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1989-59 Authorizing the Disposal of an Underground Cable TV Easement Across Borough Land to Island Cable TV.By: Mayor Selby Introduced: 9/07/89 Motion died: 9/07/89 rA KODIAK ISLAND BOROUGH , RESOLUTION NO. 89-59-R A RESOLUTION AUTHORIZING THE DISPOSAL OF AN UNDERGROUND CABLE T.V. EASEMENT ACROSS BOROUGH LAND TO ISLAND CABLE T.V. WHEREAS, Section 18.20.030A of the Borough Code requires the review of each disposal of borough real property by the Planning 8 Zoning Commission; and WHEREAS, Section 18.20.170 of the Borough 66e defines "disposal" as any transfer of real property; and WHEREAS, Section 18.20.100A requires all property disposals to be for the fair market value of the interest dispo�^01.unless otherwise provided for by the Borough Code; and N - WHEREAS, the Planningand Zoniindb Commission has determined that this proposal is consistent with the BorougWgode, specifically Titles 17 and 18 and the Kodiak Island Borough CoastAPUnagement Program; and -r WHEREAS, the Planning aVZohing Commission is recommending that the Borough Assembly authori a a,.dis g y posal by easement of Borough property described as a portion jI.L4 1, U.S. Survey 2539 to allow the joining of Bells Flats Alaska SuWvlsion and Russian Creek Alaska Subdivision by a coaxial tel 617�n cable: NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly authori7o6s the disposal of an easement across Borough property legally describes as a portion of Lot 1, U.S. Survey for fair market value subject to the fp loofwing conditions: 1. The applicant shall obtain certification by the Alaska Public Utilities Comgl "kn of public utility status. 2. The applicant shall obtain written approval by the Alaska Departtnent of Transportation and Public Facilities for the use of the Russian Creek material site. 3. All other federal, state, and local requirements pertaining to ;`crossing a creek must be adhered to. Island Cable TV must pay the Borough the fair market value for the easement as determined by the Borough Assessor. Resolution No. 89-59-R 5. The applicant shall coordinate all cable installation activities in the easement and adjacent road rights-of-way with the Womens Bay Road Service District. 6. The applicant shall provide the Borough an as -built survey of the easement. I PASSED AND APPROVED THIS 7th DAY OF SEPTEMBER, 1989. Kodiak IsI41.Eorough Borough Mayor ATTEST: Borough Clerk .r G Resolution No. 89-59-R IsFZilding Officer