HomeMy WebLinkAboutResolution No. 2019-74Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019-74
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, DECLARING A UTILITY
EASEMENT TWENTY FOOT (20 ') WIDE BETWEEN THE SHARED LOT LINES OF TRACT A
AND LOTS 4, 5, 6, BLOCK 1, BRIDGE ROAD SUBDIVISION NUMBER TWO AND LOT ?A,
BLOCK 1, BRIDGE ROAD SUBDIVISION LOCKWOOD ADDITION AS SET FORTH ON THE
ATIACHED EXHIBIT "A" IS NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO
ITS VACATION .
WHEREAS , on September 11, 2019, by Resolution No. PZ2019-36 the Planning and Zoning
Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning
Commission approve BRIDGE ROAD SUBDIVISION 2019 REPLAT with vacation of a twenty foot
(20 ') wide utility easement; and,
WHEREAS, on October 14, 2019, the Kenai Peninsula Borough Plat Committee met and granted
conditional approval of the Preliminary Plat of BRIDGE ROAD SUBDIVISION 2019 f3EPLAT
consistent with the recommendation of the Planning and Zoning Commission for the City of Kenai;
and,
WHEREAS, ACS, GCI, ENSTAR Natural Gas, and Homer Electric Association have submitted
written statements to the Kenai Peninsula Borough offering non-objection to the removal of the
utility easement; and ,
WHEREAS, on October 14, 2019, the Kenai Peninsula Borough Planning Commission approved
the vacation of utility easement; and,
WHEREAS, on October 15, 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 .11 O; and,
WHEREAS, Kenai Municipal Code 22 .05.110 -Determination as to need for public use, states
City Council may vacate rights-of-way or easements by resolution .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1. That the utility easement within the BRIDGE ROAD SUBDIVISION 2019 REPLAT
is no longer needed for a public use and the Council of the City of Kenai consents to the vacation
of the Utility Easement located between the shared lot lines of former Tract A and Lots 4, 5, 6,
Bridge Road Subdivision Number Two and former Lot 7 A, Block 1, Bridge Road Subdivision
Lockwood Addition as set forth on the attached Exhibit "A".
Section 2. That this resolution takes effect immediately upon passage.
Resolution No. 2019-7 4
Page 2 of 2
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November,
2019.
BRIAN GABRIEL SR., MAYOR
ATIEST:
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'Vtflar tt1/th, a Pair~ e'ti tt1/th, a l"att<fl, II
210 FidalgoAve, Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www. kenai. city
MEMORANDUM
TO:
THROUGH :
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager
Elizabeth Appleby, City Planner
October 29 , 2019
Resolution No. 2019 -74-Determining a 20-Foot Wide Utility Easement
Between Shared Lot Lines
On September 11, 2019, the City of Kenai Planning & Zoning Commission passed Resolution
PZ2019-36, recommending approval of the preliminary plat of BRIDGE ROAD SUBDIVISION
2019 REPLAT, subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2 . A City of Kenai Water and Sewer Waiver Agreement be signed for the new parcel with the
new owner.
The preliminary plat showed a vacation of a utility easement twenty-foot (20') wide between the
shared lots lines of former Tract A and Lots 4, 5 , 6 , Block 1, Bridge Road Subdivision Number
Two , and former Lot 7 A , Block 1, Bridge Road Subdivision Lockwood Addition (to become Lot
4-A and Tract A-1 , Block 1, Bridge Road Subdivision 2019 Replat). The preliminary plat of Bridge
Road Subdivision 2019 Replat was granted conditional approval by the Kenai Peninsula Borough
Plat Committee. On October 14, 2019, the Kenai Peninsula Borough Planning Commission
approved the vacation of the utility easement and submitted a request on October 15, 2019 to
the Kenai City Council to consent to the utility easement vacation pursuant to Kenai Municipal
Code 22.05 .110, Determination as to need for public use . Kenai Municipal Code 22 .05.11 O states
City Council may vacate rights-of-way or easements by resolution.
No objections have been received for the easement vacation and ACS, GCI, ENSTAR Natural
Gas, and Homer Election Association have submitted written statements of non-objection to the
Page 2 of 2
Resolution No. 2019-74
removal of the utility easement. No utility lines were located within the reserved utility easement.
With the removal of the lot lines between adjacent parcels, there is no longer a need to keep the
easement in place along the rear of the former lots for utilities. Vacation of the utility easement
will not affect access to the parcels .
Thank you for your consideration.