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HomeMy WebLinkAboutSite Control Documents City of Larsen Bay Page 1 Bulk Fuel Facility Business Operating Plan Site Control Documents Site Control Opinion Tank Farm Site, Pipeline, Marine Header and Dispenser Larsen Bay, Alaska As requested, I have reviewed the land status for the Larsen Bay Fuel System Upgrade project. Land Status Summary Land records were researched at the Bureau of Land Management, the State Department of Commerce and Economic Development, the State Department of Natural Resources and the State Recording Office. Research of the State Recording Office information was conducted on line. Tank Farm. The new proposed fuel tank farm appears to be located on a parcel of land identified as Tract 37 which is within sections 31 and 32, Township 30S., Range 29W. Seward Meridian. The City of Larsen Bay is the owner of record for this tract. Koniag, Inc., successor in interest of Nu-Nachk Pit Inc, issued a statutory quitclaim deed to the City of Larsen Bay on July 30, 1997. The deed was recorded on August 18, 1997, at Book 151, page 426, in the Kodiak Recording District. A copy of the recorded deed is attached. Fuel pipeline (upland portion). The proposed new fuel pipeline appears to cross Tract 37, Tract H and Lot 10, in Section 31, Township 30S. Range 29 W., Seward Meridian. The City of Larsen Bay owns all of these parcels by the same statutory quitclaim deed referenced above. Additionally, the City also owns Lot 11, which is adjacent to Lot 10 to the south and Tract F which, is adjacent to Lots 10 and 11 to the east. Fuel pipeline, marine header, and marine dispenser (tide and submerged land portion). Portions of the pipeline and the marine header and dispenser will be on tide and submerged land. The State of Alaska has jurisdiction over tide and submerged land. However, the City of Larsen Bay has applied (ADL 227775) for certain tide and submerged land in Larsen Bay. The application includes the project area. On September 24, 2001, the State of Alaska, Division of Mining, Land, and Water issued a “Final Finding and Decision” concerning the conveyance of the tide and submerged land to the City of Larsen Bay. The final finding was that it was in the best interest of the State to convey about 98 acres of tide and submerged land to the City of Larsen Bay. This area includes the small boat harbor and the marine header and dispenser areas The decision states that “management authority will transfer to the City when this decision goes into effect.” The decision was not appealed and became effective on October 15, 2001. Therefore, the City of Larsen Bay has management authority for the tide and submerged land applied for under ADL 22775. A copy of the decision, which includes a map of the area to be conveyed, is attached. On February 25, 2002, the State issued survey instructions for the survey of the tide and submerged land applied for by the City. The City must have a survey completed before actual title can be transferred. City of Larsen Bay Page 2 Bulk Fuel Facility Business Operating Plan Site Control Documents Note: A 400 hundred foot portion of the road to the dock was apparently constructed with BIA funding. This portion of the road is located on tideland. As noted above the City has management authority over this portion of tideland. Allan Panamaroff, Mayor of Larsen Bay, verified that the road was indeed built with BIA funds. However, he also stated that the City has a maintenance agreement with BIA and that the City has management and maintenance authority for the road. Site control summary The proposed tank farm and the upland portion of the pipeline appear to be on land owned by the City of Larsen Bay. The City of Larsen Bay has been granted management authority for the tide and submerged land under application. Accordingly, the City has the authority to proceed with desired management action within the application boundary. Therefore, in my opinion, the City of Larsen Bay has site control for the entire project. It is recommended that the City proceed with the required survey of the tide and submerged land, so that actual title can be transferred to the City. Disclaimer: This site control opinion does not purport to insure, warrant or certify title. The research of the Kodiak Recorders Office records was limited to a review of the computerized records. The opinion is the result of a diligent research effort as described above. Prepared by Rick Elliott Land Consultant for LCMF, Inc. August 7, 2003 Attachment: Statutory Quitclaim Deed Final Finding and Decision