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1990-24 Authorizing the Disposal of Borough Property for Fair Market Value by Easement.By: Mayor Selby Introduced: 04/05/90 Adopted: 04/05/90 KODIAK ISLAND BOROUGH RESOLUTION 90-24 A RESOLUTION AUTHORIZING THE DISPOSAL OF BOROUGH PROPERTY FOR FAIR MARKET VALUE BY EASEMENT WHEREAS, Section 18.20.030 of the Borough Code requires the review of each disposal of Borough real property by the Planning and Zoning Commission; and, WHEREAS, Section 18.20.170 of the Borough Code defines "disposal" as any transfers of real property including easements; and, WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public hearing on this disposal by easement; and, WHEREAS, the Planning and Zoning Commission has determined that this proposal is in compliance with Borough Codes, specifically Titles 17 and 18, and the Kodiak Island Borough Coastal Management Program. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that approximately twenty-five (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision is presently surplus to the Borough's needs and authorizes that it be made available for disposal by easement for fair market value to the owners of Lot Resolution No. 90-24 Page 1 of 2 14D-2, Block 7, Bells Flats Alaska Subdivision, subject to the following four (4) conditions: (1) The applicant is responsible for providing an as - built survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser; and (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns; and (4) Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. PASSED AND APPROVED THIS 5th DAY OF APRIL, 1990. ATTEST: KODIAK ISLAND BOROUGH /'� 2BVouTghMayor_ . Officer Resolution No. 90-24 Page 2 of 2