HomeMy WebLinkAbout08012023 P&Z Regular Meeting Packet Planning & Zoning Commission
Meeting Packet
Regular Meeting
Tuesday, August 1, 2023
Council Chambers, City Hall
7:00 p.m.
1963 1965 2005 The City of Seward,Alaska
nbaftmi�a PLANNING AND ZONING COMMISSION
MEETING AGENDA k
City Council Chambers,410 Adams Street
Chair Clare Sullivan Commissioner Sean Ulman Acting City Manager Norm Regis
Vice Chair Vanessa Verhey Commissioner-Vacant City Clerk Kris Peck
Commissioner Nathaniel Charbonneau Commissioner-Vacant Community Dev. Director Jason Bickling
Commissioner Brenan Hornseth City Planner Courtney Bringhurst
August 1, 2023 at 7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
(Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36
minutes total time for this agenda item.)
5. APPROVAL OF AGENDA AND CONSENT AGENDA
(Approval of ConsentAgendapasses all routine items indicated by asterisk(*). Consent Agenda items are not considered
separately unless requested by a commissioner. In the event of such a request, the item is returned to the Regular
Agenda.)
6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS
A. Proclamations and Awards -None
B. City Administration Report........................................................................Page 3
C. Other Reports and Announcements -None
D. Presentations -None
(Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased
by the commission)
1
7. CONSENT AGENDA
A. Minutes of Preceding Meeting
*1. Approval of the June 6, 2023 Planning and Zoning Commission Meeting Minutes.........Page 5
B. Other Items -None
8. 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
1. Resolution 2023-015, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Original
Townsite of Seward, Shea Replat, Lot 25A, Block 14; Located at 308 Second Ave; Creating
Seward Original Townsite, Verhey Replat, Lot 25A-1 and Lot 26A, Block 14................Page 8
9. UNFINISHED BUSINESS
A. Resolutions -None
10. NEW BUSINESS
A. Resolutions -None
B. Other New Business
1. Discuss topic for August 15th work session.
It. INFORMATIONAL ITEMS AND REPORTS (No action required.)
A. Reminder: Tuesday, August 15, 2023 Planning and Zoning Work Session at 6:00pm in the
Council Chambers, City Hall.
B. Reminder: Tuesday, September 5, 2023 regular meeting at 7:00 pm in the Council Chambers,
City Hall.
12. CITIZEN COMMENTS
(There is no sign in for this comment period. Time is limited to five(5) minutes per speaker.)
13. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN
COMMENTS
14. ADJOURNMENT
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Community Development Department
Jason Bickling
➢ P&Z had a great work session on July 11th looking at sign codes and land use
regulations.
➢ Due to some staff vacations, we are shifting some P&Z meetings for the rest of
July. Planning and Zoning will be continuing work on scheduled business items
and the Cemetery Master Plan on August 1 st in a combined meeting and work
session.
➢ We are continuing to work on platting pieces for the new Public Works Facility.
➢ We are continuing to work with the Utility Department regarding some
easements, right of ways, and pole placements - considering possible future land
use.
➢ We will be reviewing CUPs starting at the beginning of August. After we go
through our CUP review process P&Z will be reviewing applicable code. Our
code currently doesn't have a lot of teeth for following up and helping with non-
compliance to the CUP.
➢ Chugachmiut is doing the groundwork for their new facility. We are still working
through some property development pieces (utilities, access, etc.) as they finalize
the engineering and designs.
➢ We are continuing to work through the compliance process with the attorney on
the illegal STIR that we filed suit with. I believe that we are getting close to
resolution with compliance and fines/fees.
➢ We are still (patiently) waiting for the ADEC decision on the Jesse Lee Home
Property review. I will let Council know immediately when we hear back from
them on whether more mitigation will need to be done.
➢ Our long-term Temp is continuing to work on scanning and archiving for the Com
Dev, Fire, Public Works, and Electric Departments.
➢ We are continuing with our normal business of processing of records requests,
short term rental permits, replats, rezones, CUPs, and consulting regularly with
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community members that have questions about the development and use of their
land and helping with applications.
GIS Report:
- Selena is continuing to work with Public Works data. She has created an updated
Water and Sewer Map so that the changes that are made in the field by Public
Works will reflect on the map.
- The web map for Conditional Use Permits has now been added to our
Mapping/GIS webpage under the Planning & Zoning section. The CUPs and
associated resolutions have been attached to the features themselves to make it
easier to read the conditions.
- Selena has finished updating the Muni Land Plan's mapping imagery for this
year's future review.
- Selena is working on a Future Land Use Map audit to coincide with Courtney's
work on the zoning history map. Once this research is finished, mapping
applications/layers will be added to the online zoning map as well as updating the
printed versions.
4
City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
June 6, 2023 Volume 8, Page
CALL TO ORDER
The June 6, 2023 regular meeting of the Seward Planning & Zoning Commission was
called to order at 7:00 p.m. by Chair Clare Sullivan.
OPENING CEREMONY
Commissioner Charbonneau led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Clare Sullivan presiding, and
Vanessa Verhey Nathaniel Charbonneau
Victoria Monaco Brenan Hornseth
Troy Staggs Sean Ulman
Comprising a quorum of the Commission; and
Jason Bickling, Community Development Director
Courtney Bringhurst, City Planner
Selena Soto, GIS Technician
Kris Peck, City Clerk
Excused—None
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING—None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau/Verhey) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the May 9, 2023 Planning and Zoning Commission Meeting Minutes.
SPECIAL ORDERS,PRESENTATIONS AND REPORTS
Proclamations and Awards —None
City Administration Report
5
City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
June 6, 2023 Volume 8, Page
Community Development Director Jason Bickling stated he would like to add the most
recent City Manager Report to the P&Z packets to keep the commissioners updated.
Sullivan asked about compliance issues with short term rentals. Bickling said their
compliance was very high, but the few that were out of compliance tended to be very difficult to
deal with.
Other Reports and Announcements —None
Presentations—None
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2023-014,A Resolution of the Planning and Zoning Commission of the City of Seward,
Alaska, Recommending the City Council Amend Portions of Seward City Code; 15.10.222
Development Requirements—Table Notes, Letter E
Motion (CharbonneauNerhey) Approve Resolution 2023-014
Community Development Planner Courtney Bringhurt said the item was brought back
to P&Z at the request from city council. The main difference from the previous version was Harbor
Commercial Zone was not listed in Table Note E with the minimum of 9000 square feet.
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.
Charbonneau wanted to postpone the resolution until P&Z could have a dedicated work
session on the topic.
Motion to Postpone (CharbonneauNerhey) Postpone Resolution 2023-014
Motion Passed Unanimous
UNFINISHED BUSINESS—None
NEW BUSINESS
Other New Business Items
Discuss creation of an ad hoc committee to review the compliance status of approved
Conditional Use Permits.
Bickling said there were a lot of Conditional Use Permits that had been issued, but there
was not a review process in place. He was interested in forming an ad hoc committee to review
6
City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
June 6, 2023 Volume 8, Page
the permits that had been issued.
Motion (Sullivan/Charbonneau) Direction to Form an Ad Hoc Committee
to Review Compliance Status of Approved
Conditional Use Permits.
Motion Passed Unanimous
Discuss topic for work session on June 20,2023
The commission wanted to focus on Title 15— Signs and push the Comprehensive Plan to a later
date.
INFORMATIONAL ITEMS AND REPORTS
Reminder: Tuesday, June 20, 2023 Planning and Zoning Work Session at 6:OOpm in the
Council Chambers, City Hall.
Reminder: Tuesday, July 11, 2023 regular meeting at 7:00 pm in the Council Chambers, City
Hall.
CITIZEN COMMENTS—None
COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO
CITIZEN COMMENTS
Charbonneau thanked administration for their work.
Bickling noted that P&Z Work Sessions started at 6:00 p.m. and the regular meeting started
at 7:00 p.m. Bickling wanted to standardize the P&Z meeting times so both the work sessions and
meetings were at a consistent start time.
Sullivan supported both earlier and more consistent start times. She noted this would be a
public hearing item to change city code.
ADJOURNMENT
The meeting was adjourned at 7:51 p.m.
Kris Peck Clare Sullivan
City Clerk Chair
(City Seal)
Planning and Zoning Agenda Statement
Meeting Date: August 1, 2023 ►
To: Planning and Zoning Commission
Through: Jason Bickling, Community Development Director
From: Courtney Bringhurst, Planner
Agenda Item: Resolution 2023-015: Recommending Kenai Peninsula Borough Approval of
the Preliminary Replat of Original Townsite of Seward, Shea Replat, Lot
25A, Block 14; Located at 308 Second Ave; Creating Seward Original
Townsite, Verhey Replat, Lot 25A-1 and Lot 26A, Block 14
Background and justification:
Attached for the Commission's review and recommendation to the Kenai Peninsula Borough
Planning Commission is a preliminary replat submitted by Stacy Wessel on behalf of Richard,
Janette, and Vanessa Verhey.
This replat does not create any additional lots. The size and boundaries for the original Lot 25A
and the west 1/2 of Lot 26 and 27 are being modified. Lot 25A will be returned to the original 30'
x 100' lot size, and the north portion of Lot 25A will be combined with the west 1/2 portion of Lots
26 and 27 to form one 60'x 100' lot. The home located on the west 1/2 of Lot 26 and 27 has a
dwelling unit upstairs that is only accessibly from the stairs on the east side of the building. Those
stairs encroach onto Lot 25A and can only be accessed by crossing Lot 25A. The proposed replat
will fix this encroachment and issues with access.
The home located on Lot 25A is currently a non-conforming structure due to inadequate side yard
setbacks. The proposed replat will create an additional non-conformity of lot coverage since the
footprint of the home will take up 46% of the lot instead of the required 35%. Proposed Lot 25A-
1 still provides adequate parking for a single-family home with a one-car garage and parking
space on the east side of the home.
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.
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 Single-Family Residential (R1).
Size; Lot 25A-1 will be 3,000 square feet and Lot 26A will be 6,000 square feet.
Utilities.All city utilities are already available and connected to the properties.
8
Existina Use; The Lots currently have dwellings built on them and are used for residential
purposes.
Access; Both lots have access to Second Ave to the west and an alley to the east.
Flood Zone; According to the Kenai Peninsula Borough Floodplain map, the parcels are not
within a flood zone.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 3.2.1 Promote residential and commercial development
Plan: within the city of Seward and its vicinity in accordance with community
values.
Strategic Plan: N/A
Staff Comments
Department Comments No N/A
Comment
Building Department X
Fire Department X
Public Works X
Department
Harbor Department X
Police Department X
Electric Department X
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 further correspondence is received after publication of this agenda statement, it
will be submitted to the Commissioners for their review.
Recommendation
Commission approve Resolution 2023-015, recommending Kenai Peninsula Borough Approval of
the Preliminary Replat of Original Townsite of Seward, Shea Replat, Lot 25A, Block 14; Located
at 308 Second Ave; Creating Seward Original Townsite, Verhey Replat, Lot 25A-1 and Lot 26A,
Block 14
9
Sponsored by: Applicant
Public Hearing: August 1, 2023
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2023-015
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI
PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT
OF ORIGINAL TOWNSITE OF SEWARD, SHEA REPLAT, LOT 25A,
BLOCK 14; LOCATED AT 308 SECOND AVE; CREATING SEWARD
ORIGINAL TOWNSITE, VERHEY REPLAT, LOT 25A-1 AND LOT 26A,
BLOCK 14
WHEREAS, Stacy Wessel has submitted apreliminary replat in behalf of Richard,Janette,
and Vanessa Verhey to the City of Seward for review and recommendation to the Kenai Peninsula
Borough; and
WHEREAS, Lot 25A is currently 6,000 square feet, and zoned Single-family Residential
(R1); and
WHEREAS,this replat will adjust the boundaries between Lot 25A and the west 1/2 of Lots
26 and 27; and
WHEREAS, the entrance and exit to the upper floor of the home located on the west 1/2 of
Lots 26 and 27 can only be accessed by crossing through Lot 25A; and
WHEREAS,the northern portion of Lot 25A is currently used for parking by the residents
of the dwelling on Lots 26 and 27; and
WHEREAS, the owners of both Lots wish to resolve these access issues by creating two
lots that both have direct access to the alley to the east; and
WHEREAS,proposed Lots 25A-1 and 26A are not located within a flood zone; and
WHEREAS,both lots currently have access to all City utilities; 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 Kenai Peninsula Borough regarding subdivision plat proposals within
the City of Seward.
10
Seward Planning and Zoning Commission
Resolution No. 2023-015
Page 2 of 2
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 Kenai Peninsula Borough approve the submittal of the Replat of
Original Townsite of Seward, Shea Replat, Lot 25A, Block 14; Located at 308 Second Ave;
Creating Seward Original Townsite, Verhey Replat, Lot 25A-1 and Lot 26A, Block 14.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 1st day
of August, 2023.
THE CITY OF SEWARD,ALASKA
Clare Sullivan, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Kris Peck
City Clerk
(City Seal)
11
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Preliminary Replat of Original Townsite of Seward 308 Second Ave
/ \
Shea Replat, Lot 25A, Block 14; Creating Seward - � � �1 Drawn By: Selena Soto
Original Townsite, Verhey Replat, Lot 25A-1 and N 0 40 80 160 Feet
Lot 26A, Block 14
Due to different data sources property lines and aerial imagery do not overlay correctly.
Map is to be used for orientation and reference purposes only.
12
Community Development/ Planning & Zoning
410 Adams St,Seward,Alaska 99664 •(907)224-4048 • (907)224-4020
or email: planning@cityofseward.net
PRELIMINARY PLAT SUBMITTAL FORM
F71PRELIMINARY 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 25A, Block 14, Shea Replat and West 1/2 of Lots 26 and 27,
Section,Township,Range SW 1/4, Section 10,T1S, R1W, SM AK
General area description Downtown Seward
City Seward Total Acreage 0.207
SURVEYOR
Company: AK Lands, Land Surveying Contact Person: Stacy Wessel
Mailing Address: PO BOX 110485 City,State,Zip Anchorage,AK 99511
Phone: 907-744-LAND e-mail: aklandsC@aklands.com
PROPOSED WASTEWATER AND WATER SUPPLY
WASTEWATER on site QCity WATERQon site ZCity
SUBMITTAL REQUIREMENTS
A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after
a complete application has been received.
❑✓Electronic file of Plat and
®Preliminary 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-City staff 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):Stacy Wessel Signature:
Phone: 907-744-LAND I e-mail: akan s a lands. om
Name(printed): Signature:
Phone: e-mail:
Name(printed): Signature:
Phone: e-mail:
FOR OFFICE USE ONLY
RECEIVED BY DATE SUBMITTED Receipt #
13
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
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
C. Name and address of owner(s),as shown on the KPB
records and the certificate to plat,and registered land
surveyor;
2. North point;
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
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,
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;
7. Status of adjacent lands,including names of subdivisions,lot lines,
block numbers,lot numbers,rights-of-way;or an indication that the
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;
10. Block and lot numbering approximate dimensions and total
numbers of proposed lots;
11. The approximate location of known existing municipal wastewater
and water mains,and other utilities within the subdivision and
immediately abutting thereto
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
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: Verhey Replat Date 7-q-93
14
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Anchorage, AK 99515
rA�N LANDS (907)744-LAND
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Surveying— aklands@aklands.com
�-- http://akiands.com
July 9, 2023
City of Seward
Planning and Zoning Commission
410 Adams Street City Hall Building
Seward, AK 99664
Subject: Preliminary Plat-Verhey Replat
Dear Planning and Zoning Commission,
This letter addresses encroachments observed while conducting a survey at 308 and 310 2"d Avenue St.,
and how the replat will resolve these issues.
This plat reconfigures three existing lots into two lots.
1. Lot 26A will be created by combining the W l of Lot 26 and 27, Block 14 and the northerly
portion of Lot 25A, Block 14 into one lot.A two-story building exists at 310 2nd Avenue.
a. Any encroachments by the building(310 2"d Ave) and its appurtenances onto the W1/2
of Lot 26 onto the W 1/2 of Lot 27 and onto the northerly portion of Lot 25A, Block 14
will be resolved when Lot 26A is created.Currently,there is a boardwalk/walk-way that
extends from the front of the house into Second Ave.The boardwalk, is a couple inches
above grade, and does not appear to be a permanent structure fixed to the ground.The
boardwalk serves as a safe pathway from the parking area to the existing building and
does not impede nor obstruct traffic.
2. The southerly remainder of Lot 25A, Block 14,will create approximately a 30' by 100' lot that
was originally platted by the Townsite of Seward. A single-story building exists at 308 2"d
Avenue.
a. A boardwalk wraps around the northerly part of the building.The boardwalk extends a
little bit more than%foot into the W1/2 of Lot 26.The boardwalk is similar to the one
described above, its a couple inches above grade, and does not appear to be a
permanent structure fixed to the ground.
b. There is a short,wooden retaining wall that extends from the SW corner of 310 2nd Ave,
jags towards the westerly property line of Lot 25 A, Block 14, runs parallel along said
property line,then protrudes west extending into 21d Ave.The wooden retaining wall
serves to support the parking area in front of both buildings and protects the change of
grade between the parking area and buildings.The wooden retaining wall does not
impede nor obstruct traffic.
Resp II -
AK La , and Surveying by
Stacy Wessel, Professional Land Surveyor
1 of 4
16
Letter of Authorization
I, Richard J.VerheV and Janette Verhev, owner or authorized agent of Lot 25A, Block 14,Shea Replat,
Plat No. 2003-16 and Vanessa Verhev, owner or authorized agent of W% of Lots 26 and 27, Block 14,
Original Townsite of Seward, Alaska, Plat no. S-1, authorize AK Lands, Land Surveying LLC to represent
me before the City of Seward and Kenai Peninsula Borough for all requests related to the platting action
and its related activities.
�1 Ghad l Vaheo
Richard J.Wrhe (Jul9 2023 15:5 DTI
Signature
Richard J, Verhey
Name
Jul 9, 2023
Date
Signature
Name
Date
Signature
Name
Date
17
Letter of Authorization
I, Richard J. Verhey and Janette Verhey, owner or authorized agent of Lot 25A, Block 14,Shea Replat,
Plat No. 2003-16 and Vanessa Verhey_, owner or authorized agent of W% of Lots 26 and 27, Block 14,
Original Townsite of Seward, Alaska, Plat no. S-1, authorize AK Lands, Land Surveying LLC to represent
me before the City of Seward and Kenai Peninsula Borough for all requests related to the platting action
and its related activities.
,7IyETT� VURI`UY
JANETTEVERHEY Ju14 202315:57MDT
Signature
Janette Verhey
Name
Jul 9,2023
Date
Sign atu re
Name
Date
Signature
Name
Date
18
Letter of Authorization
I, Richard J.Verhey and Janette Verhey, owner or authorized agent of Lot 25A, Block 14, Shea Replat,
Plat No. 2003-16 and Vanessa Verhey_, owner or authorized agent of W%: of Lots 26 and 27, Block 14,
Original Townsite of Seward, Alaska, Plat no. S-1, authorize AK Lands, Land Surveying LLC to represent
me before the City of Seward and Kenai Peninsula Borough for all requests related to the platting action
and its related activities.
Y& W :L-D
Vanessa Verhey(Jut ` 23 09:54 AKDT)
Signature
Vanessa Verhey
Name
Jul 8,2023
Date
Signature
Name
Date
Signatu re
Name
Date
19
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First American Title Insurance Company
44296 Sterling Highway, Suite 2
Soldoina,AK 99669
Phone: (907)262-5708/Fax: (907)262-9594
PR: NWEST Ofc: 0229(3434)
Final Invoice
To: AK Lands,Land Surveying LLC Invoice No.: 3434-22916261
13521 Venus Way Date: 06/28/2023
Anchorage,AK 99515
Our File No.: 0229-4079758
Title Officer: Dustyn Fergus
Escrow Officer:
Customer ID: 8633099
Attention: Stacy Wessel Liability Amounts
Your Ref.:
RE: Property:
308 and 310 Second Avenue,Seward,AK 99664
Buyers: Richard J.Verhey,Janette M.Verhey,et al
Sellers:
Description of Charge Invoice Amount
Guarantee: Subdivision/Plat Certificate(Non Taxable) $300.00
INVOICE TOTAL $300.00
Comments:
Thank you for your business!
To assure proper credit,please send a copy of this Invoice and Payment to:
Attention:Accounts Receivable Department
To pay electronically go to, https:l#iirstam.uslpaytitleinvoice, or mail check to PO Box 31001-2281
Pasadena, CA 91110-2281
Printed On:06/28/2023,10:11 AM Requester: dmf Page:1
24
A" Subdivision Guarantee
5 w First American Issued b
., Y
First American Title Insurance Company
Guarantee GUARANTEE NUMBER
5033602-0229-4079758
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS
AND STIPULATIONS OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a Nebraska corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability
stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances
set forth in Schedule A.
FIRST AMERICAN TITLE INSURANCE COMPANY
By: By:
Kenneth D. CeGiorrgio, Presiden- Lisa W. Cornehl, Secretary
This jacket was created electronically and constitutes an original document
FirstAmerican Title Insurance Company
0311"1 Z"
Dustyn Fergus, Title Officer
Form 5033602 (4-10-18) Page 1 of 7 CLTA 14 Subdivision Guarantee(4-10-75)
25 Alaska
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in (a) Defects, liens,encumbrances, adverse claims or other matters
Schedule A of this Guarantee, the Company assumes no affecting the title to any property beyond the lines of the land
liability for loss or damage by reason of the following: expressly described in the description set forth in Schedule(A),
(a) Defects, liens,encumbrances, adverse claims or other (C)or in Part 2 of this Guarantee,or title to streets, roads,
matters against the title, whether or not shown by the avenues, lanes,ways or waterways to which such land abuts,
public records. or the right to maintain therein vaults, tunnels, ramps or any
(b) (1) Taxes or assessments of any taxing authority that structure or improvements; or any rights or easements therein,
levies taxes or assessments on real property; or, (2) unless such property, rights or easements are expressly and
Proceedings by a public agency which may result in taxes specifically set forth in said description.
or assessments, or notices of such proceedings, whether (b) Defects, liens,encumbrances, adverse claims or other matters,
or not the matters excluded under(1)or(2) are shown whether or not shown by the public records; (1) which are
by the records of the taxing authority or by the public created, suffered, assumed or agreed to by one or more of the
records. Assureds; (2)which result in no loss to the Assured; or(3)
(c) (1) Unpatented mining claims; (2) reservations or which do not result in the invalidity or potential invalidity of any
exceptions in patents or in Acts authorizing the issuance judicial or non-judicial proceeding which is within the scope
thereof; (3)water rights, claims or title to water, whether and purpose of the assurances provided.
or not the matters excluded under(1), (2)or(3) are (c) The identity of any party shown or referred to in Schedule A.
shown by the public records. (d) The validity, legal effect or priority of any matter shown or
2. Notwithstanding any specific assurances which are provided in referred to in this Guarantee.
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms. 4. Company's Option to Defend or Prosecute Actions; Duty of
The following terms when used in the Guarantee mean: Assured Claimant to Cooperate.
(a) the"Assured": the parry or parties named as the Even though the Company has no duty to defend or prosecute as
Assured in this Guarantee, or on a supplemental writing set forth in Paragraph 3 above:
executed by the Company. (a) The Company shall have the right, at its sole option and cost,
(b) "land": the land described or referred to in Schedule to institute and prosecute any action or proceeding, interpose a
(A)(C) or in Part 2, and improvements affixed thereto defense, as limited in (b), or to do any other act which in its
which by law constitute real property. The term "land" opinion may be necessary or desirable to establish the title to
does not include any property beyond the lines of the the estate or interest as stated herein, or to establish the lien
area described or referred to in Schedule(A)(C)or in rights of the Assured, or to prevent or reduce loss or damage
Part 2, nor any right, title, interest, estate or easement in to the Assured. The Company may take any appropriate action
abutting streets, roads, avenues,alleys, lanes, ways or under the terms of this Guarantee, whether or not it shall be
waterways. liable hereunder, and shall not thereby concede liability or
(c) "mortgage": mortgage, deed of trust, trust deed, or waive any provision of this Guarantee. If the Company shall
other security instrument. exercise its rights under this paragraph, it shall do so diligently.
(d) "public records": records established under state (b) If the Company elects to exercise its options as stated in
statutes at Date of Guarantee for the purpose of Paragraph 4(a)the Company shall have the right to select
imparting constructive notice of matters relating to real counsel of its choice(subject to the right of such Assured to
property to purchasers for value and without knowledge. object for reasonable cause)to represent the Assured and shall
(e) "date": the effective date. not be liable for and will not pay the fees of any other counsel,
2. Notice of Claim to be Given by Assured Claimant. nor will the Company pay any fees, costs or expenses incurred
An Assured shall notify the Company promptly in writing in by an Assured in the defense of those causes of action which
case knowledge shall come to an Assured hereunder of any allege matters not covered by this Guarantee.
claim of title or interest which is adverse to the title to the (c) Whenever the Company shall have brought an action or
estate or interest, as stated herein, and which might cause interposed a defense as permitted by the provisions of this
loss or damage for which the Company may be liable by Guarantee, the Company may pursue any litigation to final
virtue of this Guarantee. If prompt notice shall not be given determination by a court of competent jurisdiction and
to the Company, then all liability of the Company shall expressly reserves the right, in its sole discretion, to appeal
terminate with regard to the matter or matters for which from an adverse judgment or order.
prompt notice is required; provided, however,that failure to (d) In all cases where this Guarantee permits the Company to
notify the Company shall in no case prejudice the rights of prosecute or provide for the defense of any action or
any Assured unless the Company shall be prejudiced by the proceeding, an Assured shall secure to the Company the right
failure and then only to the extent of the prejudice. to so prosecute or provide for the defense of any action or
3. No Duty to Defend or Prosecute. proceeding, and all appeals therein, and permit the Company
The Company shall have no duty to defend or prosecute any to use, at its option, the name of such Assured for this
action or proceeding to which the Assured is a party, purpose. Whenever requested by the Company, an Assured, at
notwithstanding the nature of any allegation in such action or the Company's expense, shall give the Company all
proceeding.
Form 5033602 (4-10-18) Page 2 of 7 CLTA 14 Subdivision Guarantee(4-10-75)
26 Alaska
GUARANTEE CONDITIONS AND STIPULATIONS(Continued)
reasonable aid in any action or proceeding,securing indebtedness secured by said mortgage or said lien for the
evidence, obtaining witnesses, prosecuting or defending amount owing thereon, together with any costs, reasonable
the action or lawful act which in the opinion of the attorneys'fees and expenses incurred by the Assured claimant
Company may be necessary or desirable to establish the which were authorized by the Company up to the time of
title to the estate or interest as stated herein, or to purchase.
establish the lien rights of the Assured. If the Company Such purchase, payment or tender of payment of the full
is prejudiced by the failure of the Assured to furnish the amount of the Guarantee shall terminate all liability of the
required cooperation, the Company's obligations to the Company hereunder. In the event after notice of claim has
Assured under the Guarantee shall terminate. been given to the Company by the Assured the Company offers
S. Proof of Loss or Damage. to purchase said indebtedness, the owner of such indebtedness
In addition to and after the notices required under Section 2 shall transfer and assign said indebtedness,together with any
of these Conditions and Stipulations have been provided to collateral security, to the Company upon payment of the
the Company, a proof of loss or damage signed and sworn to purchase price.
by the Assured shall be furnished to the Company within Upon the exercise by the Company of the option provided for
ninety(90) days after the Assured shall ascertain the facts in Paragraph (a)the Company's obligation to the Assured
giving rise to the loss or damage. The proof of loss or under this Guarantee for the claimed loss or damage, other
damage shall describe the matters covered by this Guarantee than to make the payment required in that paragraph, shall
which constitute the basis of loss or damage and shall state, terminate, including any obligation to continue the defense or
to the extent possible,the basis of calculating the amount of prosecution of any litigation for which the Company has
the loss or damage. If the Company is prejudiced by the exercised its options under Paragraph 4, and the Guarantee
failure of the Assured to provide the required proof of loss or shall be surrendered to the Company for cancellation.
damage, the Company's obligation to such assured under the (b) To Pay or Otherwise Settle With Parties Other Than the
Guarantee shall terminate. In addition, the Assured may Assured or With the Assured Claimant.
reasonably be required to submit to examination under oath To pay or otherwise settle with other parties for or in the name
by any authorized representative of the Company and shall of an Assured claimant any claim assured against under this
produce for examination, inspection and copying, at such Guarantee, together with any costs, attorneys'fees and
reasonable times and places as may be designated by any expenses incurred by the Assured claimant which were
authorized representative of the Company, all records, books, authorized by the Company up to the time of payment and
ledgers, checks, correspondence and memoranda, whether which the Company is obligated to pay.
bearing a date before or after Date of Guarantee, which Upon the exercise by the Company of the option provided for
reasonably pertain to the loss or damage. Further, if in Paragraph (b)the Company's obligation to the Assured
requested by any authorized representative of the Company, under this Guarantee for the claimed loss or damage, other
the Assured shall grant its permission, in writing, for any than to make the payment required in that paragraph, shall
authorized representative of the Company to examine, inspect terminate, including any obligation to continue the defense or
and copy all records, books, ledgers, checks, correspondence prosection of any litigation for which the Company has
and memoranda in the custody or control of a third parry, exercised its options under Paragraph 4.
which reasonably pertain to the loss or damage. All 7. Determination and Extent of Liability.
information designated as confidential by the Assured This Guarantee is a contract of Indemnity against actual monetary
provided to the Company pursuant to this Section shall not be loss or damage sustained or incurred by the Assured claimant who
disclosed to others unless, in the reasonable judgment of the has suffered loss or damage by reason of reliance upon the
Company, it is necessary in the administration of the claim. assurances set forth in this Guarantee and only to the extent herein
Failure of the Assured to submit for examination under oath, described, and subject to the Exclusions From Coverage of This
produce other reasonably requested information or grant Guarantee.
permission to secure reasonably necessary information from The liability of the Company under this Guarantee to the Assured
third parties as required in the above paragraph, unless shall not exceed the least of:
prohibited by law or governmental regulation, shall terminate (a) the amount of liability stated in Schedule A or in Part 2;
any liability of the Company under this Guarantee to the (b) the amount of the unpaid principal indebtedness secured by
Assured for that claim. the mortgage of an Assured mortgagee, as limited or provided
6. Options to Pay or Otherwise Settle Claims: under Section 6 of these Conditions and Stipulations or as
Termination of Liability. reduced under Section 9 of these Conditions and Stipulations,
In case of a claim under this Guarantee,the Company shall at the time the loss or damage assured against by this
have the following additional options: Guarantee occurs, together with interest thereon; or
(a) To Pay or Tender Payment of the Amount of Liability or (c) the difference between the value of the estate or interest
to Purchase the Indebtedness. covered hereby as stated herein and the value of the estate or
The Company shall have the option to pay or settle or interest subject to any defect, lien or encumbrance assured
compromise for or in the name of the Assured any claim against by this Guarantee.
which could result in loss to the Assured within the 8. Limitation of Liability.
coverage of this Guarantee, or to pay the full amount of (a) If the Company establishes the title, or removes the alleged
this Guarantee or, if this Guarantee is issued for the defect, lien or encumbrance,or cures any other matter assured
benefit of a holder of a mortgage or a lienholder, the against by this Guarantee in a reasonably diligent manner by
Company shall have the option to purchase the
Form 5033602 (4-10-18) Page 3 of 7 CLTA 14 Subdivision Guarantee(4-10-75)
27 Alaska
GUARANTEE CONDITIONS AND STIPULATIONS(Continued)
any method, including litigation and the completion of 12. Arbitration.
any appeals therefrom, it shall have fully performed its Unless prohibited by applicable law, either the Company or the
obligations with respect to that matter and shall not be Assured may demand arbitration pursuant to the Title Insurance
liable for any loss or damage caused thereby. Arbitration Rules of the American Land Title Association. Arbitrable
(b) In the event of any litigation by the Company or with the matters may include, but are not limited to,any controversy or
Company's consent, the Company shall have no liability claim between the Company and the Assured arising out of or
for loss or damage until there has been a final relating to this Guarantee, any service of the Company in
determination by a court of competent jurisdiction, and connection with its issuance or the breach of a Guarantee provision
disposition of all appeals therefrom, adverse to the title, or other obligation. All arbitrable matters when the Amount of
as stated herein. Liability is$2,000,000 or less shall be arbitrated at the option of
(c) The Company shall not be liable for loss or damage to either the Company or the Assured. All arbitrable matters when the
any Assured for liability voluntarily assumed by the amount of liability is in excess of$2,000,000 shall be arbitrated only
Assured in settling any claim or suit without the prior when agreed to by both the Company and the Assured. The Rules
written consent of the Company. in effect at Date of Guarantee shall be binding upon the parties.
9. Reduction of Liability or Termination of Liability. The award may include attorneys' fees only if the laws of the state
All payments under this Guarantee, except payments made in which the land is located permits a court to award attorneys' fees
for costs, attorneys'fees and expenses pursuant to Paragraph to a prevailing parry. Judgment upon the award rendered by the
4 shall reduce the amount of liability pro tanto. Arbitrator(s) may be entered in any court having jurisdiction
10. Payment of Loss. thereof.
(a) No payment shall be made without producing this The law of the situs of the land shall apply to an arbitration under
Guarantee for endorsement of the payment unless the the Title Insurance Arbitration Rules.
Guarantee has been lost or destroyed, in which case A copy of the Rules may be obtained from the Company upon
proof of loss or destruction shall be furnished to the request.
satisfaction of the Company. 13. Liability Limited to This Guarantee;Guarantee Entire
(b) When liability and the extent of loss or damage has been Contract.
definitely fixed in accordance with these Conditions and (a) This Guarantee together with all endorsements, if any,
Stipulations,the loss or damage shall be payable within attached hereto by the Company is the entire Guarantee and
thirty (30) days thereafter. contract between the Assured and the Company. In
11. Subrogation Upon Payment or Settlement. interpreting any provision of this Guarantee, this Guarantee
Whenever the Company shall have settled and paid a claim shall be construed as a whole.
under this Guarantee, all right of subrogation shall vest in the (b) Any claim of loss or damage, whether or not based on
Company unaffected by any act of the Assured claimant. negligence, or any action asserting such claim, shall be
The Company shall be subrogated to and be entitled to all restricted to this Guarantee.
rights and remedies which the Assured would have had (c) No amendment of or endorsement to this Guarantee can be
against any person or property in respect to the claim had this made except by a writing endorsed hereon or attached hereto
Guarantee not been issued. If requested by the Company, signed by either the President, a Vice President, the Secretary,
the Assured shall transfer to the Company all rights and an Assistant Secretary, or validating officer or authorized
remedies against any person or property necessary in order to signatory of the Company.
perfect this right of subrogation. The Assured shall permit the 14. Notices,Where Sent.
Company to sue, compromise or settle in the name of the All notices required to be given the Company and any statement in
Assured and to use the name of the Assured in any writing required to be furnished the Company shall include the
transaction or litigation involving these rights or remedies. number of this Guarantee and shall be addressed to the Company
If a payment on account of a claim does not fully cover the at First American Title Insurance Company,Attn: Claims
loss of the Assured the Company shall be subrogated to all National Intake Center, 1 First American Way,Santa Ana,
rights and remedies of the Assured after the Assured shall California 92707 Claims.NIC(a)firstam.com Phone: 888-632-
have recovered its principal, interest, and costs of collection. 1642 Fax: 877-804-7606
Form 5033602 (4-10-18) Page 4 of 7 CLTA 14 Subdivision Guarantee(4-10-75)
28 Alaska
A v Subdivision Guarantee
First American ISSUED BY
First American Title Insurance Company
Schedule A GUARANTEE NUMBER
4079758
Order No.: 4079758 Liability: $300.00 Fee: $300.00
Tax: $N/C
Name of Assured: AK Lands, Land Surveying LLC
Date of Guarantee: June 19, 2023
The assurances referred to on the face page hereof are:
1. Title is vested in:
Richard J. Verhey and Janette M. Verhey, husband and wife and Vanessa Verhey, a married woman,
as to Parcel No. 1; and
Vanessa Verhey, a single woman, as to Parcel No. 2
2. That, according to the Public Records relative to the land described in Schedule C attached hereto
(including those records maintained and indexed by name), there are no other documents affecting
title to said land or any portion thereof, other than those shown under Record Matters in Schedule B.
3. The following matters are excluded from the coverage of this Guarantee:
A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the
issuance thereof.
B. Water rights, claims or title to water.
C. Tax Deeds to the State of Alaska.
D. Documents pertaining to mineral estates.
4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any
matter shown herein.
5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as
may be required when subdividing land pursuant to the provisions of A.S. Section 38.04.045 and A.S.
Chapter 40.15., and the local regulations and ordinances adopted pursuant to said statute. It is not
to be used as a basis for closing any transaction affecting title to said property.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment,
guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and
First American expressly disclaims any liability which may result from reliance made upon it.
Form 5033602 (4-10-18) Page 5 of 7 CLTA 14 Subdivision Guarantee(4-10-75)
29 Alaska
A" Subdivision Guarantee
,~ = in American
Jt ISSUED BY
First American Title Insurance Company
Schedule B GUARANTEE NUMBER
4079758
File No.: 0229-4079758
RECORD MATTERS
7. Reservations or exceptions in patents or in acts authorizing the issuance thereof.
8. Taxes and/or Assessments, if any, due The Kenai Peninsula Borough and The City of Seward.
9. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached)
10. The effect of the notes which appear on the plat of said subdivision. (Copy Attached)
11. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: Vanessa Verhey, a single woman
Grantee/Beneficiary: Richard J. Verhey and Janette M. Verhey, husband and
wife
Trustee: First American Title Insurance Company
Amount: $110,000.00
Dated: July 8, 2009
Recorded: July 9, 2009
Recording Information: Serial Number 2009-000872-0
Affects: Parcel No. 2
Form 5033602 (4-10-18) Page 6 of 7 CLTA 14 Subdivision Guarantee(4-10-75)
30 Alaska
A" Subdivision Guarantee
,~ = in American
Jt ISSUED BY
First American Title Insurance Company
Schedule C GUARANTEE NUMBER
4079758
File No.: 0229-4079758
The land in the Recording District of Seward, State of Alaska, described as follows:
PARCEL NO. 1:
Lot 25A, Block 14, ORIGINAL TOWNSITE OF SEWARD, SHEA REPLAT, according to the official plat thereof,
filed under Plat Number 2003-16, Records of the Seward Recording District, Third Judicial District, State of
Alaska.
PARCEL NO. 2:
The West one-half(W1/2) of Lots 26 and 27, Block 14, ORIGINAL TOWNSITE OF SEWARD, ALASKA,
according to the official plat thereof, filed under Plat Number S-1, Records of the Seward Recording District,
Third Judicial District, State of Alaska.
Form 5033602 (4-10-18) Page 7 of 7 CLTA 14 Subdivision Guarantee(4-10-75)
31 Alaska
A 2009-000871-0
ARecording Dist:314-Seward
s 7/9/2009 9:46 AM Pages: 1 of 1
K
A I I I III III II III I II II III IIII II II IIIII III IIIII IIIII III III IIIII
WARRANTY DEED
1435ac�1
The Grantor,RICHARD J.VERHEY and JANETTE M.VERHEY,husband and wife,
whose address is 116 Krameria Street, Denver CO 80220, for and in consideration of the
sum of Ten Dollars($10.00)and other good and valuable consideration in hand paid,receipt
of which is hereby acknowledged, does hereby convey and warrant unto the Grantee,
VANESSA VERHEY, a single woman,whose address is PO Box 1974 , Seward
AK 99664, and to the successors and assigns of the Grantee, the following described real
property:
The West One-half(W1/2) of Lots 26 and 27, Block 14,ORIGINAL TOWNSITE OF
SEWARD, ALASKA, according to the official plat thereof filed under Plat No. S-1,
Records of the Seward Recording District,Third Judicial District,State of Alaska.
SUBJECT TO ALL reservations, easements, exceptions, restrictions, covenants,conditions,
plat notes,by-laws and rights-of-way of record,if any.
TOGETHER WITH, ALL AND SINGULAR, the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the premises,all and singular, together with the appurtenances
and privileges thereto incident unto said Grantee,and to the heirs,executors,administrators,
and assigns of the Grantee,FOREVER.
DATED this 19�day of July,2009.
GRANTOR:
b �
RICH J.VEKHEY OANETTE M. RHEY y her
Attorney In � d J.Verhey
STATE OF ALASKA
ss:
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this eday of July,2009,
by RIC J. ERHEY,individually and as Attorney in Fact for Janette M.Verhey.
Not&rMyCommis d laska
sio e res:
Q' 01ARY''•s
Z.. PUav ' Q
Please record in Seward _ - �:M
Recording District&return to
�' . �FaF►'� �
Vanessa Verhey �����"'• ,,11 '������
PO Box 1974
Seward AK 99664
Coryell Dawson,LLC Attorneys at Law,805 W Fireweed Lane,Anch AK 99503 Tel 907-277-3995 Fax 907-276-0383
32
A 2014-000129-0
L A Recording Dist: 314-Seward
s 21312014 01:55 PM Pages: 1 of 2
K
A I I I II IIII II III I II II II IIII I I II IIII III I III II III II III III
File for Record at Request of:
AFTER RECORDING MAIL TO:
Name: R.VERHEY
Address: 116 Klameria St
Denver CO 80220
File No.: 204351()
QUITCLAIM DEED
THE GRANTOR,RICHARD 3.VERHEY and JANETTE M.VERHEY,husband and wife,whose
address is 116 Klameria St,Denver CO 80220, for and in consideration of$10.00 and
other valuable consideration,conveys and quit claims to RICHARD 3. VERHEY and
JANETTE M. VERHEY, husband and wife and VANESSA VERHEY, a married woman,
whose address is(Richard &Janette 116 Klameria St Denver CO 80220/Vanessa Box
1974 Seward, AK 99664), , the following described real estate, situated in the Recording
District of Seward,Third Judicial District,State of Alaska:
Lot 25A,Block 14,ORIGINAL TOWNSITE OF SEWARD,SHEA REPLAT,according to the
official plat thereof,filed under Plat Number 2003-16,Records of the Seward
Recording District,Third Judicial District,State of Alaska.
together with all after acquired title of the Grantor(s)therein.
Dated: Tnnyar 4, -15\ 20 1-1�-.
RICHARD 3(/VERM6f ETTE M.4111HEY
Page 1 of 2
eRecorded Document
33
STATE OF Colorado )
)ss.
County RIP'; )
THIS IS TO CERTIFY that on this _day of TbAu 2014,before me the
undersigned Notary Public, personally appeared RICHARD J. VERHEY and JANE7TE M.
VERHEY,known to me and to me known to be the individual(s)described in and who executed
the foregoing instrument and he/she/they acknowledged to me that he/she/they signed the
same freely and voluntarily for the uses and purposes therein mentioned.
WITNESS my hand and official seal.
Notary Public in and f !Colorado
My commission expires 7% 4 aO1—t
THOMAS J KNIGHT III
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124080fi85
MY COMMISSION EXPIRES JANUARY 4,2017
Page 2 of 2
2 of� IIIIIIIIIIIZIIIIIIIIIII
eRecorded Document 2014-000129-0
34
A 2.009-000872-0
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A Recording Dist:314-Seward
s 7/9/2009 9:46 AM Pages: 1 of 3
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A II I I IIIIIII II III I IIIII II IIIIIIIE II IIIIIIII HI IIIIIII IIIIIIIIIIII III III
1 '35a(p� DEED OF TRUST
THIS DEED OF TRUST made this tkday of July,2009,
BETWEEN VANESSA VERHEY,a single woman,whose address is PO Box 1974 Seward
AK 99664, herein called TRUSTOR,
FIRST AMERICAN TITLE INSURANCE COMPANY, whose address is 3035 C Street,
Anchorage AK 99503,herein called TRUSTEE,and
RICHARD J. VERHEY and JANETTE M. VERHEY, husband and wife, jointly or to the
survivor,whose address is 116 Krameria Street,Denver CO 80220,herein called BENEFICIARY,
WITNESSETH: That Trustor GRANTS,BARGAINS,SELLS,and CONVEYS to TRUSTEE
IN TRUST WITH POWER OF SALE,that property described as:
The West One-half (Wl/2) of Lots 26 and 27, Block 14, ORIGINAL TOWNSITE OF
SEWARD,ALASKA,according to the official plat thereof filed under Plat No.S-1,Records of
the Seward Recording District,Third Judicial District,State of Alaska.
TOGETHER with the tenements, hereditaments, and appurtenances thereunto belonging, or in
anywise appertaining, the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right,
power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such
rents,issues and profits. To have and to hold the same,with the appurtenances,unto Trustee.
FOR THE PURPOSE OF SECURING: 1. The performance of each agreement of Trustor herein
contained. 2. Payment of indebtedness evidenced by one Deed of Trust Note of even date herewith,
in the principal sum of$110,000.00 payable to Beneficiary or order.
A. To protect the security of this Deed of Trust,Trustor agrees:
1.To keep said property in good condition and repair;not to remove or demolish any building
thereon; to complete or restore promptly and in good and workmanlike manner any building which
may be constructed, damaged or destroyed thereon and to pay when due all claims for labor
performed and materials furnished therefor; to comply with all laws affecting said property or
requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof,
not to commit, suffer or permit any act upon said property in violation of law; to maintain in an
orderly manner,paint,repair,keep free from freezing,and do all other acts which from the character
or use of said property may be reasonably necessary,the specific enumerations herein not excluding
the general.
2.To provide,maintain and deliver to Beneficiary fire insurance satisfactory to and with loss
payable to the Beneficiary in an amount not less than full insurable value. The amount collected
under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured
hereby and in such order as Beneficiary may determine or, at the option of Beneficiary,the entire
amount so collected or any part thereof may be released to Trustor. Such application or release shall
not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to
such notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof
or the rights or powers of Beneficiary,or Trustee;and to pay all costs and expenses,including cost of
evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in which
Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed.
4. To pay: at least ten days before delinquency all taxes and assessments affecting said
property;when due,all encumbrances,charges and liens,with interest,on said property or any part
thereof,which appear to be prior or superior hereto;all costs,fees and expenses of this Trust.
5. To pay immediately and without demand all sums expended by Beneficiary or Trustee
pursuant to the provisions hereof,with interest from date of expenditure at four per cent per annum.
6. Should Trustor fail to make any payment or to do any act as herein provided, then
Beneficiary or Trustee,but without obligation so to do and without notice to or demand upon Trustor
Deed of Trust,Page 1
35
and without releasing Trustor from any obligation hereof,may:make or do the same in such manner
and to such extent as either may deem necessary to protect the security hereof,Beneficiary or Trustee
being authorized to enter upon said property for such purposes;appear in and defend any action or
proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;
pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of
either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary
expenses,employ counsel and pay his reasonable fees.
B. It is mutually agreed that:
1. Trustor shall not cause or permit the presence,use, disposal, storage, or release of any
Hazardous Substances on or in the property. Trustor shall not do, nor allow anyone else to do,
anything affecting the property that is in violation of any Environmental Law. The preceding two
sentences shall not apply to the presence, use, or storage on the property of household consumer
products for consumer uses.
Trustor shall promptly give Beneficiary notice of any investigation,claim,demand,lawsuit or
other action by any governmental or regulatory agency or private party involving the property and
Hazardous Substance or Environmental Law of which Truster has actual knowledge. If Trustor
learns, or is notified by any governmental or regulatory authority, that any removal or other
remediation of any Hazardous Substance affecting the property is necessary,Truster shall promptly
take all necessary remedial actions in accordance with Environmental law.
"Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or
formaldehyde, and radioactive materials. As used in this paragraph, "Environmental Law"means
federal laws and laws of the State of Alaska that relate to health,safety or environmental protection.
2. Any award or damages in connection with any condemnation for public use of or injury to
said property or any part thereof,is hereby assigned and shall be paid to Beneficiary who may apply
or release such moneys received by Beneficiary in the same manner and with the same effect as above
provided for disposition of proceeds of fire or other insurance.
3. By accepting payment of any sum secured hereby after its due date,Beneficiary does not
waive Beneficiary's right either to require prompt payment when due of all other sums so secured or
to declare default for failure so to pay.
4. At any time or from time to time, without liability therefor and without notice, upon
written request of Beneficiary and presentation of this Deed and said note for endorsement, and
without affecting the personal liability of any person for payment of the indebtedness secured hereby,
Trustee may: reconvey all or any part of said property; consent to the making of any map or plat
thereof;join in granting any easement thereon;or join in any extension agreement or any agreement
subordinating the lien or charge hereof.
5. Upon written request of Beneficiary stating that all sums secured hereby have been paid,
and upon surrender of this Deed of Trust and said note to Trustee for cancellation and retention and
upon payment of its fees,Trustee shall reconvey,without warranty,the property then held hereunder.
The recitals in any reconveyance executed under this Deed of Trust of any matters or facts shall be
conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as
"the person or persons legally entitled thereto".
6. As additional security, Trustor hereby gives to and confers upon Beneficiary the right,
power and authority,during the continuance of these Trusts,to collect the rents,issues and profits of
said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any
indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such
rents,issues and profits as they become due and payable. Upon any such default,Beneficiary may at
any time without notice,either in person,by agent,or by a receiver to be appointed by a court,and
without regard to the adequacy of any security for the indebtedness hereby secured,enter upon and
take possession of said property or any part thereof,in his own name sue for or otherwise collect such
rents, issues and profits, including those past due and unpaid, and apply the same, less costs and
expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness
secured hereby, and in such order as Beneficiary may determine. The entering upon and taking
possession of said property,the collection of such rents,issues and profits and the application thereof
as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act
done pursuant to such notice.
7. Upon default by Truster in payment of any indebtedness secured hereby or in performance
of any agreement hereunder,all sums secured hereby shall immediately become due and payable at
the option of the Beneficiary. In the event of default Beneficiary shall execute or cause the Trustee to
execute a written notice of such default and of his election to cause to be sold the herein described
property to satisfy the obligation hereof,and shall cause such notice to be recorded in the office of the
recorder of each recording precinct wherein said real property or some part thereof is situated.
Deed of Trust,Page 2 I I II 11111 111111111111111
2 of 3
2009.000872-0 C
36
Notice of sale having been given as then required by law and not less than the time then
required by law having elapsed after recordation of such notice of default,Trustee,without demand
on Trustor,shall sell said property at the time and place of sale fixed by it in said notice of sale,either
as a whole or in separate parcels and in such order as it may determine, at public auction to the
highest and best bidder for cash in lawful money of the United States,payable at the time of sale.
Trustee may postpone sale of all or any portion of said property by public announcement at such time
and place of sale,and from time to time thereafter may postpone such sale by public announcement at
the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its deed
conveying the property so sold, but without any covenant or warranty, express or implied. The
recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
person,including Trustor,Trustee,or Beneficiary,as hereunder defined,may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust including cost of
evidence of title and reasonable counsel fees in connection with sale,Trustee shall apply the proceeds
of sale to payment of:all sums expended under the terms hereof,not then repaid with accrued interest
at four per cent annum;all other sums then secured hereby;and the remainder,if any,to the person or
persons legally entitled thereto.
8. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall
mean the holder and owner,including pledgee,of the note secured hereby,whether or not named as a
beneficiary herein,or,if the note has been pledged,the pledgee thereof. In this Deed,whenever the
context so requires, the masculine gender includes the feminine and/or neuter, and the singular
number includes the plural.
9. Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a
public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale
under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or
Trustee shall be a party unless brought by Trustee.
10. Beneficiary may, from time to time,as provided by statute, appoint another Trustee in
place and stead of Trustee herein named,and thereupon,the Trustee herein named shall be discharged
and Trustee so appointed shall be substituted as Trustee hereunder with the same effect as if originally
named Trustee herein.
11. Nothing contained herein shall be construed to limit the right of Beneficiary to foreclose
this Deed of Trust by judicial action. Beneficiary shall further be entitled to bring an action upon the
Note secured by this Deed of Trust without attempting to foreclose this Deed of Trust either by
judicial action or by exercise of the power of sale. Trustor shall be liable for and agrees to pay any
deficit.
12. If two or more persons be designated as Trustee herein,any,or all,powers granted herein
to Trustee may be exercised by any of such persons,if the other person or persons is unable,for any
reason,to act, and any recital of such inability in any instrument executed by any of such persons
shall be conclusive against Trustor,his heirs and assigns.
13. The Deed of Trust Note secured by this Deed of Trust,unless sooner paid,is all due and
payable on or before the 9TH day of July,2014. It is agreed and acknowledged that the"date of
maturity" of this instrument, as that term is used in AS 34.20.150, is 6 years after the due date
specified above. If no date is entered above,then the maturity date is that date occurring 40 years
from and after the date of execution of this Deed of Trust,unless terminated sooner in accordance
with the provisions of the Deed of Trust Note.
TRUSTOR:
Return to RICHRD AND JANETTE
VANESSA VERHEY VERHEY
116 KRAMERIA STREET
STATE OF ALASKA ) DENVER, CO 80220
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowled ed before me this J ' day of July, 2009, by
VANE S V.E Y.
ll((�r
Notary P is an r Alaska`-`?.•'t%o rq y
My commissi� pires: R pJ6':'!4
Ai
Deed of Trust,Page 3 Ill I�IIIIINIIIII IBIIIIIIII IIIIII
3 of 3
2009-000872-0
37
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MAYCHI
CERTIFICATE OF TAX DEPARTMENT
1 , Rhonda K. Krohn, Property Tax and Collections Superviso.r.. for the Kenai
Peninsula Borough, do hereby certify that, as of the date of this
certificate, alT real property faxes levied by the Kenai Peninsula Borough
have been paid for the area (s) described as :
Subdivision : SEWARD ORIGINAL `T'OWNSITE SHEA REPLAT
Parcel 4 14906036-0
TO1S RO1W S10 SW0000001 ORIGINAL TOWNSITE OF SEWARD Lot 2.5 Block
1 1.4
1 Parcel # 1.4906040-2
`['OIS RO1W S1.0 SW0000000 ORIGINAL. `I'OWNSITF OF SEWARD Lot 26 Block
1.4 Lot 27 Block 14 E1./2 THEREOF
The f.:ollowinq assessments (exce t assessments for the cities of Homer,
Kenai. , Seward, Seldovia, and Soydotna) levied against this property are
outstanding : none .
Witness my hand and seal this 22nd day of December, 2003 .
TZhonca K Krohn -----
Property `I'a.x and Collections Supervisor
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CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
&fj • &3W , upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on she mailed a Notice of
Public Hearing to the real property owners within a 300-foot periphery of
Original Townsite of Seward, Shea Replat, Lot 25A, Block 14;
physical address 308 Second Ave, as prescribed by Seward City Code
15.01.040/16.01.015.
Affirmed and signed this J-1' day of v�_ 2023.
41
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I, i' a vv2S t e_;Ak , 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 Original Townsite of
Seward, Shea Replat, Lot 25A, Block 14; physical address 308
Second Ave, the owners of which have petitioned for a Public Hearing to
Re plat Lot 25A• Creating Seward Ori inal Townsite Verhey Re plat, Lot 25A-1
and Lot 26A, Block 14.
The notice was posted on r �- Jzk , which is 12>
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 —day of "� , 2023.
S"t e
42