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KODIAK TWNST BK 19 LT 5A - ZCPTom Bouillion Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Mr: Bouillion: UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS Anchorage Agency 1675 C Street Anchorage, Alaska 99501-5198 December 21, 1996 IN REPLY REFER TO: Last August I spoke with you regarding a road that runs through Lot 6, Block 19, USS 2739B. In your correspondence you attached a portion of Plat No. 83-13 which notes the road easement as being at "Book 7, Page 36 (Deed)". My research reveals the road is not an easement but an actual deed located in Vol. 7 of Deeds, Pages 226-227, a copy of which is attached. Submitted for your information. Charles F. Bunch Realty Officer Encl. VOL. 7 DEEDS PAGE 226 DEED OF NATIVE INDIAN OR ESKIMO OF ALASKA This indenture, made and entered into this 30th day of July one thousand nine hundred fifty nine, by and between Tim Chernoff and his wife Natalie Chernoff, Native Aleuts, parties of the first part and Lee Caddell, party of the second part: WITNESSETH, that said parties of the first part, for and in consideration of the sum of Three Hundred Dollars ($300.00) in hand paid, the receipt of which is -hereby acknowledged,. do hereby grant, bargain, sell, and convey unto said party- of the second part the following described real estate and premises situated in the town of Kodiak, Alaska, the following described portion of Lot 6, Block 19 in the U.S. Survey 2537: Beginning at the most easterly corner of Lot 6 along Shelikoff Street; thence N. 23 23' W. 147.54 feet along a line common to Lots 3, 4 and 6 of Block 19 to a point;thence S. 66 36' W. 10.00 feet to a point; thence S. 23 23' E. 147.54 feet to the southeasterly boundary of Lot 6 along Shelikoff Street; thence N. 66 37' E. 10.00 feet to the point of beginning, containing 0.03 acres. Together with all the improvements thereon andappurtenances thereunto belongs, subject to the condition that there is reserved from the operation of the conveyance the land covered by the established streets and alleys extended upon and across the said tract. And the said parties of the first part, for themselves and their Heirs, executors, and administrators, do hereby covenant, promise and agree to and with the said party of the second part, his heirs and assigns that they will forever warrant and defer the said premises against the claim of all persons, claiming or to claim by, through, or under them only. To have and_to hold said described premises_ unto the said party of the second part, heirs, executors, administrators, and assigns forever. In Witness Whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written. WITNESSES: (unable to read names) State of Alaska) ss. APP2avr° NU/113•4147t, /3, /767 /� 1'/� /s/ ? /04716 412#A .OsAcn ar .Teartri51.4. aaa c9(zes TIM CHERNOFF NATALIE CHERNOFF T©: I �e fa; x.07- 5A Kodak T ✓tis; 0115/ 9(0 J3/j 7 9 77- v-�. 1 , U soy gad - cic,e. s -o ry C&5 Or\ 0 Tim e oce-r- er\ - _ -4 -1 q A /c -r- 6 ''i-ol or SA . Ie �5 c< i 7- - i� a re cord ^^ ceeJ , C r Fs (0 Le ;=. ceJeil GLo< Jk,c,re.- 3 /9t0 , re -.coy- in Nro[. 7, p. 226 orcl S ? a _ f �� ,` IO.� 1 B I A. J;r. ac zr. CSL al ‘ jam-\ c&, dra r1"c �S r ix- Ht-Ar-q� Al� roe- s `` v a O(�%A w -.0d f5 -o 1airtr . - - Robert Hunt P.O. Box 2924 Kodiak, Alaska 99615 Dear Mr. Hunt: UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS Anchorage Agency 1675 C Street Anchorage, Alaska 99501-5198 October 21, 1996 IN REPLY REFER TO: CT 2 8 1996 COMMUNITY DEVELOPMENT DEPARTMENT I am the Realty Officer for the Anchorage Agency of the Bureau of Indian Affairs. During a trip to Kodiak earlier this year I noted the access to Lot SA of Block 19, Kodiak Townsite crosses Lot 6 of same. I have been informed by the City of Kodiak that you are the Owner of Record for Lot 5A. The purpose of this letter is to inform you that Lot 6 is a Restricted Native Townsite issued under authority of the 1926 Native Townsite Act. As such, the land cannot be encumbered without approval of the Secretary of the Interior or his designee. I have been unable to find any Secretarial approval for the driveway which is used to access Lot 5A. If you have any documentation giving Secretarial approval for this easement please provide me with a copy. Otherwise, this road is in trespass and you will need to take action to apply for a right-of-way. under Title 25, Code of Federal Regulations (CFR), Section 169 - a complicated process at best. Under normal real estate law your use of the parcel for a period of years would probably earn a prescriptive easement. In this case, what is collectively know as "Indian Lands" cannot be adversely possessed so continued use would not attach any possessory rights or claims. While I regret having to bring this matter to your attention, it is a matter that must be resolved and your prompt reply would be appreciated. Charles F. Bunch Realty Officer cc: Heirs of Tim Chemoff Kodiak Island Borough Charles Bunch, Realty Officer BIA, Anchorage Office 1675 C Street Anchorage, AK 99501-5198 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 F!L E COP y August 15, 1996 SPP frnper ry -f c car Loi- 6, Neck' 19 Lass 2.....73q-15 -Fcr ©r 1errer- sefr 70 b t 11 J ores w, CKr es . r.ei-\ Re: Lots 5A & 6, Block 19, USS 2537B (Kodiak Townsite) Dear Mr. Bunch: I am writing in response to your letter dated July 30, 1996 to Bill Jones, Kodiak City Manager. Since the Kodiak Island Borough is the platting authority for the City of Kodiak, he asked that we respond to your inquiry for any additional information on the easement and the name and address of the current owner of lot 5A. Unfortunately, there is a limited amount of background information on the easement which serves lot 5A across lot 6. As you can see from the original townsite plat (enclosed for your reference), that the original lot 5 was a landlocked parcel. On March 26, 1949, a right-of-way agreement was executed between the Chemoffs and Lee Caddell to provide a 10 foot easement to lot 5 as a way to remedy this situation. We have no evidence to suggest that this agreement was approved by the Secretary of the Interior or his designee. On March 16, 1983 the Kodiak Island Borough Planning & Zoning Commission approved the vacation and replat of lot 5 and a portion of lot 6 into lot 5A (plat number 83-13, enclosed for your reference). The plat shows a 10 foot road easement, which probably reflects the above-mentioned agreement from 1949. We have no evidence to suggest that the Secretary of the Interior or his designee ever reviewed the plat, approved the easement or approved a transfer of a portion of lot 6 to the owner of lot 5 as a part of this process. Today, our code requires that a certificate to plat, identifying all interests in the property, be submitted with each subdivision request. Unfortunately, this was not a requirement in 1983 and as a result, BIA was overlooked in the process. The present owner of lot 5A, block 19, USS 2739B (Kodiak Townsite) is: Robert Hunt P.O. Box 2924 Kodiak, AK 99615 The driveway through lot 6 remains the only access to Mr. Hunt's apartment building on lot 5A. I hope I have been able to answer your questions. If you have any other questions, feel free to call me at (907) 486-9361. Sincerely, Qa.,.flw- Tom Bouillion, Associate Planner Community Development Department enclosures cc: Linda Freed, Community Development Dept. Director Bill Jones, City Manager, City of Kodiak White copy: File Yellow copy: Building Permit Pink copy: Applicant ZONING COMPLIANCE PERMIT 1. PROPERTY OWNER/APPLICANT _ ' Ko Island Borough Co" . ;unity Development Department 710 Mill Bay Road, Room 204 Kodiak, Alaska 99615 (907)486-5736 Ext. 255 Zoning Compliance #: c. Name: .er. �-- Address: 2 ) t,t) . fC , Telephone: T g C - 2. LEGAL. DESCRIPTION OF PROPERTY Street Address: A '" l Lt) , R,-vz..C.i.1^7 u P - t.., s/ Average lot depth: 0 f . Average lot width: E—) / Pr Lot depth to width ratio: Lot, block, subdivision: 1-01— 0; 1 Q, >sA , / / A,,,,, re 1/42e..),,75 r7.- Survey, other (e.g. township/range): Rear: Sides: / 1 Tax code #:' ( )� cfcj' Maximum projection(s) into r,equired yards: 3. DESCRIPTION OF EXISTING PROPERTY Zoning: 5f----,. Square footage of lot: 8 4_2_4 ( Minimum lot width: t.., s/ Average lot depth: 0 f . Average lot width: E—) / Pr Lot depth to width ratio: 1,)/ /. Use and size of existing buildings on the lot: i'tZ5—)c Proposed action conflicts with policies (note policy and describe co filet): Minimum Setbacks—Front: I Conditions attached to Consistency approval to mitigate conflicts noted above: [L._=:, Rear: Sides: 4. DESCRIPTION OF PROPOSED ACTION (attach site plan) Z � - c771 V.-1 t 1-ct tf 5. ZONING REQUIREMENTS FOR NEW CONSTRUCTION Type of structure(s): 12. I ✓ hJ- ?cc- t ...'mac. 1 Proposed action consistent with Borough Coastal Management Progr. Y- No Proposed action conflicts with policies (note policy and describe co filet): Minimum Setbacks—Front: I Conditions attached to Consistency approval to mitigate conflicts noted above: [L._=:, Rear: Sides: / 1 Additional Setbacks: Maximum projection(s) into r,equired yards: Maximum building height: \I / 1 Maximum lot coverage: Number and size of parking p c s required: / I Off-street loading requireme : 6 Plat related requirement(s): Other (e.g. zero lot line): 6. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM Applicable policies: + I p�--,pt„ Proposed action consistent with Borough Coastal Management Progr. Y- No Proposed action conflicts with policies (note policy and describe co filet): !,...z.:,.. ..,--- Conditions attached to Consistency approval to mitigate conflicts noted above: [L._=:, 7. APPLICANT CERTIFICATION 1 hearby certify that I will comply with all provisions of the Kodiak Island Borough Code and that I have the authority to certify this as owner, or representative of the owner, of the property(s) involved. Signed Title Won r pi" Date ` 8. SUPPORT DOCUMENTS ATTACHED Site Plan: Other: 9. BOROUGH STAFF APPROVAL Staff Approval: Signe Title MAA Date A Building permit #: BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. CLASS OF WORK BUILDING ADDRESS LOCALITY NEAREST CROSS ST. W Z 0 NAME MAIL ADDRESS CITU TEL. NO. NAME ADDRESS CITY STATE LICENSE NO. NAME ADDRESS CITY STATE LICENSE NO. SUBDIVISION LOT NO. BLK. NEW ALTERATION ADDITION DEMOLISH REPAIR MOVE USE OF BUILDING SIZE OF BUILDING HEIGHT NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT , NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION • MATERIAL EXTERIOR, PIERS WIDTH OF TOP WIDTH OF BOTTOM DEPTH IN GROUND R.W. PLATE (SILL) SIZE SPA SPAN GIRDERS' APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING PERMIT NO. VALUATION BUILDING FOUNDATION FRAME PLASTER FLUES FINAL JOIST 1st. FL. JOIST 2nd. FL. JOIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE SYPe of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, E, H, I, M, R Div. 1, 2, 3, 4 3. Fire Zone 1 2 3 4 INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant DATE ISSUED BLDG. FEE PLAN CHK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 3N11 Al2I3dO2Jd PLOT PLAN A 3N11 A183dO2id SETBACK STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: CHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR By• By. BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK APPLICATION FOR BUILDING PERMIT AND CERTIFICATE Applicant to fill in between heavy lines. BUILDING ADDRESS LOCALITY NEAREST CROSS ST. ce 0 ll 2 0 O Q 0 J DESCRIPTION NAME MAIL ADDRESS CITY TLL. NO. NAME ADDRESS CITY STATE LICENSE NO. NAME ADDRESS .“✓ CITY K i >i STATE LICENSE NO. CLASS OF WORK NEW DEMOLISH ALTERATION REPAIR ADDITION MOVE USE OF BUILDING .\ SIZE OF BUILDING HI 1(.111 NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR. PIERS WIDTH OF TOP SUBDIVISION WIDTH OF BOTTOM DEPTH IN GROUND R.W. PLATE (SILL) 1/1 GIRDERS JOIST lsl. FL. LOT NO. BLK. JOIST 2nd. FL. JOIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOI ING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS (OIL-) 1 hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant OF OCCUPANCY BUILDING PERMIT NO. VALUATION BUILDING FOUNDATION FRAME PLASTER FLUES FINAL DATE ISSUED BLDG. FEE PLAN CHK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH Approved: CHIEF BUILDING OFFICAL By: ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 3N11 Alli3dONd PLOT PLAN ZS/ A H ( SETBACK 3N11 Al2I3dOild STREET 5)72P%-, %` /'ileit/�Ci� PLANNING & ZONING INFO. ZONING DISTRICT 4 %moi ` r _t.,� TYPE OF OCCUPANCY NUMBER OF STORIES----- Z. TOTAL HT. 34 �/( X AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD If.7, Approved: ZONING ADMINISTRATOR 2.,