LAKESIDE BK 2 LT 7 - Supplemental Information710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396
www.kib.cc.kodiak.ak.us
Applicant Information
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State Zip
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Home phone Work Phone E-mail Addr.
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Agents name (If applicablee)"
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Agent's mai ng address
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Property Information
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Property ID Number/s
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Legal Description p
Current Zoning: I (—
Applicable Comprehensive Plan:.
Year of Plan adoption:
Present Use of Property:
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Proposed Use of Property
(Note: Use additional sheets, if needed, to provide a complete
description of the proposed request)
Applicant Certification
I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review Is
true and complete to the best of my knowledge: and that if Is submitted In accordance with the requirements of the applicable
Kodiak Island Borough Code; which includes a detailed site plan for variance and conditional use requests and which may
Include optional supporting documentation as Indicated below.
_ Additional Narrative/History _ As-bulit Survey
phs _,,, _ Maps _ Other
01/20/211)
1 per Qyrlei l
Property Owner's Signature Date Authorized Agent's Signature Date
Attat9j w
A development plan for one or more lots on which Is shown the existing and proposed conditions of the lot, includi topography,
vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress;
circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development;
and any other Information that reasonably may be required in order that an informed decision can be made by the approving authority.
(Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University)
Code Section(s) Involved:
STAFF USE ONLY
O,ar£�(c}
Variance (KIBC 17.66.020) $250.00
Conditional Use Permit (KIBC 17.67.020.B) $250.00
Other (appearance requests, site plan review, etc.) $150.0 /t, i ^
Zoning change from to (KIB9'17.72.0 10 4jLCJr
LRn D t t s� DrRon ire j -5t,. c'cV
Applicatio eecceiv
Staff att)fe
vi JAN 20 2011
Kodiak Island Boroug
n
PAYMENT VERIFICATION
''Zoning Change.
Fee Schedule:
(per MB Assembly Resolut
Lff. July 1, 2005)
Less than 1.75 acres
1.76 to 5,00 acres
5.01 to 40.00 acres
40.01 acres or more
5350.00
5750.00
SI.1100.00
51,500.00
Finance Department
Land Use Permit la -BC
CHAPTER 18.50
Kodiak Island Borough, a municipal corporation, organized and existing under the laws of' the State of
Alaska, with offices at 710 Mill Bay Road, Kodiak, Alaska 99615 ("KIB"), for the consideration noted
below and the agreements contained in this instrument, grants to adjacent property owner The Holy Spirit
Association for the Unification of World Christianity ("Grantee"), the right, except as limited by this
instrument, to the non-exclusive use, for the purpose of correcting and enhancing drainage.
The use ("use" or "improvement") to be performed on the borough land is as follows:
Clearing of brush and removal of not more than three (3) trees (as designated) to install a culvert, as
described in the proposal dated Jan. 20, 2011 and indicated on the attached site layout plan (Exhibit "A"),
and cross section details (Exhibit "B) for the purpose of enhancing drainage flow from Lot 7, Bk. 2,
Lakeside Subdivision, southwesterly across Lot 10, Bk. 2, Lakeside Subdivision,, which is designated as a
greenbelt separating residences from the City Airport (Plat No. 86-35). Subsequent to installation of the
culvert, the ditch will be backfilled to ground level and revegetated as approved by KIB.
This grant is made on the following terms:
1. Construction and Maintenance. The improvement shall be performed and
maintained in a good and workmanlike manner and shall be made and kept as safe as possible for the
intended purpose. The expense of clearing brush, excavation, culvert installation and maintenance of the
improvement shall be borne by Grantee; KIB shall not be liable for any of the expenses of such excavation
and maintenance. The improvement shall be constructed and maintained in accordance with the provisions
of all applicable codes, including, by reference and not limitation, the Uniform Building Code or
International Building Code and Intemational Fire Code as adopted by Kodiak Island Borough, including
proper drainage. Grantee shall replace all survey markers displaced during work related to the improvement.
Future maintenance of the drainage is the responsibility of the grantee or his assigns and will be confined to
ten (10) feet either side of the center line (20 feet total width) of the installed culvert. Any future excavation
or disturbance of vegetation related to culvert and/or drainage maintenance will require prior approval of
KIB. Installation of the drainage culvert will be completed by June 30, 2011 unless an extension is granted.
The applicable land use permit fee is S250.00.
2. Removable Resource Materials. All removable resource materials upon the
borough land or right-of-way, including trees, stumps, rock, gravel and topsoil, and the like, are the property
of KIS. Grantee is not entitled to sell, transfer, or make any other commercial use of any removable
resource materials without the express written permission of KIB. KIB may require the storage of
removable resource materials upon the borough land or right-of-way, by Grantee.
3. Site Plan. Grantee shall submit to the Borough Manager or the Manager's designee a
detailed site plan (Exhibits "A" and "B") for approval prior to beginning the use or improvement. The plan
may include a detailed as -built survey and design and construction plans sufficient enough to satisfy the
Borough Manager or the Manager's designee and demonstrate compliance with the standards set forth in
paragraph I above. The plan shall include a written report concerning the time schedule and funding for
construction and maintenance. The report shall also identify utilities, if any, within the Borough land.
Lot 10, Bk. 2, Lakeside Subd. Drainage Permit Page 1 of 4
4
4. Compliance With Laws. Grantee shall design, construct and maintain the improvement in
strict compliance with all applicable laws, ordinances, regulations and other requirements of any federal,
state, municipal, or other government and will obtain all necessary permits, licenses, or other consents
related to the use or improvement.
5. Waiver of Liability. Grantee expressly waives all claims against the MB relating to the
borough land or right-of-way including any claim based upon the title or use of the premises, any claim
relating to the condition of the property, and any claim relating to the construction, maintenance and use of
the improvement.
6. Indemnity. Grantee shall forever protect, save and keep KIB, its agents, officers and
employees harmless and indemnify them against and from any and all claims, demands, losses, costs,
damages, suits, judgments, penalties, expenses, and liabilities of any kind or nature whatsoever arising out of
this agreement, including all claims relating to the Grantee's construction, design or maintenance of the
improvement and all claims relating to damage or interruption of utility service.
7. No Warranties. The parties hereto agree and acknowledge that no promises, representations
or agreements have been made with respect to the use and condition of the premises conveyed by pennit
except those contained in the body of this agreement. The representations, comments and promises
contained herein are for the sole benefit of KlB and Grantee and their successors and assigns, and not for
the benefit of any third party. No other person or entity shall have any right of action hereon.
8. Termination. Either party shall have the right to terminate this agreement without cause,
provided notice is given at least ninety (90) days prior to termination to the other party. The obligations for
indemnity and waiver of liability and access claims, imposed upon Grantee by this agreement shall survive
termination and shall remain fully effective thereafter.
9. Relationship of Parties. Nothing herein is intended nor shall ever be construed to create a
'joint venture, partnership or any other type of association between the parties, nor shall either party have the
right to act on behalf of or bind the other for any liability, cost, expense or undertaking, except as set forth in
this agreement.
10. Headings. The headings contained in this agreement are for reference purpose only
and will not in any way effect the meaning or interpretation of this agreement or any provision hereof.
11. Entire Agreement. This agreement contains the entire understanding of the parties.
There are no representations, warranties, promises, covenants or undertaking other than those expressly set
forth herein. No extrinsic matter to this agreement shall have any force or effect.
12. Attorney's Fees and Costs. In any suit or action brought to enforce this agreement or to
obtain an adjudication of rights hereunder, the losing party shall pay to the prevailing party a reasonable
attorney's fee and all other costs and expenses which may be incurred by the prevailing party in such action.
Lot 10, Bk. 2, Lakeside Subd. Drainage Permit Page 1 of 4
14. Applicable Law. This agreement shall be construed pursuant to the laws of the State of Alaska.
IN DUE WITNESS WHEREOF, the parties have executed this instrument at Kodiak, Alaska, this Qr2th
day of 7Z,nt..621,201/ .
KODIAK ISLLAND BOROUGH
BY: ee-Ar'
Its: /Ile- I di r -
Attest: 9h ' or / /l '��' t ) l /'
X116 ✓ A . �`Cr, TJdrorlgil Clerk_
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT )
GRANTEES
By:
Its:
THIS IS TO CERTIFY that on the 80 th day of lOaitdQ1^tk , 20 11 , before me, the undersigned, a
notary public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared
f1-01/.. L. &lEfD(4. ,to me known to be the Manager or his designee of the Kodiak Island
Borough, a municipal corporation, and known to me to be the person who executed the within instrument on
behalf of the municipal corporation herein named, and acknowledged to me that they executed the same as a
free act and deed of the said corporation for the uses and purposes therein stated and pursuant to codified
ordinances of the Kodiak Island Borough Assembly.
GIVEN UNDER MY t arr ;fJicial seal the day and year last above written.
011111111/4
�ouviv •st••,
•
ite CIS
Nota ' ublic for Alaska
My Commission expires telkreAJ e..
Lot 10, Bk. 2, Lakeside Subd. Drainage Permit Page 1 of 4
STATE OF ALASKA
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on thepl'0 th day o 20 II before me, the undersigned, a
Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared
MEL cf% N AA I F'vA
known to me to be individual herein named, and he acknowledged to me that he signed the foregoing
instrument as his free and voluntary act and deed for the uses and purposes therein contained.
GIVEN UNDER MY HAND an official seal the day and year last above written.
1111U31144,
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140?
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IC _'
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r
Nota "'ublic for Alaska
My commission expires: (A) 1.14_,of o9/
Lot 10, Bk. 2, Lakeside Subd, Drainage Permit Page 1 of 4
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PROPOSED CULVERT
NY -
5
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ECEDVEDD
7.0 2011
KIB • Resource Management Officer
SITE LAYOUT PLAN
Drawn not to scale
see details
CULVERT LAYOUT PLAN
LEGEND:
. — proposed culvert
------. = drainage flow direction
— property line
1958 = property address numbers
8 = lot numbers
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cross sections 12
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DETAILS drawn not to scale
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green belt e0
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Geo
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CULVERT LAYOUT PLAN
DESCRIPTIONS:
culvert invert elevations (depths):
cross section 1 = 6 ft. (variable)
cross section 2 = 6 ft. (variable)
culvert diameter = 24 inches
•
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property lines --_-
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1ECEDVED 1
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JAN 2 0 2011
KIB - Resource Management Officer
property
CROSS
SECTION 1
CROSS
SECTION 2
CROSS SECTIONS
(see DETAILS - CROSS SECTIONS)
r -ground leve
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culvert
DETAILS - CROSS SECTIONS
(see DESCRIPTIONS for invert elevations)
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CITY OF KODIAK
2410 Mill Bay Road, Kodiak, AK 99615
November 18, 2010
Attention: Nelson Mira
PO Box 893
Kodiak AK 99615
Subject: Drainage across Airport Property
Dear Mr. Mira:
Public Works Department
(907) 486-8060 Fax: (907) 486-8066
The City of Kodiak accepts your request to add an additional drainage discharge on to Tract B
USS 3468 in the vicinity of the northeastern property line of Lot 8 Blk 2, USS 3468.
You are proposing to install a new drainage system from Lot 8 across the Kodiak Island Borough
( KIB permission is required) green belt and into Tract B USS 3468 of the Municipal Airport
property. This drainage system will consist of a combination of open ditch and culvert sections.
This is acceptable to the City with the following conditions. Any required maintenance of the
system on City property is your responsibility. The installation of the system can consist of open
trench on City property as long as the depth of the open trench is less than 3 foot from the bottom
of the ditch to exist terrain and the sides are sloped at a 1.5 to 1 for the safety of the public. If the
depth of the drainage exceeds 3 foot from the bottom of the ditch to the average surrounding
terrain then the system will need culvert installed and the trench back filled to match existing
ground level.
You will need to submit a plan that shows the length of encroachment in to Tract B and expected
depths of the system so if culvert is needed the locations can be identified.
The City is in the process of fencing the parameter of the airport boundary and the portion of
your drainage system crossing under the fence will need to have a culvert and be back filled to
existing ground level.10 feet on each side of the fence.
If these conditions are acceptable to you and your organization please submit a letter to the City
of Kodiak accepting the terms of this letter.
•
Sincerely,
PLL
CITY OF KODIAK
2410 Mill Bay Road, Kodiak, AK 99615
Mark Kozak
Public Works Director
Public Works Department
(907) 486-8060 Fax: (907) 486-8066
CC. Doug Mathers, Building Official
Peggy Nekeferoff, PO Box 194, Kodiak, AK
Bob Scholze, Kodiak Island Borough Resource Management Officer