ITEM TITLE:
Approval of recommendation to City Council for Releasing Public Access Interest in a 60 Foot Wide Easement That Extends North/South Across 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 recommendation to City Council for releasing public access interest in the 60 Foot Wide Easement That Extends North/South Across 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 they are 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 confirmed 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 do note object to the reduction of the easement to 30 feet in width adjacent to the western edge of the Captain Joe’s lot. City Council must vote to decide to release the city’s interest in the access portion of this easement. After the commission decides on the recommendation, this item will be brought forward to the Valdez City Council in the form of a resolution. If the resolution is passed by the council, Gas Inc will then be required to have the property surveyed and a plat recorded which shows the width and location of the reduced width easement.
This action is in alignment with Plan Valdez, the City of Valdez 2021 Comprehensive Plan 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.