HomeMy WebLinkAboutResolution No. 2019-09CITY OF KENAI
RESOLUTION NO. 2019-09
Sponsored by: Administration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, DECLARING A UTILITY
EASEMENT 20 FEET WIDE AND APPROXIMATELY 242 FEET IN LENGTH ALONG THE
NORTHERN BOUNDARY OF LOT 5, BLOCK 1, AND THE SOUTHERN BOUNDARY OF LOT 6,
BLOCK 1, FBO SUBDIVISION AS SET FORTH ON THE ATTACHED EXHIBIT "A" IS NOT
NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO ITS VACATION.
WHEREAS, on September 26, 2018, by Resolution No. PZ2018-23 the City of Kenai Planning
and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission
approve FBO Subdivision 2018 Replat with vacation of a 20 feet wide and approximately 242 feet
in length utility easement; and,
WHEREAS, on November 26, 2018, the Kenai Peninsula Borough Plat Committee met and
granted conditional approval of the Preliminary Plat of FBO Subdivision 2018 Replat consistent
with the recommendation of the City of Kenai Planning and Zoning Commission; and,
WHEREAS, ACS, ENSTAR Natural Gas, Homer Electric Association, GCI, and the Alaska
Department of Transportation Utilities do not object to the removal of the utility easement; and,
WHEREAS, on January 7, 2019, the Kenai Peninsula Borough Planning Commission approved
the vacation of utility easement; and,
WHEREAS, on January 9, 2019, the Kenai Peninsula Borough submitted a letter to the Kenai
City Council requesting the approval of the vacation of the utility easement, pursuant to Kenai
Municipal Code 22.05.110; and,
WHEREAS, pursuant to Kenai Municipal Code Section 22.05.110(b) — Determination as to Need
for Public Use states the Kenai City Council may vacate an easement and declare an easement
not needed for a public purpose by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the utility easement within the FBO Subdivision 2018 Replat is no longer
needed for a public use.
Section 2. The Kenai City Council consents to the vacation of the utility easement located
along the Northern boundary of Lot 5, Block 1, and the Southern Boundary of Lot 6, Block 1, FBO
Subdivision as set forth on the attached Exhibit A.
Section 3. That this resolution takes effect immediately upon adoption.
Resolution No. 2019-09
Page 2 of 2
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019.
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210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
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MOM
MEMORANDUM
TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager
FROM:
Elizabeth Appleby, City Planner
DATE:
January 29, 2019
SUBJECT:
Resolution No. 2019-09 — Vacation of a Utility Easement Not Needed for
Public Purpose
Resolution 2019-09 would declare a utility easement 20 -feet wide and approximately 242 -feet in
length along the northern boundary of Lot 5, Block 1, and the southern boundary of Lot 6, Block
1, FBO Subdivision not needed for a public purpose and consent to the vacation of the utility
easement. Exhibit A shows the location of the utility easement.
The Kenai City Council adopted Resolution 2018-22 on June 6, 2018, approving a lease of
Airport Reserve Lands between the City of Kenai and Hilcorp Alaska, LLC for the adjacent Lots
5 and 6, Block 1, FBO Subdivision. The City of Kenai Planning and Zoning Commission had
recommended approval by the City Council during their regular meeting on May 9, 2018 and the
City of Kenai Airport Commission had recommended approval by the City Council during their
regular meeting on May 20, 2018.
The site plan submitted by Hilcorp Alaska, LLC with the lease application disclosed that a
proposed hangar would cross the property line and encroach into the utility easement between
the two lots. A condition of the lease approval was for Hilcorp Alaska, LLC to remove the property
line between the lots and vacate the utility easement along the north and south boundaries of
the lots.
On September 26, 2018, the City of Kenai Planning and Zoning Commission passed Resolution
PZ2018-23, recommending approval of the preliminary plat of FBO Subdivision 2018 Replat,
subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
I
Page 2 of 2
Resolution No. 2019-09
2. The Kenai City Council must approve the vacation of the twenty (20) foot utility easement
as shown on the preliminary plat, pursuant to Kenai Municipal Code 22.05.110.
On November 26, 2018, the Kenai Peninsula Borough Plat Committee met and granted
conditional approval of the Preliminary Plat of FBO Subdivision 2018 Replat consistent with the
recommendation of the City of Kenai Planning and Zoning Commission. On January 7, 2019, the
Kenai Peninsula Borough Planning Commission approved the vacation of the utility easement
and submitted a request to the Kenai City Council to grant approval pursuant to Kenai Municipal
Code 22.05.110.
Thank you for your consideration.