Land Exchange Agreement
Independence Park Donation
& Land Exchange with Clinton DesJarlais & STATE OF ALASKA DOT&PF
Introduction:
Clinton DesJarlais agrees to settle out of court and withdraw his suit in Anchorage Federal
District Court Case 3:15-cv-00133-RBB and quit any claim about rights on his two Remnant
parcels from the B. Clarence Homestead Patented land area provided the STATE OF ALASKA
DOT&PF (Further referred to as DOTPF) is willing to accept a land exchange.
The exchange would involve no monetary transactions
Land proposed for exchange would be good for the STATE OF ALASKA and
the citizens of the MUNICIPALITY OF ANCHORAGE and
an American Citizen who has a family to raise in Alaska.
Land Exchange:
Complete and full fee simple transfer of ownership and all rights of Clinton DesJarlais’
Remnant Lot #1, [MOA Parcel # 016-061-52-000] 0.123 ac AND
Remnant Lot #2, Recorded 2015-038005-0 1.65ac
For
STATE OF ALASKA DOT&PF’s Owned ROW Lot
Parcel Number 016-103-07-000 Lot “Tract D2, Anchorage South Subdivision” 1ac
Subject to full fee reservations needed to widen O’Malley Road according to the
general plan at http://omalleyroad.com/phase1/Documents/aerial2WEB.pdf
and that the STATE OF ALASKA and any other designated representative public
or private, shall be in charge of affording the general public full, free, and
uninterrupted use of said right of way for the purposes aforesaid, and for public
utilities and all other purposes deemed by STATE OF ALASKA to be beneficial,
desirable or necessary in connection with the use of said right of way as a
highway.
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SUPPORTING REASONS FOR LAND EXCHANGE
Land Exchange is in the STATE’s best interest because:
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Saves public resources through settlement and promoting good relations.
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Provides access, parking, and development for parks and recreation in the South
Anchorage Area.
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Quiets Clinton DesJarlais’ claims through exchanging property.
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Encourages straightforward progress for the O’Malley Road Project.
PAST INTERACTIONS THAT CAN SUPPORT THIS EXCHANGE
Al Burton, DOTPF Liaison, has stated to Clinton, that DOTPF may be interested in the prospect
of acquiring use of Clinton’s Remnant Lot #1 for diverting exit traffic from Independence Drive
while the work on the intersection of Independence Park and O’Malley Road is being completed.
Al Burton, while in negotiations with Clinton DesJarlais, inform him that the MUNICIPALITY
OF ANCHORAGE asked DOTPF to present to Clinton that the MUNICIPALITY desired to
purchase Clinton’s Remnant Lot #1. Clinton’s answer was that he was interested in land, not
money.
Al Burton, informed Clinton DesJarlais that if he was an adjacent property holder to a DOTPF
project that DOTPF would be obliged to work with him on access and rights issues regarding his
property.
Clinton DesJarlais, has communicated to Municipal Zoning, and Planning, and Parks offices
requesting that the Municipality of Anchorage deal with the fact that there is no effective access
to Independence Park [8 Acre Dedicated Municipal Park], and that citizens traverse Chili
Peppers Field and his property without permission in order to access Independence Park.
Tom Korosei, MOA Parks Planner, who drafted the Memoranda to Dedicate Independence Park,
is interested in the possibility of improving access and development of the park for the public.
Various neighbors, Clinton interacts with desire to see access and improvement of Independence
Park.
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FUTURE DEVELOPMENT OF INDEPENDENCE PARK
Ideas
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Memorial for the AMERICAN DECLARATION OF INDEPENCE
Possible Uses:
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Community Garden
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Duck & Fish Pond
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Greenbelt
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Picnic Place with Gazebo’s and picnic tables
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South Anchorage Dog Park
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Level Access for People with Disabilities
PROPOSALS
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Signage on the Park Property for the Public to Know it’s public land.
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MOA Parks can annex Tract A to expand Independence Park to provide the
public a parking lot accessible close to a main thoroughfare, “O’Malley Road.”
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Exchanged DesJarlais Lot#1, can to connect DOT&PF, Tract A to Independence
Park, Tract B2-B.
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Exchanged DesJarlais Lot#1, can be used for vehicular access via Independence
Drive, for traffic approaching on a left in from O’Malley.
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Possibility of MOA Parks through negotiations, to acquire “Chili Peppers Field”
for continued children’s sports usage.
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LAWS & POLICIES SUPPORTING LAND EXCHANGE
Alaska Constitution Article 8, Natural Resources:
Section 1: It is the policy of the State to encourage the settlement of its land and the
development of its resources by making them available for maximum use consistent with
the public interest.
Section 2: The legislature shall provide for the utilization, development, and conservation
of all natural resources belonging to the State, including land and waters, for the
maximum benefit of its people.
Section 10: No disposals or leases of state lands, or interests therein, shall be made
without prior public notice and other safeguards of the public interest as may be
prescribed by law.
Alaska Right-of-Way Manual December 2015
3.3.1. Types of Title: DOT&PF’s policy is to acquire all ROW in fee simple title when
feasible.
9.9.4. Methods of Disposal: If land or rights in land are excess to DOT&PF’s needs,
the Regional ROW Chief must determine whether the land has a potential use for
parks, conservation, recreation, or a related purpose. If it does, the Regional ROW
Chief will notify each appropriate federal, State, and local agency and the Regional and
Statewide Environmental Sections.
6.7.2. Be positive: Inform the owner of the following: • public necessity of the facility or
improvement; • positive effects the improvement will have on the neighborhood and
the remaining property; • engineering, environmental studies, and public hearings held
that led to determining the final location; and • impacts on the owner’s property and
DOT&PF’s decisions or actions to deal with or mitigate those impacts
6.9.2. Land Exchange: A land exchange is an alternative method of acquiring property
for a DOT&PF project. It involves the acquisition of property rights needed by
DOT&PF in exchange for a specific parcel of land desired by the property owner,
who must initiate the request for a land exchange in writing. The decision to acquire
land by exchange is discretionary, and used only when it is clearly in the best interest of
the State. The Regional ROW Chief will forward the property owner’s request to the PreConstruction Engineer with a recommendation for either approval or denial.
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CONCLUSION
Clinton DesJarlais’s statement of intent is to promote peace in the community, encourage
progress and safety, and to raise his family in Alaska, especially in South Anchorage. This land
exchange will quiet the lengthy discussions of rights and will instead encourage agreement and
progress in the community.
The prospect of an Independence Park with effective access provides great value to the
community. MOA parks could have a parking lot so as to encourage maximum utilization of
park property consistent with the Abbott Loop Community Council’s resolution, MOA Parks
Dedication, and support of citizens who would be interested in making what is good better. Most
of all, this park donation from DOT&PF would be consistent with the Alaska Constitution, ROW
Manual, and the FHWA.
This offer is presented in good faith freely with full knowledge and desire to cooperate. If there
are any further negotiations or procedures that must be fulfilled to encourage the public trust in
this process or any laws or regulations that need to be adhered to in order to facilitate this
exchange, Clinton DesJarlais is willing and able to accommodate those needs.
Clinton DesJarlais
Date: __________
DECLARATION
The Commissioner of the Department of Transportation & Public Facilities hereby formally
declares that the State’s best public interest will be served by the Department acquiring
Parcels:
1.
2.
Clinton DesJarlais Remnant Lot #1, [MOA Parcel # 016-061-52-000] .123 ac
Clinton DesJarlais Remnant Lot #2 Recorded 2015-038005-0 1.65ac
for exchange with
1. Parcel Number 016-103-07-000 Lot “Tract D2, Anchorage South Subdivision” 1ac,
owned by
STATE OF ALASKA DOT&PF
Project # STP-0512(5)/53935, with reservations which will be used for transportation purposes.
RECOMMENDED FOR APPROVAL: Chief Engineer, Division of Statewide Design and
Engineering Services
Date: __________
APPROVED: Commissioner, Department of Transportation & Public Facilities
Date: __________
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EXHIBITS
1. State of Alaska DOT&PF/ O’Malley Road Project Phase 1/ Independence Park Donation &
DesJarlais Land Exchange Exhibit/ Page 1of 3
2. State of Alaska DOT&PF/ O’Malley Road Project Phase 1/ Independence Park Donation &
DesJarlais Land Exchange Exhibit/ Page 2of 3
3. State of Alaska DOT&PF/ O’Malley Road Project Phase 1/ Independence Park Donation &
DesJarlais Land Exchange Exhibit/ Page 3of 3
4. Independence Park Dedication/ MOA Parks & Recreation Department/
PRC-08-24 Memorandum/ Page 1 of 4
5. Independence Park Dedication/ MOA Parks & Recreation Department/
PRC-08-24 Memorandum/ Page 2 of 4
6. Independence Park Dedication/ MOA Parks & Recreation Department/
PRC-08-24 Memorandum/ Page 3 of 4
7. Independence Park Dedication/ MOA Parks & Recreation Department/
PRC-08-24 Memorandum/ Page 4 of 4
8. Contact List
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Contact List
1. Clinton DesJarlais, Citizen Property Owner
9138 Arlon St/ St A3 #462
Anchorage, AK 99507
907-887-9714
[email protected]
3. Tom Korosei, MOA Parks Planner
PO Box 196650
Anchorage, AK 99519
907-343-4503
[email protected]
4. Cynthia Ferguson, P.E., DOT&PF Project Manager
P.O. Box 196900
Anchorage, AK 99519-6900
(907) 269-0589
[email protected]
5. Joann Mitchell, P.E., Public Involvement Coordinator
Kinney Engineering, LLC
750 W. Dimond Blvd, Suite 203
Anchorage, AK 99515
(907) 344-7590
[email protected]
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