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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 ��aof sz;k►sartrrr�tt`t 014, IRP SEAL ,sue i 4�;9E Qi= ✓ ��gq'bX4 "#'Creaa:sas% 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 • UTQIAGVIK KOTZEBUE A L A S K A ARCT1� GtFC • o CANADA ` FAIRBANKSj McGRATH • PROJECT LOCATION a ANCHORAGE • • HAINES BETHEL • SEWARD JUNEAU n ® GULF OFALASKA BRISTOL BAY K ODIAK SITKA \ ,I Subject Property: Lot 7A, Project Location & Vicinity Fort Raymond Subdivision N Chugachmiut Replat Date: November 30, 2021 Feet 0 250 500 1,000 p p W L IFigure 1 K:\32\63415-01\60GIS\Planning\Planninq.aprx Location Vicinity I14 T1NR1EC34 T1NR1 SEC34SEWARD T1NR1 SEC SEW RD SEWARD MERIDIAN SW .MERIDI S -01 004 MERIDIAN SW 087001 T 1 N R 1W SEC 34 SEWARD 0876012 FORT RAYMOND F Rd YMOND SUB FORT R4YM0ND SUB MERIDIAN SW 2012012 SUB REPEAT NO 1 LOT 9A� umEAT NO 4 LOT 11A3 REPEAT N01 LOT 12-A FORT RAT REPEAT NOO 3 3 LOT LOT 8A-A-3 a rr.l i t nn T1NR1WSEEE4SE�NARD MERIDIAN SW 0870018 a � � FORTRAYM�NDSUB r. T1NR1WEC34SRD 1 MERIDIAN SW 2012012� Q m m FORTRAYMONDSUB � ' REPEAT NO 3 LOT 6A-2 , * M• „ o T 1 EC"34 ' r w - SEWARD MERIDIAN r 0870012 FORT RAYMOND ¢ m ' w SUB REPLAT NO 1 LOT 7AAAAK y 11 ip Quo S. y_y�.► SEWARD MERIDIANSW ��o ,; �°'o ,F ro ""' T1N&1SR1WSEC 200201 FORT RAYMONDc� N z 34 & 3 SEWARD MERIDIAN SW SUB REPEAT NO 2 LOT 1A, uwi ¢ a p o THOSE PTN KNOWN AS THE mopo } ALASKA RAILROAD TERMINAL RESERVE IN SEWARD T1NR1 SE�34SE�NARD ��'� MERIDIANS 0860010 � � � U FORTR4YMONDSUBLOT2 �* M o T 1N R 1VV SEC 34 SEWARD e MERIDIAN SW 0860010 FORT r t .r, m z o m w RAYMOND SUB LOT 4 Z Y qq y { H Subject Property: Lot 7A, Fort Raymond Subdivision ® Parcel Boundary (KPB) Site Layout Chugachmiut Replat AK Date: November 30, 2021 D O W L Figure 2 15-01\60GIS\Plannino\Plannino.aorx Site Lavout Source: Esn,, M—r,, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AemGRID, IGN, and the GIS User Community M o, e P 9 17,E I Subject Property: Lot 7A, Fort Raymond Subdivision ® Parcel Boundary (KPB) 4-ft Topographic Contour Topographic Map Chugachmiut Replat Date: November 30, 2021 B O W L I Figure 3 :\32\63415-01\60GIS\Plannino\Plannina.aorx Tom Map Source: Esn,, M—r,, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, A —GRID, IGN, and the GIS User Community s a T 1 NrR 1W SEC 34 SEWARD MERIDIAN SW 2012012 FORT RAYMOND SUB °a R LAT NO 3 LOT 8A-3 poll11111111111111w*� 1 1 � t,.z - �'- I T1NR1W EC34SEWARD 1 $00 MERIDIAN SW 201�2012� F(.1RT R41/,AA(.�ND S UB , T1NR1 SEC34 rSUB W2L1@JTQA, 4 pit�`kYv T1NR1VV.SEC 34 SEWARD MERIDIAN SW 9 'U 0870012 FORT;RAYMOND�, SUBREPLAT,NO1L,OT9A {ir« 1 � i f� YII►. i. „ ..[�ut.v N A LOT 6A-2 1�r ' T1NiRJ1 SEC•34 r SEWARD MERIDIAN $W r 0870012 FORT RAYMOND SUB REPLAT NO LOT 7A �Q`/' �o z� �w P a�o Ilk U N l w T1N&1SR1WSEC 34 & 3 SEWARD MERIDIAN SW r THOSE PTN KNOWN AS THE o " ALASKA RAILROAD TERMINAL a w � LL RESERVE IN SEWARD 0- 3 1 N R 1VV SEC 34SEWARD e T w MERIDIAN SW RAYMOND 0860010 FORT SUB LOT 4 t N l Q wr F d, Y 10 � Q o Z N o MR Subject Property: Lot 7A, ® City Sewer Gravity Main City Water & Sewer Mains Fort Raymond Subdivision . City Water Main 0 Parcel Boundary (KPB) �N Chugachmiut Replat U Date: November 30, 2021 Feet 0 50 100 200 D O W L Figure 4 K:\32\63415-01\60GIS\Planning\Plannina.aorx Citv Water & Sewer Source: Esn,, M—r,, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AemGRID, IGN, and the GIS User Community 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 INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN TITLE INSURANCE COMPANY WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN TITLE INSURANCE COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN. 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 wi�uu�y-� `• •..rti werxirc • r �`•• 3<.:e i:'99 yAA E •\ i i __.__ Gwr..,<wrI dOroxr<crir '� �`Ig�wmar<aram•'! ` �u l'lu �'� x� -w ....rv.w...s i - ___ � n Y� me r^•. m�.....e% ---------------- {�mJdy ,qV �.m rc°aerosrA ___.rcT__ S! �� A.r drrwnr.< \ �w ��� g; •; -; ..fib \ " �. mm ..-. �.. y2'fy-5{ Jrw�ise Rr<eamx Oi,rver Purt6 B6�/0./ Jxar+us •_.... \ '\'�` Sd a<">'��RCl�IW TUViuro+r dAMriou [Ir Co„ovrme bc.. trus .,�*1, \ , } W wRerw+<rrn 3r<. dI.ILRrR//K,SM.Cnrd >• ` .. �•. Su'N,r 198 It le/de! �" / `• I \ �':+++ e0. A 2011-000792-0 A Recording Dist: 314 - Seward s 7/19/2011 9:19 AM Pages: 1 of 3 K ! I If f I 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 ItIA + �� �Cl R/cy��4 OVA Notary Public in and for Alaska +t aAv * ± My Commission Expires: �gG� P AL'S} E(�� RETUI�i� � ity of Seward ','P.0 Box 7 ��� Mill ```\ Seward, AK99664 RECORDED IN SEWARD RECORDING DISTRICT I I II��VI����III III!I�I ��IIII 2 of 3 2011-000712.0� r Page 1 of 1 TrrLE :Ex7ib7t" Dare 8-22-11 naaFt Ray Mil C FORT RAYM❑ND SUBD,, REPEAT N❑, 1 9A -''SEA LION AVE:'�,, =_ --------- - - ---- ----- ;\ - -_ e Q -'(10 feet ,� Utility easement Z O 200' RADIUS WELL ESM'T xI 8-22-11 7A ----------ESE'---- __�C-=-----------------.»__ -- -------------------- GL 'JiV GU ' SEi 120 UTIL, E.SM T, S 1 ap ss «- ----------------- ----------------- -----------------------------------------— Ifilllllll Ills IIIIIIIIIIIIL! 3 of 3 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 oi ............ . ------- ------- -------­------------- ---------- ... . ..... . ... ---------- V4 ........... 200' Radius WL-11 L4 Easement For City ------------ i -----------Well #3 being Voca ted by this Document Kenai Peninsula Borough Planning Commission Resolution 2012-36 page 2 of 2 IN 11111111111111111101111 Ill 2 of 2 2012-001050-0 49 ! l�PRCLIMINFlRv as NEaa ,o eE ao, sory �aE�ory�MEry,s ,o aE s�, a� - FORT RAYMOND SUBDIVISION REf12T N0.1 Lm _----- a< — — — — — — — — — — — — — o o — Jao�aoL———— —i — — —— —_ _ _ _ _ _ - _—SFA 0 nVENUE _—_ _ -+_—_ _ _ _ --_ _— nil _____ ao ao�-------- i ,o eu FORT RAYMOND SUBDIVISION REPLAT NO. 1 it i Peal No. a i i i L — — -----y—T / __ ----- __ a 0 a o` p� ------- S n o 0 - P. --�/ 7 o / m FORT RAYMOND SUBDIVISION REPLAT NO. 2 li ao ao U 0 I s( I III II li -1 No. I I III Ili li I I g nsPE III III II I � PRELIMINARY FOR REVIEW ONLY THIS PLAT -_ f k / 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 �42: . v Chugachmiut Clinic Access 4%. Seward, AK 1 Date: October 26. 2021 n 5a 100 p p �/ L Figure 1 win AWeV .E =*roft; EuDOF NWOITIEI -MWOSWATMAY 2.0 -X2y 'S cspwxr sw m CMI N K* 41 o/ F. Ln 7'... , 77 6 ?t()PACas A FEM LI L T— E -A. WASING/ NOT Twr R. M LAPM 0FRET TO D b's LlLwr. sw 'ONE WAY 4ir JIV �.,, PArd0H HE N\�= 70 1 - `n4 P 8K HE sw *mx3 N LAN B IQ -410 M)D ZOE p p LU Ato LLI 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)