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KODIAK TWNST BK 19 NE PTN LT 6 - Supplemental InformationTom Bouillion Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear 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 and appurtenances 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: TIM CHERNOFF (unable to read names) NATALIE CHERNOFF State of Alaska) ss. 4PPIUJv P .v w'arc i3 ,fs, /3/ ? Avsrc mita .anatlar JCA'"- £JIt grzcs ii/r9/9‘, ,e-; L©,- 5A * Lu r , B1 c_k 19 K oc c 1 l I,e� �--o sa7 1P-Naci c.e,Ne. .S O c'"e. re-seOV\ T sruTk-sS e- o,,s -r /o r 6 ro / 7-ke)re-- ‘c( (-6) -filorn Ca j e-1( d, cx7e j 5 /q6o , ►� - r Jr .rdt. . 22 •-^ ^ I^ e � A S' j c � ` J YJ (�'L Cr`O,i - 1 i Ire c- r9( . Uc_n a P ryAa d,e_ r"\zt,n,e..rir • Ht -Ar- cbol cr- ,5-37 c r J 5 1 quo JP -e4 rs - cx - 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: 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 5A 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 eam 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 1 _r .. 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 F1LE COPY Re: Lots 5A & 6, Block 19, USS 2537B (Kodiak Townsite) Dear Mr. Bunch: August 15, 1996 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 SA. 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, tit Tom Bouillion, Associate Planner Community Development Department enclosures cc: Linda Freed, Community Development Dept. Director BillJones, City Manager, City of Kodiak Arlen_ Skin..r Owr�er Ler 6 Roloer-r N urcr r O ».wr, 4r .5A R 6 r0./! _ ;as; ;E1-37nck'~T.... O soler rO ca', <aT Nc N GEC -37"E lt° 3.87 20"24" o 0 O 0 84.50' 6° ins Pt/ Fla; # 23-p3 4 J l'Atp 04 , f.,etfi,:rt )4 4; 0: 4 0-164.1 ) 14 i:4.147# .;-1;')14674 Sr 9. a .• • ; •44. A 4 • A A 43 • $• • ‘: • or / Defr t11 51161W. MI.13F T. S 0. (US OHS.) William Jones Kodiak City Manager 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Jones: UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS Anchorage Agency 1675 C Street Anchorage, Alaska 99501-5198 July 30, 1996 IN REPLY REFER TO: As way of introduction, I am the new Realty Officer for the Anchorage Agency of the Bureau of Indian Affairs (BIA). During a recent visit to Kodiak I noticed that one of the few remaining parcels of restricted property located in the city has a driveway crossing Lot 6 of Block 19, USS 2537B. As I could not recall an approved right-of-way across any of the restricted parcels I checked both the Kodiak Recorder's Office and the BIA Title Plant in Anchorage. I could not read the deed found at Page 36 of Book 7 which purports to deed an easement across Lot 6 but I assume it is the same instrument as the enclosed copy which I found in the Title Plant. If my assumption is correct, then this instrument has two major flaws; one, it is only for a period of twenty-five (25) years, which has long since passed. Second, even if this is not the same instrument as recorded, there are no instruments of record which have been approved by the Secretary of the Interior or his designated representative - a requirement which would render any unauthorized deed or easement null and void from the start. Please review your files and if you have any information on this easement other than the enclosed Grant of Right of Way furnish me with a copy of same. If you do not have any other authorization for this easement then I request the name(s) and address of the current owners) of Lot 5A, the lot serviced by this easement. Thank you in advance for your assistance. Charles F. Bunch Realty Officer Enclosure . cc: Heirs of Tim Chernoff r.• • ;3 RIGHT-OF-WAY AGREEMENT THIS INDENTURE, made and entered into this 26th day of March, 1949, by and between TIFi CHERNOFF and NATALIA CHERNOFF, husband and of Kodiak, Alaska, parties of the first part, and LEE CADDELL ) of Kodiak, Alaska, party of the second part, WITNESSETH: WHEREAS, the parties of the first part are the owners and in ossession of that part of Lot Number Six (6) of Block Number Nine- iteen (19), of the City of Kodiak, as shown on the plat hereto at- tached, fronting pn Shellikof Highway, as shown on United States Survey 2537B, and the party of the second part is the owner and in pos- ession of Lot Number Five (5) and part of Lot Number Six (6) of _ Block Number Nineteen (19), of the City of Kodiak, as shown on the 'plat hereto attached, which is a tracing of United States Survey 42537B, and WHEREAS, the parties hereto desire for their mutual convenience - to construct a private excess roadway between the properties herein' ntioned, as is shown on the hereto attached tracing of United tates Survey No. 2537B. NOW THEREFORE, it is between the parties agreed as follows: The party of the second part agrees to construct and maintain a serviceable private roadway, as is shown on the hereto attached plat labeled private roadway, extending generally for a distance of • One Hundred Twenty (120) feet North 23'23T West across Lot Number Six (6) of Block Number Nineteen (19), and continuing as is shown on the plat hereto attached, through Lot Number Five (5) of -Block 'Number Nineteen (19) and terminating on that part of Lot Number Six' (6) of Block Number Nineteen (19) owned by the party of the second -nart. It is aLceed between the parties hereto, their heirs and as- 5ins, that the private roadway herein mentioned, shall be used -jointly to serve each of the parties herein mentioned and their amines and the easements herein jointly granted shall extend fo *a. pariod'of Twenty-five (25) years from the date hereof. It is specifically agreed between the parties hereto, that at 4 ) no time shall either of the parties herein mentioned, their fami- 'lees, servants or tenants, park, block or obstruct the roadway 4ct. ;h7rein mentioned, in any manner, that will deprive any other party hereto from the full use and enjoyment of the roadway herein men - Atoned, at any time. It is specifically agreed that this agreement shall, unless renewed by a similar instrument in writing, be revoked by a written .otice of either of the parties hereto or their heirs or assigns at the end of the Twenty -Five (25) year period, herein mentioned. It is specifically agreed between the parties that the roadway, ,%erein to be constructed, shall be used in reasonable manner by the qrollowint_ services during the time that such services are rendered ,to y of the properties herein mentioned, to -wit: Doctors or med- ice.l officer, ambulance -service, fire trucks, oil trucks, garba,e trucks, and police cars. It is specifically agreed that neither of the parties hereto • 11 ,rant additional uses to the herein mentioned roadway, other the particular uses herein mentioned, benefiting the parties :reto, their families, servants, guest and attendants. - -This agreement shall__extend to_and bind the parties hereto, 1 :aeir successors in interest or assigns. IN WITNESS .:11L;REOF, the parties have hereunto set their hands day and year first above written. ..i.ipt3SED BY: /s/ Tim Chernoff s/ 14arjorie Hughes Party of the First Part. S. Thomas L. Boyle /s/ Natalia Chernoff Party of the First Part. /s/ Lee Caddell ,,:41q;TED )Qc Party of the Second Part. STATES OF AEERICAZ. maITJRY OF ALASKA - • )'': THIS 13 TO CERTIFY, that there appeared before me, the under- c,6ned, a Notary Public in and for the Territory of Alaska, duly oi.'xissioned and sworn, TIM CHERNOFF and NATALIA CHERNOFF, parties t4he first part, and LEE CADDELL, party of the second part, to me , Pnall known and tome_known_to,be the identical individuals .41M6 BUILDING DEPARTMENT — CITY OF KODIAK APPLICATION FOR BUILDING PERMIT AND CERTIFICATE Applicant to fill in between heavy lines. OF OCCUPANCY BUILDING ADDRESS CLASS OF WORK NEW I I DEMOLISH LOCALITY ALTERATION I I REPAIR ADDITION 1-77-1MOVE NEAREST CROSS ST. USE OF BUILDING W WF NAME SIZE OF BUILDING -- _ HEIGHT NO. OF ROOMS I MAIL ADDRESS NO. OF FLOORS -- w LL CITY TEL. NO. NO. OF BUILDINGS NOW ON LOT ARCH ITECT ENGINEER NAME NO. OF FAMILIES SIZE OF LOT ADDRESS USE OF BLDG. NOW ON LOT CITY SPECIFICATIONS FOUNDATION STATE LICENSE NO. MATERIAL EXTERIOR i PIERS CONTRACTOR NAME WIDTH OF TOPI 1 WIDTH OF BOTTOM Al ADDRESS --- DEPTH IN GROUND CITY R.W. PLATE (SILL) SIZE I SPA. SPAN STATE LICENSE NO. GIRDERS LEGAL DESCRIPTION SUBDIVISION JOIST 1ST FL. JOIST 2ND FL. LOT NO. BLK. JOIST CEILING EXTERIOR STUDS 1. District Ir. Type of Construction I, II, III, IV, V, VI 3. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 4. Use Zone; 5. 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 , BUILDING PERMIT NO. 76 - VALUATION DATE ISSUED BLDG. FEE $ PLAN CHK. FEE TOTAL BUILDING PLUMBING ELECTRIC FOUNDATION ROUGH ROUGH FRAME SEPTIC TANK FINISH PLASTER SEWER FIXTURES FLUES GAS MOTORS FINAL FINISH FINAL 3N11 A183dO2id PLOT PLAN U Q W N 3N11 Al2i3dO21d STREET MAP NUMBER No. ASSIGNED BY FIELD CHECK BY DATE PLANNING & ZONING INFO TYPE OF OCCUPANCY TOTAL FLOOR AREA NUMBER OF STORIES TOTAL. HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD NEW CONSTRUCTION ALTER CHANGE OF OCCUPANCY FROM By: To Approved: CHIEF BUILDING OFFICIAL By: