ITEM TITLE:
Approval of Resolution #25-31 Releasing Public Access Interest in a 60 Foot Wide Easement That Extends North/South Along the Entire Western Side of Lot 5A Sleepy Hollow Addition No.4.
SUBMITTED BY: Paul Nylund - Senior Planner/GIS Technician
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Approve resolution #25-31 in order to release public access interest in the 60 Foot Wide Easement That Extends North/South along the entire Western Side of Lot 5A Sleepy Hollow Addition No.4.
SUMMARY STATEMENT:
Gas INC., the owner/operator of Captain Joe’s gas station, is looking to expand their car wash operation to the west of the already existing car wash bay. Currently there is an easement running north/south that extends 60 from the western boundary of the parcel on which the gas station exists (Lot 5A Sleepy Hollow Addition No. 4). The desired addition of the car wash would extend into the easement and would not currently be allowed. Gas Inc. is requesting that the City of Valdez release any public interest in the easement being used as a right of way, and that Gas Inc. be allowed to reduce the easement to 30’ in width and designate it as a utility easement.
The 60’ wide easement in question was established via plat #77-3 which was recorded in May of 1977 when the Sleepy Hollow Subdivision was created from parts of USS 635, USS 636, and Block 19 of Mineral Creek Subdivision. The nature of the easement was not specified on the plat, but it was referenced in the minutes of the Planning and Zoning Commission meeting on January 12, 1977, that “the road easements reserved on the map at 60 feet to conform to other streets in the area.” This interpretation was supported by Community Development staff in the attached memo from 1994, and current staff have concurred that there was an intention to use this easement for public access when it was platted, and in order to change the width of this easement this public interest must be formally vacated.
Gas INC. has obtained letters of non-objection from GCI, CVEA and CVT stating that the utilities are OK with the reduction of the easement to 30 feet in width adjacent to the western edge of the Captain Joe’s lot. The Planning and Zoning Commission voted in favor of approval to release the public interest in access across this easement at their public meeting on July 9th, 2025. If the resolution is passed by the council, Gas Inc will then be required to have the property surveyed and a plat or record of survey and easement document recorded which shows the width, location and conditions of the reduced width easement.
This action is in alignment with Plan Valdez, the City of Valdez Comprehensive Plan, specifically goal 3.2, Pursue a diverse and self-reliant economy. This goal is under the theme of Thriving & Sustainable Economy. Goal 3.2 states: Pursue a diverse and self-reliant local economy through working with local industries, workforce, education systems, entrepreneurs, and businesses to retain and attract businesses and residents who want to work and live in Valdez, year-round. Goal 3.2 Action A reads: Continue to work with and provide support for industries (both new and existing) to develop new opportunities that diversify and support the local economy.