A04_SOW_AWD_Exhibit_1_HOM_26_1_Request_package_26-043.pdf

PDF 5 MB Posted Jun 3, 2026

Attached to: Appraisal Services near Homer, Alaska
Solicitation number: 140D0426Q0511
Issued by: Department of the Interior Departmental Offices Interior Business Center

About this file

Written by GovTribe AI · Jun 3, 2026

This document package consists of an Appraisal Request and supporting land title records for Native Allotment 975 AA 803 D located in Homer, Alaska.

The appraisal request, dated March 16, 2026, seeks an appraisal of the subject property which is held in trust by the Bureau of Indian Affairs for Mark A. Roehl. The tract encompasses approximately 40.43 acres within Lot 4 of the Roehl Parcels Record of Survey (Amended), Plat No. 2008-53, in the Homer Recording District. The property is subject to a 60-foot-wide road easement for public road purposes and associated improvements. The transaction type is classified as an easement (road), with restrictions retained on the property. The original allottee was Charlie A. Roehl, with current owner Mark A. Roehl. The property is accessible by road and is not within or adjacent to a Federal Refuge or Park. Supporting documents include a current Certified Title Status Report, a Deed to Restricted Indian Land (recorded 1996), a Native Allotment Patent (1973), and a Grant of Right-of-Way document. The Grant of Right-of-Way is effective January 1, 2025 through December 31, 2050, with automatic renewal provisions for an additional 30-year term and allows for a 60-foot-wide roadway with culverts and standard maintenance activities. The land remains subject to federal mineral and coal reserves, with rights-of-way reserved for ditches, canals, railroads, and telegraph/telephone lines. The appraisal request was received on March 20, 2026, and assigned AVSO Request No. 26-043.

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File	Type	Posted
A04_SOW_AWD_Exhibit_2_HOM_26_1_Request_package_26-047.pdf	PDF	Jun 3, 2026
A04_SOW_Exhibit_1_HOM_26_1_Maps.pdf	PDF	Jun 3, 2026
Sol_140D0426Q0511.pdf	PDF	Jun 3, 2026
B08_SOL_Continuation_HOM.pdf	PDF	Jun 3, 2026
A04_SOW.pdf	PDF	Jun 3, 2026

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ENCUMBRANCE REPORT (Unofficial Copy – Reference TAAMS for Official Data)

975 AA 803 D - MARK A ROEHL Tract Reference Number: 35300047 Resource Code: D

Tract Legal Description:

Parcel 4, Roehl Parcels Record of Survey (Amended), plat No. 2008-53, Homer Recording District, containing 3.47 acres.

Parcel Information

Survey System Identification Principal Meridian Size State/County

975 AA 803 D, LBS: PR 4, X, 3.47 AK - Alaska - 512 - HOMER

Parcel 4, Roehl Parcels Record of Survey (Amended), plat No. 2008-53, Homer Recording District, containing 3.47 acres.

Total Acreage: 3.47

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UNITED STATES OF AMERICA

DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

ALASKA REGION

GRANT OF RIGHT-OF-WAY

RW 975 #######

NATIVE ALLOTMENT 975 AA 803 D

The United States of America, acting by and through the Bureau of Indian Affairs, Department of the Interior, Alaska Regional Office, of 3601 C Street, Suite 1200, Anchorage, Alaska 99503, for, and on behalf, with the Consent of Mark A. Roehl, (Grantor), under authority contained and under the Act of February 5, 1948 (62 Stat. 17; 25 USC 323-328); and Part 169, Title 25, Code of Federal Regulations (CFR), Rights-of-Way (ROW) on Indian Land, which by reference are made a part hereof, does hereby grant to City of Homer OR KPB, (GRANTEE), a Grant of Easement for a PUBLIC ROAD easement, and associated improvements made to the 60 feet wide ROAD. GRANTEE will construct and maintain the driveway in such a manner that the road, and all the highway's appurtenances or facilities, are not impaired or endangered in any way. These include drainage facilities, pipes, culverts, ditches, traffic control devices, streetlights, pathways, and sidewalks. A road improvement is for a 60 feet wide road and culverts will be installed where necessary to maintain drainage patterns away from the allotment. Maintenance shall consist of such activities as grading, repairing culverts, cutting trees and maintaining ditches. Any substantial ground disturbing activities outside of those mentioned in the surveys, shall need approval by the Grantor and the Bureau of Indian Affairs, for the following described land:

An area of land contained within Lot 4, Roehl Parcels Record of Survey (Amended), Showing Retracement and Monumentation of the NE1/4, NW1/4, Recorded as Plat No.

2008-53, Homer Recording District, Located Within Section 9, Township 6 South, Range 13 West, Seward Meridian, Alaska, Kenai Peninsula Borough, Third Judicial District, State of Alaska. The perimeter of said area is described in Exhibit B, 1 page, and further shown on Exhibit ‘A’, 3 pages, attached hereto and made a part hereof.

the location of the ROW as shown on Exhibit A, attached hereto, and made a part thereof.

1. SUCCESSORS (§169.107(b) (3)) Successors are bound by the consent granted by their predecessors-in-interest.

2. DURATION (§169.201)

The ROW is for a term of 30 years to start on January 1, 2025 and end on December 31, 2050.

3. RENEWAL (§169.202)

This grant does allow for automatic renewal with Grantor consent for an additional 30 years to start on January 1, 2051 and end on December 31, 2076, so long as the ROW is used for the same purpose specified above, the initial term has not yet ended, no uncured violations exist, and the Grantor is notified of the renewal. The GRANTEE must provide the BIA with a signed affidavit stating there is no change in size, type, or location of the ROW.

4. PERMANENT IMPROVEMENTS (§169.130)

Any permanent improvements that will be constructed by the GRANTEE will be removed within sixty (60) days of the ROW expiration, cancellation, or termination, unless it is for safety. If the GRANTEE does not remove the permanent improvements, appurtenances, fixtures and equipment placed within the ROW within 60 days of the ROW expiration, cancellation, or termination, the Grantor has the right to take possession and title to the permanent improvements, unless negotiated otherwise, and agreed to in writing by the Grantor and the GRANTEE. If other negotiations are agreed to then a copy of the agreement must be given to the BIA immediately.

5. BOND, INSURANCE, OTHER SECURITY (§169.103, § 169.104)

The bond, insurance, or other security instrument must require the surety to provide notice to the BIA at least 60 days before canceling the bond, insurance, or other security. The GRANTEE must provide a substitute bond, insurance, or other security before the cancellation date. Failure to provide a substitute bond, insurance, or security is a violation of this grant.

6. GENERAL PROVISIONS (§169.125)

The GRANTEE and its successors and assigns are subject to the following provisions:

A. On tribal land, the tribe maintains its existing jurisdiction over the land, activities, and persons within the ROW under §169.10 and reserves the right of the tribe to reasonable access to the lands subject to the grant to determine GRANTEE compliance with consent conditions or to protect public health and safety;

B. The GRANTEE has no right to any of the products or resources of the land, including but not limited to, timber, forage, mineral, and animal resources, unless otherwise provided for in the grant;

C. BIA may treat any provision of a grant that violates Federal law as a violation of the grant;

D. GRANTEE will comply with the National Historic Preservation Act of 1966, as amended

(54 U.S.C. 306108), plus the Native American Graves Protection and Repatriation Act of 1990 (25 U. S. C. 3001-3013), and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-mm), and all implementing regulations.

E. If any previously unknown archeological or historic remains are discovered, either during the life of this revocable use permit, or in the course of associated activities on this property, the activities shall cease pending further recommendations from the BIA Regional Archeologist (36 CFR §800.13[b]).

F. If any previously unknown human remains or associated cultural items are discovered either during the life of this revocable use permit (lease), or in the course of associated activities on this property, the activities shall cease pending further recommendations from the Regional Archeologist. Any person who knows of the discovery of human remains or associated cultural items must provide notification by telephone, and follow up in writing, to the BIA Regional Archeologist (43 CFR §10.4).

G. The GRANTEE must:

i. Construct and maintain improvements within the ROW in a professional manner consistent with industry standards;

ii. Pay promptly all damages and compensation, in addition to bond or alternative form of security made pursuant to §169.103, determined by the BIA to be due the Grantor and authorized users and occupants of land as a result of the granting, construction, and maintenance of the ROW;

iii. Restore the land as nearly as may be possible to its original condition, upon the completion of construction, to the extent compatible with the purpose for which the ROW was granted, or reclaim the land if agreed to by the Grantor;

iv. Clear and keep clear the land within the ROW, to the extent compatible with the purpose of the ROW, and dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project;

v. Comply with all applicable laws and obtain all required permits;

vi. Not commit waste;

vii. Operate, repair and maintain improvements consistent with the ROW grant;

viii. Build and maintain necessary and suitable crossings for all roads and trails that intersect the improvements constructed, maintained, or operated under the ROW;

ix. Restore the land to its original condition, to the maximum extent reasonably possible, upon cancellation or termination of the ROW, or reclaim the land if agreed to by the Grantor;

x. At all times keep the BIA, and the tribe for tribal land, informed of the GRANTEE’s address;

xi. Refrain from interfering with the Grantor’s use of the land, provided that the Grantor’s use of the land is not inconsistent with the ROW;

xii. Comply with due diligence requirements under §169.105; and

xiii. Notify the BIA, and the tribe for tribal land, if it files for bankruptcy or is placed in receivership.

H. Unless the GRANTEE would be prohibited by law from doing so, the GRANTEE must also:

i. Hold the United States and the Grantor harmless from any loss, liability, or damages resulting from the GRANTEE use or occupation of the premises; and

ii. Indemnify the United States and the Grantor against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials, or release or discharge of any hazardous material from the premises that occurs during the term of the grant, regardless of fault, with the exception that the GRANTEE is not required to indemnify the Grantor for liability or cost arising from Grantor negligence or willful misconduct.

7. ENCROACHMENT (§169.128)

BIA may grant a ROW within or overlapping this ROW, with the consent of the GRANTEE. The GRANTEE may not unreasonably withhold consent.

8. AMENDMENT (§169.204)

An amendment is required to change any provisions of the ROW grant. If the change is a material change, the BIA may require an application for a new ROW. The GRANTEE may request the BIA to amend a ROW to make an administrative modification that is clerical in nature, without meeting consent requirements, as long as the GRANTEE provides the Grantor with written notice. For all other amendments, the GRANTEE must meet the consent requirements in §169.107 and obtain BIA approval under §169.205 & §169.206.

9. ASSIGNMENT (§169.207)

The GRANTEE may assign the ROW with the consent of the Grantor and with BIA approval. The GRANTEE and Assignee are required to provide a copy of the assignment and supporting documentation to BIA for recording in the Land Titles and Records Office (LTRO) within 30 days of the assignment. Failure to do so may be considered a violation. Assignments that are the result of a corporate merger, acquisition, or transfer by operation of law are excluded from these requirements, except for the requirement to provide a copy of the assignment and supporting documentation to BIA for recording in the LTRO within 30 days.

10. MORTGAGES (§169.210)

The GRANTEE may not mortgage the ROW without Grantor consent. The GRANTEE must obtain BIA approval under §169.211 & §169.212. Within 30 days, a copy of the mortgage and supporting documents must be sent to BIA for recording in the LTRO.

11. EFFECTIVENESS (§169.301)

The ROW grant will be effective on the date it is approved by the BIA or on the date given under the DURATION section.

12. COMPLIANCE & ENFORCEMENT (§169.401 & §169.402)

Any abandonment, nonuse, or violation of the ROW grant, including but not limited to encroachments beyond the defined boundaries, accidental, willful, and/or incidental trespass, unauthorized new construction, changes in use not permitted in the grant, and late or insufficient payment may result in enforcement actions including, but not limited to, cancellation of the grant.

The BIA may promptly investigate compliance with a ROW if it has been notified by the Grantor that a specific abandonment, non-use, or violation has occurred. The BIA may enter the premises at any reasonable time, and may give notice to the GRANTEE and Grantor, to protect the interests of the Grantor and to determine if the GRANTEE is in compliance.

13. NEGOTIATED REMEDIES (§169.403)

The Grantor and GRANTEE may negotiate remedies, so long as the agreement specifies the manner in which the remedies may be exercised by or on behalf of the Grantor. The Grantor does not have the power to terminate the ROW. The GRANTEE does not have the power to terminate the ROW. The GRANTEE must give proof to the BIA that the GRANTEE notified any surety of any violation that may result in termination of this ROW. The Grantor may request BIA assistance in enforcing negotiated remedies.

14. VIOLATIONS (§169.404)

The BIA will consult with the Grantor and determine whether a violation has occurred. If the BIA determines there is a violation of the conditions of this grant, the BIA will promptly send the GRANTEE a written notice of violation and will provide constructive notice to the Grantor. The notice of violation will advise the GRANTEE that, within 10 business days of the receipt of a notice of violation, the GRANTEE must either: (1) Cure the violation and notify the BIA in writing that the violation has been cured; (2) Dispute BIA’s determination that a violation has occurred;

(3) Request additional time to cure the violation. The notice of violation may order the GRANTEE to cease operations.

GRANTEE failure to pay compensation in the time and manner required is a violation, and the BIA will issue a notice of violation. The BIA will send the GRANTEE a written notice of violation promptly following the date on which the payment was due. The BIA will provide constructive notice to the Grantor. The notice of violation will require the GRANTEE to provide adequate proof of payment. The GRANTEE is responsible for the obligations of payment until the grant expires, is cancelled, or terminated, as well as any reclamation or other obligations that survive the end of this ROW grant.

15. UNCURED VIOLATIONS (§169.405)

If the GRANTEE does not cure a violation within the required time period, or provide adequate proof of payment as required in the notice of violation, the BIA will consult with the Grantor and determine whether: (1) The BIA will cancel the grant; (2) The Grantor wishes to invoke any remedies; (3) The BIA will invoke other remedies available under applicable law, including collection on any available bond or, for failure to pay compensation, referral of the debt to the Department of the Treasury for collection; or (4) The GRANTEE should be granted additional time in which to cure the violation. Following consultation with the Grantor the BIA may take action to recover unpaid compensation and any associated late payment charges. The BIA need not cancel the grant or give any further notice to the GRANTEE before taking action to recover unpaid compensation. The BIA may take action to recover any unpaid compensation even if BIA cancels the ROW. If the BIA decides to cancel the grant, they will send the GRANTEE a cancellation letter by certified mail, return receipt requested, within five (5) business days of the decision. The BIA will send a copy of the cancellation letter to the Grantor. The cancellation letter will explain the grounds for cancellation; if applicable, notify the GRANTEE of the amount of any unpaid compensation or late payment charges due; notify the GRANTEE of their right to appeal under Part 2, Title 25, CFR, Appeals from Administrative Actions, including the possibility that the official to whom the appeal is made may require the GRANTEE to post an appeal bond; order the GRANTEE to vacate the property within thirty-one (31) days of the date of receipt of the cancellation letter, or within a longer period of time due to extraordinary circumstances that consider the protection of trust resources and the best interest of the Grantor, if an appeal is not filed by that time; and will order the GRANTEE to take any other action the BIA deems necessary to protect the Indian land. The BIA may invoke any other remedies available, including collecting on any available bond, and the Grantor may pursue any available remedies. The BIA will issue an appropriate instrument cancelling the ROW and transmit it to the LTRO for recording.

16. ROW CANCELLATION DUE TO NONUSE OR ABANDONMNET (§169.408)

The BIA may cancel, in whole or in part, the ROW 30 days after mailing written notice to the GRANTEE at its latest address, for a nonuse of the ROW for a consecutive 2-year period for the purpose for which it was granted. If the GRANTEE fails to correct the basis for cancellation within 30 days after BIA mailed the notice, the BIA will issue an appropriate instrument cancelling this ROW and transmit it to the LTRO for recording.

The BIA may cancel, in whole or in part, the ROW immediately upon abandonment of the ROW by the GRANTEE. The BIA will issue an appropriate instrument cancelling the ROW and transmit it to the LTRO for recording. The cancellation notice will notify the GRANTEE of the right to appeal under part 2, Title 25, CFR, Appeals from Administrative Actions, including the possibility that the official to whom the appeal is made will require the GRANTEE to post an appeal bond.

17. CANCELLATION (§169.409)

Cancellation of this ROW grant will not be effective until 31 days after the GRANTEE receives a cancellation letter from the BIA, or 41 days from the date the BIA mailed the letter, whichever is earlier. The cancellation decision will not be effective if an appeal is filed unless the cancellation is made immediately effective under part 2, Title 25, CFR, Appeals from Administrative Actions.

When a cancellation decision is not immediately effective, the GRANTEE must continue to pay compensation and comply with the other terms of the grant.

18. TRESPASS (§169.410)

If the GRANTEE remains in possession after the expiration, termination, or cancellation of this ROW, and is not accessing the land to perform reclamation or other remaining grant obligations, the BIA may treat the unauthorized possession as a trespass under applicable law and will communicate with Grantor in making the determination whether to treat the unauthorized possession as a trespass. Unless the parties have notified us in writing that they are engaged in good faith negotiations to renew or obtain a new ROW, the BIA may take action to recover possession on behalf of the Grantor, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action. The holdover time will be charged against the new term.

19. APPROVAL

IN WITNESS WHEREOF, Grantor has executed this grant of easement this __ day of ________________________, 20__.

UNITED STATES OF AMERICA

BY:

Regional Director Alaska Region Bureau of Indian Affairs U.S. Department of the Interior

A C K N O W L E D G E M E N T

STATE OF ALASKA )

) ss.

THIRD JUDICIAL DISTRICT )

The foregoing instrument was acknowledged before me on this day of , 20__, by .

Notary Public in and for Alaska My Commission Expires:

Name OF GRANTEE

ACCEPTANCE BY: ______________________________

Name OF GRANTEE

AFTER RECORDING, RETURN TO:

US Department of the Interior BIA AK Regional Realty Office MC 304 3601 C St., Ste. 1200 Anchorage, AK 99503-5947

TALKEETNA RECORDING DISTRICT

Location Index; Information for Recordation:

Section 9, Township 6 South, Range 13 West, Seward Meridian, Alaska

A C K N O W L E D G E M E N T

STATE OF ALASKA )

) ss.

THIRD JUDICIAL DISTRICT )

The foregoing instrument was acknowledged before me on this day of , 20__, by .

Notary Public in and for Alaska My Commission Expires:

EXHIBIT “B”

Grant of easement located within that portion described in a metes and bounds deed recorded in the Bureau of Indian Affairs Land, Title and Records Office as document No.

975 467, and also in Book 262, Pages 599-601, Homer Recording District, and further depicted as Lot 4, Roehl Parcels Record of Survey (Amended), Plat No. 2008-53, Homer Recording District, Alaska, more particularly described as follows:

Commencing at the 1/4 section corner of sections 4 and 9, Township 6 South, Range 13 West, Seward Meridian, Alaska, monumented with an iron pipe, 1 inch diameter, flush with grade, with brass cap, 2 1/2 inch diameter, marked US General Land Office Survey 1/4 S4 S9 1917;

Thence along the section line, N. 89°58'15" W., a distance of 350.58 feet to the northeast corner of Lot 4, identical with the northwest corner of Lot 5, monumented with a 5/8 inch rebar, 8 inches above grade, with an aluminum cap, 2 inch diameter, marked Ability 7610-S Surveys ROW 12 13 2008;

Thence, continuing along the section line, N. 89°58’15” W., a distance of 290.01 feet to a point monumented with a 5/8 inch rebar, set 5 inches above grade, with an aluminum cap, 2 inch diameter, marked Seabright 204390-S RW ESMT L4 2025, and the POINT OF

BEGINNING (P.O.B.);

Thence continuing along the section line, N. 89°58’15” W., a distance of 19.35 feet, to the 1/64 section corner of sections 4 and 9, monumented with an aluminum pipe, 2 1/2 inch diameter, 4 inches above grade, with an aluminum cap, 3 1/4 inch diameter, marked 2087-

S SSA S4 E-W 1/64 S9 1978;

Thence continuing along the section line, N. 89°58'15"W., 60.66 feet to the northwest corner of Lot 4, identical with the northeast corner of Lot 3, monumented with a 5/8 inch rebar, set flush with grade, with an aluminum cap, 2 inch diameter, marked Seabright

204390-S RW ESMT 2025;

Thence along the west boundary of Lot 4, identical with the east boundary of Lot 3, S. 00°00'47"W., 162.83 feet to a point online, monumented with a 5/8 inch rebar, set 4 inches above grade, with an aluminum cap, 2 inch diameter, marked Seabright 204390-S

L4 ESMT 2025;

Thence departing said lot line, S. 14°50'20"E., 236.10 feet to a point selected for the witness corner to the meander corner, monumented with a 5/8 inch rebar, set 5 inches above grade, with an aluminum cap, 2 inch diameter, marked Seabright 204390-S WCMC

L4 ESMT 2025;

Thence continuing S. 14°50'20"E., 40.00 feet to the intersection of the adjusted record meanders of the thread of Bridge Creek;

Thence northeasterly with the adjusted record meanders of the thread of Bridge Creek the following two (2) courses and distances:

N. 89°09'07"E., 27.18 feet, N. 60°14'10"E., 34.80 feet;

At end of course, depart adjusted record meanders of the thread of Bridge Creek, N. 14°50'20"W., 40.00 feet to a point selected for the witness corner to the meander corner, monumented with a 5/8 inch rebar, set 6 inches above grade, with an aluminum cap, 2 inch diameter, marked Seabright 204390-S WCMC ESMT L4 2025;

Thence continuing N. 14°50'20"W. , 225.89 feet to a point of curvature monumented with a 5/8 inch rebar, set 4 inches above grade, with an aluminum cap, 2 inch diameter, marked Seabright 204390-S ESMT L4 2025;

Thence along a line parallel to and 60 feet east of the west boundary of Lot 4, N. 00°00'47"E., 134.99 feet, to a point monumented with a 5/8 inch rebar, set 6 inches above grade, with an aluminum cap, 2 inch diameter, marked Seabright 204390-S ESMT L4 2025 for a point of curvature to the right, concave northeasterly;

Thence along said curve, having a radius of 20.00 feet, a central angle of 90°00'58", and an arc distance of 31.42 feet to the POINT OF BEGINNING, hereinbefore described.

Said described grant of easement right-of-way contains 26,109 square feet, more or less.

The Basis of Bearing for this description is N. 89°58'15" W., along the north boundary of Lot 4, Roehl Parcels Record of Survey (Amended), Plat No. 2008-53, Homer Recording District, Alaska.

File details come from the government source that posted it. Updated Jun 3, 2026.