HomeMy WebLinkAboutCity of Atka Chuniixsax Creek Property Report - Sep 2012 - REF Grant 7030001PROPERTY REPORT
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ATKA HYDRO DISPATCHED
EXCESS ELECTRICAL POWER
AEA Grant # 7030001
SEPTEMBER 27, 2012
by
POLARCONSULT ALASKA, INC.
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CITY OF ATKA, ALASKA
POLARCONSULT ALASKA, INC. PROPERTY REPORT
ATKA I4YDRo DISPATCHED EXCESS ELECTRIC POWER
CITY or ATKA
1.0 PURPOSE AND NEED FOR PROJECT
1.1 PROJECT DESCRIPTION
The City of Atka is a Second Class City located on Atka Island, approximately 1,200 air
miles southwest of Anchorage and 350 miles west of Unalaska. Atka's current
population is 611, with a seasonal seafood processing plant and additional variable
seasonal workforce. The city`s electric utility serves 100% of the city.
A new hydroelectric power plant is currently under construction on Chuniisax Creek to
provide lower -cast electric power to the city. The existing diesel power plant will remain
in place as a backup to the new hydroelectric plant and to provide system capacity.
This project will use available excess hydro turbine capacity to provide electric heat to
community buildings when there is excess water available in the reservoir. This will
require installation of additional controls in the hydro power plant, and new duel electric
meters and electric heating units for participating community buildings. Buildings to be
served include the City Hall/Clinic, Tribal Recreation Hall, Tribal Office, City Shop and
Post Office.
No new electric power lines are proposed for the project, All work associated with this
project will be within the hydro power plant and participating community buildings.
2.0 PROPOSED BUILDINGS
Copies of plats and recorded documents are included in the Appendix.
2.1 CHUNIISAX CREEK HYDROELECTRIC POWERHOUSE
The powerhouse for the Chuniisax Creek Hydroelectric plant is within a leased parcel
within Section 22, Township 92 South, Range 176 West, Seward Meridian.
The powerhouse site was Ieased to the City of Atka by the Atxam Corporation, the
Village Corporation for Atka, Alaska recorded as document 2005-000331-0, in the
Aleutian Islands Recording District, Third Judicial District, State of Alaska on June 6,
2005.
2.2 CITY OFFICE / CLINIC
The City Office / Clinic is sited on Lot 19 within Alaska Native Claims Settlement Act
(ANCSA) Section 14(c) recorded as Plat ##2005-8 in the Aleutian Islands Recording
District, Third Judicial District, State of AIaska,
Lot 19 was quitclaimed to the City of Atka by the State of Alaska, Department of
Community and Regional Affairs, as trustee for any future municipal corporation
established in the Native village of Atka, Alaska recorded as Book 28, Page 681 in the
Aleutian Islands Recording District, Third Judicial District, State of Alaska.
[ Alaska Department of Community, Commerce, and Economic Development, 2011 population.
09/27/2012 — DRAFT PAGE 1
Appendix A
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LEASE
Exhibit IIi.A
2005-000331-0
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This lease is entered into this day of 04V '2005, between-Atxam
Corporation, an Alaskan Corporation, hereinafter callecite Lessor, whose address is P:O. Box
47001, Aura, Alaska 99547 and the City of Atka, hereinafter called the Lessee, whose address is
P.O. Box 47070, Atka, Alaska 99547
The parties agree as follows:
I . The Premises. The Lessor agrees to lease to the Lessee the exclusive -right to. construct,
operate, and maintain hydroelettric facilities, including Dam (Intake) and Power House
Site, on the surface estate of the following real property which is located in the Aleutian
Islands Recording District, State of Alaska..
Two parcels of land for Dam (Intake) Site and Power House Site, located within Section
22, Township 92 Soutb, Range 176 West, Seward Meridian, as shown on the attached
Exhibit A. The general location, as shown on Exhibit A, is subject to redescription upon
survey, as necessary, to reflect as built alignments of improvements_
2. Term of I&Me. The lease term shall be 40 years from the date that this lease is signed by
both parties. Wen the lease expires, the Lessee shall have 60 days within which to
exercise an option to renew this lease of an additional.40-year terra.
Rent- Co twi n for this lease consists of the mutual promises contained herein and the
mutual bene:&S film fire operation for the public benefit of hydroelectric facilities on the
premises_ No rental will be charged for this lease because of mutual benefits of the project.
4. R=rvatio4 of Righ1a, The Lessor reserves the right to grant to others the rights and
privileges to use the premises not specifically and exclusively granted to the Lessee. The
rights and privileges granted to the Lessee in this lease are the only rights and privileges
granted to the Lessee by this lease. The Lessee has no easements, rights or privileges,
- - expressed or implied, other than those specifically granted by this lease. }
5_ Valid Existin its. This lease is entered into and made subject to all valid existing
rights, including casements, rights -of -way, reservations, or other interests in the prerruses,
in existence on the date the lease is entered into.
6. Encumbrance!2f Premises. During the term of this lease, the Lessee may not assign this
lease or sublet the premises, nor enter into any lease, easement, or other obligation of the
tt
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Exhibit III.A
12. `No waiver. •Tte failure of the Lessor to insist on any one or more instance upon the strict
performance by the other party of any provision in this lease may not be considered as a
waiver for the future; the provision will continue in full force.
13. lndemxi of Lessor. The Lessee shall indemnify and hold the Lessor harmless from:
(a) all claims and demands for loss or damage, including property damage, personal
injury, ATungful death, and wage or employment,claims; arising out of or in
connection with the use or occupancy of the premises by the Lessee or his
successor, or at his invitation; and
(b) any accident or fire on the premises resulting from use or occupancy of the
premises by Lessee, its successors, or its invitees; and
(c) any nuisance on the premises arising from use or occupancy of the premises by
Lessee, its successors, or its invitees; and
(d) any failure of the Lessee to keep the premises is a safe and lawful condition
consistent with applicable laws, regulations, ordinances, or orders; and
(e) any assignment, sublease, or conveyance, attempted or successful, by the Lessee
which is contrary to the provisions of this Iease.
The Lessee will keep all goods, materials, furniture, fixtures, equipment, -machinery, and
other property on the premises at his sole risk, and will hold the Lessor harmless from any
claim of loss or damage to them by any cause.
14. Notice of Claim. The parties agree to immediately notify each other of any claim, demand,
or lawsuit arising out of or affecting the Lessee's occupation or use of the premises. Both
parties will fully cooperate in the investigation and litigation of any claim, demand, or
lawsuit affecting the prcmi ses.
15. Laws and Taxes. At no expense to the Lessor, the Lessee will conduct all activities
authorized by this lease in compliancc with all Federal, State, and local laws, ordinances,
rules and regulations now or hereafter in force, which apply to the activities authorized
herein or to the use, care, operation, maintenance, and protection of the facilities, including
_.... but not limited to matters of health, safety, sanitation,. and, pollution, The acquisition of any: -
necessary licenses or permits and payment of any taxes and special assessments accruing
against the premises during this lease term will be the responsibility of the Lessee or its
sublessees and not that of the Lessor.
16. Notices, All notices and other writings required or permitted by this lease roust be sent -by
registered or certified mail, postage prepaid, to the parties at the following addresses. A
party must notify the other in writing of any chango in address.
IIIIIIIIIIIIE
, 3 of I
Exhibit III.A
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Ac owLEI�GM�IVT
STATE of ALASKA )
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JUDICIAL DISTRICT )
This is to certify that on vkn t 1r 2005, before me appeared
known by me to be the �Y c c- -&—tn of Atxam
Corporation, who a ecuted this lease and acknowledged voluntarily signing it on behalf of
Atxam Corporation as Lessor.
(SEAL)
Notary Public in and for the S e of Alaska
My ccnussion expires:
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HOUSE SITE
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ATKA, ALASKA
EXHIBIT A
DAM AND POWER HOUSE SITES
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Date: 3/05
FVydrK EXHIBIT A
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rUeuti n Islands Recording Dietrct
Quitclaim Deed
Municipal Trust Land
Atka, Alaska
This deed is made by and between the State of Alaska, Department of Community
and Regional Affairs, as trustee for any future municipal corporation
established in the Native village of Atka, Alaska, hereinafter the Grantor,
and the City of Atka, hereinafter Grantee, whose address is Atka Rural Branch,
Atka, Alaska 99502.
The Grantor, who accepted title to the surface estate of these lands from the
` Atxam Corporation, the Native village corporation for Atka, Alaska, in partial
satisfaction of the reconveyance requirements of Section I4(c)(3) of the
Alaska Native Claims Settlement Act, for and in consideration of the
incorporation of Atka as a second class city and pursuant to the requirements
of AS 44.47.150(c), does hereby convey and quitclaim to the Grantee, all the
right, title and interest, if any, in and to the surface estate of the
following described parcels of real property located in protracted Township 92
south, Range 176 west, Seward Meridian in the the Native village of Atka,
Aleutian Islands Recording District, Third Judicial District, Alaska, more
particularly described in Appendix A, attached hereto.
This quitclaim deed is subject to the issuance of a conforming deed after
approval and filing of the official plat of survey confirming the boundary
description and acreage of the above described lands and the issuance of a
patent for the land.
This quitclaim deed is further subject to reservations, leases, easements and
other restrictions o£ record .including but not limited to the following
encumbrances of land made by the Grantor in accordance with 19 AAC 90.400:
1, A clinic lease located in protracted Section 22 of Township 92 South,
Range 176 west, Seward Meridian, issued to the Atka Village Council on ,
January 23, 1984,
2, An airport access road right of way located in protracted Section 16 of
Township 92 South, Range 176 west, Seward Meridian issued to the state of
Alaska, Department of Transportation and Public Facilities on October
29th, 1982.
3. An airport lease and lease amendment located in protracted Sections 9, 10,
15 and 16 of Township 92 South, Range 176 west, Seward Meridian, issued to
the state of Alaska, Department of Transportation and Public Facilities on
November 15, 1982 and September 29, 1983. i
4. A boat repair shop lease located in protracted Section 22 of Township 92 ' \
South, Range 176 West, Seward Meridian, issued to the Atka Village Council
on January 23, 1984, �.
5. A firehall and conmunity building lease located in protracted Sections 15
and 16 of Township 92 South, Range 176 West, Seward Meridian, issued to
the Atka 'Village Council on November 13, 1984.
6. A non -directional beacon lease located in protracted Section 9 of Township
92 South, Range 176 west, Seward Meridian, issued to the State of Alaska,
Department of Transportation and Public facilities on March 4, 1986.
APPENDIX A r1_feu(ian islands Recording biatriet
Atka Municipal Trust Land
Legal Descriptions and Property plans ;t
The surface estate of the following described parcels of real property located
in protracted Township 92 South, Range 176 west, Seward Meridian, in the
Native village of Atka, Aleutian Islands Recording District, Third Judicial
District, Alaska.
Atka Subdivision Road and Pedestrian Walkwa
Beginning at USS hb. 2015, Lot 1, Corner No. 1,-
Thence N. 27018'321W., 4,316.74 feet to the TROE POINT OF BEGINNING, which
is Corner 1 hereof;
thence S. 71°w., 269.07 feet, to Corner 2 hereof;
thence N. 26°w., 243.00 feet, to Corner 3 hereof;
thence N. 710E., 112.50 feet, to Corner 4 hereof;
thence N. 240w., 115.00 feet, to Corner 5 hereof;
thence N. 60301W., 126.00 feet, to Corner 6 hereof;
thence N. 550E., 118.00 feet, to Corner 7 hereof;
thence N. 76°8., 67.00 feet, to Corner 8 hereof;
thence S. 76"24133-E., 88.84 feet, to Corner 9 hereof;
thence S. 561411E., 163.97 feet, to Corner 10 hereof;
thence S. 441E., 162.97 feet, to Corner 11 hereof;
thence S. 541151W., 88.00 feet, to Corner 12 hereof;
thence S. 490E., 363.78 feet, to Corner 13 hereof;
thence along a curve to the left a = 48°30'r R = 131.63, 111.43 feet Eo
Corner 14 hereof,
thence S. 7°30'E., 4O.00 feet, to Corner 15 hereof;
thence along a curve to the right a 48030', R = 171.63, 145.29 feet to
Corner 16 hereof;
thence N. 49W., 423.78 feet, to Corner 17 hereof;
thence S. 44"151W., 100 feet, to Corner 18 hereof. -
thence S. 460E., 108 feet, to Corner 19 hereof;
thence S. 440W., 96.43 feet to Corner 1, the TRUE POINT OF BEGINING.
Excluding Lots 1 through 16 0£ Stock lr Lots 1 through 3 of block 2 and
Lot 1 of Block 3 as shown on the Atka Subdivision plat filed as Plat No.
82-6 on March 1, 1982, in the Aleutian Islands Recording District.
Sheet 1 of 12
BOOK—2—A _PAGE
Alcutian islands Recording District
Boat Repair Shop
commencing at cornier No. 4, U.S. Survey No. 2015, located at Atka, Alaska,
thence approximately N. 371 00' E. a distance of approximately 250.0 fee`.
to a point, this point being the TRUE POINT OF BEGINNING, which is Corner
No. 1 hereof;
thence, N. 63* 30' W. a distance of approximately 75.0 feet to a point
which is Corner No. 2, hereof;
thence, N. 26° 30' E. a distance of approximately 50.0 feet to a point
which is Corner No. 3, hereof;
thence S. 630 30' E. a distance of approximately 75.0 feet to a point
which is corner No. 4, hereof;
thence, S. 260 30' w. a distance of 50.0 feet to the TRUE POINT OF
BEGINNING.
Describing an area of 0.086 acres, more or less.
All bearings and distances are scaled from aerial photos and are approximate
only, are subject to redescription upon actual survey upon the ground, and
also are subject to minor adjustments as may be required to conform with the
boundaries of any adjoining parcels which may be conveyed by Atxam Corporation
(the Native village corporation for Atka) under the provisions of Sections
14(c)(1) and (2) of the Alaska Native claims Settlement Act.
Sheet 3 of 12
BOOK �pAGE�C1�
Airport Tract IT Aleutian Islands Recording District ;I
Airport Access Right of Way
Beginning at Corner No. 1, Lot 1, U.S. Survey No. 2015, monumented with
BLM brass capped iron post, proceed approximately N. 20154' W., 5,463',
more or less to a point of intersection with Tract I of the Atka Airport,
said point being common to a point of intersection with the runway
centerline extended a distance of 1,000 feet on a bearing of S. 19128' E.
from Station 27+00 on the North/South runway centerline, thence S. 70*32'
W., 440' to the TRUE POINT OF BEGINNING;
thence S. 19128' E., 261.46' to corner 1 hereof,
' thence S. 70132' W., 60' to corner 2 hereof,
thence N. 19128' W., 261.46' to corner 3 hereof,
thence N. 70132' E., 60' to the TRUE POINT OF BEGINNING.
Containing .36 acres more or less.
Note: All bearings are based on aerial photos and U.S.G.S. maps and may
change subject to survey data.
Sheet 5 of 12
Firestation and Community Building Site 3�e1tian Isl nds lirrordinK ijp
l Commencing at a brass cap monument which is O.S.I..M. no. 2015; thence 11
29042' 00"W 3981.13 ` to the southern most corner of Lot 1 Block 2 a 5/6"
steel pin with a 3-1/4" aluminum cap as shown on the Atka Subdivision Plat
recorded as Plat no. 82-6 on March 1, 1982 in the Aleutian Islands
Recording District; thence N71000100"E 256.761 to the easternmost corner
of Lot 3 Block 2 sane plat; thence 5780E approximately 540 feet to the
centerline of an existing road identified'as EIN 2 09, a 50' road right of
way, in Interim Conveyance no. 159 the TRUE POINT of BEGINNING and Corner
no. 1 hereof;
R. thence S750301W 350' to corner no. 2;
thence S20°E 350' to corner no. 3;
thence N750301E 350' to the centerline of said road and corner no. 9;
thence northerly approximately 350' along the centerline of said road to
the TRUE POINT OF BEGINNING.
Containing 2.8 acres more or less.
The approximate bearings and distances are scaled from protractions and are
subject to redescription upon actual survey. Adjustments or exclusions may he
required to conform with the boundaries of any parcels adjacent to or within
the land that may be conveyed by the Atxam Corporation under the provisions of
Section 14(c)(1), and (2), of ANCSA.
Sheet 7 of 12
Aleutian
Islands kecoruin� District
9
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2005-0500687-0
Recording Dist: 30- iinan os nsvp sau n�:i Islands
IIIIII�IIIIVI�IIIIIIAIII�I�IIIINIIN1911IIIIVICIIII�q
ATXAM CORPORATION
ANCSA Section 14(c)(3)
STATUTORY QUITCLAIM DEED
Atxam Corporation ("Grantor"), whose address is P.O. Box 47001, Atka, Alaska 99547,
hereby conveys and quitclaims to the City of Atka, ("Grantee"), whose address is P. O.
Box 47070, Atka, Alaska 99547, as settlement of Grantee's claim under Section
14(c)(3) of the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. Section
1613(c)(1), as amended, without consideration, all of its rights, title and interest which
Grantor has, if any, in and to the surface estate of the fallowing described real property:
The following lots, as shown on Alaska Native Claims Settlement Act (ANCSA)
Section 14(c), Lots 1 through 86 and Tracts A, B, and C, and the Dependent
Resurvey of the exterior boundaries of U.S. Survey No. 2015 P.L. 92-203 (85
Stat_ 688, 702, 703) recorded as Plat #2005-8 in the Aleutian Islands Recording
District, Third Judicial District, State of Alaska, containing an aggregate of 12.47
acres, more or less.
Lot 1, 0.19 acres more or less.
Lot 2, 0.12 acres more or less,
Lot 7, 0.16 acres more or less.
Lot 18, 0.25 acres more or less.
Lot 39, 0.05 acres more or less.
Lot 40, 0.06 acres more or less.
Lot 42, 0.12 acres more or less.
Lot 47, 2.58 acres more or less.
Lot 51, 0.36 acres more or less.
Lot 53, 2.80 acres more or less.
Lot 54, 0.15 acres more or less.
Lot 56, 2.58 acres more or less.
Lot 61 A, 0.29 acres more or less.
Lot 61 B, 0.14 acres more or less.
Lot 62A, 0.04 acres more or less.
Lot 62B, 0.01 acres more or less.
Lot 63, 0.15 acres more or less.
Lot 64, 3.02 acres more or less.
Lot 65, 0.18 acres more or less.
Lot 86, 0.02 acres more or less.
f�-Iee-- S-FA - i
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l"U0053PG667
QUITCLAIM DEED
(A.S. 34.15.040)
The Grantor, Aleutian Region School District, whose address is P. 0. Box 1939,
Adak, Alaska 99546, conveys and quitclaims to The Atka Village Council, Grantee, whose
address is /,fax y7013 TFfIc ,h�/< I vii-q 7 , all of Grantor's right, title
and interest of ownership, if any, in the following -described real estate situated in the
Aleutian, Islands Recording District, Third Judicial District, State of Alaska
U.S. Survey No. 2015, containing 0.94 acres, more or less,
according to the original plat thereof located in the Aleutian
Islands Recording District, Third Judicial District, State of
Alaska.
DATED this f A day of lqzl 41S t F 2001.
GRANTOR: ALEiJTIAN REGION SCHOOL DISTRICT
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STATE OF ALASKA
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THIRD JUDICIAL DISTRICT
The foregoing document was acknowledged before rpe this y of
2001, by �`r : - _ I. q-e-- , its
on behalf of Aleutian Region School District.
tary ublic in and for Afas
My Commission Expires (�
QUTTCi_AIM DEED
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4UlTCLAIA DEED �PAG& .�,I
� a .
THIS INDENTURE, made and entered into this 5th day Of Decewber,1985. by i
4 between the STATE OF ALASKA. Party of the first part, and ALEUTIA[i REGION' � F
;ii00L DISTRICT, party of the second part* wailing address of 640 Best 36th
revue, Anchoarage. Alaska 99S03. �
i
f the sum
iiITME55ETN► that the party of the first part. in consideration o}
f TEN AMID 00/100 DOLLARS, lawful money of the United States and other good �
Ad valuable considerations, the receipt whereof is hereby acknowledged. does
Hereby revise. release and quitclaim unto the party of the second part, its 3
erest
n and to that
iAleutian successors and assigns forever,
right,
lyir�g andtitle
being in Che Alan Islands
tot, piece orparcel of land situate.
kecardiog District- described as follows:
Lot 1 of U.S. Survey No• 2015, Alaska. containing 0,90 acrest
he Pl&t ed
more or 1par�t of tAtaccorng ainieriar,rebureau ofaccepted t nd ftnagt
ewentin
Statliashiogton, O.C. 001 Key 23. 1963.
subject to:
platted easements and reservations.
The Grantee shall use the above_descr+bed PrWertY for school
or atW public purposes only.
The Grantee shall make the above -described PrpQerty available
to Indians and non -Indians on the same tem . unless
otherwise approved by the Secretary of the Interior.
There are reserved to the United States
with Mine"the 1 r e9hotsi to
in the above -described lsuch and t�tsier wiser the rules and
for and re>the Secretary of the Interior -
if
prescribedd b by
If at any tim the Secretary of the Interior determines that tl3e
grantee has failed to observe any provision or condition of this
has continued for at least one year, he
geed and that the failure
declare a forfeiture of this conveyance and title heSuch
May
shall thereuVOft revert to the United States•
determination by the Secretary of the Interior shall be final -
TOGETHER, with all the appurtenances and all the estate and rights of the
party of the first part to said premises.
TO HAVE AND TO WXO the premises herein granted unto the party ,of the
second part, its successors AM assigns forever,
QCD No. 820
Aft No. 220791
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Appendix S
RIGHT -OF -ENTRY
WITNESSETH:
WHEREAS, the City of Atka, Electric Utility proposes to construct dispatched excess
electrical power to private residences in Atka.
WHEREAS, the various owners and/or occupants are in agreement with the City's desire
to construct said dispatched excess electrical power system.
WHEREAS, it will be the owners and/or occupants responsibility to maintain the
dispatched excess electrical power system once constructed, such that a permanent
easement is not required.
NOW THEREFORE, the parties mutually agree as follows:
1. In consideration of the mutual benefits to be derived from the construction of the
dispatched excess electrical power system, Atka Village Council, as the Grantor does
hereby grant this Right -of -Entry to the City of Atka, Electric Utility, as the Grantee.
2. The Grantor does grant to the Grantee, its contractors, employees, agents and assigns,
the right to enter upon the following described real property for the purposes of
constructing dispatched excess electrical power system over, through, and across U.S.
Survey 2015 and in the Tribal Office and Recreation Hall on said property, said
property being situated in the City of Atka, Third Judicial District, Aleutian Islands
Recording District, Alaska, and more particularly described in Appendix A.
3. That in the event the dispatched excess electrical power system is constructed within
3 years from the date that this Right -of -Entry is executed by the Grantee, the Right -
of -Entry will automatically expire.
4. This Right -of -Entry is granted subject to the stipulations attached as Appendix B.
5. This Agreement is effective on the date signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement.
GRANTOR'S SIGNATURE Date
GRANTEE'S SIGNATURE Date
ATTACHMENTS: t - Legal Description
2 - Stipulations