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Resolution No. 2023-68
7/ KENAI CITY OF KENAI RESOLUTION NO. 2023-68 Sponsored by: Administration A RESOLUTION DECLARING A PORTION OF OUTSIDE WAY AS DEDICATED, ON TOWNSITE OF KENAI (US SURVEY 2970) IS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO VACATION OF THE RIGHT-OF-WAY. WHEREAS, the City received a preliminary plat from Edge Survey and Design, LLC on behalf of the property owner, Peninsula Oilers Baseball Club, Inc., for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of Outside Way between Cook Avenue and Riverview Drive, a utility easement vacation along Outside Way, and a 60-foot ROW dedication; and, WHEREAS, on November 29, 2023, the Planning and Zoning Commission passed Resolution PZ2023- 21 recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for Kenai Townsite Oiler's 2024 Addition with vacation of a portion of Outside Way; and, WHEREAS, the total area of the ROW vacation is approximately 0.085-acre; and, WHEREAS, Kenai Municipal Code Section 22.05.110, Determination as to need for public purpose, provides the City Council will determine whether a right -of way is needed for a public purpose by resolution; and, WHEREAS, the Peninsula Oilers Baseball Club, Inc. has stated the request for the ROW vacation is to allow them to have one contiguous property and an additional access easement, which will become a dedicated ROW on the subject preliminary plat; and, WHEREAS, the ROW vacation of a portion of Outside Way will not negatively affect public access; and, WHEREAS, it is determined that Outside Way between Cook Avenue and Riverview Drive is no longer needed for a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Outside Way between Cook Avenue and Riverview Drive as dedicated on Townsite of Kenai (US Survey 2970) is no longer needed for a public purpose and consenting to vacation of the right-of-way as shown in the preliminary plat for Kenai Townsite Oiler's 2024 Addition. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF DECEMBER, 2023. Arian Gabriel Sr., Mayor ST: Michelle Sa r, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] KENAI .enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.lcenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Resolution No. 2023-68 — Declaring a Portion of Outside Way as Dedicated on Townsite of Kenai (US Survey 2970) is No Longer Needed for a Public Purpose and Consenting to Vacation of the Right -of -Way The City received a preliminary plat from Edge Survey and Design, LLC on behalf of the property owner, Peninsula Oilers Baseball Club, Inc. for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 513, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of Outside Way between Cook Avenue and Riverview Drive, a utility easement vacation along Outside Way, and a 60-foot ROW dedication. On November 29, 2023, the Planning and Zoning Commission passed Resolution PZ2023-21 recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for Kenai Townsite Oiler's 2024 Addition with vacation of a portion of Outside Way subject to the following condition: 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. Peninsula Oilers Baseball Club, Inc. requested this ROW vacation in 1994 but never completed the final plat process. They are requesting the same ROW vacation for the same reason, that it would allow them to have one (1) contiguous property and there is an additional access easement, which will become a dedicated ROW on the subject preliminary plat. The vacation of Outside Way between Cook Avenue and Riverview Drive would not adversely impact public access since the 60-foot ROW dedication is approximately 120 feet from the portion of Outside Way that would be vacated. In accordance with Alaska Statutes § 29.40.140(b), no vacation of a City right-of-way and/or easement may be made without consent of the City Council. Furthermore, Kenai Municipal Code Section 22.05.110 states City Council will determine the reason of the land to include but not limited to right -of way or easement is no longer needed for a public purpose by resolution. This resolution will consent to the right-of-way vacation of Outside Way between Cook Avenue and Riverview Drive. Thank you for your consideration. Attachments Revised Preliminary Plat — Kenai Townsite Oiler's 2024 Addition P&Z Resolution PZ2023-21 Staff Report PZ2023-21 Page 2 of 2 The City of Kenai I www.kenai.city e mr. % ' m PRELIMINARY PLAT REVISED MIMI l zo17' --------- va _ wxre a a uea � am ,e "1, a aesa wm aKe xwae ------� � ---------sire:-ter---- �o>�rw.�-- -----_ 1 ;---------------------- , 15 Ilss sGe) m 1 W i 1 IDr N 10Am 1. -73 r®o . rnsm meoi-.,r se �,�, �• • �e em ® ea.rv.�rwr K�m+xv awrra ax. ar+x..a.mr, mW Aeen aorw Mwrio e>.nwn rJentlG[ p ACOWC)aD �JOC' M f/ alY a ImIY ��L aum`p o�'ia�iuc�iw w x�w.tt mao�n� �iemw rmcm, r �s�m�a rt-ueM1 MlG as woa caii vwR a�iw u+µii'ncnaK Mwm em as pqY x MAK p wr ware em, A mw. wawa rn� � �tt, u)n-ae S .M r+,n [.wonO pexx+o>'e Mover wlY un� e�rw+ra ws�ueawruixw i+rw.—r cim'n'"") nw.L a$ mm.o nn.cerx vie.-r-wuxr..0 r aer,vnru nmo,wrm mamma "'+ wmr r-+wa `mwxoW m® i=sum " s �w'f 'mix n .o"'�i.wwe ouear xa.o wn�ws as cwm xwn m na. ee.e,w. v p�arsem"�m�o m rrcx�oe'.i � ne r.c wrw aaacvt w aremr ro e¢/ouan o MG neoiera a+f ar.a+o.avmr nar.,a ax.amr�em� ow �rx r ax.-n. a. rma. emv oro o.wx..v �aw.+amr.: w.nrw-a.smwx ewa +noenu aunwn M uae O � - fe1rIN11[ A fIe1+0'tN W � RWYpo�m I �xl'mlwe +a�Mq�1 x' ffp➢ KEW TOWNSITE OILER'S 2024 ADDITION .rn swr-0r-.rr wovnw ww ,mare o+cv aoarcx nv u-„ rcrmwe a asw: w .w+m n» feWLe ele/I SIY W .4LlpY d �IL,M sal. n.rau aers wm.r. au we ,o .mr an maµ �aaa nor NVPIwV 1.110 ACO z KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-21 A RESOLUTION RECOMMENDING THAT KENAI TOWNSITE OILER'S 2024 ADDITION PRELIMINARY PLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 817 Cook Avenue, 601 Main Street, and 814 Riverview Drive LEGAL DESCRIPTIONS: Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition KPB PARCEL NUMBERS: 04710204, -11, and -12 WHEREAS, the City of Kenai received a preliminary plat from Edge Survey and Design, LLC on behalf of the property owner, Peninsula Oilers Baseball Club, Inc. for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 513, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of Outside Way between Cook Avenue and Riverview Drive, a utility easement vacation along Outside Way, and a 60-foot ROW dedication; and, WHEREAS, -the preliminary plat, subject to the listed conditions, generally meets Kenai Municipal Code (KMC) preliminary plat requirements and development requirements for the Central Commercial (CC) zoning district; and WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the applicant has proposed the 60-foot ROW dedication to bear the street name, Oilers Avenue, however, the street suffix needs to change from "Avenue" to "Street" for consistency with KMC 14.15.010 Uniform numbering system; and, WHEREAS, KMC 14.15.140 authorizes the Kenai City Council to name and rename streets within the City limits upon recommendation from the Planning and Zoning Commission and after consultation with the Kenai Peninsula Borough or any other affected municipality; and, WHEREAS, the Kenai Peninsula Borough has no objection to naming the street to Oilers Street; and, WHEREAS, the merged parcel will have access from Main Street, Riverview Drive, Cook Avenue, and the proposed 60-foot ROW to be named Oilers Street, which are all City -maintained roads; and WHEREAS, City water and sewer lines are available to the parcel; and, WHEREAS, an installation agreement is not required; and, Resolution No. PZ2023-21 Page 2of3 WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to the listed conditions, conforms to the minimum street widths, provides utilities/access easements, provides satisfactory and desirable building sites, and the on -site water and sewer systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.10.070(b)(2), the Commission may lessen the minimum width for minor streets to 50 feet. The required minimum width for minor streets is 60 feet but the street widths in the surrounding area are typically 30 feet. The existing public street easement is 40 feet and a 50-foot right-of-way dedication is substantial for the area and greater than the existing public street easement. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the subject zoning district. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 5. The merged parcels will result in the existing structure to decrease in nonconformity with the current setback requirements and double frontage lots. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Kenai Townsite Oiler's 2024 Addition for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 513, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of a portion of Outside Way, a utility easement vacation along Outside Way, and a 50-foot ROW dedication be approved subject to the following conditions. 1. The proposed 60-foot ROW dedication may be reduced to 50 feet, subject to the applicant providing acceptable evidence that a '50-foot ROW covers the existing road. 2. Correct the note reference from Note 8 to Note 6 for the indicated 5' Public Street Easement (Vote 8. 3. Revise the street suffix of the proposed street name, Oilers "Avenue" to "Street'. 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. Section 2. That the official street name for the 50-foot dedicated right-of-way be assigned to Oilers Street, subject to Kenai City Council adopting a resolution for the naming of a street within City limits. Resolution No. PZ2023-21 Page 3 of 3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF NOVEMBER, 2023. / � L it, Chairperson ATTEST. Meghan Thibo eau, Deputy City Clerk laf to twa to w mta-t+r to u e ad[ 15 I•t T-1]e tm • want +a usY � �� ,l PRELIMINARY PLAT •w e+ aS tema, _----'--- - V6 ------__ _ Cp(pC A.� —.—•—. IORa tar a + _ �.� �4J.r� It 2W --_- m•wv,..srmr..-sar.utmats o.r.,r tts _ , _i"'= as a.te liYa uawrt 4• .�.�- tar to _�! Ewa o earw o an,mese �.aws. r ae utw. t.a aq tttatxu `ID�W-Or 1tWR 4i0 i P IOtq •O�M.e�4 ®® � 4wc +,gym a M�[- ele Y�Ot A®W 1e .a. i+AY[.. •�® � _—---- ---- �• 6 �a-a f. ,Mile >� �.®o.-R�a�w�[n �.� ueTn.� 0 lar a rocs +e tttatowmao•ra oo.rcwc a o.�ea� .•O �tml _ rower a,ew ems e t , 1Dr ]CI M fpm.Aa 1 1 t t ± wr sA tare+ ts�n.ttt u t emt to t etau a' tw u-.n tut mte-n ta. s umo • tr aw•s-iasrs® m • w-s u sA w®i+ "� ••••• v Isra urns . ___�_- Y.a Alai tl• Aa I eaCR • � r� ,.� rose r .--.............. e.w.. tle ® wM.iQa..aln mesoui er.omaaa •to emtotaue er atr a tmta _ LO.A-. sm,,.. ena n•_aar..r.c. s. me,:c"0,'s 6wa"-"ui��-,:-"-.aa en st aww ss tue a rr taa...i w tvntotm en+ a:vsoar iaAw �ss,ae om u„- seaw tv r w-n. ttaw ®r awn M rat Ai wOIR 11a •t>MA OF ®w sc ew aa�ssswria•,s t.,a r.a•,.-.`a. ta•tt•ew. awn •a �a iws�amaw�a�ewme.o�n •n o.w.a a..Aw�..e.w, m N O r panto•c a stwe+a y�nr,tm.ue oar �,..�t KENAI TOWNS17E OILER'S 2024 ADD177ON ,men twx aas � na u-,r -e tar. ,taue tr mwt a arwt[r ea• ,am,a .ta., a w asa a .roc -trw :x ttar:,.+ at£"tmrtwe. as ae ,taer waaat'-wen cvw•r l.ua Aao i %' STAFF REPORT PLANNING &ZONING DEPARTMENT K F4, TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: November 28, 2023 SUBJECT: Resolution No. PZ2023-21 — Preliminary Plat — Kenai Townsite Oiler's 2024 Addition Request The applicant is proposing a preliminary plat to merge three (3) parcels, vacate a right-of-way (ROW), vacate a utility easement, and dedicate a ROW. Staff Adopt Resolution No. PZ2023-21 recommending approval of Recommendation Preliminary Plat — Kenai Townsite Oiler's 2024 Addition for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a ROW vacation of Outside Way between Cook Avenue and Riverview Drive, a 10-foot utility easement vacation along Outside Way, and a 60-foot ROW dedication. Applicant: Edge Survey and Design, LLC Attn: Jason Young PO Box 208 Kasilof, AK 99610 Property Owner: Peninsula Oilers Baseball Club, Inc. Legal Descriptions: Lot 4, Block 18 Original Townsite of Kenai Lots 5A and 5B. Kenai Townsite Oilers Addition Property Addresses: 817 Cook Avenue, 601 Main Street, and 814 Riverview Drive KPB Parcel Nos.: 04710204, -11, and -12 Combined Area: 1.157 acres ROW Vacated Area: 0.085 acre Zoning District: Central Commercial (CC) Surrounding Uses: North — Kenai Art Center, Kenai Historic Cabin Park, and Old Town Kenai Park; South — Vacant Lot, Cabins, and Single -Family Residence; West — Apartments; East — Vacant Lot and Single -Family Residence ,qu NET, TIRVA The City received a preliminary plat from Edge Survey and Design, LLC on behalf of the property owner, Peninsula Oilers Baseball Club, Inc. ("Oilers") for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a right-of- way (ROW) vacation of Outside Way between Cook Avenue and Riverview Drive, a utility easement vacation along Outside Way, and a 60-foot ROW dedication. In 1994, a preliminary plat to vacate Outside Way between Cook Avenue and Riverview Drive was approved by Kenai Planning and Zoning Commission, Kenai City Council, and Kenai Peninsula Borough Planning Commission (see attached Minutes and Related Documents). Unfortunately, a final plat was not recorded. Therefore, the applicant has submitted a preliminary plat for the same ROW vacation of Outside Way with the addition of a 60-foot ROW dedication as required by KMC 14.10.070(b)(2). The representatives of Oilers indicated the same reasons as requested in 1994 for the ROW vacation of Outside Way since an additional access (i.e., Public Street Easement) was developed and maintained by the City and the elimination of Outside Way would allow the Oilers to have one (1) contiguous property. The total area of the ROW vacation is approximately 0.085 acre. The combined parcel area with the vacated ROW and dedicated ROW will be approximately 1.157 acres. Kenai Municipal Code (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 22.05.110 states City Council will determined the reason of the land to include but not limited to rights -of way or easement is no longer needed for a public purpose by resolution. ANALYSIS The proposed parcel merger with the ROW vacation and ROW dedication meets the preliminary plat requirements and development requirements for the Central Commercial (CC) zoning district. In reviewing the surrounding plats, there appears to be a recorded 40-foot Public Street Easement under Book 28, Page 49 in Kenai Recording District (see attached Plat Nos. KN 94-91 and KN 95-34), where the proposed 60-foot ROW dedication would overlap it. The City currently maintains the 40-foot public street easement. Unfortunately, the subject easement is not referenced on the Certificate of Plat, however, staff requested a copy from the Archival Unit at the State's Recorder's Office but they are still searching for the document. The proposed ROW dedication would formalize the public street easement into a ROW with an official street name. The merged parcel will have access from Main Street, Riverview Drive, Cook Avenue, and the proposed ROW dedication. An installation agreement is not required since all the roads are City -maintained and City water and sewer lines are available to the proposed parcel. The Public Works Director reviewed the proposed preliminary plat and had no comments. The applicant has proposed the 60-foot ROW dedication to bear the street name, Oilers Avenue, however, the street suffix needs to change from "Avenue" to "Street" for consistency with KMC 14.15.010 Uniform numbering system. KMC 14.15.140 authorizes the Kenai City Council to name and rename streets within the City limits upon recommendation from the Planning and Zoning Commission and after consultation with the Kenai Peninsula Borough or any other affected municipality. The Kenai Peninsula Borough has no objection to naming the street to Oilers Street. Resolution No. PZ2023-21 Preliminary Plat Kenai Townsite Oilers 2024 Addition Page 2 of 4 Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code. 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to the listed conditions, conforms to the minimum street widths, provides utilities/access easements, provides satisfactory and desirable building sites, and the on -site water and sewer systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.10.070(b)(2), the Commission may lessen the minimum width for minor streets to 50 feet. The required minimum width for minor streets is 60 feet but the street widths in the surrounding area are typically 30 feet. The existing public street easement is 40 feet and a 50-foot right-of-way dedication is substantial for the area and greater than the existing public street easement. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the subject zoning district. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 5. The merged parcels will result in the existing structure to decrease in nonconformity with the current setback requirements and double frontage lots. STAFF RECOMIV Staff finds that the proposed preliminary plat for Kenai Townsite Oiler's 2024 Addition to merge Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition, vacate Outside Way between Cook Avenue and Riverview Drive, vacate a utility easement along the west side of Outside Way, and dedicate a 50-foot right-of-way (ROW) 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. PZ2023-21 to Kenai Peninsula Borough, subject to the following conditions. 1. Reduce the proposed 60-foot ROW dedication to 50 feet. 2. Correct the note reference from Note 8 to Note 6 for the indicated 5' Public Street Easement Note 8. 3. Revise the street suffix of the proposed street name, Oilers "Avenue" to "Street". 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. 5. Kenai City Council adopt a resolution for the naming of the 50-foot dedicated ROW to Oilers Street. Resolution No. PZ2023-21 Preliminary Plat Kenai Townsite Oiler's 2024 Addition Page 3 of 4 ATTACHMENTS Aerial Map Preliminary Plat, Kenai Townsite Oiler's 2024 Addition Application with Certificate of Plat Original Townsite of Kenai (Plat No. KT) Kenai Townsite Oilers Addition (Plat No. KN 93-11) Original Townsite of Kenai Laddville Replat (Plat No. KN 94-91) Original Townsite of Kenai Laddville Replat No. 2 (Plat No. KN 95-34) KPB Planning Commission Minutes and Related Documents — January 10, 1994 Planning and Zoning Commission Minutes —January 12, 1994 City Council Minutes - January 19, 1994 Resolution No. PZ2023-21 Preliminary Plat Kenai Townsite Oiler's 2024 Addition Page 4 of 4 KENAI Resolution PZ2023-21 Preliminary Plat Kenai Townsite Oiler's Addition 817 Cook Avenue, 601 Main Street, and 814 Riverview Drive B01 mu 14 RIVERVIEW DR,; 817 COOK AVE D R1 Subject Parcels D Parcels i N Map for Reference Only NOT A LEGAL DOCUMENT 0 50 100 200 Feet RECEIVED CITY OF KEWN OCT 1 2023 Planning �� �,►w uo�np ate. F~A ZD�. 3ubtnitiai Form-� OLrx RM11 wn2"-ezoa ty -dt fS ",e 4 c- -,) s fAahQA dress: P4Boi208 IC1hr astiof Siab: K 14pCAxkL 1SWID Phoxm NtsrrWst fW 2 -9W Emak Cason(Medgestuvey.net Pe tiilWa 09ers Baseball Chats Inc. - Mike Tice NftbM Ate: PO Box 318 IM enaf Staff lC Imp Code- 19mil Rme Nwnbe4sj: NOW Tt a 907 145 EmmlI rI i <<+IQfr!}q.C�Z V-emi Awi� Bwouqhiiam i 7102 1 r 04710212, ID44710204 Curvni Uhr g: Centml ComereW Use: Reidei Reuel ■ Caffurverdw Ohm Water 0" Sife ■ City 7 CMMMp l sewer: on site a � _ J Carru1?? * F� Plat s}e:Kenai + mnshe Qilem 2023 Rep€al deed E rdff*maty Wkc6 m of Ad* Rigtd -WW ■ Yes No &Teet Nam (if vacafin RDWY Chub Way and Public Su l Earsemeni N Com ents: ■ C j i*Dpiai � (1)2,Cx3S"PW _ ■ (2) 11*xIrRats Sara►ure. Date: °Q-a-Mrj Fwt Nam_ E11 chael Tice r� ant Stewart Tithe of the Yenai feninsuf4 Inc. 35681 Kenai Spur Hwy., Unit B Sotdotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT Edge Survey and Design, LLC. PO Box 208 Kasilof, AK 99610 Attention: Jason Young Gentlemen: This is a certificate as of August 25, 2023 at 8:00 A.M. for a plat out of the following property: File Number: 23336 Premium: $350.00 Tax: Lots Five "A" (5A) and Five "B" (58), Block Eighteen (18), KENAI TOWNSITE OILERS ADDITION, according to Plat No. 93-11, Kenai Recording District, Third Judicial District, State of Alaska. and Lot Four (4), Block Eighteen (18), ORIGINAL TOIIVNSITE OF KENAI, U.S. Survey No. 2970 A & S. Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in The Peninsula Oilers Baseball Club, Inc., an Alaska corporation an estate in fee simple, free from all hens, 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. TAXES AND ASSESSMENTS, if any due the taxing authority indicated: Taxing Authority: City of Kenai 3, TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: December 31, 1963 Volume/Page: Misc. 111179 Granted To: Kenai rower Corporation Affects: General. Easement, no definite location disclosed (Lot 4) 5. PUBLIC STREET EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: Recorded: August 30, 1967 Volume/Page: Misc. 28181 Affects: Portion of Lot 5 6. PUBLIC STREET EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: Recorded: August 30, 1967 VolumetPage: Misc. 28182 Affects: Portion of Lot 4 Certificate to Plat KB1 File No.: 23335 7. AN OIL AND GAS LEASE affecting the above interest under the terns, covenants and conditions therein provided: Lessor: Edward R. and Esther A. McElligott Lessee: Union Oil Company of California Recorded: October 5, 1978 Volume/Page: 1331380 (Portion of Lot 5) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 8. AN OIL AND GAS LEASE affecting the above interest under the terms, covenants and conditions therein provided: Lessor: Edward R. and EstherA. McElligott Lessee: Union Oil Company of California Recorded: October 10, 1978 VolumelPage: 133/681 (Affects Lot 4) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 9. AN OIL AND GAS LEASE affecting the above interest under the terms, covenants and conditions therein provided: Lessor: Clarence B. Ladd Lessee: Union Oil Company of California Recorded: November 3, 1978 Volume/Page: 135/33 (Portion of Lot 5) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 10. RESERVATION of od, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: June 18, 1974 Volume/Page: 2381771 (Affects Lot 4 and a Portion of Lot 5) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 11. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat USS 2970. 12. EFFECT of the notes on said Plat USS 2970. 13. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. 93-11. 14. EFFECT of the notes on said Plat No. 93-11. 15. DEED OF TRUST, including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the terms thereof: Amount: $205,000.00 Dated: December 27, 2013 Recorded: Deoember 30, 2013 Serial No.: 2013-012068-0 Trustor. Peninsula Oilers Baseball Club, Inc., an Alaska non-profit corporation Trustee: FirstAmericen Title Insurance Company Beneficiary: First National Bank Alaska (Affects Lois 5A, 5B and Lot 4) Certificate to Plat KBt File No.: 23336 16. DEED OF TRUST, including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the terms thereof: Amount: $50,000.00 Dated: May 16, 2018 Recorded: May 21, 2018 Serial No.: 2018-004305-0 Trustor. Peninsula Oilers Baseball Club, Inc., an Alaska corporation Trustee: FirstAmerican Title Insurance Company Beneficiary. First National Bank Alaska Affects Lot 5A) SbawaK Title of the Kenai Peninsula, Inc. By OSAt�JV if �Of�ifQCOWU'lSYR 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.: 23336 PENINSULA OILERS BASEBALL CLUB, INC. BYLAWS ARTICLE I —OFFICE The principal office of business of Peninsula Oilers Baseball Club, Inc., shall be at the discretion of the Board of Directors. ARTICLE II —MEMBERS Section 1. Annual Meeting: The annual meeting of the Board of Directors shall be held on the first full week in October, each year, for the purpose of electing Directors and transacting such other business as may come before the meeting. if the election of Directors shall not be held on the day designated herein, or at any annual meeting of the Board of Directors or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting as soon thereafter as may be convenient. Section 2. Special Meeting: Unless otherwise prescribed by State Statute, special meetings of the Board of Directors, for any purpose, may be called by the President, the Board of Directors, or by the President at the request of three (3) members of the Board of Directors entitled to vote. Section 3. Place of Meeting: The place of the annual meeting and any other meetings held will be designated by the Board of Directors or the President Section 4. Notice of Meeting: Written, or printed notice stating the place, day and time of the meeting, and in case of a special meeting, the purpose for which the meeting Is called, shall be delivered no less than ten (10) days and no more than thirty (30) days before the date of the meeting either personally, electronically, or by mail. This will be at the direction of the President or the Secretary, or person calling the meeting, to each member of record entitled to vote at such meeting. If mailed, such notice shall be deemed delivered when deposited in the United States mail and addressed to the member at his address as it appears on the books of the Board of Directors, with postage thereon paid. Section 5. Quorum: Shall constitute one third (113) of the number of voting Board of Directors then fixed by the By -Laws, excluding vacancies. Not less than thirty (30) minutes after the time fixed for the beginning of any meeting where a quorum is not present, the presiding officer will call for the roll and then adjourn the meeting Section fi. Voting: Each voting member of the Board of Directors shall have one vote, either in person, or electronically. A member may vote by proxy with the proxy being in writing addressing the issues to be voted on, and in the possession of the person voting the proxy. A voting member of the Board of Directors may only vote a proxy. To be considered a voting member, a Board of Director must be a member in good standing as defined in section 7 of this article. Peninsula Oilers Baseball Club, Inc. Bylavis Amended May 9, 2015 Page 1 of 7 Section 7. Member in good Standing: A member who has demonstrated participation in a minimum of half of the scheduled meetings in the previous year or half of the scheduled meetings since becoming a member. ARTICLE III — BOARD OF DIRECTORS Section 1. Management/ Powers: a. The Board of Directors shall manage the affairs of the Peninsula Oilers Baseball Club, Inc. b. The Board shall specifically have, but not limited to, the power to: 1. Establish and amend, by the majority vote of the Directors, all Articles of Incorporation and By-laws of the Association. 2. Procure and maintain (stocks, bonds, notes, certificates of deposits or other securities), if desired, in the name of the Peninsula Oilers Baseball Club, Inc. 3. Procure and maintain liability, hazard, workmen's compensation, accident or any other insurance as needed or required. 4. Authorize disbursements of funds and conduct fundralsers. 5. Ratify or disavow any action of the Executive Committee, Section 2. Number: The number of members of the Board of Directors shall be foxed from time to time by the By -Laws, but at no time shall the board be less than twenty-five (25) members. Members will be elected to fill a one, twa or three year term, by a majority of the Board of Directors. Section 3. Regular Meeting: Regular meetings of the Board of Directors may be held on a weekly, monthly or other basis without any notice other than as provided for In this section. The Board of directors has the power to provide day, time and place for these regularly scheduled meetings and any meeting of the Board of Directors. Section 4. Special Meetings: Special Meetings of the Board of Directors may be called by or at the request of the President, or by the President at the request of three (3) members of the Board of Directors entitled to vote. Section 5. Notice: Notice of any special meeting shaft be given, in person, or electronically, at least twenty-four (24) hours prior to the meeting. Any director may waive notice of any meeting. The attendance of any Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not legally called or convened. Section 6. Manner of Acting: The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. Section 7. Vacancies: Any vacancy occurring on the board of Directors may be filled by the affFrmative vote of the majority of the remaining Directors, though less Peninsula Oilers Baseball Club, Inc. Bylaws Amended May 9, 201 S Page 2 of 7 than a quorum. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any Director position to be filled by reason of an increase in the number of Directors shall be filled by election at an annual meeting or a special meeting called for that purpose. Section B. Payment of Expense: Expenses incurred while on official Board business may be paid upon approval of the Board of Directors who will determine what Is "official board business". Section 9. Compensation: No earnings of the Peninsula Oilers Baseball Club, Inc., shall inure to the benefit of, or be distributed to Directors or Difioers of the Corporation except as provided for in this Article and Section as follows: a. Appropriate compensation is authorized when a member of the Board of Directors is holding one of the paid staff position. b. All Board members shall receive 2 box seat tickets to each home game; 10 % discount off merchandise purchased at the Team Store at the Oilers Office and other special compensation from time to time as the Board of Directors deems proper. Section 10. Restrictions: Income of the Peninsula Oilers Baseball Club, INC., shall be distributed in such a manner as not to be subject to tax under Section 4942 of the IRS code. The Board will not retain business holdings or make any investments as to subject Peninsula Oilers Baseball Club, INC„ to any tax under the IRS code. Section 11. Presumption of Assent: Any Director who is present at a meeting of the Board of Directors at which action of any corporate matter is taken shall be presumed to have assented to the action taken, however his/her dissent may be entered in the minutes of the meeting on request or he/she may file his written dissent to such action with the Secretary of the meeting before the adjournment thereof. Section 12. Indemnification of Directors: Each Director and Officer, whether or not then In office, shall be Indemnified by the Corporation against all costs and expenses reasonably incurred or imposed upon said Director after adoption of these By -Laws in connection with any action, suit or proceedings to which he/she maybe made a party by mason of his/her being or having been a Director or Officer of Peninsula Oilers Baseball Club, INC., except in relation to matters as to which a recovery shall be against him/her by reason of his/her finally having been adjusted in such action, suit or proceedings to have been derelict in the performance of his/her duties as such Director or Officer. The foregoing right to indemnify shall include reimbursement of the amounts and expenses paid in settling any such action suit or proceeding when settlement seems to be in the best interest of Peninsula Oilers Baseball Club, INC. Section 13. Honorary Board of Directors: There may be an Honorary Board of Directors composed of those persons selected for such honor by a majority vote of the Board of Directors and as such: a. will be ex ofticio members of the Board of Directors, with no voting, Peninsula Oilers Baseball Club, I=. Bylaws Amended May 9, 2015 Page 3 of 7 or decision making powers; and, b. will be provided passes for admission to home baseball games, and receive the same discounts as the Board of Directors. Section 14. Removals: board Members may be removed from the Board of Directors by a two thirds (213rds) vote of the Board of Directors for any action deemed not appropriate for a Board of Director member, providing that notice of this intent to call for such a vote, naming the Director, is given in writing, to all Board members at least thirty (30) days prior to a vote by the board. Section IS. Term of Office: A term of office shall normally be for three (3) year; as designated from time to time except for the Initial board whose terms will be equally divided among one (1). two (2), and three (3) year terms. a. Terms of office after the expiration, resignation or removal of a board member shall beon at the close of the meeting at which a vacancy shall be filled and shall run through the term designated for that particular director. The objective being, insofar as practical, to have no more than one-third (1I3) of the Directors replaced at any time. ARTICLE IV — OFFICERS Section 1. Number. The officers of the Peninsula Oilers Baseball Club, Inc., shall be President, one or more Brice -Presidents, a Secretary, and a Treasurer, each of whom shall be elected by a majority of the Board of Directors and subject to the control of the Board of Directors. Such other Officers as may be deemed to be necessary may be elected by the Board of Directors. Section 2. Election and Term of Office: The Officers of the Peninsula Oilers Baseball Club, Inc., shall be elected annually, by a majority vote of the Board of Directors at the annual meeting. Each officer shall hold office until his successor shall have been duly elected or until his death, or until hefshe shall resign or shall have been removed in the manner hereinafter provided. Section 3. Removal: The Board of Directors may remove Any Officer elected by the Board of Directors by a two thirds (213rds) vote, whenever in its judgment the best interests of the Peninsula Oilers Baseball Club, Inc., would be served thereby. Section 4. Vacancies: A vacancy in any office for any reason may be filled by the Board of Directors, providing those rules for Election of Officers in Section 2., of this Article are followed. Section 3. Duties of the President: a. Act as the presiding officer and be the principal Officer of the Peninsula Oilers Baseball Club, Inc; b. Preside over all meetings of the Board of Directors and the Executive Committee and serve as a member of the Executive Committee; c. Be an eligible signer on any official bank accounts; d. Create and appoint committees as the need arises; e. Delegate responsibility to members of the Board as deemed necessary; f. Serve on all committees; Peninsula Oilers Baseball Club, Inc. Bylaws Amended May 9, 2015 rap 4 of 7 g. Act as the employer for all persons hired by the board; h. May sign any promissory notes, contracts, mortgages, and deeds, not expressly delegated to another Officer or Director, and, i. Perform all duties incidental to the office of President and such other duties as may be, from time to time, prfesabed by the Board of Directors. Section 6. Duties of the First Vice -President: a. Perform the duties of the President in hiss/her absence; b. Be the chairperson of committees upon the appointment by the President; c. May sign any promissory notes, contracts, and mortgages with the President and other Officers on behalf of Peninsula Cilets Baseball Club; d. Serve as a member of the Executive Committee; and, e. The PrWdeM or the Board of Directors may assign any other duties as necessary. Section 7. Duties of Other NAce-Presidents: a. Perform the duties of the President or First lace -President in their absence; b. Be the chairman at special committees upon the appointment of the President; a. May sign any promissory notes, contracts. mortgages and deeds with other Offers on behalf of Peninsula Oilers Baseball Club, Inc.; b. Serve as a member of the Executive Committee; and; c. Any other duties as from time to time may be assigned to him/her by the President or Board of Directors. Section 8. Duties of the Secretary. a. Record the proceedings of all meetings of the Board of Directors and Executive Committees; b. Take care of all correspondence as directed by the President or Board of Directors; a. Certify election results, amendments to these By -Laws and the Articles of Incorporation and keep a roll of Directors attendance at meetings; b. May sign any promissory notes, contracts, mortgages, or deed with other Officers on behalf of Peninsula Oilers Baseball Club, inc.; and, c. Serve as a member of the Executive C oFnn*We. Section 9. Duties of the Treasurer. a. Present a monthly financial report, provided n.gular monthly meetings are held, and review expenditures and payment of bllls if reed by the President; b. Present a complete, detailed annual financial report at the annual meeting; c. Serve as committee chairperson of the finance and tt dget committees; d. Responsible for overseeing the filing of any Federal or State Information and reports pertaining to the finances of the Board of Directors, not assigned to another Officer, agent, or employee; e. Sign any promissory note, contracts, and mortgages on behalf of Peninsula Oars Baseball Club, Inc.; and, Pe mina ORs Bawball Clnb, Inc. Bylaws Amended. May 9, 2d 15 Page 5 of 7 f. Be a member of the Exe Committee. Section 10. Compensation: Except as specified in Article 9, Section 9, no Officer shall receive compensation for any services performed for the Board. Officers may receive bona fide expenses as voted and approved on an individual basis by the Board of Directors. ARTICLE V — Emccutfve Comr fftes Section 1. Make up/powers: Officers of the Board of Directors will serve as the Executive Committee. The Executive Committm, in an emergency, has the powers of the Board between meetings and other specific duties as delegated by the Board of Directors. Any action taken by the Executive Committee shall either be ratified by a majority vote or rejected by a twa- thWs (213rds) vote of the Board of Directors Drew at the next scheduled meeting. ARTICLE VI — [Standing Rufesj DoWed: Board of Director's Meeting — 7111109 ARTICLE Vii — Dissolution Section 1. Peninsula O'dsrs Baseball Club, Inc., may be dissolved upon the affirmative vote of two-thirds (2/3rds) of the members of the Board of Directors then in office, taken at a Board meeting called for that purpose or upon written consent of all the members entitled to vote at that time. Upon dissolution or other termination of the Peninsula Oilers Baseball Gub, Inc., no part of the property, nor the proceeds thereof shell be distributed to or inure to the benefit of any Board member. aCorai Seymour Memorial Park, intact, shall revert back to the City of Kenai, as per terms of an agreement All other property and obligations, be distributed to any fund or foundation as directed by the Board of directors as provided for and described in Section 5010 (3) of the Internal Revenue code. ARTICLE Vill —Contracts, Loans, Checks Section 1. Contracts: The Board of DiFWtM may authorize any Offcer or agent to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation. Section 2. Loans: No loans shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in its name unless authorized by the Board of Directors. Section 3. Checks, drafts: All checks, dnefts, or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of Peninsula Oilers Baseball Club, Inc., shall be signed by such Officers as the Board of Directors may dint. PeninBuln Offers Basaball Club, Inc. Bylaws Amended May 9, 201 S Pop 6 of 7 Section 4. Deposits: All funds of the Peninsula Oilers Baseball Club, Inc., not otherwise designated for maintenance and operation shall be deposited to the crt in such banks, to st companies, or other depositories as the board of Directors may select. ARTICLE IX - seal Section 1 The seal of Peninsula Oilers Baseball Club, INC., shall be a cirde formed by the words Peninsula Oilers Baseball Club, INC. ARTICLE X — Fiscal Year Section 1. The fiscal year of the corporation shall begin on the first day of October and end on the thirtieth day of September In each year. ARTICLE XI —Waiver of Notice Section 1. Whenever any notice is required to'be given to any Director under the provisions of the By -caws or the Article of Incorporation, a waiver thereof in writing signed by the person entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. These By -Laws signed this day of rn4 2016 by the following Offtrers and Tors of the Peninsula Oilers Basebar Club, Inc.: Mich 4-eTT1ce,. Preside Sharon Hale, Secretary Peninsula Iaers Baseball Club, Inc. Bylaws Amended May 4, 2015 Page 7 of 7 ��xtsr, 111 Moe President Charlie Pierce, Treasurer THE PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A. LOCH ON AND RSOUEST: VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY KNOWN AS OUTSIDE WAY. VACATE THAT PORTION OF OUTSIDE WAY WHICH LIES BETWEEN COOK AVENUE AND RIVERVIEw AVENUE WITHIN THE CITY OF KENAI. ALSO BRING WITHIN SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA. B. PURPOSS AS STATED IN PETITION: OUTSIDE WAY WAS PLATTED TO PROVIDE ACCESS BETWEEN COOK STREET & RIVERVIEW DRIVE. SINCE PLATTING, ANOTHER ACCESS HAS BEEN DEVELOPED AND IS CURRENTLY MAINTAINED BY THE CITY OF KENAI. THERE APPEARS TO BE NO REASON FOR DEVELOPMENT OF OUTSIDE WAY. VACATION OF RIGHT-OF-WAY WOULD PROVIDE OWNER WITH ONE CONTIGUOUS PIECE OF PROPERTY. C. PETITIONER SI: PENINSULA OILERS BASEBALL CLUB, INC. BY STEVE HORN, EXECUTIVE DIRECTOR OF KENAI, ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY, JANUARY 10, 1993. COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILD- ING, SOLDOTHA, ALASKA. ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY] OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF RICHARD TROEGER, OR ROBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT - 144 N. BINKLEY STREET - SOLDOTNA, ALAsKh 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN WEDNESDAY, JANUARY 5, 1994. FOR ADDITIONAL INFORMATION CONTACT ROBBIE HARRIS OR RICHARD TROEGER, RESOURCE PLANNING DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN KENAI PENINSULA BOROUGH) . ROBBIE HARRIS PLATTING OFFICER PUBLISH 2X (DEC 30, 1993 & JAN 5, 1994.) r-� f I f� MAIN STREET N O'33'OOn E 59.60 LTJ L� co _ W -P C a T*1 S 6.05'04"_ E C) CD CD r— Q FORM LOT LW co 00 �oc�fed T! Pit ",� CA � - _ �FORM Lot UNE ; ry o © ca N � 182.80 40 , R/ Rl �p� `_`J -- Public Str J' 1 VIE . - eet EDRIVE ose meet 8k 28 pa4e $9 IV1p•09�11»�-- i z f w r January 13, 1994 KENAI PENINSULA BOROUGH 144 NORTH BEWLEY SOLDOTNA, ALASKA 99669-7599 (947) 262-4441 NOTICE OF PLANNING COMMISSION ACTION MEETING OF JANUARY 10, 1994 RE: Kenai Townsite Oilers 2nd Addn. Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached unapproved minutes. _ If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes were sent January 14, 1994 to: City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Survey Finn: Swan Surveying, P.O. Box 987, Soldotna, Alaska 99669 Subdivider/Petitioner.. Peninsula Oilers Baseball Club, P.O. Box 318, Kenai, Alaska 99611. KPB He Number: 94-001 CITY OF KENAI it &I CC11121 C4 41a 210 FIDALGO AYE., SUITS 200 KENAI, ALASKA 99611 T794 TELEPHONE 907-263-7M FAX 907-283-3014 ba3d `Ill�l M2 January 20, 1994 Mr. Richard P. Traeger Planning Director Kenai Peninsula Borough 144 North Hinkley Street Soldotna, AK 99669 RE: Petition to Vacate a portion of a public right -of -tray known as outside way. Vacate that portion of Outside way lying between Cook Avenue and Riverview Avenue, Kenai, Alaska; also being within section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. KPB File 94-001. At their regularly scheduled meeting of January 19, 1994, the Kenai City Council approved the above -referenced vacation of right-of-way known as Outside Way. Thank you for your assistance in this matter. CITY OF KENAI Carol L. Freas City Clerk clf cc: Jack La Shot, City Engineer Robbie Harris, Platting Officer, KPB Steven Horn, Executive Director, Peninsula Oilers KENAI PENINSULA E30ROUGH 144 N. BINKLEY - SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 January 31, 1994 Kenai City Council 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Dear City Council Members: DON GILMAN MAYOR RE: Petition to Vacate Petition to vacate a portion of a public right-of-way known as Outside Way. Vacate that portion of Outside Way lying between Cook Avenue and Riverview Avenue, Kenai, Alaska within Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska; KPB File 94-001 Thank you for your letters advising that the Kenai Planning Commission and the Kenai City Council approved the above referenced vacation. This vacation was approved by the Borough Planning Commission at their January 24, 1994 meeting. The motion to approve the vacation passed by unanimous consent. Attached are draft minutes and other related materials for your information. Sincerely, t �-Q Richard P_ Troeger Planning Director RPT: mes Attachments cc: Steve Horn FEB 2 M4 '!i R i v r R A I TOWNSITE OF KENAI, ALASKA U. S SURVEY - U 5 SURVEY NV, ::'7G. CERTIFICATE of OWNERSHIP and DEDICATION I hereby certify that I am the owner of the red property shown and dear Ww hereon and that I hereby adopt this plan of subdivision and by my free consent dedicate all rights -of -way to public use and grant all �eJasements to the use shown. aareaae B. Ladd Notar s Acknowledgements.;.- - LEGEND J I Sub al bed and swam before me one� this �1'-' y of sJ 1S62 1993 , for S uuulys S - Set 5/8' rebar with plastic cap at each comer. TN� _ T5N a CIM Tit Vf t► 3ib°' of — � NOTARY PUBlJb FOR GkLIXI+ Fit'Brass Cop �- MY COMMISSION EXPIRES�Ii s in Mon. Box r 9 +, VICINITY MAP 1 COOK AVENUE p cc C BEA In RAU _INM A JI J O r 5 83-52-15 W 4]282 --- s 27.50 R/W r-� TO'FNSITE OF VON 3-rl Fa. era99 Can � E 177.69 Mon. eon s N 83'S2' 19' 3 0 a' r r2 � swYrrrCx '-Y --T 3 I o I 0 LOT b3 5740.605 Sq Ft. ` wi.e9 spprws bea9a, d w°+M9 poxr am LOT 5A 19789.975 Sq. Ft. S 88'53'15" E 173.11 RIVER,VIEW DRIVE 30' R/w CERTIFICATE of OWNERSHIP and DEDICATION We hereby certify that we are the owners of the real property shown and described hereon and that we hereby adopt this plan of subdivision and by our free consent dedicate all rights-al-woy to public use and grant all easements to the use shown. Pad C. Wilson - Pamela J. Wlson For FOX ENTERPRISES z O 19.50 R /w 'L-- rs Mnr 17 9S NOTES 1. No permonent structure shall be constructed m placed within on WASTEWATER DISPOSAL : easement which would interfere with the ability of o unity to The Alaska Department of Environmental use the easement. Conservation has reviewed plans for this subdi5fsfon's wastewater disposal, and 2. Front 10 feel of buldfng setback approves this subdivision tar platting. adjacent to rights-of-woy is also a utility eosement and the entire setback to within. 5 feet of side lot lines far oachars. 3. Existing is n unles o1 Signature Title Dale 9 � utility ea easement 20 foot u@ily easement unless covered by note 2. SHEET 2 SIGNATURE SHEET of INTEREST ONLY rvf n SHEET 1 of 2 MICHAEL A. SWAN REGISTRATION NO. LS-6940 Notary's Acknowledgement PLAT APPROVAL _ - mN pa — ap9rawd by aw 1m1u Pori-. 9oRauw Sub abed and swam before mean this '', day MAR" c"ssaN at aw —h9 w1 u,aw,r 16199J of _�6— 1993. for e•.4 — ,,. _ Far FOX ENTERPRISES / vm.0 Pcv1aRN emuuox NOTARY PUBLIC FOR ae - I - MY COMMISSION EXPIRESa6(j,� ealmRe.a atKaw KENAI TOWNSITE OILERS ADDITION A resubdivision of Lot 5, Block 18, Townsite of Kenai amr. nor Wiirpdww 0— Poi C wan a Pwmb 1 0. awrww 9. Ladd W .am , Rd. NW,wo9q Rh 995m laoatad rAhh SRI/wen/1 0 awam 5. M. R11w, SA- Nv wa City a1 K" -1 Mc K" P—.h 11-0, Cmtonlq 25.529 q. h 7 r SWAN SURVEYING P.O. Box 987 SOIDOTNA, AK. 99669 PHONE 907-262-1014 owrz sux5ersv anus 1, �,9 K.P.B. FU Ktl. Ml 110. YDIN RENA1Mo I ai-INl .hE Na 9218 aslmn L_CEKD +j- 3" Bmes COppetl M— .'M+nA Iha • 5/e' am,• (:Pere mis s..r.ev) 1• `_/a' ReeOr I Retor t. (set :hb serveyi ( ( ) RCCP,P JOlun. - Oigirol 'ow -site o1 I T R 1i _cc041e Replot +. 1851 s �. Cooky 'h 17 I Lot 2 1 les -s 1 J 28 It, � -B�sis ,! BePr:ng (NBYJG IO'E AA2 `5') verezee 1n Mb61y Eme .eni -1 .-tilz.7T ,I 5'r10' Ubt Ecsemerl D �\ ( fr V 16-#e Ubhly ERsenerl �� ,ul PB wY - Lot 9B e!,.:.. �. Rer_ ja Sk%Z IRS+-s '�' ! cJ o `w 1•Pr[ sF Iw k....: p,,,,,•�:,,� D:sfr;ci �� •'.W It 19.5e j9.5e j� o i6 L 9 Lot 6B ml :� Lot 2B v C.767 SF , F a Riverview Drive n, r sB853'12"E ,nJr) - City of Ker D: Fubb, ri9hl-or-woy ry I Ns er 1, a-, 2B page 55 KRD. .�. Lot 8 dot 9A I CF,� b,nez SF, upi0ntl: 9,23) S F. eatol N� '; I� I7 hI� L") Se. 514'w �._• i lam' V•J Lll J:.�l; c�U 11U LS J u 91(; '1 Ise••AA -4 k:.. I) J<.el,Pme�l ,1 Inese Iota .e s - I t, the Cily ,f —. s I-iny I II .e9ulo: ,s. 2) N:. p - sl-11111e Ibl. be cone1le0 o DloceC within a ,Ale interfere k�lF ife PD I:IY of , l,lilitY Ic uzxetne ecsemsnl. ;) A olc- el eeclric a enl ecisls oc oss Lc: 8, BIac4 18 It! the D•yna' T['.ns le of Kenot A) '„As�wA'ER ^sFpiAL A'orte—e- RR, sy,tems the 1egvl0:o'y -e,!renenls of the —10 Depe'!menl , Sib e.l tP,,y -Ila T-e A cs D enl PIE onmenle' Corse:vcl on opproees :n s - :ynPl_le Ile cute S:iRVEYOR'S CERTIFICATE •ereey :erHly that; I am P'OPer;y reyizleree •,e Ii[e— I: pro[G[e to+v surve�ng i Ine SIPIe 01 Ai-,Ih s sketch represents v srvca m e b, tl m, Ene[I suDa+so,. t•e nonl:menn shcwn nereo -1 ellY ilt as Beell....1E n CT.m sons o c oln rnc c L :P t1 A ro sl s f Dfelmtl - the 1-1 It FOske D,te,H Jug+ r995 Lot 9 �; .. —vAN• s .r N ` PIPI � 4 T \� V gNITY Av.. I s MAP r CERTIF'CA'ELEof OWNERSH•P and DED CAT!ON 1 PEREBY CERT.F� Tr A-, I AM THE OMER OF 'HE REAL PROPEPTT SHOWN 'NO DESCRIBED I-EREON AND THA' I HEREBY ACOPT THIS PLAN OF SJBD V'SION ANC BY MY FREE CMSENT DEDICATE ALL RIGH-S-OF- WAY PUBLIC AREAS TD PUBL'C UK AND GRANT A.L EASEMENTS 10 TIC ISE SHOW^ I T-URTIEP CERTIF't THAI OEED(S! CF TRUST AFFECPNG THIS PROPERTY DO NO- CONTAIN RESTRICTIONS -CH WOULD PROHIEIT THIS REP -AT; OR REWIRE SIGSATURE AND APFRCVA_ OF BCNEFICIARY(IES). As, Owr. s 807 CM k BA�Paa M ROT Goo no, AlasxO99611 NOTARY'S ACKNO'vuLEDISEIVENT SUesCRIBEOD ,WORN BEFOORE DAT OF nktE-THIS IB95 FOR C.YYILwet OR.oI� I Mn'p� 1/ ;- er MY CCUN,S51.1 EKPIRES 33 77 ; •:p(1800OB / BY) .q PLAT APPROVAL (11.79) THS PLAT WAS APPROVED BV PIE KENAI DENINSULA BOROUGH PLANNING DDMN'$SION AT THE NEE TING OF M O� q 2 2[i 1995 KENA! PENINSULA BOROUGH AA 11 RZE6"Ti. I I" V C AL - \c\\11 RECORDED ap f. IA �[t(PLQ(JA- ACArs RED. D.ST. i CAE } F�L A�e^. rve Ls-51sz j- FEOLESTED E- yE,iyFy,`� NTSGR,7Y SURVEYS 605 SWRES MR 1 KENA', ALASKA 99E11 Original Townsite of Kenai. Laddville Replat No. 2 repot o' Lots 11, 21 o,e 6A o1 Inc Glynwl TDe,Rte of _ P: IcvO.iLe RePlol c Dtetl th., the SW'/4 Selt- 5. T5N, R'IW, SM.. Gty c•I n0'. Kenvi Rez -cing Diztric', Kenoi Penirs.lD 8-9h, A'-- NTEGRITY SURVEYS 60". SNARES DRIVE KENAI. NASKA 9961' 1sw\c.F, 95unE. 15,E ��w. RF 6 cD v I`9i5-_� KPB NOTE: See PC Resolutions 95.20 and 97-35 3• Brea Ca d Me—mt (rmmd thb e—ey) • 5/B- RM w (buts We s—ey) O 5/0- RebW (eel fhb ewer) + 1031-: ,a mm— C.mer Memdu C.— S/B' Rees (eet fhb sare.y) ( ) Record Oa - U. S. Slrwy 2970 B (JQ ��//"S7SjS�cYLSJYYSSjj��iiJJ ROW ve—le b J7 Woter/SeevEamlS-W ISY.> h�� O§ 1,j4'W :? i,01� 14 1 I I M W 1•.pl + 'e1— 1 L1 71S-W 1•.filr 1e51-5 1 CI 45. 13 , 32•E 3& iS.0 u 1 4s. Y1 • Sl Y' B 20. S 1' 15.1 1 $N E� 1� A Rivesvi.ew TA Drive CRY aI Kenol puSlk �-- 1N1I53'1S -- NBBSSI5-W �rmmtmY NSBi311-W 132.0fi' S' to' UHRY Eoeemeet CRY .1 Ke11d W Bed. Z9 Pape 1', Let 4 j R Lot - >e 7,07; 15,077 SF I � � USG 1 �t p Lot L' � dr NOTES: 1) DerdopW t or theee, bh le eubpct le Like Ctr a Reed, 2mkip rpdnilone. 2) NP peewmeet etmatun eedI be —t—ted Wp-1 Wlthin a uUNY W1.mant ehkh .odd Mlulere r11b the abRty .1 a Utmy b uw fhe soeWnenl 3) Bleeka elechle easunalte Wit anon Lot 0. 8kek 10 and La 4, BIorN 10 a Its 010W Tama" e1 Ken 4) -WASTEWATER Wodenter 4•ament a W depoelt eye — ��reaokeeleeb a Ise Alaska DeparlmWH .1 ldrwenenta em Subw Ln my Ported •W.kuone, its Aleeko DeavimeeI a Enekpm W Cecexwtkn aW— Ihb �WedNblW1 rerppPldtkp.- 1.1:.!i'LX.___._ O Lot q B� a BeuYlp NE776']0-E N13S') _ � �. u (171.7a') 271.52' �� — Q 1D' ulmY FasunWlt 1 r Est aemeee •ed uunr Eae.mult C, $ (E.d 310527) US SURVEY 157 SURVEYOR'S CERTIFICATE 1 hereby cutesy the0 1 am Pr y repbterMl m1d Ikmeed b prpe0p IWN eul.eykq in 11M Store a AIaWw, WP ekeltll nprreeb a edeY mad. by m• W mdr my dMcl euperddm, UW morvneeb ako.n Ate. aclusly obl a deecrOeQ ono all dlmnsbna and othu demt aormcl to lM normal etmdsae of Pmetke d Imd —*ram in Ise Stet, of AkKm. Dal. '.. Wm 11 Lot 9 9 ©mot■�r�a© CERTIFICATE of OWNERSHIP and DEDICATION WE NE%eY CERTIFY THAT WE ARE THE OWNM5 OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT t1E HERESY ADOPT THIS PLAN OF SLRWn1SON AND BY OUR FW CONSENT OEUICAIE ALL RWNTS-OE- WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOW WE FURTHER CERTIFY THAT DEED(S) Or TRUST AFFECTING 7HS PROPERTY DO NOT CONTAIN RESNOCDONS WHICH WOULD PROHIBIT THIS REPLAY. OR REQUIRE SIGNATURE AND APPROVAL OF BENEnCIARY(IES). ,Cleo 1(a. IL M P.O. Bo• 2505 Omnce A lmd Ke1wl Almka R%1i BDI Coots Aruwe Keeul Jlaeb 9%11 NOTARY'S ACKNOWLEDGEMENT SUBSCRIBED AND SW Wf MORE ME THIS ,��, � DAY OF 0. MY COMkBSsm Z;O E 'V'?J-97 L ■ ,y'°ueT-Tc,J PLAT APPROVAL THIS PLAT WAS APPROP40 BY THE KENAI PENN%" BOROUGH PlA1MNO COMMISSOH AT THE MEETNG OF —A. 1,25 ISge* / I PEr rl51AA BOROUGH l:� �QA nMABE 49-g1 S f pF RECORDED IP Its IhM NTtt�A q'/EYS ,PPP... •• •`' ILFNAALASKII %fill IEEq OrigincLI Townsite of Kenai Laddville Replat nple a Lote 2. 3, k 7 k 0 W1 18; LWe 3. 4. • S. ea. 19 a he Odpind T-11. a Kenab ! ROW ..U- a Pallor a RIyWMeW ONre. •c eNhN Me SWI/4 Sw lm 5. TSN. R11% S.W.. C1y a emA Keed Rewdkq ObVkt. Kend PwAwla Bomu9, AW". INTEGRITY SURVEYS 605 SWIRES DRIVE KENAJ, ALASKA 99611 SURVEYORS 263-9047 PLANNERS ty@ APrI - Ame 1pp• xAtF: 1• WC 94-4, PSI ate: Keed ' ENAI PENINSULA BOROUGF 144 N. BINKLEY . SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-4441 January 11, 1994 City Council City of Kenai 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Dear City Council Members: DON GILMAN N3 114 t5 It MAYOR CD PN 1`334 c N �{ KENP• ,Qv L2�'2 RE: Petition to Vacate Petition to vacate a portion of a public right-of-way known as Outside Way. Vacate that portion of Outside Way lying between Cook Avenue and Riverview Avenue, Kenai, Alaska; also being within Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. KPB File 94-001 The Planning Commission postponed consideration of the proposed vacation at their January 10, 1994 meeting. I This vacation is being sent to you for your review and action before Borough Planning Commission review. Attached are draft minutes and other related materials for your information. Sincerely, Pa � Richard P. Troeger Planning Director RPT:mes Attachments cc: Steve Horn, Executive Director Peninsula Oilers AGENDA ITEM D. PUBLIC HEARINGS 2. Petition to vacate a portion of a public right-of-way known as Outside Way. Vacate that portion of Outside Way lying between Cook Avenue and Riverview Avenue, Kenai, Alaska; also being within Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. KPB File 94-001 Staff report as read by Dick Troeger. PC Meeting 1-10-94 Petitioners: Peninsula Oilers Baseball Club, Inc. of Kenai, Alaska. Purpose as stated in the petition: Outside Way was platted to provide access between Cook Street and Riverview Drive. Since platting, another access has been developed and is currently maintained by the City of Kenai. There appears to be no reason for development of Outside Way. Vacation of the right-of- way would provide the owner with one contiguous piece of property. Public notice appeared in the December 30, 1993 and January 5, 1994 issues of the Peninsula Clarion. Twenty-five certified mailings were sent to owners of property within a 300 foot radius and to other interested parties. Twenty of the receipts have been returned. Two mailings were returned marked "Forwarding Expired " One mailing was returned for an address correction and was re -mailed. A statement of non -objection was received from Homer Electric Association. No statements of objection were received. Findings of Fact 1. Sufficient rights -of -way have been dedicated to surrounding properties. 2. The right-of-way proposed for vacation does not appear to be in use for access. 3. Per petition the right-of-way proposed for vacation is not used as public access and has not been constructed. The preliminary plat showing the proposed vacation is scheduled for Commission review and action January 10, 1994. STAFF RECONflvfENDATIONS: Approve vacation of that portion of Outside Way lying between Cook Avenue and Riverview Avenue, subject to the following conditions: 1. Submittal of the final plat within one year of vacation approval. 2. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vacation. NOTE: If the vacation is denied, the petitioner has eight calendar days in which to appeal the Planning Commission denial. Written appeal must be submitted to the Clerk of the City of Kenai. KPB PIANNWG COMMISSION JAMARY 10,1994 MEETING UNAPPROVED MINUTES PAGE 13 END OF STAFF REPORT Chairman Hammeln= opened the public hearing for comment. Clarence Ladd, $07 Cook, Kenai Mr. Ladd stated that he's lived in the area for more than 30 years. Mr. Ladd said that the right-of- way has been used for access for several years — dating back before statehood. He said he has a cabin in this area that he's been trying to restore. About six years ago it almost burned down, and the fire department used this right-of-way to get to the cabin. Mr. Ladd stated that he's talked to the fire chief and the police chief. The Oilers Building (formerly the Trades Building) has no parking on Main Street or Cook Avenue. The building was built right to the edge of the street. Mr. Ladd said presently the area is barricaded with a garbage container. Also, cars are parking in this area. The back area has two vacant lots and plenty of parking space to accommodate the Oilers' activities. Mr. Ladd said easements were established for public access for good reasons. He said for safety reasons, i.e. access for the fire department, and public travel he would like to see the right-of-way left intact. Chairman Hammelman asked if the area proposed for vacation was blocked. Mr. Ladd replied that it has been blocked just behind the Oilers Building for the last year or two. This building was purchased last summer by Fox Oil Enterprise. Mr. Ladd stated that the Oilers building was on a five foot portion of his property for about 30 years. In March 1993 the Oilers approached Mr. Ladd because they wanted to buy the whole comer but couldn't complete this transaction until the building was moved. Mr. Ladd agreed to a land trade with the Oilers. Now the Oilers want to close the right-of-way to public access. Vice Chairman Bryson inquired if Mr. Ladd talked with the fire department. Mr. Ladd replied that he spoke with the fire chief and the fire marshall. Vice Chairman Bryson asked if comments would be provided to the City Planning Commission. Mr. Ladd said he understood that the fire chief and police chief were going to forward a report to the Kenai city manager. Mr. Ladd said he talked with the City of Kenai engineer, Jack LaShot, today. Mr. LaShot said this matter would be reviewed by the City of Kenai Planning Commission Wednesday, January 12. Mr. Ladd said he would attend this meeting. Commissioner Coleman asked if the right-of-way was currently being used. Mr. Ladd replied that it has been used practically every day. Seeing and hearing no one else wishing to speak, Chairman Hammelman closed the public hearing and opened discussion among the Commissioners. MOTION: Commissioner Clutts moved, seconded by Commissioner Painter, to approve vacation of that portion of Outside Way lying between Cook Avenue and Riverview Avenue, subject to staff KPB PLANNING COMMISSION JANUARY 10,1994 MEETING UNAPPROVED MINUTES PAGE 14 recommendations. Commissioner Gannaway said that the Commissioners were again faced with addressing an action before it has been reviewed by the City. Commissioner Gannaway stated that he would prefer to have the City ofKenai's comments regarding this vacation before the Commissioners review it. W=RAWAL OF MOTION: Commissioner Clutts withdrew his motion. Commissioner Painter withdrew the second. MOTION: Commissioner Carpenter moved, seconded by Commissioner Mumma, to postpone the decision on the vacation until the City of Kenai Planning Commission reviews it. VOTE: A roll call vote was taken with all Commissioners present voting yes. The motion passed. KPB PLANNING GOMMMION JANUARY 10,1994 MEETING PAGE 13 UNAPPROVED MINUTES THE PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A. LOCATION AND REQUEST: VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY KNOWN AS OUTSIDE WAY. VACATE THAT PORTION OF OUTSIDE WAY WHICH LIES BETWEEN COOK AVENUE AND RIVERVIEW AVENUE WITHIN THE CITY OF KENAI. ALSO BEING WITHIN SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA. B. PURPOSE AS STATED IN PETITION: OUTSIDE WAY WAS PLATTED TO PROVIDE ACCESS BETWEEN COOK STREET & RIVERVIEW DRIVE. SINCE PLATTING, ANOTHER ACCESS HAS BEEN DEVELOPED AND IS CURRENTLY MAINTAINED BY THE CITY OF KENAI. THERE APPEARS TO BE NO REASON FOR DEVELOPMENT OF OUTSIDE WAY. VACATION OF RIGHT-OF-WAY WOULD PROVIDE OWNER WITH ONE CONTIGUOUS PIECE OF PROPERTY. C. PETITIONER(S) PENINSULA OILERS BASEBALL CLUB, INC. BY STEVE HORN, EXECUTIVE DIRECTOR OF KENAI, ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY , JANUARY 10, 199 3. COMMENCING AT 7 : 3 0 P.m. , OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILD- ING, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF RICHARD TROEGER, OR ROBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT - 144 N. BINKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN WEDNESDAY, JANUARY 5, 1994. FOR ADDITIONAL INFORMATION CONTACT ROBBIE HARRIS OR RICHARD TROEGER, RESOURCE PLANNING DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN KENAI PENINSULA BOROUGH). ROBBIE HARRIS PLATTING OFFICER PUBLISH 2X (DEC 30, 1993 & JAN 5, 1994.) .1. l c� soots &i u V) tio'aa'o ?r -A_ 4z 88l 1,60.01 PJ 64 abo� gZ - ����Q { �I81vatL,jso 3M 3 IaJySq�d i r w tW L 0 C. C-) rn O41 � cq N C`1 C'j W �tJ tf] 7 3 k7101 alYkUf M 101 awxj In r )11 l O 1 3 �00,MO W Is NIVNI !.1.1 i !Y CD WOR do m Al,AF li�i-win � i A rlt3�.�i �If.�r.•hr�,�l� `r v a1-- — APPR y U SHOWING OF PROPOSED VA LOCATION OF PROPOSED VACATION Homer Electric A95s40c14ELt1o3M9 IzzC. CENTRAL PENINSULA SERVICE CENTER 280 AIRPORT WAY • POUCH 5280 KENAI. ALASKA 99611 • (907( 283-5 83 1 January 4, 1994 Ms. Robbie Harris Kenai Peninsula Borough Planning Department 144 N. Binkley St. Soldotna, AK 99669 Dear Robbie, Re.: Right of Way Vacation Outside Way Section 5, T 5 N, R 11 W, S.M. Please be advised that Homer Electric Association has no objection to the proposed vacation. Sincerely, Dave Bear Right of Way Agent 3031 PETITION TO VACATE PUBLIC RIGHT-OF-WAY/SECTION LINE EASEM ry .01 PUBLIC HEARING REQUIREDn,Ro�,3 0 n ' eni UPON RECEIPT OF COMPLETE APPLICATION WITH FEES AND ALL REQUI� l AN ME"'T.S; A PUBLIC HEARING BEFORE THE PLANNING COMMISSION WILL �.CC,HEDIRED.�w FEES - $200 NON-REFUNDABLE FEE TO HELP DEFRAY COSTS OF ADDVrs PUBLIC HEARING. ANY REQUIRED PLAT FEES WILL BE IN ADDITION TO VACA- TION FEES. Ed PUBLIC RIGHT-OF-WAY PROPOSED TO BE VACATED IS &,f!5ide G-fa v_; DEDICATED BY PLAT OF T&gj6i4y c+ �enu4 AksP4 SUBDIVISION" FILED AS PLAT N0. U,%2q7V IN KemCki RECORDING DISTRICT. [ ] VACATION OF ASSOCIATED UTILITY EASEMENTS. ARE EASEMENTS IN USE BY ANY UTILITY COMPANY; IF SO WHICH? [ ] EASEMENT FOR PUBLIC ROAD OR RIGHT-OF-WAY AS SET OUT IN (SPECIFY TYPE OF DOCUMENT) AS RECORDED IN BOOK PAGE OF THE RECORDING DISTRICT. (COPY OF RECORDED DOCUMENT MUST BE SUBMITTED WITH PETITION) [ l SECTION LINE EASEMENT [ ] SUBMIT THREE COPIES OF PLAT OR MAP SHOWING AREA PROPOSED TO BE VACAT- ED. IF RIGHT-OF-WAY OR EASEMENT WAS GRANTED BY DOCUMENT; ONE COPY OF RECORDED DOCUMENT MUST BE SUBMITTED. HAS RIGHT-OF-WAY BEEN FULLY OR PARTIALLY CONSTRUCTED? U YES 0"'No IS RIGHT-OF-WAY USED BY VEHICLES/PEDESTRIANS/OTHER? ❑ YES WIN o HAS SECTION LINE EASEMENT BEEN CONSTRUCTED? ❑ YES ❑ NO SECTION LINE EASEMENT BEING USED. [] YES [] NO THE PETITIONER MUST PROVIDE REASONABLE JUSTIFICATION FOR THE VACATION. REASON FOR VACATING Wdv ..t, e% ti 4e D/OU��P 11C�CSS �M__ u4in 'OngP - THE PETITION MUST BE SIGNED (WRITTEN SIGNATURE) BY OWNERS OF MAJORITY OF THE FRONT FEET OF LAND FRONTING PART OF RIGHT-OF-WAY OR SECTION LINE EASEMENT PROPOSED TO BE VACATED. EACH MUST INCLUDE MAILING ADDRESS AND LEGAL DESCRIPTION OF HIS/HER PROPERTY. SUBMITTED BY: SIGNATURE "'w NAME a 1', PP-1"5 A If 0; /er 5 BGSp tv /I C ADDRESS P"&.IV9 PHONE 7A3- r33 PETITIONER SIGNATURE U/ NAME 1441.0,4arm ADDRESS Ne".', 4 K OWNER OF (,45-4�4 %unS��E of Iltti,� SIGNATURE " ME DRESS OWNER OF SIGNATURE NAME ADDRESS OWNER OF SIGNATURE NAME _ ADDRESS OWNER OF Rev. 06192 January 13, 1994 KENAI PENINSULA BOROUGH 144 NORTH BU'KLEY SOLDOTNA, ALASKA (907) 262-4441 99669-7599 NOTICE OF PLANNING COM[NESSION ACTION MEETING OF JANUARY 10, 1994 RE: Kenai Townsite Oilers 2nd Addn. Preliminary Plat JAN44 , J r G�. v The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached unapproved minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes were sent January 14, 1994 to: City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Survey Firm: Swan Surveying, P.O. Box 987, Soldotna, Alaska 99669 Subdivider/Petitioner: Peninsula Oilers Baseball Club, P.O. Box 318, Kenai, Alaska 99611. KPB File Number: 94-001 AGENDA ITEM G. CONSIDERATION OF PLATS 2. Kenai Townsite Oilers 2nd Addn. (Preliminary) KPB FILE 94-001 Staff report as read by Dick Troeger. PC Meeting 1-10-94 Location: Main Street/Cook Avenue/Riverview Drive/Outside Way within City of Kenai Proposed Use: Commercial Zoning: Urban Residential OUD Sewer/Water: City Supporting Information: Proposed replat will combine Lot 5A, Kenai Townsite Oilers Addition with vacated right-of-way and Lot 4, Block 18, Kenai Townsite into one lot, if the vacation is approved. A public hearing before this Commission is scheduled for January 10, 1994. The Advisory Planning Commission minutes were not received at time of this report (1-7-94). STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: 1. Final approval of requested vacation. REVISE OR ADD TO THE PRELEWNARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 2. Provide date of this survey. 3. Show existing streets with name and width. 4. Vicinity Map — show sections. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 5. Provide Improvement Installation Agreement from City or letter that an agreement is not required. 6. Boundary of subdivision must be wider he weight. 7.. Identify existing easements and label use or cite record reference. 8. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 9. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 10. Conform to conditions of KPB Planning Commission Resolution 78-6. 11. State of Alaska, Department of Environmental Conservation requires their approval on the final plat and recorded instruments in accordance with 18AAc Chapter 72 Article 3. 12. Compliance with Ordinance 90-38 (Substitute) - Ownership. KPB PLANNING COMM ION JANUARY 10,1994 MEETING PAGE 23 UNAPPROVED MINUTES END OF STAFF REPORT MOTION: Commissioner Gannaway moved, seconded by Commissioner Horne, to grant approval of the preliminary plat subject to staff recommendations. Commissioner Mumma asked what would happen to the plat if the vacation was not approved. Chairman Hammelman replied that approval of the preliminary plat was contingent upon final approval of the requested vacation. VOTE: Seeing and hearing no further discussion or objection, the motion passed. KPB PLANNING COMMISSION JANUARY 10, 1994 MEETING PAGE 24 UINAr"FROVE-7--iviEJ KENAI PLANNING AND ZONING COMMISSION Meeting - January 12, 1994 Minutes Page 3 MOTION passes and will go to the City Council for recommendation. b. Vacation - Peninsula Oilers - Portion of Outside Way R.O.W. fBryson said this is in the old town area, on Riverview Drive. La Shot said one owner owns two lots and is trying to make one continuous parcel, which 1, would be 4A as shown. , Right now the city does not perform any maintenance or have any utilities in this right-of-way. He said it is being used as parking for the Peninsula Oilers building. La Shot said if you follow through towards the bluff, there is only one piece that could be continued on, and it doesn't exist at this time. The City Administration has no problem with this vacation. Bryson said this vacation came before the Borough Commission on Monday night and was postponed until the city acts on it. PUBLIC HEARING Clarence Ladd, 807 Cook Avenue. Ladd said he was at the Borough meeting on Monday, January 10. He stated Steve Hom, petitioner for the vacation, was not at the meeting and he has not been able to contact him. Ladd said no one was at the meeting representing Homer Electric at the Borough meeting. Ladd said he checked with Homer Electric about their utilities through the area. He showed the Commission a map that shows four of HEA's wires going overhead. Ladd stated his concem is that he has a log cabin back there and it caught fire a few years back. He said he almost lost the building because it is blocked off to fire trucks. He added he gave the Oilers some land for parking. Ladd said when Dave Bear (HEA) retums from Homer he is going to talk to him about this vacation. Walker asked Ladd to specify what his objection to the vacation is. Ladd said there are fire hydrants at two comers there. He said the pump truck had a problem getting around there. Ladd said he doesn't think a fire truck could get through if there are cars parked there or if a dumpster is sitting there. He stated his main concem is safety, in case of fire. Bryson asked La Shot if the Fire Department has voiced any concems. La Shot said there has been no concern on the part of the city. He said the utility companies do have the opportunity to review the vacations. If they utility company wishes to retain an easement in lieu of the right-of-way, they have that right. La Shot said the city is looking at it for their own utilities and assumes the other utilities do the same. KENAI PLANNING AND ZONING COMMISSION Meeting - January 12, 1994 Minutes Page 4 Bryson stated he has driven by the area and said it appears to be used for parking, but other than that it appears wide open. Pierce asked La Shot if HEA has had the opportunity to evaluate the vacation. La Shot said it is his understanding that all right-of-way/easement vacations are sent to the utility companies for their review. He asked Pierce if Enstar gets them. Pierce said yes, Enstar does get them. Pierce asked La Shot he was certain HEA has had the opportunity to respond to this vacation. La Shot said no, he can't be certain. Bryson added a statement of non -objection was received by the Borough by HEA regarding this vacation. He added HEA either missed it or didn't check it out. Bryson suggested La Shot call the Borough for confirmation. Goecke asked for clarification on ownership; do the Oilers own the whole part other than part 5b? Ladd answered yes. He said he gave the Oilers some land because their building was 6' into his property. He added the building could not be moved because of the concrete foundation and walls. Bryson said the new name will be Lot 4A after the vacation. MOTION Pierce MOVED for recommendation to the Council for approval of the vacation. Goecke SECONDED. VOTE Pierce Yes Werner-Quade Yes Glick Yes Bryson Yes Goecke Yes Walker Yes MOTION passes. Bryson added if HEA erred in this vacation, it will come back to the Borough for action. 5. PUBLIC HEARINGS None KENAI CITY COUNCIL NEETING MINUTES JANUARY 191 1994 PAGE 13 H-2. Mahas■ orders u=aeedinq $2,000 NOTIOU E Councilwoman Monfor MOVED for approval of the purchase orders exceeding:$1,000 and Councilman Bookey 9ECONDSD the motion. There were no objections. 90 ORDE. H-S. Approval Petition to Vacate that Portion of the Twenty Foot Alleyway Bounded by Lots 1-3,0Block 2 and Lots 7-11 and the North Half of Lot 12, Block 1, Bush Lanes Subdivision (Plat 1016 KRD) NOTIONS Councilman Smalley XOM for approval of the petition to vacate that portion of the twenty foot alleyway bounded by Lots 1-31 Block'2 and Lots 7-11 and the north half of Lot 22, Block 1, Bush Lanes Subdivision (Plat 1018 KRD). Councilman Bookey 9BOOM= the motion. Smalley asked if.the gate will remain unlocked in order to.have right-of-way access. Kornelis stated as'far as Public Works' -is concerned, if it -is not open, they will ask Doyle to open it to let them in. If they cannot ask Doyle, they will cut the look. VOTBs Councilman Smalley requested OEANIKOUr CONSENT. There were no objections, DO ORDUND. 8-4. Approval - Petition to Vacate a Portion of a Public i Right -of -Way Known as Outside 'Way Lying Between Cook Avenue and Riverview Avenue, Kenai, AK= Also Being Within Section 5, Township-5 North, Range 11 West, Seward Meridian, AK. 1�`IOMt , Councilman Smalley NOS for approval of Item H-4 and Councilman Bookey 88CCWDBD the motion. Smalley stated this is a small parcel adjoining the oilers ice• building. This will vacate a strip down the Riddle of the property. The testimony given at the Planning & Zoning Commission meeting was included in the packet. C KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 1994 PAGE 14 There were no objections to the motion. 80 ORDERED. 8- Discussion - Evaluation Forms, Councilman Smalley stated he preferred Evaluation Form 01 in the packet. Smalley added the form is workable, applicable and gives a place for comments. Monfor stated she spoke with swarner and they both like Form #I. Bookey had no objection. Bannock stated he liked Form #3. HoTto s Councilman Smalley NOVED to use Item *1 for the evaluation of Administration and requested URNUMB 0OR188NT* Councilman Bookey 8E OWND the motion. There were no objections. 80 ORDERED. Smalley stated he would support the evaluation of the city manager by the department heads. Similar evaluation is done in his work. Smalley added he believes it is important for the City manager to get that direct feedback from the department heads. , Vice Mayor Measles asked for a motion. XOTZONI Councilman Smalley stated 80 MOVED. Councilwoman Monfor SaOOXDAD the motion for discussion. Monfor stated she suggested the department heads' evaluating the city manager, but does not have strong feelings one way or the other. Monfor stated she spoke with Swarner and was told swarher did not have a problem with the evaluation, one way or the other either. Vice Mayor Measles asked if Council wanted the department heads to use the form included in the packet. Monfor stated yes. There was some question as to what the motion was. Smalley explained his motion meant to have the department heads use the evaluation form in the packet to evaluate the city manager.-