HomeMy WebLinkAboutORDINANCE 0455-1978 CITY OF KENAI
ORDINANCE NO. 455-78
AN ORDINANCE ACCEPTING CONVEYANCE BY TIlE STATE OF ALASKA TO
THE CITY OF KENAI OF TIDE AND SUBMERGED LANDS LYING SEAWARD
OF THE CITY; APPROVING AND ADOPTING TIlE OFFICIAL SUBDIVISION
PLAT OF THE AREA CONVEYED; AND ESTABLISHING PROCEDURES BY
WHICH PREFERENCE RIGHTS MAY BE EXERCISED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
ARTICLE I
GENERAL
Section 1. Short Title. This Ordinance shall be known
as the "Kenai Tidelands Ordinance."
Section 2. Definitions. For the purpose of this
Ordinance the terms defined herein shall have the meaning
provided unless the context requires otherwise:
(a) "Alaska" means the State of Alaska.
(b) "Agricultural Lands" means tidelands chiefly
valuable for agricultural purposes.
(c) "Assessor" means the Assessor of the City of
Kenai, Alaska or other individual designated by the City
Manager to perform the functions herein assigned tp the
Assessor.
(d) "City" means the City of Kenai, Alaska.
(e) "City Engineer" means the City Engineer of
the City, or other city official designated to perform the
functions herein assigned to the City Engineer.
(f) "Class I Preference Right" means the right
extended to persons who occupied or developed tide or submerged
lands seaward of a surveyed townsite on and prior to September
7, 1957, and who have executed a waiver to the City and
State of all rights such occupant may have had pursuant to
Public Law 85-303. Upon execution of the waiver, such
persons or their successors in interest, have the right to
acquire such occupied or developed tide or submerged lands
from the City for consideration of the costs of survey, and
transferring and conveying the title.
Ord. 455-78, page 2
(q) "Class II Preference Right" means the right extended
to Class I preference right claimants who refuse to execute a
waiver to the City of any rights such occupants may have acquired
pursuant to Public Law 85-303. It shall be mandatory for the
Citl' to expeditiously honor the application from the occupant
after the Secretary of the Army has submitted to the Secretary
of the Interior and Governor of the State maps showing the pier-
head line established by the Corps of Engineers with respect
to the tract so granted. The most expeditious method of securing
title to such lands is to execute the waiver of Class II r~qhts
and proceed to apply for title under a Class I preference right.
(h) "Class III Preference Right" means the right
extended to persons who occupied or developed tide or submerged
lands after September 7, 1957, and who continued to occupy ~he
same on January 3, 1959. Such persons, or their successors, have
the right to acquire such occupied or developed tide or suhnerged
lands for a consideration not to exceed the costs of appraisal, and
administering and transferring, including survey, together with
the appraised fair market value thereof, exclusive of any value
occurring from improvements or development, such as fill material,
building, or structures thereon.
(i) "Clerk" means the Clerk of the City.
(j) "Commission" means the City of Kenai Advisory
Harbor Commission.
Alaska.
(k) "Director" means the Director of Lands, State of
(1) "Director's Line" means a line seaward of the
City, approved by the Director, with the concurrence of the
Commissioner of Natural Resources, State of Alaska, seaward of all
tide and submerged lands occupied or suitable for occupation
and development without unreasonable interference with navigation.
(m) "Fair Market Value" means the hiqhest price,
described in terms of money, which the property would bring
if exposed for sale for a reasonable time in the open market,
with a seller, willing but not forced to sell, and a buyer, willing
but not fo~rced to buy, both being fully informed of al! the purposes
for which the property is best adapted or could be used.
(n) "Fill" shall mean earth, gravel, rock, sand, or
other similar materials placed upon tide or contiguous submerged
lands to a height above the high water line for the purpose of
elevating the lands for a special useful purpose. Earth, gravel,
rock, sand, or other similar materials, placed on tide or
contiguous submerged land solely for the purpose of spoils disposal
shall not be considered fill unless such fill was used for useful
and beneficial purpos~ on and prior to January 3, 1959.
(o) "Hearings Officer" means that City official employed
to hear disputes between claimants, summarize the testimony,
attempt to reach stipulations of fact bet%~en the parties,
Ord. 455-78- pa--- 3
assemble the reco~:d of the di.~;pute, and submit tile same to
the Council for determination.
(p) "Improvements" means buildings, wharves,
piers, dry docks, and other similar types of structures
permanently fixed to the tide or contiguous submerged lands
that were constructed and/or maintained by the applicant
for business, commercial, recreation, residential, or other
beneficial uses or purposes. Floats secured by guide piles
used as floating wharves, where access is provided to the shore,
shall be improvements within the maaning of this section, and
fill material not actually in place to above the line of mean
high tide of January 3, 1959 and actually utilized for beneficial
purposes on January 3, 1959 by the applicant shall be considered
a permanent improvement, but in no event shall fill be considered
a bermanent improvement when placed on the tidelands solely
fo~ the purpose'of disposing of waste or spoils. Fill material not
utilized for a beneficial purpose on and prior to January 3, 1959,
and fill material not actually in place to above the line
mean high tide on January 3, 1959 shall not be the basis for
an application, nor shall it be included in any application,
for the exercise of preference rights hereunder.
(q) "Industrial and Commercial Lands" means tide
lands chiefly valuable for industrial, manufacturing or
commercial purposes.
(r) "Kenai" means the City of Kenai, Alaska.
Alaska.
(s) "Manager" means the Manager of the City of Kenai,
(t) "Mean High Tide" at any place subject to tidal
influence shall be interpreted as the tidal datum plane
derived from averaging all the high waters observed at that
place over a period of nineteen (19) years. Mean high water
shall be interpreted to be as the intersection of the datum
place of mean high water with the shore.
(u) "Mean Low Tide" shall be interpreted to be mean
lower low water which is the mean of the lower of the two low
waters of each day for a tidal cycle of nineteen (19) years.
(v) "Occupant" means any person as defined herein,
or his successor in interest, who actually occupied for any
business, residential, or other beneficial purpose, tide or
submerged land, within the conveyance of such by the Stake to
the City, on or prior to January 3, 1959, with substantial
permanent improvements. No person shall be considered an
occupant by reason of having (a) placed a fish trap in
position for operation or storage upon the tide, shore, or
submerged land, (b) placed a setnet or piling therefor or
any other device or facility for taking of fish, (c) placed
Ord. 455-78, pagtz 4
pilings or dolphins for long storage or other moorage, (d)
placed telephone, power or oth~r transmission facilities,
roads, trails, or other contiguous submerged lands, or (e)
claimed the land by virtue of some form of constructive
occupancy. Where land is occupied by a person other than
the owner of tho improvements thereon, the owner of the
improvements shall, for the purpose of this Ordinance, be
considered the occupant of such lands.
(w) "Occupied or Developed" means the actual use,
control, and occupancy, but not necessarily residence, of
the tide or submerged land by the establishment thereon of
substantial permanent improvements.
(x) "Ordinance" means the Kenai Tidelands Ordinance.
(y) "Park and Recreation Lands" means tidelands
chiefly valuable for public park and recreation use, including
scenic overlooks.
(z) "Person" means any person, firm, corporation,
cooperative association, partnership or other entity legally
capable of owning land or any interest therein.
(aa) "Pierhead Line" is a line fixed by the Corps
of Engineers roughly parallel to the existing line of mean
low tide at such distance offshore therefrom that said
pierhead line shall encompass landward all stationary,
manmade structures under the authority of Public Law 85-303.
(bb) "Preference Right" subject to the classifications
thereof herein established means the right of an occupant to
acquire by grant, purchase, or otherwise, at the election of
the occupant, except as otherwise limited or prescribed in
this Ordinance, any lot, piece, parcel or tract of tideland
or submerged land occupied or developed by such occupant on
and prior to January 3, 1959.
(cc) "State" means the State of. Alaska.
(dd) "Submerged Lands" means land covered by
tidal waters between the line of mean low ,~.uer and seaward
to a distance of three (3) geographic miles, in their
natural state, without being affected by mam.,,ade structures,
fill, and so forth.
(ee) "Substantial Permanent Improvements" shall
for the purposes of the Ordinance have the same meaning as
Improvements, as herein defined.
(ff) "Tidelands" means lands periodicially covered
by tidal waters between the elevations of mean high tide and
mean low tides, without regard to artificial interference
with tidal flows caused by manmade structures, breakwaters,
fill and the like. When used in this Ordinance it shall
Ord. 455-7~, pa,,.. 5
also include submerged lands conveyed by the .~;tat¢; to th(;
City.
(rlg) "Tidelands SubdJ. vision Plat" is that certain
plat of subdivision of tidelands and submerged lands conveyed
by the State to the City made by H. II. Galliett, Jr., Registered
Engineer, dated December, 1968, known as Alaska Tidelands
Survey No. 272 and filed as 76-179 in the Kenai Recording
District showing all structures and improvements thereon and
the boundaries of each tract occupied or developed, together
with the name of the owner or claimant thereof, including
within the boundaries of each tract occupied or developed
such surrounding tide and submerged lands as shall be reasonably
necessary in the opinion of the Council for the use and
enjoyment of the structures and improvements thereon by the
owner or claimant, but shall not include any tide or submerged
lands which if granted to such occupant would unjustly
deprive any occupant of adjoining lands from h~s reasonable
use and enjoyment thereof.
ARTICLE II
ACCEPTING THE STATE CONVEYANCE, APPROVING TIlE TIDELANDS SUB-
DIVISION PLAT, ESTABLISHING PROCEDURES FOR THE EXERCISE OF
PREFERENCE RIGHTS, FILING AND PROCESSING OF APPLICATIONS,
PUBLICATION OF NOTICES, ADJUDICATION OF DISPUTES, PROVIDING
FOR PAYING COSTS OF SURVEY, APPRAISAL, TRANSFER, HEARING OF
DISPUTES, AND PURCHASE OF LANDS SUBJECT TO CLASS II RIGHTS.
Section 1. A~pJp. roval and Acceptance of State Conveyance.
The conveyance by the State to the City, dated January 6,
1977, of tidelands and submerged lands lying seaward of the
City is hereby approved and accepted and the lands therein
are hereby declared incorporated into the limits of the
City.
Section 2. A~i and Adoption of Subdivision Plat.
The Tidelands Subdivisio~ pla[, hereinafter called Plat, is
hereby approved and adopted as the official Tidelands
Subdivisiqn Plat of the City o£ Kenai, Alaska, of tide and
submerged lands conveyed by the State to the City, by conveyance
dated January 6, 1977. Said Alaska Tidelands Survey is
numbered 272 arld is filed under 76-179 in the Kenai Recording
District.
Section 3. Time and Places of Postin. P~_~_~. Said Plat
shall be posted f~ a period of not less than sixty (60)
days, commencing with the date following the date of final
passage of this Ordinance, in the office of the Clerk, City
}lall Building.
Section 4. Publication of Notice of Posting Plat and
Plat and Passage of Ordlnance. The Ci,~rk ~h~-i'i--cause to be
1
Ord. 455-78, page 6
issued and published once a week for four (4) weeks, in a
newspaper of general circulation in the City, commencing the
(Jay after the date of final passage of this Ordinance, a
notice of the posting of said Plat containing the following
statements: (1) time and place of posting, (2) the day of
final passage, and the effective date of this Ordinance
which adopts the Plat as the official Tidelands Subdivision
Plat of the tide and submerged lands conveyed by the State
to the City on January 6, 1977, (3) that any and all persons
having or claiming preference rights provided by law and as
herein defined to any part or parts of the subdivided land
embraced within the boundaries of said Plat, who fail to
apply to exercise such rights under the provisions of this
Ordinance within two (2) years from and after October 6,
1979, which is hereby declared to be the date upon which
applications therefor will be first accepted by the City,
shall have forfeited their preference rights provided by law
and this Ordinance, and (4) that this Ordinance was enacted
to protect occupants having preference rights, to afford due
process of law, to provide procedures for applying for
exercise of preference rights, for hearing and adjudicating
adverse claims, and for conveying title to occupants holding
preference rights defined by law and this Ordinance; and (5)
that copies of this Ordinance and application forms are
available at the office of the Clerk of th~ City.
Section 5. Time in Which Applications Will Be Accepted
for Fi%~ng. Application forms,'in Substantially the form
set forth in Section 20(a) will be accepted for filing one
business day after the effective date of this ordinance, and
ending two (2) calendar years thereafter and at the close of
business at 5 P.M., after which no application forms will be
furnished and after which no applications will be accepted
for filing.
Section 6. Procedure for Filing Applicat';.t.ns. Applications
shall be submitted, and will be received for filing, only
for the purpose of cla~ming preference rights herein defined
to the tidelands conveyed to the City by the State.
(a) Application forms will be provided by the
Clerk without charge at the City Clerk's office in
the City Ilall Building.
(b) Applications must be submitted in triplicate.
(c) Applications nor clearly legible nor properly
completed and certified by the applicant will
not be accepted for fili~;9. Since the facts
alleged may be used in hearings of disputes their
truth must be certified. The facts alleged will
also be the basis for the conveyances of valuable
Ord. 455-78, pa¢~ 7
property. Willful and deliberate misstatements of
fact will be equivalent to attempting to obtain
valuable public property by misrepresentation and
may be prosecuted as obtaining property under
false pretenses.
(d) Applications may be mailed to the City Clerk,
Box 580, Kenai, Alaska, 99611, with the proper
deposit comp~ted according to the nature of the
application made. Applications properly completed
accompanied with the proper deposit will be stamped
with the time and date of filing and signed by the
person accepting the deposit. The triplicate copy
will then be delivered to the applicant, or mailed
to him if a return envelope with postage affixed
is furnished or delivered to the City Clerk, City
Administration Offices, Airport Terminal Building,
Kenai, Alaska.
(e) Any application for a deed based on an asserted
right other than a preference right shall be
rejected.
(f) Any applications not waiving the Class II
preference right shall be filed by the Clerk,
together with all others of like nature, to await
the official promulgation of the pierhead line.
Thereafter such applications shall be processed as
applications under the Class I rights.
(g) Applications not accompanied by Lhe proper
deposit for costs shall be rejected.
Section 6.2. Initial Review by Commission. After
initial review of the appiication by the C~mmis'sion, the
applicant shall have prepared at his own cost a preliminary
and final plat as described in the following section.
Section 6.3. Preliminary Plat.
(a) The applicant shall prepare, or have prepared,
a preliminary plat of the tide, shore or submerged
lands which he claims. This plat shall comply
with the requirements hereinafter set forth.
(b) The purpose of a preliminary plat is to
afford the occupant an opportunity of receiving
preliminary review and prevent the unnecessary
expenditure of mone~, and time that would be necessitated
if major chan~es w~:e required.
(c) The applicant must file his application
accompanied by four black or blue lined plats of
the layout.
(d) The Commission shall forward the preliminary
plat to an engineer to be designated by the Commission,
who shall report to the Commission his approval o~
disapproval of the plat for technical or engineering
reasons and tho Commission shall, within 90 days
after submission of the preliminary plat, notify
the applicant of the tentative approval or disapproval
of the plat_and his reasons therefor.
(e) Conditional approval of the preliminary plat
shall not constitute approval of the final plat.
Rather, it shall be deemed an expression of approval
as a guide to preparation of the final plat.
Section 6.4. Preliminary Plat ~e~ufrements.. The Pre-
liminary Plat shall show the followt, ng information:
(e) Legal description of location to include
latitude and longitude to the nearest minute at
one corner of the survey and the total acres of
the area occupied or claimed.
(b) Name and address of applicant and name of
land surveyor, if any, who prepared the preliminary
layout.
(c} The horizontal scale shall be 100 feet to the
inch unless otherwise approved by the Commission.
(d) Date of preparation and North Point.
(e) The location of all roads within 200 feet of
the tract, fill material, existing permanent
buildings, or other structures within thc parcel,
existing utility lines, mean high and low tide
lines with reference to permanent structures and
other permanent features such as section lines,
and such other information as may be requested by
the City.
(f) Space for approval and/or comment by the
Commission.
(g) The names of adjacent owners or claimants, if
any, other than the City.
(h) Adjacent U.S. Surveys, if any, giving the
number of the Survey.
i
Ord. 455-78, page 9
(i) A vicinity sketch or key map should b6 shown
on the preliminary layout. The scale shall not be
less than one-half inch to tho mile. The relative
location of the parcel being applied for, the
principal road systems and section or speci~£
survey lines shall also be shown.
Section 6.5. Survey Procedure. Wherever feasible,
data as set forth in ATS 272, recorded in the Kenai Recording
District as 76-179 shall be used. Where additional data is
required the following procedures shall govern:
(a) Determining the line of mean high tide.
]. In the case of U.S. Survey which abuts
the tidelands, such U.S. Survey being made
prior to the date of statehood, the line of
mean high tide shall be construed to be
either the meander lines established on the
seaward side of the U.S. Survey or the line
as defined under Section 2(s) of these regulations,
whichever is the lower.
2. For tidelands surveys abutting any U.S.
Survey made after the date of statehood or in
any location where no uplands survey exists,
the line of mean high tide shall be determined
by using U.S.C. & G.S. Bench Marks, (or ~
other bench marks which have been established
from that source), and tide tabl~ datum.
The upland boundary need not follow this
line in its entire exactness, but may follow
in a "meander" or "average" line of mean high
tide. Each end of the boundary should be
established on the elevation of mean high
tide. Provided however, that where the true
line of mean high tide has been altered by
fill or artificial accretion, the line of
high tide as it existed prior to such alteration
shall govern.
3. In tho case that no U.S.C. & G.S. Bench
Mark exists within one mile of the property
being surveyed, the surveyor may, by using
the tide tables for the immediate body of
water, and applying tidal readings he has
taken, determine the line of mean high tide
and use it in accordance with paragraph (2)
of this soction.
Ord. 455-78, page 10
In some cases, such as salt or mud flat
areas where the average grade of the bench is
10% or less and determining the elevation of
the line of mean high tide could create a
lengthy horizontal distance, the City Council
may require that the true line of mean high
tide be_established, regardless of the distance
from a known bench mark.
(b) Method of establishing side boundary lines.
In fixing the side boundary lines, the general
rules of extending Riparian Boundary Lines, as
outlined by such authors as Rayner, Clark or Brown
shall be followed. In the event that actual
occupancy does not match the Riparian Boundaries,
the survey shall be made to include the occupant's
holdings and not to encroach on the adjoining
occupant.
Section 6.7. Procedure on Final Plat
(a) The final plat shall conform substantially to
the preliminary layout as approved by the Commission.
(b) The final plat shall be submitted to the City
Clerk on good quality tracing cloth, in ink, or
mylars together with five prints.
(c) The final plat shall be drawn to scale of one
inch equals 100 feet, with an option of using one
inch equals 20 or 40 feet, on sheets of one of
three sizes: 18" x 24", 31 1/2" x 34", or 22" x
36", unless otherwise approved by the Commission.
When more than one sheet is required, an index
shall be filed showing the entire parcel with the
sheets in numerical order, and each sheet showing
the total number, i.e., sheet 1 of 3. When morc
than one sheet is submitted, only the last must
have the approval blocks, but all sheets must be
the same size.
(d) When the final plat has been approved by the
Co~ission, one copy shall be sent, along with the
deed to the property, to the Magistrate of the
Recording District in which the tract lies for
official recording. Special instructions shall be
sent to the Magistrate instructing him to send the
deed to the occupant after recording. One copy of
the plat will be returned to the occupant. The
original tracing containing the certification by
the Commission will be retained by the City.
Prints or duplicate transparencies will be furnished
at cost of reproduction.
Ord. 455-78, paqe 11
Section 6.8. Final Plat Requ]~rements.
(a) The final plat shall include all information
required on the preliminary plat.
(b) The final plat must represent an actual
survey made by a person who has been qualified by
the State of Alaska, Board of Engineers & Architects
Examiners to practice land surveying in the State
of Alaska.
(c) In addition thereto, the following information
shall be shown on the final plat:
1. Boundary lines of the parcel with length
and bearings which must close within the
limits of 1 to 5,000. If the seaward limits
of the survey falls within the line of mean
low tide, the seaward boundary must represent
lines actually established by the surveyor.
2. Ail easements as required by the City.
3. Basis of bearings used.
4. A properly labeled legend showing monuments
as found or established.
5. The course of the shoreline for an additional
400 feet from each side of the survey.
(d) Monuments.
1. Minimum requirements: Monuments shall
consist of a one and one-half inch galvanized
iron pipe, thirty or more inches long. This
pipe shall have a four-inch flange across the
bottom and shall be filled with concrete.
Firmly emplaced in the concrete at the top
shall be a brass or bronze cap. The pipe
shall be thoroughly tamped when set.
The brass or bronze cap shall have a minimum
of two inch diameter across the top and 3/4
inch by 2-1/2 inch shank. Each cap shall be
marked in accordance with the Manual of
Surveying instructions as compiled by the
Bureau of Land Management and shall also show
the registration number of the surveyor.
Ord. 45'5-78, pag.. 12
Where impracticable to set an iron pipe
monument, a tablet containing a minimum of
1,000 cubic .[ncl]es of concrete and a brass or
bronze cap marking the actual corner point
may be used. Should the point for a corner
be in a place which would be impracticable to
monument, witness corners shall be set in a
safe p~ace on the survey boundary line or
have two reference monuments set. The monuments
on the uplands side of the survey shall be
referenced to bearing objects, such as trees,
rocks, piling, buildings, etc., or have two
reference monuments set marking the corner.
These references may be shown on the plat
of survey or may be listed separately on a
plat as described under Section 6.7, Paragraph
o.
2. Unless otherwise approved by the City
Council, each survey shall have at least four
monuments, each fully described in the plat
of survey. It is desirable but not mandatory
that monuments be set at all exterior angle
points of the parcel. The line of sight
between adjacent monuments shall be unobstructed.
The distance between adjacent monuments shall
not exceed thirteen hundred and twenty feet
(1,320'). No part of the parcel shall be
farther than thirteen hundred and twenty feet
(1,320') from a monument unless otherwise
approved by the City Council.
3. If the point for the seaward corner falls
in an unsafe place, a witness corner shall be
established on the side boundary line.
(e) Relationship to known monument.
1. Bearings of ail lines shall be referred
to the true meridian. The magnetic needle
may not be used for this purpose. Bearings
shall be obtained by deflection from existing
official surveys at the G.L.O., B.L.M.,
U.S.C., and G.S., U.S.G.S., the Alaska Division
of Lands, or monuments with proper identification
which are delineated on recorded plats,
unless otherwise provided for in these
regulations.
()rd. 455-78, i) 1/5
2. True bearings and distances to the nearest
established survey lines, such as those
listed previously, which shall be accurately
described on the plat, shall be shown.
Section 7. Deposits for Costs Prerequisite to Filing.
The application f°rm-~i'ii assist the applicant in determining
the proper costs to advance, which will depend upon the
nature of the right claimed. In all cases a filing fee of
$10.00 will be required. Survey costs depend upon the area
claimed at the rate of $.01516 per square foot. If the area
claimed is different from the lot as it appears on the Plat
the applicant sha£1 show the measurements of the additional
or lesser area claimed and compute and pay the different
survey cost accordingly. Transfer costs will be the same in
all cases. They cover the cost of time estimated to be
required to examine, process and approve the application, as
well as to prepare and execute the deed, publish notice,
give notice of additional costs, if any, and give notice to
applicant. In all cases transfer costs will be in the
amount of $35.00. Deposit for appraisal costs will be
required in all cases of Class III preference rights, or
where another asserted right is determined by the Council to
be a Class III right. Appraisal costs will depend upon the
area involved and the complexity of the appraisal sought.
Where required as a deposit, the minimum amount is $50.00
but additional amounts not exceeding $100.00 may be required
prior to delivery of deed.
Section 8. Additional Costs in Certain Cases. Aside
from deposits required at the time of filing applications,
additional costs will be required to be paid prior to hearings
where disputes require hearings, and for cost of land under
a Class III right as well as appraisal thereof when a preference
right sought to be exercised is determined to be a Class III
right, as follows:
(a) When the area claimed does not comply with,
the boundaries of the lot shown on the Plat, it is
necessary to have a hearing to establish the
validity of the right claimed and whether it is
~necessary for the Plat to be changed to comply
with the application. This may require notice to
be given to adjacent occupants interested in the
difference between the lands claimed and land as
shown on the Plat so that all parties in interest
may be heard at the hearing.
(b) When applications conflict with the same
area or portions thereof, it shall be necessary to
conduct a hearing to determine the fact and the
issue in question. Conflicting claims will be
carefully scrutinized and each disputing party
will bear the burden of proving facts sufficient
to ~stablish the validity of his claim.
Ord. 455-78, page 14
(c) The party filing an application conflicting
with a claim previously filed shall be required to
deposit hearings cos%s in the amount of $100.00.
If the conflict is not known at the time of filing,
the applicant shall be advised of the conflict as
soon as it is known and of the need to deposit the
hearing cos~ deposit.
(d) The applicant who after hearing and deter-
mination by the Council is determined to have
claimed the land of another shall be the party to
bear the cost of the hearing. If such party did
not deposit such costs, no deed shall be delivered
to him until the cost is paid. ~ere the depositor
is the prevailing party, the hearing cost deposited
shall be refunded to him by the City.
(e) When title by Class III preference right is
claimed, the applicant shall be required to deposit
the appraised purchase price after appraisal has
been made and the purchase price has been so
determined. The same procedure will be applied
when no application under another Class of right
is sought but it is determined that the only
available right to the applicant is a Class III
right.
(f) When a preference right is sought to be
exercised other than a Class III right and such
right is determined to be a Class right, then the
applicant shall be required to deposit the estimated
cost of appraising the property claimed.
(g) The applicant who receives the deed from the
City shall at his own cost bear the cost of recording
the deed.
Section 9. Procedures for Processing Filed Applications.
The Clerk shall cause the following procedures to be carried
out:
(a) Ail copies of applications accepted for
filing shall be stamped with time and date of
filing and an application numbez in chronological
order of filing.
(b) Ail original applications shall be filed in a
permanent register and the names of the applicants
entered in an alphabetical index which shall be a
permanent part of such register.
(c) Th~ application register shall be available
for public inspection during office hours of the
Clerk except when in actual use for filing and
indexing.
Ord. 455-78,
(d) Certified copies of all applications shall be
prepared for all persons upon request upon their
paying $2.00 per page for copies of said applications
and any attachments forming a part thereof.
(e) Processing of duplicate applications. The
third copy of the application will be returned to
the applicant as his record and as receipt for
deposit made, or mailed to applicant if he has
provided a return envelope. Thc second copy shall
be the working file copy to be handled and processed
as follows:
(1) Applications to exercise Class I preference
rights having waivers attached and which apply for
lands which comply with the Plat with respect to
area and boundary locations shall be transmitted
to the City Engineer for handling as provided in
Section II (b). Applications to exercise Class I
preference rights which do not have waivers attached,
irrespective of whether the lands app]ied for
comply with the Plat shall be segregated for
handling in the same manner as Class II preference
right applications.
(2) Applications to exercise Class I preference
rights having waivers attached, and which claim
lands which do not comply with the Plat with
respect to area and boundary locations, shall be
transmitted to the City Engineer for handling as
provided in Section II(a) and further processing
as provided in Section 14.
(3) Applications to exercise Class II preference
rights shall be segregated and kept with Class I
preference right applications not having waivers
attached. All such applications shall be held in
abeyance by the City until such time as the pierhead
line is established by the Corps of Engineers,
whereupon such applications shall be promptly
.honored and processed in the manner herein describcd
for Class I preference right applications, where
waivers are attached.
(4) Applications to exercise Class IIf
preference rights, and all applications determined
in whole or in part to be Class III, shall be
transmitted to the Assessor for appraisal as
provided in Section 10.
Ord. 455-78, page 16
(5) No applications which combine Class I,
Class II and Class III, or any combination of such
preference rights, will be accepted for filing.
Any such application presented for filing shall be
returned to the applicant for revision into two or
more applications, each of which will apply for
land under only one type of preference right.
(6) An application to exercise one class of
preference right which in part complies with the
Plat with respect to area and boundary locations,
but does not wholly comply with the Plat in such
respects, shall be treated as if no part of the
application so complies with the Plat and shall be
processed for contest hearing.
Section 10. A~ppraisal. Ail applications for Class II
preference rights shall be transmitted to a professional
appraiser for appraisal. His appraisal shall be made on a
form prepared in duplicate, the original of which shall be
attached to the application and the duplicate of which shall
be retained for his records. Applications when appraised
shall be transmitted to the City Engineer for further processing.
Section 11. Review by City Engineer. Ail applications
being ready for processing shall be reviewed by the City
Engineer. Upon review and comparison with the Plat, he
shall make his request to the Harbor Commission giving a
copy thereof to the applicant as to whether or not the
application seeks to ezercise a preference right to land
which is described on the Plat, and complies witb it in
respect to area dn boundary locations.
Section 12. Recommended Approval by Commission: The
Kenai Advisory Harbor Commission shall review all applications
for tidelands upon the submission of the City Engineer's
report. The Commission may conduct public hearings to
verify the validity of the applicant's claim and request
additional evidence by way of affidavits and the like in
order to come to recommend said claim for approval by the
City Counc~il notifying applicant thereof by mail sent to the
address stated on his application. The Commission may
provide a check off list to aid it in considering applications.
The City Council shall consider for approval the claim of
the applicant within the time limitations and with the right
of appeal given pursuant to Section 16 below.
Section 13. Processing of Approved ApJ~lications by
Clerk and Notice t~ P-~ic. All apPlications returned to
the Clerk approved by the City Engineer, and appraised by
the Assessor if required, shall be processed by tho Cl~rk in
the following manner: The Clerk shall ascertain if the
deposit made by the applicant is sufficient to pay all known
and estimated costs of survey, appraisal, transfer, and
purchase, if of Class III and if not, to advise the applicant
that the remainder due shall shall be deposited with the
Clerk before further processing. If or when the deposit is
sufficient to pay all such costs, the Clerk shall cause to
be published once a week for four (4) weeks, in a newspaper
of general circulatio~ in the City, notice of the names of
the applicant(s), the Block and Lot numbers of the property
claimed according to Plat designations, the preference right
claimed, the improvements made, the length of time (including
the dates) the applicant occupied the land, and if Class III
its appraised value, and that the City will issue to the
applicant(s) its Deed therefor within thirty (30) days after
the last date of publication, provided that before date of
last publication nor adverse application or claim has been
filed with the City. During said period of publication the
applications thereof shall be returned to the City Engineer
who, at the end of said period of publication, shall note on
the application whether or not any adverse claims have been
filed for the land in question. If adverse claims have been
filed, the applications shall be further processed for
hearing. If no adverse claims have been filed, the respective
applications shall be returned to the Clerk.
Section 14. Deeds--Permanent Register. The Clerk
shall then cause to be prepared a Quit-Claim deed conveying
such land to the applicant(s) that the City has and transmit
the Quit-Claim Deed to the Manager for execution. Notice
shall then be sent to the applicant to take delivery of said
Deed at the office of the Clerk, who shall deliver the same
to the applicant if all requirements have been met and all
costs, including purchase price, if required, have been
paid. Duplicate originals of all executed Deeds shall be
kept in the office of the Clerk in a permanent register
entitled "Kenai Tidelands Deeds" with permanent alphabetical
index of grantees.
Section 15. Special Proceedings for .Disputed Claims.
The Kenai Advisory Harbor Commission (Commission) shall sit
as a quasi adjudicatory body to set disputes for hearing and
hear the evidence under oath of the parties to the disputes.
Proceedings shall be informally conducted but testimony
taken under oath, and notice of the proceedings shall be
given to the disputing parties. Their object shall be to
determine without delay the respective basis of the conflicting
claims. Upon the submission of each dispute, the Commission
shall prepare a short summary on the conflicting claims and
the evidence submitted in support thereof, together with
their written findings of fact, and conclusions of law.
Ord. 455-78, page 18
Section 16. Proceedings for Determination by Council
of all Disputes. Upon receiFt of the working files in all
cases of disputes, and the summary of the Hearings Officer,
together with copies of notices of hearings served upon or
mailed to all parties to the dispute, the Council shall set
the dispute of Hearing and determination, and cause notice
to be served on all parties. Upon the Council having heard
the dispute it shall enter its ruling thereon as quickly as
possible, but not later than ten (10) days after the matter
is submitted. Aggrieved persons shall have the right of
appeal to the Superior Court, within thirty (30) days after
the ruling of the Council is rendered.
Section 17. Determination U~on Stipulation of Facts.
Wherever possible, to reach agreement of the parties at
hearings before the Commission, a stipulation of facts shall
be prepared and agreed upon by the parties. ~ere this is
done the Commission shall prepare and attach his conclusions
of law and submit the file to the City Engineer to determine
if the City's interests are affected by the stipulation, or
if a boundary change is required and no third party or City
interests are affected adversely by the proposed change in
boundaries of lots shown on the Plat, upon approval of the
Council the Plat shall be directed to be changed. Should it
be determined by the City Engineer that the stipulation
adversely affects the interest of the City or those of third
parties, the dispute shall be returned to the Commission
for further proceedings upon notice given.
Section 18. .Rejection of Protests Other Than by. Applicant.
No objections will be received to proposed issuance by Deed
by the City on publication of notice thereof, nor will any
person be permitted to appear and be heard at any hearing of
a dispute before the Commission or the Council, unless such
objector or person is an applicant for preference rights of
Class I or II and has filed an application with the Clerk.
The foregoing shall not prevent the appearances before the
Commission or Council of witnesses appearing on behalf of
the parties in dispute or persons called by the Commission
or Council who may have personal knowledge concerning the
verificati~n of claims.
Section 19. Handling of Deposit and Purchase Funds.
Ail funds received as deposits with appli~ati0ns for costs
or purchase price for tidelands shall be deposited by the
Finance Director in the General Fund. Such deposits will be
credited by the Finance Director as follows:
(a) Survey Costs - as a credit to disb~rscments
made by the City for costs of preparing the
Tidelands ?~Ldi~}s~on Plat.
Ord. 455-78, page 19
(b) Transfer Costs - to Administrative Costs as
Deeds are issued.
(c) Appraisal Costs - to Administrative Costs as
earned, or as credit to appraisal costs incurred.
(d) Hearin~ Costs - to Administrative Costs,
Hearings Officer.
(e) Purchase Costs of Class II lands shall be
credited to a separate account in the General Fund
to pay for improvements in tidelands areas consisting
of fill, street, sidewalk and sewer improvements.
Section 20. Forfeiture of Preference Rights. Any
occupant or owner 6r holder of preference rights as herein
defined, who has not applied to the City for title thereto
as herein provided, on or before two (2) years after the
date applications to exercise preference rights will be
accepted for filing by the City under this Ordinance, by a
properly completed application duly filed with the Clerk and
accompanied by the required deposit, shall have forfeited
his right to asser this preference rights and acquire title
to tidelands subject thereto from the City; and such tidelands
and contiguous ~,,bmerged lands subject to such unused preference
rights shall thereafter be free and clear of all claims to
preference r~ghts and the City shall have no obligation to
convey the same to any Person or persons whosoever, and said
land shall then be and remain the property of the City and
be subject to such disposition as provided for by law or
Ordinance.
Section 21. Forms. The clerk shall cause to be
printed application----f~ms and other forms for use in processing
th~ same in substantially the following form:
APPLICATION FOR
TIDELAND PREFERENCE RIGHTS
Name
Home Address
Post Office Address
Application No.
Mark X to designate nature of Preference Right Claimed
Class I
Class II
Class III
Does the Tideland Plat 272 correctly show the land applied
for:
Yes No
Ord. 455-78, page 20
If Tideland Plat does not correctly show land applied for,
describe it by metes and'bounds and attach plat of land
applied for (use attachment if more space is required).
All claimed improvements were first constructed and used (1)
before September 7, 1957 ? (2) before September 7,
1957 and January 3, 1959 ? (3) after January
3, 1959 ?
Is any part of your claim based on improvements and/or fill
constructed or placed after January 3, 19597 Yes No
· If answer is "yes" describe area improved after
January 3~ 1959, (use attachment if more space is needed)
and state nature of improvements.
Have any of these improvements been extended or improved
after (1) September 7, 1957, (2) January 3, 19597 Describe.
To what beneficial purpose was fill used prior to (1)
September 7, 1957 (2) January 3, 19597 Describe.
Was this beneficial use continued through January 3, 19597
Describe.
The Plat is based on apparent use and improvements existing
on January 3, 1959, recognized by the Alaska Land Act; state
any reason known to you why your claim does not correspond
with the Plat. (Use attachment if more space is required;.
offer Cash Money Order
__ in the amount of $
~-6-~the following costs:
Cashier's Check
as deposit
Use by Clerk
Filing Fee $
Survey Costs (at rate of
per sq. ft.)
Appraisal Costs (Class II
Applications)
Transfer Costs ($ )
Hearing Costs (if c'~m adverse to prior application a
deposit
of $ for hearing and
service noti~e~is required)
Total Deposit (Does not include
purchase price of land in Class
II Applications)
Deposit Received by City by
Date of Application
Date Application Rec~i%~d by City
Time Filed
Ord. 455-78, page 21
CERTIFICATION
I, , the above named applicant, or its agent,
hereby cert~ify that all of the statements made in the
application and incorporated attachments, if any, are true
and correct.
Print Name(s)
(b)
Signature (s)
ASSESSOR'S APPPJ%ISAL
The undersigned appraiser(s) do hereby certify that he has
duly appraised the tide and/or submerged land described in
the attached Application No. of ,
without including in the hereinafter stated value any value
for valuable improvements constructed or placed hereon prior
to January 3, 1959, at the fair market value.
Tideland sq. ft. at $ per sq.
foot $ .
DATED at Kenai, Alaska, this __ day of
197 .
Signed
(c)
WAIVER OF CLASS II PREFERENCE RIGIITS
(ATTACH TO EACH CLASS I APPLICATION)
I, , the applicant, or his authorized
agent, in the Application for Tideland Preference Rights,
Application No. , to which this Waiver is
attached, do hereby waive any and all Preference Rights, to
acquire tide or submerged lard lying seaward of the City of
Kenai, to which I am now or ~Aay b~reafter become entitled by
reason of the provisions of Public Law 85-303.
Ord. 455-78, page 22
DATED at Kenai, Ala_-ka, this
197__.
Print Name
Signature
day of
(d)
CITY OF KENAI, ALASKA
TIDELAND QUIT-CLAIM DEED
This deed, made in duplicate this day of
197 , by and between ~h~ City of Kenai, Alaska, Grantor,
and , Grantee(s).
WI TNE S S ET H :
That the said Grantor, for and in consideration of the
sum of One and No/100ths ($1.00) Dollar and other good and
valuable consideration, to it in hand paid by the said
Grantee(s), pursuant to the provisions of the Alaska Land
Act (Chapter 169, SLA 1959) and Ordinance No. 455-78, enacted
on January 3, 1979, pursuant thereto, does hereby conveys,
quit claims, and confirms unto said Grantee(s) as tenants by
the entirety, with the right of survivorship (strike if
grantees are not husband and wife), and to his (their) heirs
and assigns (strike if Grantee a corporation), and to its
successors and assigns (strike if Grantee not a corporation),
all such interest as the Grantor has, if any, in the following
described lot, piece, parcel and tract of tideland and
contiguous submerged land situated within the corporate
limits of the City of Kenai, Alaska, and more particularly
described as follows, to-wit:
Ail of Lot , Block , according to
the ~f]icial Tidelands Subdivision Plat of the City of
Kenai, Alaska.
Together with all and singular the tenements, hereditaments
and appurtenances thereunto belongin~ or in anywise appertaining.
To have and to hold the same unto the said Grantee(s),
his or their heirs and assigns, (or) to its successors and
assigns, forever.
d
IN WITNESS WIIERE¢)I:, th¢~' Gr.mt~r h,~s c;,u:~t:d this I)ec.d to
· be executed the day and year hr;rr:inabove first wri. tten.
CORPORATE SEAL CITY OF KENAI, ALASKA
ATTEST:
Its Clerk
Its Manager
PASSED BY THE COUNCIL OF THE CITY 33F KENAI, ALASKA this 5th
day of September, 1979.
ATTEST
Sue C. Peter, City Clerk
VINCENT O' REILLY, MAYOR. _ .
(
First Readings December 20, 1979
Second Reading: January 3, 1979
Third Reading~ January 17, 1979 TABLED
Fourth Readings February 7, 1979
Fifth Reading~ June 6, 1979
Sixth Reading~ August 15, 1979
Seventh Readings September 5, 1979
Effective Dates October 5, 1979