FY2008-02 Disposal of Borough LandKODIAK ISLAND BOROUGH
RESOLUTION NO. FY2008 -02
Introduced by: Manager Gifford
Requested by: Manager Gifford
Drafted by: CDD Staff
Introduced: 07/05/2007
Adopted: 07/05/2007
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
DECLARING SURPLUS TO BOROUGH NEED A PORTION OF TRACT A,
U.S. SURVEY 3463, TO ALLOW FOR THE DISPOSAL FOR FAIR MARKET VALUE
OF A 30 FOOT WIDE NON - EXCLUSIVE ACCESS AND MAINTENANCE EASEMENT
TO SERVE LOTS 1A, 1B, AND 2A, BLOCK 6, MILLER POINT ALASKA SUBDIVISION FIRST
ADDITION, AND AUTHORIZING THE BOROUGH MANAGER TO NEGOTIATE
THE EASEMENT 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 an interest in 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 land subject to a
development plan; and
WHEREAS, the Planning and Zoning Commission determined by resolution that certain land in
Tract A, U.S. Survey 3463 is surplus to the borough's need;
NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY
THAT:
Section 1: A 30 foot wide portion of Tract A, U.S. Survey 3463, as described in the Planning
and Zoning Commission Resolution dated April 18, 2007 and further described in the staff report
for Case 07 -022, which has historically provided access to Lots 1A, 1B and 2A, U.S. Survey
3463 is hereby declared surplus to borough need and authorized for disposal by a non - exclusive
easement to the petitioner for fair market value.
Section 2: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough
Manager to negotiate with the petitioner Wallace Fields, subject to the stipulations contained in
Section 3 below and other relevant provisions of KIBC Title 18.
Section 3: The Assembly hereby acknowledges the recommendation of the Planning and
Zoning Commission in its resolution forwarded to the Assembly:
1. The disposal of a 30 foot wide non - exclusive access easement to serve Lots 1A, 1B
and 2A, Block 6, Miller Point Subdivision First Addition will be surveyed and recorded
by the petitioner as a 20 foot wide easement for driveway access and an additional
five (5) foot maintenance easement on each side centered along the existing
driveway alignment.
2. The petitioner shall arrange for the disposal area to be surveyed and easement
documents suitable for recording prepared which shall be subject to the approval of
the Borough Manager.
Kodiak Island Borough, Alaska Resolution No. FY2008 -02
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3. The petitioner shall arrange for an appraisal of the easement area (based on the
survey data and conditions referenced above) and submit that information to the
Borough Manager for review and approval prior to recordation of the easement.
ATT . T:
bits
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF JULY, 2007
Nova M. Javier, CMC, Borou erk
■
KODIAK ISLAND BOROUGH
Jer
M. Selby, Borough M
Kodiak Island Borough, Alaska Resolution No. FY2008 -02
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