Loading...
FY2020-11 Granting A Nonexclusive Easement For Access, Peggy J. Purdy And Any Successors1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 Page 1 of 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 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 Page 2 of 2