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Home My WebLink About2024-07-01 Harbor Commission Packet - Special MeetingKENAI HARBOR COMMISSION SPECIAL MEETING JULY 1, 2024 – 6:00 P.M. KENAI CITY HALL 210 FIDALGO AVE., KENAI, AK 99611 *Telephonic/Virtual Information Below* http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval B. NEW BUSINESS 1. Discussion/Recommendation – Recommending the City Council Approve an Easement for Construction and Maintenance of a Seawall. C. ADDITIONAL PUBLIC COMMENT D. NEXT MEETING ATTENDANCE NOTIFICATION – August 12, 2024 E. COMMISSION QUESTIONS AND COMMENTS F. ADJOURNMENT Registration is required to join the meeting remotely through Zoom. Please use the link below to register: https://us02web.zoom.us/meeting/register/tZ0tcu2grDgtGta7-k9bPWaX4_PiWcvSqxfe MEMORANDUM TO: Harbor Commission FROM: Scott Bloom, City Attorney DATE: June 24, 2024 SUBJECT: Seawall Easement On May 15, 2024 the City Council enacted Ordinance 3417-2024, approving the purchase of approximately 7.8 acres described as Tract B, Kenai Bluff Stabilization Subdivision (see attached Ordinance, memo and map.) Prior to the City’s acquisition of the property, a seawall was constructed on the property seaward of Lots 15, 16 and 17, Block 6, Redoubt Subdivision Addition No. 7. An easement for this seawall was recorded prior to the City’s purchase (see Easement for Maintenance and Repair of Seawall.) At the City Council’s meeting on July 3, 2024, the City Council will consider granting an easement for the remainder of the properties above the property recently acquired by the City to construct and maintain an additional seawall. The Harbor Commission is being asked to provide a recommendation to the City Council by motion whether to approve an easement. The first seawall was constructed out of drill pipe. The proposed future seawall, the subject of the easement, will be constructed of sheet pile (see attached sheet pile design.) The future seawall is proposed to connect to the existing seawall and provide protection for the remainder of the properties above the property recently acquired by the City. At least one upland owner has acquired the necessary Army Corps of Engineering Permitting. Any approval of an easement is conditioned on all necessary federal and state permitting being acquired prior to construction. The easement will allow for access, construction, maintenance, repair and possible reconstruction of the seawall. The seawall must be placed within seven feet of the toe of the bluff. The City will not be required to maintain, repair or have any responsibility for what is constructed. The upland property owners will be responsible to remove the seawalls if they fall into disrepair and are not maintained and will be responsible for any adverse effects. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city 2 A L A s K A 2024-001994-0 Recording Dist: 302 -Kenai 3/28/2024 08:15 AM Pages: 1 of 4 II IIIII II I Ill I II II IIII IIIII Ill I I II II I II I IIIIII II I II II Ill I I lllllllll 111111111111111 41"-7394D t:=A17e, EASEMENT FOR MAINTENANCE AND REPAIR OF SEAWALL r This Easement made this Jl__ day of March, 2024, by and between David W. Salter, a married person, whose address is 1529 Toyon Way, Kenai, AK 99611, hereinafter referred to as "Grantor," and Kyle Stewart and Megan Stewart, husband and wife, whose address is 10202 E Loma Rica Drive, Palmer, AK 99645 and Kurt William Brauer and Loren Ann Brauer, husband and wife, whose address is 1531 Toyon Way, Kenai, AK 99611 and Walter A. Winston and Joy Ann Winston, husband and wife, whose address is 1533 Toyon Way, Kenai, AK 99611, hereinafter referred to as "Grantee." Grantor is the owner of Tract B, Kenai Bluff Stabilization Subdivision, according to the official plat thereof, filed under Plat Number 2021-32, Records of the Kenai Recording District, Third Judicial District, State of Alaska; and, Grantee, Kyle Stewart and Megan Stewart are the owner of Lot 15, Block 6, REDOUBT TERRACE SUBDIVISION ADDITION NO. 07, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER Plat Number 83-207, Records of the Kena'! Recording District, Third Judicial District, State of Alaska; and, EXCEPTING THEREFROM THE SUBSURFACE ESTATE and all rights, privileges, immunities and appurtenances of whatsoever nature accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of 12-18-71 (85 Stat 688, 704; 43 U.S.C. 1601, 1613(f) (1976) as reserved by the United States of America; and, Grantee, Kurt William Brauer and Lorene Ann Brauer are the owner of Lot 16, Block 6, REDOUBT TERRACE SUBDIVISION. ADDITION NO. 7, according to the official plate thereof, filed under Plate Number 83-207, Records of the Kenai Recording District, Third Judicial District, State of Alaska; and, EXCEPTING THEREFROM THE SUBSURFACE ESTATE and all rights, privileges, immunities and appurtenances of whatsoever nature accruing· unto said estate pursuant to the Alaska Native Claims Settlement Act of 12-18-71 (85 Stat 688 1 704; 43 U.S.C. 1601, 1613(f) (1976) as reserved by the United States of America; and, Grantee Walter A. Winston and Joy Ann Winston are the owner of Lot 17, Block 6, REDOUBT TERRACE SUBDIVISIOIN ADDITION NO. 7, according to the official plat thereof, filed under Plat Number 83-207, Records of the Kenai Recording District, third Judicial District, State of Alaska; and, EXCEPTING THEREFROM THE SUBSU~FACE ESTATE and all rights, privileges, immunities and appurt~nances of whatsoever nature accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of 12-18-71 (85 Stat 688, 704; 43 U.S.C. 1601, 1613(f) (1976) as reserved by the United States of America. Return to: David w. 5alter 1529 Toyon Way, Kenai, AK 99611 eRecorded Document 9 Scott Bloom From: Sent: Baggett, Nicholas S CIV USARMY CEPOA (USA) <Nicholas.S.Baggett@usace.army.mil> Wednesday, May 22, 2024 2:42 PM To: Scott Bloom Cc: Terry Eubank Subject: RE: Sewall Permitting in Kenai CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Scott- Mr. Morgan has current permits that were issued by the USACE on August 30, 2022 and October 22, 2022, POA-2022- 00328 and POA-2022-00329, Nationwide Permit 13 Bank Stabilization, for a sheet pile type design sea wall, which will expire March 14, 2026. Thanks- Nick Nicholas S. Baggett Project Manager Regulatory Division US Army Corps of Engineers Alaska District Direct Line: 907-753-2670 Email: nicholas.s.ba gg ett @usace.arm y.mil Regulatory Program Information: https://www. poa. usace .army.mil/Missions/Regulatory From: Scott Bloom <SBloom@kenai.city> Sent: Wednesday, May 22, 2024 11:34 AM To: Baggett, Nicholas S CIV USARMY CEPOA (USA) <Nicholas.S.Baggett@usace.army.mil> Cc: Terry Eubank <TEubank@kenai.city> Subject: [Non-DoD Source] Sewall Permitting in Kenai Mr. Baggette: I spoke with you on the phone this morning and I am following up with this email. The City of Kenai recently purchased a parcel just north of the mouth of the Kenai River, parcel# 04701030. Shane Morgan, who owns property above this parcel is interested in putting a sheet pile seawall on the City's recently acquired property. I understand from a conversation with him that he has been permitted by the USACE to construct the seawall on the parcel in question. I realize he would still need an easement from the City to place the structure on City property, but I am reaching out to you to verify whether he has actually received a permit from the USACE for this project, or alternatively whether the USACE has issued a determination that a permit from the USACE is not needed. Any information you can provide would be helpful. I have forwarded an email with attachments for a little additional background. Thank you. 1 14