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HomeMy WebLinkAboutResolution No. 2023-55KENAI CITY OF KENAI RESOLUTION NO. 2023-55 Sponsored by: Administration A RESOLUTION DENYING THE REQUESTED EXCEPTIONS TO KENAI MUNICIPAL CODE SECTION 14.10.070, SUBDIVISION DESIGN STANDARDS AND GRANTING EXCEPTIONS TO KENAI MUNICIPAL CODE SECTION 14.10.080, MINIMUM IMPROVEMENTS REQUIRED FOR STRAWBERRY HILL ESTATES 2023 ADDITION PRELIMINARY PLAT. WHEREAS, Kenai Municipal Code Section (KMC) 14.10.090 Variations and exceptions allows for the City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and Zoning Commission so that the subdivider may develop the property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is surrounded by such development or unusual conditions that strict application of the improvement requirements would result in real difficulties, substantial hardship, or injustice; and, WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Strawberry Hill Estates 2023 Addition on August 23, 2023, including requested variances and exceptions; and, WHEREAS, the Planning and Zoning Commission passed Resolution No. PZ2023-15 on August 23, 2023, recommending that the City Council deny the requested exceptions to KMC Subsections 14.10.070(a) and 14.10.080(d)(1) from exceeding the maximum block length of 1,400 linear feet and waive the right-of-way dedication of Devray Street; however, Planning and Zoning Commission recommends that the City Council approve exceptions to KMC Subsections 14.10.080(c), (e), and (f) from the requirements of road improvement construction of Devray Street and connecting to City water and sewer systems; and, WHEREAS, the Planning and Zoning Commission Resolution PZ2023-15 provided substantial findings to deny the requested exceptions and support the exceptions presented by staff; and, WHEREAS, denying an exception to the requirements of KMC Subsections 14.10.070(a) and 14.10.080(d)(1) does not result in real difficulties, substantial hardship, or injustice for the subdivider from developing the property in a reasonable manner; and, WHEREAS, granting an exception to the requirements of KMC Subsections 14.10.080(c), (e), and (f) will allow the subdivider to provide water supply and on -site wastewater systems for the development without connecting to City water and sewer systems since there's no connections within reasonable proximity; furthermore, the subdivider would not have to construct or improve the dedicated right-of-way, Devray Street since Wortham Avenue will provide adequate right-of-way access for the proposed subdivision and will be developed to City's standards for construction; and, WHEREAS, the Planning and Zoning Commission conditioned its recommendation for exceptions to include a note on the recorded plat that when an improvement district is formed, the real property involved will be part of the improvement district without further action by the then owner of the property in question. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That pursuant to KMC 14.10.090, exceptions to KMC Subsections 14.10.070(a) and 14.10.080(d)(1) from exceeding the maximum block length of 1,400 linear feet and waive the right -of - New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2023-55 Page 2 of 2 way dedication of Devray Street are denied, however the City grants exceptions to the requirement for City water and sanitary sewer lines to each lot in the subdivision and the construction or improvement of Devray Street based on the findings stated above. Section 2. That Council's action to provide exceptions for the above requests shall be revoked if the subdivision or individual phases of the subdivision are not completed within the allowable Kenai Peninsula Borough preliminary plat time extension process. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF SEPTEMBER, 2023 ATTEST: Brian Gabriel Sr., Mayor C, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: August 29, 2023 SUBJECT: Resolution 2023-55 — Denying the Requested Exceptions to KMC Section 14.10.070 Subdivision Design Standards and Granting Exceptions to the KMC Section 14.10.080 Minimum Improvements Required for Strawberry Hill Estates 2023 Addition Preliminary Plat The City received a preliminary plat known as Strawberry Hill Estates 2023 Addition from McLane Consulting, Inc., on behalf of the property owners, David Bunts and Tracey Bunts for a 13-lot subdivision with two (2) requested exceptions to KMC Subsections 14.10.070(a) relationship to Adjoining Street System and 14.10.070(d)(1) Blocks [Length]. On August 23, 2023, the Planning and Zoning Commission passed Resolution PZ2023-15 recommending the approval of the Preliminary Plat for Strawberry Hill Estates 2023 Addition subject to the following conditions: 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the right-of-way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS". 4. Recommend Kenai City Council to approve the exception from the road improvement construction of Devray Street and requiring the subdivider include a covenant on the recorded plat that if an improvement district is formed, the real property involved will be a part of the improvement district without further action by the then owner of the property in question. KMC Section 14.10.090 Variations and exceptions allows for the City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and Zoning Commission so that the subdivider may develop the property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is surrounded by such development or unusual conditions that strict application of the improvement requirements would result in real difficulties, substantial hardship, or injustice; and, This resolution will deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights -of -way dedication of Devray Street and grant the exceptions from connecting to City water and sewer system, and road improvement construction of Devray Street. Thank you for your consideration. Attachments Resolution PZ2023-15 Staff Report Page 2 of 2 CIO The City of Kenai I wwwkenaixity K E N Al CITY OF KENAI 'PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-15 . A RESOLUTION RECOMMENDING THAT STRAWBERRY HILL ESTATES 2023 ADDITION PRELIMINARY PLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESS: 801 Devray Street LEGAL DESCRIPTION: That certain parcel of land located in the South '/2 of the Southeast '/ lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, Excepting Therefrom: Plat Nos. 73-6, 83-284, 75- 24, 78-87, 72-63, 89-9, 84-111, and Corrected Warranty Deed (Book 79 at Page 314) in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Further excepting therefrom, any portion within the rights -of - way of any and all public or private roads and highways. KPB PARCEL NUMBER: 04951027 WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. on behalf of the property owners, David Bunts and Tracey Bunts for the subdivision of the subject parcel into 13 lots with two (2) requested exceptions to the adjoining street systems and block length standards; and, WHEREAS, the plat generally meets Kenai Municipal Code (KMC) preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district; and WHEREAS, the street names are referenced correctly; and, WHEREAS, the subdivided lots will have access via Wortham Avenue and Devray Street, which are not City -maintained roads; and WHEREAS, City water and sewer systems are not available to the proposed subdivision; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed subdivision would provide satisfactory and desirable building site, and on -site water system and wastewater treatment/disposal system will be subject to the regulatory requirements of ADEC. Resolution No. PZ2023-15 Page 2of2 2. Pursuant to KMC 14.10.070 Subdivision design standards, the plat does not meet the dedicated right-of-way for the continuation of the existing streets in adjoining areas and maximum block length of 1,400 linear feet. The request for the exception could potentially remove traffic congestion in exchange for convenient and additional access to surrounding subdivisions. The requested exception does not demonstrate a substantial hardship or injustice. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet City standards for minimum lot sizes in the subject zoning district. 4. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel meet City standards for minimum lot width and utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Strawberry Hill Estates 2023 Addition for the subdivision of the parcel located at 801 Devray Street (KPB Parcel No. 04951027) into 13 lots be approved, subject to the follow conditions: 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights -of -way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS". 4. Recommend Kenai City Council -to approve the exception from the road improvement construction of Devray Street and requiring the subdivider include a covenant on the recorded plat that if an improvement district is formed, the real property involved will be a part of the improvement district without further action by the then owner of the property in question. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 23RD DAY OF AUGUST, 2023. A T #, Chairperson ATTEST: Meghan Thibodeau, Deputy City Clerk � HUR YH M 3 NsP,"lible,.3o o xgo o a' 32 �o 6� 3 €s3ig2o< F RHY s W 5a�<g Wn€gam 'z�do�b - S piY3 ago � s sxolu3s r.— _ _ SL Oifl M. U&I.00N —.'� --.--. 3� `a I - ---'' \`\ `1 '1 I .hspx \ 1 —"fin ; M1�• \ � `�-� i ._.•_ '�4�,,'� � it I 1 _� III',\� _ j. \ ' a - A r\ I it I 3 M/U.09 15 11VLA3t]`_,' I Isp I I cl ni / •'t "� I ��° / / ♦. / `, \ aka I C "e STAFF REPORT �. PLANNING &ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: August 18, 2023 SUBJECT: Resolution No. PZ2023-15 — Preliminary Plat — Strawberry Hill Estates 2023 Addition Request The applicant is proposing a preliminary plat to subdivide one (1) parcel into 13 lots with two (2) requested exceptions to the adjoining street system and block length standards. Staff Adopt Resolution No. PZ2023-15 recommending approval of Recommendation Preliminary Plat — Strawberry Hill Estates 2023 Addition for the subdivision of a parcel described by metes and bounds into 13 lots, deny the requested exceptions, and approve the exceptions to connecting to City water and sewer systems. Applicant: McLane Consulting, Inc. Attn: James Hall P.O. Box 468 Soldotna, AK 99669 Property Owners: David Bunts and Tracey Bunts Legal Description: That certain parcel of land located in the South '/ of the Southeast Y4 lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, Excepting Therefrom: Plat Nos. 73- 6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111, and Corrected Warranty Deed (Book 79 at Page 314) in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Further excepting therefrom, any portion within the rights -of -way of any and all public or private roads and highways. Property Address: KPB Parcel No.: Lot Size Range: No. of Lots: 801 Devray Street 04951027 1.022 — 1.255 acres 13 Zoning District: Rural Residential (RR) Current Use: Vacant Proposed Use: Residential Surrounding Uses: North — Vacant Lots; South — Single -Family Residences; West — Vacant Lots; East — Vacant Lot and Single -Family Residences BACKGROUND The proposed preliminary plat would subdivide one (1) parcel located at 801 Devray Street (KPB Parcel No. 04951027) into 13 lots. The lot size ranges between 1.022 and 1.255 acres. The applicant has requested for two (2) exceptions to the Kenai Municipal Code (KMC) Subsections 14.10.070(a) relationship to Adjoining Street System and 14.10.070(d)(1) Blocks [Length]. KMC Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. Furthermore, KMC Section 14.10.090 Variations and exceptions states that City Council may vary or modify such requirements in KMC Chapter 14.10 Subdivision Regulations so that the subdivider may develop their property in a reasonable manner, but at the same time, the public welfare and interests of the City and surrounding areas are protected and the general intent and spirit of these regulations preserved. MAI_YbI.t� The proposed subdivision meets the development requirements (i.e., lot size and lot width) for the Rural Residential (RR) zoning district. The proposed preliminary plat generally meets the subdivision design standards with the exceptions to the requested waivers. The proposed access is through the 60-foot right-of-way dedication to connect and continue Wortham Avenue from the west and intersect Strawberry Road to the south. Wortham Avenue is not a city -maintained road. The applicant is requesting to waive the 60-foot right-of-way dedication of Devray Street, which is not a City -maintained road. City water and sewer services are not available to the proposed lots. The proposed subdivision will be subject to the requirements of the Alaska Department of Environmental Conservation (ADEC) for water supply and on -site wastewater systems. The Public Works Director reviewed the proposed preliminary plat and had no comments. An installation agreement is not required. Lot Size The subdivision is located in the Rural Residential zoning district, which requires a minimum of lot size of 20,000 square feet. Each lot is in excess of one (1) acre; therefore, all 13 lots meet the minimum lot size for the subject zoning district. Lot Width The minimum lot width for the subject zoning district is 90 feet, which all 13 lots exceeds the minimum lot width. Adioininq Street System and Block Length Resolution No. PZ2023-15 Preliminary Plat Strawberry Hill Estates 2023 Addition Page 2 of 4 KMC Subsection 14.10.070(a) states the arrangement of streets in the new subdivision shall make provisions for the continuation of the principal existing streets in adjoining areas. In the aforementioned subsection, it also states the street arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. The subject parcel abuts Devray Street (to the north and south), Wortham Avenue, and Strawberry Road. The applicant states that the extension of Wortham Avenue through the subdivision gives adequate access to all properties created and adjoining removing pressure to access adjoining lots from Kenai Spur Highway as the reason for the request to waive the 60-foot rights -of -way dedication for the continuation of Devray Street. In addition, the applicant states that not connecting Devray Street removes congestion potential of traffic backup on Strawberry Road onto Kenai Spur Highway. The waiver of the right-of-way dedication of Devray Street would require the waiver of exceeding the maximum block length of 1,400 linear feet by approximately ±300 linear feet. KMC Subsection 14.10.080(d)(1) states that no block shall be longer than 1,400 feet and where blocks are longer than 1,000 feet, a crosswalk at least 10 feet in width may be required near the center of the block. When requesting for variations and exceptions to the KMC Chapter 14.10 Subdivision Regulations, the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in the regulations would result in real difficulties, substantial hardship or injustice. Staff finds that the requirement of the 60-foot right-of-way dedication of Devray Street would not impose a substantial hardship or injustice. The right-of-way dedication would allow more convenient access from Kenai Spur Highway to the subject subdivision as well as several subdivisions to the north such as Three W's Subdivision Addition No. 1, Hornaday Property Survey, Strawberry Fields Forever Addition No. 2, and Strawberry Fields Forever Addition No. 3. With the requested exception, it would leave the existing dedicated Devray Street to have dead ends that do not meet the current standards, which shall terminate into an open space (preferable circular) having a minimum radius of 50 feet. Public Water and Sewer KMC Subsections 14.10.080(e) and (f), states that in subdivisions of 10 or more lots, an approved public water supply and sewer lines shall be provided/installed to serve each lot. This is not feasible as there are no City water and sewer connections in the surrounding area. Therefore, these standards require exceptions to the provisions. It would meet the intent for exceptions as it would cause a substantial hardship or burden on the development of this subdivision. Summary Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) sections. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed subdivision would provide satisfactory and desirable building site, and on -site water system and wastewater treatment/disposal system will be subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet City standards for minimum lot sizes in the subject zoning district. Resolution No. PZ2023-15 Preliminary Plat Strawberry Hill Estates 2023 Addition Page 3 of 4 3. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel meet City standards for minimum lot width and utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. Staff does not find that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) section. Pursuant to KMC 14.10.070 Subdivision design standards, the plat does not meet the dedicated right-of-way for the continuation of the existing streets in adjoining areas and maximum block length of 1,400 linear feet. The request for the exception could potentially remove traffic congestion in exchange for convenient and additional access to surrounding subdivisions. The requested exception does not demonstrate a substantial hardship or injustice. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Strawberry Hill Estates 2023 Addition generally meets the general standards of Kenai Municipal Code, Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table, and hereby recommends that the Planning and Zoning Commission recommends approval of Resolution No. PZ2023-15 to Kenai Peninsula Borough, subject to the following conditions. 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights -of -way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS". ATTAG. ....L--KITO 'Aerial Map Application with Certificate of Plat Preliminary Plat, Strawberry Hill Estates 2023 Addition Resolution No. PZ2023-16 Preliminary Plat Strawberry Hill Estates 2023 Addition Page 4 of 4 CRY of Ks P9ssr►ft and ZanwQ Department `� Preliminary Plat 210 FkJ&W Kverwe $1 Submittal Form Kenai, ptanning0kensi.rAy wnww.kenaidZW canning •- Name: McLane Consulting Mailing Address: FO BOX 468 City. I Soidotna State: JAK Zip Code: 199669 Phone Number(s): 907-283-4218 Email: JHALL@MCLANECG.COM PROPERTY Name: David & Tracey Bunts Mailing Address: PO BOX 226 City: I Sterling State: IAK JZlp Code: 99672 Phone Number(s): -Email: O PERTY INFORMATION Kenai Peninsula Borough Parcel 104951027 Current City Zoning: Rural Residential Use: © Residential ❑ Recreational ❑ Commercial ❑ Other. Water. I] On Site ❑ City ❑ Communiity Sewer. Ell On Site ❑ City ❑ Community INFORMATION Preliminary Plat Name: Strawberry Hill Estates 2023 Addition Revised Preliminary Plat Name: Vacation of Public Right -of -Way: ❑ Yes ® No Street Name (if vacating ROW): Exceptions Required and Requested: KPB 20.30.170 Block Length KPB 20.30.030(A) Street Layout Comments: Extension of Wortham Ave through the subdivision gives adequate access to all properties created and adjoining removing pressure to access adjoining lots from Kenai Spur Hwy. Not connecting Devray Street removes congestion potential of traffic backup on Strawberry Rd onto Kenai Spur Hwy. CeAiflcate to Plat e (1) 24" x 36" Plat It (2)11" x 17" Plats TURE Signature: Date: 1 $- -a02, 1 Print Name: Title/Business: 5 �Finm,: Alaska 99fA-9 0 (9073 71 t• ' (907) 714.2378 F8A ERELIMINARY PLAT SUBMITTAL FORM S PREUMINARY PLAT a REVISED PRELIMINARY PLAT (notnrml"A 0 PHASED PRELIMINARY PLAT o PRELIMINARY PLAT FOR PRIVATE STREETS/GATEO SUBDIVISION —os reardrenents of dwptar2tl esdndns 20.3A210aed 2aWappy and must be meL SUBDIVISION PLAT NAME: must be a unique name, contactstaff for assistance lfneeded. Strawberry Hill Estates 2023 AddMan PROPERTY INFORMATION: Legal description SUBDIVISION OF (6112 SE7/4) EAST OF THE K-SPUR HWY, S6, T5N, R10W, SM, AK EXCEPTING PLAT No. 738, 83284, 75-24, 78-87, 72-63, 8". 84-111. WD 079, PG 314, KRO Section:6 - - TownSNshlp:Range:IOW General area description Strawberry Rd and Kenai Spur Hwy City (if applicable): Kenai I Total Acreage-16.466 SURVEYOR COrnpany: McLane Consullirg, Inc. Contact Person. -James HBO Mailing Address: PO BOX 468 City. State, Z(Soldotna. AK 99669 Phone:907-203-4218 e-matl:Jhallifilmclars3og crtm PROPOSED WASTEWATERAND WATER SUPPLY WASTEWATER: 11 on site 0 City o community WATER: ■ on site O City O community SUBMITTAL REQUIREMENTS .. nm. M. uYL �nnri+ uraC 4lctB1ij;i%4vn rnn 62 for the next .�,Y u' 2 plat COmnlltt[e 111-tun size paper copy 4 3 — reduced sized drawing (11 x 17) ■ Prellmtnaryplat NtN14 UMNOABLEsubmittalfee A City Planning Commission minutes when located within city Milts or Bridge creek watershed District R Certificate to plat for LL parcels Included in the wbd'wision ■ Documentation showingproofof siviatoryauthority (partnershIM,corporations. estates, trusts, am) N ffiLrequIrements of KPB I0.IS.070 (seepage 2 for chec"stl and KPB 20-25.080 EXCEPTIONS REQUESTED TO PLATTING CODE: Complete the EXCEP710N REQUESTAPPUCATIDN and attach to the pre urinary piatsubmittal APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentationis required to show authority of the Individual(s) signing. Contact KPB staff for clarification if needed. OWNER(sl Name (printed): r--y re: a -- Phone: o_A yen __ n. 1 e-mail: J_ .. L7 , _►_ ►. . _ .._L. I _ ) Na7q�fidrt�d /! Signa Phone: 9'�% ' c� %�- y%3v a '� R Name fpdnted): Signature: Phone: e-mail: Name (printed): Signature: Phone: 7A a -mail: FOR OFF7CE USE ONLY RECEIVED BY DATE SUBMITTED KPB FILE ll Stewart 2itfe of the Kenai (Peninsula, Inc. 36681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 Amendment No.1: Change effective date CERTIFICATE TO PLAT McLane Consulting, Inc. File Number: 21301 PO Box 468 Premium: $250.00 Soldotna, AK 99669 Tax: Attention: James Hall Gentlemen: This is a certificate as of July 06, 2023 at 8:00 A.M. for a plat out of the following property: That certain parcel of land located in the South one-half of the Southeast one -quarter (S1/2SE1/4) lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, in the records of the Kenai Recording District, Third Judicial District, State of Alaska. EXCEPTING THEREFROM: Hornaday Property Survey, according to Plat No. 73-6, Kenai Recording District, Third Judicial District, State of Alaska; Strawberry Hill Estates, according to Plat No. 83-284, Kenai Recording District, Third Judicial District, State of Alaska; Tracts E and C Davidson Homestead, according to Plat No. 75-24, Kenai Recording District, Third Judicial District, State of Alaska; Tracts B-1 and F Davidson Homestead, according to Plat No. 78-87, Kenai Recording District, Third Judicial District, State of Alaska; Tract A Davidson Homestead, according to Plat No. 72-63, Kenai Recording District, Third Judicial District, State of Alaska; Strawberry Hill Estates Johnisee Addition, according to Plat No. 89-9, Kenai Recording District, Thins Judicial District, State of Alaska; Myers/Strawberry Road Right of Way Map, according to Plat No. 84-111, Kenai Recording District, Third Judicial District, State of Alaska; That portion conveyed by Corrected Warranty Deed recorded August 23, 1974 in Book 79 at Page 314; FURTHER EXCEPTING THEREFROM, any portion lying within the rights -of -way of any and all public or private roads and highways. The Company certifies that record title is vested in David Bunts and Tracey Bunts an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof. 2. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to the State of Alaska Recorded: September 27, 1982 Volume/Page: 194/781 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. Certificate to Plat K131 File No.: 21301 3. TAXES AND ASSESSMENTS, if any due the taxing authority indicated: Taxing Authority: City of Kenai 4. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 5. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: June 5,1968 Volume/Page: Misc. 31/124 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed Stewart Title of the Kenai Peninsula, Inc. By Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification from surveyor. Certificate to Plat KB1 File No.: 21301 3`�� w � 51E 3 �8s '4f Gwe �W �33 �WW ® aka as f a H aH Z � AA r€ `n z - — — — — — — 1 ` I I !. i a a ., I I _ — — - — — — — oQ l------' y I I � `♦ Om /s- I J — yQ r` I I— — z 1 e$a,6 ,\ M.eaerwox `I r I 8 M/11,09 15 ' dV4,313 �_�/ I /I I G^ Hy '