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Home My WebLink AboutResolution No. 2016-49Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2016 -49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE VACATION OF OF THE FULL WIDTH OF THE 66 -FOOT SECTION LINE EASEMETNT LOCATED ON TE SECTION LINE IN COMMON WITH SECTION 7 AND SECTION 18, TSN, RIIW SEWARD MERIDIAN, FURTHER LOCATED ON OLD CANNERY ROAD BETWEEN ROYAL STREET AND THE MEAN HIGH -WATER OF COOK INLET WITHIN BOTH CITY LIMITSOF KENAI AND OUTSIDE THE CITY LIMITS WITHIN THE PENINSULA BOROUGH. WHEREAS, each year tens of thousands of visitors participate in the dip net fishery in the City of Kenai; and, WHEREAS, the City does its best to accommodate the visitors and fishery and mitigate the impacts to local residents, sensitive environmental areas and City infrastructure; and, WHEREAS, managing physical access to the fishery and the waters of Cook Inlet poses particular challenges that affect local property owners and City lands; and, WHEREAS, the Council of the City of Kenai previously, unanimously approved through Ordinance 2771 -2014, a State Grant for one million nine hundred thousand dollars ($1,900,000) for the purpose of designing and constructing a new roadway to provide equal or better access to the Sough Beach and related improvements; and, WHEREAS, the City has held numerous meetings with affected property owners and state agencies weighing alternatives for improved South Beach Access; and, WHEREAS, through Resolution No. 2016 -15, the Council of the City of Kenai consented to the vacation of certain rights -of -way, utility easements, and drainage easements and also consented to the acceptance of certain rights -of -way and utility easements which were set forth on the plat of Dragseth Subdivision 2016 Addition, which is attached hereto as Exhibit "A "; and, WHEREAS, the plat of Dragseth Subdivision 2016 Addition allowed for the dedication of a new right -of -way that provides public access to the beach, commonly known as Royal Street; and, WHEREAS, in the spring of 2016 the City of Kenai constructed the extension of Royal Street to provide equal or better access to South Beach and the waters of Cook Inlet; and, WHEREAS, each year the City has applied to the State of Alaska, Department of Natural Resources to temporarily close the Section Line Easement located in common with Section 7 and Section 18, TSN, R1 1W, Seward Meridian, and further located on Old Cannery Road between Royal Street and the mean High -Water of Cook Inlet within Resolution No. 2016 -49 Page 2 of 2 the City limits of Kenai and outside the City limits within the Kenai Peninsula Borough; and WHEREAS, the ful width of the 66 -foot Section Line Easemnet located in common with Section 7 and Section 18, TSN, R1 1W, Seward Meridian, is not longer needed because a new City of Kenai right -of -way and extension of Royal SAtreet was construced to provide equal or better access to South Beach and the waters of Cook Inlet. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council supports the vacation of the full width of the 66 -foot Section Line Easements located in common with Section 7 and Section 18, TSN, R11W, Seward Meridian, further located on Old Cannery Road between Royal Street and the mean High- Waters of Cook Inlet within both the City limits of Kenai and outside the City limits within the Kenai Peninsula Borough. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 2016. OR se EEIO LE a ge 4 r ail �� U 3 IbM s r EP4 b 3 n G ��` � ep��6P�� yc S �pe � 9Fg�p ■iE; �n � � �p�8 � k� G�� Mi79p a O 9 IN ...... ( ROYAL 67REE.T /� / ; 5• I /aP r wm mm� G{ R s ROYAL ST Qr P b Ion fix 10 ice: I Oil r_ —r j' /MIXULOkDIk6C0iYYfDFBSAD.j U i> -� gig 9g I SSS i 3 � I I IYgI off It 411 i5j'Al 4 if if If III F lip a I (yp{ p5 5 i y GP fs, th g5552 8 b 4 2L fill F 1- ^ "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 II Ill. I 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matthew Kelley, City Planner DATE: November 30, 2016 SUBJECT: Resolution No. 2016 -49 Supporting the vacation of Section Line Easements located on Old Cannery Road The purpose of this communication is to provide additional information in support of Resolution No. 2016 -49, which supports the vacation of the Section Line Easements located on Old Cannery Road. Through Resolution No. 2016 -15 the City Council accepted the vacation and dedication of certain rights -of -way for the extension of Royal Street to the beach. The City has retained the professional services of Integrity Surveys to facilitate the submission of an application to the Department of Natural Resources for the vacation of the Section Line Easement located on Old Cannery Road. The subject Resolution supports the vacation of the Section Line Easement and will be submitted along with the application. Thank you for your consideration Attachment: Resolution No. 2016 -49 > "Villaye with a Past, C# with a Future" 1"06 ' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I u Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 i 1992 i MEMORANDUM: fATO: Rick Koch, City Manager 46/1FROM: Matt Kelley, City Planner DATE: December 7, 2016 SUBJECT: Proposed Amendments to Resolution No. 2016 -49 The purpose of this communication is to introduce proposed amendments for consideration by City Council with regard to Resolution No. 2016 -49. The proposed amendments are summarized below: 1. Staff would like to update and replace the title of the Resolution with the following: A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE VACATION OF THE FULL WIDTH OF THE 83 -FOOT SECTION LINE EASEMENT LOCATED ON THE SECTION LINE IN COMMON WITH SECTION 7 AND SECTION 18, T5N, R11W, SEWARD MERIDIAN, FURTHER LOCATED ON OLD CANNERY ROAD BETWEEN ROYAL STREET AND THE MEAN HIGH -WATER OF COOK INLET WITHIN BOTH THE CITY LIMITS OF KENAI AND OUTSIDE THE CITY LIMITS WITHIN THE KENAI PENINSULA BOROUGH 2. Staff would like to replace the 41h Whereas with the following: WHEREAS, the Council of the City of Kenai previously, unanimously approved through Ordinance 2771 -2014, a State Grant for one million nine hundred thousand dollars ($1,900,000) for the purpose of designing and constructing a new roadway to provide equal or better access to the South Beach and related improvements; and, 3. Staff would like to replace the 91h Whereas with the following: WHEREAS, each year the City has applied to the State of Alaska, Department of Natural Resources to temporarily close the Section Line Easement located in common with Section 7 and Section 18, T5N, R11W, Seward Meridian, and further located on Old Cannery Road between Royal Street and the mean High -Water of Cook Inlet within the City limits of Kenai and outside the City Limits within the Kenai Peninsula Borough. 4. Staff would like to add a 10'" Whereas which reads as follows: WHEREAS, the full width of the 83 -foot Section Line Easement located in common with Section 7 and Section 18, TSN, R11 W, Seward Meridian, is no longer needed because a new City of Kenai right -of -way and extension of Royal Street was constructed to provide equal or better access to South Beach and the waters of Cook Inlet. 5. Staff would like to replace the Resolved statement with the following: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council supports the vacation of the full width of the 83 -Foot Section Line Easement in common with Section 7 and Section 18, TSN, R11W, Seward Meridian, further located on Old Cannery Road between Royal Street and the mean High - Waters of Cook Inlet within both the City Limits of Kenai and outside the City Limits within the Kenai Peninsula Borough. Thank you for your consideration.