HomeMy WebLinkAboutResolution No. 2025-27KENAI
CITY OF KENAI
RESOLUTION NO. 2025-27
Sponsored by: Administration
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES FOR A UTILITY EASEMENT FOR
THE CITY WATER MAIN.
WHEREAS, the City of Kenai entered into a Lease Agreement with the State of Alaska Department of
Natural Resources Division of Lands on March 11, 1971 to lease 4.13 acres of land described as T 6N
R 11W Sec 35 Seward Meridian KN 0860072 Alaska State Land Survey 84-157 Tract A (KBP Parcel
04103040); and,
WHEREAS, the lease is expiring on March 10, 2026; and,
WHEREAS, the City constructed, operated, and subsequently decommissioned Well House 1 between
1971 and 2023; and,
WHEREAS, the City deconstructed the former Well House 1 and removed all above ground structures
from the site in 2023; and,
WHEREAS, the City no longer needs access to the full 4.13-acre parcel; and,
WHEREAS, the City requires a utility easement to allow for monitoring, maintenance, and repairs to the
water main remaining along the northern boundary of the parcel; and,
WHEREAS, it is in the best interest of the City to obtain an easement from the State of Alaska Department
of Natural Resources to monitor, maintain, and repair water utility infrastructure in perpetuity or until such
time that the proposed easement is no longer needed by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to enter into an agreement for a utility easement on
KPB Parcel 04103040 as shown on the attached map.
Section 2.
That this Resolution takes effect immediate
PASSED BY THE COUNCIL OF THE CITY OF KENAI, Al
ST:
Michelle)I. Sahpr, XMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
00'-
KINA
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www1enaixity
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
THROUGH: Kevin Buettner, Planning Director
FROM: Brandon McElrea, Planning Technician
DATE: April 9, 2025
SUBJECT- Resolution 2025-27 - Authorizing the City Manager to Enter Into an
Agreement with the State of Alaska Department of Natural Resources
for a Utility Easement for the City Water Main.
The City of Kenai (City) currently leases an approximately 4.13-acre parcel from the State of
Alaska Department of Natural Resources (DNR) which is the former site of the City water
wellhouse 1 facility. The wellhouse facility was removed in 2023, with the exception of the City
water main. The current lease expires March 10, 2026 and, as the parcel is no longer needed for
the original use, will not be renewed. However, after the termination of the current lease the Public
Works Department will require access to the section of land on which the water main resides in
order to perform monitoring, maintenance and repair. This easement will be in place in perpetuity,
or until such a time as the City relocates the water main, and will come at no cost to the City, per
DNR.
This Resolution authorizes the City Manager to enter into an Easement Agreement with DNR, in
perpetuity, or until such time that the proposed easement is no longer needed by the City.
Thank you for your consideration.
Attachments
Application Packet
ADL#
(to be filled in by State)
STATE OF A LAS KA
DEPARTMENT OF NATURAL RESOURCES
Division of Mining, Land and Water
APPLICATION FOR EASEMENT
AS 38.05.8S0
Applications that are submitted with unfilled sections or inadequate explanation and/or without application fees, a
location figure and/or a completed Division of Mining, Land and Water (DMLW) Environmental Risk Questionnaire will
be deemed incomplete. Incomplete applications will be returned without review. See DMLW's current fee regulations
(11 AAC 05) and associated Director's Fee Order for applicable non-refundable fee amounts. The filing of an application
does not guarantee processing or approval of the requested authorization.
Applicant: City of Kenai
Doing Business As: City of Kenai
Agent: (if applicable; attach record of authorization to represent) Terry Eubank, City Manager
Mailing Address: 210 Fidalgo Avenue Email: planning@kenal.city
City/State/Zip: Kenai, AK 99611
Primary Phone: (907)283-8200
General Location: Mile 7.5 Kenai Spur Highway
Section(s): 35 Township: 6 North
Section(s):
Alternate Phone: (907)283-8236
Range
Municipality: City of Kenai
11 West Meridian: Seward
Township: Range: Meridian:
Attach a location figure, plan drawing or survey that shows the detailed location of the requested easement in relation
to adjoining property boundaries and reference points. All features must be labeled.
Dimensions requested (Complete line 1 for a lineal easement or line 2 for an easement with an irregular shape):
1. Length: (feet) 785.75 Width: (feet) 50
2. Area:
Term requested and rationale:
_ Are units in ❑ square feet or ❑ acres? (check one)
In Perpetuity - City of Kenai water main section
Are you applying for a ❑ public or a C1 private easement? (check one) Rationale:
City water main location. City personell are the only ones needing access for maintenance or upgrades of utility.
Development plan summary/specific purpose of easement: (e.g., electric utility, fiber-optic cable, road, bridge,
airstrip/airport, driveway, trail, drainage). This information will be used to determine the scope of use of the easement.
A wellhouse and water main were installed on the subject parcel in 1970 while under lease by City of Kenai from DNR.
The wellhouse has since been removed, leaving the City water main. The lease expires March 10, 2026 and the City
does not intend to renew the lease, but requests an easement for the existing water main.
ADL # Page 1 of 2
Easement Application Form 102-112 (Rev. 09/23)
Is this an existing use? F81 Yes ❑ No. If yes, explain extent and duration of use to date:
The water main was installed in 1970, upgraded and modified in 1978, and remains the in place as of the date of this
request. Land initially leased by City of Kenai for site of wellhouse. Wellhouse since removed. Lease expires March 10,
2026.
Describe plans for initial construction. Be detailed. Include a list of authorizations for portions of the project that are
proposed for construction on adjoining lands, other permitting, and/or third -party non -objections: (Use extra sheets as
needed)
Initial water main installation took place in 1970, system upgraded in 1978. See attached Asbuilts.
Anticipated construction timeframe:
All construction complete since 1970.
If this authorization is granted, I agree to construct and maintain the authorized improvements In an acceptable manner,
and to keep the area in a neat and sanitary condition; to comply with all the laws, rules, and regulations pertaining
thereto; and provided further that upon termination of the easement for which application is being made, I agree to
remove or relocate the improvements and restore the area without cost to the State and to the satisfaction of DMLW.
Applicant's Signature
Date:
This form must be filled out completely and submitted with the applicable fees. Failure to do so will result in a delay
in processing. AS 38.05.035(a) authorizes the director to decide what information is needed to process an application
for the sale or use of state land and resources. This information is made a part of the state public land records and
becomes public information under AS 40.25.110 and 40.25.120 (unless the information qualifies for confidentiality
under AS 38.05.035(a)(8) and confidentiality is requested, AS 43.05.230, or AS 45.48). Public information is open to
inspection by you or any member of the public. A person who is the subject of the information may challenge its
accuracy or completeness under AS 44.99.310, by giving a written description of the challenged information, the
changes needed to correct it, and a name and address where the person can be reached. False statements made in an
application for a benefit are punishable under AS 11.56.210. - —
For Department Use Only
In submitting this form, the applicant certifies that he or site has not Application received date stamp
changed the original text of the form or any attached documents provided
by the Division. In submitting this form, the applicant agrees with the
Department to use "electronic" means to conduct "transactions" (as those
terms are used in the Uniform Electronic Transactions Act, AS 09.90.010 -
AS 09.80.195) that relate to this form and that the Department need not Receipt Types:
retain the original paper form of this record: the department may retain this ❑ 13A Pipeline Easement
record as an electronic record and destroy the original. ❑ 13 Other Easement
ADL # Page 2 of 2
Easement Application Form 102-112 (Rev. 09/23)
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