HomeMy WebLinkAboutResolution No. 2025-37I I il � 1111,111151111 11�7 j 111111 111
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WHEREAS, the Kenaitze Indian be owns property within the City of Kenai and intends to replat and
develop the land to construct Tribal Elder Housing; and,
WHEREAS, the City supports the Tribe's efforts and recognizes the benefit of this development within
the City of Kenai; and,
WHEREAS, the City seeks to secure a drainage/utility easement across a portion of the Tribe's property
lo support potential public infrastructure improvements; and,
will provide temporary winter maintenance of a to-be-c�nstructecl road for a period of time not to exceed
ten -years in exchange for the perpetual easement; and,
WHEREAS, the agreement specifies that the road will be constructed to City standards and remain free
of obstructions to allow safe maintenance; and,
WHEREAS, the Kenaitze Indian Tribal Council reviewed and approved the agreement on May 21, 2025;
and,
WHEREAS, the City Council finds that the agreement represents a limited, practical collaboration that
supports mutual goals and public benefit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Limited Road Maintenance Agreement between the City of Kenai and the
Kenaitze Indian Tribe is approved.
Section 2. That the City Manager is authorized to execute the Limited Road Maintenance Agreement.
Section 3. That this Resolution takes effect immediately upon passage.
"0110P i I ii; I
ATTEST:
"I ",
ST" Michelle C, City Clerk
pr, . �,ti
4
Brian Gabriel Sr., Mayor
TO: Mayor Gabriel and Council Members
FROM: Terry Eubank, City Manager
WAKIM
SUBJECT. Resolution 2025-37 - Approving a Limited Road Maintenance between the
City and the Kenaitze Indian Tribe.
Approval is recommended for the attached agreement between the City of Kenai and the Kenaitze
Indian Tribe. The Tribe plans to replat and develop a portion of its land within City limits for Tribal
Elder Housing. To support this effort and secure a utility and drainage easement, the City
Administration met with the Kenaitze Administration to discuss a proposal to provide temporary
winter maintenance on a to -be -constructed road meeting City standards.
The Tribe will grant the City a perpetual easement of approximately 1.333 acres. In exchange,
the City will provide snow plowing and related winter maintenance on the road for up to ten years,
beginning either upon request after construction or two years after plat approval.
The Kenaitze Indian Tribe's Tribal Council reviewed and approved the agreement on May 21,
2025.
This agreement reflects a limited, practical collaboration that supports the Tribe's goals and
addresses the City's infrastructure needs.
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i,imiTED ROAD MAINTENANCE AGREEMENT BETWEEN THE CITY OF KENAI AND
KENAITZE INDIAN TRIBE
I
This Agreement is made and entered into between the City of Kenai ("CITY") a home rule
municipality in Alaska, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and the Kenaitze Indian
Tribe ("TRIBE"), a federally recognized Indian tribe whose address is —
Kenai Alaska 99611, for the City to provide temporary winter maintenance of a to -be -constructed
road in exchange for a water drainage/utility easement on the property to be developed as further
described below.
WHEREAS, the'FRIBE owns a parcel of land within the corporate boundaries of the City of Kenai,
Parcel No. 04101002, more particularly described as T 6N R I I W SEC 30 SEWARD
MERIDIAN KN — RS SEI/4 of approximately 160.19 acres in size (the "PROPERTY"); and,
WHEREAS, the CITY desires to use a portion of the PROPERTY to construct and maintain a
drainage/utility easement; and,
WHEREAS, the CITY and 'TRIBE agree as provided below to exchange winter snow plow
maintenance from the CITY for a period of ten years for the TRIBE's grant of a drainage/ utility
EASEMENTon the PROPERTY.
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A. Obligations of the TRIBE:
1. Once the TRIBE replats the PROPERTY, it shall grant on the plat an easement to the
CITY for a drainage/ utility easement at the location described below:
Commencing at the corner common to Sections 29, 30, 31 and 32, Township 6 North,
Range 11 West, Seward Meridian as shown on Record of Survey 2023-1, thence
S89-58'43"W 2,641 A97 ft. along the line to the quarter comer common to Sections 30
and 31 to point No. 1, the "TRUE POINT OF BEGINNING; thence N00'10'26"W
2642.19 ft. to the center quarter comer of Section 30, point No. 2; thence S89'59'30"E
20 ft. to point No. 3; thence S00'I 0'26"E 2,12119 ft. to point No. 4; thence
N89058'43"E 10 ft. to point No. 5; thence S00'10'26"E 520 ft. to the South line of
Section 30 to point No. 6: thence S89'58'43"W 30 ft. more or less to point No. 1, THE
TRUE POINT OF BEGINNING, containing approximately 1.333 acres.
2. The easement must grant to the CITY the right to construct a drainage ditch or piping of
any nature, including any necessary improvements, within the granted easement to
provide drainage for surrounding properties, including the right, without obligation to
construct, maintain, deconstruct and access said easement and improvements in
perpetuity.
The TRIBE must replat the property and construct a paved road ("the ROAD") that
meets CITY road standards current at the time of development as certified by a licensed
civil engineer in the State of Alaska. The road must have an adequate turn around at its
temporary or permanent completion site to facilitate CITY road maintenance equipment
(including but not limited to a grader) turning at its terminus, approximately 900 feet
from Redoubt Avenue.
4. Because the parties acknowledge the TRIBE desires to maintain the ROAD as a priva
road and the CITY cannot exercise parking or obstruction regulations s it would on
public road, the TRIBE must keep the road free and clear of any obstructions includi
vehicles, personal property and any garbage or refuse during period of winter road
maintenance.
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B. Obligations of the CITY:
The CITY agrees to provide winter road maintenance for a period of tell years commencing
either two years from the date the plat for the Property is completed or on the day the TRIBE
requests such maintenance and the CITY has received certification from an Alaska licensed
civil engineer that the road has been constructed to CIT Y standards and an adequate
turnaround exists for CITY maintenance equipment, whichever comes first. Maintenance
provided by the CITY shall include similar maintenance the CITY provides on public roads
it maintains including plowing, sanding, and scraping.
2. The CITY will provide verbal and/ or written notice to the TRIBE of any obstructions
impeding the safe plowing of the road, and will not provide maintenance services until all
obstructions have been removed.
C. General Provisions
1. The parties agree that this agreement shall be considered ineffective, null and void if the
Tribe does not replat the PROPERTY by July 1, 2026.
2. The CITY will not be liable to the TRIBE for any damage to the roadway, or personal or
real property on the road damaged from CITY maintenance activities unless the cause of the
damage was from gross negligence or willful misconduct of its employees performing
maintenance activities.
3. The parties may amend this Agreement only by mutual written Agreement.
4. Any civil action arising from this Agreement shall be brought and tried in the Superior Court
....... ....... ,
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.for the Third J udicial District of the State of Alaska at Kenai. The laws of the State ol"Alas
shall govern the rights and duties of the parties under this Agreement. I
5. This contract is intended for the exclusive benefit of the parties and does not and is not
intended to create rights in any person(s) or entities other than the contracting parties.
6. The failure of either party at any time to enforce a provision of this Agreement shall not in
any way constitute a waiver ofany provision, right or rernedy, nor in any way affect the
validity of this Agreement in part or in whole.
7. Any provision of this Agreement that may be declared void or invalid or otherwise
unenforceable by a court of competent jurisdiction shall be ineffective to the extent of such
invalidity without invalidating the Agreement or any other provisions of this Agreement.
[a
By: ___
Terry Eubank
CITY Manager
0
Rudolph 0. Wilson
Executive Director
ACKNOWLEDGEM1,'N'l"BY NOTARY PUBLIC
State of Alaska
ss
Third Judicial District
The foregoing instrument was acknowledged before me this day of . ..................... ,2025,
by Terry Eubank, City Manager for the City of Kenai.
Notary Public oaf Alaska
My Commission Expires:
State of Alaska
) ss
Third Judicial District
The foregoing instrument was acknowledged before me this day of
by of the KenaitzeIndian Tribe.
Notary Public of Alaska
My Commission Expires:
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LMMMN A I
City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwLenakity
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ANSI
TO: Mayor Gabriel and Council Members
FROM: Terry Eubank, City Manager
DATE: June 2, 2025
SUBJECT: Resolution 2025-37 - Approving a Limited Road r7laintenance between the
City and the Kenaitze Indian Tribe.
The attached map is a visual representation of the locations of the proposed easement and new
road. The easement begins at the southwest corner of KPB Parcel 04101002, known as RS
SE1/4. The southwest corner is at the middle of the intersection of Redoubt Avenue and North
Forest Drive. The easement, beginning at the southwest corner stretches east along Redoubt
Avenue for 30 feet and north for 520 feet. At this northern boundary, the easement is reduced to
20 feet wide and is located along the entire western boundary of the parcel. An existing 10-foot
easement is located on the western side of the parcel boundary, as dedicated in the Parsons
Subdivision in 1984, the parent plat of the Inlet Woods Subdivision, Part One.
Kenaltze Easement &
Proposed Roadway
AtF-roguit,pir gfil. FArest Dr & Redoubt Avenue