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FY2007-11 6,000 Square Foot Portion of Borough Land (Lot1A-3, U.S. Survey 3465)KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -11 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: CDD Staff Introduced: 11/02/2006 Postponed: 12/07/2006 Adopted: 01/18/2007 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING SUPLUS TO PUBLIC NEED ORIG A 6,000 SQUARE FOOT PORTION OF BOROUGH LAND (LOT1A -3, U.S. SURVEY 3465) LOCATED ADJACENT TO LOT 1, U.S. SURVEY 3466 AND AUTHORIZING THE BOROUGH MANAGER TO NEGOTIATE DIRECTLY WITH THE PETITIONERS WHEREAS, KIB code 18.20.120 allows the Borough Assembly to authorize the Borough Manager to negotiate directly with parties interested in acquiring Borough land; and WHEREAS, KIB Code 18.20.060 allows citizens to apply for disposal of Borough land; and WHEREAS, KIB Code 18.20.090 allows citizens to bid for disposal of Borough subject to a development plan; and WHEREAS, the Planning and Zoning Commission determined by resolution that certain land in Lot1A -3, U.S. Survey 3465 is surplus to the public's need; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: That a 6,000 square foot portion of Lot 1A -3, U.S. Survey 3465, as described in the amended request of the petitioners, adjoining their residential dwelling unit on Lot 1, U.S. Survey 3466, is hereby declared surplus to the public's need an authorized for disposal to the adjoining landowner for full and true market value. Section 2: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough Manager to negotiate with the petitioners Bob and Earlene Berg, subject to the stipulations contained in Section 3, below, and other relevant provisions of KIBC Title 18. Section 3: The Assembly hereby affirms and restates the stipulations that were recommended by the Planning and Zoning Commission in its recommendation to the Assembly: 1. The parcel of land shall be appraised in accordance with KIBC 18.20.130 as part of the disposal. The appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. Kodiak Island Borough, Alaska Resolution No. FY2007 -11 Page 1 of 2 2. The petitioners shall arrange for having the disposal area surveyed and subdivided from Lot1A -3, U.S. Survey 3465 and consolidated with Lot 1, U.S. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. 3. Prior to final approval of the subdivision the petitioners shall obtain approval of a rezone for the disposal area from PLAT - Public Use Land to RR1 -Rural Residential One, in accordance with the procedure set forth in KIBC 17.72. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF JANUARY 2007 Nova Javier, CMC,,i3orough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -11 Page 2 of 2