HomeMy WebLinkAboutRes2003-086
Sponsored by: Planning and Zoning Commission
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CITY OF SEWARD, ALASKA
RESOLUTION 2003-86
A RESOLUTION OF THE CITY COUNCIL OF SEWARD,
ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH
APPROVAL OF A VACATION OF RIGHT-OF-WAY OF THE
UNDEVELOPED ALLEY ALONG THE EAST BOUNDARY OF
TWO LAKES PARK AND THE UNDEVELOPED PORTION OF D
STREET ON THE EAST BOUNDARY OF TWO LAKES PARK
ABUTTING THE APPLICANT'S PROPERTY (DON ENNIS) AND
THE TRADE OF THE EAST PORTION OF CITY OWNED LOT 7,
BLOCK 16, FEDERAL ADDITION TO SEWARD, HAVING A
WESTERNMOST BOUNDARY AT THE TOP OF THE RIDGE
CREST, IN RETURN FOR WHICH THE CITY WILL RECEIVE
THE WEST PORTION OF LOTS 3 AND 4, BLOCK 22, FEDERAL
ADDITION TO SEWARD, HAVING AN EASTERNMOST
BOUNDARY AT THE TOP OF THE RIDGE CREST, AS SHOWN
ON THE PRELIMINARY PLAT AS TRACT B.
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WHEREAS, the applicant, Don Ennis, has requested that the City Council and
Kenai Peninsula Borough approve a vacation of right-of-way of the undeveloped alley
along the East boundary of Two Lakes Park and the undeveloped portion of D Street on
the East boundary of Two Lakes Park abutting the applicant's property and the trade of
the East portion of City owned Lot 7, Block 16, Federal Addition to Seward, having a
Westernmost boundary at the top of the ridge crest, in return for which the City will
receive the West portion of Lots 3 and 4, Block 22, Federal Addition to Seward, having
an Easternmost boundary at the top of the ridge crest, as shown on the preliminary plat as
Tract B; and
WHEREAS, this will allow the applicant to build closer to the hillside and will
increase his landholdings, property value and the enjoyment of his property; and
WHEREAS, these portions of the alley and D Street are undeveloped because of
steep topography; and
WHEREAS, this would provide more land for Two Lakes Park and allow the
City to move closer to replatting all of Two Lakes Park into one parcel as requested by
the Commission at their joint work session with Council, May 2002; and
WHEREAS, the applicant shall pay for the surveying, title work and other
closing costs as necessary; and
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WHEREAS, this action is consistent with the Comprehensive Plan, the Strategic
Plan and the Municipal Lands Management Plan; and
CITY OF SEWARD, ALASKA
RESOLUTION 2003-86
WHEREAS, the public notification process has been complied with; and
WHEREAS, in accordance with the Seward City Code, the Planning and Zoning
Commission held a public hearing on the vacation of right-of-way, preliminary plat and
exchange of land at their August 5th, 2003 regular meeting and passed a resolution
recommending Council approval of this action; and
WHEREAS, in accordance with the Seward City Code, the City Council of the
City of Seward Alaska held a public hearing on the vacation of right-of-way, preliminary
plat and exchange ofland at its August 25th, 2003 regular meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD ALASKA, that:
Section 1. The City Council finds that it is in the best interests of the City of
Seward to recommend Kenai Peninsula Borough approve the applicant's request for a
vacation of right-of-way of the undeveloped alley along the East boundary of Two Lakes
Park and the undeveloped portion of D Street on the East boundary of Two Lakes Park
and the trade of the East half of City owned Lot 7, Block 16, Federal Addition to Seward,
having a Westernmost boundary at the top of the ridge crest, in return for which the City
will receive the West half of Lots 3 and 4, Block 22, Federal Addition to Seward, having
an Easternmost boundary at the top of the ridge crest, as shown on the preliminary plat.
Section 2. The text on the plat stating "top of the rock crest" shall be changed to
"top of the ridge crest".
Section 3. The name of the plat shall be changed from "Two Lakes Park
Subdivision" to "EnnislBencardino/Carlson Replat".
Section 4. This resolution shall take effect thirty (30) days following passage and
posting, as required by law.
PASSED AND APPROVED by the City of Seward Alaska this 25th day of August,
2003.
THE CITY OF SEWARD, ALASKA
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Stu Clark, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION 2003-86
AYES:
NOES:
ABSENT:
ABSTAIN:
Shafer, Branson, Dunham, Orr, Valdatta, Amberg, Clark
None
None
None
ATTEST:
C~~ilJ-( .'()J_~v~ '
Jean Lewis .\~~ <y,<...-t-c'~-'~
City Clerk
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Council Agenda Statement
Meeting Date: August 25, 2003
Through: Phil Shealy, City Manager
From: Malcolm G. Brown, Planner
Agenda Item: An exchange of land involving a partial
vacation of right-of-way of an undeveloped alley and an
undeveloped portion of D Street on the East boundary of
Two Lakes Park, in return for which the applicant (Don
Ennis) will exchange with the City portions of two lots
adjacent to Two Lakes Park, as shown on the preliminary plat
as Tract B.
BACKGROUND & JUSTIFICATION:
Attached for the Council’s review is Resolution 2003- recommending City Council
approval of a vacation of right-of-way of an undeveloped alley and an undeveloped
portion of D Street and the trade of the East portion of City owned Lot 7, Block 16,
Federal Addition to Seward. The City will receive the West portion of Lots 3 and 4,
Block 22, Federal Addition to Seward shown as Tract B on the preliminary plat.
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This has been approved by the Planning and Zoning Commission at their August 5
meeting. For many years, the Commission has wanted to move forward with this
activity, as it will increase the City’s land holdings in Two Lakes Park. This will help the
City move closer to the replatting of Two Lakes Park, as requested by the Commission
most recently at their joint work session with Council, May 2002.
The applicant, Don Ennis, is requesting this trade because it will increase his land
holdings and move his rear property and setback lines and allow him to build closer to the
steep hillside on the back of his land. It will also allow him to consolidate his land more
to the East, and not extend into Two Lakes Park, as the uphill portion is inaccessible to
him.
The City would benefit from this trade because the undeveloped portion of D Street and
the alley abutting the applicant’s property are too steep for development as rights-of-way.
Receiving the portions of Lots 3 and 4, Block 22, Federal Addition to Seward, starting at
the top of the ridge crest, will increase the City’s land holdings within Two Lakes Park.
Additionally, City owned Lot 27, Block 3, Laubner Addition to Seward will have a lot
line vacation with the newly formed Tract B to the South and will have a twenty (20) foot
wide public access easement to the remaining portion of the alley in the uplands of Two
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Lakes Park. This easement will be created by plat note and will continue to allow legal
access to the alley.
The applicant will pay for the survey, title work and other costs associated with the
platting and transfer of land. The City will have no costs associated with this transaction.
The preliminary plat is named “Two Lakes Park Subdivision”. This name is
inappropriate for this platting action. This name should be saved for the subdivision
which will eventually be created by vacating the lot lines and right-of-ways within Two
Lakes Park. A more appropriate name would be “Ennis/Bencardino/Carlson Replat”.
As required by the City Code, neighboring property owners within 300 feet of the area
were notified of the proposed vacation of right-of-way and trade of land.
SCC 7.05.115 Definitions:
“Acquisition” means to obtain ownership or interest in and to hold real property within or
outside the city boundaries by purchase, gift, donation, grant, dedication, exchange,
redemption, purchase or equity of redemption, operation of law, tax or lien foreclosure,
adverse possession, condemnation or declaration of taking, annexation, lease or by any
other lawful means of conveyances.
“Disposition” means the transfer of city interest in real property by warranty or quitclaim
deed, easement, grant, permit, license, deed of trust, mortgage, contract of sale of real
property, plat dedication, lease, tax deed, will or any other lawful method or mode of
conveyance or grant.
CONSISTENCY CHECKLIST:
Yes No
1. Comprehensive Plan (1990) X ____
The Comprehensive Plan encourages the designation of additional park and recreation
areas in conjunction with the completion of a Parks and Recreation Master Plan.
2. Strategic Plan (1999) X ____
The Strategic Plan encourages completion of the Two Lakes Park improvement plan as a
supporting task for developing and improving public playgrounds.
3. Municipal Lands Management Plan (1995) X ____
The Municipal Lands Management Plan encourages vacation of streets, alleys and
interior lot lines in order to create a single large Park parcel for Two Lakes Park.
FISCAL NOTE:
This project will have no cost to the City, other than staff time.
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Approved by Finance Department:_________________________________________
RECOMMENDATION:
Council approve Resolution 2003-86, recommending Kenai Peninsula Borough approval
of a vacation of right-of-way of the undeveloped alley along the East boundary of Two
Lakes Park and the undeveloped portion of D Street on the East boundary of Two Lakes
Park abutting the applicant’s property (Don Ennis) and the trade of the East portion of
City owned Lot 7, Block 16, Federal Addition to Seward, having a Westernmost
boundary at the top of the ridge crest, in return for which the City will receive the West
portion of Lots 3 and 4, Block 22, Federal Addition to Seward, having an Easternmost
boundary at the top of the ridge crest, as shown on the preliminary plat as Tract B.