 s t : {oiii +alt, Alaska.
t;.4 1 f:wl uJUrt
4,
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KODIAK ISLAND BOROUGH
February 28, 1977
Honorable Mayor and Borough Assembly
Kodiak Island Borough
RE: Kodiak City Cemetery
Lot 1, Hospital Subdivision
Dear Mayor and Assemblymen:
Referencing our recent discussion with Mr. Ted Gerken, former City
Manager, City of Kodiak, concerning the City Cemetery on
Hospital Subdivision, further study of the matter includ
rective land survey have been accomplished in accordance
Lot 1,
ing a cor-
with your
request. In conversations with Herman T. Beukers, Acting City
Manager, I have been advised that the City has retained Mr. Roy
Ecklund to survey the cemetery and to prepare a plan for future
development. The survey indicates that the cemetery, i cluding one
fence and several graves, encroaches upon land owned by the Borough
adjacent to Lot 1. The survey indicates that there is approximately
3.8 acres of Borough land in the adjacent parcel that could be in-
cluded in a cemetery development plan, providing such authorization
of transfer and appropriate terms could be arranged with the Borough
Assembly. The 3.8 acres in question is located on top of a hill,
above the hospital, and does not appear to be suitable as a con-
struction site for any other facility. A legal description of the
property in question is attached hereto for your information.
In due consideration of the desirability of the City of Kodiak pre-
paring a cemetery development plan and further, that the technical
details of such 'a program and the related requested land transfer
will require more specific discussions, I would make the following
recommendation: That the City of Kodiak be advised that the Kodiak
Island Borough agrees in principle to the requested land transfer
so that the City may proceed with its overall cemetery development
program. Further, that the Borough Manager be authorized to
negotiate further details of transfer with the Kodiak City Manager
with the full detailing of those negotiations presented to the
Borough Assembly for their approval prior to actual transfer.
ShoUld you have any questions with respect to this matter, I would
be pleased to discuss them with you.
Since, ely,
Ct
Atuart 0. Denslow
SOD/lkg
Enclosure
-
LFZAL PESMIPTION
A parcel of land within U.S. Survey 3511 being a portion of Lot:2,
Block 1, Hospital Subdivision, Kodiak Island Borough, State of •
Alaska more particularly described as follows:
Beginning at Corner 3, U.S. Survey 2843 which is common t Corner
4, Lot 1 and Corner 1, Lot 2 of U.S. Survey 3511;
Thence N 31° 05' 00" W 205.37 feet along the boundary common
to Hospital Subdivision and Lot 2, U.S.S. 3511 to the corner
common to Lots 1 and 2, Block 1, Hospital Subdivision and Lots
2 and 16, U.S.S. 3511;
Thence S 51° 05' 27" W 1262.33 feet along the boundary common
tp Lots 1 and 2, Block 1, Hospital Subdivision to the Corner
common to said Lots 1 and 2 being a point on a curve, in the
cul-de-sac at the Northeasterly end of Chichenoff Street, at
which the tangent bears S 79° 49' 54" E;
Thence Southeasterly 67.54 feet along a tangent curve to the
right, having a radius of 50.00 feet, through a central angle
of 77° 23' 36" to the corner common to Lots 2 and 3, Block 1,
Hospital Subdivision;
Thence N 57° 37 10" E 1239.98 feet to the Point of Beginning.
Containing 3.817 acres, more or less.
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