CITY
OF HOMER
HOMER,
ALASKA
City Manager
RESOLUTION
10-48
A
RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, APPROVING A CONSERVATION
EASEMENT BETWEEN THE CITY, AS GRANTOR, AND THE STATE OF ALASKA, FOR THE CITY
OWNED LAND COMMONLY REFERRED TO AS THE “DIAMOND CREEK PROPERTY”.
WHEREAS, The Kachemak Heritage Land
Trust obtained a Forest Legacy Grant and raised a significant amount of money
from private donations to acquire two parcels owned by the University of Alaska
which contained large sections of the Baycrest Ski Trail
system; and
WHEREAS, The Parcels are identified
by Kenai Peninsula Borough parcel numbers 173-022-01 and 173-032-29 and the
legal descriptions are HM T06S R14W S09 SE 1/4 EXCLUDING THE W 1/2 SW 1/4 SE
1/4 SE 1/4 and
HM T06S R14W S10 SE1/4 & S 1/2 SW 1/4; and
WHEREAS, The Land Trust sought to
acquire these parcels because of their habitat values and the long history of
recreational uses in the general area; and
WHEREAS, The Forestry Legacy Program
rules provide that the land must be used for recreation, conservation, and general
forestry uses and this condition is contained on the property deed; and
WHEREAS, The Forestry Legacy Program
rules require that title to the land acquired with grant funds must rest with a
municipality and the Borough was not interested because it does not have
recreation powers; and
WHEREAS, The Homer City Council
accepted title to the property and designated it for a public purpose as park
land via Ordinance 07-03; and
WHEREAS, Forestry Legacy Grant
Funding was channeled through the State of Alaska, Department of Natural
Resources (DNR, the grant recipient) which makes DNR responsible for making
sure that the land is used for its intended purpose.
NOW, THEREFORE, BE IT RESOLVED that
the Homer City Council has reviewed the draft conservation easement and finds
that it is in the public interest for it to be adopted.
BE IT FURTHER RESOLVED that the
Council hereby approves the attached conservation easement and authorizes the
City Manager to execute the appropriate documents.
PASSED AND ADOPTED by the Homer City
Council this 14th day of June, 2010.
CITY
OF HOMER
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
______________________________
JO
JOHNSON, CMC, CITY CLERK
Fiscal
Note: N/A