HomeMy WebLinkAboutRES2025-052 Plat Note RemovalF
1
Sponsored by: Sorensen
CITY OF SEWARD, ALASKA
RESOLUTION 2025-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA RECOMMENDING KENAI PENINSULA BOROUGH
APPROVAL OF THE REMOVAL OF PLAT NOTE #4 FOR LOTS 15, 16,
17, 18, 19, 20, 21, BC1, BC2, BD1, BD2, BE1, BE2, BF1, BF2, CF1, CF2, CG1,
CG2, CP1, CP2, CQ1, AND CQ2 OF THE FOREST ACRES SUBDIVISION
AFOGNAK ADDITION
WHEREAS, the City of Seward has identified a community need for more residential
development and is actively taking steps to improve the availability of homes in the community;
and
WHEREAS, the development of the Forest Acres Subdivision Afognak Addition would
help fulfill the community need for more residential housing; and
WHEREAS, under normal conditions, infrastructure improvements would be accounted
for at the time of subdivision approval, per Seward City Code 16.01.015, 16.05.010, and
16.05.015; however, the properties subject to this Resolution were sold without the developer
having entered into a subdivision agreement with the city or installing the required roads, water,
sewer, and electric improvements; and
WHEREAS, the cost of providing such improvements is prohibitive for the property
owners to bear on their own and has prevented development of these lots; and
WHEREAS, on April 28th City Council initiated an Improvement District for the Forest
Acres Afognak Subdivision; and
WHEREAS, Seward City Code 14.20.025 allows the construction of on -site sewage
disposal systems if "no public sewer is available within 200 feet of any property line or boundary
upon which the structure to be serviced is located"; and
WHEREAS, the plat for the above -named lots has a restriction in plat note #4 requiring
all lots within the Afognak Addition to connect to public sewer facilities prior to development; and
WHEREAS, Seward City Council has determined that it is financially burdensome to the
property owners to require them to connect to existing public sewer facilities; and
WHEREAS, the City Council has approved the installation of private septic systems and
wells on these properties; and
WHEREAS, the City Public Works department will work with each of the property
owners to ensure proper installation of the septic systems; and
WHEREAS, property owners are required to connect to City water and sewer if water and
CITY OF SEWARD, ALASKA
RESOLUTION 2025-052
sewer lines are brought into the area at a future date.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. City Council recommends and approves the removal of the plat note restriction
on lots 15, 16, 17, 18, 19, 20, 21, BC1, BC2, BD1, BD2, BE1, BE2, BF1, BF2, CF1, CF2, CG1,
CG2, CP1, CP2, CQ1, and CQ2, which states, "4. All lots within this subdivision must be
connected to public sewer facilities prior to development."
Section 10. This resolution shall take effect upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th
day of June 2025.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES: Warner, Barnwell, Wells, Crites, Finch, Osenga, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk
(City Seal)
City Council Agenda Statement
Meeting Date: June 9, 2025
To: City Council
From: Kat Sorensen, City Manager
Subject:
Resolution 2025-052: Recommending Kenai Peninsula Borough Approval
to Remove Plat Note tt'l from lots 15, 16, 17, 18, 19, 20, 21, BC1, BC2,
BD1, BD2, BE1, BE2, BF1, BF2, CF1, CF2, CG1, CG2, CP1, CP2, CQ1,
and CQ2, Forest Acres Subdivision, Afognak Addition
Background and justification:
A subdivision agreement providing for the installment of necessary utilities for the Forest Acres
Afognak Addition was never entered into by the developer. Without such agreement, many of the
lots have remained undeveloped. A petition was submitted in December 2022 by the property
owners in the Forest Acres Afognak Addition Area and the City completed a report to examine the
requested improvements and their associated cost. A public hearing was held on March 28, 2023
and property owners representing 67% of the cost filed written objection to the Improvement
District, citing the high costs of installing water, sewer, power, and road improvements. City
Council unanimously voted to fail Resolution 2023-029 which would have approved an
Improvement District for the Forest Acres Subdivision.
On June 26, 2023, City Council approved Ordinance 2023-016, which amended Chapter 5.20
and created a pathway to finance an improvement district of a subdivision of privately owned
properties similar to how they fund the Developer Reimbursement Program.
On July 31, 2023, the City Clerk received another petition from property owners to form an
Improvement District in the Forest Acres Subdivision. Although there was a mechanism, the
city did not have any funds available. This effort was again voted down due to the costs of
utility installation that the property owners would have to bear.
Since that time, there have been a number of work sessions to discuss solutions for the property
owners in the area. At the latest Work Session on March 24, 2025, a thorough evaluation of the
cost of water, sewer, electric, and road improvements was discussed along with options for
development in the area. From those discussions, Council directed Administration to come back
with a plan that will:
- Allow wells for residents in that area only;
- Create a plan to make sure that development is orderly and no one inhibits an adjacent
property owner from developing;
- Work with property owners to remove the plat restriction on some properties that require
them to hook up to city sewer;
- Cover half the cost of road and electric installation;
- Force owners to hook up to City water and sewer if and when water and sewer lines are
brought into the area.
At the April 28, 2025 meeting, City Council initiated an Improvement District for the Forest Acres
Afognak Subdivision.
Seward City Code 14.20.025 allows the construction of on -site sewage disposal systems if "no
public sewer is available within 200 feet of any property line or boundary upon which the structure
to be serviced is located". However, there is currently a plat restriction on lots 15, 16, 17, 18, 19,
20, 21, BC1, BC2, BD1, BD2, BE1, BE2, BF1, BF2, CF1, CF2, CG1, CG2, CP1, CP2, CQ1, and
CQ2, which states, "4. All lots within this subdivision must be connected to public sewer facilities
prior to development." This restriction makes it unfeasible for property owners to install private
septic systems. This resolution recommends to the Borough that the city approve the removal of
this plat restriction. The Borough requires a recommendation to do so in an official capacity.
There will be a provision in the improvement district that once city water and sewer are brought
to the area, the property owner has two years to hook up, at the owner's expense.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.2.1, 3.3.1, 3.3.1.1
Strategic Plan:
Other:
Total amount of funds listed in this
legislation:
This legislation (V):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
x
$
Funds are (✓):
Budgeted Line
item(s):
Not budgeted
Not applicable
x
Fund Balance Information
Affected Fund (✓):
General
Boat Harbor
SMIC
Parking
Electric
Water
Wastewater
Healthcare
Motor Pool
Available Fund Balance
Other
$
Note: amounts are unaudited
Finance Director Signature:
Yes
Not
applicable
Attorney
Signature:
Comments:
s/ Sam Severin
Administration Recommendation
Adopt
Resolution
Other:
T1N R1W
E1/16 S28
S33
LS 5152
1991
ce)6\
c9
06 V.0
\)‘
N89°43'47''W 1320.09'
3„r17,r0.00S
co
707 0,
107.08'
707.06,
107.06,
100' Levee
1220.09'
/
/
/
/
/
/
/ A /
, v87 °46,4j
1.0
Unsubdivided
(I)
0
0
00
00
rn
0
0)
CD5'
100,00' 7
N 8 9 43'4 7V '
5
01
0
k
00
00
c)
Tract
0.944 Ac.
Levee'
/
20
35784 S.F.
/
/
/
/
/
/
21
61579 S.F.
325.85,
216 75
N87-46,43„
348.25'
247.21'
8
35702 S.F.
0 1\187°46-‘33,0,
48.28'
247,22
7 7
35703 $4".
S87°,46',3,rE
74,3.94'
1 6
36582 S.F.
Easement
T
100.06
AS
(r)
Easement
`s<
70)- C)))
Sal 72446 :33''E 408.95'
[S81°46'331 409.06]
co
(15'
9'
60.00'
f—goGZIV7d ONI&V38
[oo.caL] ,10 .§7 71
0
0
z
c5
TIN R1W
S28 S27
S33 S3//1
LS 7569
2002
33' Section
Line Easement
00
9'
Unsubdivided
C/
CN
CO
294.48' (294.56)
N89 *5701 "E
144.75'
CPS
20985 S.F.
9'
0
0
144.701- -
Jilty
0
rr
7 44.74'
CP2
20987 S.F.
5' R.O.W.
Dedication
Easement 144.75
EJ
(40')
( 4 0 ' )
40.00'
3„6l,f0.00S
o
50.00
z
0
0
0
3„61,r0.00S
c71
0
IV8905701 E 294.45' (EAST 294.50)
N8957101NE 294.44' (EAST 294.48)
r
4a
N
21
0
>IVN00 /V
144.69' Utility
CQ1
20936 S.F,
744.55'
9'
co
Easermen
144.75'
M„6c,00.00N
5' R.O.W,
Dedication
CO2
20976 SF
144.84'
9'
co
3„61,f0.00S
(r)
-Z‘
co co
50.00'
WASTEWATER DISPOSAL
Plans for wastewater disposal, that meet regulatory
requirements are on file at the Department of
Environmental Conservation.
CURVE DATA
NO.
RADIUS
DELTA
LENGTH
CHORD
BEARING
Cl
250.00'
4419'24"
1 .40'
188.61'
S22'05'59"W
C2
250.00'
24°18'03"
106.03'
105.24'
N1 2°05'18"E
C3
250.00'
20V1 '21 "
8736'
86.92'
N34015'00"E
C4
150.00'
4421'51"
116.15'
113.27'
S22'04'45"W
C5
250.00'
40'32'09"
176.87'
1 73.21'
S20°11 '54"W
C6
20.001
9817'37"
34.31'
30.26'
S49°04'38”W
F0RI-51 ACHFS
CI
634.41' (EAST 634.56)
145.00
5' R.O.W.
Dedication
29 . 3' (300 00)
CG1
21024 S.F
1 44 8' Utility
144.93'
002
21017 S.F.
5' R.O.W
Dedication
NOTES
1 Lots within this subdivision are subject to the City
of Seward's Zoning and Land Use Regulations.
2 UTILITY EASEMENTS: The front 10' along right-of-ways
and the front 20' within 5' of &de lot lines is reserved
as a Utility Easement. No permanent structure may be
placed or constructed within a utility easement which
would interfere with the ability of a Utility to use the
3 No permanent structures of any sort may be placed
on the Levee, or vegetation or fill added, which would
interfere with the ability of the levee to serve its
intended purpose.
4 All lots within this subdivision must be connected to
public sewer facilities prior to development.
5 The portion of these Lots within the Levee Easement
may contain ground slopes greater than 20%.
6 The Levee Easement within this subdivision was granted
by document; Book 103, Pages 227-231.
(40')
40.00'
(Ai R.O.W
4'v) (-L-4' Dedication
LEGEND
7 The portion of this subdivision within Section 34 was
patented in 1918 and is not subject to section line easements.
The portion within Section 33 was patented in 1930 and
is subject to a 33' section line easement, as shown hereon.
8 Portions of these lots within the Levee Easement may be
located within a designated flood hazards area; if
such is the case, development must comply with Chapter
15.25 of the City of Seward code of Ordinance A survey
to determine the elevation of the property may be required
prior to construction.
g Flood hazards zone boundaries shown hereon are per F.I.R.M.
020012-3255A, Dated May 19, 1981.
io The portion of this subdivision east of Afognak Avenue is subject
to a blanket utility easement, recorded in Book 16 Page 214.
11
This plat was granted an exception to KPB 20.20.180 for Tract A
by the Kenai Peninsula Borough Plat Committee at the meeting
of July 17, 2006.
FOUND 3 1/4” ALUMINUM CAP MONUMENT
FOUND REBAR & AL. CAP, LS3333 1977
FOUND REBAR & PL. CAP, LS7569
CO SET 5/8x24" REBAR & PL. CAP LS 7569
WITNESS CORNER SET ON LEVEE EASEMENT LINE
(300.00) RECORD DATA PLAT 78-4
Doi .06] RECORD DATA PLAT 2005-3
APPROXIMATE FLOOD HAZARDS ZONE
BA
BOUNDARY (SEE NOTES 8&9)
Easement 144.967
N8957 01 'E 299.94' (EAST 300.00)
N8957101”E 299.94' (EAST 300.00)
H1HON) ,90°g6
20'
0
50.00'
01
707.79'
(-8 BC7
(Y)-1
A/
N89°59'27nE 440.32' (EAST 440 00)
107.48' 107.61' 107.44'
BC2
20470 S. F. °0.20,1 20424 SF.
20428 S.F
707.57' Utility6Easement 107.57
COTTONWOOD STREET
00
co
60.00'
CS
33' Section
Line Easement
294.40' (294.42)
CO
N89"59'22"E
C/
h1„61,10.00N
6'1
00
(40')
(00.0g H.12JON)
40.00'
144.97' u ility
----,1 CF1 ._,
21014 S.F., Pi
1 -
5' P.O.W.
Dedication
Easement 144.97' I,
5) R.O.W,
Dedication
, CF2 ,
d 21041 SF.
Nt
144.89'
145.06'
634.35' (EAST 634.42)
CD
CB
299.95
( 3 0 0. 00)
CF
ACRI-S
CA
ASH STREET
( 4 0 ' )
40.00'
N8957'01"E 440.37' (EAST 440.00)
N8957'01"E 440.39' (EAST 440.00)
BD1
00
f3D2
20403 S.F.
5' R.O.W.
Dedication
107,57'
710.01'
105.21'
Utility
Easement 107.60'
107.56
5' R. O. VV.------r;'
Dedication
co
..
q
y5
BE?
20396 SF.
R.O.W.
'''z'
n
--s.
-,0
0,.)
8E2
20408 S.F.
,
Go
czi
'
BF1
00
,c3'
20524 SF. *op
c,
-
BF-2
20,384 SF.
00
" Dedication
104.78'
1 09.76'
108.64'
707.26'
S89°55'33"W
B/
440.44'
8G-1
(EAST 440 00)
BC 2
PLAT APPROVAL
This plat was approved by the Kenai Peninsula Borough Planning
CorMmission at the meeting of:
01
(40')
AS
AQ
AO
AN
AL7
AK
28
THIS
\ -,\- •':-----,I,L - 7'
4,4\27
--r-i
o
0
-1
33
%,..1,v,
,--7-),,-/7/
'
3s\
7-1N R1 W\
ar4/AZ-9
-17/ \-,-
T1S R1 W
VICINITY MAP
99
= 1 MILE
CERTIFICATE OF OWNERSHIP AND DEDICATION
We hereby certify that
shown and described
plan of subdivision,
right-of-ways by our
we are the owners of the real property
hereon and that we hereby adopt this
and grant all easements and public
free consent.
OWNER: LOTS BC,BD,BE,BF,CF,CG,CP&CC)
FOREST ACRES SUBDIVISION
STEVEN A. scH0,' R, CORPORATE SECRETARY
AFOGNAK LOGGING, A DIVISION OF KODIAK LUMBER,LTD.
P.O. BOX 610
SEWARD, ALASKA 99664
NOTARY'S ACKNOWLEDGMENT
FOR
`222
SUBSCRIBED AND SWORN TO BEFORE ME THIS
DAY OF .C7 , 20 4,
NOTARY FOR ALASKA
MY COMMISSION EXPIRES
KW%
lf-U
W, V.'. •••:: *
44n".4*-9
1/4 SEC
/ le Of
SECTION 33, TIN,
OWNER: NE 1 /4i, of the NE
R1W, S.M.
STEVEN A. CHAFER, CORPORATE SECRETARY
AFOGNAK CONSTRUCTION & EXCAVATING, INC.
P.O. BOX 610
SEWARD, ALASKA 99664
.iNtD-.ARYS ACKNOWLEDGMENT
FOR --)
SUBSCRIBED AND SWORN TO BEFORE ME THIS
DAY OF A-i-tA , 20
NOTARY FOR ALASKA
SURVEY
( k
MY COMMISSION EXPIRES
R'S CERTIFICATE
I hereby certify that; I am properly registered and licensed
to practice land surveying in the State of Alaska, this plat
represents a survey made by me or under my direct supervision,
the monuments shown hereon actually exist as described, and
all dimensions and other details are correct to the normal
standards of practice of land surveyors in the State of Alaska.
DATE
11 HO
Requested By
C 14 0r- F it:L,-
Address
0 : 49th'
0 , ',,
0 ..stse./..'4....-s.s..-...,,-..S...s......s. sol
0 cc' Nicholas Cline/
0
0 S-7569 :.,7 rst la s PESS I ONPA- .440
-.11%1111111410°
FOR ES T A CR E
AFOGNAK ADDITION
A SUBDIVISION OF:
LOTS BC,BD, BE, BF, CF,CG, CP & CO
FOREST ACRES SUBDIVISION, PLAT 17
A BOUNDARY SURVEY OF FOREST ACRES SUBD., PLAT 78-4
AND A PORTION OF THE NE 1/4 OF THE NE 1/4 SECTION 33
LOCATED WITHIN THE NE 1/4 SECTION 33
AND THE NW 1/4 SECTION 34
TOWNSHIP 1 NORTH, RANGE 1 WEST
SEWARD MERIDIAN, ALASKA
CITY OF SEWARD
SEWARD RECORDING DISTRICT
CONTAINING 16.214 ACRES
CL NE AND ASSOCOATES
LAND SLRVEYOS
416 4th AVENUE PO BOX 27.03 SEWARD, At 99664
(907) 224-7324 FAX (907) 224-6088
AFOGNAK ACRES NUMBER 1
Borough Official
DATE: 08/07/06
SCALE: 1"----60'
DRAWN: WNC
F.D. BK.: 05-11 /06-03
DRAWING NO.: 05-96FP K.P.B. FILE #: 2006-065