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HomeMy WebLinkAboutRes2003-086 Sponsored by: Planning and Zoning Commission I 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. I 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 I 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 ~?7~ Stu Clark, Mayor I I I 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 \\\I1IU"'....,. ~'~t)(jJeal):: ;,;,:,~"~>. .... ~"{ ........ ")lA' ,.. ~ c} ....(;t\?Oi~.;..,. 1(, '~ ~ .'';;''u #\<..~. ~ ~ :"1 ___ 0', .. - : ~ .. .. . (."'tE h T . .~ : .: ....' ";f'l.W : 0 ::: - : : .- .. . . eq .. . ----- . .. ... . . .. ~ ,n....::'v~.".1 .Cj"~"'l~ $ ....-~ .,'Y"" '.' .~_ .. "''';'':~O;;l ;\,~~.......... 11'''1111\\' 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. th 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 Page 2 of 3 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. Page 3 of 3 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.