HomeMy WebLinkAbout01112022 Planning & Zoning Meeting - CANCELLEDPlanning and Zoning Commission
Regular Board Meeting
v y'7 n
January 11, 2022
7:00 P.M. City Hall Council Chambers, 410 Adams Street
The City of Seward, Alaska
SEWARD PLANNING AND ZONING COMMISSION
REGULAR MEETING AGENDA
January 11, 2022 7:00 p.m. Council Chambers
Vacant 1. CALL TO ORDER
Chair
Term February, 2023 2. PLEDGE OFALLEGIANCE
Tom Swann 3. ROLL CALL
Vice Chair
Term February, 2022
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
Gary Seese ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
Commissioner signed in will be given the first opportunity to speak. Time is limited to 3 minutes
Term February, 2022 per speaker and 36 minutes total speaking time for this agenda item.]
Craig Ambrosiam 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
Commissioner of Consent Agenda passes all routine items indicated by asterisk (*). Consent
Term February, 2022 Agenda items are not considered separately unless a commissioner so requests. In
the event of such a request, the item is returned to the Regular Agenda]
Nathaniel Charbonneau
Commissioner 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term February, 2024
A. Proclamations and Awards — None
Vanessa Verhey
Commissioner
Term February, 2023 B. City Administration Report
Clare Sullivan C. Election of Chair and Vice Chair
Commissioner
Term February, 2024 D. Presentations — None
Janette Bower
City Manager
Jason Bickling
Community
Development Director
Taryn Oleson-Yelle
(R&M)
City Planner
Brenda Ballou
City Clerk
City of Seward, Alaska Planning & Zoning Commission Agenda
January 11, 2022 Page I
7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all
speakers have spoken, a person may speak for a second time for no more than one (1) minute.]
A. Resolutions Requiring Public Hearing
None
8. UNFINISHED BUSINESS
None
9. NEW BUSINESS
A. Resolution 2022-001 of the Planning and Zoning Commission of the City of Seward,
Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lot 7A,
Fort Raymond Subdivision Replat No. 1 Creating Two Lots; Lot 7A and Lot 7B; Creating
a 20' by 20' Access Easement on Lot 7A, Fort Raymond Subdivision Replat No. 2.
................................................................................................ Page 3
B. Other New Business Items
1.Approve the December 7, 2021 Regular Meeting Minutes ...................... Pg. 56
10. INFORMATIONAL ITEMS AND REPORTS [No Action Required]
A. 2022 Planning & Zoning Meeting Schedule.
B. City Calendars
11. CITIZEN COMMENTS [There is no sign in for this commentperiod. Time is limited to five (5) minutes
per speaker.]
12. BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
13. ADJOURNMENT
City of Seward, Alaska Planning & Zoning Commission Agenda
January 11, 2022 Page 2
Sponsored by: Applicant
Public Hearing: January 11, 2022
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2022-01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, Recommending Kenai Peninsula
Borough Approval of the Preliminary Replat of Lot 7A, Fort Raymond
Subdivision Replat No. 1 Creating Two Lots; Lot 7A and Lot 7B; Creating a
20' by 20' Access Easement on Lot 7A, Fort Raymond Subdivision Replat No.
2.
WHEREAS, Chugachmiut, in coordination with the City of Seward, has submitted a
preliminary plat to the City of Seward for review and recommendation to the Kenai Peninsula
Borough; and
WHEREAS, this replat creates two new parcels, Lot 7A and Lot 7B by subdividing Lot
7A, Fort Raymond Subdivision Replat No. 1, also known as 2109 Dimond Boulevard, Seward,
Alaska; and
WHEREAS, the Seward City Council approved a Purchase and Sale Agreement in
September 2021 for Chugachmiut to purchase new Lot 7B; and
WHEREAS, the parcel is zoned Auto Commercial; and
WHEREAS, the property currently has access to municipal road, water, sewer, and
electric; and
WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat
approval, were met; the property owners within 300 feet of the requested replat were notified of
the proposed subdivision, and the property was posted with public notice signage; and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an
advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding
subdivision plat proposals.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission hereby recommends that, in accordance with Seward City
Code Section 16.01.015 (B), the City Council and Kenai Peninsula Borough approve the
submittal of the Replat Of Lot 7A, Fort Raymond Subdivision Replat No. 1 Creating Two
Lots; Lot 7A and Lot 7B; Creating a 20' by 20' Access Easement on Lot 7A, Fort Raymond
Subdivision Replat No. 2.
Seward Planning and Zoning Commission
Resolution No. 2022-001
Page 2 of 2
Approval of the Replat shall be subject to the following conditions:
1. Amend the plat to create unique lot names, such as 7A-1 and 7A-2.
2. Add the following easements to the plat: Public Utility Easement recorded as Document
No. 2011-000792-0, the 40-foot Water Easement shown on Plat No. 87-12, and the 200-
foot radius well easements for wells 1 and 2.
3. Resolve with the City of Seward, Public Works Department, the need for easements to
cover existing and proposed underground sewer and water lines within the subdivision.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 1 lth
day of January, 2022.
THE CITY OF SEWARD, ALASKA
Craig Ambrosiani, Presiding Officer
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
P&Z Agenda Statement
Meeting Date: January 11, 2021
Through: Jason Bickling, Community Development Director
From: Taryn Oleson-Yelle AICP (R&M), Planner
Agenda Item: Recommending City Council and Kenai Peninsula Borough Approval
Of The Preliminary Replat Of Lot 7A, Fort Raymond Subdivision
Replat No. 1 Creating Two Lots; Lot 7A and Lot 7B; Creating a 20' By
20' Access Easement on Lot 7A, Fort Raymond Subdivision Replat No.
2.
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the City Council and the Kenai
Peninsula Borough Planning Commission is a preliminary replat submitted by DOWL on behalf of
Chugachmiut, in coordination with the City of Seward. This platting action creates two new parcels,
Lot 7A and Lot 7B by subdividing Lot 7A, Fort Raymond Subdivision Replat No. 1 (Parcel ID
1445502607, Plat 87-12), located at 2109 Dimond Boulevard in Seward.
This platting action also creates a 20' by 20' access easement at the southeast corner of Lot 7A to
allow a driveway to extend from Dimond Boulevard to Lot 7B. Dimond Boulevard is currently a
dead-end road, and this replat will not result in Dimond Boulevard connecting to the Seward
Highway. Lot 7B will have primary access off Aspen Lane to the south, secondary access off
Dimond Boulevard via the proposed access easement, and will no longer take access off the Seward
Highway.
Chugachmiut requested this replat to purchase the new Lot 7B, Fort Raymond Subdivision from the
City of Seward to construct a new health clinic on the property. The Seward City Council approved
a Purchase and Sale Agreement in September 2021. The new Lot 7A, Fort Raymond Subdivision
would be retained by the City of Seward.
In accordance with Borough requirements, the City must review and comment on a plat before
submittal to the Borough for approval.
SUBDIVISION REVIEW:
Zoning: The property is zoned Auto Commercial.
Size: The existing Lot 7A is 11.043 acres. The replatted Lot 7A would be 7.732 acres, and Lot 7B
would be 3.311 acres.
Utilities: This Lot is currently served by City water, sewer, electricity, and fire hydrants. All utility
lines are underground. There are existing easements on the proposed Lot 7A and 7B. No new, on -
site streets will be dedicated per this plat, so new street lighting will not be installed.
Existing- Use: The existing Lot 7A currently does not contain any buildings, except for a small
wellhouse to the north and some concrete slabs from small buildings that have been demolished to
the south. The lot has gravel parking areas and driveways.
Access: Lot 7A can currently be accessed from Aspen Lane to the south, the Seward Highway to
the southeast, and Dimond Boulevard to the northeast. The proposed Lot 7B will no longer take
access from the Seward Highway. Instead, the primary access will be from Aspen Lane, and
secondary access would be provided by new driveway off Dimond Boulevard via a 20' by 20'
access easement.
Flood Zone: Lot 7A, Fort Raymond Subdivision Replat No. 1 is not in a flood zone.
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council 2017):
Vol 1, Ch 2.2.6 - The Comprehensive plan encourages supporting
medical health care professionals relocating to Seward.
Vol 1, Ch 2.2.7 - Approve resolutions of support for endeavors and
projects of various organizations and individuals which benefit the
1.
community.
X
Vol 1, Ch 2.2.11 - Promote infill development by encouraging and
promoting construction on vacant sites in areas of the city which are
already established.
Vol 1, Ch 3.7.1.5 - Support expansion and modernization of health
care facilities.
2
Strategic Plan (1999):
X
"Maintain and enhance medical and social services" (page 19).
Staff Comments:
Department
Comments
No
N/A
Comment
Building Department
Building permits and dig
permits etc. are required prior
to construction
Fire Department
X
Public Works
There are still easements needed
Department
for Sewer and Water lines. One
active sewer linefirom the
Department
Comments
No
N/A
Comment
Electric plant runs down
through most of the sale
property. The other one will
serve all new development to the
north.
Harbor Department
X
Police Department
X
Electric Department
There are still easements needed
for Sewer and Water lines. One
active sewer line from the
Electric plant runs down
through most of the sale
property. The other one will
serve all new development to the
north.
Telecommunications
X
Public Comment:
Property owners within three hundred (300) feet of the proposed platting action were notified of this
public hearing. Public notice signs were posted on the property and all other public hearing
requirements of Seward City Code § 15.01.040 were complied with.
At the time of this publication the Community Development Department has received no public
inquiries. If any correspondence is received after publication of this agenda statement, it will be
presented as a lay down item at the Commission meeting.
RECOMMENDATION: Commission approval with conditions of Resolution 2022-01,
recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of
Lot 7A, Fort Raymond Subdivision Replat No. 1 Creating Two Lots; Lot 7A, and Lot 713; Creating
a 20' Access Easement on Lot 7A to Lot 7B, Fort Raymond Subdivision Replat No. 2.
This approval is subject to the petitioner's application, narrative, submittals and the plans on file at
the Community Development Department, provided the following conditions of approval are met:
1. Amend the plat to create unique lot names, such as 7A-1 and 7A-2.
2. Add the following easements to the plat: Public Utility Easement recorded as Document No. 2011-
000792-0, the 40-foot Water Easement shown on Plat No. 87-12, and the 200-foot radius well
easements for wells 1 and 2.
3. Resolve with the City of Seward, Public Works Department, the need for easements to cover
existing and proposed underground sewer and water lines within the subdivision.
Community Development/ Planning & Zoning
238 Fifth Avenue, Seward, Alaska 99664 •(907) 224-4048 • (907) 224-4020
or email: planning@cityofseward.net
PRELIMINARY PLAT SUBMITTAL FORM
OPRELIMINARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required)
PHASED PRELIMINARY PLAT PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION
All requirements of Seward Code Title 16 apply and must be met.
SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed.
PROPERTY INFORMATION:
legal description Lot 7A, Fort Raymond Subdivision (Replat No. 1. Parcel ID 14502607)
Section, Township, Range Sec. 34, T1 N, R1 W, SM
General area description 2109 Dimond Boulevard in Seward
City Seward I Total Acreage 11.043
SURVEYOR
Company: DOWL
Contact Person: LaQuita Chmielowski
Mailing Address: 4041 B Street
City, State, Zip Anchorage, AK 99503
Phone: 907-562-2000
e-mail: Ichmielowski(a)_dowl.com
PROPOSED WASTEWATER AND WATER SUPPLY
WASTEWATER on site 0 City WATERF—]on site 0 City
SUBMITTAL REQUIREMENTS
A oreliminary plat application will be scheduled for the next available Planning and Zoning meetine after
a complete application has been received.
QElectronic file of Plat and
QPreliminary plat NON-REFUNDABLE submittal fee $75.00-
QCertificate to plat for ALL parcels included in the subdivision
QDocumentation showing proof of signatory authority (partnerships, corporations, estates, trusts,
etc.)
❑ Public Notice Sign(s) Posted on property - Citystaff will contact you to pick up sign
EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning
commission, with substantial evidence justifying the requested exception and fully stating the
grounds for the exception request, and the facts relied upon, MUST be attached to this submittal.
1. 2. 3.
APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature
sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC,
partnership, etc., documentation is required to show authority of the individual(s) signing.
Contact KPB staff for clarification if needed.
OWNER(s)
Name (printed): DOWL for City of Seward
Signature:
Phone: see appended
e-mail: Ichmielowski dowl.com
Name (printed): Signature:
Phone: e-mail:
Name (printed): Signature:
Phone: e-mail:
FOR OFFICE USE ONLY
RECEIVED BY DATE SUBMITTED Receipt #
The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the
following:
1.
Within the title block:
Not applicable
The required
to my plat.
information has
been shown/noted.
a.
Name of the subdivision which shall not be the same as an
existing city, town, tract, or subdivision of land in the
borough, of which a plat has been previously recorded, or
X
so nearly the same as to mislead the public or cause
confusion;
b.
Legal description, location, date, and total area in acres of
the proposed subdivision; and
X
G.
Name and address of owner(s), as shown on the KPB
records and the certificate to plat, and registered land
X
surveyor;
2.
North point;
X
3.
The location, width and name of existing or platted streets and
public ways, railroad rights -of -way, and other important features
such as section lines or political subdivisions or municipal
X
corporation boundaries abutting the subdivision;
4.
A vicinity map, drawn to scale showing location of proposed
subdivision, north arrow if different from plat orientation, township
and range, section lines, roads, political boundaries, and prominent
X
natural and manmade features, such as shorelines or streams;
5.
All parcels of land including those intended for private ownership
and those to be dedicated for public use or reserved in the deeds
for the use of all property owners in the proposed subdivision,
X
together with the purposes, conditions, or limitations of reservations
that could affect the subdivision;
6.
The names and widths of public streets and alleys and easements,
existing and proposed, within the subdivision;
X
7.
Status of adjacent lands, including names of subdivisions, lot lines,
block numbers, lot numbers, rights -of -way; or an indication that the
X
adjacent land is not subdivided;
8.
Approximate locations of areas subject to inundation, flooding, or
storm water overflow, the line of ordinary high water, wetlands
when adjacent to lakes or non -tidal streams, and the appropriate
X
study which identifies a floodplain, if applicable;
9.
Approximate locations of areas subject to tidal inundation and the
mean high water line;
x
10.
Block and lot numbering approximate dimensions and total
numbers of proposed lots;
x
11.
The approximate location of known existing municipal wastewater
and water mains, and other utilities within the subdivision and
immediately abutting thereto
X
12.
Contours at suitable intervals when any roads are to be dedicated
unless the planning director or commission finds evidence that road
grades will not exceed 6 percent on arterial streets, and 10 percent
X
on other streets;
13.
Approximate locations of slopes over 20 percent in grade and if
contours are shown, the areas of the contours that exceed 20
X
percent grade shall be clearly labeled as such;
14.
Apparent encroachments, with a statement indicating how the
encroachments will be resolved prior to final plat approval
X
Subdivision Name: Lot 7A, Lot 7B, Fort Raymond Subdivision (Replat No. 2)Date 12/13/2021
City of Seward
PO Box 167
Seward, Alaska 99664
November 19, 2021
Mr. Jason Bickling
Director
Community Development Department
City of Seward
238 Fifth Avenue
Seward, AK 99664
City Manager's Office
Janette Bower, City Manager
Phone: 907-224-4012
Email: ibower@citvofseward.net
Mr. Scott Huff
Platting Manager
Planning Department
Kenai Peninsula Borough
144 N. Binkley Street
Soldotna, AK 99669
Subject: Letter of Authorization: Lot 7A, Fort Raymond Subdivision Repaat
Dear Mr. Bickling and Mr. Huff:
The City of Seward owns the property at 2109 Dimond Boulevard (Lot 7A, Fort Raymond
Subdivision, Parcel ID 1445502607) in Seward, located between Dimond Boulevard and
Aspen Lane on the west side of the Seward Highway. Chugachmiut has coordinated with
the City of Seward about purchasing a portion of the property and is therefore pursuing
a replat of Lot 7A.
On behalf of the City of Seward, I authorize Chugachmiut and their representatives to
submit land use and planning actions for the above referenced land. If you have any
questions, please contact me at your convenience.
Sincerely,
Janette M. Bower
City Manager
Valdez
Tatitlek
Eyak
Chenega Prince Gulf of Alaska
Qutekcak William Sound
Part Graham
Nanwalek Chugachmiut
Na
November 19, 2021
Mr. Jason Bickling Mr. Scott Huff
Director Platting Manager
Community Development Department Planning Department
City of Seward Kenai Peninsula Borough
238 Fifth Avenue 144 N. Binkley Street
Seward, AK 99664 Soldotna, AK 99669
Subject: Letter of Authorization: Lot 7A, Fort Raymond Subdivision Replat
Dear Mr. Bickling and Mr. Huff:
The City of Seward owns the property at 2109 Dimond Boulevard (Lot 7A, Fort Raymond
Subdivision, Parcel ID 1445502607) in Seward, located between Dimond Boulevard and Aspen
Lane on the west side of the Seward Highway. Chugachmiut has coordinated with the City of
Seward about purchasing a portion of the property and is therefore pursuing a replat of Lot 7A.
On behalf of Chugachmiut, I authorize DOWL to act on our behalf as petitioner submitting land
use and planning actions for the above referenced land. The City of Seward also provided
authorization via a separate letter. If you have any questions, please contact me at your
convenience.
Sincerely,
law
Angela Vanderpool
Executive Director
jan(a,chugachmiut.org
1840 Bragaw Street Suite 1 10 / Anchorage, AK 99508-3463 / (907) 562-4155 / Fax (907) 563-2891
A Tribal Organization Serving the Chugoch Native Peoples of Alaska
TAMAMTA PIGPET
"All of Ours"
I e - TiTI IN
December 14, 2021
W.O. 1132.63415.01
Mr. Jason Bickling
Director
Community Development Department
City of Seward
238 Fifth Avenue
Seward, AK 99664
Subject: Preliminary Plat Application Narrative
Lot 7A, Fort Raymond Subdivision
Dear Mr. Bickling:
On behalf of Chugachmiut, DOWL has prepared the following application for Lot 7A, Fort
Raymond Subdivision within the City of Seward (Replat No. 1, Parcel 14502607, Plat 87-12,
located at 2109 Dimond Boulevard):
Plat to subdivide the existing Lot 7A, Fort Raymond Subdivision into the proposed new
Lot 7A, Fort Raymond Subdivision and Lot 7B, Fort Raymond Subdivision
The following easements will be included as part of this platting action, in order to
provide driveway access to the proposed Lot 7B from Dimond Boulevard:
o Access Easement located on Lot 7A, Fort Raymond Subdivision (Replat No. 2).
This easement would be created by document. The 20-foot by 20-foot easement
is designed for a driveway to extend from Dimond Boulevard to Lot 7B. It is
important to note that Dimond Boulevard is currently a dead-end road and it is
our understanding that there are no plans to extend the roadway to connect with
the Seward Highway (see appended preliminary plat and sketch).
o Utility Easements: Utility easements will be coordinated with the utility companies
as needed.
o A plat note will exclude access to the Seward Highway from Lot 7B.
The existing Lot 7A is currently owned by the City of Seward. The purpose of this plat is to
subdivide the lot into two separate lots to allow the proposed Lot 7B to be purchased by
Chugachmiut, which plans to construct a new health clinic on the property. The City Council
approved a Purchase and Sale Agreement (see appended). The sale may not proceed until the
platting process is complete.
In addition to this application narrative, this submittal package includes the preliminary plat
drawing and a sketch of the proposed access easement and driveway (see final two pages).
Letters of authorization from the petitioner and the City of Seward as the Owner, the Purchase
and Sale Agreement from the City, additional contextual maps, and a current Certificate to Plat
(including the underlying plat) are also included.
The existing Lot 7A currently does not contain any buildings, with the exception of the City's
small wellhouse to the north and some concrete slabs from small buildings that have been
demolished to the south. The lot has gravel parking areas and driveways. The site is accessed
907-562-2000 800-865-9847 (fax) 4041 B Street Anchorage, Alaska 99503 www.dowl.com
Mr. Bickling
City of Seward
December 14, 2021
Page 2 of 4
from Aspen Lane to the south, the Seward Highway to the southeast, and Dimond Boulevard to
the northeast. It is important to note that the proposed Lot 7B will no longer take access off of
Seward Highway. The property would be accessed off of Aspen Lane, and secondary access
would be provided by a new driveway off of Dimond Boulevard via an access easement that
would be 20-feet by 20-feet on the southeast corner of the new Lot 7A. A letter of concurrence
from City Manager Janette Bower for secondary driveway access taken from Dimond Boulevard
is included in this submittal.
As noted above, it is our understanding that there are no plans to extend Dimond Boulevard,
currently a dead-end road, due to the sharp angle at which it would intersect with the Seward
Highway. The shape and size of the access easement proposed in this plat is designed such
that the secondary driveway would extend from the end of Dimond Boulevard, minimally
crossing the new Lot 7A. A driveway is not part of this plat approval; it would be further
designed later to meet any applicable standards.
City of Seward Conditions to Plat Approval
a. No preliminary or final plat for the subdivision or resubdivision of land located within the
city limits shall be approved by the city unless all of the required improvements set forth
in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in
the manner described in section 16.05.015.
1. Streets. All streets located within a subdivision subject to the requirements of this
title shall be not less than 50 feet in width and shall be gravel -surfaced according
to city specifications.
This subdivision creates two lots out of one larger lot. On -site right-of-way dedication is not
anticipated since both parcels are adjacent to existing ROW.
2. Telephone and electric lines. All new telephone and electric lines shall be
installed underground, unless found to be impractical by the city planning and
zoning commission and affirmed by the city council, and in accordance with
specifications of the appropriate utility companies and the city.
There are existing underground electric easements and infrastructure on the proposed Lot 7A
and Lot 7B. This condition is met.
3. Water system. Where the city water system will service the area covered by the
plat or proposed plat, the subdivider shall provide the water system in
accordance with the specifications established by the city planning and zoning
commission and affirmed by the city council. Fire hydrants shall be provided to
standards established by the American Waterworks Association and shall be a
brand specified by the city. The subdivider shall not be required to drill individual
wells.
The site is served by the city water system and service lines extend into the site to serve the
various buildings. This standard is met.
Mr. Bickling
City of Seward
December 14, 2021
Page 3 of 4
4. Sewer system. Where the city sewer system will service the area covered by the
plat or proposed plat, the subdivider shall provide the sewer system in
compliance with all applicable state and federal health and environmental laws
and regulations.
There is city sewer adjacent to the project site to serve the parcel and sewer service lines
extend across the site to provide service. This condition is met.
5. Street lighting. Street lighting shall be installed in accordance with the
requirements of the city.
This plat will subdivide one parcel into two. The site is bounded by the Seward Highway, Aspen
and Dimond Boulevard. No new on -site streets will be dedicated per this plat, so new street
lighting will not be installed. This condition is met.
b. No preliminary plat of city -owned property maybe submitted to the Kenai Peninsula
Borough planning commission for approval without the prior consent of the city council.
The applicant is coordinating with the City to subdivide the parcel in order to purchase the
proposed Lot 7B from the City of Seward. As the City Council already approved the appended
Purchase and Sale Agreement, the preliminary plat will be submitted to the Kenai Peninsula
Borough following the Planning and Zoning Commission hearing. The application to the Kenai
Peninsula Borough will include the Purchase and Sale Agreement and Planning and Zoning
Commission meeting minutes.
c. Public posting. The applicant shall post the property subject to the application with public
notices as provided by the city at least ten days before the date of the required public
hearing. Such notices shall be placed so as to be visible from each improved street
adjacent to the property. The applicant is responsible for removing the posted notices
within five days after the hearing is completed. Failure to properly post notices is
grounds for deferral or denial of the application. No one except the applicant, an agent of
the applicant, or the city shall remove or tamper with any such required posted notice
during the period it is required to be maintained under this paragraph.
Noted; the property will be posted with public notices provided by the city for the period
specified in this title.
d. Proof of posting. Before the public hearing, the applicant shall submit to the city an
affidavit signed by the person who posted the notice or caused the posting to be done
that the notice was posted as required by this section.
Noted; the affidavit of posting will be submitted to the city prior to the public hearing.
e. Notification of neighboring property owners. A notice of preliminary plat review shall be
mailed not less than ten days prior to the meeting review date to the owners of record on
the Kenai Peninsula Borough assessor records of real property within 300 feet of the
periphery of the parcel affected by the proposed plat.
Mr. Bickling
City of Seward
December 14, 2021
Page 4 of 4
Noted; the neighboring property owners will be mailed notices as specified in this title.
f. A plat submitted to create a single parcel through the vacation of interior lot lines shall be
exempt from subsection (c), public posting, (d), proof of posting and (e), notification of
neighboring property owners.
Noted; this item is not applicable to this plat.
Kenai Peninsula Borough Platting Process
Following the approval of this preliminary plat by the City of Seward Planning and Zoning
Commission, an application will be submitted to the Kenai Peninsula Borough including the
Planning and Zoning Commission meeting minutes. Since not more than four lots will be
created, legal street access is provided, and the plat does not require dedication of right-of-way,
the Abbreviated Plat Procedures will be followed.
We appreciate your thoughtful consideration of our application package. If you have questions
or need additional information or clarification, please contact me at (907) 562-2000 or at
Ichmielowski(a)-dowl.com.
Sincerely,
DOWL
LaQuita Chmielowski, P.E., LEED° AP
Senior Land Use Planning Manager
Attachment(s): As stated
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement ("Agreement") is made as of �- /3, 2021 between
Chugachmiut ('"Buyer'), and the City of Seward ("City"), organized as a first-class home -rule
municipality under the laws of the State of Alaska.
Purchaser and City agree as follows:
1. Purchase and Sale:
Subject to the terms and conditions of this Agreement, the City agrees to sell and Purchaser agrees to
purchase good and marketable fee simple title to the real property described as follows (the
"Property"):
3.31-acres located at T 1N R 1W Sec 34 Seward Meridian SW 0870012 Fort
Raymond Sub Replat No 1 Lot 7A with the Physical Address of: 2101
Dimond Blvd, in Seward, Alaska.
The final legal description is subject to plat approval by the parties and responsible agencies and subject
only to the "Permitted Exceptions" as defined in Section 5 below.
The Property will be legally described as set forth in the final plat approved by The City and Purchaser,
and properly recorded in the appropriate recording district prior to Closing.
2. Purchase Price and Payment Terms:
The purchase price for the Property shall be Six Hundred Sixty -Three Thousand Five Hundred
($663,500.00) dollars, which is fair market value determined by appraisal. Purchaser will pay a deposit
of Ten Thousand dollars ($10,000.00) (the "Earnest Money" or "Deposit") to the Escrow Agent
described in Section 4 with Purchaser's delivery of this signed Agreement to the City. After all other
terms and conditions of this Agreement have been satisfied, including completion of all contingencies
in Section 8 to Purchaser's sole satisfaction, the balance of the purchase price shall be due to the City
at Closing. Under the municipal charter and code of ordinances of Seller, the City resolution required
to approve this Agreement will be effective 30 days following adoption of such resolution, except as
provided in Section 3.
a. In addition to payment of the purchase price, Purchaser shall pay the costs and fees
associated with subdividing and platting the Property from the larger parcel of which
it is currently a part. including but not limited to survey expense, filing and application
fees, certificate to plat costs, title insurance and recording fees; provided, that
Purchaser shall only be responsible for paying fees and/or charges for services and
other items that are actually ordered directly or approved in advance by Purchaser.
Should the sale fail to close for any reason, the City will not reimburse Purchase for
costs related to the platting process, except as provided in Section 3.
3. Referendum:
Under the charter and code of Seller, the resolution approving this Agreement may be subject to a
referendum and the City Council's sale approval may be voided. Nothing in this Agreement shall affect
Chugachnaiut Purchase and Sale Agreement Page 1 of 8
or reduce the rights of the voters of the City of Seward to reject the City Council's approval of this
Agreement by referendum. In the event a referendum petition is timely filed and accepted, Seller shall
provide written notice of acceptance to Purchaser at the time the petition is accepted. Purchaser agrees
that it shall have no rights under this Agreement unless and until a resolution is approved by the voters
of the City of Seward. Based on the burden and delay inherent in a Referendum, Purchaser shall have
the option of canceling this Agreement by providing written notice to the City no later than thirty (30)
days after the Referendum petition is approved, with the City returning Purchaser's Earnest Money
and prompt reimbursement by Seller of all of Purchaser's reasonable, third -party costs actually
incurred by Purchaser in connection with the subdivision and replat, if a referendum petition is
approved. Purchaser shall not be entitled to any damages or other relief against the Seller in the event
the voters void the Council's resolution. If the resolution approving this Agreement is voided by such
referendum action, this Agreement shall terminate, the Deposit shall be promptly returned to Purchaser,
and platting costs returned, within 10 days of the formal certification of the referendum vote, and
neither party shall have any further obligation hereunder.
4. Closing:
The parties shall cause an escrow (the -Escrow") to be established with First American Title Company
of Alaska - Seward Office ("Escrow Agent"). Consummation of the sale (the "Closing") shall take
place through the Escrow at the offices of the Escrow Agent; or such other place as the City and
Purchaser agree upon in writing. The City and Purchaser shall be given One Hundred Eighty (180)
days from the effective date of the resolution approving this Agreement to complete the subdivision
and platting process required to close this transaction. The parties shall agree in writing on the specific
date of Closing. In the event this transaction is not closed within One Hundred Eighty (180) days of
the effective date of the resolution approving this transaction, this Agreement shall tenninate unless
extended. Purchaser shall have one extension as a matter of right, for 60 days, by issuing written notice
to the City. Any other extension must be agreed to in writing by both parties.
Notwithstanding the foregoing, if this transaction will close, then the City and Purchaser shall cause
the following to occur at the Closing:
A Quitclaim Deed conveying the Property (including after acquired title) to Purchaser, duly executed
and acknowledged by the City, shall be recorded in the Records of the Seward Recording District,
Third Judicial District, State of Alaska.
a. Purchaser shall pay to the City the price set forth in Section 2 of this Agreement.
b. The title company shall issue to Purchaser the title insurance policy described in
Section 7 of this Agreement.
5. Title:
The City will deliver to Purchaser, at Purchaser's expense, within ten (10) days of mutual execution of
this Agreement a commitment for title insurance (the "Preliminary Commitment"} preliminary to the
issuance of the title policy referred to in Section 7 of this Agreement, together with copies of all
underlying exceptions described in the Preliminary Commitment. The Property is to be sold and
conveyed subject to: (a) the condition that title to the Property is vested solely in the City and in the
Chtigachnihd Purchase and Sale Agreement Page 2 of 8
City's name prior to closing. and (b) reservations, restrictions and easements as disclosed in the
Preliminary Commitment and approved by Purchaser. Purchaser shall be entitled to object to any
exceptions stated in the Preliminary Commitment by delivering written notice to the City and Escrow
Agent on or before fifteen (15) days after the receipt of the Preliminary Commitment, supplemented
with the copies of the underlying exceptions described therein, which notice shall specify the matters
to which Purchaser objects. if Purchaser objects to any such matters, the City shall have fifteen (15)
days after receiving written notice from Purchaser to attempt to eliminate the matters to which
Purchaser has objected or to cause Escrow Agent to insure over said matters. The City shall notify
Purchaser in writing, within the fifteen (15) day period, if the City is unable or unwilling to eliminate
said matters or cause Escrow Agent to insure over said matters. Purchaser may then elect, by written
notice to the City and Escrow Agent, either to waive the objectionable matters and proceed to Closing
or to terminate this Agreement and receive a refund of the Deposit, and the parties shall have no further
obligations to each other under this Agreement. The parties agree that, promptly after the recordation
of the plat for the Property, the Escrow Agent shall update the Preliminary Commitment to reflect the
Property as the Property to be insured under the title policy. With respect to such update, and with
respect to any other amendments or updates to the Preliminary Commitment that occur prior to Closing,
if there are any exceptions or matters not previously disclosed to which Purchaser objects, Purchaser
may then elect to object to said matters as provided above; to terminate the Agreement and receive a
refund of the Deposit; or waive the objectionable matters and proceed to Closing. Purchaser shall have
the right to extend closing to address new or amended exceptions.
Permitted Exceptions: Notwithstanding the immediately preceding paragraph. Purchaser may not
object to any of the following title matters: reserved mineral rights; and rights reserved to federal
patents. All items to which Purchaser does not object under the immediately preceding paragraph, plus
all items described in this paragraph, are referred to herein as "Permitted Exceptions".
6. Deed:
Title to the Property shall be conveyed to Purchaser by a Quitclaim Deed (the "Deed") duly executed
by the City and recorded at the Closing. The Deed shall be in the form and content acceptable to the
City and Purchaser.
7. Delivery of Title Policy.
At Closing, or as soon as practical thereafter, the City shall cause to be delivered to Purchaser the
owner's title insurance policy required by this Agreement, which policy shall insure Purchaser's fee
simple interest in the Property in the amount of the Purchase price, and which shall contain no
exceptions other than the general exclusions and exceptions common to the form of policy issued, and
the Permitted Exceptions.
S. Closing Costs:
All Closing costs of the transaction, unless otherwise provided in this Agreement. shall be divided as
follows:
Chngachniird Ptirchase and SaleAgreenrent Page 3 of 8
The City shall pay the following Closing costs:
a. Any outstanding or pending assessments or liens
b. City's attorney fees and costs
C. City's cost of appraisal (McSwain's fee)
d. Real Property taxes will be prorated to date of closing and if applicable, paid
through escrow
Subject to Section 2 above, Purchaser shall pay the following Closing costs:
a. All recording fees
b. All document preparation fees
c. All escrow closing fees
d. Owner's standard coverage title insurance described herein (Required)
e. Any ALTA title insurance policies desired by Purchaser (Optional)
f. All Purchaser's attorney fees and costs
g. Cost of Purchaser's appraisal, Commitment fees, points, and financing costs
h. Real Property taxes if any; will be prorated to date of closing and, if applicable, paid
through escrow
Notwithstanding the above, if the escrow fails to close due to the default of one patty, the defaulting
party shall pay any escrow and title policy cancellation fees.
Except for items in Section II, from the date of mutual acceptance of this Agreement until Closing,
Seller agrees to maintain the Property in its present condition.
9. Seller's Conditions Precedent:
The parties acknowledge that the City's obligation to close on the purchase of the Property shall be
subject to the following:
a. Receipt of approval by Purchaser of Purchaser's inspection of the Property not revealing any
basis upon which Purchaser timely terminates this Agreement as provided in paragraph 10 below
b. Approval of this Agreement by the Seward City Council, and, if a timely referendum petition
is filed, approval by voters in a referendum election
C. No litigation or other claim which has any probability or reasonable likelihood of
success, challenges or controverts the Purchaser's action to acquire the Property.
d. Completion by Purchaser and the City of all items necessary to subdivide and plat the
Property to be purchased.
Purchaser to pay all amounts required by this Agreement
Clrrrgrrchmiuf Purchase and Sale Ag1'eentent Page 4 of 8
10. Inspection:
Purchaser, its agents and contractors, were provided with a Right of Entry on April 19, 2021 which
gave Purchaser reasonable access to the Property to conduct such tests and inspections as Purchaser
deems appropriate; provided, Purchaser gave the City reasonable notice of Purchaser's intention to
access the Property. If Purchaser reasonably determines from the inspections or testing that any
condition of the Property does not meet Purchaser's satisfaction, Purchaser shall have the right within
thirty (30) days after the effective date of this Agreement to object to such matter by delivering written
notice to the City specifying the matters to which Purchaser objects. To the extent that any objection
is curable, the City shall have twenty (20) days after receipt of the written notice to cure the deficiency,
at The City 's expense and to Purchaser's satisfaction, or negotiate an acceptable resolution with the
Purchaser. Unless Purchaser has agreed to proceed as a result of the City's cure or other agreed -upon
resolution, Purchaser may elect, by written notice to the City, to waive the objectionable matter and
proceed to Closing, negotiate a different, written resolution with the City, or to terminate this
Agreement. If this Agreement is terminated by Purchaser, the Deposit shall be returned to Purchaser
and the parties shall have no further obligation to each other under this Agreement.
11. Property Condition:
The parties acknowledge that the value and use of the Property will be determined in part through an
environmental assessment and review process, to be undertaken at Purchaser's option and expense. If
Purchaser, based on research, inspection, sampling, environmental testing or similar reliable data,
determines that the Property is not acceptable to Purchaser due to contamination, spills, pollution,
hazardous or toxic substances or waste. Purchaser shall have the option of terminating this Agreement
prior to Closing. In that event, Seller agrees to return 100 percent of the Earnest Money to Purchaser,
and the parties shall have no further obligation to each other under this Agreement. If the sale closes,
Purchaser will be responsible for subsequent acts or omissions causing pollution, contamination,
hazardous conditions, or hazardous substances after closing, but shall not assume liability of prior
owners or users of the property.
The City expressly makes no warranties as to the physical condition of the Property and all inspection
obligations rest with the Purchaser.
Except as provided above, Purchaser acknowledges that Purchaser has inspected the Property and
accepts the same "as -is" and without reliance on any expressed or implied representations or warranties
of the City or agents of the City, as to the actual physical condition or characteristics thereof of the
Property. Provided, however, that nothing in this Section 11 waives Purchaser's rights or remedies
under AS 46.03.822(l).
Purchaser shall provide at its oven cost, on -site sewer and water and fire protection.
12. Remedies:
a. If Purchaser (a) fails, without legal excuse, to complete the purchase of the Property,
or (b) otherwise defaults under this Agreement, the City shall be entitled to retain the
$10,000.00 deposited by Purchaser with the Escrow Agent pursuant to Section 2.a
Chugachinhil Purchase and Sale Agreenrent Page 5 of 8
above, and such retention by the City of this $10,000.00 Deposit shall be the sole and
exclusive remedy available to the City for such failure or default by Purchaser;
provided, however, Purchaser shall remain responsible to pay its portion of
subdivision and platting costs owed to the City or third parties and Purchaser shall not
be reimbursed by the City for any subdivision and platting costs already paid by
Purchaser, unless specifically provided otherwise herein. The City otherwise waives
all claims for damages from Purchaser.
b. If the City fails, without legal excuse, to complete the sale of the Property, then the
Deposit shall be returned to Purchaser, and City shall be responsible for reimbursing
any subdivision and platting costs paid by .Purchaser. The City's return of the
$10,000.00 Deposit to Purchaser and reimbursement of any subdivision and platting
costs paid by Purchaser, shall be the sole and exclusive remedy available to Purchaser
for such failure or default by the City.
13. Costs and Fees:
If either party institutes suit concerning this Agreement, the prevailing party (if any) as determined by
the court shall be entitled to its reasonable attorneys' fees and costs.
14. Waiver:
No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the City
or Purchaser of a breach of any covenant of this Agreement shall be construed as a waiver of any
preceding or succeeding breach of the same or any other covenant or condition of this Agreement.
15. Assienment:
This Agreement is binding on the heirs, successors, and assigns of the parties, but shall not be
voluntarily assigned by either party without prior written consent of the other party, which consent
shall not be unreasonably withheld.
16. Commissions:
Each party represents and warrants to the other that it has not engaged the services of any broker, finder
or other person who would be entitled to any commission or fee in respect to the subject matter of this
Agreement and each shall indemnify the other against any loss, cost, liability or expense incurred by
the other as a result of any claim asserted by any such broker, finder or other person on the basis of
any brokerage or similar arrangement or agreement made or alleged to have been made.
17. Notices:
No notice, consent, approval or other communication provided for herein or given in connection with
this Agreement shall be validly given, made, delivered or served unless it is in writing and delivered
personally, sent by overnight courier or sent by registered or certified United States mail, postage
prepaid, with return receipt requested to:
Seller: City of Seward
Janette Bower, City Manager
P.O. Box 167
Chtigachmiut Pui-chase and Stile Agreement Page 6 of 8
Seward, Alaska 99664
Purchaser: Chugachmiut
Angela J. Vanderpool, Executive Director
1840 Bragaw Street, Suite l 10
Anchorage, Alaska 99508
or to such other addresses as either party may from tirne to time designate in writing and deliver in a
like manner to the other party. Notices, consent, approvals, and communications given by mail shall
be deemed delivered upon the earlier of three days after deposit in the United States mail in the manner
provided above or immediately upon delivery to the respective addresses set forth above, if delivered
personally or sent by overnight courier.
18. Entire Agreement:
This document and its attachments contain the entire Agreement between the parties. It may not be
modified except in writing and signed by all parties.
19. Construction of Agreement:
The captions of the paragraphs of this Agreement are for convenience only and shall not govern or
influence the interpretation hereof. This Agreement is the result of negotiations between the parties
and, accordingly, shall not be construed for or against either party regardless of which party drafted
this Agreement or any portion thereof.
20. Surviving Covenants:
The provisions of this Agreement shall survive the delivery of the Deed.
21. Time is of the Essence:
Time is of the essence of this Agreement.
22. Exclusive Agreement:
This Agreement shall constitute an exclusive arrangement between the parties. Tile City shall not
market, sell, negotiate for the sale of; or convey the Property to any other person, provided that
Purchaser has not delivered notice that it will not close due to an unsatisfied condition.
23. Controllin Law _aw and Venue:
This Agreement shall be governed by, construed under and enforced in accordance with the laws of
the State of Alaska, and venue for actions between the parties arising out of or related to this Agreement
shall be in the Alaska Superior Court, Third Judicial District, Anchorage, Alaska.
24. Further Assurances:
Whenever requested to do so by the other party, the City or Purchaser promptly and expeditiously shall
execute, acknowledge and deliver any and all such conveyances, assignments, confirmations,
satisfactions, releases, instruments of further assurance, approvals, consents and any and all further
instruments and documents as may be reasonably necessary, expedient, or proper in order to complete
any and all conveyances, transfers, sales, and assignments herein provided, and to do any and all other
Chugachnuut Purchase and Sale Agreement Page 7 of 8
reasonable acts and to execute, acknowledge and deliver any and all documents as so reasonably
requested in order to carry out the intent and purpose of this Agreement, including but not limited to
subdividing and platting the tract containing the Property and the parcel to be the Property..
25. Possession:
Purchaser shall receive possession of the Property at the closing and recording of the Quitclaim deed.
Executed this day of LS
2021
Buyer:
CHUGACHMIUT
C�
Angela J. Van rpool, Executive Director
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT)
The foregoing instrument was acknowledged before me this ofj� 2021 by
Angela J. Vanderpool, Executive Director of an Alaska nonprofit corporation, on behalf of
Chugachmiut.
($0 — —
GEORGiNA SUMSTAD
Notary Public
t' State of Alaska
rt.•, ;_omn'ission Expires May 27, 2025
Seller:
CITY OF SEWARD
Jan Bower, City Manager
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT)
AU17/h I
Notary Ptffilic in an or Alaska
My Commission Expires: t2-7 00ZS
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The foregoing instrument was acknowledged before me this this � 0.A of 2021
by Janette Bower, City Manager of the City of Seward, an Alaska municipal corporation, on
behalf of the City.
(Sea. JACKIE C. 1= ILDE
Notary Public
State of Al i,-a
My G!'MrPiss"On Ev"r es Aug 12, ? i
Jackie C. fide- Notary Public in and for Alaska
My Commission Expires: August 72. 2022
Chugachmiut Purchase and Sale Agreeineirt Page 8 of 8
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First American
To: DOWL
4041 B Street
Anchorage, AK 99503
Attn: Kate Silber
CERTIFICATE TO PLAT
FirstAmerican Tit/e Insurance Company
PO Box 469 / 500 Adams St, Ste 100
Seward, AK 99664
Phn - (907)224-5272
Fax - (907)224-5281
Order No.: 0227-3860327
Plat: Replat Lot 7A FORT RAYMOND S/D,
REPLAT NO. 1
Fee: $500.00
This is a Certificate as of November 09, 2021 at 8:00 A.M. for a proposed plat of the following described
property:
Lot 7A, FORT RAYMOND SUBDIVISION REPLAT NO.1, according to the official plat thereof, filed
under Plat No. 87-12, Records of the Seward Recording District, Third Judicial District, State of
Alaska
The Company certifies that title is vested in:
CITY OF SEWARD
free from all liens, encumbrances and objections EXCEPT AS FOLLOWS:
1. Reservations or exceptions in patents or in acts authorizing the issuance thereof.
2. Taxed due the Kenai Peninsula Borough, if any.
3. Rights of the public and/or governmental agencies in and to any portion of the above described real
property lying within any roadway or public easement areas.
4. Terms, reservations, conditions and provisions contained in the Quitclaim Deed from the State of
Alaska as herein noted,
Recorded: March 2, 1967
Recording Information: Book 31D at Page 5
Said Quitclaim Deed, among other things, reserves all oil, gas and other minerals together with the
privileges, mining and drilling rights and immunities.
Note: Title to the mineral estate, as it pertains to said reservation, has not been further searched and
no insurance is provided under this policy.
And Release of Condition in Deed,
Recorded: October 4, 1982
Recording Information: Book 27 at Page 75
FirstAmencan Title
Order No.: 0227-3860327
Page No.: 2 of 3
And Waiver Reversionary Interest/Release in Deed
Recorded: October 13, 1997
Recording Information: Book 87 at Page 863
And Release of Public Purpose and Conditions Reserved in Deed
Recorded: April 8, 2004
Recording Information: Serial No. 2004-000620-0
The effect of the notes which appear on the plat of said subdivision. (Copy Attached)
6. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached)
7. Right of Way Easement, including the terms and provisions thereof, granted to City of Seward, and
its assigns and/or successors in interest, to construct, operate and maintain an electric transmission
and/or telephone distribution line or system by instrument
Recorded: July 19, 1022
Recording Information: Serial No. 2011-000792-0
Affects: The North 10 feet; and the North 260 (plus/minus) feet of the
West 10 Feet
8. Kenai Peninsula Borough Planning Commission Resolution 2012-36 including the terms and provisions
thereof.
For Among other things, vacate the 200 foot radius water well easement
for City Well #3 (Granted on Plat 86-10 and shown on Plat 87-12)
Recorded September 19, 2012
Serial No. 2012-001050-0
This report is restricted to the use of the addressee, and is not to be used for closing any transaction
affecting title to said property. Liability of the Company is limited to the amount of fee paid herein.
FirstAmerican Title Insurance Company
Kristi A. Larson, Title Officer
FirstAmencan Title
Order No.: 0227-3860327 Page No.: 3 of 3
Limitation of Liability for Informational Report
IMPORTANT - READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A
REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL
OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY
FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT
OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER
PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN TITLE
INSURANCE COMPANY'S PRIOR WRITTEN CONSENT. FIRST AMERICAN TITLE INSURANCE COMPANY
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM
ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS -
IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR
THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN TITLE INSURANCE
COMPANY'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO
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COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF
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FirstAmencan Title
11
a
s U Z T C L A I H REED
THIS-MaiTIRE, made and entered into this -21st day -of February,
1967, by and between the.State of Alaska, party .of the first part, aaa the
CITY CF SD.�ARD, a csnicinality organized a existing pursuant to, the laws of
the State of Alaska, party of the second part.
tili:;ESSn—,LH, that the party of the first part, in coasideratioz of
the sum of One Dollar ($1.00), lawful money of the United States and other
good and valuable consideration, the receipt whereof is hereby ackao-,wledd-Zed,
does hereby remise, release, and quitclaim unto the parry of the second part,
its successors and assigns forever, all that lot, piece or parcel of land
situate, lying and being in the Seward Recording District, described as
follows:
Lot 2 in Tract B of Bouadary Location Survey of U- S.
Survey Nos. 149 and 242 as per ADL Survey Plat Ho. 3-20,
within Towaaship 1 North, Range 1 West, Seward Haridiia,
containing 22.923'acres more or less.
Subject to the following Rights of Way:
ADL 26281 - Power Line Easement 30 feet in width.
gLu, Power Pro"ject No. 2171, 100 feet in width.
'nights of way for any existing streets and roads.
ACC03DII:G to the official survey thereof, except that, Alaska, the
Grantor, expressly reserves, out of the grant hereby made, unto itself, its
-lessees, successors, and assigns forever, all oils, gases, coal-, ores, ze_a
orals, fissionable materials, and fossils of every name-, kind or description,
and which may be in or upon.said lands above described, or any part thereof,
and the :right to explore the same for such oils, gases, coal, ores, minerals,
ld
fissionable saterials, and fossils, and it also hereby expressly sages -
reserves. out of the grant hereby made, uato itself, its lessees, successors,
and assigns forever, the right to enter by itself, its or their agents,
attorneys, and servants upon, said lands, or any part or parts thereof, at any
and ail times, for the purpose of opening, developing, drilling, and aor1: ng
mines or wells on these or other lands and taking out and removing there -From
all such oils, gases,coal, ores, minerals, fissionable materials and fossils,
and to that ead it further expressly reserves out of the grant hereby made,
unto itself, its lessees, successors,' and assigns forever, the right by its
I. or their agents, servants and attorneys at any and all times to erect, cma-
struct,_maintain, and use all such buildings, machinery, roads, pipelines,
power lines, and railroads, sink such shafts, drill such wells, remove such
soil, and to remaia on said lands or any part thereof for the foregoing Fsr-
l poses and to occupy
'as much of said lands as may _be necessary or convenient
for such-.,
uch purposes hereby expressly reserving to itself, its lessees, succes-
sors, and assigns, .as aforesaid, generally all rights and power in,, to, mad
over said land, whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the cotplete enjoyment of the
property and rights hereby expressly reserved.
TOUInEER, with all the appurtenances and all the estate and ri;;hts
of the parry of the first part to said premises.
TO SAVE A!M TO HOLD the premises herein granted unto the party of
the second part, its successors and assigns forever.
PROVIDED, however, that the land, appurtenances and improvements
above described, .shall be managed and maintained by the Grantee or an agency
thereof as a recreational area for the. benefit of the public, and provided
further, that should the Grantee or an aSency thereof cease to manage and
Y
_4
r
i
I
L=)
LI"j
app,,Ztenances and improvements above described as a
maintain the land,
recreational area, for the bene==t of the public, then the said lands, and.
all appurtenances mad i prcve,cats shall revert to aad'becoze the property of
the Grantor cr its assigns.
IN kIT\BSS k*g�F.OF, i-•- STATE OF f,I.hSKA, Labe partyof the first
-
,as caused these presents to be executed by the Acting Director of the
�- year
first
Division of Lands, Department of Natural Resources, on the day and y
above written.
STE_TE OF MASK&
By'
A , " P:.GL�JE, �Actiag Director
Divisioa of Lands
Department of Natural Resources
APPROVED:
IROP 4411acl-,�
I kHI.LR.
HGLDS°'ORin, s
Department of Natural ources
THE UNITED STATES OF lIMLICk)
STATE OF AIAS_bA
lg /-? , before me a
On tGls Zay 6` i i
Notary Public in and for the State of R.iaska, duly coy,issioned and s-- t:rt
In to me known and kamm to me to be the
personally appeared A. FARL Plda--te ed the foregoing deed on
person described is and who e::e--te5 and ac=aowledg
behalf of the State of Alaska, as Acting Director of the Division er being duly
Department of i:atural Resources. The said A. EARL ?LO 'U-Df'
saora according to law, stated t3 me wade` oath that he is the Acting Director
of the Division of Lands, Department of Natural Resources and has authority
pursuant to law to execute and `znow•ledge the foregoing Been as such and
that he executed and ackaowledg� the same freely.a.sd voluntarily as the
free mad voivatary act and deed Of the said State of Alaska_and for the
Divisioa of Lands, Depar=--nt of Natural. Resources.
{M;r_SS my hand and ofacial seal'the day and year in this
certificate first above written.
-for the State of im
Notary Alit in s
Alaska es
v _ = I,:y Com:aissioa Expires
by
SDI1CI1A�11j- 2§9D
THIS MDENTME, made and entered into this 21st day of February,
1967, by and between the State of Alaska, party of the first part, and the
CM OF SE4ARD, a municipality organized and existing pursuant to the laws of
the State of Alaska, party of the second part.
WITI+TLSSETH, that the party of the firat part, in consideration of
the sum of One Dollar ($1.00), lawful money of the United States and other
good and valuable consideration, the receipt whereof is hereby acknowledged,
does hereby remise, release, and quitclaim unto the party of the second part,
its successors and assigns forever, all that lot, piece or parcel of land
situate, lying and being in the Seward Recording District, described as
follows:.
Lot 2 in Tract B of Boundary Location Survey of U. S.
Survey Nos. 149 and 242 as per ADL Survey Plat No, 3-20,
within Township 1 North, Range 1 West, Seward Meridian,
containing 22.923 acres more or less.
Subject to the following Rights of Way:
ADL 26281 - Power Line Easement 30 feet in width,
BLH Power Project No. 2171, 100 feet in width.
Rights of Way for any existing streets and roads.
ACCORDING to the official survey thereof, except that, Alaska, the
Grantor, expressly reserves, out of the grant -hereby made, unto itself, its
lessees, successors, and assigns forever, all oils, gases, coal, *roes min—
erals, fissionable materials, and fossils of every mama, kind or description,
and which may be in or upon said land& above described, or any part thereof,
and the right to explore the same for such oils, gases, coal, ores, minerals,
fissionable materials, and fossils, and it also hereby expressly saves and
reserves out of the grant hereby made, unto itself, its lessees, successors,
and assigns forever, the right to enter by itself, its or their agents,
attorneys, and servants upon said lands, or any part or parts thereof, at any
and all times, for the purpose of opening, developing, drilling, and working
mines or wells on these or other lands and taking out and removing therefrom
all such oils, gases, coal, ores, minerals, fissionable materials and fossils,
and to that and it further expressly reserves out of the grant hereby wade,
unto itself, its lessees, successors, and assigns forever, the right by its
or their agents, servants and attorneys at any and all times to erect, con-
struct, maintain, and use all such buildings, machinery, roads, pipelines,
power lines, and railroads, sink such shafts, drill such wells, remove such
soil, and to remain on said lands or any part thereof for the foregoing pur-
poses and to occupy as much of said lands as may be necessary or convenient
for such purposes hereby expressly reserving to itself, its lessees, succes-
sors, and assigns, as aforesaid, generally all rights and power in, to, and
over said land, whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete enjoyment of the
property and rights hereby expressly reserved.
TOGETHER, with all the appurtenances and all th6 estate and rights
of the party of the first part to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the party of
the second part, its successors and assigns forever.
PROVIDED, however, that the land, appurtenances and improvements
above described, shall be managed and maintained by the Grantee or an agency
thereof as a recreational area for the benefit of the public, and provided
further, that should the Grantee or an agency thereof cease to manage and
f
n0o�r.�cE—Jf—
ScweTd Tier(iminc r-qt.i-
maintain the land, appurtenances and improvements above described as a
recreational area, for the benefit of the public, then the said lands, and
all appurtenances and improvements shall revert to and become the property of
the Grantor or its assigns.
IN WITNESS WHEREOF, THE STATE OF ALASKA, the party of the first
part, has caused these presents to be executed by the Acting Director of the
Division of bands, Department of Natural Resources, on the day and year first
above written.
STATE OF ALASKA
A r FARL PLOURDE, Acting Director
Division of Lands
Department of Natural Resources
APPROVED:
PHIL R. HOLDSWORTH, Commissioner
Department of Natural Resources
THE UNITED STATES OF AMERICA)
) aa.
STATE OF ALASKA )
On this �,3'�"Lday of� r%s ue_, 19 _, before ma a
Notary Public in and for the State of Alaska, duly commissioned and sworn,
personally appeared A. EARL PLOURDE, to me known and known to me to be the
person described in and who executed and acknowledged the foregoing deed on
behalf of the State of Alaska, as Acting Director of the Division of Lands,
Department of Natural Resources. The said A. EARL PMURDE, after being duly
sworn according to law, stated to me under oath that he is the Acting Director
of the Division of Lands, Department of Natural Resources and has authority
pursuant to law to execute and acknowledge the foregoing deed as such and
that he executed and acknowledged the same freely and voluntarily as the
free and voluntary act and deed of the said State of Alaska and for the
Division of Lands, Department of Natural Resources.
WITNESS my hand and official seal the day and year in this
certificate first above written.
Aitn
Notary blic in and for the State of
- Alas
My Commission Expires 42
............
A'�1115RECORMED
DAT@�3
TLYIE 7 • �✓ f
Rr wHed 4r GsG — xe--
Add" k�-
DEPAATNENT OF NATURAL RESOURCES
DIVISION OF LAND AND WATER MANAGEMENT
RELEASE OF CONDITION IN DEED ^
BOOK-QfPAGE
Pursuant to the Authorityof the Director of Land an Re a
� Kater `EY�f��en�iiE;
Alaska Department of Natural Resources, by this instrument, the
following condition in the deed referenced is hereby released, subject
to the fol I owing condition:
Deed: Dated February 23. 1967. Recorded March 2, 1967, in the Seward
Recording District, from the State of Alaska to the City of
Seward, for Lot 2 in Tract B of Boundary Location Survey Nos.
149 and 242 as per ADL Survey Plat No. 3-20, within Township
1 North, Range I West, Seward Meridian, containing 22.923
j
acres more or less,
Condition: Clause stating 'PROVIDED, however that the land. appurten-
ances; and improvements above described, shall be managed and �
i
maintained by the Grantee or an agency thereof as a recrea-
tional area for the benefit of the public, and provided fur-
ther, that should the Grantee or an agency thereof cease to
manage and maintain the land, appurtenances and improvements
above described as a recreational area, for the benefit of
the public, then the said lands, and all appurtenances and
improvements shall revert to and become the property of the
Grantor or its assigns.`
Condition for Release:
In consideration for the release of the condition referred to i
above, the Grantee and any successors in interest, shall use
the land for public purposes only. In the event the land is
used for other than a public purpose. the land shall revert
to and become the property of the Grantor.
R
This action is pursuant to a public hearing he the S and City
Council, on August 9, 1982. held pursuant to oper is
APPR VED / h }
DATE:
3.
THIS IS TO CERTIFY that on the �� day of r �ik'i1 , 1982, before �.
me personally appeared ? of the Division 4# p
of Land and Hater Maiagem& or thi Department of Natural Resources of }
the State of Alaska, who executed the foregoing instrument and acknow-
ledged voluntarily signing and sealing the sane.
is a r �� , • � :::. - �''�.��,,. � r�:4
ry u n and for-tilet8ta. A
My Commission Expires:
APPROVED AS TO FORM.
Ass starrt Artorpey Ge#wraj•,,. f' ,
Date J 10
BOOK PAGE %P_
,e"rd Recnrdin 1)isrrict
BEFORE 714E DIRECTOR
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF LAND AND WATER MANAGEMENT
STATE OF ALASKA
Department of Natural Resources
Division of Land a Water Mgmt.
J.W. Sedwick, Director
DIRECTOR'S DECISION
BACKGROUND: On February 21, 1967 the State of Alaska conveyed by quit
cTim e`ed to the City of Seward, Lot 2 in Tract B of Boundary Location
Survey of USS Nos. 149 and 242 within Township 1 North, Range 1 West,
Seward Meridian. The deed contained a condition requiring the land be
;used for public recreation. On June 25, 1982, the City of Seward
requested an amendment to the deed that would allow the city to rake use
of the land for a shop facility. A public hearing was held by the City
of 5eiard on August 9, 1982, to solicit public input on the request,
pursuant to a public notice publisneo in Seward on July 29, 1982 and
August 5, 1982. There were no cores ents r..ade at the hearing nor received
ir. writing. In researching the status of title, it was determined that
:.here were no conditions or terns of the conveyance of the land to the
State that woulc prohibit the requester use.
DISCUSSION OF ISSUE AND DECISION: The issue is wrietner the requested
cnange s in publis interest, The letter of request frog the City of
Seward states there is a aesperate need for the land for the purpose
requested. As the needs of a community cnange, priorities in land use
are liKewise changing. Therefore, the release of the condition requir-
ing recreational use of the land will give the City of Seward the flex-
ibility to Bete mine what public use is the highest priority and best
use for the land. For the foregoing reasons, the condition of the deed
will be releasee so that the City of Seward can make other public uses
of the land.
-f4
Dated ' is 7r day o`Er.�c% 15s2.
3. a k, 1rector
pep tr:ent of Natural Resources
Di Sion of Lana anfi rater M,anagenent
v/
R=PCORDINg
E
DISTR T
4 47 AN.V
aenuisr$ro:r
Abbot S
y.T ,.f,��+- -.ti— .. ,.,T-:.-" r:�ts•,:c '►,: n'.:_v_, ,r. ._. - .. r.� - �1-:-. T...Y_:: .-.,.,ucs� : W•..— s'
NO
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF LAND
DIRECTOR'S FINAL DECISION
waive Reversionary Interest/Release of Condition in Deed
City of Seward
ADL 32981
Pursuant to the authority granted to the Commissioner of the Alaska Department of
Natural Resources under AS 38.05.020, AS 39.05.810 and AS 29.65, the Grantor. the
State of Alaska, Department of Natural Resources, 3601 C Street, Suite 1130.
Anchorage, Alaska 99503, hereby releases the "for public purposes only,, covenant in
Quitclaim Deed, issued to the Grantee, City of Seward, whose mailing address of tecord
is P.O. Box 167. Seward, Alaska 99664,
The covenant to be removed is contained in the Release of Condition in Deed that uas
approved on September 28, 1982 and recorded in the Seward Recording District on
October 4, 1982, in Book 27, at Page 75, modifying the condition in Quitclaim Deed
issued on February 21. 1967 and recorded in the Seward Recording District on March 2.
1967, in Book 31-D, at Page 5. The modified condition is as follows:
Release of Condition in Deed states "In consideration for the release ofcondition.
the Grantee and any successors in interest, shall use the land for public purposes
only. In the event the land is used for other than a public purposes, the land shall
revert to, and become the property of the Grantor."
A draft Director's Decision dated August 27, 1997. determined that it was in the state's
best interest to release the condition in deed and allow the City of Seward to make
unencumbered decisions regarding the highest priority and best use for the land, The
acreage contained in this land will be counted toward fulfillment of the City of Seward
land entitlement under AS 29.65.
The public notice and interagency notice were completed to release the condition in deed -
No objections or adverse comments were received during the response period of the
public notice from the public and other agencies that were notified pursuant to AS
39.05.945. This document is the final decision.
Accordingly, the City of Seward is released from the covenant that states " the Grantee
and any successors in interest, shall use the land for public purposes only." This
J
F -I
EQ: _Ny L i '. G: C3lG E
3..--d P r _: LL'W;a
restriction clause is no longer applicable to the land conveyed thereunder described as
follows:
Formerly known as:
Lot 2 in Tract B of Boundary Location Survey Nos. 149 and 242 as per ADL
Survey Plat No. 3-20, filed on December 3, 1963, in the Seward Recording
District, Third Judicial District, State of Alaska as Plat #63-594, within Section
34, Township 1 North, Range i West, Seward Meridian, containing 22.923 acres,
snore or less.
Replatted as:
Lot 13, Fort Raymond Subdivision filed on July 28, 1986 as Plat # 86-10; and
Lots 10A, I IA and 12A, Fort Raymond Subdivision Replat No. 1, filed on July 2,
1987 as Plat # 87-12.
All other conditions, covenants, restrictions and reservation in Quitclaim Deed including
but not limited to those restrictions appearing in the federal quitclaim deed or other
conveyance by which the State of Alaska acquired title, remain unchanged.
Approved:
Jane ik, Directof
Division of Land
Alaska Department of Natural Resources
State of Alaska )
) ss.
Third Judicial District )
cf 3 /9Y7
Date
97--j444
Daie
Time:
Req--ed `�•' )�
TINS IS TO CERTIFY that on the ar v • day of 1997. personaliv
appeared before me Jane Angvik, of the Division of Land of the Department of Natural
Resources of the State of Alaska, who executed said document under such le�alfkitlfiprity.,,
mid with knowledge of its contents; and that such act was performed freel ....... -,
voluntarily upon the premises and for the purposes stated therein.
Witness my hand and official seal the day and year in this certificate firs&b&ie;N
.
a
Notary Public in and for the State oCAlasf>y
My Commission Expires: M'M0"E
qµN. Kerr Tlgriitti sno+
p.o. ox 167
2004-000620-0
Recording Dist: 3i1-Seward
IIIIIIIIIiIA�IIIn11111111111111111111911V119GlllAlllllllll
State of Alaska
Quitclaim Release No. 2
Release of Public Purposes and Condition
Reserved in Quitclaim Deed
ADL 32981
PUrSUant tO the authority granted to the Commissioner of the Alaska Department of Natural Resources under
AS 38.05,020, AS 38.05.035, AS 38.05.810 and AS 29.65, the Grantor, the STATE OF ALASKA, DEPARTMENT
OF NATURAL RESOURCES, 550 West 7th Avenue, Suite 1050A, Anchorage, Alaska 99501-3579, hereby releases
the condition for use "Public Purposes Only" as reserved by Department of Natural Resources, Division of Land and
Water Management, "Release of Condition in Deed" issued on September 28, 1982, to the City of Seward, whose
mailing address of record is P.O. Box 167, Seward, Alaska 99664.
The State Of Alaska Quitclaim Deed ADL No. 32981 was issued February 21, 1967, and recorded in the
Seward Recording District on March 2, 1967, subject to the following reservation required by AS 38.05.810:
PROVIDED, however, that the land,. appurtenances and improvements above described, shall be
managed and maintained by the Grantee or an agency thereof as a recreational area for the benefit of
the public, and provided further, that should the Grantee or an agency thereof cease to manage and
maintain the land, appurtenances and improvements above described as a recreational area, for the
-.benefit of the public, then the said lands, and all appurtenances and improvements shall revert to and
become the property of the Grantor or its assigns.
Pursuant tO Department of Natural Resources, Division of Land and Water Management, Director's Decision
issued September 7, 1982, the "recreational area for the benefit of the public" reservation as noted above was
determined to be appropriate 'for release so the City of Seward could make other public uses of the land. Pursuant to
Department of Natural Resources, Division of Land and Water Management, "Release of Condition in Deed" issued
on September 28, 1982, to the City of Seward, said "recreational area for the benefit of the public" reservation was
released; and determined that the Grantee and any successors in interest, shall use the land for "Public Purposes
Only". Said release was recorded in the Seward Recording District on October 4, 1982, in Book 27, Pages 75 and
76.
Page 1 of 3
Pursuant to Department of Natural Resources, Division of Land, Director's Final Decision dated October 3,
1997, it was determined to be in the state's best interest to release the "Public Purposes only" condition in the deed
and allow the City of Seward to make unencumbered decisions regarding the highest priority and best use for the
land. The acreage contained in this land will be counted toward fulfillment of the City of Seward land entitlement
under AS 29.65. Said decision was recorded in the Seward Recording District on October 13, 1997, in Book 87,
Pages 863 and 864.
Accordingly, the State of Alaska hereby expressly releases forever the City of Seward, Grantee's successors and
assigns, from the aforementioned reservation that the land be used for., -"Public Purposes Only". The restriction clause
is no longer applicable to the land conveyed thereunder, and as applies to the following described land:
Formally described as, and as conveyed by Quitclaim Deed ADL No. 32981 issued February 21, 1967:
Lot 2 in Tract B of Boundary Location Survey of U.S. Survey Nos. 149 and 242 as per Alaska
Division of Lands Survey -Plat No. 3-20, filed on December 3, 1963, in the Seward Recording
District, Third Judicial District, State of Alaska as Serial #63-594, within Section 34, Township 1
North, Range 1 West, Seward Meridian, containing 22.923 acres, more or less.
Repiatted as:
Lot 13, Fort Raymond Subdivision filed on July 28, 1986, as Plat # 86-10; and Lots 10A, 11A, and
12A, Fort�Raymond Subdivision Replat No. 1, filed on July 2, 1987, as Plat # 87-12.
All Qt%er terms and conditions, covenants, restrictions and reservations in Quitclaim Deed ADL No. 32981,
including, but not limited to, those restrictions appearing in the federal deed, or other conveyance, by which the State
of Alaska acquired title, remain unchanged.
In TeStiMony Whereof the State of Alaska has caused these presents to be executed by the Director of the
Division of Mining, Land and Water, Department of Natural Resources, State of Alaska, pursuant to delegated
authority, this 1 lth day of March, 2004.
By:6�6w
Sandra J. Sin r
For Bob Loeffler
Department of Natural Resources
Quitclaim Release No. 2 Page 2 of 3
KI
State of Alaska
ss.
Third Judicial District >
This Is To Certify that on the 1 lth day of March, 2004, appeared before me SANDRA J. SINGER, who is
known to me to be the person who has been lawfully delegated the authority of Bob Loeffler, the Director of the
Division -of Mining, Land and Water, Department of Natural Resources, State of Alaska, to execute the foregoing
document; that Sandra J. Singer executed said document under such legal authority and with knowledge of its
contents; and that such act was performed freely and voluntarily upon the premises and for the purposes stated
therein.
WittleSS my hand and official seal the day and year in this certificate first above written.
After Recording Return Original To:
City of Seward
P.O. Box 167
Seward, Alaska 99664
After Recording Return Certified As True Copy To:
Alaska Department of Natural Resources
550 West 7th Avenue, Suite 1050A
Anchorage, Alaska 99501-3579
Quitclaim Release No. 2
ADL No. 32981
Location Index:
T. I N., R. 1 W., 9.M.
Section 34
&6� e7ce
Notary Public in and for the State of Alaska,
My commission expires: April 4, 2005
OFFICIAL STATE BUSINESS -NO CHARGE
Page 3 of 3
OFFICIAL SEAL
STATE OF ALASKA
CELESTE L. KINSER
NOTARY PUBLIC
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A 2011-000792-0
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A � I 1 III III II II II fl II �IIIII III �II �IIIF��II I II��I� I III �I��II IN
CITY OF SEWARD
SEWARD, ALASKA
PUBLIC UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that The City of Seward
P.O. Box 167 Seward, Ak 99664 ("Grantor"), for good and valuable consideration,
the receipt of which is hereby acknowledged, does hereby grant, bargain, sell,
convey, set -over, and deliver unto City of Seward, a municipal corporation
organized and existing under the laws of the State of Alaska, and to its
successors, assigns, licenses, and permittees, ("Grantee"), a sole and exclusive
easement for the erection, construction, and installation, and continued
operation, maintenance, repair, alteration, inspection, replacement, improvement
and relocation, and removal of public utilities and their related facilities and
other attachments and equipment incidental thereto, through, over, in, under, and
across the land of Grantor, situated in the Seward Recording District, Third
Judicial District, State of Alaska, and more particularly described as follows:
The north 10 feet, and the north 260f feet of the west 10 feet of lot 7A,
Section 34, Township 1 North, Range 1 West of the Seward Meridian.
See Exhibit "A"
And specifically, there is hereby granted to Grantee the sole and exclusive right
to erect, construct, install, continue to operate, maintain, repair, alter,
inspect, replace, improve, relocate, and remove such public utilities and their
related facilities, through, over, in, under, and across, the aforesaid premises
as may from time to time be necessary or desirable for the exclusive use,
occupation, and enjoyment of such easement, including the right of ingress and
egress to said premises, and the right to cut and keep clear of all trees,
shrubbery, undergrowth and other obstructions on said premises as may be
reasonably required for the construction, installation, operation, and
maintenance of such public utility facilities.
TO HAVE AND TO HOLD the same to Grantee, its successors, assigns, licensees, and
permittees, FOREVER.
Grantor agrees that all facilities which may be installed on the above described
premises at Grantee's expense, or at the expense of its successors, assigns,
licenses, and permittees, shall remain the property of Grantee, or the property
of such successors, assigns, licensees, or permittees, as the case may be, and
removable at Grantee's option.
Grantor covenants that he is the owner of the above -described premises and that
the said premises are free and clear of encumbrances and liens of whatsoever
character, except those held by the following persons:
DATED this .367%( day of __74 -` , 20 � r.
GRANTOR
BY: Ai// GG
its: OrPN MA.tJAcA,;:-.,t
06�I�20//
Date
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
The regoing st en was acknowledged before me this W day of
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Notary Public in and for Alaska
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RETUI�i� � ity of Seward
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RECORDED IN SEWARD RECORDING DISTRICT
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2011-000792-C
A 2012-001050-0
ARecording Dist: 314 - Seward
S-1 s 9/19/2012 2:10 PM Pages: 1 of 2
KENAI PENINSULA BOROUGH PLANNING COMMISSION
l RESOLUTION 2012-36
SEWARD RECORDING DISTRICT
Vacate the 200-foot radius water well easement for city well #3, located south of Sea Lion Avenue and
within Lots 6 & 7 granted by Fort Raymond Subdivision (Plat SW 86-10), and also shown on Lots 6A & 7A
of Fort Raymond Subdivision Replat No. 1 (Plat SW 87-12); within Section 34, Township 1 North, Range 1
West, Seward Meridian, Alaska; the City of Seward and within the Kenai Peninsula Borough.
KPB File 2012-108
WHEREAS, a request has been received from James Hunt, City Manager for the City of Seward,
Alaska to vacate a 200-foot radius well easement granted by Fort Raymond Subdivision (Plat SW 86-10); and
and
WHEREAS, the affected 200-foot water well easement is no longer necessary; and
WHEREAS, citywell number 3 is not in use and is officially decommissioned and abandoned in Place,
WHEREAS, no surrounding properties will be denied utilities; and
WHEREAS, on August 27, 2012, the Kenai Peninsula Borough Planning Commission addressed all
concerns about the proposed vacation; and
WHEREAS, the vacation does not affect the radius of Wells 1 & 2;
WHEREAS, the Planning Commission has found that vacating the utility easement will not be
detrimental to the public interest; and
WHEREAS, 20.28.120 of the Kenai Peninsula Borough Code of Ordinances authorizes the Planning
Commission to accomplish vacations by Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE KENAI
PENINSULA BOROUGH:
Section 1. That the above described utility easement is hereby vacated.
Section 2. That a survey plat showing the vacation will be recorded as Page 2 of this resolution.
Section 3. Thatthis resolution is eligible for recording upon being signed by the Planning Commission
chairperson and will be deemed void if not recorded within 90 days of adoption.
Section 4. That this Resolution becomes effective upon being properly recorded with petitioners being
responsible for payment of recording fee.
ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH
ON THIS g?j DAY OF 2012.
' 0 A,
air Martin, ice Ch ,rpers
Planning C mission
ATTEST:
Patricia Hartley
Administrative Assistant
Return to:
Planning Department
Kenai Peninsula Borough
144 N. Binkley Street
Soldotna, Alaska 99669
Peninsula Borough Planning Commission Resolution 2012-36 Page 1 of 2
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Kenai Peninsula Borough Planning Commission Resolution 2012-36 page 2 of 2
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FORT RAYMOND SUBDIVISION,
REPLAT NO. 2
LOTS ]A & ,
CITY OF SEWARD
P.O. Box 167 _
410 Adams Street
Seward, Alaska 99664-0167
TO: City of Seward Planning & Zoning Commission
FROM: Janette Bower, City Manager
• City Manager's Office (907) 224-4047
• w11.lv.cityofse ard.us
RE: Chugachmiut Clinic Replat/Lot 7B, Fort Raymond Subdivision
DATE: October 29, 2021
The City of Seward concurs with the attached driveway access plan, dated October 26, 2021, for
Chugachmiut's new regional clinic, including the new driveway onto Dimond Boulevard. This
new lot is proposed as Lot 7B, Fort Raymond Subdivision.
Sincerely,
q#4cni�
Jan t Bower, City Manager
III, 131
Date
ASPEN LN
I' °IN P -IVV SEC 34 SEWARD
ME `,iIAN SW 0860010
FORT RAYMOND SUB LOT 4
L.� Property Boundary
Kenai Peninsula Borough
Parcel Boundary
Proposed Driveway
13
Vacated (Existing) Drive
Primary Access
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Chugachmiut Clinic Access
4%. Seward, AK
1 Date: October 26. 2021
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AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I, ---- : -a s kcy- ut'-q- _, hereby certify that I have posted a
Notice of Public Hearing, as prescribed by Seward City Code
15.01.040/16.01.015 on the property located at Lot 7A, Fort Raymond
Subdivision Replat No. 1, Located at 2109 Dimond Boulevard, that has
petitioned for a Public Hearing for a Preliminary Replat of Lot 7A Creatin
Two Lots; Lot 7A and Lot 7B• Creating a 20' by 20' Access Easement on Lot
7A Fort Raymond Subdivision Replat No. 2. within an Auto Commercial AC
Zoning District.
The notice was posted on L I Z.:z-, / L 1 which is I a days
prior to the public hearing on this petition. I acknowledge this Notice must be
posted in plain sight, maintained and displayed until all public hearings have
been completed.
Affirmed and signed this 27-:r day of oe-C�tC-U, 2021.
zlx�
Signature
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
upon oath, deposes and states:
That she is employed in the Community Development Office of the City of Seward,
Alaska; and that on 2 Z ,ou she mailed a Notice of Public Hearing
to the real property owners within a 300-foot periphery of Lot 7A, Fort Raymond
Subdivision Rcplat No. 1, Located at 2109 Dimond Boulevard as prescribed by
Seward City Code 15.01.040/16.01.015.
Affirmed and signed this 2z''' day of Dec�,,o�,-,r2021.
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
December 7, 2021 Volume 7, Page
CALL TO ORDER
The December 7, 2021 regular meeting of the Seward Planning & Zoning Commission
was called to order at 7:00 p.m. by Presiding Officer Craig Ambrosiani.
OPENING CEREMONY
Commissioner Nathaniel Charbonneau led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Tom Swann presiding, and
Gary Seese Craig Ambrosiani
Nathaniel Charbonneau Vanessa Vefhey
Clare Sullivan
Comprising a quorum of the Commission; and
Jason Bickling, Community Development Director
Courtney Bringhurst, Community Development Planner (telephonic)
Brenda Ballou, City Clerk
Excused — Swann, Verhey
Absent — None
Vacant — One
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING — None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Sullivan/Charbonneau) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the November 2, 2021 Regular Meeting Minutes.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Administration Report. Community Development Director Jason Bickling stated there
would be a brief respite over the next couple of weeks for the holidays. After the new year, he was
hoping to start having regular meetings with the chair and one rotating commissioner, on a regular
basis, to improve the process of preparing for meetings. As well, he wished to bring forward some
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
December 7, 2021 Volume 7, Page
training opportunities for the commission.
Other Reports and Announcements — None
Presentations — None
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2021-027, Of The Planning And Zoning Commission Of The City Of Seward,
Alaska, Granting A Conditional Use Permit To OBI Seafoods To Construct An Employee
Campground With Modular Housing On Lot 2, Block 3, Leirer Industrial Subdivision,
Located At 1607 Northwestern Circle; Within An Industrial (I) Zoning District. This
resolution was postponed from November 2, 2021.
Bringhurst recited the terms contained in the agenda statement and recommended approval.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Brian O'Leary (telephonically) from OBI stated he wished to have a positive relationship
with the city, and looked forward to working with Community Development and the commission.
No one else appeared and the public hearing was closed.
Sullivan wondered if there was a process for OBI to self -report life safety inspections. In
response, Bickling stated he would provide the business with a checklist of safety items.
In response to Seese, Bickling said Carol Griswold's comments had been read thoroughly,
and added that Griswold had taken a tour of the premises; the input she provided had been seriously
considered. Sullivan concurred that Griswold's input was valuable and much appreciated.
Motion Passed Unanimous
Resolution 2021-029, Of The Planning And Zoning Commission Of The City Of Seward,
Alaska, Granting A Conditional Use Permit to Bornstein Seafoods To Construct an
Employee Campground with Modular Housing on Lot 2, Block 7, Fourth of July Creek
Subdivision, Seward Marine Industrial Center, Located at 3207 Morris Avenue Within an
Industrial (I) Zoning District.
Motion (Charbonneau/Sullivan) Approve Resolution 2021-029
Bringhurst recited the terms contained in the agenda statement and recommended approval.
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
December 7, 2021 Volume 7, Page
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Blaine Bardarson wanted to be clear that the housing units would be placed back-to-back,
and wanted to make sure that was acceptable for the spacing requirements. In response, both
Charbonneau and Bickling confirmed that it was acceptable to place the containers back-to-back.
Brandii Holmdahl from Bornstein thanked the commission for their attention and support;
she appreciated that the commission understood how important having a CUP for these housing
units were to the seafood businesses in town.
No one else appeared and the public hearing was closed.
Charbonneau thought this CUP was similar, so didn't have any concerns.
In response to Sullivan and Ambrosiani, Bickling stated the drawing provided as a laydown
tonight included updated measurements that were more to scale from the applicant.
Motion Passed Unanimous
Resolution 2021-032 of the Planning and Zoning Commission of the City of Seward, Alaska,
Granting a Variance to City Code §15.10.222 Development Requirements to Christopher
and Christine Aumick to Construct a Building with a 7' Side Yard Setback Adjacent to a
Street, Instead of the Required 10' Setback on Lot 21, Block 32, Original Townsite of Seward,
Located at 502 Sixth Avenue; Within an Urban Residential (UR) Zoning District.
Motion (Sullivan/Charbonneau) Approve Resolution 2021-032
Bringhurst recited the terms contained in the agenda statement and recommended approval.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened. No one appeared and the public hearing was closed.
Sullivan wondered what the reason for the setback was, if for convenience or to mitigate
an undue burden on the property owner.
Seese supported this variance because having a corner lot presented an additional
restriction of a greater setback from two streets; allowing this reduction in the setback would
enable the property owner to build a more reasonable sized home. He said it was fairly common
to make this kind of allowance.
Charbonneau asked about the parking spots for each dwelling; it appeared that one of the
two parking spots was located in the road -side setback area, and he wanted to make sure this was
acceptable. Ambrosiani said it appeared by the aerial map that all the residential parking was in
the road -side setback areas. Seese believed there would be adequate space to allow for two parking
spaces for each dwelling on the alley side. Bringhurst stated the parking requirements were not
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
December 7, 2021 Volume 7, Page
specifically under review tonight, unless the commission thought that allowing the variance would
have an impact on the property owner's ability to provide adequate parking spaces.
Motion Passed
UNFINISHED BUSINESS
Unanimous
Resolution 2021-025 of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending the City Council Amend Portions of Seward City Code 15.10.140 Definitions,
to Amend Definitions Related to: Apartment, Boarding House, Dwelling, Duplex, Unit,
Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing
Site, Lodging, Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental
Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly, and Enacting
Language in 15.10.226 K Pertaining to Short -Term Rentals. This resolution was postponed
from October 19, 2021.
Bringhurst recited the terms contained in the agenda statement and recommended approval.
Charbonneau liked the language for the definitions, as it had been updated.
Motion Passed Unanimous
NEW BUSINESS
Resolutions
Resolution 2021-030, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending the City Council Amend Portions of Seward City Code 15.10.226 Land Uses
Allowed, J Employee Campground.
Motion (Sullivan/Charbonneau)
Approve Resolution 2021-030
Bringhurst recited the terms contained in the agenda statement and recommended approval.
Charbonneau wondered if the term "employee campground" should be changed to
"temporary labor camp" to better reflect the conditions of the dwelling; camping suggested tents.
Bickling agreed with the concept, but wished to consider the best approach to updating the
terminology overall in city code.
Seese suggested there would be ample opportunity to continue to update terminology going
forward. Charbonneau concurred, but didn't want to forget to make improvements.
Motion Passed Unanimous
Resolution 2021-031 of the Planning and Zoning Commission of the City of Seward,
Recommending the City Council Amend Portions of Seward City Code; 15.10.140
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
December 7, 2021 Volume 7, Page
Definitions, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land
Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a
Conditional Use Permit.
Motion (Charbonneau/Sullivan) Approve Resolution 2021-031
Bringhurst recited the terms contained in the agenda statement and recommended approval.
Seese stated his wife was the chair of the Historic Preservation Commission (HP) and had
submitted comments to the commission saying that HP was working on several projects, and she
opposed allowing manufacturing in the Central Business District. Ambrosiani confirmed that
everyone on the commission had received that letter.
Charbonneau liked the wording change of the definition being proposed. He did not support
allowing light manufacturing in the Central Business District for just one business; making a large,
sweeping change for one business was not a good idea. He said there were a lot of other zones and
areas in the city that allowed manufacturing outright.
Ambrosiani said his concern was that there were light manufacturing businesses that
already existed in the Central Business District, like candy making and jewelry making; he didn't
want to remove their ability to continue doing business in this area. He was concerned that if one
of the existing businesses wished to sell their business, the new owner should be able to continue
the business, even if it was light manufacturing; he did not want to harm the value of any existing
businesses. He wanted to make sure the downtown area remained walkable, attractive, and friendly
to visitors.
Seese wondered if the existing businesses could be grandfathered in; one of the candy
making businesses had been in business since the early 1900s.
Motion to Postpone (Seese/Sullivan) Postpone Resolution 2021-031 to February
1, 2022.
Bickling stated that each board and commission had its own authority granted by council,
and each should be staying in their own lane. Having someone from the Historic Preservation
Commission asking the Planning & Zoning Commission to wait on conducting business was
outside of HP's purview; he thought council would have something to say about one commission
interfering with the work of another commission. He said light manufacturing had been conducted
in the Central Business District forever. Bickling suggested that putting a Conditional Use Permit
(CUP) process in place would allow for review and control, without preventing new businesses
from starting, or for existing businesses from continuing to be viable. He was cautious about
potentially and inadvertently closing the door on future business.
Ambrosiani wondered if the CUP process could be used to compel a light manufacturer to
have a retail component to their business. Bickling said the goal of businesses in the downtown
area was attracting people and visitors; the new definition of light manufacturing inherently
prohibited manufacturing that would be unattractive to visitors by preventing things that were
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
December 7, 2021 Volume 7, Page
noisy, smelly, or obnoxious. Bickling added that the downtown area needed to be protected, but
also should be promoted and kept open to new growth opportunities. Bickling believed that
between the new definition and the CUP process, the commission would be striking a balance.
Sullivan thought the new definition would allow for existing light manufacturing
businesses to continue, yet still protect the Central Business District because there would be
safeguards against undue fumes, odors, and noise. Sullivan said that in the one case of a cannabis
extraction business, the business owner would have to prove that it would meet the definition of
light manufacturing, as well as pass a fire inspection. She has performed her own research, and
said a marijuana extraction business would be required to pass a lot of stringent requirements,
including state requirements; she thought this provided fail safes and thought this commission
could move forward with this resolution.
Charbonneau just didn't want to see the downtown shopping area turn into a manufacturing
area, and he liked the idea of encouraging retail. He understood that perhaps the best way to
accomplish this was to use the CUP process.
Motion to Postpone Failed Yes: Seese
No: Sullivan, Charbonneau, Ambrosiani
Charbonneau wondered if the CUP could include a retail component; perhaps there could
be a specific requirement just for light manufacturing in the downtown area. Sullivan asked what
the definition was for the Central Business District. In response, Bringhurst recited the definition
which specifically mentioned retail, entertainment, and professional services. The commission was
satisfied that the existing definition for the Central Business District encompassed all the
components they wished to encourage.
Main Motion Passed
Other New Business Items
Unanimous
Discuss and set the topic for the January 18, 2022 work session.
Bringhurst said the commission had expressed interest in reviewing the Land Use Table on
the whole, as well as reviewing the format of the table.
Ambrosiani liked that suggestion, and added that matching the definitions to the Land Use
Table (and vice versa) was also something the commission had expressed an interest in doing
previously.
Bickling said R&M Consultants was contracted to assist in planning duties while
Bringhurst was out on maternity leave.
INFORMATIONAL ITEMS AND REPORTS
Reminder: December 21, 2021 work session has been cancelled.
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
December 7, 2021 Volume 7, Page
Reminder: January 4, 2022 meeting has been rescheduled to January 11, 2022.
PAS Quick Notes Small -Lot Subdivision Design.
CITIZEN COMMENTS — None
COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Sullivan thanked the commission and staff for a good meeting with good discussion.
Charbonneau thanked staff and wished Bringhurst well.
Seese appreciated the unity of the meeting tonight; a lot had been accomplished.
Bickling was planning to develop a sample of a completed CUP to assist the public in
completing the forms and furnishing documentation. He appreciated the commission for their hard
work.
Seese looked forward to receiving training in the future.
Ambrosiani appreciated the staff, he wished Bringhurst well. He said it was challenging
to keep up on citizen comments and input, and wondered if there could be a deadline established
to receive comments in a timely manner so that the commissioners had a reasonable amount of
time to review the input.
ADJOURNMENT
The meeting was adjourned at 8:47 p.m.
Brenda J. Ballou, MMC Craig Ambrosiani
City Clerk Presiding Officer
(City Seal)