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HomeMy WebLinkAboutResolution No. 2024-34KENAI CITY OF KENAI RESOLUTION NO. 2024-34 Sponsored by: Administration A RESOLUTION APPROVING AN EASEMENT ON TRACT B, KENAI BLUFF STABILIZATION SUBDIVISION, PARCEL NO. 04701030, FOR THE CONSTRUCTION AND MAINTENANCE OF SEAWALLS BENEFITTING CERTAIN ADJACENT UPLAND PROPERTIES. WHEREAS, on May 15, 2024 the Council enacted Ordinance 3417-2024, approving the purchase of approximately 7.8 acres of beach property described as Tract B, Kenai Bluff Stabilization Subdivision; and, WHEREAS, acquisition of this parcel was subject to an existing easement for a seawall benefitting three adjacent upland parcels; and, WHEREAS, the owners of the remaining adjacent upland parcels, upstream or South East of the existing seawall, desire to construct a contiguous seawall that ties into the existing structure; and, WHEREAS, construction of any improvements within the easement will be required to comply with all local, state and federal laws; and, WHEREAS, the easement will allow for construction, maintenance, repair, access, and potential reconstruction if needed, and require the adjacent properties to be responsible for an adjacent property damage and repair, maintenance and removal of the structures if they fall into disrepair or present a threat to public safety; and, WHEREAS, seawall construction on the subject property is in the best interest of the City, consistent with the public purpose for which the City purchased and retained the property and is intended to protect residential property and improvements; and, WHEREAS, at its meeting on July 1, 2024 the Harbor Commission recommend approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That an Easement on Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, for the construction and maintenance of seawalls benefitting certain adjacent upland properties is hereby approved as attached hereto, or in a materially similar form, and the City Manager is authorized to execute the Easement of behalf of the City. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JULY, 2024. ATTEST: Brian Gabriel Sr., Mayor , City Clerk New Text Underlined; [DELETED TEXT BRACKETED] K � \.I A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 wwwkenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: June 27, 2024 SUBJECT: Approving An Easement On Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, For The Construction And Maintenance Of Seawalls Benefitting Certain Adjacent Upland Properties. On May 15, 2024 the Council enacted Ordinance 3417-2024, approving the purchase of approximately 7.8 acres of beach property described as Tract B, Kenai Bluff Stabilization Subdivision. The property had a pre-recorded easement for a seawall immediately seaward of three bluff properties adjacent to the property recently purchase by the City. The owners of 6 additional adjacent properties desire to build a sheet pile seawall in front of their properties to tie into the existing structure (see map attached). The City Council recently approved an SUP allowing for the storage of some of the sheet metal on the City's recently acquired property. The seawall is intended to slow erosion by protecting the toe of the bluff. At least one adjacent property owner has secured US Army Corp. of Engineer's permitting. The proposed easement would require the subject adjacent property owners to all get Corp permitting prior to construction, comply with all local federal and state laws in the constructing and maintenance process, require separate specific City administrative approval prior to construction, obligate the property owners to maintain, repair, or remove the seawalls once constructed, and make them liable for any damages related to their construction, maintenance, repair, or removal of the seawalls. Your consideration is appreciated. EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEAWALL This Easement made this day of July, 2024, by the City of Kenai, a Home Rule Municipal Corporation, Grantor, owner of the following described property on which this is easement is created: 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; Is for the benefit of the following described properties: 1. LOTS 9 AND 10, BLOCK 6, REDOUBT TERRACE SUBDIVISION ADDITION NO. 3, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NUMBER 76-96. 2. LOTS 11A AND 12A, BLOCK 6, REDOUBT TERRACE SUBDIVISION ADDITION NO. 5, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NUMBER 93-19. 3. LOTS 13 AND 14, BLOCK 6, REDOUBT TERRACE SUBDIVISION ADDITION NO. 7, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NUMBER 83-207. All Records of the Kenai Recording District, Third Judicial District, State of Alaska. Purpose: This Easement created by the City of Kenai, is for the sole purposes of: 1. The right, but not obligation of the benefitted property's legal owners, their successors and assigns, to construct a seawall in compliance with all local, state and federal laws within 7 feet of the toe of the bluff on the property as it now, or may exist in the future, on the City's above described property. 2. The right of the benefited property's legal owners, their successors and assigns, to access any constructed seawalls for the purpose of construction, maintenance, repair, reconstruction and removal. Restrictions: 1. Any construction or reconstruction of a seawall by a benefited property owner may only commence after prior separate written approval of the design and location of said seawall by the City or its successors or assigns. 2. A seawall may only be a constructed by a benefited property owner, successors or assigns, directly seaward of the owner's property. 3. Any seawall must be constructed or reconstructed in a manner that does not interfere with the public's right to access public waters or to travel along the beach as protected in the Alaska Constitution, State Statutes and regulations. 4. The right to construct, reconstruct, access, maintain, repair, and remove any seawall is subject to reasonable regulations of the City of Kenai, and the City has the right, but not obligation, to regulate its property, including the location of the seawalls if any, constructed pursuant to this easement, for the benefit of the public, including removal if necessary. Obligations of Benefitted Property Owners that Construct a Seawall Pursuant to the Rights Granted in this Easement: 1. If any of the benefitted property owners construct, or reconstruct a seawall, the property owner, successors and assigns, are obligated to maintain and repair said seawall. The property owner, successor and assigns are further obligated to remove said seawall, if the seawall can no longer be maintained, or repaired, or are not maintained and repaired in a manner that effects public safety. Upon written notice by the City, its successors and assigns that a seawall has falling into disrepair, the seawall must be maintained, repaired or removed within a reasonable amount of time, not to exceed one year. If the property owner, successors or assigns does not remove, repair or maintain the seawall, the City, its successors or assigns, has the right, but not obligation, to remove, maintain, or repair the seawall and place a lien on the subject property for its cost of removal, maintenance or repair or pursue any other legal remedy for recovery of associated costs. Any construction or reconstruction of a seawall pursuant to this easement, is a specific grant by the benefitted property owner, its successors and assigns, of the right of the City, its successors and assigns, to lien the said property for seawall removal, repair or maintenance costs. 2. Any benefitted property owner, successors and assigns, that constructs, maintains, repairs, reconstructs, or removes a seawall, is responsible and liable for all damages associated with such activities, including but not limited to the claims of other property owners. The act of construction or reconstruction of a seawall by the benefitted property owners is an explicit agreement by the property owner, its successors and assigns, to defend, indemnify and hold harmless the City of Kenai, its agents, employees, and officers from any claims, losses, damages, liability, including injury and death or expense in any way related to any act or omission of the befitted property owner, its employees, agents, or invitees arising out of the construction, maintenance, repair, access, reconstruction or removal of said seawall. This easement shall run with the land and shall be binding on the parties, their heirs, successors and assigns forever, or until all benefitted parties agree, in writing, to release this easement or until there is no longer any relevant purpose for this easement. CITY OF KENAI Terry Eubank, City Manager STATE OFALASKA ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of July, 2024, by Terry Eubank, the City Manager of the City of Kenai, a home rule municipality, on behalf of the City. Notary Public for State of Alaska My Commission Expires: © v y H N E O E O 7 c g O m O C O p O O V > 'Y > c � d tii O 6J GJ G m 66 y� ; .L J J 0. VI [i V C O CL ro v N y. �_ • 16 —Cu X Of ,u t° 0 J H Q- oll ar I IL f TL� • F= CL cu � C ca C, C m Ol Q1 i (1 OT o co G7C C7 co Q' C) E AN■ on cn tf, F 4 Ln It M ,n N N M1