HomeMy WebLinkAboutEQUESTRIAN HEIGHTS CU82-53 S-6875
MUNICIPALITY OF ANCHORAGE
DEPARTMEN'r OF HEALTH & ENVIRONMENTAL PROTECTION
ENVIRONMENTAL HEALTH CASE REVIEW WORK SHEET
F_J PLATTING BOARD F~J PLANNING & ZONING
CASE NUMBEN NAME
CU82-53 A request for final 'approval of a conditional
DATE RECEIVED
use to permit a planned unit developement(75 un
May 3, 1982
COMMENT TO PLANNING SY in tl'~' R-b zone. _2~ ¢~
May 6, 1982 (Bavaria~hts SubdivisionL
FOR MEETING OF CA~ ...... ) OF. · ~ ?~=~1;7~_ ~ ~(../
E;~ PUBLICWATER NOT AVAILABLE TO PFTITION AREA
L3 PUBLIC SEWER NOT AVAILABI.E TO PETITION AREA
REVIEWEN'SCOMMENTS:
.ts)'
71-014 (Rev, 2/78)
CASE NO.
request to rezone approximately
to
RETUR~I COM[.]EIITS TO:
MUNICIPAL PLAN[,]I[.iG DEPART~'.[E;qT
zoning and Platting Division
Pouch 6-650
.Anchorage, Alaska 99502
264-4215
acres from
A request to amend Title 21 to
_ ~_A request for concept~pprova! of a conditional use to permit a ~~ l~
- d
in tile ' ~--G zone,
A request for an amendment to a conditional use
A site plan review for
C O,',li,l Ei'~T S:
Planning & Zoning Commission Public Hearing
Date: J~ 2~ ~'
........ ,
D !STRIBUTIO~I: STA~, DARD DISTRIBUTION v
(Public Projects) Urban Beautification Co,~.~mission
(OrdinnnceAmendments) Hunicipal Attorney's Office
PETITIONER:
REQUEST:
TOTAL AREA:
LOCATION:
CURRENT ZONE:
~ILOUTS
Mailed
Favor
Against
Unclaimed
COMMISS ION
ASSEMBLY
Other
2
i
3
3
2
2
FERNWOOD
rR/~ C T A
Tf?ACT ...F- !
FINAL CONDITIONAL USE APPLICATION
Municipality el Anchorage
Planning Department
Pouch 6-650
Anchorage, Alaska 99502
OFFICE USE
P.C.P H. Date ~//'~.Y' -~,~.
I. The undersigned hereby applies to the Municipality et Anchorage lot final approval of:
check one
( X ) new conditional use
( ) amendment to a conditional use '~
II. Description: (use additional paper if necessary)
.Legaldescription?fthearearequeetedfortheconditionaluse.\/. S½, NE¼, NW~/¥N½,
IN½, SE¼, NW~/sE¼, SE¼, NW¼, Sec. 35, TI2N, R3W, SM
A
Area (square feet or acres) of the petition area 50 acres
Current zoning of the petition area
Present ownership of the petition area gridqer Enterprisee
III. Application information: (use additional paper if necessary)
Section or subsection of ordinance under which1 conditional use is authorized 21,50,130
Explain the planning objecflves to be achieved, including a description of the character of the
proposed develop nt and an ex I oatio0 of t f3 t s ~h~t (~ tar ina ~h art cu ar
schemmorooosed r~annlng °b']~°~gc~ve ]s a~o~C~fe single ~am~?y ~el~ac,~e~
dwe]lin~ dnit~ with C0ml~on areas of improved parks and dndeve]oped green
space. The scheme proposed is a result of inadequ, ate soils for waste dis-
posal systems under the prese~
'Provide the starting and completion dates for construction (for each phase, if applicable)
dune 1, 1982 - Sept. 30, 1983
Provide a statement of intent as to final ownership Final ownership of 1 ets wil 1 be
p. rivete with t:he common area to be held in cornrnon b,y the Homeowners Assoc,
IV. Conditional Use Findings: (use additional paper if necessary)
A resolution granding final approval may be adopted only if it includes the following findings.
Explain how your proposal satisfies these lindlngs.
that the proposed construction and use of the conditional use will not be detrimentai to the
generalwelfareofthecommunity This IS a t,yplca residential community and
have no detrimental effect on the environment nor the community.
that the conditlona~ use meets the standards and requirements prescribed b,~ the zoning
regulations This pt.~posed development meets all cr';terJa under Title 21
PUD standards
that hereareadequateexistingsewagecapacity, transportalion[acilities ~ner ysupplyan.d
water supply to serve the proposed conditional use all ut~lltJes ws~l gee community
systems and adequate supplies and sources have been confirmed
thatthe conditionaluseconformetotheintentofthezoning districf the zoninq district
(s ~estdential as is ou~ development. 0nly the density will be changed,
and ou~ o~onosed density ~s within the Ti[la 2[ ouideltnes.
thattheuseoruses roposedareappropriatetothacharacteroftheareainwhichthepr *eot
will balocatad Th~ a~ea wt]~ ~ematn ~esideht~al as it ~s p~esently. ~pen
space, screening easements, and setback wil~ p~ese~ve ~he characte~ of
~his h~lls~de
thatthe eveo mentwil nothaveasubstanti Inea ea s[~eiceff cio theJ aleott e
proj"ct ~)pen ~pace, screen ng easemen~cs ~u ~[~lng se;c~ac~s w ~ preclude
any negative aesthetic impact oe the locele of this project.
that the conditional use is in accordance with the Co~'~prehen$ive Plan The Comprehensive
Plan calls for thiE area to be single family detached dwellingE, which is whet
provld~J~ ~or pedestrians within this subdivision and the access road t--~-this
subdivision will be improved and paved therby avoiding any hazardous traffic
conditions.
Bridger Enterprises
~I~NN~TUR E(e) OF THE OWNeR(S) OF THe
LANO IN PETITION AREA'
Box 589
~aqle River~ AK 99577
AODREeE
eIGNATURe OF AUAU~
S & S I.'ngine~rs, Inc.
.ZI~.~ (~IH q~w~ Highway,
AooReSSAnchorege, AK 99502
March 1, 1982
OATE
694-3662
PHONENO.
March 1, 1982
DATe
34q-6E61
PHONeNO.
planned unit
application
CONCEPT
development
Municipality of Anchorage
Planning Department
Pouch 6-650
Anchorage, Alaska 99502
Name of development: Bavarian Heights Subdivisi0n
Location of development:S½, NE¼, NW¼, N½, SE¼,.NW¼, SE¼, SE.¼,.NW¼, Sec. 35, T12N,
R3W, SM
Name of petitioner: Bridger Enterprises
Address of petitioner: 'Box. 589, Eagle River, Alaska
Phone number of petitioner: 694-3662
Signatu,~f petitioner:
99577
Nob:
If more than one owner or more than one parcel is involved, the names and signatures of the
owners of each parcel must be attached on a separate sheet. If the applicant is a party other than
the owner, written authorization must be attached.
Summary of Required Information
Office Use
Existing zoning R-6
Total site area 50 acres
Area of bodies of water 0 acres
Gross area of site 50 acres
Number of dwelling units 75
Density 1.5 dv/acre
Useable open space 15.0 acres
Private open space 21.0 acres
Floor area of residential use
(if mixed use) N/A
Floor area of non-reside,~tial use
(if mixed use) N/A
Area of parking for non-residential use
N/A
Case File No:
Fee L~ ~'(~
Received b~
Ownership verification
Concept hearing date
Final hearing date
Appeal hearing date
Approved
Denied
20-016 (5/77)
0
N 90'O0'O0"W 660.88
S 8@'56'3~]"E 1322,34
DA'I-E:
TO:
May
Planning Department
FROM: Health and Environmental Protection
SUBJECT: Bavarian Heights PUD
The sewer/water design for 'the project is being reviewed by
Alaska Department of Environmental Conservation under their
authority of co~nunity on-site systems in AAC Title 18.
the
TO date, this department has not received any approval of the
design from the Alaska Department of Environmental Conservation.
DHEP feels that the design should be determined adequate prior to
any concept approval. Therefore, DHEP does not support the PUD.
Additionally, the following items are of concern I:o the MunLcipality
of Anchorage and should be addressed in detail in the submihtat to
the Alaska Department of Environmental Conserw~tion:
Loug term effects of the concentrated hydrological
loading in one area regarding the nearby creek, ground
water arid its influence on the sewer and house foundations.
2. Maintenance arrangements for the comraunal sewer system.
3. Degree c)f treatment of sewage.
4. Leachfield surface use. 6-'
Recent MOA Assembly passage of the Hillside Wastewater sgudy(5--18-.82)
which post dated this submittal, references establishment of a
pilot program to study innovative on-site sewer such as cluster
systems.
The concept may be premature, if the recently adopted Hillside
Wastewater study is considered, in review of cases submittted prior
to May 18, 1982.
John W. Lynn
Environmental Specialis~
JWL/lw
91 010
SOUTtlCEN?RAL REGIONAL OFFICE
May 24, 1982
SECOND F~ OOR
ANCHORAGE ALASKA 99501
(907~ 274 2533
KODIAK ALASKA 9~,J~5
(90;) 4nC 3~50
P O BOX 1709
VALDEZ. ALASKA 99686
Sherri Wilette
Hunicipality of Anchorage
Pouch 6-650
Anchorage, Alaska 99502
RECEIVED
SUBJECT: Bavarian Heights Water and Sewer
The Department has reviewed the conceptual plans for the water and sewer'
system fDr Bavarian Heights. There appears to be room for the proposed
sewage treatmen~ systen~ and alternative systems. However, final approval
of the system would require far more information about the impervious
strata location, soils type, the soil percolation and permeability, and
the subsurface draina(je in the proposed subdivision and on the property
next to the subdivision. Therefore, the Department can grant approval
of the water and sewer system concept only.
Sincerely,
'l~%uce E. Erickson
Environmental Engineer
BEE/mm/vh
DATE:
-FO:
FROM:
May 12, 1982
Michael Mills, Zoning & Platting Div.
Private Development Supervisor, AWWU
SUBJECT:Bavarian Heights Subdivision
P.U.D. CU 82-53
MEMORANDUM
MUNICIPALiTy OF ANCHORAQ~
~NVI~ ~' ~' ". : ,~ E ,
RECE!V D
The Anchorage Water and Wastewater Utility has reviewed the
subject reques~ for concept final approval of a conditional
use to permit a Planned Unit Development 75 units) in 'the
R-6 zone.
T'he Project Engineer, William C. Hagmaier states existing
soils totally preclude on-site septic waste disposal.
Proposed is a community water and sewer system for any deve-
lopment on this 50-acre tract oF land.
The Utility will not accept the sewer distribution network
an/or septic tank and leach field for maintenance or
operation. The Homeowner's Association will be required to
maintain and operate the wastewater distribution network and
all other appurtenances required to make a completely
workable system. In the event this proposal is approved,
the Developer will be rg.q~%~ed~Q ~onstruet the s~stem so
t~f z{"~A~ ~7~.'a~g~7{--fnto the Mun~l~l~y~s~ewater
'~'~' ~'&~'~"~he future if~-changes ar~ made to the
sewered areas.
Anchorage Water & Wastewater Utility
DEB:deb
cc: John Lin, Health Dept.
Dick Hudson, AWWU
S& ENGINEERS, INC.
7125 OLD SEWAR[) HIGHWAY · ANCHORAGE, ALASKA 99502
Chairman, Planning & Zoning Commission
Municipality of Anchorage
632 W. 6th Ave.
Anchorage, AK 99501
Subject: Application for approval
Bavarian Heights Subdivsion, PUD
Dear Mr. Chairman;
On behalf of our client, T & G Enterprises, S & S
Engineers, Inc. is pleased to submit our request for concept
and final approval of a residential planned unit develop-
ment. Our project encompasses a 50 acre site located on
Nort~field Drive approximately 1,200 feet ~orth of mile 3 on
Rabbit Creek Road°
We fee] that a planned unit Oeve]oplaent and our
proposal in particular ~s appropriate for the site. The
existing soils on this site preclude development on this
]and under the existing R-6 zoning. This planned unit
development incorporates a comprehensive distribution system
for all community utility services. An overall ]al]d use
plan also has delineated open space and trail systems in
addition to the residential lots.
Our descriptive narrative follows. We feel this
project is appropriate for the site and in keeping with the
community's developing character. We ask you for your
support.
Sincerely,
S & S gngineers~ Inc.
William C. Hagmaier
Project Engineer
WCH: ] p
CC: File
ANCHORAGE EAGLE RIVER HOMER
(907) 349-6561 (907) 235-8179
BAVARIAN HEIGHTS SUBDIVISION PLANNED UNIT DEVELOPMENT
A. SITE DESCRIPTION:
THis site is located in the Hillside area north of
Rabbit Creek Road and west of Prater Street. The area en-
closed by this development contains 50 acres. The topo-
graphy in the eastern half of the development has an average
slope of approximately 13%. Vegetation in this area is com-
plosed ef black spruce, white spruce and cottonwood trees
with isolated stands of birch and alders. The south central
half of the property has a slight slope of 2% to the west,
with vegetation restricted to sedges and marsh grass with i~l-
termitten stands of black spruce and birch trees. This
portion of the site is noticeably affected by a surficial]y
saturated peat condition. The northern half of the site
varies topographically from a negative 13% grade on the east
side of the property westerly to a saturated peat bog locat-
ed in the north central portion of the site. The northwest
corner of the site is typified by a 20' knoll with side
slopes approximating 14%.
The property, is zoned R-6 as is all the surrounding pro-
petty adjacent to this subdivision.
Access to and from the property ia; excel]ant and will
be via Northfie]d Drive to Rabbit Creek Road.
'Pne property is owned and will be developed Dy T & G
Enterprises of Anchorage.
PLANNING OBJECTIVES:
The petition area is currently zoned I{-6, suburban resi--
dentia] district (large lot). The R-6 district is designed
to encourage residential development while at the same time
preserving and enhancing those physical arid et]vironmental
features which add to the desireabi]ity of suburban living.
As the site is presently zoned, the ~,~inimum lot size is 1
1/4 acres. Due to .";oil conditions (predominately clay and
hardpan si]t) the pres~:nt zoning allows little flexibility
in lot layout an<] in siting the dwelling units.
The primary planning objective at the proposed planned
unit development is to provide single family residential
dwelling units with minimum environmental disturbance. The
existi~g soils on this property preclude standard ~-6
residential development because of their impervious nature
in terms of septic waste disposal. It is this feature that
has dictated our planning objectives as follows:
a) retain a significant portion of the site in its
natural state.
b) provide quality housing to the public at the most
affordable cost.
c) minimize aesthetic disturbance to adjacent areas by
providing screening easements, and significant
setbacks and greenbelt areas.
These objectives cannot be met under the current R-6
zoning. More than half of the 50-acres is totally
unsuitable for a typical R-6 lot with on site waste disposal
system and water well. Because the existing soils totally
preclude development under this zoning, a community water
and sewer system is required to serve any development on
this tract of land. The economics of constructing a
community water and sewer distribution network and
corresponding pumphouses and/or septic tank and leach field
dictates the fact that the density must be appropriately
increased due to economic considerations. The plan that has
been submitted for this subdivision has taken into account
all technical, economic and aesthetic considerations, as
listed above in our planning objectives. 'Fbe optimum
solution to the constraints upon this property is a planned
com~nunity of open space and residential homes with a
community sewer and water system. We are therefore
requesting a density of 1.5 dwelling units per acre in order
to meet the planning objectives that we have outlined above.
C. PROJECT DESCRIPTION:
The project will consist of 75 single family dwellings
with an average lot size of 16,500 sq. ft. Each home will
have its o%~n private yard and quick access to the open space
and internal trail[ system. In addition, an internal green-
belt along all roads within the subdivision will be maintain-
ed by use of setbacks. This will decrease the visual
density of the project and provide a more private identity
to each of the individual residences. A trail system of ap-
proximately 8000 linear feet will provide walking, jogging,
and biking amenities to this subdivision. In addition, a
softball field will be built and also a combination foot-
ball/soccer field. '~he final aspect of this PUD is the
retention of undisturbed open space at the north central and
south central locations within the property.
The construction of individual residences will be gover-
ned by the archltectual control committee and by the coven-
ants, conditions, and restrictions for Bavarian Heights.
The covenants, conditions and restriction for this subdivis-
ion are attached with this report.
D. OPEN SPACE:
The tract of land that currently exists off Rabbit
Creek Road lies in a a relatively undisturbed and natural
state. It is the petitioners intent to leave the land in
its natural state as much as possible. With the exception
of roads, residential home sites, and the proposed trails
and athletic amenities, the site will be left in its natural
state. Incorporated within the covenants will be provisions
to restrict the amount of land that can be cleared for home
construction.
There will be three types of open space provided
in Bavarian Heights Subdivision. The largest contingent
will be held in private ownership by the owners of Lots
1-75. The private open space will be approximately 12,000
sq. ft. per lot which excludes the main structure, driveways
and parking aprons. The second type of open space is
undisturbed native vegetation which is held in common by the
homeowners association. This open space is intended to
preserve the natural surroundings while at the same time,
serving as a buffer to the adjacent areas. These areas are
show~] as Tract A and Tract B. The third type of open space
is the modified/improved open space shown as Tract C and
Tract D. Both the football/soccer field and the softball
field will be constructed and furnished by the developer.
The construction of the football/soccer field and the
softball field will consist of removing the overburden
material, hydro seeding the existing subbase material, and
delineating boundaries with permanent ground flagging ss
~ecessary. The furnished materials will include goals, nets,
goalposts, backstops, fencing~ basepads, pitching mound,
homeplate marker, etc. This open space will again be held
in common by the homeowners association. The fourth type of
open space will be the trail system. This trail system will
il]corporate a bike trail, walking trail,and jogging trail.
'Phis open space wi]] consist of approximately 8000 linear
feet of paved trail and will be owned in common by the
homeow~]e r s association.
E. LANDSCAPING:
The natural vegetation on the site consists of four
major plant associations: mixed white spruce/deciduous
forest, black spruce forest, scattered birch and alder, and
a shrubby wet bog area.
Following the drainage pattern~ the white spruce/
deciduous forest is found along the eastern ridge of the
property. Acting as a natural and visual buffer between the
Bavarian Subdivision and adjacent land owners, a 30-ft.
building setback has been established to retain its charac-
ter. A very nice stand of mature black spruce is found
along the southwest property line. To enhance its visual
and aesthetic qualities, recreational activities have been
placed amongst the stand. The shrubby wet bog found at the
north property line has been left in its natural state. By
following existing drainage patterns and establishing a
proper dew~lopment buffer around it~ the integrity of the
bog will be maintained. Like most of Alaska's natural
euvironment, the existing vegetation is sensitive to
development. To minimize impact on the landscape, all
manmade cuts will be as minimal as possible and will be
seeded and restored to a natural state.
In addition to preserving the existing vegetation found
on the site, accent planting areas have been provided. T~]e
first one is found at the entrance to the subdivision. This
landscaped area, with a 6-ft. wood frame, earth mounding and
identification sign, sets the mood for the subdivision along
with providing separation from existing houses. Plants,
selected for their color and ornamental characteristics,
will include crabapp]e, mountain ash, mayday, birch,
juniper, roses, lilac, honeysuckle, and cotoneaster.
In areas where proposed recreational activities would
occur and trails converge, native accent planting will
create interest throughout the year. Some of the proposed
trees are birch, which spruce, and poplar, with native
shrubs such as currants, honeysuckle, and elderberry
rounding out the planting design.
It is the intent of Bavarian Subdivision to convey a
natural park-like atmosphere through outdoor recreation and
proper land use. This will be accomplished Dy minimizing
impact on the existing natural environment, il]corporation of
development setbacks, maintenance of buffer vegetation, and
provision of amenities such as trails, play fields, and
playground equipment.
F. PUBLIC UTILITIES:
All utilities for this planned unit development will be
installed by the developer (see attached blueline prints fo~
utility layout). The water system serving this subdivision
will be a community system consisting of three to four
wells, a pump house and a distribution system which will
meet municipal and state D.E.C. criteria. The homeowners
association will be responsible to sign a contract with a
licensed laboratory for the monthly samplings of the water
system.
Due to the existing soils within the subdivision (see
attached soils report) a community waste disposal system is
mandatory. This waste disposal system will consist of a
distribution system to serve all lots, and a 3 compartment
septic tank. The waste water minus the solids will be
discharged into a large underground system of trenches and
drainfields at the southwest corner of the property.
Sufficient area is available for at least five replacement
areas.
The covenants, conditions, and restrictions for
Bavarian Heights Subdivision provide for a monthly
assessment to be levied on each homeowner for maintenance of
the community facilities as may be necessary. This monthly
assessment will De utilized to pay for all road maintenance
that may be necessary, monthly sampling of the water system,
maintenance on the water and sewer distribution systems,
yearly pumping of the septic tanks as may be required, and
maintenance on all equipment, trails, signs, greenbelts or
playing fields that are held in common by the homeo%{ners of
Bavarian Heights Subdivision. These monthly assessments
will be put into and escrow account and will require two
signatures for dispursement of any funds. This method
should insure that sufficient monies are available at such
time as the septic tanks should need to be replaced or the
water well pumps to be replaced, or any other major expense.
Electrical service to this subdivision will be provided
by C.E.A., gas service by Alaska Gas, and telephone service
by A.T.U.
G. TRAFFIC ANALYSIS AND VEHICLE CIRCULATION:
Access to this subdivision will be from Rabbit Creek
Road via Northfield Drive. Internal circulation will be
attained by traffic flow on Hauptweg Drive amd Spitzweg
Drive which will serve as the main residential thorough-
fares. It is the petitioners intent: to upgrade Northfield
Drive to a strip paved road from Rabbit Creek Road to this
subdivision. In addition, all internal roads will be strip
paved with drainage control, and with the paved Dike/walking
trail adjacent to the road as shown on the landscape plan.
Based on current estimates of driving habits, the proposed
75 lots would generate 450 vehicle trips per day on
Northfieldo The capacity of Northfield Drive when improved
by the petitioner will more than handle the increased
traffic flow. No on-street parking will be allowed on all
streets. The front yard setbacks for the R-6 zone have been
maintained for the most part and thus all parking will be
restricted to driveways only.
H. SITE DRAINAGE:
Site drainage will be accomplished by use of roadside
ditching and subdrainage throughout the property. Each road
prism will incorporate a subdrain to recieve any and all
groundwater. In addition all road side drainage that
infiltrates into the adjacent road prism will also be
disposed of through the subdrainage system. The outfall for
the drainage system will be via drainage easement to the
headwaters of Gold Creek. All downstream drainage culverts
have been examined and bare been rated as more than
sufficient to pass t~is minimal addition to the present
flow. It has been estimated ]Dy drainage modeling that the
quantity of water resulting from this subdivision is 1.89
cfs. The current flow of water in this drainage ditch/creek
is approximately 2-3 cfs.; most of which presently
originates from this property asa groundwater source.
I. DEVELOPMENT SCHEDULE;
It is the petitioners intent to complete the develop-
ment of the roads, water and sewer system, trails, and other
amemities during the 19d2 construction season. Addit-
ionally the seeding and landscaping will be completed during
19~2 if possible. If the landscapi~g cannot be completed
before August 15, 1982, this work will be delayed until the
]983 season. Paving will be performed during the 1983
construction season in order to allow for any secondary
consolidation of the roadway within the first year.
Development and construction on the individual lots will be
by the private lot owner and will occur over the next three
(3) years (estimated).
J. ENVIRONMENTAL CONCERNS:
During the development of the project careful
consideration will be given to air quality and noise impact
in order to minimize the interim disturbance during
construction. All equipment will be suitably muffled and
the access road into the project, Northfield Drive, will be
treated with CSS-1 to minimize any dust.
K. OWNERSHIP:
Lots 1 through 75 will be offered for sale to the
public. Ownership of the individual lots will transfer to
the private owner. Tract A - 0 and the trail system will be
held in common ownership by the new Bavarian Heights Home
Owners Association for use by its members and their guests.
L. PLANNED UNIT DEVELOPMENT STRUCTURE:
Attached with this application is a preliminary copy of
the Protective Covenants and the Home Owners Association
Agreement for the proposed subdivision. As described in the
covenants, a home owners association wi]] be formed. The
purpose of the association will be to maintain the common
areas and to carry out the intent of t~e covenants. The
association may ~dopt bylaws and elect officers to conduct
its affairs, make improvements to the subdivision, bring
legal action to enforce the covenants and other type of
lawful actions. The agreement also provides for common us-
age of Tract A, B, C, and D by all residents of Bavarian
Heights Subdivision.
PARKING:
There will be no roadside parking allowed. All lots
will have adequate driveways and parking areas to preclude
any roadside par~<ing. (All road within the subdivision will
be signed witg "No Parking" signs.)
N. TRASH DISPOSAL:
Roadside trash disposal service will be provided to the
project area by Anchorage Refuse on a weekly basis as is
provided to similar projects throughout Anchorage.
O. LIGHTING:
We will provide adequate
projet along all roadways and
for locations)
street lights throught the
cul-de-sacs. (see site plan
P. MAIL SERVICE:
Mail delivery boxes will be placed at roadside
locations by the builders of each respective lot with the
Post Office providi~]g delivery service.
DRAFT
PROTECTIVE CONENANTS, CONDITIONS AND
REBTRICTIONS, HOMEOWNER'S ASSOCIATION
BAVARIAN HEIGHTS SUBDIVISION
PART A. PREAMBLE.
KNOW ALL MEN BY THESE PRESENTS, that whereas the
undersigned is the sole owner of properties comprising
BAVARIAN HEIGHTS SUBDIVISION, and
WHEREAS, the undersigned, desires to assure the
continued development of BAVARIAN HEIGHTS SUBDIVISION, on a
high level for the benefit of the future property owners
and, for protection of property values therein, does desire
to place on and against certain real property within
BAVARIAN HEIGHTS SUBDIVISION certain protective covenants
regarding the improvements and/or use of the same;
NOW THEREFORE, the undersigned does hereby establish
and file for record the fo]lowing declarations,
reservations, protective covenants, limitations, conditions
and restrictions regarding the use and/or improvements of
the property ~[ocated in BAVARIAN HEIGHTS SUBDIVISION, and
located in the
Anchorage Recording District, Third Judicial District,
State of Alaska, filed as Plat No. , of said
records which said plat makes reference to these
convenants.
PART B. AREA OF APPLICATION
B-1. FULLY PROTECTED RESIDENTIAL/RECREATIONAL AREA.
The covenants in Part C in their entirety shall apply to all
lots of BAVARIAN HEIGHTS SUBDIVISION.
Lots shall mean and refer to any numbered plot of land
shown upon any recorded plat or subdivision map of BAVARIAN
HEIGHTS SUBDIVISION.
B-2. EFFECTIVE DATE. The restricted covenants,
]imitations and conditions hereinafter set forth and
applicable to the residential area hereinabove described
shall take effect concurrently with, and not until, the
recording of the plat for BAVARIAN HEIGHTS SUBDIVISION,
consisting of 75 lots, as more particularly described in the
preamble hereto. Any lawful but nonconforming use of any
lot existing as of the date hereof shall be permitted to
continue, provided that after such time as such use ceases,
no such unconforming use shall be permitted thereafter to be
reinstituted.
PART C. RESIDENTIAL AREA CONVENANTS
C-la. SINGLE FAMILY RESIDENTIAL PURPOSES. No lot
shall be used except for residential purposes. No building
shall be erected, placed, altered or permitted to remain on
any lot other than one detached single family dwelling and a
private garage for not more than three cars. Temporary or
surplus buildings may not be placed on any lot to be used as
a utility shed unless its appearance is equal to the home's
standard, utilizing proper foundation and siding.
C-lb. MOBILE HOMES. No mobile homes or travel
trailers shall be utitlized for residential purposes within
the subdivision. Travel trailers may, however, be stored
while not in actual recreational usage upon the property
belonging to any person or persons who may subsequently
acquire property in the subdivision..
C-2. UTILITIES. No domestic water wells shall be
constructed upon any lots in the subject subdivision nor
shall any private sewage disposal system be allowed upon any
lot contained withil] the subdivision.
C-3. DWELLING COST, QUALITY AND SIZE. No single
family dwelling shall be permitted on any lot which has an
appraisal value of less than $75,000.00, based upon 1982
costs, exclusive of the lot. The square footage of any
dwelling building shall not be less than 800 square feet per
level in the event that there is more than one level to the
subject structure and in the event that there is no more
than one level to the subject structure, a minimul, of 1,000
square feet shall be required for a structure, excluding
open porches, carports and garage. Construction of all
houses shall be at least equalto the present F.H.A. minimum
building standards. The appraised figures are based upon
cost levels pertaining on the date of these covenants being
recorded, it being the intention and purpose of the
convenant to assure that all dwellings shall be of a quality
of workmanship and materials substantially the same or
better than that which call be produced on the date these
cow.~nants are recorded at the minimum cost stated ~]erein.
C-4. CONSTRUCTION COMPLETION REQUIREMENT. Ail main
dwellings must have a finished exterior within six (6)
months from the start of construction and be fully completed
within one (1) year from the start of construction. All out
buildings must be fully completed in six (6) months time.
C-5. BUILDING
be as follows:
FRONT
LOCATION.
Setbacks for all lots shall
BACK SIDE
Block 1
Lots 1-5 30 25 10
Lots 6-8 25 10 25
Block 2
Lots 1-6 30 25 10
Block 3 30 25 10
Block 4
Lot 1 30 25 10
Lots 2,3 30 30 10
Lot 4 30 25 10
Lot 5 25 30 10
Block 5
Lots 1-8,
10-14,
17,18 30 25 10
Lots 15,16 25 30 10
Lot 9 25 10 30
Block 6
Lots 1-6 30 25 10
Block 7
Lots 1-.5 30 25 10
Block 8
Lots 1-19 30 30 10
Lots 20,21 30 25 10
Lots 22,23 25 30 10
Lots 24,25 30 30 10
C--6. TREES. No owner shall be permitted to
completely clear a lot on which stading trees of size and
beauty exit. Space may be cleared to provide for
construction and trees may be thinned so long as the maximum
l]atural beauty and aesthetic value of trees is retained.
C-7. FENCES AND SIGHT DISTANCES AT INTERSECTIONS. No
fence of any kind may be installed in violation of any State
statutes or Municipal ordinances presently enacted or as may
be hereafter amended.
C-8. UTILITIES AND EASEMENTS. The platted utility
easements shown on this plat shall be used for utility
purposes, power lines and telephone lines and utility
employees shall have the right of access to same. This
restriction shall be deemed a permanent easement for that
purpose. The grantor specifically reserves the same as a
utility easement, and no fence or other permanent or
semi-permanent structure shall be erected on or within the
area reserved. The easments and rights granted, or to be
granted the utility companies, providing said services
include the continuing right to prevent future act of any
person on or in said described land; and for this purpose
the said utility companies shall have the right to remove
any trees planted or transplanted or structures erected or
created subsequent to the date hereof, which infringe upon
or extend into the reserved area/ together with the right of
ingress and egress from and passage on and over said land
for the purpose of effecting and maintaining such utility
service, but reserving to the individual lot owners such
use, rights, and privileges in said land as may be exercised
and enjoyed without interference with or abridgement of the
rights granted said utility companies. The costs of removal
of any encroachment proscribed herein and any legal
proceedings related thereto shall be born by the party
creating such encroachment except that tile costs of removing
any natually occuring vegetation shall be the responsibility
of the utility company desiring such removal.
C-9. SIGNS. No sign of any kind shall be displayed
to the public view on any lot except one sign of not more
than five (5) square feel; advertising the property for sale
or rent, or signs used by the builder to advertise property
during construction and sales period.
C-10. NUISANCES. No noxibus or offensiw~ activity
shall be carried on upon any lot, nor shall anything done
thereon which may be or may become an annoyance or nuisance
to the neighborhood. No trade or business of an offensive
nature shall be permitted upon any residential lot;.
C-l]. LIVESTOCK. No animals or livestock of any kind
shall be raised , bred or kept on any lot, except that dogs,
cats er other normal household pets may be kept, provided
that they are not kept, bred or maintained for any
commercial purpose. Ail dogs shall be restrained, as
necessary, to prevent their becoming nuisances.
C-12. TEMPORARY STRUCTURES. No structure of a
temporary nature, tent,shack or quonset hut or barn shall be
used on any lot at any time as a residence. No trailer
homes other than those used for camping purposes may be
parked on any lot and they may not be used as a dwelling or
home.
C-13. GARBAGE DISPOSAL.. No trash cans, garbage cans,
trash barrels, boxes or other refuse containers shall be
placed or maintained on or along the side or end of any lot
fronting upon, or adjacent to, a street, with the exception
that patrons of a garbage pickup service may place such
containers bearing trash or garbage for pickup upon the end
or side of the lot fronting upon the street on which the
garbage is picked up on the day designated by ordinance,
resolution or contract for the pickup of garbage at such
lot. No burning of trash, garbage, refuse or other waste
shall be permitted upon the street front and/or side of any
lot at any time, and such burning on the rear of lots shall
be permitted only in accordance with the appropriate health
and safety laws or ordinances or the Municipality of
Anchorage.
C-14. INOPERABLE VEHICLES. No inoperable vehicle
shall be parked or maintined upon any lot or within any
street, alley or easement adjacent to any lot in the
aforedescribed subdivision. A vehicle temporarity
inoperative for repair by the owner or under the owner's
direction for a period not exceed thirty (30) days (subject
to availability of parts) shall not be considered a
violation of this provision.
C-15. SNOWMOBILES. Snowmobiles shall not be operated
on the streets or utility easements of this subdivision
except for ingress or egress to the nearest open space or to
the nearest areas not disapproved for snowmobile operation.
No snown]obi]e operations shall De conducted between the
hours of 10:00 o'c]ock P.M. and 7:00 o'clock AoM.
C-16. '£ERM. These covenants are to run with the land
and shall be binding on all parties and all persons claiming
under them for a period of 25 years from the date these
covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of 10
years unless an instrument signed by a majority of the then
owners of the lots has been recorded agreeing to change said
covenants ill whole or in part. A majority of the lot owners
in the subdivision can make addition, deletions or
amendments to the covenants.
C-17. ENFORCEMENT. Enforcement shall be by
proceedings at law or in equity against any person or
persons violating or attempting to violate any covenant,
either to restrain violation or to recover damages.
C-18. SEVERABILITY. Invalidation of any one of these
covenants by judgment or court order shall in no way affect
any of the other provisions which shall remain in full force
and effect.
PART D. HOMEOWNER'S ASSOCIATION
D-1. MANDATORY MEMBERSHIP. A Homeowner's Association
is being established to provide for the water systems,
sewage disposal systems, maintenance and repair of public
roads, maintenance of recreational area, drainage, street
lights, and street signs serving the properties until a
gow~rnment body assumes those responsibilities, and to
provide rules of operation and control of the subdivision.
Every purchaser, his heirs, assigns and successors in the
ownership of lots in this subdivision agrees as a condition
of purchase that he is automatically a member of the
Homeowser's Association. He will abide by the policies now
set and as later may be amended by majority decision. He
will support such policies and will pay such assessments as
may from time to time be levied. The Homeowner's
Association will be operated by the sudivider until such
time as more than 50 percent of the lots subject to
Association jurisdiction have been conveyed to the ultimate
consumers (contractors and other purchasing any of said lots
for resale shall not be deemed to be "ultimate consumers"),
or October 31, 19~5, whichever first occurs, at which time
the Association will be activated and there will be an
election of officers and Executive Committee and dues will
be established and levied as determined by the Executive
Committee.
D-2. VOTING RIGHTS. The Association shall have one
class of voting rights° Each owner of a lot, whether such
owner is an intity, person, or more than one person, shall
be entitled to one (1) and only one vote for each lot owned.
When more than one person holds an interest in any lot, such
persons shall decide among themselves how the vote for such
lots shall be exercised. Eligible votes may be cast on all
matters that may come before a meeting of the Association.
D-3. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENTS. The lot owners for each lot owned within the
subdivision hereby covenant, and each owner of any lot by
acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to
pay the Association: (1) Annual assessments or charges,
and (2) Special assessments for capital improvements, such
assessments to be established and collected as hereinafter
provided.
D--4. CONVEYANCE AND SUBORDINATION. The Association
shall have the power to assess fees to the lot owners to
achieve the objectives of the Homeowner's Association. The
lien of the assessments provided for herein shall be
subordinate to the lien of any mortgage. Sale or transfer
of any lot shall not affect the assessment lien~ However,
the sale or transfer of any lot pursuant to mortgage
foreclosure, or any proceeding in liey thereof, shall
extinguish the lien of such assessments as to payments which
become due prior to such sale or transfer. No sale or
transfer shall relieve such lot from liability for any
assessments thereafter becoming due or from the lien
thereof.
D-5. ANNUAL ASSESSMENTS. The Association will be
operated by the subdivider until such time as more than
50~ of the lots subject to Association jurisdiction have
been conveyed to the ultimate consumers (contractors and
others purchasing any of said lots for resale shall not be
deemed to be "ultimate consumers"), or October 31, 1985,
wbichever first occurs. T~]e fiscal year ior assessments
shall be from November 1st through October 31st. Upon
purchase of a lot or lots by a purchaser, the purchase~
shall, at the time of closing, pay the pro rata annual
assessment remaining for the fiscal year's assessment plus
one full annual assessment fee of $ which will
cause purchaser's annual assessment--~-b--e p~id through
October 31st of the year subsequent to purchase. The
subdivider will not pay any assessments for unsold lots Out
will make up any deficits in the maintenance expense until
such time as all lots in the subdivision have been sold. At
such time as the Homeowner's Association is activated, the
l~oard of Directors may fix the annual assessments.
D-6. EMERGENCY PROVISION. The Board of Directors may
fix an Emergency Assessment, not in excess of
per lot, by a two-thirds vote of the entire membershi~--~--
the Board. The Board of Directors shall have sole
discretion as to what constitutes an emergency so long as
such discreation is exercised justly and reasonably. Such
assessment shall[ only be fixed at a duly constituted meeting
of the Board, when:
regular
and
Conditions do not allow time for' a special or
meeting of the Association membership to be called,
b. An emergency exists which requires immediate actior~
(endangers life, property, or use of the properties), and
c. The Association's funds are not adequate to pay to
cost of action to be taken.
D--7. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS.
In addition to the Annual and Emergency Assessments
authorized above, the Association may levy, in any
assessment year, a Special Assessment applicable to that
year only, for the purpose of defraying, in whole or in
part, the cost of any construction, reconstruction~ repair,
or replacement of a Capital Improvement or upon public
roads, including rights-of-way, serving the subdivision,
including fixtures and personal property relate(] thereto,
PROVIDED THAT any such assessment shall have the assent to
two-thirds of the lot votes represented at a meeting duly
called for this purpose.
D-8. NOTICE REQUIRE~]ENTS. Written notice of any
meeting called for the purpose of taking action authorized
under Sections D-5 through D-7 shall be sent to all members
not ]ess than fifteen (15) days nor more than thirty (30(
days in advance of the meeting. At the first such meeting
called, the preset%ce of members or of proxies entitled to
cast sixty percent (60~) of ail votes shall constitute a
quorum. If the required quorum is not present, another
meeting may be called subject to the same notice
requirements and the required quorum at the subsequent
meeting shall be one-half of the required quorum at the
preceeding meeting. No such subsequent meeting shall be
held for more than sixty (60) days following the preceding
meeting. .
D-9. UNIFORM RATE OF ASSESSMENT. Both Annual and
Special Assessments must be fixed at a uniform rate for
lots and may be collected on a monthly, semi-annual, or
annual basis by the subdivider or the Association.
al 1
D.-10. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS, DUE
DATES. The first Annual Assessment: shall be paid as set
forth in paragraph D-5 above. The Board of Directors shall
fix the amount of the Annual Assessment against each lot at
least thirty (30) days in advance of each Annual Assessment
period. Written notice of the Annual Assessment shall be
sent to every owner subject thereto. November 1 shall be the
date Annual Assessment are due and payable. The Association
shall upon demand, and for a reasonable charge, furnish a
certificate signed by an Office of the Association setting
forth whether the assessments on a specified lot have been
paid.
D--ll. EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES
OF THE ASSOCIATION. Any assessment, not paid within thirty
(30) days after the due date shall bear interest from the
due date at the rate established by the Board of Directors.
The Association may bring an action, at law, against the
owner personally obligated to pay the same, or foreclose the
lien against the property. No owner may waive or otherwise
escape liability of the assessments provided herein by
~]on--use of the Common Area or abandonment of his lot.
D-12. TERMINATION OF ASSOCIATION. The Association
shall be terminated upon the condition of a gow~rnmental
agency causing to be created a Public Service District which
will provide for the maintenance and repair of streets
located within the subdivision.
DATED this ......... day of , 1982.
Its
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day
of , ].982, before me, the undersigngd,
a Notary Public for the Sta'te:~of Alaska, duly commissioned
and sworn, personnally appeared ,
to me known and known to me to be the identical individual
described in and who executed the within and foregoing
instrument and acknowledged that he signed the same as the
free and voluntary act and deed of
for the uses and purposes tberein mentioned.
GIVEN UNDER MY HAND and official seal the day
and year last above written.
Notary Public in and for Alaska
My commission expires:
ENGINEERS, INC.
7125 OLD SEWAFID HIGHWAY · ANCHORAGE, ALASKA 99502
November 15, 1981
Mr. Rexford Turner
P.O. Box 589
Eagle River, Alaska
99577
Subject: Preliminary Soils Exploration and Percolation Tests
for Bavarian Heights Subdivision
Dear M,:. Turner;
The information contained in this report is the result
of our preliminary soils investigation on the Bavarian
Heights Subdivision, upper Rabbit Creek Road area. Our
inw~stigation included the review of previous soils inves-
tigation, research of soils data on surrounding property,
and field exalnination with backhoe test pits° Forty-four
test pits were excavated and examined during October and
early November of this year. The test pits were logged and
representative samples were taken. These varied in depths
from 12 to 21 feet and were spaced throughout the proposed
subdivision area.
Prior to this ~:eport, eight perc tests were performed
by Moening Gray & Associates during July of 1979, eight test
pits were excavated and examined during September of 1978 by
idoening Gray & Associates, and four test pits were logged by
John M. Lambe during December of 19'77. The test pit
locations for all projects are shown on Figure 1. In all
cases subsurface examination was accomplished with backhoe
equipment.
Drainage throughout the area is ir] a westerly direction
except for the northeast corner of the property where a
southerly trending swail occurs between the east ridge and a
small hill to the west. Drainage is e;{ce].lent along the
easterly ridge and sma]] hill. Dra:[nage in the afore-
mentioned swail and southwesterly corner is moderate due to
the lack of a suitable outfa]l. The water tends to perco--
late into the existing gravel underlying the southwest
corner of the subdivision. The surficJ, a] soils in this area
were deposited during the final glaciation. The primary
depositional agents included ice, streams, outwash, and
ponds. These produced a somewhat complex series of
materials varying widely in c[]aracter.
ANCHORAGE EAGLE RIVER HOMER
(907) 349-6561 (907) 235-8179
Baw~rian Heights Preliminary Soils Tests
Page 2
The ridge extending along the east side of the property
consists of several feet of silts and silty sandy gravels
overlying a fairly well graded sandy gravel to gravelly
sand. This material was quite dense and had a moderate to
]ow moisture content with no water table conditions
encountered. The percolation tests performed in this area
were for the most part unacceptable for on site waste
disposal systems. Only three out of twently percolation
ho]es showed any ability to meet the criteria for on site
waste disposal systems.
In the southeast corner of the propertyr soils consist
of a blueish gray sandy silt to clayey silt. The deposit is
essentially impervious. It has a low moisture content and
very firm consistency except where it is in contact with
surface water. Test pit information indicates the silts and
clays are underlain by a very dense sandy gravelly cobble.
This material is also impervious. None of the perc tests
performed in this area will meet Municipal standards for
waste disposal systems.
The small hill and side slopes in the northwest portion
contain a thin veneer of silty sands overlying stratified
sandy yravel to gravelly sand. These sands and gravels
contain some thin and apparently discontinuous silt beds or
lenses. The materials have a low moisture content and all
test holes performed in this area will meet the existing
;,'lunicipa] criteria for on site waste disposal systems. The
southwest corner of the property col]sists of gravelly cobble
to sanOy gravel which is overlain by a thin 2rfoot veneer of
silty sandy clays. In some locations closer to the
southwest corner of the property the gravel comes entirely
to the surface. These gravels are very pervious and at this
time a water table exists on them varying from three feet to
nine feet. With proper drainage considerations, this area
could laeet the existing Municipal criteria for on site waste
disposal systems.
We conclude that the area under consideration known as
Bavarian Heights Subdivision is unsuitable for the most part
under its present zoning for subdivision development. This
is presented graphically in Figure 2 accompanying this
report. As can be seen from ]Figure 2 approximately 60% of
the proposed subdivision property has ground that is
unacceptable for on site waste disposal systems.
Bavarian Heights Preliminary Soils Tests
Page 3
Drainage characteristics should be addressed during
initial subdivision design. This is particularly important
in the southwest corner of the suDdivision where surface
drainage improvements will be required. The water in the
southwest corner of the subdivision apparently comes from a
combination of surface flow off of the hill to the east and
deep ground water flow coming out of the peat bog in the
north central portion of this subdivision. Depending upon
road configuration and subdrain placement this area could
very easily be permanently dewatered. There are also soma
sporadic water seeps at varying depths located along the
hi]] on the east side of the property a~]d the mid central
portion of the property. These water seeps are for the most
part quite deep and should not interfere with any residen.~
tial home foundations. However, it should be recommended
that foundation drains be placed on any structures placed
adjacent to these water seeps.
Foundation subbase material wi[[] vary and also require
individual attenfion prior to construction. For example,
materials on site vary in frost susceptibility fro~a NFS to
F-4. Consistency of the granular materials appears to be
generally medium dense to dense. The finer materials or
cohesive soils appear to range from stiff to very firm.
Where exposed to excessive moisture, commonly near the
surface, the cohesive materials are soft. Because of the
wide variety of soils within this large 50-acre tract, it is
recommended that all foundation designs be subject to
engineering analysis prior to foundation construction.
We appreciate conducting this preliminary examiilation
for you and ask that you contact us if any additional
information is required. /'~
Nesl3octful]~, sublaitted,
TRS:ip
CC: File
william C. Hagmaier
32 ~ K
'' 15
OA
29
Fl-].
o (
03
OE
34
B 35
[3
X
36
27
X
26
x~
25
X
28
0D
Fi-- 6
oX ;~ :-' ~'
23
41
24 ~ kId- 7
/ X -",/,a
44
BAVARIAN HEIGHTS SUBDIVi~ION
APPROXII'~TE
LOCAT]ONS
OF
CROSS SECTIONS
TEST PITS
mqD
BORINCS
SC/~E 1" = 200'
TEST P1TE -D
BORINC£ -0
PERCOLATION TEST -(X )
CROSS SECTION --~~~
OM-5
16
X
14
13
X
12
X
22
M-4
X
17
18
'X
40
X
10
OH-8
Figure 1.
X
20
×
8
X
C
F
X
4
3
K
X
'7
H-2 3~
o (rT)
[3
7
X
1
ELI)
BAVARIAN HEIGHTS SUBDIVISIO~
Soils Test
TABLE 1
TEST HOLE #
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
2,2
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
TOTAL DEPTH
11.0 ft
13.0 ft
12.0 ft
11.0 ft
10.0 ft
13.0 ft
11.0 ft.
11.0 ft.
12.0 ft.
13.5 ft.
10.5 ft.
12.0 ft.
10.5 ft.
13.5 ft.
13.0 ft.
].2.0 ft.
11.5 ft.
12.5 ft.
11.5 ft.
].3.5 ft.
].9.0 ft.
]_5.0 ftc. i
-~2.0 ftj i
]0.0 ft, i) I
10.0 ft4-~ I'~
11.0 ft.
9.0 ft.
15.5 ft.
l0.0 ft.
14.0 ft.
16.5 ft.
10.0 ft.
13.0 £t.
10.0 ft.
13.0 ft,
10.0 ft.
17.0 ft.
13.0 ft.
11 ~ 0 ft.
11,0 ft.
SOIL
CLASSIFICATION
ML
SM/GM
SM/GM
SM/OM
ML/CL
SM/ML
SM/ML
SP/GM
ow/sp
SP/6M
sM/GM
S~/SP
SM
GP
SP
GP/SP
( SM/SF
SP
SP
GW
GW
GW
SP/GP
s./sp
GW
GW
GW
6M / SM
GM/SP
S /ML
GW
GP/SP
GW
OW / SW
ML/CL
PERC. HATE
nonpercable
nonpercable
nonpercable
nonpercable
nonpercable
nonpercable
nonpercable
nonpercable
22 min./in (water seep 7'
8.6 min/in
40 min/in
48 min/in (water seep, 8'
12 ~.n/in (water seep, 8')
24 ~.n/in
nonperc~)le
nonpercable
nonpercable (water seep,6
nonpercable
nonpercable(water seep, 6
visual perc(water seep,6'
visual perc(grd, wtr.,ll'
visual perc(grd, wtr.,3')
nonpercable(water seep,7~
[[7 min/in(water seep, S')
[[1.4 min/in(seep, 11.5')
7.5 min/in~
5.7 min/in ~
visual perc(grd.wtr. ,5.1)
2.5 rain/in
visual perc
7.5 min/in
visual perc
60 min/in
visual perc
visual perc
8.8 min/in
88 min/in
26.6 min/in(wtr, seep, 7'
nonpercable
visual perc(grd, wtr. 9'
visual perc
visual perc(grd, wtr. 3'
visual perc(grd, wtr. 6'
nonpereable
~iSABL£. LAND
FOt~ CONVENTIONAL
SEPTIC SYSTEMS ~
Scale: I ~= 200~
BAVARIAN HEIGHTS
SUBDIVISION
APPROXIMATE
LOCATIONS
OF:
CROSS SECTIONS
TEST PI T ,~]
AND
I:)OR INGS
TEST PITS-
BORINGS- o
PERCOLATION TI"ST.- ~
CROSS SECTION- >-~
FIGURE
REPRESENTATIVE SOIL PROFILES
AND
PERCOLATION TESTS
ENGINEERS-SURVEYORS
7125 Old Seward Highway
Anchorane, Alaska 99502
I-1 SOILS LOG
[] PERCOLATION
TEST
PERFORMED FOR: Bruton Subdivision TH #5
LEGAL DESCRIPTION: Sec. 35, T12N, R3W, SM
DATE PERFORMED: October 29, 1981
1
2
3
4
5
6
7
8
9
10-
11
13-
14-
15-
16
17~
18-
19-
20-
~OMMENTS
PT
ML'
Brown silty clay
SM
Brown silty sand
SM/GM
Dark brown gravelly
silt
10:00
10:45
SLOPE
SITE PlaN
WAS GROUND WATER
ENCOUNTERED? ._~J0
IF YES, AT WHAT
DEPTH?
U ~lJ/Z9 O U U U
#1 " 45 45 1/4" 1/4"
fl2 80 .... iSr5 --1/2" 1/4"
#3 " 110 30 1/2" 0
#4 " 140 30 1/2" 0
11:20
11:50
12:20
PERCOLA'I'IO H I"{ATE
TEST RUN I31~TW[E~J
Nonpercable . |rnlnut~/inch)
5 FT AND 7 FT
ENGINEERS-SURVEYORS
7125 Old Seward Highway
Anchorage, ^laska 99502
[] SOILS LOG
PERCO LJkTION
TEST
PERFORMED FOR:
LEGAL DESCRIPTION:
Bruton Subdivision He'le (1
Section 35, T12N, R3W, SM
DATE PERFOHMED: ~nt 2~. lqR1
1
3
4
5
6
7
8
9
10
11 --
13-
14-
15-
16
17
18
19
20
COMMENTS
PT
SM/ML
Brown Silty clay with
some cohble
GH
Gray hardpan gravelly
silt very dense
SM/ML
Gray silty clay
very stiff clay
9:20
9:50
10:15
10:50
11:20
12:00
SLOPE
SITE PLAN
WAS GROUt,~D WATER S
ENCOUNTERED? NO L
O
P
E
IF YES, AT WHAT /
DEPTH?
10/29 0 q 0 0
~tl 10/29 30 Min. 30 Min 1/4" 1/4"
~t~- 10/29 ~-- 55 ~ 3/8" 3/8"
~t3 10/29 90 Min 90 Min 1/2" 1/2"
~,~4 10/29 120 [~in 120 Hin 1/2" 1/2"
pERCOLATION RATE'
TEST RUN pETV,~EI',S
Nonpercabl e (minutes/inch)
7 ~ FT AND g-- FT
[] SOILS LOG
ENGINEERS-SURVEYORS
7125 Old Seward Highway
^nchorace, Alaska 99502
PERCOLATION
TEST
PERFOnMED FOrt:_ Bruton Subdivision TH #8
DATE PERFORMED: October 29, 1981
Sec. 35, T12N, R3W, SM
LEGAL DESCRIP"FION:
1
3
4
5
6
7
8
9
lO
11
12
13
14
15
16-
17-
18-
19-
20-
PT
SM/Mt.
Blue silty clayey
salld, very moist
SLOPE
SITE PLAN
0 10/29 0 0 0 0
#1 " 30 30 1/8" 1/8"
¢t2 " 60 30 1/8" r)
10:30
11:00
11:30
11:50
Nonpercable
p ERCOLATIO/'~ R^TE
6
TEST RU~ DETVv'EF.~ FT AND _
COMMENTS Surface water entering excavation.
(minutes/inch}
8
PERFORMED FOR:_ Bruton Subd. i~isio_~ TH ~/10
Sec. 35, T12N, R3W, SM
LEGAL DESCRIPTION:
ENGINEERS-SURVEYORS
7125 Old Seward Highway
Anchorage, Alaska 99502
SOILS LOG
PERCOLATION
TEST
DATE PERFORMED: Ilctnher ?q: lqR1 _
PT
1
2
3
SM/GM
4 Silty sandy gravel,
dense, wi'th cobble
6
GW/S P
7 Black sand~ gravel
8
9
30
SM/GM
11 Silty sandy gravel
12
13-
14
15
11:45
12:00
17
12:15
18 12:30
19 12:45
20 -
SLOPE
SITE PL.AN
WAS GROUND WATER No
ENCOUNTERED?
IF YES, AT WHAT
DEPTH7
$
L
O
P
E
0 10/29 0 0 0 0
i " 15 15 2" 2"
2 " 30 15 4" 2"
3 " 45 15 5 3/4" 1 3/4
4 " 60 15 7 1/2" I 3/4
8.6 min/in
COMMENTS
PERCOLATION RATE (minutes/inch)
7 9
TEST RUN D~Iv~ FT AND FT
ENGINEERS-SURVEYORS
7125 Old Seward Highway
~.nchora~e, Alaska 90502
PERFORMED FOR:
Bruton Subdivision
TH #12
DATE PERFORMED:
LEGAL DESCRI?TION:
Sec. 35, T12N, R3W, SM
SOILS LOG
PERCOLATION
TEST
October 29, i981
1
2
3
4
5
6-
7
8
9-
lO
1!
13
14
15
16
17
18
19
20-
· PT
GM/ML
SP
Black Sand
(water seep at 8')
SLOPE
SM
Brown Silty
Sand
WAS GROUND WATER NO S
ENCOUNTER ED? OL
only a water seep at 8' P
· E
IF YES, AT WHAT
DEPTH?
#0 10/29 0 0 0 0
#1 " 30 30 1/2" 1/2"
#2 " 60 30 1 1/2"
#3 " 90 30 I 5/8" 5/8"
]2:30
1:00
1:30
2:00
48 (minut*$/in~h)
5 7
COMMEN'rS GM/MI- material was perced because of the water seep at 8'. The SP material will .
perc at better than 15 min/in.
PERCOLATION RATE
~EST RUN~W[~
PERFORMED FOR;
LEGAL DESCRIPTION:,
PT
1
2
3
4-
5-
6-
7-
8-
9-
10
11
12
13
14
15
16
17
18
19
20-
Bruton Sul~division
SEC 35, 1-]_25Z~ R3W, SM
SM/GM
Brown silty gravel
groundwater/surface
seep at 4'
COMMENTS
E] SOILS LOG
ENGINEERS-SURVEYORS
7125 Old Seward Highway
Anchorane, 2,1aska 99502
[] PERCOLATION
TEST
TH ~16.
.DATE PERFORMED: qctober 29~ 1981
SLOPE SITE PLAN
WAS GROUND WATER Yes
ENCOUNTERED?
IF YES, AT WHAT 4~
DEPTH?
PERCOLATION RATE Nonpercable {mlnutel/inch)
TEST RUN 13~TVqEEIM FT AND FT
ENG INEEP, S-SURVEYORS
7125 (~1(I Seward Highway
· .. 502
Anchora~,e, Alaska ~m
[]
[]
SOILS LOG
PERCOLATION
TEST
PERFORMED FOR: Bruton Subdivision 'TH #20
DATE PERFORMED: October 29, 1981
LEGALDESCRI~ION:_ SEC. 35, T12N, R3W, SM
1 PT
2
GP
3 :~Sandy gravel
-- saturated
4
5
6
7
CL
8
Gray clay moist
9
SLOPE
SITE PLAN
11
'12
13
14
15
16-
17-
18-
10-
20-
COMMENTS
CL
Gray caly
very dense
WAS GROUND WATER $
ENCOUNTERED? NO L
(surfa§~ _wa~e,r seepage) po
E
IF YES, AT WHAT
DEPTH?
P£RCO LATIO N R^TIS Nonpercable
TEET FIU~ 13£1(Vv'EEJ'J FT AND . FT
Nonpercable due to surface water seepage
See Pictures #9 & 10
ENGINEERS-SURVEYORS
7125 Old Seward Highway
' Anchoraee, Ala., ,'~',,a 99502
PERFORMED FOR:
Bruton ~ubdivision' TH #22
DA1]E PERFORMED:
LEGALDESCRI?TION: SEC. 35, T12N, R3W, SM
C)
0
SOILS LOG
PERCOLATION
'rEsT
October 30,
1
2
3
4
6
7
9
lO
11
12
13
14
15-
16
17
18
lg
20
:OMMENTS
PT
ML
~.Silty clay
GP
Gravelly cobble
SP
Gray sand
saturated
SLOPE
SITE PLAN
SM
SM
Silty sand
Black silty
sand
ENCOUNTERED? Yes
IF YES, AT WHAT
DEP'rH?
PERCOLATIO ht RATE nonpercable
TEST RUM [~[l~J~J FT AND . FT
The percable soi]s (GP and SP) were saturated, preventing any perc test.
(see
~ERFOR~ED
ENGINEERS-SURVEYORS
7125 Old Seward Highway
/!nchora~e, Alaska 99592
pEREOn~EDFOn: Bruton Subdivision ' TH #24
DA~E ?ERFORMEO:
LEGALDESCRI?TION: SEC. 35, T12N, R3W, SM
SOILS LOG
PERCOLATION
TE~T
October 30, ~981'
1
2
3
4
5
7
9
1 o
11
12
13
14
16-
17
18
lg-
20-
:OMMENT$
PT
ML
GM/GP
]~-- Water seep along
silty layer
SNMt.
SLOPE SITE ?LAN
WAS GROUND WATER S
ENCOUNTERED? NO
P
£
IF YES, Al' WHAT
DEPTH?
]:25
2:00
2:15
2:30
2:45
3:00
3:15
3:30
10/30
0
1
4
5
6
7
0
35
65
95
110
125
0
35
15
lb
15
15
O
1/8"
~78~
]/8"
7
7/8
0
2
i 1/8"
1
]
7/8"
PERCOLATION RAT[
17 min/in.
FT AND
'ER~:OR?,ED BY: "'--~' CEP, T,FIED BY: _'~?~ ,
PERFORMED FOR:
Bruton. ,~lbdJvis~on
LEGAL DESCRI?TION: SEC. 35, T12N, R3V, SM
SOILS LOG
ENGINEERS-SURVEYORS
7125 01d Seward Hi0hway
Anchorane, Alaska 99502
PERCeLATION
TEST
TH ¢f25
DAlfE PERFORMED: October 30, 198-~1
1
2
3
4
!;
6
7
8
9
10
11
13
14-
15-
16-
17-
19-
20-
OMMENTS
PT
SI.OPE
SITE PLAN
Brewnish gray gravel
with traces of fines
water seed
silt bed
Si] ty Sand
1:45
2:00
2:].5
2:25
2:35
2:45
along
WAS GROUND WATER
ENCOUNTt;RED?
IF YES. AT WHAT
DEPTH?
~O
2
3
4
5
30
40
--5'~
6O
15
10
10
1 1/2"
2 1/2"
3 1/2
--~-578 '
5 1/2
.1
1
1 1/8 --
7/8
PERCOLATIO/4
TEST
11.42 min/in,
4 FT AND
ENGINEERS-SURVEYORS
7125 Old Seward Highway
~,nchorane, Alaska ?9502
PERFORMED FOR:
Bruton Su~d'ivision 'TH #26
DATE PERFORMED:
LEGAL DESCRIPTION: SEC. 35, T12N, R3W, SM
SOILS LOG
[] PERCOLATION
TEST
October 30, 1~81 -
1
2
3
4
5
6
9
lO-
11
12
13
14
15
16
17
1 B
1 g
20
:OMMrNTs
PT
SM
Silty sand
SP
Gray sand
2:15
2:30
2:45
3:00
3:15
SLOPE
SITE PLAN
WAS GROUND WATER
ENCOUNTERED?
IF YES. AT WHAT
DEPTH?
S
Gro
o
1
2
4
0
15
30
6O
Ne!
15
15
:[5
:[5
2 1/8"
4 ]/8
__6 ]/8
8 ]./8
2 1/8
p£FtCOLA-rIO N RATE
7.5 rain/in. (mlnu!~/ir',chl
7 FT AND - g FT
ENGINEERS-SURVEYORS
7125 Old Seward Highway
Anchorane, Alaska 99502
[]
SOILS LOG
· PERCOLATION
TEST
PERFORMED FOR:
LEGAL DESCRI~GION:
Bruton Subdivision. TH #30
SEC. 35, T12N, R3W, SM
November 2, 1981
DAI:E PERFORMED:
1
2
3-
4
5
6
7
8
9
lO
11
12
13
14
15
16
17
18-
19-
20-
PT
GW
Sandy gravel
SLOPE
WAS GROUND WATER
ENCOUNTERED? N0
SM IF YES. AT WHAT
Silty sand DEPTH7
9MM£NTS Performed visual perc
'O
P
E
PERCOLA¥1ON ~ATE Visual perc.
actual oerc est. 2.5 m~n/~n
FT
ENGINEERS-SURVEYORS
7125 Old Seward Highway
Anchorane, 2.1aska ?9592
Bruton Subdivision TH #35
PERFORMED FOR:
SEC. 35, T12N, R3W, SM
..EGAL D E SCRI?'FION:
SOILS L. OG
PERCOIJ~TION
TEST
November 2, 1'981
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
~ )MMENTS
PT
SM
Silty,sandy, gravel
GW
Brown sandy gravel
SLOPE
SITE PLAN
WAS GROUI~D WATER
ENCOUNIERED?
IF Y£S, AT WHAT
G[o~s Net Depth to Net
Reading Dat~ Time 'Time Water Drop
PERCOLATION RATE Visual Perc. ~,~;..t,,/i,~h)
'rEs; ~uN ~.~r~J FT AND FT
Performed visus1 pe~c:, s~milsr soil to TH#,~'s~9, 30, 34
ENGINEERS-SURVEYORS
7125 Old Seward Highway
^nchorane, Alaska 99502
PERFORMED FOR: Bruton Subdivision TH #39
LEGAL DESCRIPTION: SEC. 35, T12N, R3W, SM
[] SOILS LOG
[] PERCOLATION
TEST
DATE PERFORMED: November 3, 1981
1
2
3-
4
5
6
7
8-
9-
lO-
11
12
13
14
17
18
19-
Pl'
SM/ML
Gray, silty clay
with some cobble
Very dense
SLOPE
SITE PLAN
WAS GROUND WATER
ENCOUNTERED? NO
IF YES, Al' WHAT ......
DEPTH?
pERCOLATION RATE ~]0Jl~)~'[~C~ b '1 e (m;~.~,,/i~h)
TEST RU~ [3Elwt~ FT AND FT
:OMMENI'$
[] SOILS LOG
ENG ! NEERS- SURVEYORS
7125 Old Seward Highway
Anchoraoe, Alaska 99502
PERCOLATION
TEST
PERFORMED FOR:_
Bruton Subdivision
TH ~41
DATE PERFORMED: November 6, 1981
LEGAL DESCRIPTION:
1
2
3
4
5
6
7
8
9
SEC. 35, T12N, R3W, SM
PT
SM
Silty sand
GP/SP
Gray sandy gravel
ML
Brownish gray silt
SLOPE SITE PLAN
10
11
12
13-
WAS GROUND WATER
ENCOUNTERED? NO
IF YES. AT WHAT
DEPTH? ........
14-
15-
16
17
18
19
Re~ding
Date
Net
Net
Drop
2O
COMMENTS
PERCOLATION RATE Visual Perc.
TEST RUN ~3111',v~cJ'J .... FT AND ..... FT
Performed visual perc. soils similar to Th #27 and 26
[] SOILS LOG
ENG I NEERS- SURVEYORS
7125 Old Seward Highway
Anchorage, Alaska 99502
[] PERCOLATION
~>ERFORMED FOR: Bruton Subdivision
TH #42
DATE PEF{FORMED: November 6, 1981
LEGAL DESCRIFTION:.
1
2
3
4
5
6
7
9-
lO-
11
13
14
15
1 (i
17
18
19-
20-
SEC. 35, T12N, R3W,
PT
GW
¥ .Brewnish orange
-~- sandy gravel
SM
SLOPE
WASGROUND WATER Yes S
ENCOUNTERED? ~
P
E
IF YES, AT WHA'F 3'
DEPTH?
Reading Dete
PERCOLATION RATE_
SITE PLAN
Time
Depth to
Net
Drop
N o]]~zexLc/~bl e |mlnul,,linch)
TEST RUN 13~'~',k,~P~ FT AND FT
:OMMENTS Nonpercable due to groundwater. However gravel is similar to soil found
in TH#'s 30 & 31
DATE: "/;.¥. _
[] SOILS LOG
ENG I NEERS- SURVEYORS
7125 ~ld Seward Highway
Anchorage, Alaska 99502
[] PERCOLATION
TEST
PERFORMED FOR: Bruton Subdi'vision
TH #43
DATE PERFORMED: November 6, 1981
SEC. 35, T12N, R3W, SM
LEGAL DESCRIPTION:
1 PT
2 ML
Silty sandy clay
3-
4-
5
6 ~- GW/SW
grayish brown-
7 sandy gravel
8
SLOPE
SITE PLAN
10
11
12
13
14
15
16-
17-
18
19
20
WASGROUNDWATER
ENCOUNTERED? Yes
IF YES, AT WHAT
DEPTH? 6~
'O
P
E
Net Depth to Net
PERCOLATION RATE No~ercable
TEST RUN 13~TV~EEp, I ........ FT AND ........ FT
COMMENTS Nonpercable due to groundwater. However (.]ravel is similar to soil found in TH ~29
MUNICIPALITY OF
DEPT. OF HEALTH &
ENVIRONMENTAL PROT EC'i'IOFJ
FEB 8 1989
RECEIVED
BAVARIAN HEIGHTS SUBDIVISION
DRAINAGE PLAN
245
IJ'EI~AIITME~T OF NATUI~AL RESOI~RCES
ANCHORAGE, ALASKA 99510
Phone: (907) 276-2653
BILL SHEFFIELD, GC)V~RNOR
POUCH 7.005
3601 C S?REE T
April 26, 1983
Bridget Enterprises
P.O. Box 589
Eagle River, Alaska 99577
Attn: Rex Turner
Re: Water Right Permits
AOL's 215030, 215031 and 215032
[)ear Mr. Turner:
On April 20, 1983 a letter was mailed to you from this office concerning your
permits to develop a water source for 8ovarian Heights Subdivision. This
letter misinterpreted your water use permits. The ~ermits were issued for
10,500 gallons per day for each well with the right to develop a total
appropriatiom of 31,500 g~J. These permits will stand as they were originally
issued. This does not mean that any water rights have been granted. The
permits allow you to develop your water sources and water use. You are
required by these permits to meter the water used at each well and submit
meter records to the Department before a CertiOcata off Appropriation will be
issued. The certi~cate will be issued in the amount of water used as
recorded by the meter records.
We are sorry for the misunderstanding and hope. it has not inconvenienced you
to much.
If we can be of any assistance, please contact our office.
Sincerely,
Oistrict Manager
cc: John Lynn, City of Anchorage, HealLh Department
~illiam C. Hagmaier, S & S Engineer, Inc.
258
~,/a. Resolving utility easements
~,,'b. Obtaining a wetlands permit from the Corps of
Engineers, if required.
Providing a soils report from a registered
~ls indicating which lots may require engineered
undations an appropriate note on the plat.
Resolving drainage and drainage easements with
?ublic Works Engi
Reeolving the need for footing drains, and
footing drain stubouts with Public Works Engineering.
Providing a soils, sedimentation, and erosion
plan prior to plat recording. This condition may be
uired by the below referenced subdivision agreement 9n lieu of
eing a condition that must be satisfied prior to plat approval.
V~L~ ~ g~ Removing the we from the right-of-way or
moving the right-of-way outside the well location.
Resolving the need for any temporary
rnarounds with Public Works Engineering.
Resolving the location of the intersection of
orthfield Drive and Pickett Street with Public Works
~/j. Entering into a subdivision agreement for:
(1) Creation of Appellant~s Community Water
26 (~ (2) gubdivision agreement to construct ali
interior standards.
(3) Nor thfield Drive to suburban access
tandards from the subdivision to Rabbit Creek Road (strip
aving only);
6. Tbe specific conditions under which a preliminary
)lat shall issue and which shall be successfully completed for
hase II are as follows:
a. Completion of conditions a through j,
~nclusive as set forth in Paragraph 5 above.
system and
Installing the under
3
/
/
drain
~/a. Resolving utility easements Oil ~>~f
b/-b. Obtaining a wetlands permit from the Corps of
~ngineers, if required. ~-~ "/-f~ gl-
Providing a soils report from a registered
undations,
indicating ~which lots may require engineered
,lacing an appropriate note on the plat.
lesolving drainage and drainage easements with
,lic Works Engi ering.
Resolving the need for footing drains, and
footing drain etuboute with Public Works Engineering.
Providing a soils, sedimentation, and erosion
trol plan prior to plat recording. This condition may be
uired by the below referenced subdivision agreement ~n lieu of
~eing e condition that ,lust be satisfied prior to plat epproval.
~%~9¢ g~ Removing the well from the right-of-waY or,~
noving the right-of-way Outside the well location.
Resolving the need for any temporary
urnarounds with Public Works Engineering.
Resolving the location of the intersection of
orthfield Drive and pickett Street with public Works
~,/j. Entering into 8 subdivision agreement for:
(1) Creation of Appellant's Community Water
~ ~ (2) Subdivision agreement to construct all
P~o~b~ 1-o
(3) Northfield Drive to suburban access
~ tandards from the subdivision to Rabbit Creek Road (strip
eying only)~
6. The specific conditions under which a preliminary
~lat shall issue and which shall be successfully completed for
~ase II are as follows:
a. Completion of conditions a through j,
nclusive as set forth ill Paragraph 5 above.
Installing the under
3
drain system
Datum Engineering CERTIFICATE TO PLAT
4500 Business Park Blvd. Order No. 86N151Uodate
gncho~F~,~
'~' ~ ~' 'I$ Date: Februarv 25, 1987
This ~.~Ftificate to P~ ~2~To~eb~ 2~ 1987 at 8:NN a.m. Eot the
proposed plat of the followf~'~crlbed DroDertv:
PARCEL NO. 1:
The Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4~ the North 1/2 of
the Southeast 1/4 of the Northwest 1/4: and the Southeast 1/4 of the Southeast
1/4 of the Northwest 1/4 of Section 35, Township 12 North, Range 3 ~4est, Seward
Meridian, filed in the Anchorage Recording District, Third Judicial District,
State of Alaska.
PARCEL NO. 2:
The Southwest 1/4 of the Northeast i/4 of the Northwest 1/4, Section 35,
Township 12 North, Range 3 West, Seward Meridian, filed in the Anchorage
Recording District, Third Judicial District, State of Alaska.
The title of said property was vested in:
--- TURNER CONSTRUCTION CO,, INC, OF ALASKA and REXFORD L. TURNER, whose
resoective interests therein have not been established of record, an estate
in fee simple ....
SUBJECT TO:
1. Reservations and exceptions as contained in United States Patent, and/or in
acts authorizing the issuance thereof.
2. Taxes and/or Assessments, due the ~NICIPALITY OF ANCHORAGE.
3. Taxes due the ~JNICIPALITY OF ANCHNRAGE, for the year 1~87, a lien, but levy
therefore has not been made.
therein
Granted To
For
Recorded
Book
Affects
includin~ terms and provisions thereof, for the ouroose set out
CHUGACH ELECTRIC ASSOCIATINN, INC,
Electric lines or system and/or telephone lines
together with the right to enter, maintain, repair
and clear shrubbery
January 20, 1952
84 Pa~e ~ 294
general Easement - no definite location Hisclosed
333 q~ 9:ourt~ .~w.. Suit~ ~to 48o '~. 3'udor .Road
~nchorage, ~f% 99s0~ (907) s62-:06~ ./l'ncborage, .,4'X 9950~ (907) 56~-2061
PAGE ~40 LAWYF~' ITLE INSUP~NCE AGENCY, INC. ORDER NO, 860151
7e
Reservation of a 20 foot strip around the perimeter for road and other eublic
uses, as contained in deed recorded June 1, 1957 in Book 147 at Pa~e 117.
Affects Parcel No. 2
Reservation of a 30 foot ri~ht-of-way on the East and the most Southerly
boundaries and a 20 foot right-of-way around the balance of the perimeter of
said tract of land for highway and other public purposes, as contained in deed
recorded May 17, 1961 in Book 222 at: Page 120,
Affects Parcel No. 1
Deed of Trust, including terms and provisions thereof, securing the amount shown
together with any othe~ amounts due thereunder
Trustor TURNER CONSTRUCTION COMPANY, INC, OF ALASKA, an
Alaskan Corporation and REXFORD L, TURNER, an
individual, as their interest may appear
Trustee VALLEY TITLE AND ESCROW COMPANY.
Beneficiary UNITED BANK ALASKA
Amount $5,000,000.00
Dated September 12, 1986
Recorded September 12, '1986
Book : 1491 " Page : 97
Affects this and other property,
This CERTIFICATE TO PLAT is restricted to the use of the addressee, for the
purposes requested and is not to be used as a basis for closing any transaction
affecting said property. Liability of the company is limited to the
co~npensation received therefore.
CJC:de FAN (234A)
CRY~TAL J, CHARLTON, TITLE OFFICER
NOTE: Thank you for your order. If we may be of any further assistance please
call ns at 562-2061.
P.O. BOX 196650
ANCHORAGE, ALASKA 99519-6650
(907) 264-4111
TONY KNOWLES.
IdA YOR
DEPARTMENT OF HEALTH & HUMAN SERVICES
March 17, 1986
Mr. Ed Mc Millan, President
Datum Engineering and Surveying, Inc.
4500 Busiaess Park Boulevard
Datum Building "B"
Anchorage, Alaska 99503
Subjectfi~~avarian Heights Subdivision
this wi~inue correspondance on the captioned subdivision ending
with your letter dated March 3, 1986 requesting our consideration of a
community wastewater collection and disposal system in lieu of individual
on-site septic systems. On Friday, February 28,1986, we met in my office
and discussed this proposal in considerable detail. I find it to be
surprising and ironic that (1) I suggested that consideration be given to
a community wastewater disposal system in 1983 and (2) after so much time,
effort and money has been spent in appealing the Platting Board's disapproval,
you are now proposing an alternative that would probably have ~recluded the
disapproval in the first place.
Notwithstanding the above, I have reviewed your tentative proposal and have
discussed it with a number of different persons and agencies, and submit to
you the following comments:
1. I have no specific objections to the concept of a community wastewater
gathering and disposal system serving the 13 questioned lots.
2. Referring to Exhibit A to your above referenced letter, the tentative
location of the colnmunity disposal site does not appear to provide
adequate separation between the alternate areas, and does not appear to
have the required 100 foot separation from the existing surface drainage area.
3. The Alaska Department of Environmental Conservation(ADEC) has the final
and ultimate authority for the issuance of permits to construct and to operate
a community wastewater disposal system. In discussing your proposal with
Bruce Erickson(ADEC), he indicated a serious concern with having the entire
subdivision(all 40 lots) served by a community system. Mr. Erickson also
indicated that before he would furnish his opinion on your proposal, he
would have to review your design criteria.
Mr. Ed Mc Millan, President
Datum Engineering and Surveying, Inc.
March 17, 1986
Page Two
Prior to the Munieipality of Anchorage or ADEC reaching any preliminary
decision on your proposal, an amended jedgement or letter of non-objection
should be obtained from Judge J. Justin Ripley agreeing with your proposed
alternate to his judgement.
5o
The major concerns of this department, with your proposal are two fold,
namely (a) who will hava the final authority, responsibility and liability
of the operation, maintenance, and repair of the system and (b) will the some-
what limited area proposed for the wastewater disposal site adequately
hasdle the estimated 6,825 gallons of wastewater per day(13x3.5xl50) without
adversely effecting the integrity and level of the existing shallow ground-
water table.
It would appear that if you intend to further pursue the community wastewater
system concept, you should first address the above items.
Sincerely,
Robert W. Robins~
Environmental Engineer
RWR/ijw
cc:
Jerry Weaver, Community Planning Department
Bruce Erickson, State of Alaska, D.E.C.
Judge J. Justin Ripley
.~ Daturn Enalneerlng_
& Sur~e'-y|ng, Inc.
(907) 563-3~ 42
4500 Business Park Blvd.
Datum Building "B"
Anchorage, Alaska 9950,3
March
1986
Jerry Weaver
Platting Officer
Municipality of Anchorage
P.O. Box 6-650
Anchorage, AK 99502
Re: Bavarian Heights, Case S6875
Dear Jerry:
We reviewed the concept of providing a community leach field and sewer system
for the Bavarian Heights Development with Robby Robinson. His reaction was very
favorable and I have gone ahead and written him a letter asking for a written
response to confirm our conversations. A copy of that letter is attached.
It is critical, if we do proceed with this concept, that we can eliminate the
underdratn system and eliminate the necessity of a 24 month monitoring period on
the ground water. Both of these conditions of approval were placed upon the
development because of the concerns to adequate functioning of the onsite sewer
systems. By eliminating the individual leach field we have effectively removed
any concern that the high ground water table might have on sewage disposal.
It is my understanding that you have talked with the city attorney and have
reviewed the concept yourself and find no problom, provided it is concurred with
by the Department of Environmental Health.
Based on our conversation with Robby, we are proceeding towards that goal.
Please advise me if my assumptions aren't correct. I would anticipate receiving
approval from Robby and developing the final design and obtaining its'
approval. Then I would obtain sign off of the conditions of approval effecting
the sewer system to obtain final recording of the plat.
Ve~ly yours, .
D~'U~4'E~GI~E~ING ~SU~J/~TING, IN~]
Ed McMillan, P.E.
President
EM/jg
cc Rex Turner
w®ylng, Inc.
(907) ~63-3t 42
4~00 Bumlneu Park Blvd.
Datum Bullcllng "B"
Anchorage, Alaska 99503
Hatch 3, 1986
Robert W. Robtnson
Division of Environmental ltealth
P.O. Box lg6650
Anchorage, AK 99519-6650
Re: Bavarian Heights Development, Case S6875
Dear Robbi:
As we discussed last Friday, we have developed an alternative to the on-site
sewer syst(~s in conjunction with the underdrain system° We believe this will
be more econemical to construct and more reliable to operate.
We are proposing that the on-site leach fields on the 13 questionable lots and
possibly all 40 lots be eliminated. The septic tanks would remain on each
individual lot, however, a standard collection syst¢~ meeting Municipality and
DEC recluirements would be constructed and drained by gravity to a co~reunity
leach field. The leacll field would be constructed on property now owned by Gene
Brooks. It is Mr. 'Furners intent, however, to purchase the property and
transfer it to the homeowners association. The soils data that we have and our'
discussions with adjacent land owner, Mr. Gene Brooks, indicates that there is a
good chance that we can come to an agreement and construct the syste~. This
would eliminate the necessity of an underdrain and eliminate any need to del~
platting and marketing of the 13 questionable lots. I have enclosed 2 layouts,
one for serving just the 13 lots, but also, another layout for serving all 40
lots and incorporating the 10 lots in Mr. Gene Brooks property. Our client has
had some preliminary discussions with the adjacent landowner, however, until we
know that the concept is acceptable we are hesitant to continue negotiations
with him.
I have discussed this concept for the 13 lots with Mr. Jerry Weaver and
requested that if )e did develop the project in this fashion that the underdrain
system can be eliminated and the waiting period for the 13 lots could be
waived. ~. Weaver has advised me that he has no problem with waiving these
conditions of approval provided the new design concept is, infect, a better one
and if your department does concur and provided it et)ets DHHS and DEC
requirements.
Robby Robtnson
March 3, 1986
Page 2
From your last discussion it appears the concept is a good one, We would like a
letter in that regard so that we can proceed with additional soils testing and
final design, and then seek final approval from your deparment. We are
proceeding now with other phases of the project and anticipate construction this
surmner.
Very truly yours,
£~ER~VEYING, INC.
F.d McMillan, P.E.
President
EM/Jg
cc Rex Turner
Jerry Weaver~'y
PACE 0 9 8 7
PROTECTIVE COVENANTS, CONDITIONS, A~D RESTRICTIONS
FOR THE EQUESTRIAN HEIGHTS SUBDIVISION
PART A. PREAMBLE:
KNWON ALL MEN BY THESE PRESENTS, that whereas the undersigned
are the sole owners Df properties comprising the Equestrian Heights
Subdivision, and
WHEREAS, the undersigned desire to assure the continued deve-
lopment of the Equestrian Heights Subdivision on a high level for the
benefit of the future property owners and, for protection of property
values therein, do desire to place on and against certain real pro-
perty within the Equestrian Heights Subdivision certain protective
covenants regarding the improvements ~and/~r us, e ~f :the :s~a~e;
NOW, THEREFORE, the undersigned do hereby establish and re-
cord the following declarations, reservations, protective covenants,
regarding the
lzmztatzons, condztzons, restrictions, and provisions
use and/or improvements .of ~he.,prope~y loca~ed'.in:
PAHSE ONE (1) OF THE EQUESTRIAN
HEIGHTS SUBDIVISION, Anchorage
Recording District, State of Alaska
filed as Plat No. _ ~r/-~r-
PART B. AREA OF APPLICATION
B-1. FULLY PROTECTED RESIDENTIAL AREA. The covenants in
Part C in their entirety shall apply to all lots in the Equestrian
Heights Subdivision as specifically identified below. "Lots" shall
mean and refer to any of the numbered plots of land shown upon any
recorded plat or subdivision map of Phase One (1) of the Equestrian
Heights Subdivision and identified as follows:
Lots One (1) through Nine (09), Block I ~0
Lots Six (6) through Fifteen (18), Block II
Lots Nine (9) through Twelve (13), Block III ~
These covenants shall not apply to any lots developed as a result of
a subsequent phase development of the Equestrian Heights Subdivision
unless specifically provided for in writing by the undersigned or its
assignees. Nothing contained in this document of protective coven-
ants, conditions, and restrictions shall in any manner apply to any
future tracts or phases of development of the Equestrian Heights Sub-
division as may be
developed, said covenants, conditions and restrictions applying
solely to those specifically identified herein. Nothing con-
rained herein shall in any manner empower~any owner or owners of
the enumerated lots to in any manner determine the uses or pur-
pose which the undersigned herein may decide upon for the future
tracts or phases. Furthermore, nothing contained herein shall
constitute authority for any homeowners' association or property
owners of enumerated lots to exercise any right granted by statue
or ordinance which has the effect of limiting the commercial or
other uses to which the future tracts or phases may be utilized
by the undersigned.
These covenants shall not apply to tract F, which is to be
used as the site of the wellhouse:~r.~he~comrm~nilt:y~ ~a~r~is~s~em'
When its use as a wellhouse cerise, these covenants may be applicable
to tract F if so provided in writing by the undersigned or its as-.
signee. This tract F shall not be conveyed to the Equestrian }{eights
Home Owners Association. Nothing contained in these covenants shall
prevent the undersigned from selling the co~unity water system, in-
cluding tract F, to any entity desiring to purchase the system and
tract F. Nothing contained herein shall prevent use of tract F for
any other purpose unless said purpose is inconsistant with its use
as a co~nunity water system. At such time as tract F ceases to be
used as a well site for a community water system the undersigned may
use tract F in any manner not inconsistent with then prevailing State
or Municipal law. Ownership of tract F shall be retained by Rexford
L. Turner and Turner Construction Co. of Alaska, Inc.
B.-2. SPECIAL EXCEPTION TO THE PROTECTIVE COVENANTS,
CONDITIONS AND RESTRICTIONS. Nothing contained in this document
shall prevent the undersigned or their designees from maintaining
sales offices on a lot or lots in Equestriar~ Heights Subdivision
for the purpose of conducting sales or resales of lots and/or re-
sidential units in the Equestrian Heights S~division. The under-
signed or its designee shall have an unequalified right to main-
tain such office or offices until such time as all lots in the
Equestrian Heights Subdivision are sold.
B--3. SPECIAL REQUIREMENTS, No on-site water wells shall
be used on the lots the subject of these protective covenants,
conditions and restrictions. Water for all lots and the mainten-
ance~ of the water distribution syste~n shall, be provided solely by
a privately owned water utility. Lot owners will be charged for
water usage in accordance with a tariff approved by the Alaska
Public Utilities Comm:[ssion.
B-4. SPECIAL CONDITIONS FOR TRACTS A AND B.
Tracts A and B are hereby declared to be utilized only as an open
space reserve. Said tracts A and B shall be conveyed to the
Equestrian Heights Home Owners Association at such time as the As~
sociation is activated pursuant to Part D., paragraph 1,'. but :i~
no event later than July 1, 1990. Conveyance shall be by recorded
deed vesting title in the Association. Tracts A and B shall be
utilized as open space or any permitted use for the benefit of the
lot owners. Nothing contained herein shall prevent use of tracts
benefit of the lot: owners, which use in consistant with their use
as buffer space. So long as the natural state of the tracts is
generally maintained, these tracts may be used for parl or re-
creation areas or service areas for the benefit of the lot owners.
The Equestrian Heights Home O~zers Association shall determine the
appropriate, uses for tracts A ~d B. That Association shall be
solely responsible for obtaining any insurance required to protect:
the lot owners and the Association for any liability as a result of
use of these tracts. The Equestrian Heights Home Owners Association
shall be solely and exclusively liable for any and all uses of tracts
A and B.
Nothwithstanding any language contained in this paragraph
B-4, the undersigned shall be entitled to use either tract A or B or
any part thereof as an additional well site reserve in the event
tract F is unsuitable for a wellhouse or well site. Such reservation
for use shall be inculded in the conveyance of said tracts of the
Equestrian Heights Home Owners Association. No charge shall be made
to the undersigned or its designee for use of any portion of tract A
or B used for a community water system. Nothing in these covenants
shall restrict access or use of any or all of tracts A and B for such
a community waters system. Ownership of ~racts A and B shall remain
with the Equestrian Heights Home Owners Association with a right in
the undersigned to constrict: and maintain a con.unity water system
pursuant to license, easement or any other reservation with no cost
or charge to the undersigned oz' its designee.
B.-5, EFFECTIVE DATE. The protective covenants, liminations,
and conditions hereinafter set forth and applicable to the residen-
tial area hereinabove described or any ~nen~ents thereto shall take
effect at such time as this or any amending instrument is recorded.
Any lawful but nonconforming use of any lot existing as of the date
hereof shall be permitted to continue, provided that after such time
as such use ceases, no such nonconfom~ing use shall be permitted
thereafter to be reinstituted; and, further provided, that any amend-
ment of these Protective Covenants, Conditions and Restrictions made
pursuant to the authority contained herein and which has the effect
of terminating such nonconforming use shall terminate such noncon-
forming use upon recordation of the amending instrument and notice
to the property owmer of his or her conconforming use and requirement
of termination of such use.
PART C. P. ESIDENTIAL AREA .COVENANTS.
C--1. SINGLE FAMILY RESIENTIAL PURPOSES. No lot shall be used
except for residential purposes. No building shall be erected, placed,
altered or permitted to remain on any lot: other than one detached
single famil dwelling with a private garage. Temporary or surplus
buildings may be placed on any lot for ~zy purpose. No building may
be placed on any lot to be used as
a utility shed unless its appearance is equal to the home's
standard, utilizing proper foundation and siding. No building or
structure may be used for a business purpose of any kind.
C-2. MOBILE HOMES. No mobile homes or travel trailers
shall be utilized for residential purposes within the subdivision.
Travel trailers, motor homes, boats, s~ow-machines and othsr
similar recreational vehicles may, however, be stored while not in
actual recreational usage upon the property belonging to any person
or persons who now own or who may subsequently acquire property in
the subdivision, but only so long as such on-site storeage is with-
in an enclosed or fenced-in area so that said vehicles or equipment
are not visible from the street. It is the intent of these
restrictions that no recreational vehicles or equipment may be seen
from any street during such time as such equipment is not actually
being used and that a fence or similar screening structure is used
to accomplish this purpose. Fencing required by this paragraph C-2
shall be completely installed by no later than sixty (60) days
following the closing for purchase of any lot or parcel within the
Equestrian Heights Subdivision. If such closing occurs within the
time between November and April of any years, the sixty day period
shall co,hence running from April 15th. If none of the aforementioned
vehicles or equipment is owned by the lot purchaser at the time of
closing, the required fencing shall be completely installed within
sixty (60) days from the date of acquisition of the vehicle or
equipment.
Notwithstanding any language contained in the preceding
paragraph, no three-wheelers, four-wheelers or similar recreational
vehicles may be operated in the Equestrian Heights Subdivision for
any purpose, including ingress and egress to and from the said
subdivision.
C-3. SEWAGE. No individual sewage disposal system shall
be permitted on any lot, unless such system is located, constructed,
and equipped in accordance with the requirements, standards and
recommendations of the State of Alaska, Department of Enw[ronmental
Conservation which governs those systems. This also includes
special septic restrictions within protective well radii.
C-4. DWELLING COSTS, QUALITY AND SIZE. No single family
dwelling shall be permitted on any lot which has an appraised
value of less than $90,000.00, based upon 1987 costs, exclusive
of the lot. The minimum gross area of any dwelling in square
feet exclusive of open porches and garages shall be as follows:
building:
finished;
(a) if the dwelling is a single level, one-story
1150 square feet, all of whlch must be completely
(b) if the dwelling is a full two-story building:
1300 square feet must be completely finished of which 750 square
feet must be on the ground floor; and,
building:
finished.
(c) if the dwelling is a split entry or tri-level
912 square feet, all of which must be completely
PAgE 0 9 9 I
Construction of all houses shall be at least equal to
the present FHA minimum buildJ, ng standards. The minim~n cost
figure is based upon cost levels obtaining on the date these
covenants are recorded, it being the intention and purpose of the
covenants to assure that all dwellings shall be of a quality of
workmanship and materials substantially the same or better than
that which can be produced on the date these covenants are
recorded at the minimum cost stated herein. Each dwelling shall
have at least a two car garage with a full width driveway that is
paved from the garage entrance to the street. There shall also
be installed by the owner, his agent or builder a culvert under
each driveway at the ditch line, which culvert is a minimum of
18" in diameter.
C-50 CONSTRUCTION COMPLETION REQUIREMENT. Ail main
dwellings must have a finished exterior within six (6) months
from the start of construction and be fully completed within one
(1) year from the start of construction. All out buildings must
be completed in six (6) months from the start of construction°
C-6. BUILDING LOCATION. No building or portion of any
building shall be located on any lot nearer to the front lot line
than thirty (30) feet nor nearer to the side street line than
twenty-five (25) feet. No building shall be located nearer than
twenty (20) feet to an interior lot side line. No building or
other structure shall be located nearer than twenty-five (25)
feet to any rear lot line.
C-7. FENCES. No fence of any kind may be installed in
violation of any State statute or ordinance of a political
subdivision as presently enacted or as may be hereafter enacted
or amended. Additionally, no fence of any kind may be installed
without the express approval, in writing, of the Architectural
Control Committee as set forth in Part D herein.
C-8. EASEMENTS. Easements for installation and
maintenance of utilities and drainage facilities are reserved as
shown on the recorded plat or as indicated by the public records
for the recording district where the property is located. Within
these easements, no structure, planting or other material shall
be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which may
change the direction of the flow of drainage channels in the
easements, or which may obstruct or retard the flow of water
through drainage channels in the easements° The easement area of
each lot and all improvements in it shall be maintained
continuously by the owner of the lot, except for those
improvements for which a p~blic authority or utility company is
responsible.
C-9. SIGNS. No sign of any kind shall be displayed to the
public view on any lot except one professional sign of not more
than one square foot, one sign o f not more than five (5) square
feet advertising the property for sale or rent, or sings used by
the builder to advertise property during construction and sales-
period, without the express approval, in writing , of the
Architectural Control Committee as set forth in Part D Herein.
C-10. NUISANCES. No noxious or offensive activity shall
be carried on upon any lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the
neighborhood. No trade or business of an offensive nature shall
be permitted upon any residential lot.
C-ii. OIL AND MINING OPERATIONS. No oil drilling, oil
development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon er in any lot, nor
shall oil wells, tanks, tunnels, mineral excavations, or shafts
be permitted upon or in any lot. No derrick or other structure
designed for use in boring for oil or natural gas shall be
erected, maintained, or permitted upon any lot.
C-12o LIVESTOCK. No animals or livestaock of any kind shall
be raised, bred, or kept on any lot, except that: dogs, cats, or
other normal household pets may be kept, provided that they are not
kept, bred, or maintained for any commercial purpose, including
but not limited to use for sporting purposes such as dog sled
competition. All dogs shall be restrained, as necessary, to
prevent their becoming nuisances.
C-13. GARBAGE DISPOSAL. No trash cans, garbage cans, trash
barrels, boxes, or other refuse containers shall be placed or main-
tained on or along the side or end of any lot fronting upon, or
adjacent to, a street, with the exception that patrons of a garbage
pickup service may place such containers bearing trash or garbage
for pickup upon the end or side of the lot fronting upon the street
on which the garbage is picked up on the day designated by
ordinance, resolution, or contract for the pickup of garbage at such
lot. No burning of trash, garbage, refuse, or other waste shall be
permitted upon the street front and/or side of any lot at any time,
and such burning on the rear of lots shall be permitted only in
accordance with the appropriate health and safety laws or
ordinances of the political subdivision in which the lot is located.
No lot shall be used or maintained as a d%~ping ground for rubbish.
Trash, garbage, or other waste shall net be kept except in a
sanitary condition.
C-14. INOPERABLE VEHICLES. No 'inoperable vehicle shall be
parked or maintained upon any lot or within any street, alley, or
easement adjacent to any lot in the aforedescribed subdivision. A
vehicle temporarily inoperative and held for repair by the owner or
under the owner's direction for a period not to exceed thirty (30)
days (subject to the availability of parts) shall not be considered
a w[olation of this provision. A vehicle which is otherwise operable
but is not used or moved for a period of more than forty-five (45)
days shall be considered an inoperable vehicle for the purposes of
this provision.
C-15. SNOWMOBILES. Snowmobiles shall not be operated on
the streets or utility easements of this subdivision except for
ingress or egress to the nearest open space or to the nearest areas
not disapproved for snowmobile operation. No snowmobile operations
shall be conducted between the hours of 10:00 o'clock p.m. and 7:00
o'clock a.m. No snowmobile shall be operated when such operation
800KI 5 7 t P E' 0 99 3
constitutes a violation of state statutes or the ordinances of the
political subdivision where the lot is located.
C-16. MAIL AND NEWSPAPER DEPOSITORIES. Subject to the re-
quirements for mail depositories installed by the U.S. Post Office,
the design, material and finish of any mail or newspaper depository
to be erected upon a lot governed by these protective covenants,
conditions and restrictions shall first by subject to written
approval by the Architectural Control Co~nittee. The co~nittee
reserves the absolute right to remove any mail or newspaper
depository not so approved in advance of its installation or
later discovered to be unacceptable by the Committee.
C-17. OFF-STREET PARKING REQUIRED. In addition to the
garage requirements set forth in Section C-4 herein, at the time a
permanent dwelling is built, adequate off-street parking for at least
two automobiles shall be provided for each lot. The total parking
requirement will include both a double car garage and additional
off-street parking space for two additional automobiles.
C-18. EXTERNAL ANTENNA RESTRICTIONS. No television antenna,
disk or any other type of television or radio antenna or electronic
device which has as its purpose the sending or receiving of signals
from or to any external source of any kind shall be located on any
lot or upon any part of any structure situa~e~ on any lot subject
to these protective covenants, conditions and restrictions. An
antenna variance may be granted if it is assured that the proposed
device will be aesthetically compatible with the subdivision.
C-19. REMOVAL OF VEGETATION AND LANDSCAPING REQUIREMENTS.
It is the intent of the undersigned to prohibit the clearing of
lots by an owner, his agent or builder except as is absolutely
necessary to allow for construction of allowed improvements on the
lots subject to these protective covenants, conditions and restrict-
ions. Specifically, no lot owner, his agent or builder shall be
permitted to clear a lot on which standing trees of size and
beauty exist (according to the standards for trees of size and
beauty in Anchorage, Alaska) without the specific written author-
ization of the Architectural Control Committee, obtained in advance
of any clearing. The Conm~ittee will generally allow that space may
be cleared to provide for construction and trees may be thinned so
long as maximum natural beauty and aesthetic value of the trees is
retained. Upon completion of any improvements upon the lots
subject to these protective covenants, conditions and restrictions,
but not later than one year after occupancy of the residential
dwelling, the landscaping of all disturbed areas (those areas where
vegetation has been removed to accomplJ, sh the construction of
structures) shall be implemented and completed, unless the
Architectural Control Committee agrees in writing to extend the
time in which completion may be affected. Ail landscaping plans
shall be submitted to the Architectural Control Committee, in
advance of any landscaping, for approval, in writing. The standard
to be utilized hy the Committee will be to have the disturbed
areas returned to their natural state or landscaped in a fashion
compatible with the natural state of the subdiw[sion. All lots
shall have final grading provided by the lot owner, his builder or
agent within ten (10) days of occupancy of the residential dwelling
unless this period of time is extended by the Architectural Control
Con~ittee in its sole discretion.
C-20. TERM. These covenants are to run with the land and
shall be binding on all parties and all persons claiming under them
for a period of thirty-five (35) years from the date these covenants
are recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years unless an
instrument signed by the owners of a majority of the lots has been
recorded agreeing to change said covenants in whole or in part. The
owners of a majority of the lots in the subdivision can make additions,
deletions or amendments to these covenants as provided in the
Bylaws of the Equestrian Heights Homeowners' Association, Inc., after
the expiration of the initia2L thirty-five (35) year period. However,
nothing contained herein sha:L1 be construed to allow the owners of a
majority of the lots in the subdivision to amend these covenants so
that the Homeowners' Association shall be re:Lieved of the perpetual
obligation of providing street lighting or so that private water
utility shall be relieved of its obligation to provide water and
maintain 'the water distribution system for the Equestrian Heights
Subdivision. In the event a political subdivision of the State of
Alaska enters into an agreement with the Homeowners' Association
and/or the private water utility whereby it will assume responsibility
for lighting and the provision of water and maintenance of the
water distribution system, the Homeowners' Association and the
private water utility shall be relieved of the responsibility of
performing their respective obligations.
C-21. ENFORCEMENT. Enforcement of these covenants,
conditions and restrictions shall be by proceedings at law or in
equity against any person or persons violating or attempting to
violate any such provisions, either to restrain a violation thereof
or to recover damages for a violation thereof. Suit to enforce
these provisions may be brought by the Equestrian Heights Home-
owners' Association, Inc., the undersigned, or by any ind:Lvidual
or individuals aggrieved by a violation of these provisions.
C-22. SEVERABILITY. Invalidation of any one of these
covenants by judgment or court order shall in no way affect any of
the other provisions which shall remain in full force and effect.
PART D HOMEOWNERS' ASSOCIATION
D-1. MANDATORY MEMBERSHIP. A Homeowners' Association is
hereby established to provide for the operation and maintenance of
the subdivision, as is appropriate. Said Association shall be
responsible for providing such services as are otherwise not
available through the State, a political subdivision or by private
contractual arrangement or such services as are authorized by the
Association. Such services may include, but are not limited to the
following: snow removal; street improvement or repair; street light
maintenance; enforcement of conditions, covenants and restrictions
applicable to the Equestrian Heights Subdivision; subdivision
improvements; enforcement of safety conditions as may be authorized
by the Association; and any other services so authorized by the
Association. Every purchaser, his heirs, assigns, and successors in
the ownership of lots in this subdivision agrees as a condition of
purchase that he is automatically a member of the Homeowners'
Association° All lot owners shall abide by the policies now set
and as later amended by a majority decision of the membership of the
Association. They will support such policies and will. pay such
assessments as may from time to time be levied. The Homeowners'
Association shall be operated by the undersigned until such time as
the undersigned chooses to relinquish control to the membership, or
July 1st, 1990, whichever first occurs, at which time the Association
shall be activated and there will be an election of directors and
officers, and dues will be established and levied as determined by
the Board of Directors. Activation of the Association shall be
accomplished by the undersigned's selection of an initial three
member Board of Directors. Selection of the initial Board of
Directors shall be at the sole discretion of the undersigned or its
assignee; however, every effort will be made to select only lot
owners willing to serve in this capacity. In the event the under-
signed or its assignees are unable to select a person or persons
willing to serve on the Board of Directors, it may select any lot
owner to serve until such time as the next annual meeting of the
lot owners for the purpose of selecting a new Board of Directors
pursuant to 'the By-Laws of the Homeowners' Association or until such
time as a voluntary replacement for the selected person or persons
is located by the incumbent Board member or members. In any event,
selection of a lot owner to serve on the initial Board of Directors
shall be mandatory and every purchaser, his heirs, assigns, and
successors in the ownership of lots in this subdivision agrees
as a condition of purchase that he or she will so serve if selected
by the undersigned or its assignee.
D-2. VOTING RIGHTS. The Association shall have one class
of voting rights. Each lot owner, whether such owner is an entity,
person, or more than one person, shall be entitled to one vote and
only one vote for each lot owned, regardless of the number of
individuals or entitles jointly owning each lot. Where more than
one person or entity holds ail interest in any lot, such persons or
entitles shall decide among themselves how the vote for such lots
shall be exercised and by whom. Eligible votes may be cast on all
matters that may come before a meeting of the Association.
D-3. CREATION OF LIEN AND PERSONAL OBLIGATION FOR ASSESSMENTS.
Lot owners for each lot owned within the subdivision hereby covenant,
and each owner of any lot by acceptance of a deed therefor, whether
or not it shall be so expressed in such deed, is deemed to covenant
and agree to pay the Association: (1) Annual assessments or charges,
and (2) Special assessments for capital improvements, such assessments
to be established and collected as hereinafter provided.
D-13. APPLICABILITY OF SECTIONS D-1 THROUGH D-12. The
provisions contained in these sections shall be applicable to only
those lots specifically described in Section B-1 herein. The
undersigned do not intend that the Homeowners' Association created
herein shall have any applicability to future tracts, phases or
lots developed later as a new addition or part of the Equestrian
Heights Subdivision. At the option of the undersigned, any or all
of the provisions contained herein may become applicable in whole
or in part to any new additions to the Equestrian Heights
Subdivision.
PART E. ARCHITECTURAL CONTROL COMMITTEE.
E-1. MEMBERSHIP. The Architectural Control Committee is
composed of the following named individuals:
(a) Jimmy D, Jet%, P. O. Box 210308, Anchorage,
Alaska 99521-0308
(b) Rexford L. Turner, P. O. Box 3489, Palmer,
Alaska 99645-3489
(c) Ingeborg M. Turner, P. O. Box 3489, Palmer,
Alaska 99645-3489
A majority of the committee may designate a representative to act for
it. In the event of the death, incapacity, or resignation of any
member of the committee, the remaining members shall have full
authority to designate a successor. Neither the members of the
committee, nor its designated representative shall be entitled to any
compensation for services performed pursuant to this covenant:. At
any time, after all lots in this subdivision have been sold by the
undersigned, the then record owners of a majority of the lots shall
have the power pursuant to a written, recorded instrument to change
the membership of the committee or to withdraw from the committee or
to restore to it any of its powers and duties. Such powers,
exercised by a majority of the then record owners of a majority of the
lots, shall not include the power to amend, alter or change any of the
protective covenants, conditions or restrictions as set forth herein
except as is specifically provided for in this instrument.
E-2. AUTHORITY OF THE ARCHITECTURAL COMMITTEE. No building
shall be erected, placed or altered on any lot until the construction
plans and specifications and a plot plan showing the location of the
structure have been approved by the Architectural Control Committee
as to quality of workmanship and materials, harmony of external
design with existing structures, and as to location with respect to
topography and finish grade elevation. No fence or wall shall be
erected, placed or altered on any lot unless similarly approved and
as provided for in Paragraph C-7.
The Architectural Control Committee shall have the authority to
relax any of the protective covenants, conditions and restrictions
in the event it becomes necessary to do so in order for the lot to
be built upon in a co~nercially reasonable fashion. Relaxation of
the protective covenants, conditions and restrictions should be
allowed only when it is clear to the Committee that because of
unforeseen circumstances, not contemplated at the time this
instrument was drafted, it will be commercially unreasonable to
require strict compliance with these protective covenants, con-
ditions and restrictions. In all cases the Co~nittee should make
every effort to comply with the spirit if not the letter of these
protective covenants, conditions and restrictions when allowing
relaxation of these provisions. The burden of demonstrating the
con~ercial unreasonableness of any protective covenant, condition
or restriction shall be on the then owner of the lot who desires
a relaxation of the provisions for the purpose of building upon
said lot.
E-3. PROCEDURE. The committee's approval or disapproval
as required in these covenants shall be in writing. In the event
the committee or its designated representative, fails to approve
any plans or construction specifications submitted to it within
thirty (30) days of such submission, said plans and specifications
shall be deemed approved and in full compliance with the
provisions contained herein; Provided, however, that nothing
contained in this paragraph shall authorize a lot owner to
violate or disregard any condition, covenant or restriction
contained herein without the written authorization of the
Architectural Control Committee to alter, amend or modify said
covenant, condition or restriction. Any request for alteration,
amendment or modification of a protective covenant, condition
or restriction shall be deemed denied by the Architectural Control
Committee if it has failed to either approve or deny said request
within thirty (30) days of its submission to the Committee.
Next page for ACKNOWLEDGMENT:
t57'1 PAnE 0999 ,,.,.
DATED: JANUARY 30tht 1987
TURNER CONSTRUCTION CO.,
REXFORD L · T ~.Fa~E..
ITS: ]?RESIDENT
:[NC. OF AK.
ACKNOWLEDGMENT
)
STATE OF ALASKA ) SS
3RD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the 30th day of JANUARY , 1987,
before me, the undersigned, A notary Public in and for the State
Of Alaska, duly commissioned and sworn, personally appeared
REXFORD L. TURNER , to me known and known to me to be the
individual described in and who executed the within and foregoing
PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE
EQUESTRIAN HEIGHTS SUBDIVISION as the PRESIDENT of TURNER
CONSTRUCTION COMPANY, INC. OF ALASKA, in the name of and for and
on behalf of said corporation, freely and voluntarily and by
authority vested in said corporation by the Protective Covenants,
Conditions and Restrictions for the Equestrian Heights Subdivision
and the the uses and purposes therein mentioned.
GIVEN UNDER MY HAND
last above written.
and official seal the day .the :year
Notary Public in and for Ala'ska . ·
My Commission Expires: 5~4~90
ANCHORAGE RECORDING DISTRICT
PROTECTIVE COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR THE EQUESTRIAN HEIGHTS
SUBDIVISION -- LAST PAGE l~n~f m ~ ',
MUNICIPALITY OF ANC[IORAOE
COMMUNIT? PLANNING DEPARTMENT
P.O BOX 19(~fi50
ANCHOltA(;I;:, ALASKA 99,519-6850
un cipaHt of nchor e
MEMORANDUM
DATE:
August 30, 1985
TO:
FROM:
SUBJECT:
Platting Board
James A. Crary, Assistant Municipality
S-6875 Barvarian Heights Subdivision
Attached is a Stipulation and a Judgment in this matter. The
Judgment contains an Order by the Honorable Justin Ripley of the
Superior Court. The Order itself is self-explanatory, but in a
nutshell what it amounts to is Judge Ripley reversed the Platting
Board finding that its actions were not supported by substantial
evidence. The attached judgment and stipulation were promulgated
as a result of Judge Ripley's determination.
The bottom line is that you must approve the Preliminary Plat.
If you have a question on either the Stipulation or Judgment,
Jerry Weaver can answer it.
JAC: s 1 k
IN TIIE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
BRIDGER ENTERPRISES
Appellant,
>IUNICIPALITY OF ANCHORAGE
iSSEMBLY/BOARD OF ADJUSTMENT
Appellee.
Case No. 83-8313 Civil
JUDGblENT
B ¢'~l~rk of h ,frill
On April 4, 1985, the Court, the Honorable J. Justin
Ripley presiding, heard oral argument on the issues raised by the
Appellant and the responses thereto by the Appellee. The Court,
having considered the pleadings to date, the file, the briefs and
having considered the exhibits and affidavits filed herein ruled
from the bench the Platting Board would be ordered to issue a
~lat to the Appellant based upon certain conditions and that the
~arties could agree to to inclusion of certain other conditions
,r the Cbhrt-~ould later resolve those conditions not stipulated
to by the par~e~
The parties have entered into a stipulation setting
forth the Court's findings and conclusions and the agreements of
:he )~rtiCs concerning those matters not specifically ruled upon
)y the Court. As a result of the foregoing,
IT IS ORDERED, ADJUDGED AND DECRESD that:
1. The Appellant is determined to be the prevailing
)arty to tbis appeal based upon a finding by the Court that the
-ecord as a whole lacks substantial evidence forming a reasonable
asis for refusal of preliminary plat approval by the Platting
Board for the Municipality of Anchorage.
2. The Platting Board for the Huaicipality of
Anchorage shall, at its next regular meeting after being
,resented with the Judgment of the Court, approve the plat which
s attached to this Stipulation and the Judgment subject to the
below listed conditions, Approval shall be immediate and without
the necessity of further public hearings or Board deliberation
~xcept for the purpose of approving said plat,
3. Approval of the attached plat shall be preliminary
plat approval and the Platting Board shall issue a final plat
upon Appeilant~s completion of the conditions for final plat
~pproval as set forth in the Stipulation entered into by the
arties on this Judgment bases thereon.
4. The development described in the attached plat
hall be carried out in two phases: the first involving the
Jevelopment of 27 lots (out of a total of 40 lots) which lots
4ill have no high water table problems and which lots ara
:onsidered dry lots; the second phase involving the remaining
Lots which do have a groundwater problem. [t shall not be
lecessary to have completed both phases prior to issuance of
~inal plat approval on phase I of this development project. At
~uch time as the conditions for final plat approval have been
:ompleted for phase I. final plat approval shall be granted by
:ha Platting Board for the Municipality of Anchorage, even though
:he conditions for final approval of Phase II have not yet been
~atisfied. At such time as Phase I has been completed and a
Yinal plat ham been approved and recorded, Appellant shall be
~ree to convey any or all of the 27 lots comprising Phase I of
:he development. No further public hearzngs shall be required
lot final plat approval of either Phase I or Phase II. At such
:zme as the additional conditions of final plat approval for
'hase II, such final approval shall be granted by the Platting
~oard for the Municipality of Anchorage.
5. The speczfic conditions under which a preliminary
~lat shall issue and which sha~l be successfully completed for
2O
22
24
Phase I are as follows:
a, Resolving utility easements;
b. Obtaining a wetlands permit from the Corps of
Engineers~ if required.
c. Providing a soils report Prom a registered
7 soils engineer indicating which lots may require engineered
~ foundations, and placing an appropriate note on the plat,
9 d. Resolving drainage an(] drainage easements with
10 )ublic Works Engineering.
~ e. Resolving the need for footing drains, and
~ footing drain stubouts with Public Works Engineering.
i~ f. Providing a soils, sedimentation, and erosion
14 control plan prior to plat recording. This condition may be
~s required by the below referenced subdivision agreement in lieu of
~6 being a condition that must be satisfied prior to plat approval.
~7 g, Removing the well from the right-of-way or
moving the right-of-way outside the well location.
h. Resolving the need for any temporary
turnarounds with Public Works Engineering.
i. Resolving the location of the intersection of
~rthfield Drive and Pickett Street with Public Works
j, Entering into a subdivision agreement for:
(l) Creation of Appellant's Community Water
Istem.
(2) Subdivision agreement to construct all
interior standards.
(3) Northfield Drive to suburban access
standards from the subdivision to Rabbit Creek Road (strip
aviag only)
6. The specific conditions under which a preliminary
,let shall zssue and which shall be successfully completed fo~
Phase II are as follows:
a. Completion of conditions a through j,
inclusive as set forth in Paragraph 5 above.
b. fnstallimg the under drain system and
3
monitoring that under drain system for a period of 24 months with
final resolution from the Departments of Health and Public Works
to determine the effectiveness of the under drain system and the
ability of each of the lg lots subject to this condition to
function with an on-site septic system.
7. The monitoring requirement as set forth in
Paragraph 6 above shall be a requirement for the 13 lots of Phase
II only. Because the monitoring must extend over a 24 month
~eriod, it will be impossible to make application for final plat
~pp~oval within the normal 18 month period. As such, the time
for final plat approval shall be extended to 30 months for
completion of the Phase II conditions and application for final
plat approval.
8. The preliminary plat shall issue to Re×ford
Turner, successor to Bridget Enterprises.
the Court 12r ~i:o)::711anfee~t :~a~e be free ~preva~ng ~arT~7On to
]eceiYed a copy of ~his
Judgm~mgntnt on the ~¢~ day
af ~--~ 7 i985,
stant Municipal Attor~
Platting Board Authority
Summa~ of Action
April 27, 1983
(continuation of April 20, 1983 meeting
Roll Call
BOARD MEMBERS PRESENT:
BOARD MEMBERS EXCUSED:
STAFF PRESENT:
Melissa Strom, Gay Leslie,
Dan Kendall, Nancy Fisher,
Ransom, Daphne Brown, Gene
Leavens, Frank Tyler
Gary
Jim Barnett
Jet ~ry Weaver,
Gall Browe r,
Lynn, Had lev
JoAnn Contreras,
Ken Duffus, John
Jenner
New Business
A. Public Hearing
5. S-6875 BARVARIAN HEIGHTS SUBDIVISION
The plat was Denied.
6. S-6859 WESTCENTER SUBDIVISION
The plat was approved subject to:
1. Resolving utilit57 easements.
2. Initiating and voting in favor of an RID for
Bering Street, if it fails, improve Bering
to urban peripheral standards.
3. Resolving drainage and drainage easements
with Public Works Engineering.
4. Resolving the need for footing drains and
footing drain stubouts.
5. Placing a note on the plat stating engineered
foundations will be required.
6. Resolving the need for an eroision and
sedimentation control plan.
7. Placing a note on the plat limiting direct
vehicular access to Tudor Road to access
points common to Lots 1, 2, and 3 and 4.
8. Resolving with the Anchorage Sewer and
Water Utility water supply for fire flow
re~ui reme nts.
9. Providing a 1~' planted vegetative screening
easement along the north and east side of
Lot 5, exclusive of utility easements.
IN T[{E SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
BRIDGER ENTERPRISES
Appellant,
MUNICIPALITY OF ANCHORAGE
ASSEMBLY/BOARD OF ADJUSTMENT
Appellee.
]ase No. 83-8313 Civil
JUDGMENT
,AUG ~
Clerk of (h~.?riel Courts
On April 4, 1985, the Court, the Honorable J. Justin
Ripley presiding, heard oral argument on the issues raised by the
lppellant and the responses thereto by the Appellee. The Court,
having considered the pleadings to dace, the file, the briefs and
having considered the exhibits and affidavits filed herein ruled
rom the bench the Platting BoarcL would be ordered to issue a
,lac to the Appellant based upon certain conditions and that the
~arCies could agree to co inclusion of certain ocher conditions
,r the Court ~ould later resolve those conditions not stipulated
to by the parCie~.
The parties have entered into a stipulation setting
forth the Court's findings and conclusions and the agreements of
:he .~:~i?s 'concerning those matters not specifically ruled upoa
)y tha Court. As a result of the foregoing,
iT IS ORDERED, ADJUDGED AND DECREED that:
1. The Appellant is determined to be the prevailing
arty to this appeal based upon a finding by the Court that the
ecord as a whole lacks substantial evidence forming a reasonable
,asis for refusal of preliminary plat approval b~ the Platting
Board for the Municipality of Anchorage.
2. The Platting Board for the Municipality of
Anchorage shall, at its next regular meeting after being
presented with the 3udgment of the Court, approve the plat which
is attache([ to this Stipulatiol~ and the 3udgment subject to the
below listed conditions. Approval shall be immediate aad without
the necessity of further public hearings or Board delibera'tion
except for the purpose of approving said plat.
3. Approval of the attached plat shall be preliminary
~lat approval and the Platting Board shall issue a final plat
~pon Appellant's completion of the conditions for final plat
approval as set forth in the Stipulation entered into by the
)arties on this Judgment bases thereon.
4. The development described in the attached plat
~hall be carried out in two phases: the first involving the
Jevelopment of 27 lots (out of a total of 40 lots) which lots
will have no high water table problems and which tots are
considered dry lots; the second phase involving the remaining 13
lots which do have a groundwater problem. It shall not be
I!necessary to have completed both phases prior to issuance of
i!final plat approval on phase I of this development project. At
such time as the conditions for final plat approval have been
:ompleted for phase I, final plat approval shall be granted by
:he Platting Board for the Municipality of Anchorage, even though
:he conditions for final approval of Phase II have not yet been
satisfied. At such time as Phase I has been completed and a
inal plat has been approved and recorded, Appellant shall be
ree to convey any or all of the 27 lots comprising Phase I of
~he development. No further public hearings sBall be required
!or final plat approval of either Phase I or Phase II. At such
ime as the additional conditions of final plat approval for
hase II, such final approval shall be granted b~ the Pl~ttil%g
Board for the Municipality of Anchorage.
5. The specific conditions under which a preliminary
~lat shall issue, and which shall be successfully completed for
8
24
27
28
THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
BRIDGER ENTERPRISES
Appellant,
.[UNICIPALITY OF ANCHORAGE
SSEMBLY/BOARD OF ADJUSTMENT
Appellee,
Case No. 83.-8313 Civil
STIPULATION
COPlE NOW the parties to this appeal and enter into the
following stipulation pursuant to certain orders of the Court and
agreement between the parties.
On April 4, 1985, the Court~ the Honorable J. Justin
Ripley presiding, heard oral argument on the issues raised by the
kppellant and the responses thereto by the Appellee. The. Court,
~aving considered the pleadings to date, the fil~, the briefs and
having considered the exhibitJ and affida%its filed herein ruled
rom the beach the Platting Board would be ordered to issue a
,let to the Appellant based upon certain conditions and that the
~arties could agree to to inclusion of certain other conditions
ir the Court would later resolve those conditions not stipulated
;o by the parties.
Based upon the Court's ruling and negoniations between
the partial, the parties now stipulate as follows:
1. The Appellant is determimed to be th~ prevailirtg
~arty to this appeal based upon a finding by the Court that the
ecord as a whole lacks su~sta.tial evidence forming a reasonable
asia for refusal of prelimimary plat approval by the Platting
Board for the ~lunicipality of Anchorage.
2. The P.latting Board for the Municipality of
Anchorage shall, at its next regular meeting after being
presented with the Judgment of the Court, approve the plat which
is attached to this Stipulation and the Judgment subject to the
below listed conditions. Approval shall be immediate and without
:he necessity of further public hearings or Board deliberation
~xcept for the purpose of approving said plat.
3. Approval of the attached plat shall be preliminary
lat approval and the Platting Board shall issue a final plat
pon Appellant's completion of the conditions for final plat
pproval as set forth in this Stipulation and the Judgment based
upon this Stipulation,
4, The development described in the attached plat
;hall be carried out in two phases: the first involving the
[evelopment of 27 lots (out of a total of 40 lots) which lots
will have no high water table problems and which lots are
:onsidered dry lots; the second phase involving the remaining I3
~ots which do have a groundwater problem. It shall not be
~ccessary to have completed both phases prior to issuance of
~inal plat approval on ehase I of this development project, At
;uch time as the conditions for final plat approval have been
:ompleted for phase I, final pla~ approval shall be granted by
the Platting Board for the Municipality of Anchorage, even though
:he conditions for final approval of Phase II have not yet been
atisfied. It is the intent of the parties that at such time as
'base I has been completed, the Appellant will be able to obtain
immediate final plat approval of the 27 lots so that said lots
may be conveyed immediately thereafter. No further public
hearings shall be required for final plat approval of either
~hase I or Phase II, At such time as che additional conditdons
)f final plat approval have been completed, such final approval
~or Phase II shall be approved 'by the Platting Board for the
,lunicipality of Anchorage,
5. Tho specific conditions under which a preliminary
2
iplat shall issue and which shall be successfully completed for
Phase I ars as follows:
a. Resolving utility easements;
b. Obtaining a wetlands permit from the Corps of
Engineers, if required.
c. Providing a soils report from a registered
soils engineer indicating which lots may require engineered
foundations, and placing an appropriate note on the plat.
Public Works Engineering.
e. Resolving the heed for footing drains, and
I,~oot!ng drazn stubouts with Public W6rks Engineering.
f, Providing a soils, sedimentation, and erosion
:ontro! plan prior to plat recording. This condition may be
~equired by the belo~ referenced subdivision agreement in lieu of
being a condition that must be satisfied prior to plat approval.
g. Removing the well from the right-of-way or
oving the right-of-way outside the well location.
h. Resolving the need for any temporary
!iturnarounds with Public Works Engineering,
]'~orthfield Drive and Pickett Street with Public Works
([) Creation of Appellant's Community Water
~'~d.~ (2) Subdivision agreement to construct all '
interior standards.
(3) Northfield Drive to suburban access
~taadards from the subdivision to Rabbit Creek Road (strip
~avil,g only>:
6, The specific conditions under which a preliminary
lat shall issue and which shall, be successfully completed for
base ti are as follows:
a. Completion of conditions a through j,
inclusive as set forth in Paragraph 5 abgve,
b. Installing the under drain system and
monitoring that under drain system for a period of 24 months with
final resolution from the Departments of Health and Public Works
:o determine the effectiveness of the under drain system and the
ability of each of the 13 lots subject to this condition to
function with an on-site septic system.
7. The monitoring requirement as set forth in
P~raeraoh 6 above shall be a require,lent for the i3 lots of Phase
II only. Because the monitoring must extend over a 24 mon:h
period, it will be impossible to make application for final plat
//approval within the normal 18 montll period. As such, the ti~a
for final plat approval, shall be extended to 30 months [or
~ompletion of the Phase !I conditions and application for final
,let approval,
8. The oreliminar: plat shall issue to Re×ford L,
'urner, successor to Bridget Enterprises.
of the parties contained herein. Judgment may issue immediately
")y the Court.
/ kttprney for Appellee ~Rici~
litv of \nchora~e ~
)0
j~,~ W. ABBOTT
AUtorney for Appellan~ Bridget
Enterprises
erehv eeffifx, that this is a tree and corree~
w of the on~nal on fi}e
'[EST:
ler['o[ tbe~ Co~ at ~ch~go
46*
45'
TI2H
Surface-water features and
Lake or pond
Spring
.
0 IOO 2000
0 200 400 §00
Waterlogged land or
ground water within
15ft, (E,Sm) of the
surface
wa te r ,
Stream
Intermittent drainage
~....--~-'~-' Drainage basin dJvido
EXPLANATION RelativepormeabilJ[yofsurfi
~ HIGH- alluvium and slope depo,
E~ MODERATE- glacially-derived d
E~ LOW-lake and pond deposi[s (!
~ VERY LOW/bedroc,, (siltstone ,
Figure 2g.-- Distribution of surface water, nea~-surface ground water, and relative permeability of st
29
R£'G!ONAL OFf'/CE
May 24, ]982
Sherri Wiletke
i~unicipality of Anchorage
Pouch 6-6!i0
Anchorage, Alaska 99502
DY S, N~I~NO,¥B, tNYEItNOfl
437E Slreel
SECOND FLOOR
ANCHQRAGF, ALA.~KA 9950I
(gO~) 274 2533
P 0 ~Ox 515
KODIAK ALASKA 9~615
(90/) 4?6 3350
PO BOX 1207
SOLD~fNA ALASKA ~9669
(907) 252.52 ~ 0
PO. BOX 1709
VALDEZ, ALASKA 99696
SUBJECT: Bavarian Heights I,later and Sewer
The Department has reviewed the conceptual plans For the water and sewer
system for Bavariarl Heights. There appears to be room For the proposed
sewage treal;menk system alld al Cernative systems, floweret, Final approval
of the system woald require Far more information about tile impervious
strata location, soils type, 'the soil percolation and permeability, and
the subsurface drainage in the prol)osed subdivision and on the property
next ~,o the subdivision. ThereFore, the Department can grant approval
of tile water and sewer system concept on]y.
Sincerely,
/
"Bruce n. Ericksen
Environmental Engineer
BEE/mm/vh
MUNICIPALITY OF ANCHORAGE
MEMORANDUM
November 9, 1988
TO:
Economic Development and Planning Department
Zoning and Platting Section
FROM:
Health and Human Services Department
On-site Services Section
SUBJECT:
Request for Comments on Subdivisions
November 21, 1988
The Environmental Services Division, On-site Services Section,
of the Department of Health ~nd Human Services has reviewed the
following cases and has these comments:
85-50:
Resolution Pointe Phase II
Time Extension
No objection.
Subdivision Agreement
85-52:
Resolution Pointe Phase III Subdivision Agreement
Time Extension
No objection.
86-12(S-6875):
Equestrian Heights Subdivision Agreement
2 Year Time Extension
No objection.
S-5354: Fire Lake Subdivision Agreement
No objection.
2 Year Time Extension
S-6206B: Athenian Village Subdivision Tract G5
Notes 2 and 3
No objection.
.- Modify Plat
S-7954:
Digel Subdivision - Bond/Liability
Extension
No objection.
and 2 Year Time
S-8475:
Kluane Terrace Trailer
Plat Time Extension
No objection.
Estates
' ' i n
Subdmv~s o - 6 Month
-IE~ Datum Engkneering_
& Surveying, Inc.
(907) 563-3~42
4500 Business Park Blvd.
Datum Building "B"P~
Anchorage, Alaska 99503
January 28, 1987
Robert W. Robinson
Department of
Health & Human Services
Municipality of Anchorage
Anchorage, Alaska
Subj: Barvarian Heights SubDivision Case S 6875
(Equestrian Height Phase 1).
Dear Mr. Robinson:
Based on our discussion last week, I have decided to place a note on
the plat alerting potential buyers that on site' sewer permits must be
obtained in accordance with the new ordinance. I have also submitted
a water extension agreement application to AWWU.
Although, there are no conditions of approval on the Phase i portion
of the plat specifically requiring DHHS approval I am transmitting
herewith a copy of the proposed plat for your review. We are submitting
this for final recordation in the next two or three days. Since time
is short I would appreciate you telephoning me with any further comments
that you might have. ,~.ly phone number is: (907) 563-~142. Please
advise Jerry~aver that all preliminary plat conditions have been met.
Ed McMillan, P.E.
President
EM/dm
NiunicipalitYo¥
Atxchorage
P.O. BL,.,, 196650
ANCHORAGE, ALASKA 99519-6650
(907) 264-4111
] ONY KNOWLES,
MA YOt~
DEPARTMENT OF HEALTH & HUMAN SERVICES
March 17, 1986
Mr. Ed Mc Millan, President:
I)atsm Engineeriug and Surveying, Inc.
4500 Business Park Boulevard '
Datum Building "B"
Anchorage, Alaska 99503,~~/
//-S-u~}ject: S-6875'~ Bawqrian lleights Subdivisiou
Tbis will continue correspoudance on the captioned subdivision ending
with your letter dated March 3, 1986 requesting our consideration of a
community wastewater collection and disposal system in lieu of individual
on-site septic systems. On Friday, February 28,1.986, we me~ in my office
aud discussed this l)roposal in considerable detail. I find it to be
surprising and ironic that (1) I suggested that consideration be given to
a conmsmity wastewater disposal, system in 1983 and (2) after so much time,
effort and money bas been spent in appealing the Platting Board's disapproval,
you are now proposing an alteruative that would probably have precluded the
disapproval itt tile first place.
Notwithstanding the above, I have reviewed your teutative proposal, and have
discussed it with a number of different persons and agencies, and submit to
you the fo]lowing co.uneuts:
I. I |lave no specific objections to the concept of a community wastewater
gathering and disposal system serving the 13 questioned lots.
2. Referring to Exhibit A to your above referenced letter, the tentative
location of the community disposal site does not appear to provide
adequate separation between the alternate areas, and does net appear to
have t:he required 100 foot separation from the existing surface drainage area.
3. The Alaska Depart,lent of Environmental Conservation(ADEC) |las the final
and ultimate authority for the issnance of permits Eo construct and to operate
a community wastewater disposal system. In discussiug yaur proposal with
Bruce Erickson(ADEC), he indicated a serious conceru with haviug tile entire
subdivision(all 40 lets) served by a conmmnity system. Hr. Erickson a.[so
indicated that before he would furnish his opinion on your proposal, he
would have to review your design criteria.
Mr. Ed Mc Millan, President
Datum Engineering and Surveying, Inc.
Marcb 17, 1986
Page Two
Prior to the Municipality of AncBorage or ADEC reaching any prelimioary
decision on your proposal, au amended judgement or letter of non-objection
should be obtained from Judge J. Justin Ripley agreeing with your proposed
alternate to bis judgement.
The major concerus of tbis department, with your proposal are two fold,
namely (a) who will have the final authority, responsibility and liability
of the operation, maintenance, and repair of tile system and (b) wii1 the some-
what limited area proposed for the wastewater disposal site adequately
handle the estimated 6,825 galloos of wastewater per day(13x3.5x[50) without
adversely effecting the ~ntegrity and level of tile existing shallow ground-
water table.
It would appear that if you iutend to further pursue the community wastewater
system concept, you should first address the above items.
Sincerely,
Robert W. Robins~}
Environmental Engit~eer
RWR/ljw
Jerry Weaver, Community Planning Department
Bruce Erickson, State of Alaska, D.E.C.
Judge J. Justin Ripley