1973-01 Approving The Gene Wadsworth Vacation Of Lots 6, Block 1, Miller Point Ak Sub, U.S.S. 3462, & Of The Replat Of The Same To Lots 6A And 6B, Block 1, Miller Point Subdivision, U.S.S. 3462)
i i
Page One, RESOLUTION NO. 73 -1 -R
KODIAK ISLAND BOROUGH
RESOLUTION NUMBER 73 -1 -R
A RESOLUTION OF THE BOROUGH ASSEMBLY OF THE KODIAK
ISLAND BOROUGH PURSUANT TO CHAPTER 5, SUBCHAPTER 4, SECTION 6
OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES AND RESOLUTIONS
APPROVING THE GENE WADSWORTH VACATION OF LOT SIX (6), BLOCK ONE
AND OF THE
MILLER
OF THE SAME ITOS S
LOTS SIX A (6A)� AND O SIX 4 B 2 (6B) ,
BLOCK ONE (1), MILLER POINT ALASKA SUBDIVISION, U. S. SURVEY NO.
3462
WHEREAS, Chapter 5, Subchapter 4, Section 6 of the
Kodiak Island Borough Code of Ordinances and Resolutions provides
'
that a vacation and replat, and a final plat, shall be approved by
the Borough Assembly by Resolution, which Resolution shall
provide for the acceptance of all streets, alleys, easements and
II
other open spaces dedicated to public purposes, and
WHEREAS, GENE WADSWORTH has presented for approval
his vacation and replat of Lot Six 6 B
Six ( 6), lock One (1), Miller
1 Point Alaska Subdivision, U. S. Survey No. 3462, and the
replatting of the same into Lots Six A (6A) and Six B (6B),
Block One (1), Miller Point Alaska Subdivision, U. S. Survey No.
3462, and
WHEREAS, the Planning and Zoning Commission of the
Kodiak Island Borough held a public hearing on said vacation and
replat on the 21st day of June, 1972 at the hour of 7:30 o'clock
p.m., at which time all persons interested were invited to be
heard, and after which hearing the Kodiak Island Borough Planning
and Zoning Commission inquired into and determined the merits of
the relief prayed for and moved for the approval of the vacation
and replat, which Motion was adopted unanimously, and thereafter
and on the 23rd day of August, 1972, the Kodiak Island Borough
Planning and Zoning Commission approved the final plat of the
vacation and replat of Lot Six (6), Block One (1), Miller Point
Alaska Subdivision, with the stipulation that since the building
r
1H) 1 l I l i 5
sits about two (2) feet over MR. WADSWORTH's property line on
property owned by the State of Alaska, and the State of Alaska
will not release this additional land at this time, MR. WADSWORTH
should agree, and has agreed and stipulated, that on completing
a Contract of Sale he would make arrangements with the new
owner agreeing to move the building if it should become necessary,
which approval was passed by unanimous roll call vote.
WHEREAS, the Borough Assembly at their regular meet-
ing of January 4, 1973, reviewed the final plat and moved that
a stipulation be added that the encroachment must be removed
prior to resale, which motion passed by unanimous roll call vote.
1
presented by GENE WADSWORTH of Lot Six (6), Block One (1),
Miller Point Alaska Subdivision, U. S. Survey No. 3462 as re-
platted to Lot Six A (6A) and Six B (68), Block One (1), Miller
Point Alaska Subdivision, U.S. Survey No. 3462, the plat prepared
by ROY A. ECKLUND, Registered Land Surveyor, SUBJECT TO THE
. EXPRESS CONDITION that prior to resale, the encroachment on
State Land will be cleared, either by moving the building or by
purchasing additional land, the Buyers, SPENCER P. and MARY L.
FALCON, agree to have said moving done at their own expense and at .
no cost to the Borough, and agree to indemnify and save the
1 Borough harmless, said agreement to be endorsed upon and made a
part of the plat and signed by the parties aforesaid, and all
streets, alleys, easements and other open sapces shown on said
1
replat, be and the same are hereby approved, accepted and dedicat -
1 ed to public purposes.
PASSED AND APPROVED THIS 1st DAY OF FEBRUARY, 1973.
NOW, THEREFORE, BE IT RESOLVED that the Kodiak
Island Borough Assembly grant approval to the vacation and replat
ATTEST:
Acting Borough Clerk
KODIAK ISLAND BOROUGH
BY
Borough Chairman
0 icer
BY,_z
Presiding