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Contract No. 1992-46ITEM # 12.D.2 Kodiak Island Borough AGENDA STATEMENT Meeting of: November 19, 1992 ITEM TITLE: APPROVAL OF LAND ACQUISITION FOR FIRE SERVICE DISTRICT ONE AND AUTHORIZING MAYOR TO SIGN LAND PURCHASE DOCUMENTS. SUMMARY STATEMENT Fire Service District One Representatives have negotiated the purchase of a lot adjacent to the Bayside Fire Station for a Regional Fire Training Center. The attached contract is a result of those negotiations. The contract provides for an earnest money amount and a donation amount. The balance of the contract will be incorporated into a promissory note between the parties. The concept is that money for this acquisition will come from the Service District's fund balance account and a fund of the volunteers. The contract also allows the seller an option to acquire borough land in place of receiving any portion of the purchase price. FISCAL NOTES [X] N/A Expenditure Amount Required $190,000 Budgeted APPROVAL FOR AGENDA: Mayor RECOMMENDED ACTION: Approval of land acquisition for Fire Service District One and authorizing Mayor to sign land purchase documents. Kodiak Island Borough AGENDA STATEMENT of: April 15, 1993. ITEM TITLE: Reconsideration of Resolution No. 93-12. at SUMMARY STATEMENT ITEM NO. ll.A. On April 9th, Assemblymember Austerman called the clerk to file reconsideration of the vote taken on Resolution No. 93-12. Assemblymember Austerman filed the notice by telephone before 5:00 p.m. the day following the meeting where the vote was taken, according to code. He had voted on the prevailing side. Assemblymember Hancock supported him. Attached is the signed notice or reconsideration and code regarding reconsideration. FISCAL NOTES (X] N/A Expenditure Amount Required Budgeted APPROVAL FOR AGENDA: Mayor RECOMMENDED ACTION: Move to reconsider Resolution No. 93-12. (If the motion to reconsider passes, the motion to adopt Resolution No. 9.s-12 is before the assembly.) Introduced by: M/rtment Requested by: Zoning Drafted by: Development Introduced: Failed: KODIAK ISLAND BOROUGH RESOLUTION NO. 93-12 A RESOLUTION DIRECTING THE EXCHANGE OF KODIAK IS AND BOROUGH PROPERTY IN MONASHKA BAY (WITHIN T27S R20W SE ION 13 AND 14) AS PARTIAL COMPENSATION FOR LAND RECENTLY PCQUIRED BY THE KODIAK ISLAND BOROUGH (LOT 1A -1A-2 BLOCK 5 MIL R POINT SUBDIVISION) IN ACCORDANCE WITH KODIAK ISLAND BOROUGH CODE 18.80 WHEREAS, the Kodiak Island Borough Plannin and Zoning Commission has recommended that the Kodiak F Borough Assembly dispose of a parcel of property, not exceedin10) acres in size, in the Monashka Bay area; and WHEREAS, evidence of marketable titl to the properties involved has been established; and WHEREAS, conceptual approval to Ater into exchange negotiations has previously been given to the ma r by the assembly; NOW, THEREFORE, BE /RESVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiaorough real property to be exchanged is no longer required foal purposes. Section 2: Thema or, or his designee, is directed to consummate the exchange in a ma er and by terms established in the previously approved exchange agr ment. Kodiak Island Borough, Alaska Resolution No. 93-12 Page 1 of 2 2.17.070 O. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assemblymember may make a motion to reconsider only if: 1. The assemblymember voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider, was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assemblymembers voting "no" shall constitute the prevailing side, regardless of the relative number of "yes" and "no" votes cast on the question. An assemblymember who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and if 2. The assemblymember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or if 3. Two assemblymembers file with the clerk, not later than five p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assemblymember can file by telephone provided that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. P. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the assembly except: 1. When the question could be reached by a motion to reconsider; or 2. When something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment. (The unexecuted part of an action, however, can be rescinded); or 3. When the matter is in the nature of a contract, and the other party has been informed of the vote; or 4. When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when -the motion can be made. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion. 2-16 (KIB 1/93) Supp. N4 RECONSIDERATION AFFIDAVIT I, Alan Austerman, having voted on the prevailing side, file my intent to propose reconsideration of the vote taken April 1, 1993, on Resolution No. 93-12 Directing the Exchange of Kodiak Island Borough Property in Monashka Bay (Within T27S R20W Section 13 and 24) as Partial Compensation for Land Recently Acquired by the Kodiak Island Borough (Lot 2A -1A-2, Block 5, Miller Point Alaska Subdivision) in Accordance with Kodiak Island Borough Code 18.80 Exchange of Real Property. DATED at Kodiak, Alaska, this (n to a of 07Pri'l 1993. ALAN AUSTERMAN SUBSCRIBED AND SWORN to before me this 1p� day of Q 1993. ,,.p'F 0A�`` .T OYWA^- � /�/✓✓UTA/ DO NA ��iotary Public In and For Alaska NOTARYPUBCt�-My Commission Expires: 199y KODIAK ISLAtQ My Comm. Expires: lunpct I, Suzanne Hancock, file my intent to propose reconsideration of the vote taken April 1, 1993, on Resolution No. 93-12 Directing the Exchange of Kodiak Island Borough Property in Monashka Bay (Within T27S R20W Section 13 and 24) as Partial Compensation for Land Recently Acquired by the Kodiak Island Borough (Lot 2A -1A-2, Block 5, Miller Point Alaska Subdivision) in Accordance with Kodiak Island Borough Code 18.80 Exchange of Real Property. DATED at Kodiak, Alaska, this ,SUBSCRIBED AND SWORN Q 1993. OFFICI.a SIAL TKARY DONNA '.SMITH PUBLIC — ALASKA DIAK ISL"t UCor^. m. Expire:: lune 7, 1994 �_`Gday of 1, fi[%1SIF di SLI; OCK to before me this day of NNbbtary Public In and Fo Alaska My Commission Expires: 7 g9y FIILED with the Kodiak Island Borough Clerk this 6t-4 day of 1992. '-Donnda F. Smith, Borough Clerk Kodiak Island Borough AGENDA STATEMENT Meeting of: April 1, 1993 ITEM NO. 12.11.1. Resolution No. 93-12 ITEM TITLE: Exchange of real property, in accordance with KIBC 18.80, of an unsubdivided parcel of Borough land no larger than ten (10) acres in Monashka Bay (within T27S R20W, Sections 13 and 24), as partial compensation for land recently acquired by the Borough (Lot 2A -1A-2, Block 5, Miller Point Subdivision). SUMMARY STATEMENT: This request for the exchange of Borough property was review by the Planning and Zoning Commission at the February 17, 1993 regular meeting. During the discussion of the case the Commission expressed concerns about the need to have a land management policy in place to help guide decisions like the one in this case. The Commission also expressed concern about the need to plan for land exchanges and disposals in order to maximize the benefit of exchange, disposal or retention of Borough land for the residents of the Kodiak Island Borough. After considerable discussion the Planning and Zoning Commission resolved that the disposal of a parcel of land along Monashka Bay, no larger than ten (10) acres in size, by exchange to an individual, in accordance with Chapter 15.90 of the Borough Code, is hereby recommended for approval by the Kodiak island Borough Assembly. The Commission acknowledged the information contained in the staff reports related to this request in fulfillment of the requirements of KIBC 18.80 A. and B. Please see the attached information, particularly the memorandum from Bud Cassidy dated February 8, 1993. FISCAL NOTES [ ] Expenditure Account Required General Fund APPROVAL FOR AGENDA: Mayor: RECOMMENDED ACTION: Move to adopt Resolution 93- 12 . �Ima Bay _ Gout Pomi OCm 'I •-60 v . f 28 0~ _J `zws Nub.�Y)ie2 J � � Ai1TUih POlai F :�.4t' _, y `) •M `�-600 CASE 93-015 '"aeai Point No more than Ten Acre parcel ?- of land in Monashka Bay A 41 < Creak • q (/ �O ,� swg i� f� ` N e �`�:✓ c f a o \ 1 LlmaV_ �o jam. .7 � ��s1—��_�` J I \ � � /tel � s I f✓��r � �, .-,I � v\. �-�`�.✓��. ) .../. \'.`,_� 'Dad`"i}�— •. �' � ,� -r.r i LIU y°wtl lake" alp 00 PW -Al x 3Raer / ` / _�j.. Rauh 1I�Jr�/i ���' Y. iii_ F IC8POi1�lE �a .IceAotu /..k.. zlmilmw 3 La \. ! - o y ° L/u ! • V ter �Y°e /-� ESEftKA ON ,. �=%•_ .y���<.�.�' F t. r ml J _'= j,.�' _ f!a...,�, ,N;.. .. C H / Y `I0 M In z The motion was seconded and CARRIED by a roll call vote of 6-1. COMMISSIONER BONNEY voted no. C) Case 93-016. Planning and Zoning Commission review of a exchange of property to an individual, in accordance with Chapter 18.80 of the Borough Code, of an unsubdivided parcel of land no larger than ten (10) acres in size, located in Monashka Bay, as partial compensation for land recently acquired by the Kodiak Island Borough. Within T27S R20W, Sections 13 & 24. Monashka Bay. DUANE DVORAK indicated 10 public hearing notices were mailed for this case and none were returned. Staff recommended that if the Commission felt the land trade is appropriate, the request should be forwarded to the Assembly with a recommendation of approval. Regular Session Closed. Public Hearing Opened: Mark MaJdic appeared before the Commission and expressed support for this request. Robin Heinrichs appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO ADOPT the followinb resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 93.015. Now Therefore, be It resolved by the Kodiak island Borough Planning and Zoning CornmLsston, That. the disposal of a parcel of land along Monashka Bay, no larger than ten (10) acres in size, by exchange of property to an individual In accordance with Chapter 18.80 of the Borough Code. is hereby recommended for approval by the Kodiak Island Borough Assembly. There was discussion among the Commissioner concerning planning for future Borough land disposals in the Monashka Bay area. There was concern about the implications this decision could have, and about making a general recommendation to the Assembly without doing a more thorough investigation and planning for the overall future land use in this area. The motion was seconded and CARRIED by a roll call vote of 4.3. COMMISSIONERS PETERSON, KOPLIN and ASPGREN voted no. P & Z Mfnutr : rebruvy 17. 190.7 Page 5 of 14 Kodiak Island Borough M E M O R A N D U M DATE: February 8, 1993 TO: Duane Dvorak CDD FORM: Bud Cassid ource SUBJ: Item for the February Manager 17, 1993 P&Z Meeting re: Case 93-015 P&Z review of an exchange of Borough real property in accordance with RIBC section 18.80. Exchange involves up to 10 acres of RIB land in the Monashka Bay Area for private land acquired for fire training center. RIB/Majdic. INTRODUCTION This case is the review of the second half of a land trade between Mark Majdic and the Kodiak Island Borough/Sqn!p9ge Fi�E District No. 1. Specifically, this case reviews the disposal of a piece of Borough real property to Mr. Majdic. The Borough has already acquired a parcel previous owned by Mr. Majdic (KIBC 18.10.030 allows the Borough Assembly to acquire real property without review by the Commission for specific projects and purposes) but to dispose Borough land, as in this request, requires review by the Commission. LAND EXCHANGE/CONTRACT On November 20, 1992 the Assembly approved the concept of an exchange of a combination of Borough land and money for a parcel of privately owned land. The Borough and Mr. Majdic have entered into a contract to forma ize this agreement. Specifically, the Borough/Sa=w*",;P District would purchase a 46,722 square foot parcel from Mr. Majdic. In exchange for this private parcel, Mr. Majdic would receive cash at 8% interest. As an alternative to receiving cash, the contract also allows for the acquisition of Borough land or a combination of land and cash. Case 93-015 P&Z rev of disp Page 1 of 3 MONASHXX BAY LAND Mr. Majdic has now identified land in the Monashka Bay area that he is interested in acquiring as part of the exchange. Borough staff is working to determine the exact boundary and value of the land. The Borough Assessor estimates that we are talking about a parcel in the range of 5-10 acres in size. But before staff proceeds much further, the Commission has an important role in this process as the authority to review Borough land disposals. The Commission's role in accordance with KIBC chapter 18.80 has the authority to recommend approval, denial, or modification of disposing this parcel to the Assembly. ANALYSIS A. Title The Borough received tentative approval "(TA)" to this parcel in 1981. A TA is a conveyance process where the state of Alaska has effectively transferred ownership of a parcel without issuing a patent (deed). A patent will only be issued after a boundary survey of the entire selection, performed by the Borough in accordance with state standards, is approved by the state. Because of the burden the state has place on boroughs to perform a boundary survey prior to issuing a patent, Section 29.65.070(b) of the Alaska State Statues permits boroughs the ability to dispose of TA'd property only with the approval of the state. (We are pursuing this approval). The Borough has disposed of land in Womens Bay, Chiniak and on Raspberry Island in this manner. The state is concerned that all parties are aware of any conditions, encumbrances, or covenants that have passed with the transfer of the land. The state is also concern that the parcel scheduled for disposal is in fact TA'd property. In this particular case the state has reserved a 50 foot public access easement along the coast. This easement runs inland 50 feet from the mean high tide line. This reservation is a standard condition attach to all land held by the state. It is required by state statute. The state has also retained what is called "section line easement." These easement were retained along all section lines for future road access. Because a road is already constructed, the state will consider removing this condition. Case 93-015 P&Z rev of disp Page 2 of 3 B. Alternatives Aside from the parcel the Mr. Majdic has identified in this request, there are a number of other options available to satisfy the contract. One is a straight cash transaction between the parties. That is the Borough will pay cash for the lot acquired from Mr. Majdic. If all else fails and the acquisition of land is not possible, the Borough will pay cash for the parcel. Secondly, though Mr. Majdic has selected land in Monashka Bay, there is no guarantee that the Commission or Assembly will approve the concept or that some other factor may preclude the transfer. There are other lands owned by the Borough that may be of interest to Mr. Majdic. The concept of other available options has not been explored to any degree. C. Future Disposals From a land management point of view, land in the Monashka Bay area that will not be retained for public purposes or due to its physical condition is sensitive land, should be considered for future disposal. This point is especially relevant due to the fact that the City of Kodiak has recently redefined the watershed boundaries based on survey information. The boundary now rightfully traverses from ridge to ridge. This exercise has excluded lands that were formerly thought to be included in the watershed boundary. With the recent survey it was determine that there is substantial land outside the former watershed boundary. Should the parcel Mr. Majdic has identified be disposed, the configuration of the parcel should fit into a larger overall subdivision. A single lot can be created for the purposes of this exchange, but there should be consideration about how this lot is designed so that it does not interfere with the configuration and future disposal of adjacent lands because of an odd shaped lot line. Case 93-015 P&Z rev of disp Page 3 of 3 (c) The balance of the purcha a price, in the amount of One Hundred Sixty -Nine Thousand Six Hundred Twenty - Five and N0/100 Dollars ($169,625.00), shall be evidenced by a promissory note, and shall include the following terms: (i) the unpaid principal balance of the promissory note shall bear interest at the rate of eight percent (88) per annum from and after the date of closing; (ii) interest and principal shall be paid in full within ten (10) days of receipt of a written demand for payment from the Seller, provided, however, that the entire balance of principal and interest shall be paid in full within two years from the date of closing; and (iii) the Seller retains the option to propose an e=hange of real property pursuant to Kodiak Island Borough Code Chapter 18.10 in lieu of payment of any portion of the balance of the purchase price. Any exchange must be completed within two (2) years from the date of closing. Any exchange is subject to the approval of the Planning and Zoning Commission and the Borough Assembly, pursuant to the provisions of KIBC Chapter 10.80. The Premises are sold and are now to be conveyed subject to: Comm r rs sus or went YOMM An MICIM 1m L1Q!! 31 - 3 / '4"4' -�e'n ! L � e Qa a _ , o� Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 9%15.6340 PHONE (907) 466.5736 January 14, 1993 Rick Thompson Regional Manager Division of Lands Department of Natural Resources P.O. Box 107005 Anchorage, Ak. 99510-7005 Dear Mr. Thompson, re: conditional approval to dispose Municipal selected Land in accordance with A.S. 29.65.070(b) ADL 55996 The Kodiak Island Borough is interested in disposing up to 10 acres of tentatively approved land in a portion of sections 13 & 24 T27S, R20W SM as depicted in the enclosed map. This land was approved for municipal selection in a decision document dated May 4, 1992. The Borough is disposing this parcel in exchange for a parcel of private land adjacent to the Borough's fire station. The Borough is proposing the construction of a fire training center on this newly acquired lot. Should you have any question, please contact me at 486-9302. Sincerely, Bud Cassidy Resource Manager cc: Jerome Selby, Mayor K-994 ¢ 29.65.070 MUNICIPAL GOVERNMENT ¢ 29.65.070 —158— necessary to determine the type and amount of equal value replace- ment land that would be required to obtain the board's concurrence, and shall propose the replacement land for consideration by the board. The replacement land shall thereafter be managed for the purposes for which the land selected by the municipality was acquired by the Territory and State of Alaska. (e) The notice provisions of AS 38.05.945 apply to the designation of other general grant land as school, university or mental health land in replacement of land selected under this section. The provisions of AS 38.50 do not apply to such designations under this section. (f) For purposes of determining the per capita entitlement under (a) of this section, the population of a municipality shall be the population determined by the commissioner under former AS 43.18.010 for the program year beginning July 1. 1978, for a municipality whose entitlement was determined under former AS 29.18.201 or 29.18.202. (¢ 17 ch 74 SLA 1985) 11116 Seo. 29.65.070. Selection and conveyance procedure. (a) If land selected by a municipality is unsurveyed at the time of approval. n U� the direcWr shall survey, or may approve the municipality's survey of. ,aJ the exterior boundaries of an approved selection without interior subdivision, and shall issue patent in terms of the exterior boundary survey., The coat of the survey shall be borne by the municipality. If land selected by a municipality has been surveyed at the time of its selection, the boundaries shall conform to the public land subdivisions established by the approved survey. ') (b) The diteeter may approve municipal selections of land that have been tentatively approved or patented to the state by the federal government btA;nW not issue patent W a municipality until the land hae frost baaa patented W the state. After approval of a selection by the director, but before patent to a municipality, the municipality may &=am-adnditional butes and make conditional sales only with the commo:af thidieetxor. Conditional sales and conditional leases made before July 1, 1978, do not requi-e the consent of the director. W I Q (c) Nothing in this chapter affects a valid existing claim, location. or entry under the laws of the state or the United States whether for homestead. mineral, right-of-way, or other purposes. Nothing in this chapter affects the rights of an owner, claimant, locater, or entryman to the full use and enjoyment of the land so occupied. is 17 ch 74 SL a 1985) —158— Kodiak Island Borough Public Hearing Item VI -C MEMORANDUM DATE: February 9, 1993 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 17, 1993 Regular Meeting CASE: 93-018 APPLICANT: Kodiak Island Borough REQUEST: Planning and Zoning Commission review of an exchange of property to an individual, in accordance with Chapter 18.80 of the Borough Code, of an unsubdivided parcel of land no larger than ten (10) acres in size, located in Monashka Bay, as partial compensation for land recently acquired by the Kodiak Island Borough. LOCATION: Within T27S R20W, Sections 13 & 24, Monashka Bay ZONING: C --Conservation Ten (10) public hearing notices were mailed on February 1, 1993. Date of Site Visit: BACKGROUND February 3, 1993 The purpose of this case is to review the possible disposal of Borough land to an individual as partial compensation for land acquired by the Kodiak Island Borough. This review is related to the recent acquisition and rezone by the Borough of Lot 2A -1A-1, Block 5, Miller Point Subdivision, which is adjoining -the Bayside Fire Station. This rezone of land to PL --Public Use Land zoning was reviewed by the Planning and Zoning Commission in November, 1992 (Case 92-037). The parcel of land requested in this case is an unsurveyed, unsubdivided parcel of land located along the shore of Monashka Bay near the end of Monashka Bay Road. Issues of land value have not yet been determined by the Borough Tax Assessor. The estimated size of the land to partially repay the land acquisition costs is estimated to be between 5 and 10 acres. A map has been Case 93.015 Page 1 of 12 P & Z: February 17, 1993 Public Hearing Item VI -C prepared by the Borough Drafting Technician to show the approximate location and size of the subject land. COMPREHENSIVE PLAN The Monashka Bay area is not specifically addressed in the original 1968 Kodiak Island Borough Comprehensive Plan. There are references contained in the plan that indicate that an extension of Monashka Bay Road to Otmeloi Point is anticipated in the future to provide road access for the community of Ouzinkie. The purpose of this extension would provide for better access between Kodiak and Ouzinkie and would make the extension of electrical service from the existing Kodiak Electric Association system more cost effective. According to the plan, the road extension would also increase opportunities for development of scenic overlooks and recreational development along the proposed road. This area is specifically referenced in the 1985 Monashka Bay Comprehensive plan. The site considered for disposal is primarily designated for business development, although the site could include some area to the north that is undesignated in the plan, depending on the size of the disposal. The Monashka Bay Comprehensive Plan recommends the following standards for business development: 1. Create a new business district that is primarily for "neighborhood commercial uses." services which meet the needs of the local residents. 2. Require all business to provide a buffer (preferably natural) adequate to mitigate the sight and noise of the business use. 3. Create a new "rural business" district that allows the business owner to have a single-family dwelling on the lot. The Monashka Bay Comprehensive Plan recommends the following standards for residential development: 1. lot areas not less than two acres in size unless public water and sewer are available; 2. prohibit rural residential lots from being clear-cut by requiring that at a minimum the standing timber and natural vegetation in the required side yard and rear yard setbacks be preserved; Caw 93-015 Page 2 of 12 P & Z: February 17. 1993 Public Hearing [tem VI -C 3. require residential subdivisions to dedicate useable acreage for neighborhood parks; 4. require residential subdivisions (where appropriate) to dedicate public access to and along the ocean, lakes, creeks, and streams. The goals and objectives of the Monashka Bay Comprehensive Plan are attached as additional background information. ANALYSIS The land may be somewhat constrained by the underlying geology. The overburden appears to be relatively shallow in this area which would inhibit the effectiveness of a typical on-site wastewater disposal system. In addition, the underlying geology may make it harder to develop a reliable on-site water system. The City of Kodiak has a water main running under the roadway from the Monashka Bay reservoir to town. The water transported in this system is untreated, however, and it is unlikely that business or residential developments would be allowed to tap into the system. The Monashka Bay area is a very desirable area to live, from an aesthetic standpoint. The scenic values are very high. The recreational and wildlife values are high as well. If this disposal is approved, the Monashka Bay area could become an exclusive residential area, physical constraints notwithstanding. Because the land has physical constraints, the future density of development in this area will necessarily be low. At one dwelling unit per five acres, a ten (10) acre parcel would provide adequate area for two dwelling units. Once development occurs in the Monashka Bay area, staff believes that the public will demand more land disposals in that area. If the Commission believes that the disposal is appropriate, staff recommends that the Commission view this disposal in the context of future land disposals and subdivisions that are likely to occur in the area. The Commission may also wish to consider this request in terms of a policy on infill development. There is no Borough policy on infill development at this time. Infill development is that development which occurs in existing subdivisions where municipal services and utilities are already in place. Infill development assists the provision of services and utilities by increasing the tax base through new development. The provision of services is usually more efficient because the new development shares in the maintenance of roads and utilities which have already been constructed. The vacancy rate of Case 93-015 Page 3 of 12 P & Z: February 17, 1993 Public Hearing Item VI -C private land in Monashka Bay subdivisions is about 30 percent, according to a recent water and sewer feasibility study. Land disposals outside of existing subdivisions will increase public interest for cheaper undeveloped land. This may focus development attention outside of existing subdivisions, thereby reducing the ability of the existing subdivisions to become more efficient by achieving an economy of scale. In lieu of a policy on the issue of infill development, staff would find in much easier to recommend a disposal of land within the existing subdivisions or at least contiguous with the existing community. The site is located well outside the existing fire service district that serves the Miller Point area. It is possible that a tap could be made on the water main in support of fire hydrants which do not require potable water. Monashka Bay Road is a state road. Maintenance of the road includes grading in the summer and snow plowing in the winter. Although the road does receive attention in the winter to provide access to the water reservoir at Monashka Creek, the road is not a high priority and is plowed only after other high priority roads have been cleared. The parcel under consideration is vegetated primarily with mature vigorous Sitka Spruce. The topography is well suited to development providing good access to the road and several level building sites overlooking Monashka Bay. The parcel presently provides a recreational amenity to the public with several trails across the site in addition to some undeveloped camping/picnic sites. There is even an old squatter cabin located on the edge of the cliff' overlooking Monashka Bay. The zoning of the tract under review is presently C --Conservation. The C -- Conservation zoning district permits low density residential development with a maximum density of one dwelling unit per five (5) acres. The zoning also permits accessory uses, including outdoor storage of fishing gear and agricultural uses. Resource extraction, lumber mills and sawmills and solid waste disposal sites are three of the nine (9) uses that may be permitted by conditional use permit in the C --Conservation zone. There is no provision in Borough Code to limit the clearing of trees or vegetation from the land. Many people drive out the Monashka Bay road for fishing, hunting, recreation and sightseeing trips. One of the benefits of this amenity is that it is so close Case 93.015 Page 4 of 12 P & Z: February 17. 1993 Public Hearing Item VI -C to town. At the present time there are no residential developments past Pillar Creek. The Alaska Department of Fish and Game maintains a watchman/supervisor dwelling at the Pillar Creek hatchery. If this disposal is approved, greater demand for business and residential lots in this area will be the likely result. If the Commission and Assembly believe that business and residential development is compatible with the aesthetic, recreational and habitat values of the surrounding area, then staff recommends that a larger scale disposal be considered. The parcel requested in this disposal could then be included in a planned subdivision. KIBCMP APPLICABLE POLICIES A review of the area under the applicable policies of the Kodiak Island Borough Coastal Management Plan is provided below: Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. An onsite wastewater disposal system is required, in accordance with the applicable Alaska Department of Environmental Conservation regulations. USE X71 t � . - Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes. The minimum lot area and setback requirements of the C --Conservation zoning district will insure that residential development of the site will be adequately separated from other uses that may develop in the area. Case 93-015 Page 5 of 12 P h Z: February 17, 1993 Public Hearing Item VI -C 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Yes. While coastal access along the shoreline does not appear to be feasible or prudent, there is a 50 foot public shoreline access reserved to the State of Alaska in the patent for this land. Development shall not occur in hazardous areas such as avalanche nunout zones, active floodplain, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run-up shall be required to the extent feasible and prudent. Consistent: Not applicable. This site is not located in a known hazardous area. 9 t. Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This request does not involve filling or draining of water bodies, floodways, backshores or natural wetlands. KIPCMP REVIEW The Kodiak Island Borough Coastal Management Plan groups land within the program boundary into three primary classifications, Development, Development with Restrictions, and Conservation. The three classifications are described as follows: DEVELOPMENT AREAS Case 95-015 Page 6 of 12 P & Z: February 17, 1993 Public Hearing Item VIL Development areas within the Kodiak Island Borough Coastal Management District are those areas where economic and coastal development are overriding objectives and are not subject to constraints created by geophysical hazards, biological resources, coastal habitat, recreation, land ownership, coastal access, and air/water quality concerns. Economic and coastal development are preferential uses for these areas, within the bounds of appropriate federal, state and local regulations. DEVELOPMENT WITH RESTRICTIONS Development with Restriction areas in the Kodiak Island Borough Coastal Management District are identified where coastal development may be subject to constraints created by biological resource needs, geophysical hazards, coastal habitat, subsistence, recreation, land ownership, coastal access, and air/water quality. No activities and development should necessarily receive preferential status in Conditional Development areas (for example, petroleum development always preferred to recreation). Activities and development within Conditional Development areas are subject to coordination with the Planning Department and appropriate state and federal agencies. The Coastal Management Program will identify potential constraints on activities and development within Development with Restrictions areas. CONSERVATION AREAS Conservation areas in the Kodiak Island Borough Coastal Management District have been identified based on overriding geophysical hazards, biological resource, subsistence, recreation, and air/water quality concerns. Activities and development within Conservation areas should be limited to nonconsumptive, nonintensive human use activities such as subsistence, recreation, and grazing (where permitted). Tables 4.17 and 4.18 (attached) show resource areas and volumes classified as Development with Restrictions and Conservation, and the resource maps and figures where they appear. Areas not classified as either are considered Development areas. CRITERIA FOR CONSISTENCY DETERMINATION Case 98.015 Page 7 of 12 P h Z: February 17, 1993 Public Hearing Item VI -C The Community Development Department will review proposed local, federal and state actions for consistency by considering the following factors. These factors will be used to determine whether the use or activity is a subject use, proper or improper use, water -dependent or water -related„ satisfies the district polices, and the relationship of the use or activity (as a guide) to the resource management area classifications. 1. Identify the specific location of the proposed action within the coastal zone. 2. Identify specific impacts of the proposed action on coastal resources, including: o Major changes in the manner in which land, water or coastal resources are used; o Major limitations on the range of uses of coastal resources; and o Major changes in the quality of coastal resources 3. Identify if the following resource areas will be significantly affected and use the management classifications for guidance in evaluating the proposed action: o Estuaries o Lagoons o Wetlands and Tideflats o Exposed High Energy Coasts o Anadromous Fish Streams o High Density - Harbor Seal o Cultural Sites o Water Fowl Concentrations and Seabird Colonies o Winter Habitat - Deer, Elk, and Goats o Known and Suspected Bear Denning Sites and Intensive Use Areas o Marine Wildlife Refuge Sites o Coastal Erosion Areas/High Wave Energy Coastline/Tsunami Runup Areas Case 93-015 Page 8 of 12 P & Z: February 17, 1993 Public Hearing Item VI -C o Landslide Areas o Faults o Recreation Resources o Lands Selected, But Not Conveyed o Subsistence Areas 4. Consistency with the policies spelled out in the Kodiak Island Borough Coastal Management Program. It should be emphasized that this process in no way precludes the need for compliance with 1) the Borough Zoning Ordinance, Subdivision Ordinance, Building Code, and other pertinent Borough land and water use controls; and 2) other applicable federal, state and local regulations. Issues to be considered in evaluating this rezone request include: Estuaries This tract is located along an estuary designated in the Coastal Habitat section of the KIB Coastal Management Plan. Future residential development at this site will not significantly impact the estuary if wastewater disposal systems associated with permitted development conform to Alaska Department of Environmental Conservation Regulations. Coastal development should minimize dredge and fill activities, discharge of effluents, obstruction of circulation and fish passage, and shoreline alteration. This tract is not located along a lagoon designated in the Coastal Habitat section of the KIB Coastal Management Plan. Wetlands and Tideflats This tract is not designated in an area of wetlands and tideflats. Exvosed High Energy Coasts This tract is located along an area identified as exposed high energy coast. If permitted development is constructed according the setback requirements of Case 93.015 Page 9 of 12 P & Z: February 17, 1993 Public Hearing Item VI -C the Kodiak Island Borough, the threat to residential development should be minimized. Anadromous Fish Streams This tract is not located near an anadromous fish stream identified in the KIB Coastal Management Plan. High Density - Harbor Seal This tract is not located in an area of high density harbor seal habitat. This tract is located in an area identified as a cultural site eligible for the National Register of Historic Places. Coastal developers should consult with the State Archaeologist before siting and constructing development to utilize proper mitigation measures. Water Fowl Concentrations and Seabird Colonies This tract is located along an area identified as a wintering area for waterfowl. This area is not identified as a nesting and molting area. There are no major seabird colonies in the vicinity of this tract. Winter Habitat - Deer. Elk. and Goats This tract is located in a low to medium density winter habitat area for deer. Logging, industrial, and residential development should minimize habitat loss to the extent feasible and prudent. Major construction should be scheduled to avoid winter concentrations of game. Known and Suspected Bear Denning Sites and Intensive Use Areas This tract is not located near a known or suspected bear denning site. This tract is not located in an intensive use area or along a fish stream attracting seasonal concentrations of bears. Marine Wildlife Refuge Sites This tract is not located near a marine wildlife refuge site. Case 93-015 Page 10 of 12 P & Z: February 17. 1993 Public Hearing Item VI -C Coastal Erosion Areas/High Wave Energy Coastline/Tsunami Runug Areas This tract is not located in an area identified as subject to coastal erosion. Wave energy along the shoreline is designated as high. This tract is located in an area designated as historically subject to tsunami. The tsunami runup of the 1964 Earthquake is estimated to be 20 feet. Most of the area identified for disposal in this request is well above the elevation that is vulnerable to tsunami runup. Landslide Areas This tract is not located in an area identified as susceptible to landslide in the KIB Coastal Management Plan. Faults This tract is not located close to a geological fault. It is noted in the plan however that the Kodiak Island Archipelago is, in general, a seismically active area. Recreation Resources This tract is located between Pillar Creek beach, which is designated in the KIB Coastal Management Plan as a proposed State recreation area, and the end of Monashka Bay Road, which is designated as a wayside park by the Kodiak Island Borough. There is clearly signs of recreational use of the site being reviewed. There are several trails, scenic overlooks and several undeveloped camp/picnic sites. The KIB Coastal Management Plan recommends that proposed development in existing and potential recreation areas should minimize impacts on recreation values and conflicts with recreation use. This tract has not been patented to the Kodiak Island Borough. The land is a tentatively approved (TA) conveyance. A TA is a conveyance of land without patent. The Borough has full and total management of the land. A boundary survey of the State land selection must be completed before patent can be conveyed. The Borough is required to obtain State permission prior to disposing of TA lands. Case 93.015 Page 11 of 12 P & Z: February 17, 1993 Public Hearing Item VI -C Subsistence Areas This tract is located in an area of subsistence/recreation hunting and fishing by the residents of Kodiak as designated in the KIB Coastal Management Plan. Coastal development should minimize impacts on subsistence resources and habitats through facility siting, design, and construction measures. RECOMMENDATION Staff recommends that the Commission forward this disposal request to the Kodiak Island Borough Assembly only if the Commission believes that future land disposals in this area are necessary and/or desirable. APPROPRIATE MOTION If the Commission believes that land disposals in the area around the parcel requested for disposal are necessary and/or desirable, the appropriate motion is: Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 93-015. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That. the disposal of a parcel of land along Monashka Bay, no larger than ten (10) acres in size, by exchange of property to an individual, in accordance with Chapter 18.80 of the Borough Code, is hereby recommended for approval by the Kodiak Island Borough Assembly. If the Commission Monashka Bay are should be denied. believes that land disposals in the area surrounding not necessary and/or desirable, the preceding motion Case 93-015 Page 12 of 12 P & Z: February 17, 1993 GOALS AND OBJECTIVES Goals and objectives are the expression of the desires of a community. They serve as the basis for decision—making and the formulation of a land use plan. The following goals and objectives are derived from the public input received during the planning process and responses from the community survey. A. LAND USE GOAL: To work towards eliminating existing conflicts in the land use patterns within the Monashka Bay area and to plan for low intensity development that preserves the land use integrity of the residential areas and concentrates commercial and industrial development in strategic locations. Objective: Establish zoning patterns to ensure that land use types are separated by natural and man—made boundaries that effectively buffer potentially conflicting land uses from each other. Objective: Maintain the scenic/secluded nature of Monaahka Bay residential neighborhoods. Objective: Promote the development of designated residential lots for residential use only. Objective: Discourage residential development that requires significant amounts of extraction and fill. Objective: Promote development that is consistent with the contours of the land. Objective: Designate areas for future residential development. Objective: Promote zoning regulations as a method of implementing these land use goals and objectives, and promote active zoning enforcement. Objective: Maintain the general pattern of existing land uses while providing suitable land use areas for expected community growth. MBP/4-85 w.13 � 3 18 Lw t �4 B. PUBLIC LANDS GOAL: To provide adequate public lands for the future use of the people of the Monashka Bay area and the Kodiak Island Borough in a manner consistent with the rural lifestyle in the area and the need for public facilities. Objective: Designate and develop public lands for hiking trails, beach access, beach/park areas, picnic areas, and a boat launch area with clearly identifiable markers. Objective: Acquire and develop neighborhood parks in existing residential areas and require dedication of neighborhood parks in new residential areas. Objective: Identify and preserve historic sites and area landmarks. Objective: Establish a trail system to include beach and stream access. Objective: Protect present Monashka Bay watershed areas and allocate public lands for future water and sewer needs. C. PUBLIC SERVICES AND FIRE PROTECTION GOAL: To identify public service needs and to promote the delivery of these services to meet the needs of area residents (e.g., dog control. police protection, road improvement and maintenance, and garbage removal). Objective: Objective: Upgrade and maintain existing roads year-round to accommodate local traffic. Promote the highest available standards of fire protection for all residents in the area. MBP/4-8519 Z l 3 19 D. ENVIRONMENTAL GOAL: To ensure that the natural environment of the Monashka Bay area is protected and enhanced by eliminating existing sources of environmental degradation and to discourage future actions by private and public entities that might adversely affect the environmental quality of the Monashka Bay area. Objective: Promote the conversion of the current Monashka Bay dump site to an Alaska Department of Environmental Conservation approved sanitary landfill site. Objective: Designate and develop public access to all shorelines and beaches currently in public ownership, when such access will not conflict with adjacent privately owned and used property. Objective: Require adequate protection for the watershed and water supply sources of the Monashka Bay area. Objective: Encourage and promote development through local and Borough ordinances that enhance natural land forms, existing vegetation, archaeological resources and other environmental resources of the Monashka Bay area. MBP/4-85 20 `' 3 18.80.010--18.80.030 Chapter 18.80 EXCHANGE OF REAL PROPERTY Sections: 18.80.010 Real property subject to exchange. 18.80.020 Procedure. 18.80.030 Agreements to exchange real properties. 18 80 010 Real property subiect to exchange. A. Real property acquired by the borough from the state may be exchanged for real property of equivalent value owned by a person. B. A request to exchange real property or interest therein shall not be authorized if it is not in the borough's best interest. (Ord. 78-7-0 §2(part), 1978. 18.80.020 Procedure. A. Real property considered for exchange shall be reviewed by the planning and zoning commission. The planning and zoning commission shall recommend to the assembly, by resolution, their recommendations regarding the exchange. B. The resolution shall set out: 1. The value or method for determining value of the real properties to be exchanged by the borough and the real properties to be received in exchange by the borough; 2. Evidence of marketable title of the real properties to be exchanged; 3. Recommended terms and conditions of the exchange including the responsibility for costs of surveys, appraisals, title search, and agreement preparation; 4. Alternatives considered. C. After receipt of the recommendations provided in subsections A and 8 of this section, the assembly may find the borough real property to.be exchanged is no longer required for municipal purposes and direct the exchange be consummated in a manner and by terse established by resolution, notwithstanding other provisions of this title. (Ord. 78-7-0 §2(part), 1978). 18 nn nar0 Acreements to eaehanae real properties. Conceptual approval say be given to the mayor by the assembly, to enter into exchange nepotiations prior to receiving the planning and zoning resolution required in Section 18.80.020. Any agreement reached in the negotiations shall be in writing and then presented to the planning and zoning coasission as required in Section 18.80.020 for appropriate action. (Ord. 84-61-0 §10(part), 1984; Ord. 78-7-0 §2(part), 1978). 18-22 (KIB 1/91) o`" f /b - P CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY THIS AGREEMENT, made and entered into the day and year hereinafter last written, by and between KODIAK ISLAND BOROUGH, a municipal corporation, of 710 Mill Bay Road, Kodiak, Alaska 99615, ("Buyer"), and MARK A. MAJDIC, a single man, of P.O. Box 4174, Kodiak, Alaska 99615 ("Seller"). This contract is subject to the approval of the Kodiak Island Borough Assembly under KIBC 18.10.010-040. W I T N E S S E T H: 1. Sale. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller that certain parcel of land, with the buildings and improvements on it, more particularly described as follows: LOT TWO "A" - ONE "A" - ONE (2A -1A-1), BLOCK FIVE (5), MILLER POINT ALASKA SUBDIVISION, containing 46,722 square feet, more or less, according to the plat application pending with the Planning Department of the Kodiak Island Borough, located within the Kodiak Recording District, Third Judicial District, State of Alaska. 2. Purchase Price. The Buyer agrees to pay for the Property the sum of Two Hundred Forty Thousand and No/100 Dollars ($240,000.00) as follows: (a) $20,375 as earnest money on the signing of this contract and approval by the Borough Assembly, by check subject to collection; (b) $50,000 by acknowledgement of receipt of a donation of $50,000 from Mark Majdic to the Kodiak Island Borough collected at closing; and (c) The balance of the purchase price, in the amount of One Hundred Sixty -Nine Thousand Six Hundred Twenty - Five and No/100 Dollars ($169,625.00), shall be evidenced by a promissory note, and shall include the following terms: (i) the unpaid principal balance of the promissory note shall bear interest at the rate of eight percent (8%) per annum from and after the date of closing; (ii) interest and principal shall be paid in full within ten (10) days of receipt of a written demand for payment from the Seller, provided, however, that the entire balance of principal and interest shall be paid in.full within two years from the date of closing; and (iii) the Seller retains the option to propose an exchange of real property pursuant to Kodiak Island Borough Code Chapter 18.10 in lieu of payment of any portion of the balance of the purchase price. Any exchange must be completed within two (2) years from the date of closing. Any exchange is subject to the approval of the Planning and Zoning Commission and the Borough Assembly, pursuant to the provisions of KIBC Chapter 10.80. 3. Exceptions to Title. The Premises are sold and are now to be conveyed subject to: CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY - 2 of record; and, (a) reservations, restrictions and easements (b) applicable zoning regulations and ordinances; (c) real property taxes and assessments for the current year. 4. Apportionments. The following items are to be apportioned as of the date of closing: (a) real property taxes for the year in which the closing takes place; (b) premiums on any policies of insurance accepted by Buyer from Seller; (c) rents, if such property is occupied by tenants at the date of the closing; and, (d) water and sewer charges. 5. Title. Within ten (10) days from the date this contract is signed, Seller shall deliver to Buyer a Preliminary Commitment for Title Insurance issued by a title insurance company acceptable to Buyer or his attorney, showing that the title of the Seller is good and marketable excepting only the items specified in Paragraph 4 hereof. If there are defects in the title, the Buyer shall notify the Seller in writing within fifteen (15) days after receipt of the Preliminary Commitment for Title Insurance, and the Seller, in good faith and with due diligence, shall proceed to cure such defects. CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY - 3 6. Rezoning and Subdivision Approval. This contract is subject to approval by the Planning and Zoning Commission and the Kodiak Island Borough Assembly of an application for rezoning the property to the PL -Public Use Lands District, or such other classification as will allow the use of the property as a fire training facility. This contract is also contingent on the approval of a subdivision application providing for the subdivision of Lot 2A-lA, Block 5, Miller Point Alaska Subdivision, according to Plat 91-19, by reducing the length of the northern boundary by approximately 50.62, in order to create Lot 2A -1A-1 containing 46,722 square feet. In the event that the parties are unable to obtain the rezoning and subdivision approvals referenced in this paragraph, the Seller shall refund to the Buyer the earnest money and any other funds paid on account of the purchase price, and this contract shall be considered canceled. 7. Risk of Loss. The risk of loss or damage to such property, until the delivery of the deed, is assumed by the Seller. 8. Possession. Possession of the Premises shall be delivered to the Buyer upon delivery of the deed. Time is of the essence of this contract. The property shall be cleared of any personal property and debris prior to closing. 9. Indemnification. The Seller shall forever protect, save and keep the Buyer, its agents, officers and employees, CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY - 4 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 directly or indirectly out of or in connection with the discharge of oil or any other hazardous substance upon the property, or in connection with the violation of any state or federal statutes or regulations relating to environmental pollution or hazardous substance release occurring on or before the date of delivery of the deed as set forth herein. 10. Assessments. All assessments for local improvements now liens or which may become liens prior to the closing, shall be paid by the Seller. 11. Expenses. All of the costs of this transaction shall be divided equally between the parties, including the fees for a title report, title insurance, recording fees, the fees for preparation and approval of a subdivision application, the attorney's fees for preparation of final closing documents, and any other expenses for a standard title company closing. 12. Deed. The deed shall be a warranty deed in statutory form, proper for recording, and shall be duly executed and acknowledged so as to convey to Buyer the fee simple of the premises, free of all encumbrances except as herein stated. 13. Date and Place of Closing. The deed shall be delivered upon receipt of the payment of the purchase price as herein provided at the offices of Western Alaska Land Title CONTRACT FOR BALE OF REAL PROPERTY AND RECEIPT FOR EARNEST HONEY - 5 Company, at Kodiak, Alaska, at a time set by mutual agreement of the parties not later than March 31, 1993. 14. Default by Seller. In the event the Seller is unable to convey title in accordance with the terms of this contract, the Seller shall refund to the Buyer the earnest money and any other funds paid on account of the purchase price, and shall pay all costs incurred in preparing and securing Preliminary Commitment for Title Insurance and all legal fees. Upon such refund and payment being made, this contract shall be considered canceled. 15. Default by Buyer. In the event the Buyer defaults hereunder, any monies paid under this contract shall be retained as liquidated damages; and in such event neither party shall be further liable to the other and this contract shall be deemed null, void and of no force and effect. 16. Surviving Covenants. No provision of this contract survives the delivery of the deed except as expressly provided. Acceptance of the deed shall be an acceptance of performance of all of the obligations of the Seller hereunder except such as may be expressly stated to survive the delivery of the deed. 17. Notice. All notices, payments or deliveries to be made under this contract shall be effectively made if delivered to either party in person or sent by certified or registered mail with charges prepaid to the Seller or to the Buyer at the respective address set opposite each signature of this agreement, or to such CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY - 6 other address as either party from time to time may furnish in writing to the other party. 18. Binding Effect. This contract shall extend to and be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto. 19. Representation by Attornev. Seller expressly understands and acknowledges that the law firm of Jamin, Ebell, Bolger & Gentry, selected by Buyer to draft this agreement and advise Buyer in regard to this transaction, exclusively represents Buyer and Buyer's interests. Seller further acknowledges that he has been advised to seek independent assistance of counsel regarding this transaction, and, by executing this agreement, Seller acknowledges that he has either sought independent assistance of counsel or has elected to proceed with this transac- tion without independent assistance of counsel. 20. Entire Agreement. This contract constitutes the entire agreement between the parties. 21. Construction. This agreement shall be construed and enforced in accordance with the laws of the state of Alaska. All parties have had the opportunity to consult with their attorneys. Accordingly, the rule of construction that a document is construed most strictly against the drafter of the document shall not apply in construction nor interpretation of this agreement. CONTRACT FOR BALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY - 7 IN WITNESS WHEREOF, this contract has been signed, sealed and delivered this li�7 day of November, 1992. BUYER: ADDRESS KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak, Alaska 99615 ATTEST: onna Smith Borough Clerk' ADDRESS -L•:!SLi By: J46ome Selby, Ma SELLER: 'Mark Maj STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the5�'�of November, 1992, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared JEROME SELBY, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument as Mayor of the KODIAK ISLAND BOROUGH and acknowledged to me that the same was signed in the name of and for and on behalf of said municipality, freely and voluntarily and by authority of its Assembly for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal the day and year last above written. otary Public in nd for Alaska y Commission Expires: 9-1 q.5 CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY - 8 STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss. THIS IS TO CERTIFY that on the a154 day of November, 1992, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared MARK MAJDIC, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument and acknowledged to me that the same was signed freely and voluntarily as a free and voluntary act, with full knowledge of its contents, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal the day and year last above written. IX tary Public and for Alaska Commission Ei res: 4702\339D.001 CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY - 9 ITEM NO. 12.A.3. Kodiak Island Borough AGENDA STATEMENT Meeting of: November 5, 1992 Contract No. 92-46 ITEM TITLE: Contract Award - Baler Strapping Wire SUMMARY STATEMENT Bids were solicited for 40,000 pounds (Annual Supply) for the purchase of Baler Strapping Wire. A bid tabulation sheet is attached for your review. Apparent low bidder is Davis Wire Corporation. Recommend to award the contract for the purchase of 40,000 pounds of Baler Strapping Wire to Davis Wire Corporation of Kent, WA in an amount not to exceed $15,736.00. FISCAL NOTES [I N/A Expenditure Amount Required $15.736.00 Budgeted $15,736.00 APPROVAL FOR AGENDA: Mayore�&� ' RECOMMENDED ACTION: Move to award Contract No. 92-46 to Davis Wire Corporation of Kent, WA in an amount not to exceed $15,736. co CD CD C> C> no 0 z J N Y C) O a O Fw E M w D Of P4 a w U H x a M N 0 E U O i i i I I i i i i �I i I i i i i I i i i I i i 0 0 M n H a a wU� wE Ho $ m 44 V1 ri H r1 Q r I I it