FY2020-11 Granting A Nonexclusive Easement For Access, Peggy J. Purdy And Any Successors1
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Introduced by: P&Z
Drafted by: CDD Director
Introduced: 10/03/2019
Adopted on: 10/03/2019
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2020-11
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH GRANTING A
NONEXCLUSIVE EASEMENT FOR ACCESS, BOTH TO INGRESS AND EGRESS, FOR
VEHICULAR AND PEDESTRIAN TRAFFIC, AND IN FAVOR OF PEGGY J. PURDY AND
ANY SUCCESSORS AND ASSIGNEES UPON THE PROPERTY DESCRIBED IN EXHIBIT
"A" FOR THE BENEFIT OF LOT 4, BLOCK 8, MONASHKA BAY SUBDIVISION AND ANY
FUTURE SUBDIVISIONS OF THAT PARCEL.
WHEREAS, the Kodiak Island Borough is the fee simple owner of certain lands situated in the
Kodiak Island Borough, Alaska, and more specifically described in Exhibit A attached hereto
and incorporated within; and
WHEREAS, Peggy J. Purdy is the fee simple owner of Lot 4, Block 8, Monashka Bay Alaska
Subdivision; and
WHEREAS, the property described in Exhibit A is a nonconforming lot, created prior to adoption
of Title 16 Subdivision Code and Title 17 Zoning Code; and
WHEREAS, the property described in Exhibit A separates Lot 4, Block 8, Monashka Bay Alaska
Subdivision from Lakeview Drive, obstructing access to Lakeview Drive; and
WHEREAS, Peggy J. Purdy desires to subdivide Lot 4, Block 8, Monashka Bay Alaska
Subdivision in a manner which requires access to the newly subdivided lots directly from
Lakeview Drive through the property described in Exhibit A; and
WHEREAS, the Kodiak Island Borough desires to accommodate Peggy J. Purdy's request for
an easement through the property for access to Lot 4, Block 8, Monashka Bay Alaska
Subdivision: and
WHEREAS, the Kodiak Island Borough Planning & Zoning Commission, at their September 18,
2019 regular meeting, passed Resolution FY20-01 recommending the Assembly agree to grant
and convey to Peggy J. Purdy, a non-exclusive access easement over, on, upon, and across
the property described in Exhibit A for the purpose of vehicular and pedestrian ingress and
egress from Lot 4, Block 8, Monashka Bay Subdivision and any future subdivisions of that
parcel; and
WHEREAS, the Kodiak Island Borough agrees to grant and convey to Peggy J. Purdy, a non-
exclusive access easement over, on, upon, and across the property described in Exhibit A for
Kodiak Island Borough, Alaska Resolution No. FY2020-11
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the purpose of vehicular and pedestrian ingress and egress from Lot 4, Block 8, Monashka Bay
Alaska Subdivision;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that
1. The Manager is authorized to execute the Access Easement and all other
documents required for the completion of this agreement.
2. The signed easement shall be recorded with the Kodiak Recording District, Third
Judicial District, State of Alaska by the Manager after it is signed and notarized by
both parties.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF OCTOBER, 2019.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes: Arndt, Schroeder, Smiley, Turner
Noes:
Kodiak Island Borough, Alaska
ATTEST:
Resolution No. FY2020-11
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