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HomeMy WebLinkAboutRes1976-952 r ATTACHED TO AND HADE A PART OF THE HINUTE' OF THE SE:~ARD CITY COUNCIL - VOLUME 17 J;'A.GE 74 CITY OF SEWARD, ALASKA RESOLUTION NO. 952 A RESOLUTION REQUESTING THAT THE UNITED STATES GRANT AN EASEMENT OR PERMIT TO ALLOW THE CONTINUED EXISTENCE OF THE ROAD IN THE RESURRECTION RIVER RECREATION AREA ALLOWING ACCESS TO EXIT GLACIER WHEREAS, it is in the public interest to allow continued and improved access along the presently existing road along the Resurrection River to Exit Glacier to allow access to that area for the purposes of recreation, and WHEREAS, the City of Seward has the legal authority to apply for a right-of-way easement or permit to provide access to recreational areas outside of the City boundaries (See A.S. 29.48.010(9) and A.S. 29.48.030(15)). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The City of Seward hereby applies for and requests that the United States issue a right-of-way easement or permit to allow continued public recreational access to the Resurrection River and Exit Glacier areas, along the presently existing road, and to allow maintenance and improvement of that road. Section 2. The Memorandum of Understanding, proposed by the United States Department of the Interior, Bureau of Land Management, and attached to this resolution, is approved and accepted. The final Memorandum of Understanding, as it exists at the time of the issuance of the permit, shall be brought back to the City Council for approval if it contains any substantial changes. Section 3. The City Manager and City Attorney are authorized to prepare and execute all applications and supporting documents on behalf of the City of Seward, and file these with the appropriate federal agencies, in order to obtain the necessary right-of-way easement or permit. Section 4. This resolution takes effect immediately upon passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 26th day of July , 1976. ~'" -,---- r"' ..,....,...,.,.~"t"',.,....,....".,..,..,.,..".~ AYES: NOES: ABSENT: ATTEST: CITY OF SEWARD, ALASKA f(:JJ A- A(e.'/ Richard A. Neve' - Mayor AINSWORTH, GILLESPIE, HULM, MOTT, OLDOW AND NEVE' NONE DIECKGRAEFF ,- (\ ,! , ,-, I. ,1 ~ \.~J~L \J"{"L- ( ,~jlct ),,-,t.j.J,___ JbAnne E. Shanley, DeputfJ City Clerk-Treasurer (City Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Att~rneys for the City of seway ,,: ( (-')._ By~- ' 'fiJv'vvcti~\r- I'-' K neth P. Jacobus ( [/V~O~j k~, \ / / ;' -2- r PROPOSED t1Et10RAlIDUtl OF,lJtl[)[RSTMHHrIr. CONDITIOUS OF EXIT (;LACIER ROAD RIGJ:T -OF-Hf\Y PERtlIT I The purpose of this f1emorandum of Understanding is to set forth conrlitions under which thc IJc[Jartr1ent of the Interior l'lill consirler of issllinC] a riC]ilt-of-way pern1it for the presently unauthori zed road on D-2 wi thdral'm 1 ands. " HHERFAS the City of SC\'Ii\rd did construct and nartially cOMnlete a road to Exit Glacier in the Resurrcction River valley on lflnds witlldral.rn hy PLO 5170 lindeI' section 17(d)(2) of the f\.laska flative Claims Settlement Act as a part of the rO[lC>sed Hardinfj Icefield-I~enai Fjords National t.lonuJ1lent ann PO\'ler Site Clas- ification withdra\'lal, nUMber PSC 40:'\, l'Jithout necessary pemits, and I~HEREAS the rlational Pilrk Service identifies said road in its Environmental Impact Statement for the proposed Harding Icefield-Kenai Fjords fliltional tlonllment, and WHEREAS the Bureau of Land Milnaqement has the rnananeJ1lent responsibility for enforcinCl trespass action and issuing riqht-of-way permits, and HHEREAS this is recoqnized as a special case and this action \'lill not set a precedent) ilnd WHEREAS the ConQress of the United States will make the final disposition of this land, and WHEREAS the Bureau of Land Management has consulted with the Rureau of Outdoor Recreation, the U.S. Forest Service, the National Park Service and the Fish and Wildlife Service, and WHEREAS all parties agree that this matter Should be resolved; THERrFORE be it understood by the flureau of Land f1anaC]ement and the City of Seward that: The Ci ty of Se\'lard shall apply for a ri 'lht-of-~lay permi t, and That, subject to the followin9 conditions, the Rureau of Lanrll1ilnaQement will reguest Secretarial aprroval for said riaht-of-way. Genera 1 : I, Any right-of-way will be subject to 43 eFR 2801.1-5 and suc~ other snecial s~ipulations as are herein set forth. 2. The project vlill be suhject to the National EnvironrJental Policy {lct and arrropriate State of Alaska statutes. An environnental analysis will he completed prior to the additionill construction. r-~- - 2 3. Road construction will he in accordance with the State of Alaska standard specifications for hiqhway construction, dated 1972. The hridCJe ~lil1 meet or exceed 20-year flood standards. 4. Subject to future aqreement bebleen the management agency desirlOatpd by Congress and the City of Seward, the City of Seward shall relinquish or vacate the road. 5. The City of Se~/ard shall assul'1e and the Uni ted States shall be rel ieved of all legal responsibilities associated with the construction, maintenance, and use of the road if requested by the manaqinq aqency. On 1y tenpora ry i rlprOVerlen ts on or a10nq the ri ght-of-way s ha 11 be pemitted. Notice or plans for these shall be submitted to and approved by the Bureau of Land Management prior to construction. 7. The D-2 area shall he closed to all off-road vehicles except that snowI'1obi1es may be permitted subject to control based on plans developed hy the Bureau of Land Management. The City of Sewa rd ~Ii 11 : 1. Assume"all road maintenance responsibilities that are needed to keep this road in serviceable and safe conditions. 2. Assume the responsibility of litter control, trash pickup and sanitation along the road by the placel'1ent of trash recertacles and approved sanitary facilities. 3. Assume the responsibility for the posting and maintenance of siqns along the road informing the visitor of the rules, regulations and hazards that are associated with the use of the road.' All signs will be provided or approved by the Bureau of Land Management. It is mutually understood by the Bureau of Land t1anaqemen: and the City of Se\vard that the concepts or stirulations set forth in this mef110randurl are sllhject to 'view and modification prior to the issuance of the right-of-~ay rerl'1it. It is Irther understood that public use of the Exit Glacier area will he regulated, ,~stricted or eliminated if unacceptable environmental impacts are identifiud or for other reasons it is deemed necessary for the puh1 i c Clood. The flureau of Land l1anaqel'lent \li11 unilaterally Plake any decisions regardinCj the need to regulate, restrict, or eliminate public use.