The purpose of this report is to assess the status of the public ROW purportedly established under the federal Small Tract Act along the north and west boundaries of Government Lot 18 within Section 23, T1S, R2W FM. This property is at the end of Supply Road to the northwest of the Fairbanks International Airport and to the southeast of the Chena River. Where my role is most often to prove the validity of an existing road ROW, in this case the objective was to find evidence that would show that a Small Tract ROW fronting the client's property never came into existence.
Earlier in 2019 I had prepared a presentation for the Alaska Surveying & Mapping Conference titled "Small Tract Rights-of-Way: McCarrey v. Kaylor". The presentation considered the 2013 Alaska Supreme Court case in which neighbors McCarrey and Kaylor argued over the validity of the ROW reservation in a Small Tract patent. Where these rights-of-way had in the past been considered express reservations, the Court concluded that they were in fact common law dedications that required evidence of acceptance to be validated. As Gaston had my report recorded to place others on notice of my conclusions, no client permission was required for publication.
| Date | Documents |
|---|---|
|
6/28/19 |
Gaston - Supply Road Report - Small Tract ROW |
|
6/28/19 |
Gaston Easement Report for Recording - Document 2020-005446-0 Recorded 4/2/20 FRD - (3mb) |
|
4/28/55 |
Attachment 1 - Patent - to recorded report |
|
5/4/53 |
Attachment 2 - 1953 Small Tract Plat - to recorded report |
|
1/2/49 |
Attachment 3 - STC 16 - Small Tract Classification Order attached to report |
|
2/12/64 |
Attachment 4 - STC-16 Cancellation - Classification Order Cancellation attached to report |
|
1962 |
Attachment 5 - 1962 Aerial - attached to report |
|
5/28/64 |
Attachment 6 - 1964 Aerial - attached to report |
| Research | |
|
1/6/19 |
Small Tract ROW - McCarrey v. Kaylor 2019 paper |
| Research - Aerial Photos |
|
|
1962 |
1962 Aerial photo - Black & white |
|
varies |
|
|
1964 |
1964-1 aerial photo - (2mb) |
| Research - BLM | |
|
6/7/13 |
T1S R2W FM Sec 23 GL-5 - Cropped portion of township plat |
|
6/7/13 |
T1S R2W FM - Township Plat |
|
195/4/53 |
|
|
5/4/53 |
|
|
n/a |
GL-18 BLM Abstract - Marie Martin parcel |
|
5/4/53 |
Sec 23 T1S R2W FM Small Tract Lotting - Dependent Resurvey plat |
|
4/28/55 |
Patent No. 1151946 - Marie Martin GL-18 |
|
n/a |
T1S R2W FM Sec 23 MTP - Master Title Plat |
| Research - Fairbanks Platting | |
|
8/1/53 |
1953 Fairbanks School District - Showing Small Tract Classification areas |
|
1957 |
1957 Greater Fairbanks Platting Authority - Subdivision Regulations |
|
n/a |
|
| Research - FNSB | |
|
4/17/19 |
First Contact with FNSB - jfb email with FNSB staff |
|
n/a |
FNSB Assessing PAN 0176435 - Gaston N 1/2 GL-18 |
|
n/a |
FNSB Assessing PAN 0176443 - Gaston S 1/2 GL-18 |
|
n/a |
FNSB Background - Gaston case background |
|
n/a |
|
|
n/a |
|
|
n/a |
|
| Research - NARA | |
|
varies |
|
|
varies |
|
| Research - Recorders | |
|
2/1/02 |
Yukon Title Co. to Wells Fargo Home Mortgage - Trustee's Deed GL-18 |
|
1/3/03 |
Wells Fargo to Secretary of Housing & Urban Dev. - Special Warranty Deed GL-18 |
|
3/28/03 |
Secretary of Housing & Urban Dev. to Gaston - Warranty Deed GL-18 |
|
11/7/06 |
Patrick Gaston to Barbara Gaston - Quitclaim Deed |
|
2/10/78 |
401-1978-018W-001 - Subdivision Waiver N & S 1/2 GL-18 |
|
3/13/07 |
|
|
5/6/19 |
Dezarn Subidvision Replat of Lots 1 & 2 - Plat 2019-41 |
|
5/20/04 |
Dezarn Subdivision - Plat 2004-68 |
|
9/9/66 |
Carpenter Subdivision - Plat 66-6977 |
| Research - Riverfront Commission |
|
|
4/4/05 |
|
|
1965 |
|
|
5/7/19 |
|
| Research - Small Tract Data | |
|
2/12/64 |
FR Doc 64-1624 STC-16 Cancellation - Small Tract Classification Cancellation |
|
2/12/64 |
FR Doc 64-1624 STC-16 Cancellation - Cropped 1 |
|
2/12/64 |
FR Doc 64-1624 STC-16 Cancellation - Cropped 2 |
|
11/2/49 |
STC-16 - Small Tract Classification No. 16 |
|
1/2/49 |
|
|
8/1/53 |
ST-16 Supply Road - Cropped image from Fairbanks School District Map |
| Research - Subject Plats | |
|
4/21/20 |
Mathews Signed Plot Plan - N 1/2 GL-18 |
|
2/7/06 |
Blizzard Plot Plan - N & S 1/2 GL-18 |
|
10/15/71 |
Fairbanks International Airport - GRMM 1971 Survey |
|
3/20/05 |
Mathews Preliminary Plat - GL-18 |
|
7/27/20 |
ROS 2020-58 Supply Rd - GL-18 Degerlund Engineering |
| Research - USGS | |
|
1965 |
|
|
1965 |
|
| Title Clearing | |
|
1/21/20 |
Fairbanks Natural Gas to Gaston - Quitclaim Deed |
|
2/26/20 |
ACS to Gaston - Quitclaim Deed |
|
8/21/20 |
Gaston Affidavit Recorded - 2020-014488-0 |
|
7/16/19 |
|
|
8/1/19 |
College Utilities to Gaston - Quitclaim Deed |
|
9/11/20 |
|
|
7/15/19 |
Gaston to GVEA - GVEA ROW Easement |
|
n/a |
Gaston to College Utilities GL-18 South 1/2 - Draft Water Utility Easement |
|
8/1/19 |
College Utilities to Gaston - Quitclaim Deed |
|
7/16/19 |
GVEA to Gaston - Quitclaim Deed |