Applicant Information
Clifford DumasMailing Address: 3161 Channel Drive Juneau, Alaska 99801 | Legal Representative: Clifford Dumas Phone: (661) 484-8051 Email: [email protected] |
CBJ Land Information
Site Address: 3161 Channel Dr, Suite
Legal Description: PARCEL 1: Part of U.S. Survey No. 1075, Juneau Recording District, First Judicial District, State of Alaska, described as: BEGIN at the Southwest Corner of Tract 2, land accreted to U.S. Survey No. 1075, established by Survey in 1971, said point bearing N 40° 57’ 17” W, a distance of 846.37 feet from a point known as Meander Corner Number 1 on U.S. Survey No. 1075; thence N 5° 52’ 30” W 138.73 feet; thence N 50° 55’ 15” E 112.30 feet to the South Right-of-Way Line of the “Glacier Expressway Highway”; thence along the South Right-of-Way Line Easterly along a curve to the left (radius = 5,829.58 feet) having a long chord bearing S 36° 07’ 43” E 79.00 feet; thence N 35° 44’ 17” E 28.00 feet; thence Easterly along a curve to the left (radius = 5,801.58 feet) having a long chord bearing S 34° 29’ 05” E 253.13 feet; thence S 33° 14’ 17” W 41.80 feet; thence S 88° 53’ 00” W 339.26 feet to the POINT OF BEGINNING
Map: Map Link
$100.00 Fee Paid: Yes
Proposal of Usage:
As part of the purchase of Frontier Media's radio assets, I'm proposing an easement option to separate the building at 3161 Channel Drive from the broadcast tower and associate building, so the building can be sold separately and I would retain ownership of the radio tower as the FCC licensee and operator of the radio stations.
Additional Comments for CBJ Staff to Consider:
1. Legal Description of Easement Area
LEGAL DESCRIPTION – EASEMENT AREA
An easement area situated within Parcel 1, being a portion of U.S. Survey No. 1075, Juneau Recording District, First Judicial District, State of Alaska, more particularly described as follows:
A portion of land located within U.S. Survey No. 1075, as described in the legal description recorded for Parcel 1, including land accreted thereto, lying adjacent to and surrounding the existing broadcast communications tower and associated ground equipment, including tower base, foundation, guy anchors (if any), transmitter shack, power service, grounding systems, and access path, together with sufficient area for maintenance, repair, inspection, replacement, and operation of said facilities.
The easement area includes the existing tower footprint and appurtenant improvements, together with a non-exclusive access easement over existing driveways or paths necessary for vehicular and pedestrian access to the tower site from Channel Drive.
Said easement shall be perpetual in duration and shall be appurtenant to the FCC-licensed broadcast facilities serving the Juneau area.
(Exact dimensions and bearings to be provided by final survey if required by the City & Borough of Juneau.)
2. Statement of Purpose, Public Interest, and Necessity
Purpose of Easement Request
The applicant is the FCC-licensed broadcast operator responsible for the operation, maintenance, and regulatory compliance of the communications tower located on the subject property. The requested easement is necessary to ensure continued safe, uninterrupted, and compliant broadcast service to the Juneau community.
Public Interest Justification
Broadcast towers are regulated public-interest infrastructure governed by the Federal Communications Commission. As the licensee, the applicant bears sole legal responsibility for:
Structural safety and compliance with FCC and FAA regulations
RF exposure compliance
Emergency alert system (EAS) reliability
Continuous operation of licensed facilities serving public safety, news, and emergency communications
Fragmenting ownership or operational control of the tower from the FCC licensee would introduce material regulatory risk, complicate compliance obligations, and could jeopardize uninterrupted service to the public.
Operational and Safety Necessity
The tower requires unfettered access and exclusive operational control to:
Conduct federally mandated inspections and repairs
Perform emergency maintenance during weather events
Maintain grounding, power, and RF safety systems
Address structural issues promptly without third-party consent delays
Given the nature of broadcast infrastructure, delay or interference in access or decision-making poses unacceptable operational and public-safety risks.
Receiver’s Agreement
The Court-appointed Receiver overseeing the disposition of the property has reviewed this structure and is agreeable to the easement and to the FCC licensee retaining ownership of the tower. This approach resolves a known encumbrance affecting the marketability of the remaining real property while ensuring the continued lawful operation of the broadcast facility.
Benefit to the City & Borough of Juneau
Granting the requested easement:
Preserves essential communications infrastructure serving the community
Reduces future liability exposure related to tower ownership
Avoids regulatory complications associated with divided control
Provides a clean and durable land-use solution consistent with long-term planning
Conclusion
The requested easement represents the most practical, legally sound, and public-interest-oriented solution. It aligns with federal regulatory requirements, protects public safety communications, and has the Receiver's concurrence. The applicant respectfully requests approval of the easement as described.
Supporting Documents:
