HERITAGE LAND BANK STAFF REPORT Case 2021-14

PREPARED FOR THE HLB ADVISORY COMMISSION

Action: Disposal by Intragovernmental Permit Hearing Date: November 19, 2021 Subject Location: A portion of HLB Parcel 3-042 Prepared By: Shelley Rowton, Land Management Officer Summary

Proposal Summary: Staff proposes execution of an intragovernmental permit (IGP) for utility access on a portion of HLB Parcel 3-042.

Applicable Regulations & Standards: AMC § 25.40.025 provides authority for disposals.

2021 Work Program Amendment Required: No. Amendment is required only in the case of “land sale activities” (AMC § 25.40.020B). Disposals of a partial interest, such as an IGP is not a land sale activity.

Summary Recommendation: Staff recommends approval of this resolution (Appendix B).

Background Information

Parcel ID: 007-261-01

Parcel Location: HLB Parcel 3-042, legally described as North one-half of the North-East one-quarter of the North-East one-quarter (N2 NW4 NW4) of Section 35, Township 13 North, Range 3 West, Seward Meridian.

Acquisition Information: State of Alaska Patent 6258 dated December 29, 1981 (Appendix C).

Parcel Size: Approximately 80 acres. IGP area is approximately 56,800 square feet (1136’ x 50’).

Existing Conditions: Property is currently used for proposed use. Multiple easements for water and electric run through the property.

Current Land Use: Zoning is Public Lands & Institutions. The proposed Northeast Connector Trail will run through the property, crossing the proposed IGP, and is depicted on the figure in this staff report. There will be a future disposal action requested for that trail.

Surrounding Land Use: Adjoining property is vacant park land to the east, AWWU water storage to the south, Tudor Road to the north, and Benny Benson Middle School to the west. Also located on 4-034 is the Tony Knowles Coastal Trail.

Adopted Land Use Plan: The Anchorage 2040 Land Use Plan future use designation for this parcel is Community Facility or Institution, and this is supporting infrastructure to that use.

Public Utilities and Services: All utilities are available in the area.

Public Notice

Notice was posted on the property on Wednesday, August 25, 2021. Notices were mailed to 134 neighboring parcels on Thursday, August 19, 2021 within the requisite 14 days found in AMC § 25.40.030C. HLB’s regular email list received notice of an agenda inclusive of this item on Thursday, November 4, 2021.

Project Description

HLBAC Case 2021-14 Page 2 of 3 HLB Parcel 3-042 November 19, 2021

Analysis and Conclusion

This action is the formalization of an existing road that may have been a Department of Army Permit at one time (DACA). A search by JBER USACE Staff did not result in any documents. However, AWWU has used this area to access their water storage on an adjoining parcel for many years, and any other utility or public use will require use of this access point. Therefore, staff recommends formalizing this access in anticipation of future uses.

Agency Review

Anchorage Police Department: APD has no interest or objection. (Stephen W. Miko, Resource Officer)

MOA Port of Alaska: No interest. (Steve Ribuffo, Port Director)

MOA Project Management & Engineering: No comments. (Kent Kohlhase, Director & Municipal Engineer)

SOA DOT&PF: DOT&PF requests that land that underlies existing DOT&PF ROW in the proposed lease area be dedicated to highway use as DOT&PF has a public purpose need for this land. DOT&PF understands that this will produce a 250’ wide area of dedication south of the section line that Tudor Road is centered on. Please see Anchorage Recording District Plat 96-145 for similar scenario and dedication with another CEA substation located farther west on Tudor Road.

HLB Response – lease is not being pursued in this action.

DOT&PF has been working with the Municipality of Anchorage Parks and Recreation Department and Heritage Land Bank to plan for and construct the CFHWY00387 Foothills Connector Phase II pathway project. Please note that this pathway project, which is fully designed and is presently pending construction, crosses and is located within the southern half of the proposed lease area. DOT&PF requests that the lease area be modified to eliminate any overlapping lands.

HLB Response – lease is not being pursued in this action.

DOT&PF notes that subject lands were transferred to the State of Alaska through the Recreation and Public Purposes Act, and therefore contain a clause that allows reverter of ownership to federal ownership if the Department of the Interior does not determine that a proposed use provides benefit to the adjoining park. DOT&PF requests that HLB share copies of BLM concurrence obtained for the proposed action as DOT&PF operates facilities elsewhere within the larger RPPA-conveyed parcel and DOT&PF therefore wishes to ensure that BLM cannot trigger the reverter clause.

HLB Response – another use is not being pursued in this action and concurrence is not required.

Finally, please note that several federal authorization (sic) exist within the proposed lease parcel (AA-8320, AA-6724, etc.) that may affect HLB planning and decision making. (James Sowerwine, Project Coordination Supervisor)

HLB Response – lease is not being pursued in this action.

Scenic Foothills Community Council: This segment of land has been designated for use by the Municipality in the building of a connector trail from Regal Mountain Road to the Campbell Airstrip Road. (Karen Williams, Publicity Chair)

HLBAC Case 2021-14 Page 3 of 3 HLB Parcel 3-042 November 19, 2021

HLB Response: Any use of 3-042 will proceed with an appropriate buffer to the Northeast Connector Trail.

Recommendation

Staff recommends approval of this resolution. As evidenced by agency review responses, there is no current or future municipal use identified, aside from the essential government function of access to vital existing and potential utility infrastructure.

Appendices: A – Location Map B – HLBAC Resolution 2021-14 C – State Patent 6258

Appendix A

APPENDIX B

MUNICIPALITY OF ANCHORAGE

HERITAGE LAND BANK ADVISORY COMMISSION

HLBAC RESOLUTION 2021-14 A RESOLUTION OF THE HERITAGE LAND BANK ADVISORY COMMISSION RECOMMENDING APPROVAL OF THE NON-COMPETITIVE DISPOSAL OF AN INTRAGOVERNMENTAL PERMIT FOR THE PURPOSE OF A SHARED UTILITY ACCESS ROAD WITHIN HLB PARCEL 3-042, LEGALLY DESCRIBED AS THE NORTH ONE-HALF OF THE NORTH-EAST ONE-QUARTER OF THE NORTH-EAST ONE-QUARTER OF SECTION 35, TOWNSHIP 13 NORTH, RANGE 3 WEST, SEWARD MERIDIAN (PID 007-261-01-000), AT NO COST. WHEREAS, pursuant to AMC § 25.40.010, the Heritage Land Bank (HLB) was established to manage uncommitted municipal land and the HLB Fund in a manner designed to benefit the present and future citizens of Anchorage, promote orderly development, and achieve the goals of the Comprehensive Plan; and WHEREAS, Anchorage Water and Wastewater has used an access road through HLB Parcel 3-042 for many years; and WHERAS, HLB wishes to formalize a fifty (50) foot access road for utility access and future HLB Parcel 3-042 uses, which may need to be improved in the future by the Municipality of Anchorage through the Project Management & Engineering Department (PM&E); and WHEREAS, the Intra-Governmental Permit (IGP) is a recorded document that will convert to an easement if interest in the property, is transferred from the MOA; and WHEREAS, pursuant to AMC § 25.40.025.A, the HLB Advisory Commission (HLBAC) shall hold a public hearing, with public notice as specified in this chapter, prior to making a recommendation to the Mayor and Assembly regarding the disposal of HLB land or an interest in land. Land disposals under this chapter include land sales, land exchanges, leases and easements; and WHEREAS, HLB posted the property, conducted public notice and an agency review by all potentially interested municipal agencies, the Federation of Community Councils, the Basher Community Council, as well as the Campbell Park, Scenic Foothills, University Area Community Councils due to their proximity, and the Assembly to establish no objections to disposal by IGP to MOA PM&E for future improved access needs; and WHEREAS, the HLBAC finds the disposal in the best interest of the Municipality and consistent with the HLB purpose and mission; now therefore BE IT RESOLVED THAT THE HLBAC RECOMMENDS APPROVAL OF THE NON-COMPETITIVE DISPOSAL OF AN INTRAGOVERNMENTAL PERMIT FOR THE PURPOSE OF A SHARED UTILITY ACCESS ROAD WITHIN HLB PARCEL 3-042, LEGALLY DESCRIBED AS THE NORTH ONE-HALF OF THE NORTH-EAST ONE-QUARTER OF THE NORTH-EAST ONE-QUARTER OF SECTION 35, TOWNSHIP 13 NORTH, RANGE 3 WEST, SEWARD MERIDIAN (PID 007-261-01-000), AT NO COST. PASSED and APPROVED on this, the 19th day of November, 2021. Approved: Attest:

APPENDIX B

_______________________________ ______________________________ Jim Fredrick, Acting Chair Adam Trombley, Acting Director Heritage Land Bank Advisory Commission Real Estate Department /HLB

Appendix C