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Home My WebLink AboutResolution No. 2022-40KENAI CITY OF KENAI RESOLUTION NO. 2022-40 Sponsored by: Administration A RESOLUTION APPROVING THE DIVESTMENT OF THE CITY'S INTEREST IN THE DEEDED THIRTY-FOOT PUBLIC USE EASEMENT LYING ALONG THE NORTH BOUNDARY OF LOT 35, SECTION 6, TOWNSHIP FIVE NORTH, RANGE ELEVEN WEST, SEWARD MERIDIAN, ALASKA, AND DETERMINING THE EASEMENT IS NOT NEEDED FOR A PUBLIC PURPOSE. WHEREAS, on January 26, 2022, by Resolution No. PZ2022-02 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the preliminary plat of Kenaitze Government Lots Replat; and, WHEREAS, on February 28, 2022, the Kenai Peninsula Borough Planning Commission granted conditional approval of the subject preliminary plat for the Kenaitze Government Lots Replat; and, WHEREAS, on March 3, 2022, the surveyor for the Kenaitze Government Lots Replat requested a release of the 30' strip of land as stated on Deed recorded in book 47, page 150, Kenai Serial Number 67-1954; and, WHEREAS, at their regular meeting on May 25, 2022, the Planning and Zoning Commission reviewed this draft Resolution and recommended approval by the City Council; and, WHEREAS, there is no needed public use for the thirty-foot (30') public use easement; 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, as follows: Section 1. The 30' public use easement lying along the North boundary of Lot 35, Section 6, Township Five North, Range Eleven West, Seward Meridian, Alaska is not needed for a public purpose and the Council of the City of Kenai consents to the divestment of the City's interest in the deeded thirty-foot (30) public use easements. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1s' DAY OF JUNE, 2022. Brian Gabriel Sr., Mayor ATTEST: Resolution No. 2022-40 Page 2 of Michelle r MC, City Clerk New Text Undedined; [DELETED TEXT BRACKETED] I 16V KENAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: May 24, 2022 SUBJECT: Resolution 2022-40 — Approve recording a resolution document divesting the City's interest in the Deeded thirty foot (30') strip public use easement lying along the North boundary of Lot 35, Section 6, Township Five North, Range Eleven West, Seward Meridian On January 26, 2022, by Resolution No. P72022-02 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the preliminary plat of Kenaitze Government Lots Replat. On February 28, 2022, the Kenai Peninsula Borough Planning Commission granted conditional approval of the subject preliminary plat for the Kenaitze Government Lots Replat. Upon further review, it was determined that, while KPB Planning Commission Resolution 2013-08 approved the vacation of the 30' easement, that the 30' public use easement was still deeded to the City of Kenai. On March 3, 2022, the surveyor for the Kenaitze Government Lots Replat requested a release of the 30' strip of land as stated on Deed recorded in book 47, page 150, Kenai Serial Number 67- 1954. There is no needed public use for the thirty-foot (30') public use easement. In accordance with Alaska Statutes 29.40.140, no vacation of a City right-of-way and/or easement may be made without consent of the City Council. Kenai Municipal Code 22.05.110, Determination as to the need for public use the Kenai City Council may vacate rights-of-way or easements by resolution. At their regular meeting on May 25, 2022, the Planning and Zoning Commission reviewed the draft resolution and recommended approval by the City Council. Council approval of Resolution No. 2022-40 would approve the divestment of the City's interest in the of the subject 30' public use easement. Thank you for your consideration. Attachments City of Kenai Planning and Zoning Commission Resolution PZ2022-02 Preliminary Plat of Kenaitze Government Lots Replat LJ Aerial Map KPB Notice of Decision February 28, 2022 KPB Planning Commission Resolution 2013-08 Letter from surveyor on March 3, 2022 Deed recorded in book 47, page 150. Kenai Serial Number 67-1954 Page 2 of 2 The City of Kenai I www.6nai.city KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT KENAITZE GOVERNMENT LOTS REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Edge Survey and Design and, WHEREAS, the plat meets Municipal Code requirements of the General Commercial (GC); and, WHEREAS, street names are referenced correctly; and, WHEREAS, access is provided via S Spruce Street, which is a paved, City maintained road; and WHEREAS, City water and sewer lines are located along S Spruce Street; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Kenaitze Government Lots Replat be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 26th day of January, 2022. Resolution No. PZ2022-02 Page 2of2 ATTEST: City Clerk ilua JEFF TwAqi,CHAIRPERSON ;ONAj 640 ED r— L } a a Is . iii8sg� }apt ip► Y� 9 II�� allppS�p -fid"9 0 9 IS it F iy 3y py i� g1HpF�; gg#°�pg �ii tlRi tli3 a A S i`iRR� ,Ea„- 1 s3p §K 5 ------------- hA § 8 e sib i ftI$ .I a a — -- e ------------ --- - --- - - -- - - - - - - - - _T ' g�a -------------------------; $p� b p® KENAI A Kenaitze Government Lots Replat � w > LEGEND 0 Subject Parcel �.r �, • k 0 50 100 Feet • ; + �. Date: 112112022 V MAULi Data Source: Kenai Borough:'Data is for graphic represent ation ,only.�lmagery may, not m true parcel boundaries.,$ , C, Charlie Pierce March 9, 2022 Borough Mayor NOTICE OF DECISION KENAI PENINSULA BOROUGH PLAT COMMITTEE MEETING OF FEBRUARY 28, 2022 Re: Kenaitze Government Lots Replat Preliminary Plat KPB File Number. 2022-009 The Plat Committee reviewed and granted conditional approval of the subject preliminary plat during their regularly scheduled meeting of February 28, 2022 based on the findings that the preliminary plat meets the requirements of the Kenai Peninsula Borough Code 20.25, 20.30, 20.40 and must comply with 20.60. AMENDMENT MOTION An amendment motion to grant exception to KPB 20.30.030 — proposed street layout requirements, reasonable means of ingress for surrounding acreage trats„ passed by unanimous vote based on the following findings of fact. r Findings 1. South half of Government Lot 34 and Government Lot 35 have same ownership. Lot 35 has dedicated i access along Spruce St. 3. Majority of South half of Government Lot 34 contains steep slopes and not useable for development. 6. Neither the north 150 feet of Govt. Lot 34 or the remainder of Govt. Lot 34 have legal access. 7. The certificate to plat did not indicate any easements being present that provide access to the remainder of Govt. Lot 34. 11. Diocese of Sitka and Alaska Orthodox Church in America, Inc. own the lot to the east. A party of record may request that a decision of the Plat Committee be reviewed by the Planning Commission by filing a written request within 15 days of notification of the decision in accordance with KPB 2.40.080. For additional information please contact the Planning Department, 907-714-2200 (1-800-478-4441 toll free within the Kenai Peninsula Borough). LJ (� A 2013-004092-0 v A Recording Dist: 302 - Kenai s 4/29/2013 3:42 PM Pages: 1 of 2 KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2013-M KENAI RECORDING DISTRICT Vacate a public use right of way and access easements within Government Lots 33, 34 and 35. Vacate the 30 -foot strip Wong the norfhady boundary of Government Lot 34 as described and recorded in Book 38 Pegs 12; and vacate the 30 -foot strip lying a" the north boundary of Lot 35 as described and recorded in Book 38 Page 47; and vacate the IrMoot access easement along the south boundary of Government Lot 33 as described and recorded In Book 47 Page 150 within the Kenai Recording District; all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPS File 2013-033; Location: City of Kenai WHEREAS, John J. Williams an behalf of the Archdiocese of Anchorage, and Sid Strauss for Strauss Capital Real Estate, LLC of Kenai, Alaska, have petitioned for vacation of the 30 -foot strip along the northerly boundary of Government Lot 34 as described and recorded in Book 38 Page 12; and vacate the 30 -foot strip lying along the north boundary of Lot 35 as described and recorded In Book 38 Page 47; and vacate the 15 - fool access easement along the south boundary of Government Lot 33 as described and recorded In Book 47 Page 150, all within the Kenai Recording District and WHEREAS, It hes been determined by the Planning Commission on March 25, 2013 thatall requirements have been met and WHEREAS, the easementwas granted by documentwithout the underlying transfer of ownership as in a platted dedication; and WHEREAS, ACS has an existing cable within the easement proposed to be vacated and has requested 9:10400t utility easement centered on Meir existing facilities; and WHEREAS, KPB 20.28 provides or the vacation of public right" -way and other public areas; and WHEREAS, the vacation does not require replatting of any vacated area, and may be accomplished by a resolution; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH: Section 1: That the 30 -foot strip slang the northerly boundary of Government Lot 34 as described and recorded in Boric 38 Page 12; and vacate the 30 -foot strip lying along the north boundary of Lot 35 as described and recorded In Book 38 Page 47; and vacate the 15 -foot access easement along the south boundary of Government Lot 33 as described and recorded in Book 47 Page 150 within time Kenai Recoding District; Section 2: That a 10 -loot utility easement was granted centered on the existing ACS cable as shown on the attachment provided by ACS, and recorded as Document 112013 - O O 3 S 11— n Section 3. That a sketch depicting the vacated easement submitted with the application shall be recorded with this resolution becoming page 2. Section 4. That this resolution is void If not recorded in the appropriate Recoding Districtwithin 90 days of adoption. Section 5. That this resolution becomes effective upon being properly recorded. ADOPTED, �B'Y) JT�H�E PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH ON THIS -Q5 DAY OF r rel , 2011 ViNpBryson, 'hairperson Planning Commission A ST: Path Harley Administrative Assistant Please return to Kenai Peninsula Borough Planning Departrnent 144 N. Binktey Street Sokfotna, Alaska 99659-7520 Kenai Penlnsula Borough Planing Commission Resologon 2013.08 Page 1 of 2 am M.6J8mK _— ti d ' ' %L 8 ' � 8 PR s ri z � s s mhJ V i �i i i i S Wary n M +nsw -sans ap Nnv Lplt lawAde Him -- Kergr Peninsula BoroOph Plannfn0 Commbabn Reaoh+lion 2013-08��ypppPapprye 2 of 2 IIIIIIIIIIIIIIIIIII 2 of 2 2013-W4O92-0 Dear City of Kenai, I am requesting a quick claim deed releasing the 30' strip of land as stated on quick claim deed from 1967. Deed recorded in book 47, page 150. Kenai Serial Number 67-1954. Strip of land is located on Government Lot 33, Section 6, TSN R11W. The parcel is part of the current platting action in progress to combine several Government Lots owned by Kenaitze Indian Tribe. Thanks, Jason Young Edge Survey iason edeesurvey.net 907-283-9047 ansa nvr4u wnxI awe rale sf am Day er ,nLa.■t +, AYOA., by end between L" gown.Moore Pans_ 1L■�k• , led hereinafter calthe Grantor , and the City of KMAIV a municipal corpora. tion under the lora of the State orAlaeka, hereinafter tereed the City, WrMBSSATHt That for and in consideration of the sun of One Dollar ($1.00) and other ® good and valuable consideration, the receipt whereof is hereby Acknowledged, the Grantor does hereby grant, bargain, sell, convey end warrant to the City, its successor'smW assigns forever, a right of way and easement, with the right, privilege and authority .to'the City, its successors and assigns, for use as a public right of way, including the right to construct, operate ® and maintain public improvements of all kinds within aaid right of way described as follows: t 30 fte strip a1mg the Northerly boundsrr of the North j of lot 94, losated to the North last of desticn 60 township 9 North, RoW U West of BAdated March 220 190a Bald lob being located withid the 1000111087 of the MY of Lost, /larks. f. RECG,.�RiD�ED - FILED �REC out. DALE f% ,qyM., by A". +fi Together with the rights, easements, privileges and appurtensaees in or to said lands which may be required for the full enjoyment of the rights herein granted. IN Mlit U MMMAOP, have hereunto set hand and seal the day and year first above wr tten. i /i STATE OP AIASRA ) ) sat THIRD JUDICIAL DISTRICT ) Before at# the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, this day personally appeared to we known and known to be the person described In and who executed the above instrument, and acknowledge to me that signed end sealed the same freely and voiustat ty for the uses and purposes t�eis mentioned. Witness mr hand ear material seal this L dry of , 196 Notary Fablig in WA Kor thetete o lacks • r RECG,.�RiD�ED - FILED �REC out. DALE f% ,qyM., by A". +fi Together with the rights, easements, privileges and appurtensaees in or to said lands which may be required for the full enjoyment of the rights herein granted. IN Mlit U MMMAOP, have hereunto set hand and seal the day and year first above wr tten. i /i STATE OP AIASRA ) ) sat THIRD JUDICIAL DISTRICT ) Before at# the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, this day personally appeared to we known and known to be the person described In and who executed the above instrument, and acknowledge to me that signed end sealed the same freely and voiustat ty for the uses and purposes t�eis mentioned. Witness mr hand ear material seal this L dry of , 196 Notary Fablig in WA Kor thetete o lacks I J L.I PUBLIC USE BA.SE)MV MUS A'GNU U=Tj fade this t 7th day of Au us1 19470, by and between CO ORATION OF L'A1A8LT AP�i�OF ANCH� hereinafter Called the Grantor , and the City of UmtAI, a sun eival eospor tion under the Iwo of the State�Alaskao hereinafter termed the city, wr11WWTHt 1 That for and in consideration of the sue of Ons Dollar ($1.00) snd'otbez good and valuable consideration, the receipt whereof is hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey ead warrant -to the City, its successors and assigns forever, s right of way and *"Menlo with the right, privilege sad autbozity to'tbe City, its swCeassets and' usipa, for use as a public right of way, including the right to constraet, operate and maintain publie imprevements of all kinds within said right of way described as followst 'A thirty foot (301) strip lying along the North boundary of Lot 35, Section 6. Township Five Horth. Range Eleven West, Seward Meridian. Said lot being located within the boundary of the City of Kenai, Alaska. Together with the rights, aaseeents, privileges and appurteaasces in or to said lands which say be required for the mull enjoyment of the rights'Detain graated. IN WrVO i.S WERHOP, I bave berwato set NO, hand..and asap ^ the day and year first above written. NI7NM 8 STAIR OF ALASKA ) est THIRD JUDICIAL DISTRICT ) I t i CORPORATTCY OF CATHOLIC ARCHBISHOP OF AHCHORAG ALASK, Before me, the undersigned, a'Notary Public in and for the State of Alaska, duly commissioned and sworn as such, this day personally appeared TO me mown am anVwn Lo VU [Ile VCxW1'. ucecaaa.c.a a.. above instrument, and he acknowledged to me that he signed and sealed the rine freely and voluntarily for the uses and purposes therein mentioned. witness my hand and notarial seal this 12th day of Aug4st , 19470. A A 2022 - 006495 - 0 K Recording District-302 Kenai CC A 08/03/2022 10:00 AM Page 1 of 2 Kenai Recording District Sponsored by: Administration Return to: Kenai City Clerk's Office 210 Fidalgo Avenue Kenai, AK 99611 CITY OF KENAI RESOLUTION NO.2022-40 A RESOLUTION APPROVING THE DIVESTMENT OF THE CITY'S INTEREST IN THE DEEDED THIRTY-FOOT PUBLIC USE EASEMENT LYING ALONG THE NORTH BOUNDARY OF LOT 35, SECTION 6, TOWNSHIP FIVE NORTH, RANGE ELEVEN WEST, SEWARD MERIDIAN, ALASKA, AND DETERMINING THE EASEMENT IS NOT NEEDED FOR A PUBLIC PURPOSE. WHEREAS, on January 26, 2022, by Resolution No. PZ2022-02 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the preliminary plat of Kenaitze Government Lots Replat; and, WHEREAS, on February 28, 2022, the Kenai Peninsula Borough Planning Commission granted conditional approval of the subject preliminary plat for the Kenaitze Government Lots Replat; and, WHEREAS, on March 3, 2022, the surveyor for the Kenaitze Government Lots Replat requested a release of the 30' strip of land as stated on Deed recorded in book 47, page 150, Kenai Serial Number 67-1954; and, WHEREAS, at their regular meeting on May 25, 2022, the Planning and Zoning Commission reviewed this draft Resolution and recommended approval by the City Council; and, WHEREAS, there is no needed public use for the thirty-foot (30) public use easement; 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, as follows: Section 1. The 30' public use easement lying along the North boundary of Lot 35, Section 6, Township Five North, Range Eleven West, Seward Meridian, Alaska is not needed for a public purpose and the Council of the City of Kenai consents to the divestment of the City's interest in the deeded thirty-foot (30') public use easements. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2022-40 Page 2 of 2 Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF JUNE, 2022. Brian Gabriel Sir, Mayor ATf EST: is ell ner, MC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] I'IIIIIIIIIIII IIIIIII IIIIIII IIIII II III III`[ I4III III II II IIIIIII III'[ Page 2 of 2 302 — 2022 — 006495— 0