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HomeMy WebLinkAboutResolution No. PZ2025-02KFNAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-02 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE LAKE AT KENAI 2025 ADDITION ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 1001 Angler Drive LEGAL DESCRIPTIONS: Tract A, The Lake at Kenai 2016 Addition — Phase 1 KPB PARCEL NUMBERS: 04949059 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, on behalf of the property owner, Steve Foster for a replat of Tract A, The Lake at Kenai 2016 Addition — Phase 1; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed lots have access from Angler Drive (a City -maintained gravel road) and Beaver Loop Road (a State -Maintained paved road); and, WHEREAS, A 15-foot easement for utilities is located along the boundaries of the lots adjacent to proposed rights -of -way. This is denoted in plat note three (3), which states the front 15-feet adjacent to rights -of -way is a utility easement; and, WHEREAS, City water and sewer lines are not available to the lot; and, WHEREAS, Rights -Of -Way Peace of Mind Circle and Anglers Cove Court are newly dedicated, therefore an installation agreement is required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utilities/access easements, provides satisfactory and desirable building sites, and the on -site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of a tract containing newly dedicated rights -of -way Peace of Mind Circle and Anglers Cove Court (Exhibit A). Therefore, an installation agreement will be required. Resolution No. PZ2025-02 Page 2 of 2 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet, the proposed lots vary in size from approximately 59,285 square feet to 155,422 square feet. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat The Lake at Kenai 2025 Addition for a replat of Tract A, The Lake at Kenai 2016 Addition — Phase 1 be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. Prior to recording of the final plat, the developer will be required to enter into an installation agreement with the City of Kenai. Section 2. That the official name for the 60-foot dedicated right-of-way be assigned as "Peace of Mind Circle", subject to Kenai City Council adopting a resolution for the naming of a street within City limits. Section 3. That the official name for the 102-foot dedicated right-of-way be assigned as "Anglers Cove Court", subject to Kenai City Council adopting a resolution for the naming of a street within City limits. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 22"d DAY OF January, 2025. JO ALS AD, CHAIRP f ATTEST. (Z�� -- Meghan Thibdcfeau, Deputy City Clerk STAFF REPORT �. PLANNING &ZONING DEPARTMENT KENAI TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Planning Technician DATE: January 14, 2025 SUBJECT: Resolution No. PZ2025-02 — Preliminary Plat — The Lake at Kenai 2025 Addition Request The applicant is proposing a preliminary plat to replat Tract A, The Lake at Kenai 2016 Addition Phase 1. Staff Adopt Resolution No. PZ2025-02 recommending approval of Recommer. Preliminary Plat — The Lake at Kenai 2025 Addition to replat Tract A of The Lake at Kenai 2016 Addition - Phase 1, Creating 9 Lots and Dedicating 2 New Rights -Of -Way. Applicant: McLane Consulting Attn: Andrew Hamilton P.O. Box 468 Soldotna, AK 99669 Property Owner: Legal Description: Property Address: KPB Parcel No.: Zoning District: Land Use Plan: Surrounding Uses: SUMMARK Steve Foster Tract A, The Lake at Kenai 2016 Addition - Phase 1 1001 Angler Drive 04949059 Rural Residential (RR) Low Density Residential (LDR) Rural Residential, Rural Residential 1 A preliminary plat has been submitted from McLane Consulting on behalf of the property owner for a replat of Tract A, The Lake at Kenai 2016 Addition — Phase 1, to create nine (9) residential lots and dedicate the rights -of -way for 60-foot wide Peace of Mind Circle, and 102-foot wide Anglers Cove Court. The subject lots are located in the vicinity of Angler Drive and Beaver Loop Road, between Angler Drive and Ames Road. The subject lots are unimproved residential lots. This preliminary plat is the second and final phase of The Lake at Kenai development. The first phase of The Lake at Kenai was recorded on December 19, 2019 under plat number 2019-67. Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. ANALYSIS The proposed replat meets the minimum lot size requirement of 20,000 square feet for the Rural Residential (RR) zoning district. The size of the lots varies from approximately 59,285 square feet to 155.422 square feet. City water and wastewater services are not available in this area. Property owner(s) will need to install private wells and septic systems. The on -site water and wastewater systems must meet the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). Access to proposed Lots 1,2,3,7 and 8 is provided via proposed right-of-way Peace of Mind Circle. Access to proposed Lots 4, 5 and 6 is provided via proposed right-of-way Anglers Cove Court. Access to proposed Lot 9 is provided via Angler Drive, which is a paved and City maintained road. All rights -of -way within the proposed preliminary plat are newly dedicated and will require and installation agreement to construct the roads to City of Kenai standards. The installation agreement will be developed after the preliminary plat is approved, and improvements will be constructed in accordance with the installation agreement. The developer indicated to Public Works that they intend to pave the rights -of way. Though not depicted on the preliminary plat originally submitted, the names of the newly dedicated rights -of -way are seen in red in the attachments (exhibit A), a discussion regarding this edit is also included in the attachments (exhibit B). KMC 14.15.140 authorizes the Kenai City Council to name and rename streets within the City limits upon recommendation from the Planning and Zoning Commission and after consultation with the Kenai Peninsula Borough or any other affected municipality. A 15-foot easement for utilities is located along the boundaries of the lots adjacent to proposed rights -of -way. This is denoted in plat note three (3), which states the front 15-feet adjacent to rights -of -way is a utility easement. Staff finds that the preliminary plat for a replat of Tract A, The Lake at Kenai 2016 Addition — Phase 1 meets the following Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code. 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites. The on -site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of a tract containing newly dedicated rights -of -way Peace of Mind Circle and Anglers Cove Court (Exhibit A). Therefore, an installation agreement will be required. Resolution No. PZ2025-02 Preliminary Plat The Lake at Kenai 2025 Addition Page 2 of 3 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet, the proposed lots vary in size from approximately 59,285 square feet to 155,422 square feet. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. , STAFF kECOMMENDATION Staff finds that the proposed preliminary plat for The Lake at Kenai 2025 Addition to replat Tract A, The Lake at Kenai 2016Addition - Phase 1 meets the general standards of Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table and hereby recommends that the Planning and Zoning Commission recommend approval of Resolution No. PZ2025-02 for a replat of Tract A, The Lake at Kenai 2016 Addition - Phase 1 to the Kenai Peninsula Borough, subject to the following conditions. 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. Prior to recording of the final plat, the developer will be required to enter into an installation agreement with the City of Kenai. 3. Kenai City Council adopt a resolution for the naming of the 60-foot dedicated ROW to Peace of Mind Circle. . 4. Kenai City Council adopt a resolution for the naming of the 102-foot ROW to Anglers Cove Court. ATTACI-IMENT� Aerial Map Application Preliminary Plat, The Lake at Kenai 2025 Addition Exhibit A Exhibit B Resolution No. PZ2025-02 Preliminary Plat The Lake at Kenai 2025 Addition Page 3 of 3 CL A yj a x= 4 44 low 0 • Y►s'ra�s'+r�AlWSK �r�+--air ��'1 F FCOVED CITY OF KENAI ❑ATE McLAN E PLANNING DES "WEN; CONSULTING, INC. P.O. Bax AS Soldotna, Alaska VAMM (907) 283-4218 fax (907) 283-3265 To: City_ of Kenai Planning and Zoning Department 210 FidalLo Avenue Kenai, Alaska 99611 DATE: DECEMBER 20, 2024 Joe # 242030 ATTENTION: Platp�; and ZoninOepartment RE: THE LAKE AT KENAI 2025 ADDITION KBP File 2025-XXX PRELIMINARY PLAT From: Andrew Hamilton We are sending you: 9 Attached ❑ Under separate Cover Via: Delivered Copies Description 1 Blackline Prelim Plat full size 2 Prelim Plat 1147" size 1 Certificate to Plat III City of Kenai/KPB Owner Submittal Forms Proof of signing authority Reason for Transmittal Checked Below: ❑ FOR APPROVAL ❑ As REQUESTED ❑ APPROVED AS SUBMITTED ❑ REVIEW/COMMENT 19 FOR YOUR USE ❑ APPROVED As NOTED ❑ RETURNED FOR CORRECTIONS Remarks: Copy to: File Signed: Andrew Hamilton City of Kenai Planning and Zoning Department Preliminary Plat 210FidalgoAvenue Kenai, AK 99611 Submittal Farm (907) 283-8200 - planning@kenal.vIty www.kenai.*Iplanning Name: McLane Consuming Mailing Address: PO BOX 468 City: I 5oldotna State: I AK I Zip Code: I 99W9 Phone Number(s): 907-2834218 Email: AHAMILTON@MCLANECO.COM i Name: Steve Foster Mailing Address: PO Box 303 City: I Soldotna I State: I AK IZip Code: 199669 Phone Number(s): 907-394-1609 Email: steve@fosterconstructionak.com Kenai Peninsula Borough Parcel #: 04946059 Current City Zoning: Rural Residential Use: 91 Residential ❑ Recreational ❑ Commercial ❑ Other: Water. Cl On Site ❑ City ❑ Community Sewer: i7 On Site ❑ City ❑ Community Preliminary Plat Name: The Lake at Kenai 2025 Addidon Revised Preliminary Plat Name: Vacation of Public Right -of -Way: 17 Yes - No Street Name (if vacating ROW): Exceptions Required and Requested: � eR$�9. - .�@ O 1 }� O E.Y..i�Pt1 D �J 'F•�L3+.X �7`� . Comments: d Certificate to Plat d (1) 24" x 36" Plat D (2) 11" x 1r Plats Signature: I Date: / 9 - / 7 2 Print Name: ve Foster Title/Business: Angler Enterprises Inc I � r Planninq Department i- 14.9 N Bin klaV Street, Sabdolti& Akagkr 99r3/i9' 19UT, 714-2:-; PREUMINARY PLAT SUBMITTAL FOW '.PRELIMINARY PLAT a REVISED PRELIMINARYPIAT(weemqu%z4 oPHASED PREUMIKARYPILAT n PRELIMINARY PLAT FOR PRIVATE STREETSIGATED SUBDIVISION — a8rmpWammu 4rdWWA mrrhfg 2 20XVwW2t Mg3pVandaunt6emeL SUBDIVISION PLAT NAME: must be a unique name, contact staff for assistance if needed. The Lake at Kenai 2M Replat PROPERTY INFORMATION: Legal desaf Dw- Tract A The Lake at Kenai 2018 Addition - Phase i (KN2019.67) Section:2 Township: SN Range:11 W General area description Beaty Loop & Angler Dr City (if applicable): Kenai Total Acreage: 22.277 SURVEYOR — Campony: McLane Consulling, )nc. Cantact Person: Andrew Hamilton Malling Address. -PO BOX 468 City, Stat4 2 pSoldatna, AK SM9 Phone:907.283.4218 e-=&ahamlEon@nciat .com PROPOSED WASTEWATERAND WATER SUPPLY WASTEWATER:11 on site O City o community WATER: Sl on site Ei City n community SUBMITTAL REQUIREMENTS A x1-full shepapercopy J 3-reducedsiuddraMngttlx171 R PndknlnarypretNONAEa1NDABtEsubmitialfee 00 Z City Planning Commission minuteswhen located Wdidn city limftsor Bridge Creek Watershed District b CertOrcateto plat forg�LLparcels included in the subdivision Documentation showing proof of signatory authority (partnerships, owporations, estates, trusts, etc.) r4Atlrequirements of KPB 20.2S.070 (seepage 2 forcheddist)and KPB 20.25Mo EXCEPTIONSREQUEumTOPLATTIN&caDL-cwn*be heExcEpn 1NREQuEsrAPPUCAwNandattadxtio the preb* arypla a6rdtlal. APPLICANT: SIGNATURES OF ALL. LEGAL PROPERTY OWNERS ARE RE UIRED. Additional srgrratttre sheets can be attached. When signing on behalf of another Individual, estate, corporation. " partnership, ic.,dawmentationisrequiredtoshowauthorityoftheIndivrdual(s)signing.ContactKPH, staff for clarification If needed. OWNER(s) Name (printed): Signature: Phone: 4107 Name (printed): Signature: Phone: e•tnail: Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail. FOROFF/CEUSEONLY RECEIVED BV DATESUBMIfTED KPB FILE# a] r.� r, I r S ` F stAmcrim Guarantee Subdivision Guarantee Issuml by First American Title Insurance Company GUARANTEE NUMBER 5033602-0229-4226677 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary lass or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. FIRST Ab"ICAN TITLE INSURANCE COMPANY BY: Kenneth D. DeGiorgio, President Lisa W. Cornehl, Secretary This jacket was seated electronically and constiiubes an original document FirsiAmenican j71He lmsuraixv Compaary Dustyn Fergus, Title Officer orm 5033602 (4-10-18) ge 1 of 8 CLTA 14 Subdivision Guarantee (4-10-7 Alask- r r SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In (a) Defects, liens, encumbrances, adverse claims or other matters Schedule A of this Guarantee, the Company assumes no affecting the title to any property beyond the lines of the land liability for loss or damage by reason of the following: expressly described in the description set forth in Schedule (A), (a) Defects, liens, encumbrances, adverse claims or other (C) or in Part 2 of this Guarantee, or tide to streets, roads, matters against the title, whether or not shown by the avenues, lanes, ways or waterways to which such land abauts, public records. or the right to maintain therein vaults, tunnels, ramps or any (b) (1) Taxes or assessments of any taxing authority that structure or improvements; or any rights or easements therein, Wes taxes or assessments on real property; or, (2) unless such property, rights or easements are expressly and Proceedings by a public agency which may result in taxes specifically set forth in said description. or assessments, or notices of such proceedings, whether (b) Defects, liens, encumbrances, adverse claims or other matters, or not the matters excluded under (1) or (2) are shown whether or not shown by the public records; (1) which are by the records of the taxing authority or by the public created, suffered, assumed or agreed to by one or more of the records, Assureds; (2) which result in no loss to the Assured; or (3) (c) (1) Unpatented mining claim; (2) reservations or which do not result in the invalidity or potential Invalidity of any exceptions in patents or in Acts authorizing the issuance judicial or non judicial proceeding which is within the scope thereof; (3) water rights, claims or title to water, whether and purpose of the assurances provided. or not the matters excluded under (1), (2) or (3) are (c) The Identity of any party shown or referred to in Schedule A. shown by the public records. (d) The validity, legal effect or priority of any matter shown or 2. Notwithstanding any specific assurances which are provided in referred to In this Guarantee. Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: GUARANTEE CONDMONS AND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute Actions; Duty of The following terns when used in the Guarantee mean: Assured claimant to cooperate. (a) the "Assured": the party or parties named as the Even though the Company has no duty to defend or prosecute as Assured in this Guarantee, or on a supplemental writing set forth in Paragraph 3 above: executed by the Company. (a) The Company shall have the right, at its sole option and cost, (b) "land": the land described or referred to in Schedule to institute and prosecute any action or proceeding, interpose a (A)(C) or in Part 2, and improvements affixed thereto defense, as limited in (b), or to do any other act which in its which by law constitute veal property. The berm "land" opinion may be necessary or desirable to establish the title to does not include any property beyond the lines of the the estate or interest as stated herein, or to establish the lien area described or referred to in Schedule (A)(C) or In rights of the Assured, or to prevent or reduce loss or damage Part 2, nor any right, title, interest, estate or easement in to the Assured. The Company may take any appropriate action abutting streets, roads, avenues, alleys, lanes, ways or under the terms of this Guarantee, whether or not it shall be waterways. liable hereunder, and shall not thereby concede liability or (c) "mortgage": mortgage, deed of trust, trust deed, or waive any provision of this Guarantee. If the Company shall other security instrument. exercise Its rights under this paragraph, It shall do so diligently. (d) "public records": records established under state (b) If the Company elects to exercise its options as stated in statutes at Date of Guarantee for the purpose of Paragraph 4(a) the Company shall have the right to select imparting constructive notice of matters relating to real counsel of its choice (subject to the right of such Assured to property to purchasers for value and without knowledge. object for reasonable cause) to represent the Assured and shall (e) "date": the effective date. not be liable for and will not pay the fees of any other counsel, 2. Notice of Claim to be Given by Assured Claimant. nor will the Company pay any fees, costs or expenses Incurred An Assured shall notify the Company promptly in writing in by an Assured in the defense of those causes of action which case knowledge steal l come to an Assured hereunder of any allege matters not covered by this Guarantee. claim of title or interest which is adverse to the title to the (c) Whenever the Company shall have brought an action or estate or interest, as stated herein, and which might cause Interposed a defense as permitted by the provisions of this lass or damage for which the Company may be liable by Guarantee, the Company may pursue arty litigation to final virtue of this Guarantee. If prompt notice shall not be given determination by a court of competent jurisdiction and to the Company, then all liability of the Company shall expressly reserves the right, in its sole discretion, to appeal terminate with regard to the matter or matters for which from an adverse judgment or order. prompt notice is required; provided, however, that failure to (d) In all cases where this Guarantee permits the Company to notify the Company shall in no case prejudice the rights of prosecute or provide for the defense of any action or any Assured unless the Company shall be prejudiced by the proceeding, an Assured shall secure to the Company the right failure and then only to the extent of the prejudice. to so prosecute or provide for the defense of any action or 3. No Duty to Defend or Prosecute. proceeding, and all appeals therein, and permit the Company The Company shall have no duty to defend or prosecute any to use, at its option, the name of such Assured for this action or proceeding to which the Assured Is a party, purpose. Whenever requested by the Company, an Assured, at notwithstanding the nature of any allegation In such action or the Company's expense, shall give the Company all proceeding. -� rn S033602 (4-10-18) 1 rage 2 of 8 CLTA 14 Subdivision Guarantee (4-10-75 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (96) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for, examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, (edgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representatm of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration. of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee, to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Form 5033602 (4-10-18) age 3 of 8 indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attomeys` fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed lass or damage, other than to make the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the. Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant: To pay or otherwise settle with other parties•ftir or in the name 'of an Assured claimant -any claim assured against under this Guarantee, together with any costs, attorneys" fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed Ins or damage, other than to matte the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary toss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this.Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section to of these Condition and Stipulations or as reduced. under Section 9 of these Conditions and Stipulations, at the time the lass or damage assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or Interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or.encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by CLTA 14 Subdivision Guarantee (4-10.75 AI GUARANTEE CONDITIONS AND STIPULATIONS (Continued) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attomeye fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured word have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. °nn 5033602 (4-10-18) age 4 of B 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the aption of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered In any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee, Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. in Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a vice Presii a the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent, All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Tittle Insurance Company, Attn: Claims National Intake Center, i First American Way, Santa Ana, Califorrila 92707 Cialms.NlC@firatam.dom Phone: 888-632- 1642 Fax: 877-804-7606 CLTA 14 Subdivision Guarantee (44 75 Alaski-i �. • • Subdivision Guarantee FastAmericm ride MID BY First American Title Insurance Company Schedule A 4z"' »ems Order No.: 4226677 Liability: $1,000.00 Fee: $300.00 Tax: $N/A Name of Assured: McLane Consulting Inc Date of Guarantee: December 16, 2024 The assurances referred to on the face page hereof are: 1. Title is vested In. Angier Enterprises Inc. 2. That, according to the Public Records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee: A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the Issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Alaska. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of A.S. Section 38.04.045 and A.S. Chapter 40.15., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for dosing any transaction affecting title to said property. 6. Any sketch attached hereto Is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Farm 5033602 (4-10-18) age 5 of 8 CLTA 14 Subdivision Guarantee (4-20-7 Subdivision Guarantee l'a�nu'tAmMi C411111 d lde MED BY Hirst American TiM Insurance Company Schedule B File No.: 0229-4226677 GUARANTEE NUMBER 422"77 RECORD WIMIRS 7. Reservations or exceptions In patents or In acts authorizing the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities. Note: Tide to the mineral estate, as it pertains to said reservation, has not been further searched and no insurance is provided under this policy. 8. Taxes and/or Assessments, if any, due The Kenai Peninsula Borough and the (Sty of Kenai. 9. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of Unnamed Pond. 10. Any prohibition or limitation on the use, occupancy or Improvements of the land resulting from the right of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 11. Right of Way Easement, including the terms and provisions thereof, granted to Homer Electric Association, Inc., and its assigns and/or successors in interest, to construct, operate and maintain an electric transmission and/or telephone distribution line or system by instrument Recorded: July 13,1957 Recording Information: Book 4 Page 67 Affects: Blanket Easement 12. Oil and Gas Lease, Amendments and Assignments thereto upon the terms, covenants and conditions therein provided, and any failure to comply, Dated: August 16, 1957 Lessor: Michael J. Pelch and Aniela E. Pelch, husband and wife Lessee: The Ohio Oil Company Term: 10 years with provisions for extension Recorded: February 20, 1958 Recording Information: Book 7 Page 102 Note: Title to the mineral estate, as it pertains to said oil and gas lease, has not been further searched and no insurance is provided under this policy. 13. Easement, including terms and provisions contained therein: Recording Information: May 16, 1966, Book 39 Page 50 In Favor of: Philip T. Ames and Betty Anne Ames For: Access and water well use and appurtenances thereto Affects: Exact location not disclosed orm 5033602 (4-10-18) Page 6 of 8 CLTA 14 Subdivision Guarantee (4-10-75 14. Right of Way Easement, including the terms and provisions thereof, granted to Homer Electric Association, Inc., and its assigns and/or successors in interest, to construct, operate and maintain an electric transmission and/or telephone distribution line or system by instrument Recorded: August 17, 1987 Recording Information: Book 314 P _3i5 Affects: Portion as delineated in instrument 15. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 16. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) 17. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: July 21, 2021, Serial Number 2021-007948.0 NOTE: We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. rm 5033602 (41048) age 7 of 8 CLTA 14 Subdivision Guarantee (4-10-75 . .,� Subdivision Guarantee Furst American Title Insurance Company 14226677 Schedule File No.: 0224-4226677 The land In the Recording District of Kenai, State of Alaska, described as follows: Tract A, THE LAKE AT KENAI 2016 ADDITION - PHASE 1, according to the official plat thereof, filed under Plat Number , Records of the Kenai Recording District, Third ]udidal District, State of Alaska. +arr� 5833602 (4-10-18) jP age 8 of 8 CLTA 14 Subdivision Guarantee (4-10-75 Guarantee Subdivision Guarantee Issued by First American Title Insurance Company GUARANTEE NUMBER 5033602-0229-4226677 SUBIECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation., herein called the Company GUARANTEES the Assured named In Schedule A against actual monetary loss or damage not exceeding the liability stated In Schedule A, which the Assured shall sustain by reason of any Incorrectness In the assurances set forth in Schedule A. RRSST AIi MIW.AN TrrLE INSURANCE COMPANY . � Kenneth U. DoWorgio, President � LisaW. Cornebt, Secretary This jacket was created electronically and constitutes an original document r%xtAmenican We Insurance Campany 0a" t" Dustyn Fergus, Title Officer rin 5033602 (+10-16) ge i of 6 QTA 14 Subdivision Guarantee (4-10-75 Aliwk: SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In (a) Defects, liens, encumbrances, adverse claims or other matters Schedule A of this Guarantee, the Company assumes no affecting the title to any property beyond the lines of the land liability for loss or damage by reason of the following: expressly described to the description set forth in Schedule (A), (a) Defects, liens, encumbrances, adverse claims or other (C) or in Part 2 of this Guarantee, or title to streets, roads, matters against the title, whether or not shown by the avenues, lanes, ways or waterways to which such land abuts, public records. or the right to maintain therein vaults, tunnels, ramps or any (b) (1) Taxes or assessments of any taxing authority that structure or Improvements, or any rights or easements therein, levies taxes or assessments on real property; or, (2) unless such property, rights or easements are expressly and Proceedings by a public agency which may result in taxes specifically set forth in said description. or assessments, or notices of such proceedings, whether (b) Defects, liens, encumbrances, adverse claims or other matters, or not the matters excluded under (1) or (2) are shown whether or not shown by the public records; (1) which are by the records of the taxing authority or by the public created, suffered, assumed or agreed to by one or more of the records. Assureds; (2) which resultin no loss to the Assured; or (3) (c) (1) Unpatented mining claims; (2) reservations or which do not result in the invalidity or potential invalidity of any exceptions in patents or in Acts authorizing the issuance judicial or non -judicial proceeding which is within the scope thereof; (3) water rights, claims or title to water, whether and purpose of the assurances provided. or not the matters excluded under (1), (2) or (3) are (c) The identity of any party shown or referred to in Schedule A. shown by the public records. (d) The validity, legal effect or priority of any matter shown or 2. Notwithstanding any specific assurances which are provided in referred to in this Guarantee. Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: GUARANTEE CONDITIONS AND STIPULATIONS 2. Definition of Terms. 4. Company's Option to Defend or Prosecute Actions; Duty of The following terms when used In the Guarantee mean: Assured Claimant to Cooperate. (a) the "Assured"; the party or parties named as the Even though the Company has no duty to defend or prosecute as Assured in this Guarantee, or on a supplemental writing set forth in Paragraph 3 above: executed by the Company. (a) The Company shall have the right, at its sole option and cosk, (b) "land"; the land described or referred to in Schedule to institute and prosecute any action or proceeding, interpose a (A)(C) or in Part 2, and improvements affixed thereto defense, as limited in (b), or to do any other act which in its which by law constitute real property. The term "land" opinion may be necessary or desirable to establish the title to does not include any property beyond the lines of the the estate or interest as stated herein, or to establish the lien area described or referred to in Schedule (A)(C) or In rights of the Assured, or to prevent or reduce loss or damage Part 2, nor any right, title, Interest, estate or easement in to the Assured. The Company may take any appropriate action abutting streets, roads, avenues, alleys, lanes, ways or under the terms of this Guarantee, whether or rot it shall be waterways. liable hereunder, and shall not thereby concede liability or (c) "mortgage": mortgage, deed of trust, trust deed, or waive any provision of this Guarantee. If the Company shall outer security instrument exercise its rights under this paragraph, it shall do so diligently. (d) "public regards": records established under state (b) If the Company elects to exercise its options as stated in statutes at Date of Guarantee for the purpose of Paragraph 4(a) the Company shall have the right to select imparting constructive notice of matters relating bo real counsel of its choice (subject to the right of such Assured to property to purchasers for value and without knowledge. object for reasonable cause) to represent the Assured and shall (e) "date": the effective date. not be liable for and will not pay the fees of any other counsel, 2. Notice of Claim two be Given by Assured CiaimanL nor will the Company pay any fees, costs or expenses incurred An Assured shall notify the Company promptly in writing in by an Assured in the defense of those causes of action which case knowledge shall come to an Assured hereunder of any allege matters not c Dwred by this Guarantee. claim of title or interest which is adverse t:o the title to the (c) Whenever the Company shall have brought an action or estate or interest, as stated herein, and which might cause interposed a defense as permitted by the provisions of this loss or damage for which the Company may be liable by Guarantee, the Company may pursue any litigation to final virtue of this Guarantee. If prompt notice shalt not be given determination by a court of competent jurisdiction and to the Company, then all liability of the Company shall expressly reserves the right, in its sole discretion, to appeal terminate with regard to the matter or matters for which from an adverse judgment or order. prompt notice Is required; provided, however, that failure to (d) In all cases where this Guarantee permits the Company to notify the Company shall in no case prejudice the rights of prosecute or provide for the defense of any action or any Assured unless the Company shall be prejudiced by the proceeding, an Assured shall secure to the Company the right failure and then only to the extent of the prejudice. to so prosecute or provide for the defense of any action or 3. No Duty two Defend or Prosecute. proceeding, and all appeals therein, and permit the company The Company shall have no duty to defend or prosecute any to use, at its option, the name of such Assured for this action or proceeding to which the Assured is a party, purpose. Whenever requested by the Company, an Assured, at notwithstanding the nature of any allegation in such action or the Company's expense, shall give the Company all proceeding. Orr 5033602 (4-10-18) ,age 2 of 8 CLTA 14 Subdivision Guarantee (4-10-75 AI GUARANTEE CONDITIONS AND STIPULATIONS (Continued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation,: the Company's obligations to the Assured under the Guaranty shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided .to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent.possible, the basis of calculating the amount of the loss or damage. If the Company Is prejudiced by the failure of the Assured to provide the required proofof loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. in addition, the Assured may reasonably be required to submit to examination under oath. by any authorized representative of the Company and shall produce for examination, inspection and copying, at Such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after late of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the, custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the daim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options; (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the rm 5033602 (4-10-18) age 3 of 6 Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attamey!e fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. " Such purchase, payment or bender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such Indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of -any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or In the name of an Assured claimant any daim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the .exercise by the Company of the option provided for In Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or proseutlon of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From. Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of. (a) the amount of liability stated In Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or tunes any odd matter assured against by this Guarantee in a reasonably diligent manner by CLTA 14 Subdivision Guarantee (4-10-75s Alaska 9. 10. 11. GUARANTEE CONDITIONS AND STIPULATIONS (Continued) any method, including litigation and the completion of 12. Arbitration. any appeals therefrom, It shall have fully performed its Unless prohibited by applicable law, either the Company or the obligations with respect to that matter and shall not be Assured may demand arbitration pursuant to the Tide Insurance liable for any loss or damage caused thereby. Arbitration Rules of the American Land Title Association. Arbitrable (b) In the event of any litigation by the Company or with the natters may Include, but are not limited to, any controversy or Company's consent;, the Company shall have no liability claim between the Company and the Assured arising out of or for loss or damage until there has been a final relating to this Guarantee, any service of the Company in determination by a court of competent jurisdiction, and connection with its Issuance or the breach of a Guarantee provision disposition of all appeals therefrom, adverse to the title, or other obligation. All arbitrable matters when the Amount of as stated herein. Liability is $2,000,000 or less shall be arbitrated at the option of (c) The Company shall not be liable for loss or damage to either the Company or the Assured. All arbitrable matters when the any Assured for liability voluntarily assumed by the amount of liability is in excess of $2,000,000 shall be arbitrated only Assured In settling any claim or suit without the prior when agreed to by both the Company and the Assured. The Rules Witten consent of the Company. in effect at gate of Guarantee shall be binding upon the parties. Reduction of Liability or Termination of Lialbllity. The award may include attorneys' fees only if the laws of the state All payments under this Guarantee, except payments made in which the land Is located permits a court to award attorneys' fees for costs, attorneys' fees and expenses pursuant to Paragraph to a prevailing party. Judgment upon the award rendered by the 4 shall reduce the amount of liability pro tanto. Arbitrator(s) may be entered In any court having jurisdiction Payment of Loss. thereof. (a) No payment shall be made without producing this The law of the situs of the land shall apply to an arbitration under Guarantee for endorsement of the payment unless the the Title Insurance Arbitration Rules. Guarantee has been lost or destroyed, in which case A copy of the Rules may be obtained from the Company upon proof of loss or destruction shall be furnished to the request satisfaction of the Company. 13. Liability Limited to This Guarantee, Guarantee Entire (b) When liability and the extent of loss or damage has been Contract. definitely faced in accordance with these Conditions and (a) This Guarantee together with all endorsements, if any, Stipulations, the loss or damage shall be payable within attached hereby by the Company is the entire Guarantee and thirty (30) days thereafter. contract between the Assured and the Company. In Subrogation Upon Payment or Settlement. interpreting any provision of this Guarantee, this Guarantee Whenever the Company shall have settled and paid a claim shall be construed as a whole. under this Guarantee, all right of subrogation shall vest in the (b) Any claim of loss or damage, whether or not based on Company unaffected by any act of the Assured daimanL negligence, or any action asserting such claim, shall be The Company shall be subrogated to and be entitled to all restricted to this Guarantee. rights and remedies which the Assured would have had (c) No amendment of or endorsement to this Guarantee can be against any person or property in respect to the claim had this made except by a writing endorsed hereon or allached hereto Guarantee not been issued. If requested by the Company, signed by either the President, a Moe President, the Secretary, the Assured shall transfer to the Company all rights and an Assistant Secretary, or validating officer or authorized remedies against any person or property necessary in order to signatory of the Company. perfect this right of subrogation. The Assured shall permit the 14. Notices, Where Sent. Company to sue, compromise or settle in the name of the All notices required to be given the Company and any statement in Assured and to use the name of the Assured in any writing required to be furnished the Company shall include the transaction or litigation involving these rights or remedies. number of this Guarantee and shall be addressed to the Company If a payment on account of a claim does not fully cover the at First American line insurance Company, Attn: Claims loss of the Assured the Company shall be subrogated to all National Intake Center,1 First American Way, Santa Ana, rights and remedies of the Assured after the Assured shall California 92707 MIms.NlC@frrstam.com Phone: 888-632- have recovered its principal, intent, and costs of collection. 1642 Fax: 877-804-7606 ;r n 5033602 (4-10-18) rage 4 of 8 ' ` - - CLTA 14 Subdivision Guarantee (4-10-75 -Ala .�irstAwarican ride Schedule A Order No.: 4226677 Name of Assured: McLane Consulting Inc Date of Guarantee: December 16, 2024 Subdivision Guarantee Issm By First American Title Insurance Company GUARANTEE NUMBER 4226677 Liability: $1,000.00 Fee: $300.00 Tax: $NJA The assurances referred to on the face page hereof are: 1. Tltle is vested in: Angler Enterprises Inc. 2. That, according to the Public Records relative to the land described In Schedule C attached hereto (Including those records maintained and indexed by name), there are no other documents affecting tide to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee: A. Unpabented Mining Claims, reservations or exceptions.in patents or in acts authorizing the issuance thereof. B. Water rights, claims or tide to water. C. Tax Deeds to the State of Alaska. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing dde evidence as may be required when subdividing land pursuant to the provisions of A.S. Section 38.04.045 and A.S. Chapter 40.15., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for dosing any transaction affecting tide to said. property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any tide commitment, guarantee or policy. It is fumished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it rm SD336M (4-10-18) age 5 of 8 CLTA 14 SubdMsfon Guarantee (+I 71' Al `00, ■8a4"er �irstAmeiliCw ride Schedule B File No.: 0229-4226677 Subdivision Guarantee tssueo BY First American Title Insurance Company GUARANTEE NUMBER 4226677 R9CQRD MATTERS 7. Reservations or exceptions In patents or in acts authorizing the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities. Note: Title to the mineral estate, as it pertains to said reservation, has not been further searched and no insurance is provided under this policy. 8. Taxes and/or Assessments, if any, due The Kenai Peninsula Borough and the City of Kenai. 9. Rights of the public and of govemmental bodies in and to that portion of the premises herein described lying below the high water mark of Unnamed Pond. 10. Any prohibition or limitation on the use, occupancy or improvements of the land resulting from the right of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 11. Right of Way Easement, including the terms and provisions thereof, granted to Homer Electric Association, Inc., and its assigns and/or successors in Interest, to construct, operate and maintain an electric transmission and/or telephone distribution line or system by instrument Recorded: July 13, 1957 Recording Information: Book 4 Page 67 Affects: Blanket Easement 12. Oil and Gas Lease, Amendments and Assignments thereto upon the terms, covenants and conditions therein provided, and any failure to comply, Dated: August 16,1957 Lessor: Michael 3. Pelch and Aniela E. Pelch, husband and wife Lessee: The Ohio Oil Company Term: 10 years with provisions for extension Recorded: February 20, 1958 Recording Information: BooklPage 102 Note: Title to the mineral estate, as it pertains to said oil and gas lease, has not been further searched and no insurance is provided under this policy. 13. Easement, including terms and provisions contained therein: Recording Information: May 16, 1966, Book 39 Page 50 In Favor of: Philip T. Ames and Betty Anne Ames For: Access and water well use and appurtenances thereto Affects: Exact location not disclosed orm 5033602 (4-10-18) age 6 of 8 CLTA 14 Subdivision Guarantee (4-10-75 Ala 14. Right of Way Easement, including the terms and provisions thereof, granted to Homer Electric Association, Inc., and its assigns and/or successors in interest, to construct, operate and maintain an electric transmission and/or telephone distribution line or system by instrument Recorded: August 17, 1987 Recording Information: Soon 314 P_aae 91� ffe Acts: Portion as delineated in instrument 15. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 16. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) 17. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: July 21, 2021, Serial Number ?OZ-tft}748�4 NOTE: We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security Interest in the subject properly. orm 5033602 (410-19) age 7 of 8 CLTA 14 Subdivision Guarantee (4-10-75 Aiask ,.i....,,�; ,(m I�+r�t Subdivision Guarantee Fawfican First American Title Insurance Company Schedule C 14226677 _ _l File No.: 0229-4226677 The land In the Recording District of Kenai, State of Alaska, described as follows: Tract A, THE LAKE AT KENAI 2016 ADDITION - PHASE 1, according to the official plat thereof, filed under Plat Number 019-67, Records of the Kenai Recording District, Third Judicial District, State of Alaska. �r► 5�336t12 (4-10-18) ge 8 of 8 CLTA 14 Subdivision Guarantee (410-75 ♦ ♦ k d� - 04 w r , r r �E m g 7O �e 5 1A .� �ygE pig' i "d8 a l tlg Hq IRIN �3<g�'�+y5p+y5 3R� 3� x la i i iy EECpp f C`a gall Ift HH .f f 1 I !r \ I r , r 1---L e� \ r ♦ p4 \ � O ♦ 6� � Y4 * �e ~ ` e \ g \ fF r Brandon McElrea From: Andrew Hamilton <ahamilton@mclanecg.com> Sent: Wednesday, January 15, 2025 1.40 PM To: Brandon McElrea Subject: FW: The Lake at Kenai 2025 Addition CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Brandon, I spoke with Steve. Please proceed with Anglers Cove Court and Peace of Mind Circle Thanks, Andrew Hamilton, PLS McLane Consulting, Inc. Office: (907)283-4218 Cell: (907)953-2734 From: Brandon McElrea <bmcelrea@kenai.city> Sent: Wednesday, January 15, 20251:27 PM To: Andrew Hamilton <ahamilton@mclanecg.com> Subject: RE: The Lake at Kenai 2025 Addition Thank you. And it was "Anglers Cove Court", my mistake. From: Andrew Hamilton <ihami ton@mclanecg.com> Sent: Wednesday, January 15, 20251:23 PM To: Brandon McElrea <AmceireajwKenai.city> Subject: RE: The Lake at Kenai 2025 Addition CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Brandon, I will reach out to Sieve Foster and verify. Touch base soon Andrew Hamilton, PLS McLane Consulting, Inc. Office: (907)283-4218 Cell: (907)953-2734 From: Brandon McElrea <++mrai> Sent: Wednesday, January 15, 20251:21 PM To: Andrew Hamilton <ahamilton@mclanecg.com> Subject: The Lake at Kenai 2025 Addition Andrew, Quick question. The original preliminary plat from 2016 had the names of the ROWs as "Angler Court" (thumb off Beaver Loop) and "Peace of Mind Circle" (road off Angler). Do you know if those proposed names still apply, or are they truly yet to be determined? Just wrapping up my staff report for next weeks meeting and thought I'd ask. Thank you, Brandon Brandon McElrea Planning Technician City of Kenai 1 210 fidalgo Avenue 1 Kenai, AK 99611 0: (907)283-8233 j bmcelrea@kenai.citY X.1 K 1:NAI Tb. b.., Pl.r. 1= r o ASKA