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HomeMy WebLinkAboutVOYLES Plat# 88-91 S-8130 A MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION Environmental Health Division CASE REVIEW WORKSHEET CASE NUMBER: ,~,_~ ~,~ ~',] ~ O DATE RECEIVED: COMMENTS DUE BY: S-8130A September 4, 1985 September 16, 1985 SUBDIVISION OR PROJECT TITLE: Voyles Subdivision - With Vacation and Variance. ( ) PUBLIC WATER AVAILABLE ( ) PUBLIC SEWER AVAILABLE ( ) COMMUNITY WATER AVAILABLE 717014 (Rev. 5/63) / // / ,/ / / 558 0 / 4147 / MLJNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION Environmental Health Division CASE REVIEW WORKSHEET CASE NUMBER: 86-1 (S-8130A) DATE RECEIVED: COMMENTS DUE BY: January 27, 1988 February 15, 1988 SUBDIVISION OR PROJECT TITLE: Voyles Subdivision Agreement Time Extension ( ) PUBLIC WATER AVAILABLE ( ) PUBLIC SEWER AVAILABLE ( ) COMMUNITY WATER AVAILABLE 71-014 (Rev. 5/83) January 19, 1988 Graybill P.O. Box 670358 Chugiak, Alaska 99567 Jerry Weaver Municipality of Anchorage Department of Economic Development and Planning P.O. Box 196650 Anchorage, Alaska 99519-6650 Re: Voyles Subdivision Agreement~ .~. ~ Public Services Files No. 86-1 Dear Mr. Weaver: This letter is in reference to our conversation the other day. We are requesting an extension for two (2) years on our Subdivision Agreement. Due to the economy we feel it would be unfavorable to begin a subdivision now that property values are at an all time low. We feel that for.the next two years we will be fortunate if the taxes and our very patient engineer, Bob Schafer - S. and S. Engineering, can be paid. The subdivision is really just off of the drawing board. No roads, utilities, or anything has begun on it. If there is any further question, please do not hesitate to contact us. Sincerely,. "dOH~ k. GRAYB'iLk DOLORES N. GRAYBILL Home: 688-9116 Work: 271-5035 1399 Voyles-Subdivision, Block I File No. 86-1 NOTICE OF SUBDIVISION AGREEMENT Public Works File NO. 86-~ Planning Case No. S-8130A Zoning of Subdivision: R-7, Improvement Requirement Area: ( ) Urban ( ) Suburban (X) Rural ( ) Underground Utility Zone PLEASE TAKE NOTICE that pursuant to the provisions of Chapter 21.87 of the Anchorage Municipal Code, a Subdivision Agreement, dated ~-~- ~ ., has been entered into between the Municipality of Anchorage and Jqhq the the Greybill, Developer. This Subdivision Agreement requires that Developer construct and install certain public improvements, and it is available for public inspection at the Office of the Municipal Clerk, 632 West 6th Avenue, Anchorage, Alaska. NOTE: This Subdivision AGreement does not create a lien on the property. The real property which is the subject of the Subdivi- sion Agreement is located in the Municipality of Anchorage and is described as: Tract B-I, Voyles Subdivision & Lots 21 & 22, Chandelle Acres Subdivision, Lot 3, Block 1, Voyles Subdivision, located within SW 1/4, Section 3, T15N, R1W, Alaska. A Preliminary Plat, which has not been filed for record describes the real property (hereinafter the "Subdivision") as: Voyles Subdivision, a subdivision of Tract B-i, Voyles Subdivision & Lots 21 & 22, Chandelle Acres Subdivision, Lot 3, Block 1, Voyles Subdivision, located within SW 1/4, Section 3, T15N, R1W, S.M., Alaska. A Final Plat for this Subdivision, which modifies the legal description contained herein, may be filed for record pur- suant to the provisions of Chapter 21.15 of the Anchorage Municipal Code. This Final Plat will describe and identify all lots and parcels in this Subdivision. ~ Lateral aed/or trunk Voyles Subdivision, Block I File No. 86-1 charges, if any, for each lot and parcel will be computed and agreed upon by the Developer pursuant to an Amendment to the Subdivision A~reement which will be recorded. Dated at Anchorage, Alaska, this ~ day ofz~f~ , .., ~ I'"~ ~ . ~ . ~ Ff~',~.'~'~.P.:"..~, 19~, before me the undersigned, a Notary ~;~%'~ ~=nnallu anoeared ,')~-~~ , Known ~u ...... [~:.b~' the individual named herein who exec6ted the fore0olng lnst ~ent, and s/he acknowledged that s/he did so freely and volun- WITNESS my hand and official seal the day and year this certificate first above ~itten. -2- ~r~u[ U ~ U 4 Voyles Subdivision, Block I File No. 86-1 STATE OF ALASKA ) TSIS IS TO CERTIFY that on this //~// day of , 198_~_, before me, the undersigned, a Notary ~ublic in and for the State of Alask~ ~ul~4commissioned and sworn as such, personally appeared ~.~. ///~ Anchorage, Alaska, the corporation that executed the foregoing instrument, and he acknowledged to me that he executed said instrument as the free and voluntary act and deed of said cor- poration for the uses and purposes therein mentioned, and that he was authorized to execute said instrument. WITNESS my hand and official seal on ~,~,, day and year first above written. ~- Of. NOTARY P~L~C i~and fo~ ~Alaska My Commt s~i~o9 ~pl ~..- ~-~-~ -3- Voyles Subdivision, Block I File No. 86-1 SUBDIVISION AGREEMENT Public Works Fila No. 86-1 Planning Case NO. S-8130A Zoning of Subdivision R-7 Improvement Requirement Area: ( ) Urban ( ) Suburban (X) Rural ) Underground Utility Zone THE MUNICIPALITY OF ANCHORAGE (hereinafter the "Municipality"), a municipal corporation, and 'John Greybi]l_ (hereinafter the "Developer"), enter into the following Agreement John Greybill executes this Agreement on behalf of the Developer. It is understood that the Developer is an individual, and that the person(s) who executed the Agreement on behalf of the Developer do(es) so in the capacity of owner. John Greybill warrants that he has the authority to execute this Agreement on behalf of the Developer. The parties to this Agreement shall accept notices at the following addresses and telephone numbers: DEVELOPER John Graybill P.O. Box 670358 Chugiak, Alaska 99567 (688-9116) MUNICIPALITY Municipality of Anchorage Department of Public Works Private Development Section 3500 East Tudor Road Anchorage, Alaska 99507 786-8135 The real property which is subject of this Agreement (hereinafter the Property) is located in the Municipality of Anchorage and is described as: Voyles Subdivision, a subdivision of Tract B-l, Voyles Subdivision & Lots 21 & 22, Chandelle Acres Subdivision, Lot 3, Block 1, Voyles Subdivision located within SW 1/4, Section 3, T15N, R1W, S.M., Alaska. (This legal description is taken from the preliminary plat for the subdivision and may be subject to change after the recording of the final plat.) The Developer seeks the Municipality's approval of the final plat for the subdivision pursuant to Chapter 21.15 of the -1- Voyles Subdivision, Block I File No. 86-1 AnchoraGe Municipal Code. In consideration of the Municipality's approval of a final plat for the subdivision, the Developer agrees to con~.ruct and install the improvements described in %rtlcle IV of this AGreement in accordance with all the terms, covenants and conditions of this AGreement. The Developer shall construct and install the following X street, N/A. sidewalk, ~N/A . curb and Gutter --N/A ' sanitary sewer, electrical, ~ monumentatlon, ~/~_ sub ~ , X _ traffic control devices, _ X street signs, other: The Developer estimates the cost of the improvements to be $79~500.00. Revised Estimates of Cost of all Improvements Date Estimate -2- ARTICLE GENERAL PROVISIONS 1.01 Application of Article Unless this Agreement expressly provides otherwise, all provisions of this article apply to every part of this Agreement. 1.02 Permits, Laws, and Taxes The Developer shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to its performance under this Agreement. All actions taken by the Developer under this Agreement shall comply with all appli- cable statutes--~ ordinances, rules, and requlations. The Developer shall pay all taxes pertaining to its performance under thls Agreement. 1~03 Relationship of Parties Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, or any contractor or sub- contractor of the Developer be deemed an agent, employee, or partner of the Municipality, or otherwise associated with the Municipality other than, in the case of the Developer, as an independent contractor. The Developer and its contractors and subcontractors shall not represent themselves to be agents, employees, or partners of the Municipality, or otherwise asso- ciated with the Municipality other than, in the case of the Developer, as an independent contractor. The Developer shall notify all its contractors and subcontractors of the provisions of this section. 1.04 En~ineer's Relation to Municipality Notwithstanding Section 2.08, 6r any agreement whereby the Municipality reimburses the Developer's engineering costs, an -3- SA 3/10/82 engineer retained by the Developer to perform work under this Agreement shall not be deemed an agent, employee, partner, or contractor of the Municipality, or otherwise associated with the Municipality. 1.05 Developer's Responsibility The Developer shall be solely responsible for the faith- ful performance of all terms, covenants, and conditions of this Agreement, notwithstanding the Developer's delegation to another of the actual performance of any term, covenant, or condition hereof. 1.06 Allocation of Liability The Developer shall indemnify and hold the Municipality harmless from any claim, action, or demand arising from any act or omission related to this Agreement in whole or in part of the Developer, his agents, employees, or contractors. The liability assumed by the Developer pursuant to this section includes, but is not limited to claims for labor and materials furnished for the construction of the improvements. 1.07 Disclaimer of Warranty Notwithstanding this Agreement Or any action taken by any person hereunder, neither the Municipality nor any municipal officer, agent, or employee warrants or represents the fitness suitability, or merchantability of any property, plan, design, material, workmanship, or structure for any purpose, 1.08 Non-Discrimination A. In performing its obligations under this Agreement, the Developer shall not discriminate against any person on the basis of race, creed, color, national origin, sex, marital sta- tus, or age. -4- sa 3/10/82 B. In selling or leasing property or improvements in the subdivision, the Developer shall not discriminate against any person on the basis of race, creed, color, national origin, sex, marital status, or age. 1.09 Cost of Documents All plans, reports, drawings, or other documents that this Agreement requires the Developer to provide the Municipality, shall be furnished at the Developer's expense, 1.10 Public Utilities A. Any public utility service contemplated by this Agreement need be provided only to areas where the service is allowed by the Alaska Public Utilities Commission and applicable law. All utility service shall conform to the rules, regula- tions, and tariffs of the Alaska Public Utilities Commission. B. If the Alaska Public Utilities Commission disallows any.utility service by the Municipality following execution of this Agreement, the provision of the disallowed service shall be deleted from the requirements under this Agreement without affecting any other part hereof. The disallowance shall not be grounds for any claim, action, or demand against the Municipality. 1.11 Time is of the Essence Unless otherwise expressly provided herein, time is of the essence of each and every term, covenant, and condition of this Agreement. 1.12 Assignments A. Except insofar Bs subsection B of this section spe- cifically permits assignments, any assignment by the Developer of its interest in any part of this Agreement or any delegation of sA 3/~0/s2 1.14 the Municipality for any costs thus incurred. The Municipality may deduct any costs thus incurred from any payments then or thereafter due the D~veloper from the Municipality, whether under this Agreement or otherwise. 3. Exercise its rights under any performance or warranty guaranty securing the Developer's obligations under this Agreement. 4. Pursue any appropriate judicial remedy, including but not limited to an action for injunction and civil penalties pursuant to Title 21 of the Anchorage Municipal Code. Non-Waiver The failure of the Municipality at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the Municipality thereafter to enforce each and every provision hereof. 1.15 Interpretation A. Each document incorporated by reference herein is an essential part of this Agreement, and any requirement, duty, or obligation stated in one document is as binding as if stated in all. All documents shall be construed to operate in a complemen- tary manner and to provide for a complete project. B. If the terms of any of the documents and amendments .hereto comprising this Agreement conflict, the conflict shall be 'esolved by giving the conflicting documents and amendments thereto the following order of preference: titled "Special 1. Documents or sections Provisions". 2. Article II of this Agreement titled "Construction of Improvements", and Article III of this Agreement titled "Acceptance of Improvements". 3. Article I of this Agreement titled "General Provisions". 4. Documents incorporated under% Article IV of this Agreement. -7- ~A 3/10/82 5. Article IV of this Agreement titled "Improvement Requirements". 6. Any other document incorporated by reference herein. 1.16 Effect of Standard Specification~ The Standard Specifications of the Municipality of Anchorage in effect at the time this Agreement is executed, are incorporated by reference herein as minimum construction stan- dards for performance under this Agreement specifically provides that provisions in the Standard Agreement, except where this otherwise; provided, however, Specifications describing the relationships and responsibilities of parties to municipal construction contracts do not apply herein to the extent that they conflict with any provision of this Agreement. 1.17 Amendment The parties may amend this Agreement only by written agreement, which shall be attached as an appendix hereto. 1.18 Jurisdiction - Choice of Law Any civil action arising from this Agreement shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Anchorage. The law of the State of Alaska shall govern the rights and duties of the parties under this Agreement. 1.19 Severability Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a court of competent juris- diction shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of the Agreement. 1.20 Integration This instrument, and any writings incorporated by reference herein, embody the entire agreement of the part~es. -8- sa 3/~0/82 q~is Agreement shall supersede all previous co~nunications, representations, or agreements, whether oral or written, between the parties hereto. 1.21 Definitions Unless this Agreement expressly provides otherwise, the following definitions shall apply herein: A. "Improvements" means all work which the Developer is required to perform by this Agreement. B. "Municipal improvements" means improvements which are to be dedicated to the Municipality pursuant to Chapter 21.80 of the Anchorage Municipal Code, or the final approval of a con- ditional use under Chapter 21.15 of the Anchorage Municipal Code, or which are to be operated and controlled by a municipally owned utility. C. "Municipality", for the purposes of administering this Agreement, means the Director of the Department of Public Works of the Municipality, or his designee. D. "Acceptance" by the Municipality means a deter- mination that an improvement meets municipal construction stan- dards, and does not refer to accepting a dedication~ of the improvement by the Developer. -9- SA 3/10/82 ARTICLE II IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES 2.01 Recordin9 of Final Plat The final plat for the subdivision shall not be recorded until the Developer has submitted, and the Municipality has approved the performance guaranty required by Section 2.02. 2.02 Performance Guarant~ A. The Developer shall guaranty, for the sole benefit of the Municipality, that the Developer will perform all of its obligations under this Agreement. The guaranty shall be in one of the forms specified by Sections 2.03, 2.04, 2.05, and 2.06. ~uring the term of this Agreement, the Developer may, with the written consent of the Municipality, substitute for a performance guaranty submitted under this section another guaranty in the required amount and in one of the forms specified by Sections 2.03, 2.04, 2.05, and 2.06. B. Amount of Guaranty The guaranty shall be in an amount equal to the estimated cost of all improvements, which shall be computed as follows. The Developer shall submit for the Municipality's approval, a cost estimate for each improvement required by this Agreement. The Developer's engineer shall pre- pare and certify all cost estimates. The esti- mated cost of all improvements shall be the sum of the approved estimated cost of constructing each improvement, plus an overrun allowance upon that sum as follows: Total Estimated Cost of Constructing Improvements $0-500,000.00 $500,000.01-1,000,000.00 $ over 1,000,000,00 Overrun Allowance 2O% 15% 10% If the Municipality finds that increases in construction costs, between the time the Municipality approves the estimated improvement costs under paragraph 1 of this subsection and the time of the improvements are completed, have rendered the approved estimated improve- ment costs unreasonably low, the Municipality -10- SA 3/10/82 may require the Developer to increase the per- formance guaranty to an amount equal to an approved estimated cost of all improvements based upon current cons%ruction costs. C. If the Developer is not in default under this Agree- ment, the Municipality may allow a reduction in the amount of the performance guaranty, or the amount secured thereby, not exceed- ing the difference between the estimated cost of all improvements and the current estimated cost of the work remaining to be per- formed under this Agreement; provided, however, that the amount of the performance guarantee, or the amount secured thereby always shall be greater than or equal to the amount of the war-. ranty guaranty required by Section 3.08. D. As soon as one of the following occurs, the Municipality shall release any performance guaranty which has not been used or encumbered under Section 1.13: 1. The final acceptance of all improvements and the posting of warranty guaranty as provided in Section 3.07; 2. The expiration of the warranty period as pro- vided in Section 3.06~ or 3. The expiration of a period of three years from the date of e declaration of default under Section 1.13. 2.03 Performance Bond The Developer may provide a performance bond from a com- pany qualified by law to act as a surety in the State of Alaska. The bond shall be in a form approved by the Municipality. The bond shall name the Municipality as the sole obligee and the Developer as the principal. 2.04 Escrow The Developer may deposit cash in an escrow with a bank or financial institution qualified by law to do business in the State of Alaska. The disbursement of the~ escrowed funds shall be governed by an escrow agreement in a form approved by the Municipality. -11- SA 3/10/82 !.05 Letter of Credit The Developer may cause a bank or financial institution qualified by law to do business in the State of Alaska to issue an irrevocable letter of credit or loan commitment agreement to the Municipality es beneficiary. The letter of credit or loan commitment agreement shall be in a form approved by the Municipality. 2.06 Deed of Trust A, The Developer mey grant the Municipality a deed of trust to land in the Municipa.lity, securing the estimated cost of all improvements. The Municipality need not accept a deed of trust if the amount to be secured by the deed of trust exceeds the unencumbered value of the land subject to the deed of trust The unencumbered value of a lot or parcel of land is the Municipal Assessor's most recent estimate of its value, less the amount of any outstanding encumbrances. B. Th~ Municipality shall release a lot or parcel from the deed of trust only if the Developer deposits cash, in the amount specified in subsection C of this section, in an escrow with a bank or lending institution qualified by law to do busi- ness in the State of Alaska. The disbursement of the escrowed funds shall be governed by an escrow agreement in a form approved by the Municipality. C. The amount to be escrowed under subsection B of this section shall be computed as follows: 1. Add the number of lots subject to the deed of trust that are no larger than one acre to double the number of lots subject to the deed of trust that are larger than one acre; 2. Divide the estimated cost of all improvements computed under Section 2.02 by this sum; 3. The quotient is the amoun~ to be escrowed for the release of a lot no larger than one acre; -12- sA 3/10/82 double the quotient is the amount to be escrowed for the r~lease of a lot larger than 2.07 Prerequisites to Construction The Developer shall not obtain permits for the construc- ~ents until the requirements of Sections 2.08 through 2.14 have been met. !.08 Engineer A. The Developer shall retain an engineer, registered as a professional engineer under the laws of the State of Alaska, to design and administer the construction of the improvements, including preparing plans and specifications, inspecting and controlling the quality of the work, and preparing as-built data. The engineer shall perform the work described herein in accord- ance with the Munioipality's recommended procedures for con- sulting engineers. If this Agreement requires the Municipality to reimburse the Developer for engineering costs, the profes- sional fee schedule of the engineer shall be attached as an appendix hereto. B. The Developer shall inform the Municipality of the name and mailing address of the engineer he has retained to per- form the duties described in subsection A of this section, and agrees that notice to the engineer at the address so specified regarding the performance of such duties sh~ll constitute notice to the Developer. The Developer shall promptly inform the Municipality of any change in the information required under this subsection. 2.09 Plans and Specifications A. The Developer shall submit to the Municipality, in such form as the Municipality may specify, all plans and specifi- cations pertaining to the construction of the improvements. -13- SA 3/10/82 B. ~]e Developer shall submit to the Municipality proof that it has retained an engineer to perform the duties described in Section 2.08A. C. If the Municipality requires soils tests or other tests pertaining to the design of improvements, the Developer shall submit reports of the test results with the plans and spe- cifications. D, The Municipality shall approve the pl%ns and speci- fications as submitted, or indicate to the Developer'how it may modify them to secure approval within three weeks from either: (1) the submission of all plans and specifications for the improvements; or (2) the payment of the deposit required upon plan submission under Section 2.10, whichever occurs later. 2.10 Pro~ect Cost Deposit The Developer shall deposit with the Municipality the amounts required under Section 24.20.040 of the Anchorage Municipal Code. 2.11 Quality Control Program A. The Developer shall submit to the Municipality, in such form es the Municipality may specify, a quality control ~rogram for the construction of the improvements. B. The quality control program shall provide sufficient inspection and test procedures to determine compliance with all applicable plans, specifications, and safety requirements. ~e program shall include at least the following: 1. The frequency and type of all tests to be performed. 2, A list of all persons who will perform tests and inspections. 3. Procedures for coordinating:testing and inspec- tions with the Municipality, and for providing -14- advance notice to the Municipality of all inspections and tests which the Municipality shall witness. Procedures for reporting quality control acti- vities, including discoveries of deficiencies in the work. 3.12 Work Schedule A: The Developer shall submit to the Municipality, in such form as the Municipality may specify, a work schedule. B. The work schedule shall include e progress chart of a suitable scale, indicating the approximate percentage of work scheduled for completion at any given time. For each improve- ment, the schedule shall indicate starting and completion dates for the following~ 1. Clearing, grubbing, and removing of overburden. 2. Excavation, installation, and backfill and com- paction for each utility to be installed by the Developer. 3. Excavation, backfill, and compaction for street facilities other than paving. 4. Paving 2.13 Materials A. The Developer shall submit, in such form as the Municipality may specify, detailed information concerning all materials and equipment it proposes to incorporate into an improvement. B. Upon the Municipality's request, the Developer shall submit samples of materials or equipment it proposes to incor- porate into an improvement. 2.14 Liability Insurance The Developer shall provide proof that it has acquired the insurance required under the standard construction specifica- tions of the Municipality in effect at ~he time of the execution -15- SA 3/10/82 of this Agreement, in the form prescribed in those standard spe- cifications, or, if the Developer has engaged a prime contractor to perform the work under this Agreement, that proof that the )rime contractor has acquired such insurance, naming the )eveloper as an insured. 2.15 General Standard of Workmanship A. The Developer shall construct all improvements in accordance with plans, specifications, and contracts approved by the Municipality, and with the terms, covenants, and conditions of this Agreement. The Developer shall not incorporate any material or equipment into an improvement unless the Municipality has approved its use. Unless the Municipality specifically agrees otherw'ise in writing, all materials, supplies, and equip- ment incorporated into an improvement shall be new. B. If the course of construction conditions appear that, in the exercise of reasonable engineering judgment,, require a modification of, or substitution for approved materials, equip- ment, plans, specifications, or contracts to meet a higher stan- dard of performance, the Developer shall make the modification or substitution. C. The Developer shall construct all facilities in the subdivision not otherwise subject to this Agreement in accordance with applicable statutes, ordinances, and specifications. 2.16 Placement of Utilities The Developer shall place except where this requirement is Article IV of this Agreement. all utilities underground, specifically waived under 2.17 Work in Right-of-Way The Developer shall comply with all ordinances and secure all necessary permits and authorizations pertaining to -16- SA 3/10/82 work in public rights-of-way. The Developer shall coordinate and supervise the installation and construction of all utility improvements, including those not otherwise covered by this Agreement, in a manner that will prevent delays in municipal construction or other damage to the Municipality, and that will permit the Municipality to properly schedule work that i% will perform. 2.18 Surveyor Ail surveys required for the completion of improvements under this Agreement shall be made by a person registered as a professional land surveyor under the laws of the State of Alaska. 2.19 Required Reporting A. Quality Control 1. The Developer shall submit to the Municipality, regularly and promptly, written reports describing the results of all tests and inspec- tions required by the quality control program, and all other tests and inspect'ions which the Developer may make. 2. The Developer shall coordinate testing and inspections with the Municipality, and provide advance notice to the Municipality of all tests and inspections which the Municipality shall witness as required by the approved quality control program. B. Construction Progress 1. At such intervals as the Municipality may require, the Developer shall enter on the approved work schedule progress chart the actual work progress to date and immediately forward two (2) copies of the marked progress chart to the Municipality. 2. If actual progress indicates that the Developer will not perform the work as scheduled, the Developer shall prepare and submit a revised schedule for the Municipality's approval. 3. In addition to any other notice that this Agreement may require, the Developer shall give the Municipality reasonable notice prior to commencing the following~ a. Clearing and grubbing; i b. Completion of excavation; -17- SA 3/10/82 c. Installation of utilities, placement of backfill or classified backfill; First concrete pour; First placement of leveling course: First placement of asphalt; First placement of seal coat. do C. Surveys The. Developer shall furnish promptly to the Municipality copies of all surveys required for the comple- tion of the improvements. D. Express or implied approval by the Municipality of any report or inspection, shall not authorize any deviation from approved plans and specifications, or from the terms of this Agreement. 2.20 Progress Payments The Developer shall progress payments when due. pay its contractors all contract 2.21 Surveillance A. The Municipality may monitor the progress of t~e work and the Developer's compliance with this Agreement, and per- form any inspection or test which it deems necessary to determine whether the work conforms to this Agreement. B, If the Developer fails to notify the Municipality of inspections, tests, and construction progress, as required by Section 2.19, the Municipality may require, at the Developer's expense, retesting, exposure of previous stages of construction or any other steps which the Municipality deems necessary to determine whether the work conforms to this Agreement. C. Any monitoring, tests, ~r inspections that the Municipality orders or performs pursuant to this section, are -18- SA 3/10/82 solely for the benefit of the Municipality° The Municipality does not undertake to test or inspect the work for the benefit of the Developer or any other person. 2.22 Stop Work Orders A. If the Municipality determines there is a substan- tial likelihood that the Developer will fail to comply, or if the Developer does fail to comply with this Agreement, the Municipal- ity may stop all further construction of improvements by posting a stop work order at the site of the nonconforming construction and notifying the Developer or its engineer of the order. B. A stop work order shall remain in effect until the Municipality approves: Arrangements made by the Developer to remedy the nonconformity; and Assurances by the Developer that future noncon- formities will not occur. C. The issuance of stop work order under this section is solely for the benefit of the Municipality. The Municipality does not undertake to supervise the work for the benefit of the Developer or any other person. NO suspension of work under this section shall be ground for an action or claim against the Municipality, or for an extension of time to perform the work. D. The Developer shall include in all contracts for work to be performed, or materials to be used under this Agreement, the following provision: The Municipality of Anchorage, pursuant to a sub- division agreement on file with the Municipal Clerk and incorporated by reference herein, has the authority to inspect all work or meterials under this contract, and to stop work in the event that the work performed under this Agreement fails to comply with any provision of the subdivision agree- ment. In the event that a stop work order is issued by the Municipality of Anchorage, the cos- tractor shall immediately cease all work and await further instructions from the Developer. -19- SA 3/10/82 2.23 Access The Municipality shall have access to all parts of the subdivision necessary or convenient for monitoring the Developer's performance, inspecting, surveying, testlng, or per- forming any other work. 2.24 Maintenance A. Until the Municipality accepts the improvements, the Developer shall maintain all existing roads within the subdivi- sion that are necessary for access to property not owned by the Developer. For the purposes of this subsection, existing roads are roads that physically exist, aa distinguished from mere rights-of-way dedicated for road purposes. The maintenance required by this subsection includes cleaning, effective dust control measures, snow removal, end similar activities, but does not include repair, replacement, or reconstruction. B. The Developer shall repair or pay the cost of repairing damage to any improvement that Occurs prior to the Municipality's acceptance of the improvements, except for damage caused solely by the Municipality, its agents, employees, or contractors. The Developer shall give reasonable notice to the Municipality before undertaking the repair of the damaged improvement. 2.25 Operation of Improvements Prior to Acceptance A. Before the Municipality accepts the improvements, the Municipality may enter upon, inspect, control, and operate any improvement if the Municipality determines that such action is necessary to protect the public's health, safety, and welfare. B. The action described in subsection A of this section shall not constitute the acceptance of iany improvement by the Municipality, nor 8hall the action affect in any way the Developer's warranty under this Agreement. -20- SA 3/10/82 2.26 Time A. Ail improvements required by this Agreement shall be completed within two (2) years of the date of e×ecution hereof. Bo The Developer shall begin actual construction of improvements required under this Agreement in accord with the Developer's work schedule as approved by the Municipality. C. ~1£ the Developer is delayed by an act or omission of the Municipality not otherwise authorized under this Agreement, or by changes ordered in the work, labor, disputes, fire, delays in transportation, casualties, or other causes beyond the Developer's control, or by any cause which the Municipality in its discretion determines to be adequate to justify the delay, %he time of completion of construction under this Agreement may be extended for a reasonable time, which shall be determined by the Municipality pursuant to Chapter 21.87 of the Anchorage Municipal Code. No extension shall be granted unless the Developer gives notice in writing to the Municipality within ten (10) days after the occurrence of %he cause for delay. In the case of a continuing delay, only one notice is required. -21- SA 3110/82 ARTICLE III ACCEPTANCE OF IMPROVEMENTS 3.01 Prerequisites to Acceptance The Municipality shall not accept the improvements until all the requirements of Sections 3.02 through 3.05 have been met. 3.02 Monuments and As-Built Drawings A. Upon completing the improvements, the Developer shall replace lost lot corners and monuments and shall monument the centerlines of all required paved ~treets with monuments of at least one-foot rebar and alcap at points of curvature, ends of curvature, intersections, and centers of cul-de-sacs in accord- ance with ~chorage Municipal C~de, Section 21.85.025 and any standards established thereunder. B. No later than 60 days after the final inspection and certification under Section 3.05F, the Developer shall provide the Municipality with one acceptable set of reproducible mylar as-built drawings for each improvement. The as-built drawings shall be certified by e professional eagineer registered under the laws of the State of Alaska to represent accurately the improvements as actually constructed. 3.03 Certificate of Compliance The Developer shall furnish the Municipality with a cer- tificate of compliance for the work performed under this Agree- ment, in the form prescribed by the standard specifications of the Municipality in effect at the time of execution of this Agreement. 3.04 Conveyance of Easements end Rights-of-Way to Municipality The Developer shall convey to the Municipality any ease- ment, right-of-way, or other property interest necessary to allow -22- SA 3/i0/82 access to the municipal improvemenLs to operate, maintaln, or repair the municipal improvements. The Developer may condition the conveyance upon the Municipality's acceptance of the improve- ments. 3.05 Inspection A. Upon receiving notice that the Developer has completed the improvements, the Municipality shall schedule inspections of the improvements. The Municipality may inspect all improvements, and any other work in dedicated easements or rights-of-way. B. A privately owned utility may inspect any phase of work on an improvement of which it'is to assume control. C. The Municipality or appropriate privately owned utility shall inform the Developer in writing of any deficiencies in the work found in the course of its inspection. D. The Developer shall, at its own expense, correct all deficiencies found by inspections under subsections A or B of this section. Upon receiving notice that the deficiencies have been corrected, the Municipality or appropriate privately owned utility shall reinspect the improvements. E. The Municipality or appropriate privately owned utility may continue to reinspect an improvement until the Developer has corrected all deficiencies in the improvement. F. After a final inspection has revealed that all improvements and other work in dedicated easements and rights-of- way meet municipal standards, and each privately owned utility which is to assume control of an improvement certifies that that improvement or improvements are acceptable to it, and the Developer has furnished the as-built drawings required by Section 3.02B, the Municipality shall notify 'the Developer that all improvements have been accepted. -23- SA 3/10/82 1.06 Consequences of Acceptance of Improvements A. The Municipality's final acceptance of the municipal improvements constitutes a grant to the Municipality of ali. the Developer's right, title, and interest in and to the municipal improvements. B. By accepting the municipal improvements under this Agreement, the Municipality does not undertake to maintain any such improvement, unless obligated to do so by applicable stat- ute, ordinance, regulation, or tariff. 3.07 Developer's Warrant~ A. The Developer shall warrant the design, construction materials, and workmanship of the improvements against any fail- ure or defect in design, construction, material, or workmanship which is discovered no more than one year from the date the Municipality notifies the Developer of the acceptance of the improvements. This warranty shall cover all direct and indirect costs of repair or replacement, and damage to the property, improvements, or facilities of the Municipality or any other per- son, caused by such failure or defect or in the course of repairs thereof, and any increase in cost to the Municipality of oper- ating and maintaining a municipal improvement resulting from such failures, defects, or damage. B. The Developer's warranty shall not extend to any failure or defect caused solely by changes in design, construc- tion, or materials required by the Municipality. C. Except as provided in subsection B of this section, that the Municipality takes any action, or omits to take any action authorized in this Agreement, including but not limited to operation or routine maintenance of the improvements prior to acoeptance, or surveillance, inspections', review or approval of -24- SA 3/10/82 )lans, tests or reports, shall in no way limit the scope of the Developer's warranty. 3.08 Warranty Guaranty A, To secure the Developer's performance of the war- ranty under Section 3:07, the performance guaranty provided by the Developer under Section 2.02 shall remain in effect until the end of the warranty period, or the Developer shall provide a war- ranty guaranty by one or more of the methods described in Sections 2.03 through 2.06. B. The amount of th~ warranty guaranty shall be the percentage of the estimated cost of all improvements calculated pursuant to Section 2.02B, determined by the following table: Estimated Cost of Percent to Secure All Improvements Warranty 0-$500,000.00 10% $500,000.01-$1,000,000.00 7.5% $1,000,000.01 and over 5% 3.09 Municipality's Remedies Under Warranty A. The Municipality shall notify the Developer in writing upon its discovery of any failure or defect covered by the warranty in Section 3~07. The Municipality shall notify the Developer before conducting any tests or inspections to determine the cause of the failure or defect, and shall notify the Developer of the results of all such tests and inspections. B. The Developer shall correct any failure or defect covered by the warranty within thirty (30) days of receiving notice of the failure or defect from the Municipality. ~e Developer shall correct the failure or defect at its own expense and to the satisfaction of the Municipality. C. If the Developer fails to correct the failure or defect within the time allowed by subsebtion B of this section, -25- SA 3/10/82 the Municipality may correct the failure or defect at the Devel- oper's expense. If the Developer fails to pay the Municipality for the corrective work within thirty (30) days of receiving the Municipality's bill therefor, the Municipality may pursue any remedy provided by law or this Agreemsnt to recover the cost of the corrective work. .10 Conditions of Reimbursement A. If this Agreement requires the Municip~lity to reim- burse the Developer for all or part of the cost of an improve- ment, the reimbursement shall be conditioned upon the Developer's performance of all its obligations under this Agreement. B. Any reimbursement shall be subject to the approval of bonds and the appropriation of funds as required by law. If funds are not available at the time any reimbursement is due under this Agreement, the Municipality shall reimburse the Developer when funds become available. The Municipality shall not be liable for any delay in reimbursing the Developer due to the unavailability of funds, nor shall such delay constitute a breach of this Agreement. C. The Municipality may reimburse the Developer in installments, and in such event, any unpaid balance shall bear interest at the rate paid on bonds sold to financs the reimburse- ment. 3.11 Completion of Performance: Release of Warranty A. The Municipality shall inspect the improvements at or before the end of the warranty period, and before releasing any performance guaranty or warranty guaranty then in effect The Developer shall correct any failure or defect in the work revealed by the inspection as required by Section 3.09. B. On the Developer's satisfactory performance of all its obligations under this Agreement, the Municipality shall exe- -26- sA 3/10/s2 cute a written statement acknowledging such shall release any remaining security posted under this Agreement. -27- by the Developer SA 3/10/82 Voyles Subdivision, Block I File No. 86-1 ARTICLE IV IMPROVEMENT REQUIREMENTS 4.0~ ~mprovements Required The Developer shall design, construct, and install the improvements specified in this article. The Developer shall bear the cost of all the improvements, and ia entitled to reimburse- ment therefore only as provided in this article. 4.02 x ) Street, Alleywayt Monumentation~ Waterway~ Traffic ~ontrolI Street Llghtingl Street Name Signingt an~ Drainage Improvements (Mark the appropriate alternative with an X.) A. Street improvements shall be provided in accordance with Titles 21 and 24 of the Municipal Code, a~d the standard specifications of the Municipality. The Municipality shall reimburse 100% of the cost of arterial streets and 66-2/3% of th~ cost of collector streets where the arterial or collector streets are located in an area where the Municipality provides street maintenance. The Developer shall pay 100% of the cost of all other street, alley and walkway impro- vements. The cost of all street, alley and walkway improvements is estimated to be $601000.00. (1) List street, alley and walkway improvements other than collector or arterial streets for which the Developer is not entitled to reimbursement: a) Chandelle Drive will be constructed to Municipal Standards in its entirety from the east boundary of Lot 12 to meet and match the existing paving east of Lot 6 as a 24' wide strip paved street on a gravel base, the top width of gravel shall be 28' with a residential eyebrow having a 41.5 foot radius to back of curb/edge of.pavement as shown on typical section no. 114 of the Municipality of Anchorage Standard Specifications. b) Chandella Drive aka Dolly Avenue will be constructed to Municipal Standards in its entirety from the east boundary of Lot 12 to Graybill Street including the intersection as a 24' wide strip paved street on a gravel base, the top width of gravel shall be 28' as shown on typical section no. 114 of the Municipality of Anchorage Standard Specifications. (2) An erosion and sediment control plan as required in Title 21, Section 21.85.140 shall be submitted and will be considered an integral part of the street design. (3) The estimated cost of street, alley and walkway improvements for which~ the Developer is not entitled to reimbursement is $60,000.00. -20- Voyles Subdivision, Block I File No. 86-1 (N/A) (X) The Municipality shall reimburse the Developer for arterial and collector streets as provided in subsec- tion A of this section. (1) List arterial streets for which the Developer shall be reimbursed: (2) The cost of the reimbursable arterial streets is estimated to be $ (N/A) D. ( x ) E. (3) List collector streets for which the Developer shall be reimbursed: (4) The cost of the reimbursable collector streets is estimated to be $ Drainage and waterway improvements shall be provided in accordance with Municipal design standards. (1) Describe the drainage system and waterway impro- vements for the subdivision. An adequate drainage system, which may include necessary storm drainage faci'lities as described in Title 21, Section 21.85.140, shall be required. The drainage facilities shall accom- modate lateral and upstream contribution, as well as subsurface flows which are exposed durim construction, and an approved drainage outfal shall be provided. (2) The cost of the drainage system and waterwa improvements is estimated to be $3~200.00. In areas where the Municipality provides drainag maintenance, the Municipality shall reimburse that part of the storm drain improvements for the sub- division that is attributable to oversizing required by the Municipality. Oversizing means construction'of a quality or dimension greater than that necessary to serve the subdivision alone. (1) Describe the oversizing of storm drain improve- ments required by the Municipality. (2) Developer's share of the cost of storm drair facilities necessary to serve this subdivision is estimated to be $ (3) The costs attributable to oversizing shall be the Developer's construction costs attributable to the oversizing of storm drain improvements in the subdivision; plus a proportionate share of the Developer's engineering costs incurred in rela- tion to the storm drain improvements in accor- dance with Attachment B; plus a proportionate share of three percent of the Developer's construction costs for the storm drain improve- ments. The Municipality's share of storm drain oversizing cost is estimated to be $ Traffic control devices, excluding electronically timed signals, shall be installed in accordance with the Municipality's design criteria and construction standards. The cost of these improvements is esti- mated to be $150.00. -29- Voyles Subdivision, Block I File No. 86-1 (N/A) F. Street lighting shall be provided as required under the Anchorage Municipal Code, Chapter 21.85, and shall be in accordance with the Municipality's design cri- teria and constructtoa standards. The cos.t of these improvements is estimated to be $ -- -- ( X ) G. Monumentation shall be provided as required by Section 3.02 of this AGreement, and shall be in accordance with the Municipality's surveying requirements and procedures. The cost of these improvements is esti- mated to be $,~r900.00. (×) H. Street name signs shall be provided in Accordance with the Municipality's design criteria and construction standards. The cost of these improvements is esti- mated to be $150.00. 4.03 Sanitary Sewer Improvements (Mark the applicable alternative with an X.) (N/A) A. Sewer system improvements shall be provided in accor- dance with an agreement with the Anchorage Sewer Utility, incorporated by reference herein. The esti- mated cost of tile sewer system is $ (x) A sanitary sewer system need not be provided by this Developer. However, any lot, parcel or tract upon which any building or structure is built after the execution of this Agreement, and which lot, parcel or tract is not served hy a sanitary sewer system, shall be served by the builder as an on-site sanitary system conforming to Municipal Standards. 4.04 Water System Requirements (Mark the applicable alternative with an X.) (N/A) A. Water system fmprovements shall be provided in accor- dance with an agreement with the Anchorage Water Utility, incorporated by reference herein. The total cost of the water system is estimated to be $ (1) The Developer's total water facility cost, lncludil)g connection fees, under this Agreement is estimated to be $ (2) The Municipality's cost share of water facilities is estimated to be $ (N/A) The Developer shall execute an agreement with a pri- vately owned utility company or otherwise provide for the installation of a water system to serve all lots, parcels and tracts which are part of the subdivision. The Developer's total water system cost is estimated to be $ (x) A water supply system need not be provided by this Developer. However, any lot, parcel or tract upon which any building or structure is built after the execution of this AGreement, and which lot, parcel or tract is not served by a water system, shall be served by the builder as an on-si:ts system conforming to Municipal Standards. Voyles Subdivision, Block ] File No. 86-1 4.05 Electrical Facilities (Mark the applicable alternative with an X,) (N/A) A. Electrical improvements shall be provided in accord- ance with an agreement with the Municipal Light and Power Utility, incorporated by reference herein. The total cost of the electrical system serving the sub- division is estimated to be $ (1) The Developer's cost share of electrical facili- ties within the subdivision is e~timated to be (2) The Municipality's cost share of electrical faci- lities within the subdivision is estimated to be $ ( X ) B. The Developer shall execute an agreement with a priva- tely owned utility company or otherwise provide for the installation of an underground electrical system to serve all lots, parcels and tracts which are part of this subdivision except insofar as the applicable APUC tariff does not provide for service to the sub- division° The Developer's total electrical system cost is estimated to be $7r000.00. 4.06 Telephone Facilities (Mark the applicable alternative with an X.) (N/A) A. Telephone improvements shall be provided in accordanc~ with an agreement with the Anchorage Telephon~ Utility, incorporated by reference herein. The total cost of the telephone system serving the subdivision is sstimated to be $. (1) The Developsr's cost share of telephone facili- ties within the subdivision is estimated to be $ (2) The Municipality's cost share of telephone faci- lities within the subdivision is estimated to be ( X ) B. The Developer shall execute an agreement with a pri- vately owned utility company or otherwise provide for the installation of an underground telephone system to serve all lots, parcels and tracts which are part of this subdivision except insofar as the applicable APUC tariff does not provide for service to the sub- division. The Developer's total telephone system cost is estimated to be $71000.00. 4.07 Deletion of Improvements The following improvements are deleted from the require- ments of this Agreement under either a variance approved by the Platting Board, a waiver by the Department of Public Works, or by reason of inapplicability to the subdivision. The description and limits of the improvements deleted ere as follows: -3 l- Voyles Subdivision, Block I File No. 86-1 Not Applicable .08 Attachments Included The following documents, whether or re integral parts of this Agreement: not attached hereto, (Mark.applicable documents with an X.) X Final Plat, Attachment A Engineering Fee Schedule, Attachment B -32- Voyles Subdivision, Block I File No. 86~1 4.09 Special Provisions The subdivider shall confer with local postal authorities to determine locations of cluster mailboxes. If clustering or special locations are specified, provisions shall be included in the development plans. No less than seven days prior to any construction, the developer shall give written notice to all property owners abutting any rights-of way or easement where the developer is to construct the public improvements required by this agreement. IN WITNESS WHEREOF, the parties, hereto have set their hands on the date first set forth above. MUNICIPALITY OF ANCHORTE DEVELOPER -33- Voyles Subdivision, Block I File No. 86-1 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) CHIS IS TO CERTIFY that on this ~.~ day of , 19~ , before me, the undersigned, a Notary Public in and for the State of Alaska, ~ly GQmmissioned and sworn as such, personally appeared ~;~'/~/~( , known to me to be the individual named herein who exsduted the foregoin0 instru- ment, and s/he acknowledged that s/he did so freely and volun- tarily for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said ins~rument. WITNESS my hand and official seal the day and year in this certificate first above written. STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) , 198~ , before me, the undersigned, a Notary Public in and for the State of Alas~a,_duly commissioned and sworn as such, personally appeared /~.~.,/~/ , known to me to be the ~l~a'rbaPo~uc~-~$ for the Municipality of Anchorage, Alaska, the corporation that executed the foregoing instrument, and he acknowledged to me that he executed said instrument as the free and voluntary act and deed of said cor- poration for the uses and purposes therein mentioned, and that he WITNESS my hand and official first above written. sea~,~m~%,~,day and year -,,"k~- ............ %~ ......... ~, w -34- 222 O0~ / / 325 PORTION OF LOT 21, ~1 ?-4 I~.~ I VOYLES SUBDIVISION S~S EN~INEERIN~ AVE ~ / P.E~.~..~.~S8130A OCT 2, 1985 MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION Environmental Health Division CASE REVIEW WORKSHEET CASE NUMBER: DATE RECEIVED: COMMENTS DUE BY: S-8130~t~ February 23, 1987 March 16, 1987 SUBDIVISION OR PROJECT TITLE: Voyles Subdivision - Condition of Approval modification and time extension ( ) PUBLIC WATER AVAILABLE ( ) PUBLIC SEWER AVAILABLE ( ) COMMUNITY WATER AVAILABLE COMMENTS: '2/~ .~ ~ ~j , 71-014 (Rev. 5/83) ROBERTA. SHAFER February 16, 1987 CIVIL ENGINEER 694.2979 HEALTH AUTHORITY APPROVALS SEWER & WATER MAIN EXTENSIONS SEWER & WATER INSPECTION ENGINEERING STUDIES AND REPORTS WELL INSPECTION & FLOW TEST SITE PLANS ROAD DESIGN SOILTEST PERCOLATION TEST STRUCTURAL& MECHANICAL INSPECTIONS ON SITE WASTE WATER DISPOSAL SYSTEM DESIGN Muni~ipa~ty of Anchorage Platting and Zoning Department 632 W~st Sixth Avenue Anchorage, Alaska 99501 ATTENTION: Jerry Weaver REFERENCE: S-8130A Voyl~ Subdivision D~ar Jerry, As you know the referenced subdivision has been plagued with many d~lays and complications. Twice during the dev~opment phase and prior to the Plat~ting Authority aating on the pr~Lminary plat we were forced to withdraw our petition to allow for changes requested by the adjoi~ng subdivision (Chand~e A~res). The pr~ninary plat was approved on October 2, 1985. The road construction drawings were prepared and approved for construction. All signature~ were obtained and sign-offs of thc summary of ae~on w~re completed and when we thought we were almost ready to file the final plat for recording we found ourselves faced with another stumbling block. The owners of Lot 21, Chand~e Acres (Andy and Gale Zywot) were involved with thc dev~opers and had agreed to provide an access for construation of the road across the corner of their property. Due to a subsequent domeslic disagreement between the Zywots and the developer of this subdivision both Mr. and Mrs. Zywot forwarded a letter to your office requesting that their signatures on the plat be withdrawn. The Zywots then sold Lot 21; Chand~e Acres and the new owners fe~ no obligation to honor Zywot's original committment. Negotiations with the new owners of Lot 21~ Chand~lle Acres have failed to consummate any form of an agreement. As you and I had discussed in your office several weeks ago I have worked with J~ Lampson, Department of Public Works, on the development of an acceptable alternate road a~g~nent which completely e~inate~ the need for any access through Lot 21~ Chand~lle Acres. The overall layout of the subdivision remains basically unchanged with only slight changes in lot size and lot configuration on the northeast side ~f the subdivision, The vacation of Chande~e Drive where it joine~ Grayb~ Street ~cross t~e Chand~e Airship is also slightly revved and still meets thc original intent of ~liminating a through road across the air strip. SRB 196X EAGLE RIVER, ALASKA 99577 page two S-8130A Voyles Subdivision February 16, 1987 Request you seek an extenSion from the Platting Authority for fi~ng the final plat and inform the Board, if necessary, of the minor changes which we need to make prior to filing the final plat. Attached as en~osur¢ I is a copy of the original plat approved on October 2, 1985 and attached as enclosure 2 is a pr~inary plat showing the re-configuration as required by changes in road alignment. If yo~re additional information, ~ R~S/ss ' please contact us. Enclosur~ 2 cc: John and Dolly Graybill 4 § 6 rZ p.~, ~,. ~.* 88130A OCT 1985 VOY/ES SUBDIVISION SO~S ENGINEERING SR 0 196 X , EAGLE RIVER,AK. 99577 (go7) G=J4- 297g 7 3 2 .4 5 7 CHANDELLE DRIVE / 6 $ MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMFNTAL PROTECTION Environmental Health Division CASE REVIEW WORKSHEET CASE NUMBER: DATE RECEIVED: COMMENTS DUE BY: S-8130 July 17, 1985 July 19, 1985 SUBDIVISION OR PROJECT TITLE: Voyles Subdivision - With Vacation & Varinace (Revised) ( ) PUBLIC WATER AVAILABLE ( ) PUBLIC SEWER AVAILABLE ( ) COMMUNITY WATER AVAILABLE COMMENTS: 71-014 {Rev, 5/83) ROBERTA. SHAFER June 23, 1985 CIVIL ENGINEER 694-2979 HEALTH AUTHORITY APPROVALS SEWER & WATER MAIN EXTENSIONS SEWER & WATER INSPECTION SYSTEM DESIGN WELL INSPECTION & FLOW TEST SITE PLANS ROAD DESIGN SOIL TEST PERCOLATION TEST STRUCTURAL& MECHANICAL INSPECTIONS Municipality of Anchorage Department of Health and Environmental 825 L Street Anchorage, Alaska 99501 Protection ATTENTION: Susan Oswalt REFERENCE~ Case 8130; Voyles Subdivision Attached are the additional soils as requested review of the referenced Subdivision. in your If we may be of further service, please contact us. /RJ~BERT A. SHAFER, P.E. As/ss cc: Municipality Platting and Zoning ATTENTION: Jo Ann B. Contreras ON SITE WASTE WATER DISPOSAL SYSTEM DESIGN SRB 196X EAGLE RIVER, ALASKA 99577 ~'n reviewing tbe prepe~ed s~divis~_on ea~e~ ~he Co.unity Planning ~ta~f ha~ foun~ i~ t~ ~e de£icien~ in supply±~g or s~owi~g the following required information (Land Use Regulation Sec. 21.15.110(B): 1. ZONING 5. TITLE BLOCK ERRORS 2. EXISTING EASI~MENTS 6. D}~FTING ERRORS OR OMMISS£ONS 3. PUBLIC IMPROVEMENTS 7. FLOODPLAINS AND WATER AREAS UTILITY LINES 8. EXISTING STRUCTURES OR FEATURES WATER 9. PERIPHERAL AREA INFOR~ATION SEWER 10. TOPO DATA ~f the def±cient ~~ X~ ~ ~ ~ ~h~ ~g ~ Department Y ~.-..-, 7~.~, ~he Platting Officer shall disqualify the App~cation and close the case file in accordance with Sec. 21.15.115(A.) unless we receive a written request for post- ponement or withdrawal of this matter. Please keep in mind that any new information must be submitted with enough copies to supply the necessary reviewing agencies (15). If you have any questions, please let us know. Sincerely, ~erry T. Weaver, Jr. Platting Officer cc: File jw3/nl4 './O/LES SUBD 1975 880 $ Eh g EAST 661.01' 21.5.00 o0 20~ D E 165.00 4 4 2 ~/62 190.00 ' O' U E 43 ~i'OU S.F 43 ~700 S. E 190 O0 ' 225.00~ 0 2 46~504 S.E 0 48~436 S,F .... 1:)8.86 FtAIvllLTON 225.00 -- 180, O0 4~,~I4 S.F ~0' ~E 2oo oo 46~000 S.F 200.00 ~- I0 41 ,400 S.R , ~ 221 OI 55~.908 S.F 0 W sl ~0' U E 54~122 SF PERFORMED FOR: LEGAL DESCRIPTION: 1 2 3 4 5 6 7 8 9 10- 11 13 14 15- 16- 17- 18- 19- 20- COMMENTS PERFORMED BY: 72-008 (6/79) [] SOILS LOG MUNICIPALITY OF ANCFIORAGE DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION 825 L. Street, Anchorage, Alaska 99501 264-4720 SOILS LOG- PERCOLATION TEST [] PERCOLATION TEST SLOPE SITE PLAN No. 1457-E WAS GROUND WATER ENCOUNTERED? IF YES, AT WHAT Gross Net Depth to Net Reading Date Time Time Water Drop PERCOLATION RATE TEST RUN BETWEEN PI4.6~4-29~9 · FT AND ,(minutes/inch) FT CERTIFIED BY: 0ErEGEOTECHNIC'A'I2 E? DEVELOPMENT CO. Box 90, Davis St., Eagle River, Alaske 99577 694-2774 or 688-2280 Russell Oyster Earl EII/~ 694-2774 SOIL LOG 688-2280 Soils 8 Foundations [.and Development Performed for: Name: ,, , ,~)m, !,, ,_,~ ~.,b, i] Tel, Legal Description: L~l;~;m ,,. ?~'~ ~,,'v]~;~,., ',~:~m;-~ ,.v '-2J'~~~~ 6 8 10.~ 11, W~.%or ,,r~,,,,-' n~,.,~ .~ ~ ,, ' ~)t,o pit ro,~cz:~._L.y' ~,'L 10 .*:eot. 13 16 Ground Water Encountered: Yes :<~ No If Proposed Installation: Seepage H~_:DrMn Field Performed by: Date: mu,' ':~,5, 1.9'?:, PERFORMED FOR: LEGAL DESCRIPTION: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 COMMENTS [] SOILS LOG MtJNIClPALITY OF ANCHORAGE DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION 825 L, Street, Anchorage, Alaska 99501 264-4720 SOILS LOG - PERCOLATION TEST [] PERCOLATION TEST / SLOPE SITE PLAN WAS GROUND WATER IF YES, AT WHAT DEPTH? Reading ~-- Net Depth to Net Time Water Drop PERCOLATION RATE (minutes/inch) PERFORMED BY: 72-008 (6/79) CERTIFIED BY: O El' EGEOTECHNI'CAE ,,-cz DEVELOPMENT CO. Box 90, Davis Sl, Eagle River, Alaska 99577 694-2774 or 688-2280 Russell Oyster Earl Ellis 694-2774 S_.O I.~L L O.~_G 688-2280 Soils ~ Foundations Land Development Legal Description ' ' - De~h~ee_~. ~hara~~ 6 16 Ground Water Encountered: Yes :':;~: No If yes, what depth_ Proposed Installation: Seepage Pit~ [ Drain Field :{';(' , . PERFORMED FOR: LEGAL DESCRIPTION: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O COMMENTS SOILS LOG MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION 825 L, Street, Anchorage, Alaska 99501 264-4?20 [] PERCOLATION TEST SOILS LOG-- PERCOLATION TEST ~S I~T E PLAN WAS GROUND WATER .~ S ENCOUNTERED? ~-?d~ ~ P E IF YES, AT WHAT DEPTH? Gross Net Depth to Net Reading Date Time Time Water Drop PERCOLATION RATE ~'-(~ (minutes/inch) PERFORMED BY: 72-008 (6/79) CERTIFIED BY: DATE: [] SOILS LOG MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION 825 L, Street, Anchorage, Alaska 99501 264-4720 SOILS LOG - PERCOLATION TEST [] PERCOLATION TEST PERFORMED FOR: LEGAL DESCRIPTION: 1 2 3 4 5 6 7 8 9 SLOPE /' SI~E ~PLAN 10 11 12 13 14 15 16 17 18 19 2O WAS GROUND WATER [%.-.I ENCOUNTER ED? I ~C) SL --O P IF YES, ATWHAT _ --. DEPTH? Gross Net Depth to Net Reading Date Time Time Water Drop PERCOLATION RATE ~0 (minutes/inch) SOILS LOG .~ :% MUNICIPALITY OF ANCHORAGE · ' [] PERCOLATION e '~ DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION i TEST /I 82.5 L, Streetr Anchorage, Alaska 99601 2.64-4720 ,~,\ ~:r// SOILS LOG - PERCOLATION TEST //SCOPE SITE PLAN 2 7 8 9 WAS GROUND WATER ENCOUNTERED? 12 ~ ~r IF YES, AT WHAT t'~ DEPTH? 13 14 15 16 17 18 19 2O COMMENTS Gross Net Depth to Net Reading Date Time Time Water Drop PERCOLATION RATE ---'~"-~O (minutes/inch) MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEAL'TH & ENVIRONMENTAL PROTECTION Environmental Health Division CASE REVIEW WOFIKSHEET CASE NUMBER: DATE RECEIVED: COMMENTS DUE BY: S-8130 April 25, 1985 May 17, 1985 SUBDIVISION OR PROJECT TITLE: Lots 1 - 13 Block 2 ~oyles with Vacation and Variance ( ) PUBLIC WATER AVAILABLE ( ) PUBLIC SEWER AVAILABLE ( ) COMMUNITY WATER AVAILABLE 71-014 (Rev. 5/83} S & S Engineering Municipality of Anchorage PLATTING BOARD AUTHORITY APPLICATION FOR VARIANCE Applicant SRB 196X, Eagle River Address Phone Nun, Per 694-2979 Legal Description of Property Involved: Voyles Subdivision Present/Future Use of Property Voyles Subdivision DO NOT WRITE IN THIS SPACE Date Received Case No ._ Approved Conditions Hearing Date ACTION Denied This is a request for a variance from Section 2 1 . 80.0 z~.,~ of tile Land Subdivision Regulations. This variance is for: Hamilton Street and Hamilton Court which extends_more tka3~OD ~?eet to a cul-de-sac A. The existing situation is: none 8. The gran ing of this petition would permit: Road access to lot 1-12; block 2' ..... V_p~ les subdivision Road access across a private air field would be required and construction of Dolly Avenue which is not req~j.~d serve t~- Subdivision 2. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated for the following reasons: will protect'users of a private air field 3. That such variance will not have the effect of nullifying the intent arid purpose of this ordinance or the Comprehensive Plan of the Municipality for the following reasons: This situation is common ~n t~A.area and exists in.the .... adjoining subdivisions of Chandelle Acres and Northwoods 4, The above listed special conditions or circumstances do not result from the action of the applicanl and such conditions o~ Road--s acrP~s the~p~i~a~_e_~irfield i.~ a_~af~ty~aza~d _ that is n~o~necessary for development Address 0 5 1985 Address 20004 (1/77) OEr EGEOTECHNI'CAE Er DEVELOPMENT CO. Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 688-2280 Russell Oyster Ear/EIII~ 694-2774 SOIL LOG 688-2280 Soils ~ Foundations Lend Development Perfomed for: N~me: ~'~.~' /5 So] Cha acteristtc% 8 10 Ground Water Encountered: Yes ...... No ~,( If yes, what depth Proposed Installation: Seepage P'lt_~_~_ Drain Field Performed ly.) ' Date: :~l. 2,;, 1,9'?'/ ,., ~ ]_ ~ 0 J lJ N 0 !.5 1985 OErE COo GEOTECHNI"CAE 8 DEVELOPMENT Box 90, Davis St., Eagle River, Alaska 99577 r. 694-2774 Or 688-2280 Earl Ellis Russefl Oyster 688-2280 694 2774 ~0!L LOG Land Development Soils 8 Foundations Perfo.~ed for: Name 0 2~ 4 6 16 ........... }3ore%oral ,oF pit: Water Encountered: Yes · , ~Proposed InStallation: See]p~ge No~...~x~x: If yes, what' depth .... Drain Field 0SE CO. GEOTECHNI'CAE 8 DEVELOPMENT Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 688 2280 Earl Ellis Russell Oyster 698-2280 694-2774 S] I L~L0~6 Land Development Soils ~ Foundations 1 2 6 7 8 Ground Water Encountered: Yes_"'~':~_,No~_ If yos~ what depth Proposed Installation: Seepage Ptt._~_~ Drain Field ].r~:,crl the sm~o, Hat;m'5,'~]s var:7 dont~(~ a'k'. Bho Perfm~ed by: .......... O EtE GEOTECHNI'CAE Et DEVELOPMENT CO. Box 90, Davis St., Eagle River, Alaska 99577 694-2774 et 088-2280 Russell Oyster Ear/El~is 694-2774 fOIL LOG 688-2280 Soils E~ Foundations Land Development 'Performed for: Name: Legal Description: .It, o;:. ~,-~ ..~!.e ~,, vo,~ os ':~;!:,~-', ,~.-', ;?..p~; Do~ ~cteM sttc_,t ~., ;5.] t So~x;oJ.'[ 'nS.i;h ,"0o%5 ': ! o'z'!,:~.n5 eso :75 6 P, oN:oi,~ oJ' p:N; Ground Water Encountered: Yes Now~,_. If yeS, what depth~.~_.~ Proposed Installation:' Seepage Plt~Drain Fteld~xx. ~ Perfomed by: .... Date: ~t,..~o.'~ ~5, ~9'/? GEOTECHNI'CA[ E~ DEVELOPMENT Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 688-2280 CC). Earl ['71is Russell Oyster 694-2774 SOIL LOG 688-2280 Land Development Soils ~ Foundations Performed for: Legal .es..... - ~,_( f~ Z~T ~ ~ql ] CharaCmteri s~ 8 Ground Water Encountered: Yes. No...~y,~,' ..... If yes, what depth Proposed Installation: Seepage Pit."--~_ Drain Fiold._~,~. O8'EGEOTECHNI'C'A'I2 8- DEVELOPMENT CO. Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 688-2280 Russell Oyster Earl Ellis 694 27'14 LOIL L0~G 688-2280 Soils [z Foundations Land Development Performed fop: Namo: ,.~ .... o}~ 5° cJp,,rM I1 Tel, No, '~, © Mai 1 tng Add~ess: u~ c,, ~o:.: '~;~_ c~,~,~:~ __,).)~L~ k~;,),.~'~ ............ 6 .~Jo',t.om of Ground Water Encountered= Yes_.,':~ .... No ......... If yes, what Proposed Installation: Se'~page Pit____ Drain Field/~ .... - -. ~' ' ',' Performed by:.__. Date: oEtE GEOTECHNI'C'AE Er DEVELOPMENT Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 68B-2280 CO, Earl EIh~ Russell Oyster 688-2280 694-2774 SOIL LOG --~ I_and Development Soils D Foundations Mailing Address:~~. o, !i,?~x~_'~[~ d?~,~.,,',.~.__~ "o'77 ~-~ Legal uu~r,w ..... 275 s¢~o f'~o/13Ro 12 15 J-:o'L~:o?: of pS. I', ×× Ground Water Encountered: Yes. _ No ........ If yes, what Proposed Installation: Seepage Pit _Drdn Field Performed by: ...... Date: 0SE GEOTECHNI'C'At: 8' DEVELOP~VIENT Box 90, Davis St., Eagle River, Alaska 99577 694 2774 or 688-2280 Russell Oyster 694-2774 S~O[L LOG Soils ~- Foundatk)ns CO. Earl Ellis 688-2280 Land Development ~t0 C ~,(.,!il O'P 16 Groun~l Water Enco ntered: Yes .... No x_x ,=~ If yes, wh~t depth .... Prol~osed Installation: Seepage Pit~ Drain Fteld....~/;_~ Comments: :pit lllO.~$l~e,d ItD'v~t,o~tol'/ '~ x'15 ~i; 511 p-L~n aro:~. A').]. s~'Jr~ of tho Perfomed by' Date: ~xmO~ ~, t?'/'/ _ O 8' E GEOTECHNFC'AL: 8- DEVELOPMENT CO. Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 688-2280 Russell Oyster Earl Ellis 694-2774 SOIL LOG 688-2280 soils D Foundation~ Land Development 'd:,~O 8qo ft.~ /' <:{,, Ground Water Encountered: Yes ......... No ~5', If yes, what depth_ Proposed Installation: Seepage Pit__~ Drain Field.~.<~_ . Performed by: ........ Dote: Ap','_L ~%, 1077 O8-EGEOTF_CHNI'OAt: 8' DEVELOPMENT CO. Box 90, Davis SI., Eagle River, Alaska 99577 694-2774 or 688-2280 Russell Oyster Earl EIII~ 694 2774 SOIL LOG 688-2280 Soils 8- Foundations Land Development Performed for: Name:~ , Mailing Address: Legal Descr on:.~,o~: ~ ~ 0 6 lO 15 3_6 Ground Water Fncountered: Yes ...... No x?:. If yes, wh~t depth Proposed Performed by: __ __ OErE GEOTECFINICAL Er DEVELOPMENT Box 90, Davis St., Eagle River, Alaska 99577 694 2774 or 688-2280 CO. Russell Oyster Ear/Ellis 694-2774 SOIL L0~G 688-2280 Soils Et Foundations Land Development Performed for: Name: ~,' ~:~1 ~i~'~' Tel, Matltng Address:, Legal Description:. Depth, (feet) so11 Characteristtc~ Ground Water Encountered: Yes ........... No_.~_ ..... If yes, what depth____ Proposed Installation: Seepage Pit____Drain Field.~_. Co~nents: ~ : i Per'Formed by: . Date: : OS"E GEOTECHNICAL 8' DEVELOPMENT Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 688 2280 CO. Russell Oyster Earl Ellis 694-2774 SOIL LOG 688-2280 soils Et Foundations Land Development Perfo)'med for: Legal Description: o 2 6 50~ ~2~ __ 111., _ Name: ' Tel No Soil Characteristic~ Ground Water .ncountered. Yes Proposed Installation: Seepage Pit Comments: , No :' If yes, what depth~ Drain Field Performed by: Date: Er'E GEOTECHNI:CAL 8- DEVELOPMENT Box 90, Davis St., Eagle River, Alaska 99577 694-2774 or 688-2280 Russell Oyster 694-2774 Soils 8. Foundations Performed for: Legal Description: _Depth (feet) o ]. 2 7~ zo _ z6 SOIL LOG Name: ~ ,~,~ , ,., ~, ~el. No., Mailing Address: ~ . ,: :~,~ ,:~,~ ~ :. , ~ , ,Spil Characteristic, CO. Ear/EII/~ 688-2280 Land Development Ground Water ~ncountered: Yes ....... No ....... If yes, what depth Proposed Installation: Seepage Pit~__Drain Field ...... Comments Performed by: .  MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION Environmental Health Division CASE REVIEW WORKSHEET WATER QUALITY PROGRAM CASE NUMBER: DATE RECEIVED: COMMENTS DUE BY: 86--1 (S-8130A) January 27, 1988 February 15, 1988 SUBDIVISION OR PROJECT TITLE: Voyles Subdivision Agreement Time Extension ( ) PUBLIC WATER AVAILABLE { ) PUBLIC SEWER AVAILABLE ( ) COMMUNITY WATER AVAILABLE COMMENTS: 7%014 (Rev. 5/83} January 19, 1988 Graybill P.O. Box 670358 Chugiak, Alaska 99567 Jerry Weaver Municipality of Anchorage Department of Economic Development and Planning P.O. Box 196650 Anchorage, Alaska 99519-6650 Re: Voyles Subdivision Agreement Public Services Files No. 86-1 Dear Mr. Weaver: This letter is in reference to our conversation the other day. We are requesting an extension for two (2) years on our Subdivision Agreement. Due to the economy we feel it would be unfavorable to begin a subdivision now that property values are at an all time low. We feel that for the next two years we will be fortunate if the taxes and our very patient engineer, Bob Schafer - S. and S. Engineering, can be paid. The subdivision is really just off of the drawing board. No roads, utilities, or anything has begun on it. If there is any further question, please do not hesitate to contact us. Sincerely, "JOHN L. GRAY~'iLL DOLORES i'q. GRAYBILL Home: 688-9116 Work: 271-5035 399 Voyles Subdivision, Block I File NO. 86-1 NOTICE OF SUBDIVISION AGREEMENT public works File No. 86T~ Planning Case No. S-8130~ Zoning Of Subdivision: R-~7 Improvement Requirement Area: ( ) Urban ( ) Suburbsn (X) Rural ) Underground Utility Zone PLEASE TAKE NOTICE that pursuant to the provisions of Chapter 21.87 of the Anchorage Municipal Code, a Subdivision Agreement, dated ~-~- ~ ., has been entered into )etween the Municipality of Anohorage and Johq ~reybll~, the Developer. This Subdivision Agreement requires that the Developer construct and install certain public improvements, and it is available for public inspection at the Office of the Municipal Clerk, 632 West 6th Avenue, Anchorage, Alaska. NOTS~ This Subdivision Agreement does not create a lien on the property. The real property which is the subject of the Subdivi- sion A~reement is located in the Municipality of Anchorage and is described as: Tract B-l, Voyles Subdivision & Lots 21 & 22, Chandelle Acres Subdivision, Lot 3, Block 1, Voyles Subdivision, located within SW 1/4, Section 3, T15N, R1W, S.M., Alaska. A Preliminary Plat, which has not been filed for record, describes the real property (hereinafter the ..Subdivision") as: Voyles Subdivision, a subdivision of Tract B-l, Voyles Subdivision & Lots 21 & 22, Chandelle Acres Subdivision, Lot 3, Block 1, Voyles Subdivision, located within SW 1/4, Section 3, T15N, R1W, S.M., Alaska. A Final Plat for this Subdivision, which modifies the legaI description contained herein, may be filed for record pur- suant to the provisions of Chapter 21.15 of the Anchorage Municipal Code. This Final Plat will describe and identify all lots and parcels in this Subdivision.' Lateral and/or trunk Voyles Subdivision. Block I File No. 86-1 charges, if any. for each lot and parcel will be computed and agreed upon by the Developer pursuant to an Amendment to the Subdivision Agreement which will be recorded. Dated at Anchorage, Alaska, this ~ day of/~f~ , 19~_~. MUNICIPALITY.. ~'OF AN: ~DEVELOPE~?/~ /~. ~tun~ cipa~/C1 er k · :~'~p~'9 ICIAL DISTRICT ) ~,[It~j2..'}~'~ , 19~, before me. the undersigned, a Notary Public ..~:?and for the State of Alas~, dRly commissioned amd sworn as ~ ~l~;~6'h, personally appeared ~~~ , k~ows to me to :~' the individual named herein who ex'ecdted the foreooim~ instru- ~ ~ent, a~d s/he acknowledged that s/he did so freely and volun- ~ tarily for the uses and purposes therein mentioned, and om oath l WITNESS my hand and official seal the day and year this certificate first above ~itten. · "'~ ~ CU : ~'" . ,O'U ,?> '.. · d~;tt, %,,, . . ~.~'~, , ............. -2- Voyles Subdivision, Block I File No. 86-1 STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS TO CER,TIFY that on this ~ day of 198 ~., before me, the undersigned, a Notary ~blic in and ~'or the State of Alask.~ .~uly~comm]ssioned and sworn as such, ersonally appeared _ '/~%/~' /'//~-.~/~ instrument as the free and voluntary act and deed of said cor- poration for the uses and purposes therein mentioned, and that he was authorized to execute said instrument, official seal on the day and year ~OTARY pt~BL~C ir~,and fbi '--Alaska I 8 I 6 9 ^NCIItHt^CE REG. DIS[RICT REQUESTED ~Y_,, ~DRESS MUnicipality of AnchoragQ Publlo Servlcea -3- Voylee Subdivision, Block I File No. 86-1 SUBDIVISION AGREEMENT Public Works File No. 86-1 Planning Case NO. S-8130A Zoning of Subdivision R-7 Improvement Requirement ~rea: ( ) Urban ( ) Suburban (X) Rural ) Underground Utility Zone THE MUNICIPALITY OF ANCHORAGE (hereinafter the "Municipality"), a municipal corporation, and 'John Gr eybi ] 1. (hereinafter the "Developer"), enter into the following Agreement John Greybill executes this Agreement on behalf of the Developer. It is understood that the Developer is an individual, and that the person(s) who executed the Agreement on behalf of the Developer do(es) so in the capacity of owner. John Greybill warrants that he has the authority to execute this Agreement on behalf of the Developer. The parties to this Agreement shall accept notices at the following addresses and telephone numbers: DEVELOPER John Greybill P.O. Box 670358 Chugiak, Alaska 99567 (688-9116) MUNICIPALITY Municipality of Anchorage Department Of Public Works Private Development Section 3500 East Tudor Road Anchorage, Alaska 99507 786-8135 The real property which is subject of this Agreement (hereinafter the Property) is located in the Municipality of Anchorage and is described as: Voyles Subdivision, a subdivision of Tract S-l, Voyles Subdivision & Lots 21 & 22, Chandelle Acres Subdivision, Lot 3, Block 1, Voyles Subdivision located within SW 1/4, Section 3, T15N, R1W, S,M., Alaska. (This legal description is taken from the preliminary plat for the subdivision and may be subject to change after the recording of the final plat.) The Developer seeks the Municipality's approval of the final plat for the subdivision pursuant to Chapter 21.15 of the -1- Voyles Subdivision, Block I File No. 86-1 Anchorage Municipal Code. In consideration of the Municipality's approval of a final plat for the subdivision, the Developer agrees to co"~truct and install the improvements described in Article IV of this AGreement in accordance with all the terms, covenants and conditions of this Agreement. The Developer shall construct and install the following improvements: street, N/A sidewalk, N/A curb and Gutter X ~torm drain,'- X drainage, '-N/A ~al~way --' ' sanitary sewer, ~/~. w~ ~nn.------~TA street lightinG, traffic contr--~--devices, X street signs, other: The Developer estimates the cost of the improvements to be $79~500.09' Revised Estimates of Cost of all fmprovement~ Estimate D-at9 ARTICLE GENERAL PROVISIONS 1.01 Application of Article Unless this Agreement expressly provides otherwise, all provisions of this article apply to every part of this Agreement. 1.02 Permits', Laws, and Taxes The Developer shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to its performance under this Agreement. All actions taken by the Developer under this Agreement shall comply with all appli- cable statuteS7, ordinandes, rules, and requlations. The Developer ehall pay all taxes pertaining to its performance under this Agreement. 1.03 Relationship of Parties Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, or any contractor or sub- contractor of the Developer be deemed an agent, employee, or partner of the Municipality, or otherwise associated with the Municipality other than, in the case of the Developer, as an independent contractor. The Developer and its contractors and subcontractors shall not represent themselves to be agents, employees, or partners of the Municipality, or otherwise asso- ciated with the Municipality other than, in the case of the Developer, as an independent contractor. The Developer shall notify all its oontractors and subcontractors of the provisions of this section. 1.04 Engineer's Relation to Municipality Notwithstanding Section 2.08, 6r any agreement whereby the Municipality reimburses the Developer's engineering costs, an -3- SA 3/10/82 engineer retained by the Developer Agreement shall not be deemed an contractor of the Municipality, Municipality. to perform work under this agent, employee, partner, or or otherwise associated with the 1.05 Developer's Responsibility The Developer shall be solely responsible for the faith- ful performance of all terms, covenants, and conditions of this Agreement, notwithstanding the Developer's delegation to another of the actual performance of any term, covenant, or condition hereof. 1.06 Allocation of Liability The Developer shall indemnify and hold the Municipality harmless from any claim, action, or demand arising from any act or omission related to this Agreement in whole or in part of the Developer, his agents, employees, or contractors. The liability assumed by the Developer pursuant to this section includes, but is not limited to claims for labor and materials furnished for the construction of the improvements. 1.07 Disclaimer of Warranty Notwithstanding this Agreement or any action taken by any person hereunder, neither the Municipality nor any municipal officer, agent, or employee warrants or represents the fitness suitability, or merchantability of any property, plan, design, material, workmanship, or structure for any purpose. 1.08 Non-Discrimination A. In performing its obligations under this Agreement, the Developer shall not discriminate against any person on the basis of race, creed, color, national origin, sex, marital sta- tus, or age. -4- SA 3/10/82 B. In selling or leasing property or improvements in the subdivision, the Developer shall not discriminate against any person on the basis of race, creed, color, national origin, sex, marital status, or age. 1.09 Cost of Documents Ail plans, reports, drawings, or other documents that this Agreement requires the Developer to provide the Municipality, shall be furnished at the Developer's expense, 1.10 Public Utilities A, Any public utility service contemplated by this Agreement need be provided only to areas where the service is allowed by the Alaska Public Utilities Co~unission and applicable law. All utility service shall conform to the rules, regula- tions, and tariffs of the Alaska Public Utilities Commission. B. If the Alaska Public Utilities Commission disallows any utility service by the Municipality following execution of this Agreement, the provision of the disallowed service shall be deleted from the requirements under this Agreement without affecting any other part hereof. The disallowance shall not be grounds for any claim, action, or demand against the Municipality. 1.11 Time is of the Essence Unless otherwise expressly provided herein, time is of the essence of each and every term, covenant, and condition of this Agreement. 1.12 Assiqnments A. Except insofar as subsection B of this section spe- cifically permits assignments, any assignment by the Developer of its interest in any part of this Agreement or any delegation of -5- 3/10/85 the Municipality for any costs thus incurred. The Municipality may deduct any costs thus incurred from any payments then or thereafter due the Developer from the Municipality, whether under this Agreement or otherwise. Exercise its rights under any performance or warranty guaranty securing the Developer's obligations under this Agreement. Pursue any appropriate judicial remedy, including but not limited to an action for injunction and civil penalties pursuant to Title 21 of the Anchorage Municipal Code. 1.14 Non-Wai$er The failure of the Municipality at any time to enforce a provision of this Agreement shall in no way constitute s waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the Municipality thereafter to enforce each and every provision hereof. ,1.15 Interpretation A. Each document incorporated by reference herein is an essential part of this Agreement, and any requirement, duty, or obligation stated in one document is as binding as if stated in all. All documents shall be construed to operate in a complemen- tary manner and to provide for s complete project. B. If the terms of any of the documents and amendments thereto comprising this Agreement conflict, the conflict shall be resolved by giving the conflicting documents and amendments thereto the following order of preference: 1. Documents or sections titled "Special Provisions". 2. Article II of this Agreement titled "Constr~ction of Improvements", end Article II/ of this Agreement titled "Acceptance of Improvements". 3. Article I of this Agreement titled "General Provisions". 4. Documents incorporated under~ Article IV of this Agreement. -7- SA 3/10/82 5. Article IV of this Agreement titled "Improvement Requirements". 6. Any other document incorporated by reference herein. 1.16 Effect of Standard Specifications ne Standard Specifications of the Municipality of Anchorage in effect at the time this Agreement is executed, are incorporated by reference herein as minimum construction stan- dards for performance under this Agreement, except where this Agreement specifically provides otherwise; provided, however, that provisions in the S(andard Specifications describing the relationships and .responsibilities of parties to municipal construction contracts do not apply herein to the extent that they conflict with any provision of this Agreement. 1.17 Amendment The parties may amend this Agreement only by written agreement, which shall be attached as an appendix hereto. 1.18 Jurisdiction - Choice of Law Any civil action arising from this Agreement shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Anchorage. The law of the State of Alaska shall govern the rights and duties of the parties under this Agreement. 1.19 Severabilit¥ Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a court of competent juris- diction shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of the Agreement. 1.20 Integration This instrument, and any writings incorporated by reference herein, embody the entire agreement of the parties. -8- SA 3/10/82 Th is Agreement shall supersede all previous communications, representations, or agreements, whether oral or written, between the parties hereto. 1.21 Definitions Unless this Agreement expressly provides otherwise, the following definitions shall apply herein: A. "Improvements" means all work which the Developer is required to perform by this Agreement. B. "Municipal improvements" means improvements which are to be.dedicated to the Municipality pursuant to Chapter 21.80 of the Anchorage Municipal Code, or the final approval of a con- ditional use under Chapter 21.15 of the Anchorage Municipal Code, or which are to be operated and controlled by a municipally owned utility. C. "Municipality", for the purposes of administerin~ this Agreement, means the Director of the Department of Public Works of the Municipality, or his designee. D. "Acceptance" by the Municipality means a deter- mination that an improvement meets municipal construction stan- dards, and does not refer to accepting a dedication of the improvement by the Developer. -9- ARTICLE II IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES 2.01 Recording of Final Plat The final plat for the subdivision shall not be recorded until the Developer has submitted, and the Municipality has approved the performance guaranty required by Section 2.02. 2.02 Performance Guaranty A. The Developer shall guaranty, for the sole benefit of the Municipality, that the Developer will perform all of its obligations under this Agreement. The guaranty shall be in one of the forms specified by Sections 2.03, 2.04, 2.05, and 2.06. During the term of this Agreement, the Developer may, with the written consent of the Municipality, substitute for a performance guaranty submitted under this section another guaranty in the required amount and in one of the forms specified by Sections 2.03, 2.04, 2.05, and 2.06. B. Amount of Guaranty 1. The guaranty shall be in an amount equal to the estimated cost of all improvements, which shall be computed as follows. The Developer shall submit for the Municipality's approval, a cost estimate for each improvement required by this Agreement. The Developer's engineer shall pre- pare and certify all cost estimates. ~]e esti- mated cost of all improvements shall be the sum of the approved estimated cost of constructing each improvement, plus an overrun allowance upon that sum as follows: Total Estimated Cost of Constructing Improvements Overrun Allowance $0-500,000.00 20% $500,000.01-1,000,000.00 15% $ over 1,000,000.00 10% 2. If ~he Municipality finds that increases in construction costs, between the time the Municipality approves the estimated improvement costs under paragraph 1 of this subsection and the time of the improvemehts are completed, have rendered the approved estimated improve- ment costs unreasonably low, the Municipality -lO- SA may require the Developer to increase the per- formance guaranty to an amount equal to an approved estimated cost of all improvements based upon current construction costs. C. If the Developer is ,not in default under this Agree- ment, the Municipality may allow a reduction in the amount of the performance guaranty, or the amount secured thereby, not exceed- ing the difference between the estimated cost of all improvements and the current estimated cost of the work remaining to be per- formed under this Agreement; provided, however, that the amount of the performance guarantee, or the amount secured thereby always shall be greater than or equal to the amount of the war- ranty guaranty required by Section 3.08. D. As soon as one of the following occurs, the Municipality shall release any performance guaranty which has not been used or encumbered under Section 1.13: 1. The final acceptance of all improvements and ~he posting of warranty guaranty as provided in Section 3.07; 2. The expiration of the warranty period as pro- vided in Section 3.06; or 3. The expiration of a period of three years from the date of a declaration of default under Section 1.13. 2.03 Performance Bond The Developer may provide a performance bond from a com- )any qualified by law to act as a surety in the State of Alaska. The bond shall be in a form approved by the Municipality. The bond shall name the Municipality as the sole obligee and the Developer as the principal. 2.04 Escrow The Developer may deposit cash in an escrow with g bank )r financial institution qualified by law to do business in the State of Alaska. The disbursement of the~ escrowed funds shall be governed by an escrow agreement in a form approved by the Municipality. -ll- SA 3/10/82 2.05 Letter of Credit The DeYeloper may cause a bank or financial institution qualified by law to do business in the State of Alaska to issue an irrevocable letter of credit or loan commitment agreement to the Municipality ss beneficiary. The letter of credit or loan commitment agreement shall be in a form approved by the Municipality. 2.06 Deed of Trust A. The Developer may grant the Municipality a deed of trust to land in the Municipality, securi~%g the estimated cost of all improvements. The Municipality need not accept a deed of trust if the amount to be secured by the deed of trust exceeds the unencumbered value of the land subject to the deed of trust. The unencumbered value of a lot or parcel of land is the Municipal Assessor'~ most recent estimate of its value, less the amount of any outstanding encumbrances. B. The Municipalit'y shall release a lot or parcel from the deed of trust only if the Developer deposits cash, in the amount specified in subsection C of this section, in an escrow with a bank or lending institution qualified by law to do busi- ness in the State of Alaska. The disbursement of the escrowed funds shall be governed by an escrow agreement in a form approved by the Municipality. C. The amount to be escrowed under subsection B of this section shall be computed as follows: 1. Add the number of lots subject to the deed of trust that are no larger than one acre to double the number of lots subject to the deed of trust that are larger than one acre; 2. Divide the estimated cost of all improvements computed under Section 2.02 by this sum; 3. The quotient is the amounq to be escrowed for the release of a lot no larger than one acre; -12- SA 3/10/82 double the quotient is the amount to be escrowed for the release of a lot larger than 2.07 Prerequisites to Construction The Developer shall not obtain permits for the construc- ments until the requirements of Sections 2.08 through 2.14 have bean met. 2.08 Engineer A. The Developer shall retain an engineer, registered as a professional engineer under the laws of the State of Alaska, to design and administer the construction of the improvements, including preparing plans and specifications, inspecting and :ontrolling the quality of %he work, and preparing as-built data. The engineer shall perform %he work described herein in accord- ance with the Municipality's recommended procedures for con- sulting engineers. If this Agreement requires the Municipality to reimburse the Developer for engineering costs, the profes- sional fee sched'ule of the engineer shall be attached as an appendix hereto. B. The Developer shall inform the Municipality of the name and mailing address of the engineer he has retained to per- form the duties described in subsection A of this section, and agrees that notice to tha engineer at the address so specified regarding the performance of such duties shall constitute notice to the Developer. The Developer shall promptly inform the Municipality of any change in the information required under this subsection. 2.09 Plans and Specifications A. The Daveloper shall submit to the Municipality, in such form aa the Municipality may specify, all plans and specifi- cations pertaining to the construction of the improvements. -13- SA 3/10/82 B. The Developer shall submit to the Municipality proof that it has retained an engineer to perform the duties described in Section 2.08A. C. If the Municipality requires soils tests or other tests pertaining to the design of improvements, the Developer shall submit reports of the test results with the plans and spe- cifications. D. The Municipality shall approve the plans and speci- fications as submitted, or indicate to the Developer how it may modify them to secure approval within three weeks from either: (1) the submission of all plans and specifications for the improvements; or (2) the payment of the deposit required upon plan submission under Section 2.10, whichever occurs later. 2.10 p~o~ect Cost Deposit The Developer shall deposit with the Municipality the amounts required under Section 24.20.040 of the Anchorage Municipal Code. 2.11 Quality Control Pro~ram A. The Developer shall submit to the Municipality, in such form as the Municipality may specify, a quality control program for the construction of the improvements. B. The quality control program shall provid@ sufficient inspection and test procedures to determine compliance with all applicable plans, specifications, and safety requirements. The program shall include at least the following: 1. The frequency and type of all tests to be performed., 2. A list of all persons who will perform tests and inspections. 3. Procedures for coordinating:testing and inspec- tions with the Municipality, aed for providing -14- s~ ~/~o/s2 advance notice to the Municipality of all inspections and tests which the Municipality shall witness. Procedures for reporting quality control acti- vities, including discoveries of deficiencies in the work. ~.l~ Work Schedule A. The Developer shall submit to the Municipality, in such form as the Municipality may specify, a work schedule. B. The work schedule shall include a progress chart of a suitable scale, indicating the approximate percentage of work scheduled for completion at any given time. For each improve- nent, the schedule shall indicate starting and completion dates for the following~ 1. Clearing, grubbing, and removing of overburden. 2. Excavation, installation, and backfill and com- paction for each utility to be installed by the Developer. 3. Excavation, backfill, and compaction for street facilities other than paving. 4. paving 2.13 Materials A. The Developer shall submit, in such form as the Municipality may specify, detailed information concerning all naterials and equipment it proposes to incorporate into an improvement. B. Upon the Municipality's request, the Developer shall submit samples of materials or equipment it proposes to incor- porate into an improvement. 2.14 Liability~Ilnsg~anc~ The Developer shall provide proof that it has acquired the insurance required under the standard construction specifica- tions of the Municipality in effect at ~he time of the execution -15- SA 3/10/82 of this Agreement, in the form prescribed in those standard spe- cifications, or, if the Developer has engaged a prime contractor to perform the work under this Agreement, that proof that the )rime contractor has acquired such insurance, naming the Developer as an insured. 2.15 General Standard of Workmanship A. The Developer shall construct all improvements in accordance with plans, specifications, and contracts approved by the Municipality, and with the terms, covenants, and conditions of this Agreement. ~le Developer shall not incorporate any material Or equipment into an improvement unless the Municipality has approved its use. Unless the Municipality specifically agrees otherwise in writing, all materials, supplies, and equip- ment incorporated into an improvement shall be new. B. If th~ course of construction conditions appear that, in the exercise of reasonable engineering judgment, require a modification of, or substitution for approved materials, equip- ment, plans, specifications, or contracts to meet a higher stan- dard of performance, the Developer shall make the modification or substitution. C. The Developer shall construct all facilities in the subdivision not otherwise subject to this Agreement in accordance with applicable statutes, ordinances, and specifications. 2.16 Placement of Utilities The Developer shall place all utilities underground, except where this requirement is specifically waived under Article IV of this Agreement. 2.17 Work in Right-of-Way The Developer shall comply with all ordinances and secure all necessary permits and authorizations pertaining to -16- SA 3/10/82 work in public rights-of-way. The Developer shall coordinate and supervise the installation and construction of all utility improvements, including those not otherwise covered by this Agreement, in a manner that will prevent delays in .unicipal construction or other damage to the Municipality, and that will )ermit the Municipality to properly schedule work that it will perform. 2.18 Surveyor Ail surveys required for the completion of improvements under this Agreement shall be made by a person registered as a professional land surveyor under the laws of the State of Alaska. 2.19 ~equired Reportin~ Quality Control The Developer shall submit to the Municipality, regularly and promptly, written reports describing the results of all tests and inspec- tions required by the quality control program, and all other tests and inspections which the Developer may make. The Developer shall coordinate testing and inspections with the Municipality, and provide advance notice to the Municipality of all tests and inspections which the Municipality shall witness as required by the approved quality control program. Construction Progres~ At such intervals as the Municipality may require, the Developer shall enter on the approved work schedule progress chart the actua'l work progress to date and immediately forward two (2) copies of the marked progress chart to the Municipality. If actual progress indicates that the Developer will not perform the work as scheduled, the Developer shall prepare and submit a revised schedule for the Municipality approval. In addition to any other notice that this Agreement may require, the Developer shall give the Municipality reasonable notice prior to commencing the following: a. Clearing and grubbing; ~ b. Completion of excavation: -17- SA 3/10/82 c. Installation of utilities, placement backfill or classified backfill; d. First concrete pour; e. First placement of leveling course; f. First placement of asphalt; g. First placement of seal coat. C. Surveys of The. Developer shall furnish promptly to the Municipality copies of all surveys required for the comple- tion of the improvements. D. Express or implied approval by the Municipality of any report or inspection, shall not authorize any deviation from approved plans and specifications, or from the terms of this Agreement. 2.20 ~rogress Payments The Developer shall pay its progress payments when due. contractors all contract 2.21 Surveillance A. The Municipality may monitor the progress of the work and the Developer's compliance with this Agreement, and per- form any inspection or test which it deems necessary to determine whether the work conforms to this Agreement. B. If the Developer fails to notify the Municipality of inspections, tests, and construction progress, as required by Section 2.19, the Municipality may require, at the Developer's expense, retesting, exposure of previous stages of construction, or any other steps which the Municipality deems necessary to determine whether the work conforms to this Agreement. C. Any monitoring, tests, 9r inspections that the Municipality orders or performs pursuant to this section, are -18- SA 3/10/82 solely for the benefit of the Municipality. The Municipality does not undertake to test or inspect the work for the benefit of the Developer or any other person. 2,22 Stop Work Orders A. If the Municipality determines there is a substan- tial likelihood that the Developer will fail to comply, or if the Developer does fail to comply with this Agreement, the Municipal- ity may stop all further construction of improvements by posting a stop work order at the site of the nonconforming construction and notifying the Developer or its engineer of the order. B. A stop work order shall remain in effect until the Municipality approves: 1. Arrangements made by the Developer to remedy the nonconformity; and 2. Assurances by the Developer that future noncon- formities will not Occur. C. The issuance of stop work order under this section is solely for the benefit of the Municipality. The Municipality does not undertake to supervise the work for the benefit of the Developer or any other person. No suspension of work under this section shall be ground for an action or claim against the Municipality, or for an extension of time to perform the work. D. The Developer shall include in all contracts for work to be performed, or materials to be used under this Agreement, the following provision: The Municipality of Anchorage, pursuant to a sub- division agreement on file with the Municipal Clerk and incorporated by reference herein, has the authority to inspect all work or materials under this contract, and to stop work ih the event that the work performed under this Agreement fails to comply with any provision of the subdivision agree- ment. In the event that a stop work order is issued by the Municipality of Anchorage, the con- tractor shall inunediately cease all work and await further instructions from the Developer. -19- SA 3/10/82 2.23 Access The Municipality shall have access to all parts of the subdivision necessary or convenient for monitoring the Developer's performances, inspecting, surveying, testing, or per- forming any other work. 2.24 Maintenance A. Until the Municipality accepts the improvements, the Developer shall maintain all existing roads within the subdivi- sion that are necessary for access to property not owned by the Developer. For the purposes of this subsection, existing roads are roads that physically exist, as distinguished from mere rights-of-way dedicated for road purposes. The maintenance required by this subsection includes cleaning, effective dust control measures, snow removal, and similar activities, but does not include repair, replacement, or reconstruction. B. The Developer shall repair or pay the cost of repairing damage to any improvement that occurs prior to the Municipality's acceptance of the improvements, except for damage caused solely by the Municipality, its agents, employees, or contractors. The Developer shall give reasonable notice to the Municipality before undertaking the repair of the damaged improvement. 2.25 Operation of Improvements Prior to Acceptance A. Before the Municipality accepts the improvements, the Municipality may enter upon, inspect, control, and operate ,any improvement if the Municipality determines that such action is necessary to protect the public's health, safety, and welfare. B. The action described in subsection A of this section shall not constitute the acceptance of iany improvement by the Municipality, nor shall the action affect in any way the Developer's warranty under this Agreement. -20- SA 3/10/82 2.26 Time A. Ail improvements required by this Agreement shall be completed within two (2) years of the date of execution hereof. B. ~he Developer shall begin actual construction of improvements required under this Agreement in accord with the Developer's work schedule as approved by the Municipality. C. 'If the Developer is delayed by an act or omission of the Municipality not otherwise authorized under this Agreement, or by changes ordered in the work, labor, disputes, fire, delays in transportation, casualties, or other causes beyond the Developer's control, or by any cause which the Municipality in its discretion determines to be adequate to Justify the delay, the time of completion of construction under this Agreement may be extended for a reaeonable time, which shall be determined by ~he Municipality pursuant to Chapter 21.87 of the Anchorage Municipal Code. No extension shall be granted unless the Developer gives notice in writing to the Municipality within ten 10) days after the occurrence of the cause for delay. In the case of a continuing delay, only one notice is required. -21- SA 3/10/82 ARTICLE III ACCEPTANCE OF IMPROVEMENTS 3.O1 Prerequisites to Acceptance The Municipality shall not accept the improvements until all the requirements of Sections 3.02 through 3.05 have been met. 3.02 Monuments and As-Built Drawings A. Upon completing the improvements, the Developer shall replace lost lot corners and monuments and shall monument the centerlines of all required paved streets with monuments of at least one-foot rebar and alcap at points of curvature, ends of curvature, intersections, and centers Of cul-de-sacs in accord- ance with Anchorage Municipal Code, Section 21.85.025 and any standards established thereunder. B. No later than 60 days after the final inspection and certification under Section 3.05F, the Developer shall provide the Municipality with one acceptable set of reproducible mylar as-built drawings for each improvement. ~%e as-built drawings shall be certified by a professional engineer registered under the laws of the State of Alaska to represent accurately the improvements as actually constructed. 3.03 Certificate of Compliance The Developer shall furnish the Municipality with a cer- tificate of compliance for the work performed under this Agree- ment, in the form prescribed by the standard specifications of the Municipality in effect at the time of execution of this Agreement. 3.04 Conveyance of Easements and Rights-of-Way to Municipality The Developer shall convey to the Municipality any ease- ment, right-of-way, or other property interest necessary to allow -22- SA 3/10/82 access to the municipal improvements to operate, maintain, or repair the municipal improvements. The Developer may condition the conveyance upon the Municipality's acceptance of the improve- ments. ~.05 Inspection A. Upon receiving notice that the Developer has completed the improvements, the Municipality shall schedule inspections Of the improvements. The Municipality may inspect all improvements, and any other work in dedicated easements or rights-of-way. B. A privately owned utility may inspect any phase of work on an improvement of which it is to assume control. C. The Municipality or appropriate privately owned utility shall inform the Developer in writing of any deficiencies in the work found in the course of its inspection. D. The Developer shall, at its own expense, correct all deficiencies found by inspections under subsections A or B of this section. Upon receiving notice that the deficiencies have ~een corrected, the Municipality or appropriate privately owned ~tility shall reinspect the improvements. E. The Municipality or appropriate privately owned utility may continue to reinspect an improvement until the Developer has corrected all deficiencies in the improvement. F. After a final inspection has revealed that all improvements and other work in dedicated easements and rights-of- way meet municipal standards, and each privately owned utility which is to assume control of an improvement certifies that that improvement or improvements are acceptable to it, and the Developer has furnished the as-built drawings required by Section 3.02B, the Municipality shall notify ~he Developer that all improvements have been accepted. -23- SA 3/10/82 3.06 Consequences of Acceptance of Improvements A. The Municipality's final acceptance of the municipal improvements constitutes a grant to the Municipality of all the Developer's right, title, and interest in and to the municipal improvements. B. By accepting the municipal improvements under this Agreement, the Municipality does not undertake to maintain any such improvement, unless obligated to do so by applicable stat- ute, ordinance, regulation, or tariff. 3.07 Developer's Warranty A. The Developer shall warrant the design, construction materials, and workmanship of the improvements against any fail- ure or defect in design, construction, material, or workmanship which is discovered no more than one year from the date the Municipality notifies the Developer of the acceptance of the improvements. This warranty shall cover all direct and indirect costs of repair or replacement, and damage to the property, improvements, or facilities of the Municipality or any other per- son, caused by such failure or defect or in the course of repairs thereof, and any increase in cost to the Municipality of oper- ating and maintaining a municipal improvement resulting from such failures, defects, or damage. B. The Developer's warranty shall not extend to any failure or defect caused solely by changes in design, construc- tion, or materials required by the Municipality. C. Except as provided in subsection B of this section, that the Municipality takes any action, or omits, to take any action authorized in this Agreement, including but not limited to operation or routine maintenance of the improvements prior to acceptance, or surveillance, inspections', review or approval of -24- SA 3/10/82 plans, tests or reports, shall in no way limit the scope of the Developer's warranty. 3.08 Warranty Guaranty A. To secure the Developer's performance of the war- ranty under Section 3.07, the performance guaranty provided by the Developer under Section 2.02 shall remain in effect until the end of the warranty period, or the Developer shall provide a war- ranty guaranty by one or more of the methods described in Se.ctions 2.03 through 2.06. B. The amount of the warranty guaranty shall be the percentage of the estimated cost of all improvements calculated pursuant to Section 2.02B, determined by the following table: Estimated Cost of Percent to Secure All Improvements Warranty 0-$500,000.00 10% $500,000.01-$1,000,000.00 7.5% $1,000,000.01 and over 5% 3.09 Municipality's Remedies Under Warranty A. The Municipality shall notify the Developer in writing upon its discovery of any failure or defect covered by the warranty in Section 3.07. The Municipality shall notify the Developer before conducting any tests or inspections to determine the cause of the failure or defect, and shall notify the Developer of the results of all such tests and inspections, B. The Developer shall correct any failure or defect :overed by the warranty within thirty (30) days of receiving %otice of the failure or defect from the Municipality. The Developer shall correct the failure or defect at its own expense and to the satisfaction of the Municipality. C. If the Developer fails to correct the failure or defect within the time allowed by subsection B of this section, -25- SA 3/10/82 the Municipality may correct the failure or defect at the Devel- oper's expense. If the Developer fails to pay the Municipality for the corrective work within thirty (30) days of receiving the Municipality's bill therefor, the Municipality may pursue any remedy provided by law or this Agreement to recover the cost of the corrective work. 3.10 Conditions of Reimbursement A. If this Agreement requires the Municipality to reim- burse the Developer for all or part of the cost of an improve- ment, the reimbursement shall be conditioned upon the Developer's performance of all its obligations under this Agreement. B. Any reimbursement shall be subject to the approval of bonds and the appropriation of funds as required by law. If funds are not available at the time any reimbursement is due under this Agreement, the Munielpality shall reimburse the Developer when funds become available. The Municipality shall not be liable for any delay in reimbursing the Developer due to the unavailability of funds, nor shall such delay constitute a breach of this Agreement. C. ~]e Municipality may reimburse the Developer in installments, and in such event, any unpaid balance shall bear interest at the rate paid on bonds sold to finance the reimburse- ment. 3.11 Completion of Performance: Release of Warranty A. The Municipality shall inspect the improvements at or before the end of the warranty period, and before releasing any performance guaranty or warranty guaranty then in effect The Developer shall correct any failure or defect in the work revealed by the inspection as required by Section 3.09. B. On the Developer's satisfactory performance of all its obligations under this Agreement, the Municipality shall exe- -26- SA 3/10/82 cute a written statement acknowledging such performance, and shall release any remaining security posted by the Developer under this Agreement. -27- SA 3/10/82 Voyles Subdivision, Block I File No. 86-1 ARTICLE IV IMPROVEMENT REQUIREMENTS 4.0~ Improvements Required The Developer shall desigu, construct, and install the improvements specified in this article. The Developer shall bear the cost of all the improvements, and is entitled to reimburse- ment therefore only as provided in this article. 4.02 Streett Alleywayt MonumentationI WaterwayI Traffic ControlI Street Lighting, Street Name Signing, and Drainage Improvements (Mark the appropriate alternative with an X.) A. Street improvements shall be provided in accordance with Titles 21 and 24 of the Municipal Code, and the standard specifications of the Municipality. The Municipality shall reimburse 100% of the cost of arterial streets and 66-2/3% of the cost of collector streets where the arterial or collector streets ate located in an area where the Municipality provides street maintenance. The Developer shall pay 100% of the cost of all other street, alley and walkway impro- vements. The cost of all street, alley and walkway improvements is estimated to be $60t000.00. (1) List street, alley and walkway improvements other than collector or arterial streets for which the Developer is not entitled to reimbursement: a) Chandelle Drive will be constructed to Municipal Standards in its entirety from the east boundary of Lot 12 to meet and match the existing paving east of Lot 6 as a 24' wide strip paved street on a gravel base, the top width of gravel shall be 28' with a residential eyebrow having a 41.5 foot radius to back of curb/edge of pavement as shown on typical section no. 114 of the Municipality of Anchorage Standard Specifications. b) Chandelle Drive aka Dolly Avenue will be constructed to Municipal Standards in its entirety from the east boundary of Lot 12 to Graybill Street including the intersection as a 24' wide strip paved street on a gravel base, the top width of Gravel shall be 28' as shown on typical section no. 114 of the Municipality of Anchorage Standard Specifications. (2) An erosion and sediment control plan as required in Title 21, Section 21.85.140 shall be submitted and will be considered an integral part of the street design. (3) The estimated cost of street, alley and walkway improvements for which: the Developer is not entitled to reimbursement is $60f000.00. -26- Voyles Subdivision, Block I File NO. 86-i (~/~) B. The Municipality shall reimburse the Developer for arterial and collector streets as provided in subsec- tion A of this section. (1) List arterial streets for which the Developer shal'l be reimbursed: (2) The cost of the reimbursable arterial streets i~ estimated to be $. (3) List collestor streets for which the Developer shall be reimbursed: (4) The cost of the reimbursable collector streets is estimated to be $ ( X ) C. Drainage and waterway improvements shall be provided in accordance with Municipal design standards. (1) Describe the drainage system and waterway impro- vements for the subdivision. An adequate drainage system, which may include necessary storm drainage facilities as described in Title 21, Section 21o85.140, shall be required. The drainage facilities shall accom- modate lateral and upstream contribution, as well as subsurface flows which are exposed durin~ construction, and an approved drainage outfal shall be provided. (2) The cost of the drainage system and waterwa improvements is estimated to be $3t200.00, (N/A) D. In areas where the Municipality provides drainaG maintenance, the Municipality shall reimburse that part of the storm drain improvements for the sub- division that is attributable to oversizing required by the Municipality. Oversizing means construction of a quality or dimension Greater than that necessary tc serve the subdivision alone. (1) Describe the oversizing of storm drain improve- ments required by the Municipality. (2) Developer's share of the cost of storm drain facilities necessary to serve this subdivision is estimated to be $ (3) The costs attributable to oversizing shall be the Developer's construction costs attributable to~ the oversizing of storm drain improvements in the subdivision; plus a proportionate share of the Developer's engineering costs incurred in rela- tion to the storm drain improvements in accor- dance with Attachment B; plus a proportionate share of three percent of the Developer's construction costs for the storm drain improve- ments. The Municipality's share of storm drain oversizinG cost is estimated t~ be $. ( X ) E. Traffic control devices, excluding electronically timed signals, shall be installed in accordance wit~ the Municipality's design criteria and construction standards. The cost of these improvements is esti- mated to be $150.00. -29- (x) 4.04 (N/A) Voyles Subdivision, Block File NO. 86-1 (N/A) F. Street lighting shall be provided as required under the Anchorage Municipal Code, Chapter 21.85, and shall be in accordance with the Municipality's design cri- teria and construction standards. The cost of these improvements is estimated to be $ ( X ) G. Monumentation shall be provided as required by Section 3.02 of this Agreement, and shall be in accordance with the Municipality's surveying requirements and procedures. The cost of these improvements is esti- mated to be $~i000.00. ( X ) S. Street name signs shall be provided in accordance with the Municipality's design criteria and construction standards. The cost of these improvements is esti- mated to be $150.0q. 4.03 Sanitary Sewer Improvements (Mark the applicable alternative with an X.) (N/A) A. Sewer system improvements shall be provided in accor- dance with an agreement with the Anchorage Sewer Utility, incorporated by reference herein. The esti- mated cost of the sewer system is $__ . B. A sanitary sewer system need not be provided by this Developer. However, any lot, parcel or tract upon which any building or structure is built after the execution of this AGreement, and which lot, parcel or tract is not served by a sanitary sewer system, shall be served by the builder as an on-site sanitary system conforming to Municipal Standards. Water System Requirements (Mark the applicable alternative with an X.) A. Water system improvements shall be provided in accor- dance with an agreement with the Anchorage Water Utility, incorporated by reference herein. The total cost of the water system is estimated to be $ (1) The Developer's total water facility cost, including connection fees, under this Agreement is estimated to be $ (2) The Municipality's cost share of water facilities is estimated to be $ B. The Developer shall execute an agreement with a pri- vately owned utility company or otherwise provide for the installation of a water system to serve all lots, parcels and tracts which are part of the subdivision. The Developer's total water system cost is estimated to be $ ( X ) C. A water supply system need not be provided by this Developer. However, any lot, parcel or tract upon which any building or structure is built after the execution of this Agreement, and which lot, parcel or tract is not served by a water system, shall be served by the builder as an on-si~te system conforming to Municipal Standards. -30- Voyles Subdivision, Block File No. 86-1 4.05 Eleotrical Facilities (Mark the applicable alternative with an X.) (N/A) A. Electrical Improvements shall be provided in accord- ance with an agreement with the Municipal Lig~ and Power Utility, incorporated by reference herein. The total cost of the electrical system serving the sub- division is estimated to be $ (1) The Developer's cost share of electrical facili- ties within the subdivision is e~timated to be $ (2) The Municipality's cost share of electrical faci- lities wi thin the subdivision is estimated to be $ X ) B. The Developer shall execute an agreement with a priva- tely owned utility company or otherwise provide for the installation of an underground electrical system to serve all lots, parcels and tracts which are part of this subdivision except insofar as the applicable APUC tariff does not provide for service to the sub- division. The Developer's total electrical system cost is estimated to be $7~000.00. 4.06 Telephone Facilities (Mark the applicable alternative with an X.) (N/A) A. Telephone improvements shall be provided in accordance with an agreement with the Anchorage Telephone Utility, incorporated by reference herein. The total cost of the telephone system serving the subdivision is estimated to b~ $ (1) The Developer's cost share of telephone facili- ties within the subdivision is estimated to be $ (2) The Municipality's cost share of telephone faci- lities within the subdivision is estimated to be $ X ) B. The Developer shall execute an aqreement with a pri- vately owned utility company or otherwise provide for the installation of an underground telephone system to serve all lots, parcels and tracts which are part of this subdivision except insofar as the applicable APUC tariff does not provide for service to the sub- division. The Developer's total telephone system cost is estimated to be $7~000.00. 4.07 Deletion of Improvements The following improvements are deleted from the require- ments of this Agreement under either a variance approved by the Platting Board, a waiver by the Department of Public Works, or by reason of inapplicability to the subdivision. The description and limits of the improvements deleted are as follows= -31- Voyles Subdivision, Block I File No. 86-1 Not Applicable t.08 Attachments Included The following documents, whether or not attached hereto, are integral parts of this Agreement: (Mark applicable documents with an X.) X Final Plat, Attachment A Engineering Fee Schedule Attachment B -32- Voyles Subdivision, Block I File No. 86-1 4.09 Special Provisions The subdivider shall confer with local postal authorities to determine locations of cluster mailboxes. If clustering or special locations are specified, provisions shall be included in the development plans. No .less than seven days prior to any construction, the developer shall give written notice to all property owners abutting any rights-of way or easement where the developer is to construct the public improvements required by this agreement. IN WITNESS WHEREOF, the parties, hereto have set their hands on the date first set forth above. MUNICIPALITY OF ANCHOR?E DEVELOPER -33- 4 5 6 7 8 222OO~ /- ..~.,,~,.~.~ S8130A OCT 2 1985 VOYLES SUBDIVISION S~S ENGINEERING (907) 694~ 2979 Voyles Subdivision, Block I File No. 86-1 ~TATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~0 day of ~-~o~_ 19~ , before me, the undersigned, a Notary Public in and for the State of ~las~a, ~ly ~Qmmissloned and sworn as such, personally appeared <~Tf~'/~ , known t? me to be the individual named herein who exeduted the foregoing instru- ment, and s/he acknowledged that s/he did so freely and volun- tarily for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. My Com~ission Expires.~ ?; STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this //~F/~ day of~~ , 198~ before me, the undersigned, a Notary Public in and for the 'State of Alask~a, _duly commissioned and sworn as such, personally appeared ~/-~.,~;.~f./Y/~' , known to me to be the [~[~CT~POTSt~aU~O~% for the Municipality of Anchorage, Alaska, the corporation that executed the foregoing instrument, and he acknowledged to me that he executed said instrument as the free and voluntary act and deed of said cor- poration for the uses and purposes therein mentioned, and that he was authorized to execute said instrument. WITNESS my hand and official sea~.~_~"~.~,,,day and year first above written. ~-~.~, ............ NOTARY ~P_U~.Li~ in ~nd:~f~r Alaska -34- MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION ENVIRONMENTAL HEALTH CASE REVIEW WORK SHEET '] PLATTING BOARD [~3 PLANNING & ZONING CASE NUMBER NAME ZP-82-65 A request to rezone approximately 5.85 acres DATE RECEIVED from O to B-3. May 7, 1982 COMMENTTO PLANNING BY FOR MEETING OF PUBLIC WATER. NOT, AVAILABLE TO PETITION AREA PUBLIC SEWER NOT AVAILABLE TO PETITION AREA REVIEWER'S COMMENTS: 71-014 (Rev. 2/78) C~S£ NO. MUNICIPALI~ OF ANCHORA~,~TUR[J CO?I[,IE[ITS TO: ENVh, I .: .o ,r. ~ ~ t. IUNICIPAL PLANNING DEPAP, T:.~EUT Zoning and Platting Division ~Od~. Pouch 6-650 .Anchorage, Alaska 99502 R, ECEIV[D 2f~-~2~5 request to rezone approximately b~,~S- acres from A request to amend Title 21 to A request for concept/final use to permit a in the zone. A request for an amendment approval of a conditional to a conditional use A site plan review for C O?.Ii.I EHTS: Planning & Zoning Commission Public Hearing Date: ~--t2 AP '-~ 7/ ?F~--- STANDARD DISTRIB UTIOt,I (Puio!ic Projects] Urban Beautification Co;?,mission --(o£dinance Aj,~endment'.;) Hunicipal Attorney's Office ~f__ ~ %~j< Co!ar, unity Coui'~c il PETITIONER: REQUEST: TOTAL AREA: LOCATION: CURRENT ZONE: Community Council) MAILOUTS COM24I S S ION ASSEMBLY Mailed Favor Against Unclaimed Other ZONING AMENDMENT APPLICATION Municipality of Anchorage Planning Department Pouch 6-650 Anchorage, Alaska 99502 OFFICE USE I. ?he undersigned hereby applies to the MunicJpagty of Anchorage lora zoning map amendment. Amendment initiated by: check one (~ } the owner or owners of a majority of the land in the petition area tot zoning map amendment ( Planning Commission ( Assembly ( department or agency of the Municipality - specify department Description: use reverse side or additional paper if necessary) Legal description pi the area requested to be rezoned See attached e~h~bit "B" Area (square.feet or acres) of the petition area 5.85 acres Section 21.20.015 of the Zoning Ordinance specifies that the area must be a minimum of 1.75 acres unless it is contiguous to a zoning district of the same classification as that being proposed) Existing Zoning Classification: U Proposed Zoning Classification: B-3 Justification for the rezoning: (use reverse side or additional paper if necessary) Explain public need and justification tot the rezoning See attached letter Explain the positive eflect of the use district change on the property and on surrounding property See attached letter Explain how the proposed map amendment will lurther the goals and objectives of the Comprehensive Plan ~ee attached letter In the case ct map amendments involving small areas, explain how the public need will be best served by changing the use classification of the described property as compared with other available property See attached lebte~ V. Material Submitted: I;~ ) maps ( ) photographs ( ) feasibility reports [ ) other (specify). Pho~e (~07) 27~15~1 ( T~l~¢opi~r (~07) ~?~-$742 ) EXHIBIT B Tract C, Voyles Subdivision, according to plat 72-79 filed in the Anchorage Recording District on April 28, 1972 and a portion of Tract A, more particularly described as follows: Beginning at the N.W. corner of Tract C, The True Point of Beginning; thence along the north boundary of Tract C, East, a distance of 333.87 feet to the corner common to Tracts A and C on the boundary of Voyles Subdivision; thence along the boundary of Tract A, N 0005' W. a distance of 330 feet to the corner of Tract A; thence S 45018' W., a distance of 469 feet, more or less, to the true point of beginning. Parcels described contain 5.85 acres, more or less. I. ewis [. Dickinson Maurice P. Oswald Kenneth B. Wa]ch Melvin R. Nichols VI. t understand that payment of the fee{s} specified is to defray the cost of handling and investigation of this application and the costs of the necessary hearings by the Planning Commission and Municipality of Anchorage Assembly, and that payment of these fee{s) does not entitle me. nor does it assu re approval of this application, and that no relund ol these fees will be made. I hereby affirm that the information submitted herein is true and correct to the best of my knowledge. I also affirm that I am the true and legal Property Owner (or the Authorized Agent thereof) for a majority of the property subject herein. PRINT PETITIONER'S NAME SIGNATURE{S) OF THE OWNER(S} OF A MAJORITY OF THE LAND IN PETITION AREA' DATE PHONENO, PHONENO. Anchorage Municipal Planning and Zoning Commission WO ~D13698 March 23, 1982 Page 2 The predominate zoning in the area is unrestricted. A fairly good sized parcel of R-7 property abutts the subject property to the northwest and is currently being developed. The proposed rezone will maintain the low density suburban atmosphere enjoyed in this area. The unrestricted zone on the other hand has no density limitations and is without the controls related to setbacks, maximum lot coverage, height limits and permitted uses. The high density permitted in the Unrestricted zone is not appropriate for this area at the present time. At the present time there is a 280 acre parcel of R-7 adjacent to the Northwest. Approximately 25-30 percent of the property is developed at this time. The Eagle River - Chugiak - Eklutna Comprehensive Plan indicates that the primary land use in this area is and will continue to be single family housing. The proposed R-7 zoning will promote a controlled development pattern in this area that will maintain and be compatible with the adjacent densities. The R-7 zone permits a minimum lot size consistant with that designated for this area in the comprehensive plan of approximately two dwelling units per acre. The need and justification for the proposed B-3 is tied to the increased residential development. The increasing residential development will require that adequate commercially related property be developed to provide for the needs and convenience of the community. At this time the existing B-3 zoned property will not be adequate. The positive effects the rezone will have on this property and the surrounding property will be substantial. The rezone will promote the concentration of commercial activities to a logical and easily accessible location rather than promoting uncontrolled strip commercial. The permitted uses will be limited to those which are usually identified as appropriate within the community. The Unrestricted zone is basically as its name implies. Many of the uses that would be permitted are not appropriate for location adjacent to residential development. The rezone of this property to B-3 will provide the area for the necessary commercial services and protect the proposed and existing residential areas from uses which are not appropriate for this location. The existing B-3 areas South of the 01d Glenn Highway are partially developed at this time. It is difficult to ascertain DOWL En ineers 4040 "IF' $lreel Anchorage, Alaska 99503 Phone (907) 278-1551 ( Telecopier (907) 272-5742 ) March 23, 1982 WO #D13698 Anchorage Municipal Planning and Zoning Commission Pouch 6-650 Anchorage., Alaska 99510 Attention: Joe Stimson Dear Members of the Commission: Accompanying this letter is the required application form for rezoning a parcel of Unrestricted land to B-3 and R-7. The property involved contains approximately 60 acres. We are proposing 5.85 acres as B-3 and 48 acres as R-7. The remainder will be left as Unrestricted. The following information is intended to demonstrate that this request complies with Section III of the Zoning Amendment Application form. Through this rezone we are attempting to accomodate the need for new housing sites and supporting commercial areas. The unrestricted zone is not entirely appropriate for the anticipa- ted uses. Section 21.40.240,A. of Title 21 indicates that the Unrestricted zone was emplaced upon certain areas that were not expected to develop in the near future. It goes on to state, "As development patterns start to emerge within these areas and the sophistication of their protection becomes more critical to the general public interest, it is anticipated that such lands within the Unrestricted district will be proposed for more restrictive zoning classifications." Development patterns are beginning to emerge in this area and we are now proposing more restrictive zoning classifications. The public need and justification for the R-7 rezone is clear. The Anchorage area is experiencing increased growth which is bringing new areas into the development phase. The combination of skyrocketing land and housing prices, the limited amount of suitable building sites in the Anchorage bowl and the continuing desire of people to live in a low density single-family atmosphere is pushing development into the surburban areas such as that included in this rezone proposal. The rezoning will have an obvious positive effect on the subject property as well as on the surrounding property. Lewis E. Dickinson Maurice P. Oswald Kenneth B. Walch Melvin R, Nichols Anchorage Municipal Planning and Zoning Commission WO ~D13698 March 23, 1982 Page 3 the exact percentage of development but each parcel is developed to some extent. These tracts reflect the new alignment of the Glenn Highway and the large intersection now at this location. The primary objective noted in the comprehensive plan concerning commercial growth is for the majority of commercial development to be concentrated in areas that are easily accessible rather than excessive strip commercial development. The granting of the rezone to B-3 will help create a commercial area adequate in size to serve the community that has easy access from the Glenn Highway and thus the entire area. The proposed B-3 rezone is located within the area designated commercial on the land use classification map included in the comprehensive plan. It seems clear that this proposed rezone which includes B-3 and R-7 designations is in accordance with the comprehensive plan and will further the goals and objectives of that plan for the good of the public,'whose goals it represents. A strip of Unrestricted is being retained between the proposed B-3 and R-7 areas. Our immediate'plans for this property is to create a useable buffer between the residential and commercial development. The intent is for the strip to be used as a Municipal park and ride lot to serve the members of the community who either now or in the future will parti- cipate in car pools or may ride the bus to Anchorage. The property would be made available to the Municipality on a lease basis at a nominal rate (approximately one dollar per year.) The need for this type of facility is quite evident at this time and will be an even greater asset to the community in the future. The long term plans for this Unrestricted parcel is variable depending upon the future trends and demands. The park and ride lot could stay, the R-7 zone could be expanded, the B-3 area could be expanded or a higher density residential use may be appropriate at a later time. This configuration reflects the goals and objectives of the comprehensive plan and remains flexible so that it can accomodate the future needs as they become apparent. 0~ ENGINEERS Anchorage Municipal Planning and Zoning Commission we #D13698 March 23, 1982 Page 4 We hope that you concur with our request. If you need any additional information please do not hesitate to contact me at your convenience. Very truly yours, DOWL Engineers Timothy C. Potter Planner TCP:kk Enclosure ENGINEERS ZONING AMENDMENT APPLICATION Municipality of Anchorage Planning Department Pouch 6-650 Anchorage, Alaska 99502 Case ~ i%I,,'o. / Date R e c c~e d ~/' Fee % / Received by ~ /" ' Verification o f,..(~he~.s h i p ~. P.C.P.H. Date' _. %, Assernb/H. Date ~ ppr~,6d ~ e/k"fe d %... I I. The undersigned hereby applies to the Municipality of Anchorage for a zoning map amendment. Amendment initiated by: check one : (×) the owner or owners of a majority of the land in the petition area for zoning map amendment ) Planning Commission : ) Assembly ) department or agency of the Municipality - specify department Ii. Description: (use reverse side or additional paper if necessary) .Legal description of the area requested to be rezoned See attached Exhibits "A" and "B" VI. B3:5.85 acres (approx.) Area (square feet or acres) of the petition areaR-7:z!8'7 '.acres (approx.) Section 21.20.015of the Zoning Ordinance specifies that the area must bed minimum of 1.75 acres unless it is contiguous to a zoning district of the same classification as that bein9 proposed) Existing Zoning Classification: U Proposed Zoning Classification: B3, R-? /, ;un er rand,hft ?ayment the cost of hand ng and investigation of this Pp ~cauon and the costs or [~e necessary he~ings ~y the Planning Commission and Municipali y of Anchorage Assembly, and that pa¢~nt of t~e~ ~ee(s) does not entitle me, nor does it assure a proval of this application, and that no refund of these fees will be made. P I hereby affirm that the information submitted herein is true arid correct to the best of my knowledge. also affirm that I am the true and legal Property Owner (or the Authorized Agent thereof) fora majority of the property subject herein. Geor qe~Wi line th ,~--'~ m ~N'~. E-T-LTLQ_N.. E .R ' S NAME SIGNATURe, S) OF THE OWNER(S) OF A MAJO~TY OF TNE LAND IN P~TITION AREA' Hatch 23 1982 DATE PHONENO. ADDRESS :~:':'".'.~' Engineers 600 300 0 600 Feet VICiNiTY MAP R-7 UNRESTRICTED GEORGE UNREST R-7 WlLMOTH REZONE :,...:.. ,. UNrE CASE NUMBER ~,,'! '! 31 * PETITION FOR DATE RECEIVED COMMENT TO PLANNING BY DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION PLATTING OR PLANNING AND ZONING CASE REVIEW COMMENTS: REZONING '~, OF SPECIAL EXCE'R:¥[ON VACATION '" RE6UBDIVISION Hay 20, '-1,977 Robert C. Johnson, R.L.S. fo Prelimin~r~'"'~5'~l?o~F-, Lots 4 thru 2, Blk '1 & Lots I thru b/~lK Z ot . ) Voyles Subdiv - a suvdiv of Tract B~l VOYLES St~J~div . ocated within SW 1/4 Sec 3, T13N,._.R~]~/~k'/c'ontainln~ 15.910 acres +_ FOR MEETING OF June 2, 1977 ,~,~ of Cases ENVIRONMENTAL SANITATION: PUBLIC WATEB ~OT AVAILABLE ENVIRONMENTAL ENGINEERING: ~ F MUNICIPALITY OF ANCHORAGE ~,~ DEPARTMENT OF HI;ALTH & ENVIRONMENTAL PROTECTION [~ PLATTING BOARD ~J PLANNING & ZONING -~ASE NUMBER NAME S-5517 Voyles Subdivision; proposed Tracts A-i, A-2, DATE RECEIVED December 3, 1980 C-i, C-2 COMMENT TO PLANNING BY December 19, 1980 FOR MEETING OF CASE OF F~J'~UBLIC WATER NO~TT AVAILABLE TO PETITION AREA ~d"-PUBLIC SEWER NO_..,_~T AVAILABLE TO PETITION AREA 71-014 (fflev. 2/78) November 12, 1980 Municipality of Anchorage Department of Heal'bh and Environmental Protection 825 "L" Street Anchorage, Alaska 99~01 Attn: John Lynn Ret Dear Sir: Soils Report Voyles Subdivision Proposed Tracts A-l, A-2, C-1 and Enclosed are the results of our soils investigation for Tract C-1 and Tract C-2, The soils are gravel (GW) with an 85 S.F, per bedroom rating, Tracts A-1 and A-2 a~re larger tracts and are not planned for development ~b this time, The developer will submit soils data on these:two tracts at the time he plans further development, We have no objection to placing a note on the plat to that effect, Please let me know if you need additional i~formation, Sincerely, Ralph B. Joke~ MUNICiPALHY OF 'ANCHORAGE RECEIVED Contrac'dng Engineers & Associates 212 East International Airport Rd, Suite 204 ANCHORAGE, ALASKA 99502 (907) 278-3773 SOILS LOG - PERCOLATION TEST SOILS LOG PERCOLATION TEST · PERFORMED FOR: ~.~. 0 'i*¢-,'~ I '~ ~'¢~,~ ~ 0 ~ ~- [~., LEGAL DESCRIPTION: T~'~ .~..'~/MO ~,/~, ~ 1 2 3 4 5 6 7 8 9 10 11 13 15 16 17 18 19 20 - DATE PERFORMED: SLOPE SITE PLAN WAS GROUND WATER S ENCOUNTERED? ~ ~ ~ P E IF YES, AT WHAT DEPTH?. ~t~eading,¢:~ Date Gross Net Depth to Net ; ~'*, ,~ Time Time Water Drop PERCOLATION RATE (minutes/inch) TEST RUN BETWEEN FT AND FT COMMENTS Contra .rig Ensineers &Associates 212 East International Airport Rd, Suite 204 ANCHORAGE, ALASKA 99502 (907) 278.3773 SOILS LOG - PERCOLATION TEST SOILS LOG PERCOLATION TEST PeRFoRMeD FOR:.' LEGAL DESCRIPTION, 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19- 20- DATa PERFORMED~. t \-- ~"" {~O ELOPE Rolph ~, Jokela NO. 1995-E WAS GROUND WATER ~ ENCOUNTERED7 '~O ~ E IF YES, AT WHAT DEPTH? SITE PLAN Gross Net Depth to Not Reading Date Time Time Water Drop PERCOLATION RATE (minutes/inch) TEST RUN BETWEEN FT AND FT COMMENTS PERFORMED BY; ~ ~"'~O~LJ~, CERTIFIEDBY=~ ~ ~--¢--~DATE= // MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION 825 L. Street, Anchorage, Alaska 99501 264-4720 SOILS LOG - PERCOLATION TEST [] PERCOLATION 3'EST PERFORMED FOR: LEGAL DESCRIPTION: 1 2 3 4 5 6 7 8 9 10 11 12 13- 14 15 16 17 18- 19 20 CQMMENTS SITE PLAN WAS GROUND WATER S P ~i["~ ~F~,L.. IF YES, AT WHAT E Gross ' Net Depth to Net Reading Date Time Time Water Drop DEP' OF HEALTH & ENVIBON A~hlT.AL ,,~ ~T~ ~ CIP~LtTY 0~ AHcHORAG[ :NVtRONMENi ~L ¢,,O ,_Ct ~ ~ ~ 0 ~B~ PERCOLATION RATE (minutes/inch) RECE V ED TEST RUN BETWEEN . FT AND -- FT 72-008 (6/79) ,/ Fnd. 5/8" ,4nchoroqe, AK. 9950, _NOTARY ACKN. W ED~ Subscribed ond sworn 1o before me thm ~j doy Nolory P~b41c C,-'\ 15' UTILI¥ E%MT,-/ 0 Screen,n ] I"~t" IRON BAR ~8 658,94 Re~,,(P-373/ ~ ~ ~' DEPT. OF HEALTH ~ ENVIRONMENTAL PROTECTION ~ i ~:~ MUNICIPALITY OF ANCHORAGE '~e,~ r~'~, DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION [] PLATTING BOARD ~ PLANNING & ZONING CASE NUMBER NAME S-5209 Tracts A-i, A--2, A-3 Voyles Subdivision DATE RECEIVE~ July 6, 1979 COMMENTTO PLANNING BY July 16, 1979 FOR MEETING OF CASE OF [] PUBLIC WATER NOT AVAILABLE TO PETITION AREA [] PUBLIC SEWER NOT AVAILABLE TO PETITION AREA REVIEWER'S COMMENTS: 71-014 (Rev. 2/78) MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION ENVIRONMENTAL HEALTH CASE REVIEW WORK SHEET [, PLATTING ROAR[) F~ PLANNING & ZONING ~ASE NUMBER NAME S-5209 Tracts A-i, A--2, A-3 Voyles Subdivision ~ATE RECEIVED February 27, 1980 COMMENT TO PLANNING BY March 17, 1980 FOB MEETING OF CASE OF [~PURLIC WATER NO~ AVAILABLE TO PETITION AREA ~BLIC SEWER NOT AVAILABLE TO PETITION AREA REVIEWER'S COMMENTS: 71-014 (Rev, 2/78)