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Home My WebLink AboutResolution No. 2018-50Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018 -50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING A FIVE- FOOT SECTION WITHIN TRACT F, LEO T . OBERTS SUBDIVISION, A REPLAT OF OBERTS TRACT A AND TRACT 1 OF HIGHLANDS SUBDIVISION NOT NEEDED FOR A PUBLIC PURPOSE AND CONVEYING A RIGHT-OF-WAY EASEMENT OF THE SAME DESCRIPTION TO THE STATE OF ALASKA. WHEREAS, Tract F, Leo T. Oberts Subdivision was conveyed to the City of Kenai by James A. Elson and Jo Ann Elson, on June 3, 2005, under document number 2005-006143-0 and Kenai City Council Resolution 2005-21 with the condition to use the property for recreational purposes; and, WHEREAS , the State of Alaska, Department of Transportation & Public Facilities, has requested from the City of Kenai the conveyance of the approximately five (5)-foot by 317.2-foot easement, described as parcel E-14 and shown on the attached Exhibit A, to provide for utilities and widen the Kenai Spur Highway to five lanes between the Sports Lake Road and Swires Road intersections in order to increase traffic capacity and improve public safety; and, WHEREAS, the State of Alaska, Department of Transportation & Public Facilities, proposes to remit the sum of Seven Hundred Seventy-Five Dollars ($775.00) to the City of Kenai for the acquisition of the subject right-of-way; and, WHEREAS, the Kenai City Council may convey and state the subject right-of-way is not needed for a public purpose via resolution, pursuant to Kenai Municipal Code Section 22.05 .110(b) - Determination as to Need for Public Use ; and, WHEREAS, the conveyance of the subject right-of-way to the State of Alaska, Department of Transportation & Public Facilities, will not impair the potential for the parcel to be used for recreational purposes or other foreseeable development by the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Section 2. Section 3. That the portion of Tract F, Leo T . Oberts Subdivision, E-14, as set forth on the attached Exhibit "A" is not be needed for a public purpose by the City of Kenai. That the Kenai City Council hereby authorizes the City Manager to execute any documentation required to complete the conveyance of the subject right-of-way for the sum of $775 to the State of Alaska, Department of Transportation & Public Facilities, to provide for utilities and widen the Kenai Spur Highway to five lanes between the Sports Lake Road and Swires Road intersections. That the conditions outlined in City Council Resolution 2018-50 and document number 2005-006143-0 to use the parcel for recreational purposes remain Resolution No. 2018-50 Page 2 of 2 unchanged and the State of Alaska ensures the bench on the parcel is not affected by the conveyance of the subject right-of-way. Section 3. That this resolution takes effect immediately upon adoption . ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19t h day of September, 2018. EfRIAN GABRIEL SR., MAYOR rzd EXISTING RIGHT-OF-WAY f:·./.).:J UTILITY EASEMENT REQUIR ED ,, .. ,p ... , ..... ,. , ...... , .. , I 1 •4 ~· ..... f •a .... t t ~· t • '' .. ...,..__. • I .,,_, ,; '' t.""t.411' PLAT 74-04 SLE VACATED PLAT 74-04 0 30 60 120 Scale in Feet TRAC T A s --J STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FA C ILITIES ] UTILITY EASEMENT REQU IRED FOR OWNER'S IN ITIA L ~ KENAI SPUR HIGHWA Y REHABILITATION: ~ SPORTS LAKE ROAD TO SWIRES ROAD • PHii ~ PROJECT NUMBER : CFHWY00253 ATIACHED TO--------- PAGE_OF _DATED ------- f EASEMENT AREA --~1 ~7 ~17~S.~F . ~DRAWN BY l AFF /RVK Apr 2 018 • DATE • Region : Central 2SA ·R625 (Rev 09/01/06) PARCE L NO. ·E-14 Kenai Spur Hwy, Phase 2 CFHWY00253 EXHIBIT " A" Parcel No. E·14 Page 3 of 3 'tftff ~ "'/tli a PaJ'~ Ct'tf «1/t/i a Fut~ " 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: September 10, 2018 SUBJECT: Resolution No. 2018-50 Resolution 2018-50 would affect the following five (5)-foot wide by 317.2-foot long right-of-way within Tract F, Leo T. Oberts Subdivision, A Replat of Oberts Tract A and Tract 1 of Highlands Subdivision, described as Parcel E-14 and shown on the attached maps . Resolution 2018-50 would declare the approximately 1, 717 square foot right-of-way not needed for a public purpose and convey the easement to the State of Alaska, Department of Transportation & Public Facilities. The State of Alaska will use the subject land to provide for utilities and widen the Kenai Spur Highway between the Sports Lake Road and Swires Road intersections to five lanes in order to increase traffic capacity and improve public safety. For the permanent acquisition of the five-foot wide right-of-way, the State of Alaska proposed to compensate the C ity of Kenai the sum of $775. The City of Kenai acquired the subject parcel in 2005 via donation . The property was donated to the City of Kenai by long-time residents James A. Elson and Jo Ann Elson . Resolution 2005-21, passed by the Kenai City Council on May 4 , 2005, accepted the donation. The parcel was conveyed on June 3, 2005, under document number 2005-006143-0. The City Council and the conveyance document both outline the following conditions for the donated parcel: 1) that the property be used for recreational purposes only or ownership would revert to the Elsons or their rightful heirs ; and, 2) that any park or rest stop carry the Elson family name and be posted as such; and , 3) that the park or rest stop be developed within three (3) years or ownership of the property would revert to the Elsons or their rightful heirs. Page 2 of 2 Resolution 2018-50 The property is located adjacent to the Unity Trail and a bench has been placed on the property so that users of the trail may rest and enjoy their surroundings . The conveyance of the five-foot wide right-of-way to the State of Alaska , Department of Transportation & Public Facilities , will not impair the potential for the parcel to be used for recreational purposes or other foreseeable development by the City of Kenai. Kenai Municipal Code Section 22.05 .11 O(b) -Determination as to Need for Public Uses states the following: Whether land previously dedicated to a public use should be dedicated to a different public use or should no longer be needed fo r public use shall be determined by the City Council by ordinance, except in cases of vacation of r ights-of-way or easements which may be determined by resolution, either of which shall contain the new public use for which the property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. Thus , the City Counci l may convey and state the subject right-of-way is not needed for a public purpose via Resolution 2018-50 . Thank you for your consideration. , .. w \ ..!:~~L--1.C"~---- Noyor TRACT B (.;-f, .$'" ~~ ·DEDICATION. ners of sold property, and requ.st fhe oppro11al of tltls plot rlties, rood•ors, ond or streets dedicated by u• for public use. --~:;:-~---------~-A./,.:.... ~orm•r y ...;._ _c§~ ___ _ -'...!'n~ -l! 1;,. --~C1,~~------- __ , ... ~~r-r-------- ,_,,, . ~ ..... ~ ~ <t: ~ \ , .. ,oo' \ UPPER RI. LEGEND ANO NOTES I Found G.L.O. brass cop Found officio / sur1111y • Found 1/2' st1111/ rt1bor. -&-HE.A. power po/11. _L Sst l/2•x 24" $ff/Bl rebc All bsorin gs refer to the for the tJosl lint1 of Secfi rh/S Subd. inC/Udt1S fht1 I Hom11stt1od ond Troe! I '000Vff&' lndicofes s /J11in9 11ocot1 COVENANT: Eoch of the tots in this to ossessmtJ nls for impro of lhtJ Ci ty of K11noi, when SECTION LINE EASEMENT VA CAT/ON CERTIFICATE . APPROVAL RECOMMENDATION. 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