Memorandum 17-054 Private Access Easement on Homer Spit

Memorandum 17-054

TO:  MAYOR ZAK AND HOMER CITY COUNCIL

FROM:   KATIE KOESTER, CITY MANAGER      

DATE:   MARCH 22, 2017           

SUBJECT:  RECOMMENDATION TO GRANT A PRIVATE ACCESS EASEMENT ON THE HOMER SPIT

Land’s End Acquisition Corporation is requesting a limited private access easement for the purpose of providing pedestrian emergency egress from the Land’s End Quarter Deck on the second floor and the Chart Room on the first floor.

In the spring of 2017, coastal erosion threatened the emergency egress stairways on the north wall of their building.  The pilings that support the stairways need to be rebuilt, this time directing the stairways to land more inland.

However, the north wall of the Land’s End Building is 0.1 feet, or 1-2 inches from the property line, not enough room on private property to direct the stairways inland.  If approved, this easement would provide a 5 foot wide by 35 foot long egress easement to allow the construction of two new stairways.

Land’s End Acquisition Corporation has agreed to cover all survey and legal expenses needed for this easement.  Land’s End Acquisition Corporation would hold harmless the City and is responsible for all the construction and maintenance of the stairways.  The City would also retain the right to re-locate or terminate the easement with a 90-day notice.

Recommendation:

Authorize the City Manager to negotiate and execute the appropriate documents for a revocable, private pedestrian easement along the north wall of Land’s End Hotel.  The 5 foot wide by 35 foot long easement is limited to provide pedestrian emergency egress only.  Two legal descriptions maybe involved:

T 6S & 7S R 13W SEC 13 22 24 27 33 35 01 & 14 Seward Meridian HM 0770064 ALAS KA TIDELANDS SURVEY 612 THAT PTN LYING WITHIN SEC 13 & 14 & 22 THRU 24 & 26 THR U 28 & 33 THRU 36 OF T6S & WITHIN SEC 1 & 2 OF T7S EXCLUDING THAT PTN OF TIDELAN DS VESTED TO STATE OF ALASKA & EXCEPT TR A HOMER SPIT SUB NO TWO (HM910003), which serves as a public parking area and the uplands which also serves as a public parking area:

T 7S R 13W SEC 1 Seward Meridian HM 0930049 HOMER SPIT SUB NO 6 VELMA'S ADDN LOT 45-B.

Att:  Exhibit A, B & C