HomeMy WebLinkAboutORDINANCE 1126-1986.1 ift lift
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Suggested b s Administration
CITY OF KENAI
ORDINANCE NO* 1126-86 t.n..
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REPEALING ORDINANCE 870-639 ESTABLISHING A PUBLIC -USE EASEMENT a
ALONG CANDLELIGHT DRIVE EXTENSION THROUGH CITY -OWNED LANDS.
WHEREAS, the City passed Ordinance 070-83 in an attempt to
establish a public -use easement along Candlelight Drive Extension
through City -owned park lands; end,
WHEREAS, establishment of a public -use easement was conditioned
upon permission From appropriate federal agencies; end,
WHEREAS, said permission was never obtained and the person
requesting the easement failed to perfect the easement; end, -1 i
WHEREAS, no easement by necessity, implication, or prescription
can be said to apply to the exterelon of Candlelight Drive over
Government Lot 3, Section 39 TSN, R11W, S.M.; and,: nM.
WHEREAS, a litigation report reveals no easements of record.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, the Ordinance No, 870-83 is hereby repealed. .:
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh
day of May, 1986.
V
10M WAGONER9 MAYOR -off , . _ -•:�;
ATTESTe;:r:y°
Janet a an, y MR
First Readings April 169 1966
Second Readings May 79 1986
Effective Date: June 7, 1966
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Suggested by: Administration}
CITY OF KENAI
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ORDINANCE NO* 870-83
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ESTABLISHING A PUBLIC USE EASEMENT ALONG CANDLELIGHT DRIVE
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EXTENSION THROUGH CITY -OWNED LANDS.
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WHEREAS, the City has received a request for a grant of access
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and maintenance along Candlelight Drive Extension through
lands described as Government Lot
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City -owned perk and recreation
3, Section 39 TSN, R11W9 SM, and
WHEREAS, Candlelight Drive Extension is an existing roadway of-r
one -quarter mile in length, is not constructed to City
specifications and receives minimal City maintenance, and
WHEREAS, said roadway provides the physical, but not 16961
access, to the adjacent 80 acre tract to the south, and
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WHEREAS, the Kenai Advisory Planning A Zoning Commission carom-
be granted along Candlelight
mended that a public use easement
Drive Extended at their meeting of May 259 1983, and
WHEREAS, an appropriate easement width of sixty feet would
ae and future
accommodate the existing roadway as well present
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utility construction, and '
WHEREAS, Kenai Municipal Code Sections 22.05.0109 22.05.020, and
be established by
22.05.050 require that a public use casement
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the City Council by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
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KENA19 ALASKA that a sixty foot public use easement be as-
tablished along Candlelight Drive Extension through City -owned
lands described as Government Lot 39 Section 3, TSN, R11W,
subject to permission from appropriate federal agencies.
the City shell not assume rosponeibility for the
,
Furthermore,
upgrading and maintenance of gold easement unless authorized by
Council, nor costs of perfecting this easement.
PASSED BY THE COUNCIL OF THE CITY OF At, ALASKA, this 17th day
of August, 1983-
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ItONALO A. 1 , •
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ArTESTs
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first Reod lnq 1 June 1, 1983 LL T sw_z
Second Reading: August 179 1983
1983
Effective 00e1 September 17,
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