HomeMy WebLinkAbout06092025_City Council Work Session Packet Jesse Lee PropertyCity Council Work Session June 9, 2025
Jesse Lee Home Property Future Use
Background
Spring of 2022 – 2 City Council Special Meetings – 300 pages of packet material which
included:
Detailed Presentation and Report by Kasteler Consulting Inc (KCI) on Mitigation Efforts for
the Demolition and Site Mitigation
Action Memorandum 2023-005 (May 22, 2023) – SCLA JLH Memorial Placement
Authorization
Review of November and December 2020 Community Development Efforts:
November 2020 Community Survey was conducted:
-There were over 300 respondents to the survey, which is a relatively strong response.
-Over 68% of respondents believed that either all or a majority of the site should be
used as a park
-Over 78% of the respondents believed that a memorial should be placed on the site
of the Jesse Lee Home Property
- 48% of respondents believe that we don’t have enough park/open space, 31% of
respondents believe that we do have enough, and 21% were undecided.
-39% of respondents believed that Seward has enough multi-family residential
options to support the population, 37% believed that we do not, and 24% were
undecided.
December 2020 Community Meetings / Discussion
There were a number of configurations presented and discussed along with the community
survey results. Those options ranged from the property being used as all park, all housing
or different combinations of both.
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City Council Work Session June 9, 2025
Current Expenditures
Total Expenditures to date (numbers rounded) are approximately $1,465,000.
Expenses covered by the grant (appx $1,100,000 total) include:
-Structure demolition and removal / partial environmental cleanup / mitigation
$900,000
-Tree removal $25,000
-Memorial benches and signs $48,000 (being stored in warehouse)
-Playground equipment $40,000 (currently in crates in the electric laydown yard)
-Property fill, leveling, fence removal $86,000 (to be complete after mitigation work is
done)
Expenses not covered by the grant (appx $365,000) include:
-Continued environmental clean-up / mitigation to this point
- *An addition $65,043 for the next steps of mitigation required by the ADEC is on the
agenda for tonight’s meeting.
Current expenditure totals if agenda item is approved:
-Total Expenditures $1,530,000
-Total Expenses not covered by grant $430,000.
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City Council Work Session June 9, 2025
Administrative Recommendation:
The final land use plan for the site was never officially decided by council. Given the
current site contamination and mitigation efforts and costs, we recommend that the whole
site be used as a park.
Communication from the ADEC:
As for restrictions on the property, they will be developed and identified in the covenant, but
generally for a site with these conditions I think the main restrictions would be digging,
groundwater use, and cap maintenance. Digging wouldn't be prohibited but would require
DEC approval before ground moving work is performed. This is so DEC can ensure everyone
is aware of the potential to encounter contamination and have best management practices
for handling contaminated soil. New drinking water wells would need to be approved by
DEC prior to installation. The cap (backfill) on the site would need to be maintained to be
protective of contamination.
Because of the depth of remaining contamination, I don't think there would be any
restrictions that would prevent you from moving ahead with the plans outlined below [as a
park]. I am attaching a copy of our draft environmental covenant template. If you look at the
"Activity and Use Limitations," you will see example language that may be used in a
covenant. Please note these are just examples, not all would apply to this site.
[ADEC Covenant Template include at the end of the packet]
Anything to do with a deep foundation (building with utilities), would not be recommended
as it would require an ADEC approved work plan and likely further mitigation by a certified
environmental engineer which would include costly removal and disposal of contaminated
material. (Gazebos and pavilions can be a slab foundation which doesn’t require deep
excavation. Strategic placement is also a factor. The proposed restroom location is out of
the contamination zone and utilities are right there so very little digging would need to take
place.)
The following picture is one of the slides from the December 2020 presentation that shows
a number of elements and layout that could be considered for a park.
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City Council Work Session June 9, 2025
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City Council Work Session June 9, 2025
After discussion with the Parks and Recreation Director, this is what we are recommending
as next steps.
Phase 1: (short term – immediately after we have approval to start developing – possibly
late summer/early fall)
We need to have a basic idea of what we are going to do with the property so that when
Metco backfills, levels, and brings in material, they have a general sense of what is going to
go where.
We recommend getting a basic park installed to put property into use in the most efficient
manner (time and money)
- Create gravel parking lot (outline w. large rocks to contain area)
-Get understructure put in and playground equipment installed (would be additional
cost and would come before council for approval)
-Use portable toilet trailers (which the city owns) or porta-potties
-Basic landscape / grassy field – need for grass (frisbee, games)
-Temporary placement of benches
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City Council Work Session June 9, 2025
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City Council Work Session June 9, 2025
The above photo is just to give a conceptual idea of a playground with similar equipment,
grass and a few trees.
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City Council Work Session June 9, 2025
Future Phase Improvements: (long term – coming years)
Future Meetings (this winter) – finalize elements and park design
Grant funding could be pursued to help pay for the materials and work.
Work to be completed (list not comprehensive and in no particular order):
Replat: remove lot line, add cul-de-sac to Benson
Fence around playground? other areas?
Road and parking lot improvements (pave Benson and parking lot, add curbs, sidewalks)
Permanent Restrooms (must be in designated area because of water / sewer access and
away from mitigation area).
Permanent installation of memorial items
- SCLA Memorial (SW Corner of lot)
- Historic signage (what HP has done for historic buildings)
- Commissioned benches
- Park signage
- Mural?
Landscaping, tree planting
Dog Park – currently don’t have one and a communicated need from community
Pathways within park between elements
Gazebo and/or Pavillion Construction (slab/shallow foundation)?
Amphitheater?
Community Gardens?
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Alaska Department of Environmental Conservation
Environmental Covenant
Instructions and Covenant Template
(Rev. August 2024)
INSTRUCTIONS FOR USE
1. Track Changes: Please keep this document in Microsoft Word® format and track any
changes until final revisions are agreed upon between the Grantor and the Alaska
Department of Environmental Conservation (DEC).
2. Identify the Parcel(s) and Legal Description(s): Identify the parcels subject to the
covenant and a sufficient legal description for conducting a title search. Note: the boundaries
of a contaminated site subject to an environmental covenant may encompass more than one
parcel of real property. Therefore, a covenant will need to be filed for every parcel of real
property with a sufficient legal description for each parcel. If multiple parcels are impacted by
the contamination, you are responsible for coordinating with the landowners and ensuring
that each contaminated parcel has a covenant.
3. Title Search: You must have a professional title search (often called a Limited Liability
Report) performed by a title company for each parcel that will be subject to the covenant.
The title search is necessary to verify the ownership of each parcel and any relevant property
interests held by other parties or other encumbrances. A copy of the title report must be
provided to DEC.
4. Subordination: The title report will identify any prior interests in the property that would
supersede the covenant, such as liens, mortgages, easements, surface or subsurface land rights,
or other encumbrances. If there are such property interests, DEC may require that you obtain
a signed subordination agreement from the prior interest holder to subordinate their interest
to the environmental covenant.
5. Identify the Grantor(s) and Grantee(s): The owner(s) of a parcel subject to the covenant is
named as the grantor(s). The holder is named as the grantee. The holder may be the grantor,
a third party, a municipality or other unit of government, or another person that expressly has
the power to enforce the environmental covenant.
6. Identify who will sign the covenant. The Commissioner of DEC (or delegated department
representative), every holder, and, unless waived by DEC, every owner of the fee simple real
property subject to the covenant must sign. For an environmental covenant affecting a land or
mineral interest of the Alaska Department of Natural Resources (DNR), the signature of the
Commissioner of the DNR (or delegated department representative) may not be waived. In
addition, DEC may require a specified person who has an interest in the real property that is
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the subject of the covenant to sign.
7. Identify who will receive a copy of the covenant. A copy of the recorded covenant must
be provided to:
a. each signer of the covenant;
b. each entity holding a recorded interest in the property;
c. each owner of the property;
d. the municipal government(s), if any part of the property is located within the
boundaries of a city or borough; and
e. any other party stipulated by DEC.
8. DEC Documentation. If not already listed on the DEC Contaminated Sites Database, the
property that is the subject of the covenant will be added to the DEC Contaminated Sites
Database in “Informational” status after the covenant is recorded, and the property will be
displayed on the Contaminated Sites Program (CSP) webmap. [Include this paragraph only if the
property is not already listed on the CSP database.]
9. Recording the covenant. When the covenant has been signed by all parties, the Grantor
must record the entire covenant, but not these instructions, with the DNR Recorder’s office.
Some requirements for recording documents there are below. For more details please visit
http://dnr.alaska.gov/ssd/recoff/preparingDocs.cfm.
• Legibility: Document text must be of consistent clarity (no broken characters, or severe
light and dark zones in text) to ensure that the camera can measure a strong light and dark
contrast between text and background.
• Fee: The appropriate fee should be submitted based on the charges identified on the
current fee schedule. (See http://dnr.alaska.gov/ssd/recoff/fees_RO.cfm).
• “Return To” Name and Address: “Return To” information must contain the name and
complete mailing address (including zip code) of the person to whom the document may
be returned after recording. If “Return To” information is in a cover letter, the letter may
be recorded with the document (becoming part of the public record), provided the
requisite fee is included. Failure to clearly identify the “Return To” information will result
in non-acceptance. Please do not put “Return To” information in the margin area of the
document.
• Signatures/Acknowledgment: Document must be signed, and all signatures present
must be originals (unless the document is a copy authorized to be recorded by other law).
Conveyances, powers of attorney, contracts for sale or purchase of real property, and
options for the purchase of real property must also be acknowledged. Please Note:
Recording staff have no authorization to notarize documents.
• Mailing Addresses: Environmental Covenant documents must contain complete mailing
addresses of all persons who grant or acquire an interest.
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• Book and Page or Serial Number Reference: Any document that amends, corrects,
extends, modifies, assigns, or releases a previously recorded document must contain the
book and page or serial number reference of the prior recording.
• Document size and Media: Documents must be submitted on OPAQUE WHITE
paper stock no larger than 8.5" x 14" in size.
• Legal Description: On a document where a legal description is present, the legal
description must be complete enough that a particular parcel can be geographically located
and identified. A legal description is sufficient for purposes of recording if it contains, at a
minimum, a section, township, range and meridian designation, or in the case of
subdivided property the lot, block, and subdivision name, or plat number of the parcel.
• Margins, Type Size, Paper: Document must have a two-inch margin at top of first page,
with one-inch margins on all remaining sides and on all subsequent pages of the same
document. A $50.00 non-standard document fee can be paid in addition to the
appropriate recording fee if a document can't meet these margin requirements. Please
note: Taping, gluing or stapling one page onto a bigger page to meet margins requirements
is not acceptable and you will be charged the non-standard document fee if submitted in
this fashion. The non-standard fee will also be charged for documents with two-hole
punches at the top of any page. Type size must be no smaller than 10-point font.
For more information on recording requirements, fees, or office locations, please visit the
DNR Recorder’s Office at: www.recorder.alaska.gov
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This Property is subject to an Environmental Covenant
approved by the Alaska Department of Environmental Conservation
ENVIRONMENTAL COVENANT
Grantor(s): [Name of owner(s) and address(es)]
Grantee(s): [all holder(s) and address(es)]
Check the following:
__ Original Covenant
__ Amendment of Covenant
RECITALS
I.This document is an environmental covenant (hereafter “Covenant”) executed pursuant to
Alaska Statute (AS) 46.04.300–46.04.390, the Alaska Uniform Environmental Covenants Act
(hereafter, “the Act”), and Title 18 of the Alaska Administrative Code (AAC) 75.325–390, (the
“Site Cleanup Rules”).
II.The Property that is the subject of this Covenant is situated in [CITY AND/OR
BOROUGH/US Survey, etc.], Alaska, is shown on the map attached as Appendix A, and is legally
described as follows:
[Insert legal description of the real property] (the “Property”).
III.Hazardous substances, pollutants, and/or contaminants are present on or within the Property.
As a result, all or part of the Property is a DEC-listed contaminated site. The contaminated site
here is commonly known as follows:
DEC Site Name: [Insert exact site name as provided in the CS Database]
DEC Hazard ID: [Insert Hazard ID as provided in the CS Database]
Site Address: [Insert address or location]
The current boundaries of the contaminated site are shown in the map attached as Appendix A
(the “Site”). In the event the contamination moves, the Site boundaries will shift as needed to
encompass the contamination in accordance with the definition of “site” in 18 AAC 75.990(115)
or 18 AAC 78.995(134), as applicable.
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IV. This Covenant subjects the Property/Site (if the entire Property is part of a larger site, use property. If the
site is wholly within the property boundary subject to the covenant, use Site) to certain activity and use
limitations and requires the owner (for purposes of this covenant, “owner” means the current
owner) to comply with those limitations as set forth herein and in accordance with the Act. The
applicable activity and use limitations described in this Covenant are necessary to protect human
health, safety, welfare, or the environment and to ensure the integrity of the cleanup remedy
conducted at the Property/Site. Environmental documents pertaining to the cleanup are
available from the Alaska Department of Environmental Conservation (DEC or “Department”)
at the Contaminated Sites Program Website at http://dec.alaska.gov/spar/csp/.
V. The Site is the subject of an environmental response project under the Site Cleanup Rules (18
AAC 75.325–18 AAC 75.390), Underground Storage Tank regulations (18 AAC 78), the federal
Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and/or the
federal Resource Conservation and Recovery Act (RCRA). This Covenant is required because
following completion of a cleanup, residual contamination remains on the Property/Site, which is
safe for some, but not all, activities and uses. [or replace with, This Covenant is required because an
engineered feature or structure is present on the Property/Site that either will not function as
intended if disturbed, or requires ongoing monitoring, maintenance, or operation]. Residual
contamination remaining at the Property/Site includes the following hazardous substances,
pollutants, or contaminants (Contaminants):
Media Contaminants
Soil Add fields/rows as needed
Groundwater
Surface Water/Sediment
VI. The Department enters into this Covenant as a “department” under the Act, with all attendant
rights of a “department” under the Act, which include but are not limited to the right to enforce
this Covenant. This is not an ownership interest and the rights of DEC under the Act are not an
interest in real property.
VII. Unless otherwise indicated in this covenant, the holder of this covenant at any given time is the
current owner of the Property.
VIII. For purposes of indexing in the Alaska Department of Natural Resources (DNR) Recorder’s
office Grantor-Grantee index only, [insert landowner(s) name] shall be considered the Grantor, and
[insert holder(s) name] shall be considered the Grantee(s).
IX. [if superseding another environmental covenant, use this language:] This Covenant supersedes and replaces
the existing covenant, which is recorded at [book, page number and district] with the DNR Recording
District/Office.
COVENANT
Grantor hereby grants to the Grantee and its successors and assignees, the following requirements
and restrictions and declares that the Property described in the legal description above shall
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hereinafter be bound by, held, sold, and conveyed subject to the activity and use limitations set forth
in paragraphs 1 through XX [adjust for correct number of paragraphs actually used], below, which shall run
with the Property in perpetuity and be binding on the Owner and all parties now or subsequently
having any right, title or interest in the Property, or any part thereof, and any persons using the land,
as described herein. Furthermore, it is the intent of the Grantor that such requirements and
restrictions shall supersede any prior interests in the Property.
Summary of Environmental Actions – [Should include description of contamination and remedy, contaminants
of concern, pathways of exposure, limits on exposure, details about contamination and remediation, and location and
extent of contamination. This is a summary, so include the essential facts only and avoid excessive
detail.]
Activity and Use Limitations - By acceptance and recordation of this Covenant, the Property is
hereby subject to the following requirements and restrictions, now or at any time in the future:
[Specify Activity and Use Limitations (the following are examples only and can be tailored as needed):]
1. The owner shall not take any action that may negatively impact or interfere with either the
response action or any operation, maintenance, inspection or monitoring of that response
action without prior written approval from DEC (18 AAC 75.395). “Response action” means
“any action taken to respond to a release or threatened release of a Contaminant, including
mitigation, cleanup, or removal.”
2. The owner shall not take any action that may increase the risks to human health, safety,
welfare, or of the environment at the Property/Site without prior written approval from DEC.
This includes, but is not limited to, any activity that results in the release of residual
contamination that was contained as part of the remedial action or that creates a new
exposure pathway for residual contamination.
3. No groundwater wells shall be installed on the Property/Site without prior DEC approval.
4. Contaminated groundwater underlying the Property/Site may not be pumped, drained, or
dewatered; or used for irrigation, dust control, or any other purpose without prior DEC
approval. If that use is approved under this Covenant, that use is still subject to all applicable
treatment, monitoring, disposal, and permitting requirements.
5. Any construction, modification, or use of buildings on the Property/Site is prohibited without
prior review and approval by DEC.
6. If the use of a building on the Property/Site changes, or if buildings are constructed within
30 feet [replace with 100 feet for non-petroleum contamination] of the contamination on the
Property, DEC must be notified and may require that the owner complete an evaluation of
vapor intrusion and mitigation of any vapor intrusion risks.
7. Excavation, drilling, and other intrusive activities below a depth of [X] feet are prohibited
within the Property/Site, without prior review and approval from DEC.
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8. No grading, excavation, digging, tilling, or other disturbance of any kind of soils is permitted
at the Property/Site without prior review and approval from DEC.
9. The owner shall ensure the cap (XX feet of clean soil, liner and soil, asphalt, concrete…) is inspected
annually and maintained as needed to prevent contact with subsurface contaminated soil, and
to prevent the infiltration of water and potential leaching of contaminants. The owner shall
report any damage to the cap to DEC using the contact info below within ten (10) days after
discovery. The owner shall ensure the cap is repaired as quickly as possible. Documentation of
the repairs shall be submitted to DEC within (30,60,90) days after discovery.
10. The owner shall maintain signs and fencing around the Property/Site to prevent unauthorized
access and limit exposure. These signs must be sufficient to inform the public of the potential
hazards in the area.
11. The Property/Site shall not be used for residential purposes or child day care, educational
facilities, playgrounds, hospitals, or similar facilities without prior review and approval from
DEC.
12. In the event that contaminated soil at the Property/Site becomes accessible in the future, the
owner shall notify DEC, characterize the contamination, and, if determined necessary by
DEC, cleanup the soil pursuant to DEC’s Site Cleanup Rules.
13. The liner (or other passive vapor mitigation approach) shall be inspected annually and
maintained as needed to prevent vapor migration into the overlying building.
14. DEC must be notified in advance of any subdivision or replat of the Property. This Covenant
must be included as part of future Property transactions and attached to subsequent
associated parcels, as determined applicable by DEC.
15. DEC approval is required prior to moving soil or groundwater where contamination remains
above applicable cleanup levels. If DEC approval for movement is granted, any moved soil or
groundwater must still be characterized and managed following regulations applicable at that
time.
16. Movement or use of contaminated material in a manner that results in a violation of 18 AAC
70 Water Quality Standards is prohibited.
17. Groundwater throughout Alaska is protected for use as a water supply for drinking, culinary
and food processing, agriculture including irrigation and stock watering, aquaculture, and
industrial use. Contaminated site cleanup complete determinations are based on groundwater
being considered a potential drinking water source. In the event that groundwater from this
Property/Site is to be used for other purposes in the future, such as aquaculture, additional
characterization and treatment may be required to ensure the water is suitable for its intended
use.
Included in Appendix A is/are a Property Survey or Diagram(s) drawn to scale that shows the
Property boundaries, locations of existing structures, the area that has been cleaned up, the location
and extent of remaining soil and/or groundwater contamination which is subject to the activity and
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use limitations described in this Covenant, alternative points of compliance for groundwater
contamination, and the locations where confirmation soil samples were collected. [This paragraph should
be modified with the specific details shown in the survey/diagram]
Conveyance of Interest - The owner, when conveying any interest in any part of the Property,
including but not limited to title, easement, leases, or other interests must notify DEC at least 30 days
prior to conveyance, and must include in any conveyance document a complete copy of this Covenant
and Appendices.
Successors - The requirements, terms, conditions, and restrictions of this Covenant shall be binding
upon, and inure to the benefit of, the parties hereto and their respective personal representatives,
heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the
Property. The term "Grantor", wherever used herein, and any pronouns used in place thereof, shall
include the persons and/or entities named at the beginning of this document, identified as "Grantor"
and their personal representatives, heirs, successors, and assigns. The term "Grantee", wherever used
herein, and any pronouns used in place thereof, shall include the persons and/or entities named at the
beginning of this document, identified as "Grantee" and their personal representatives, heirs,
successors, and assigns. The rights of the Grantee under this instrument are freely assignable, subject
to the notice provisions contained in this Covenant.
Prior Notification for Changes in Land Use, including Proposed Construction - No less than
30 days before taking action on the Property, the owner shall notify DEC of the following:
• Its intent to propose changes in use of the Property that may affect exposure to contaminants,
and what those changes will be.
• Its intent to apply for a building permit for activities that may affect exposure to contaminants
on the Property, and what those activities will be.
• Its intent to propose any work affecting the contamination on the Property, and what that
work will be.
Notification of Foreclosure Proceedings - If, during ownership of the Property, any third party
notifies the owner of the Property of the initiation of foreclosure proceedings on the Property,
either orally or in writing, the owner of the Property shall immediately notify DEC so that DEC can
take actions to preserve this Covenant.
Notices and Reporting – The owner shall report to DEC every [ 3] years to document the status
of compliance with the activity and use limitations described in this Covenant. Such notice and the
accompanying reports should be mailed to the DEC at:
Alaska Department of Environmental Conservation
Division of Spill Prevention and Response
Contaminated Sites Program
Attention: Institutional Controls Unit
P.O. Box 111800
Juneau, AK 99811-1800
Or be submitted electronically to CS.Submittals@alaska.gov.
[Add third party beneficiary contact information if applicable]
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Authorizations – The owner shall restrict authorizations, including leases, for any portion of the
Property/Site to only those uses and activities consistent with this Covenant. Further, the owner shall
notify all authorized users of the Property of all requirements and restrictions on the use of the
Property.
Access - The Department, including its authorized employees, agents, representatives and
independent contractors, shall have the right of access to the Property granted in connection with the
implementation or enforcement of this Covenant.
Enforcement - The Department and other parties, including parties to the Covenant, described in AS
46.04.335 are empowered to administer and enforce the terms of this Covenant using civil authority
granted to them in AS 46.03. In addition, the Department may use administrative authority granted by
AS 46.03.
Waiver of Certain Defenses - This Covenant may not be extinguished, limited, or impaired
through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse
possession, prescription, abandonment, waiver, lack of enforcement, acquiescence, or any similar
doctrine as set forth in AS 46.04.325(f).
Representations and Warranties - Grantor hereby represents and warrants to DEC, holder(s),
Grantor(s), Grantee(s), and any other signatories to this Covenant that, at the time of execution of
this Covenant, the Grantor lawfully owns the Property in fee simple; that Grantor has a good and
lawful right and power to sell and convey it or any interest therein; and that the Property is free and
clear of encumbrances, except those noted in Appendix B.
Amendment or Termination - This Covenant runs with the land and is perpetual, unless amended
or terminated pursuant to AS 46.04.325 or 46.04.330.
Subsurface Rights - The activity and use limitations required by this environmental covenant apply
to the Property shown in Attachment A. They are not intended to affect the rights of the subsurface
estate under applicable state and federal law.
Controlling Law - This Covenant shall be construed according to and governed by the laws of the
State of Alaska.
Liberal Construction - Any general rule of construction to the contrary notwithstanding, this
Covenant shall be liberally construed in favor of the establishment of activity and use limitations that
run with the land to effectuate the purpose of this Covenant and the policy and purpose of the
environmental response project and its authorizing legislation. If any provision of this Covenant is
found to be ambiguous, an interpretation consistent with the purpose of this Covenant that would
render the provision valid shall be favored over any interpretation that would render it invalid.
Joint Obligation - If there are two or more parties identified as Grantor herein, the obligations
imposed by this Covenant upon them shall be joint and several.
Effective Date - This Covenant is effective on the date it is recorded with the appropriate
recorders’ office.
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List of Appendices:
Appendix A – Legal Description, Map(s) of the Property and Diagram(s) Showing
Location of the Contamination Figures and diagrams must be legible when scanned or
printed in black and white
Appendix B – List of Recorded Encumbrances or Limited Liability Report
Appendix C –Subordination Agreement(s) Delete if not needed
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GRANTOR(S) SIGNATURE BLOCK
The undersigned Grantor warrants she/he holds the title to ____________ [property] _________
OR ___________ [easement, right-of-way or other on the property] ______________ and has
authority to execute this instrument.
EXECUTED this _______ day of ______________________, 20___.
________________________________________ ___________________________________
Printed Name Title
________________________________________ ___________________________________
Signature Date
------INDIVIDUAL Delete this section if not needed
THIS IS TO CERTIFY that on this _____day of ____________ 20____ the undersigned personally
appeared before me, acknowledged that she/he is the individual described herein and who signed and
executed the within and foregoing instrument at her/his free and voluntary act and deed pursuant to
AS 46.04.300-46.04.390 for the uses and purposes therein.
WITNESS my hand and official seal this _____day of _________ 20 ____ at
______________, Alaska.
____________________________________
Notary Public in and for the State of Alaska
My Commission Expires: ________
------CORPORATION Delete this section if not needed
THIS IS TO CERTIFY that on this _____day of ____________ 20____ the undersigned personally
appeared before me, acknowledged that she/he is the ____________[title]____________of the
corporation described herein and who signed and executed the within and foregoing instrument by
free and voluntary act and deed of said corporation, pursuant to AS 46.04.300-46.04.390 for the uses
and purposes therein.
WITNESS my hand and official seal this _____day of _________ 20 ____ at
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______________, Alaska.
____________________________________
Notary Public in and for the State of Alaska
My Commission Expires: ________
---------Representative Delete this section if not needed
THIS IS TO CERTIFY that on this _____day of ____________ 20____ the undersigned personally
appeared before me, acknowledged that she/he is the ________ [type of representative] _______of
_________ [name of Grantor] ________ described herein and who signed and executed the within
and foregoing instrument to be the free and voluntary act and deed of the Grantor pursuant to AS
46.04.300-46.04.390 for the uses and purposes therein.
WITNESS my hand and official seal this _____day of _________ 20 ____ at
______________, Alaska.
____________________________________
Notary Public in and for the State of Alaska
My Commission Expires: ________
DEC SIGNATURE BLOCK
__________________________________________ ___________________
Notice Approved by Authorized DEC Representative Date
________________________________________ ____________________
Printed Name of Authorized DEC Representative Title
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Appendix A
Legal Description, Map(s) of the Property and Diagram(s) Showing
Location of the Contaminated Site (drawn to scale)
Figures and diagrams must be legible when scanned or printed
in black and white
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Appendix B
List of Recorded Encumbrances or Limited Liability Report
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Appendix C –SUBORDINATION AGREEMENT Delete this section if not needed
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY
INSTRUMENT.
THIS AGREEMENT, made this day of , 20 , by
________________________, owner of the land hereinafter described and hereinafter referred to as
"Grantor", and , present owner and holder of the _________[Instrument –
Easement/right of way/mortgage/other lien]________ executed by ________[party that granted the
property interest being subordinated]________, for the use and benefit of ____________, the
original grantor, dated ______________, 20___ and recorded in _______ City/Borough_______ of
_________ Recording District ________ of the State of Alaska, does hereby agree that said
Instrument shall be subordinate to the interest of the Environmental Covenant under AS
46.03.300(e). Executed by [To be executed by]____________________ [Party signing subordination
agreement] and recorded in _______ City/Borough_______ of _________ Recording District
________ of the State of Alaska.
________________ [Signature] ________________
By: _____________ [Printed Name] _____________
Title: _____________________________________
Dated: ____________________________________
------INDIVIDUAL
THIS IS TO CERTIFY that on this _____day of ____________ 20____ the undersigned personally
appeared before me, acknowledged that she/he is the individual described herein and who signed and
executed the within and foregoing instrument at her/his free and voluntary act and deed for the uses
and purposes therein.
WITNESS my hand and official seal this _____day of _________ 20 ____ at
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______________, Alaska.
____________________________________
Notary Public in and for the State of Alaska
My Commission Expires: ________
------CORPORATION
THIS IS TO CERTIFY that on this _____day of ____________ 20____ the undersigned personally
appeared before me, acknowledged that she/he is the ____________[title]____________of the
corporation described herein and who signed and executed the within and foregoing instrument by
free and voluntary act and deed of said corporation for the uses and purposes therein.
WITNESS my hand and official seal this _____day of _________ 20 ____ at
______________, Alaska.
____________________________________
Notary Public in and for the State of Alaska
My Commission Expires: ________
---------Representative
THIS IS TO CERTIFY that on this _____day of ____________ 20____ the undersigned personally
appeared before me, acknowledged that she/he is the
________ [type of representative] _______ of _________ [name of grantor] ________ described
herein and who signed and executed the within and foregoing instrument to be the free and voluntary
act and deed of the grantor for the uses and purposes therein.
WITNESS my hand and official seal this _____day of _________ 20 ____ at
______________, Alaska.
____________________________________
Notary Public in and for the State of Alaska
My Commission Expires _________
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