HomeMy WebLinkAboutRes2011-002 Sponsored by: Staff
Sam
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2011 -02
RESOLUTION 2011 -02 OF THE SEWARD PLANNING AND ZONING
COMMISSION, CONDITIONALLY RECOMMENDING APPROVAL OF
THE STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND
PUBLIC FACILITIES, MILE 0 TO 8, RIGHT -OF -WAY ACQUISITION
PLAT
WHEREAS, on or about December 9, 2010, the State of Alaska Department of
Transportation and Public Facilities (DOTPF) submitted a preliminary right -of -way acquisition plat
to the City of Seward for review and consideration pursuant to Kenai Peninsula Borough ( "KPB ")
code 20.04.080; and
WHEREAS, the Kenai Peninsula Borough (KPB) is the platting authority for the Kenai
Peninsula and KPB code 20.04.080, Right -of -Way Acquisition Plat, establishes the process for final
approval of all government agency's right -of -way acquisition plats; and
WHEREAS, the approval procedures for right -of -way acquisition plats under KPB code
20.04.080 are not subject to any other plat approval procedures and differ from other preliminary and
final platting procedures; and
WHEREAS, KPB code 20.04.080.C3 requires review by the City of Seward Planning and
Zoning Commission of right -of -way acquisition plats located within the boundaries of the City; and
WHEREAS, this proposed final right -of -way acquisition plat provides a visual
representation of the Seward Highway 0 -8 project which was constructed during the 2006 building
season; and
WHEREAS, the portion of the proposed DOTPF 0 -8 Seward Highway Right -of -Way
acquisition plat from Mile Zero to the north city limit line of the Seward Highway is located within
the City Limits of Seward, and therefore the Commission must review and comment on pages R1
through R25 in accordance with KPB 20.04.080C.3; and
WHEREAS, the City of Seward holds numerous utility easements, including but not limited
to water, sanitary sewer, and electric utility easements, within the boundaries of this Right -of -Way
acquisition project which are not depicted in the proposed plat submitted by the State for final
approval; and
Seward Planning and Zoning Commission
Resolution 2011 -02
Page 2 of 3 ,,,,,,,
WHEREAS, the portion of the DOTPF 0 -8 Seward Highway Right -of -Way plat from the
north city limit line to Mile 8 contains City of Seward electric infrastructure and numerous
easements; and
WHEREAS, KPB code 20.04.080.D Survey and Monumentation Requirements, provides the
minimum monumentation requirements for this replat; and
WHEREAS, this replat also notes in several places that all monumentation disturbed or
destroyed during the construction of the Seward Highway Project shall be re- established; and
WHEREAS, per KPB Planning Commission Resolution 78 -6, all easements of record shall
be shown; and
WHEREAS, several referenced street names on the preliminary right -of -way acquisition plat
are incorrect and should be corrected; and
WHEREAS, page R11 of the preliminary right -of -way acquisition plat improperly states that
the DOTPF will acquire a slope easement, noted as Parcel E -1, from the City; and
owl
WHEREAS, no subdivision installation agreement is necessary, and the construction of the
public Right -of -Way has been completed.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends the Kenai Peninsula Borough approve the State of
Alaska Department of Transportation and Public Facilities Mile 0 to 8, Seward Highway Project
Right -of -Way Acquisition Plat, project number NH- 031- 1(26), dated September 28, 2001 subject to
the following recommendations and conditions:
1. Physically re- establish all monuments that were destroyed during the work of the
project, as noted in note number 1 on page R48 through R51.
2. Monument the Right -of -Way, per KPB code 20.04.080.D.1.
3. Update and portray all adjoining lands to current status.
4. Depict all easements of record on the plat, per Borough Planning Commission
Resolution 78 -6, including but not limited to city water, sanitary sewer, and electric
utility easements. mid
Seward Planning and Zoning Commission
Resolution 2011 -02
Page 3 of 3
5. Request and allow further review and comment by the City Electric Department for all
area north of the City Limit line to Mile 8 of the Seward Highway.
6. Correct the referenced street names of Cottonwood to Sea Lion Avenue and Leirer
Boulevard to Phoenix Road.
7. Remove or correct the note on page R11 referencing an incorrect taking of City
property, noted as E -1.
8. Upon final approval and recording the State of Alaska provide a conformed copy of
the final right -of -way acquisition plat to the City of Seward, Community Development
Department.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 1 day of
February 2011.
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES: Morgan, Seabury, Butts, Heinrich, Roach'
NOES: None
ABSENT: Ecklund
ABSTAIN: None
VACANT: One
ATTEST:
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Js, anna Kinney, CMC " r.
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