KENAI EASEMENT ATLAS ALASKA DIVISION OF DECEMBER 1993 State of Alaska Alaska Department Ol Department of Natural Resources NATURAL Divisio Lanf no d RESOURCES TABLE OF CONTENTS page no. i Project Team i Acknowledgements ii Glossary 1 Introduction Thie Us s o AtlaT w s Ho 2 4 Uses Allowe ANCSn do A 17(b) Easements 4 Use Activitied san s Allowe Statn do e Land 4 Funding Sources for Trail Projects 5 Public Information Offices 5 Land Management Agencies 0 1 Abou Mape tth s 1 1 Vicinitp yMa 2 1 Map Easemend san t Descriptions PRINTE RECYCLEN DO D PAPER Kenai Easement Atlas J PROJECT TEAM u DEPARTMEN NATURAF TO L RESOURCES Division of Land, Resource Assessment and Division of Management, Land Records J Development Section: Information Section: Dennis Daigge rGIS- Manager and l BrackeHa GIt- S Project Set-upd an Project Oversight Technical Advisor J Jim Culbertso nProject- Manager Jean Data S TarGI n - Managementd an Mario Ayerdi sGI- S Data Entry Cartographic Production Odin Brudie - Land Status Wendy Wool Statusf- Graphics Manager Mike Mitchel Qualityl- Control Duncan Purvi sEasement- Data Entry and Coordination y Susan Pec kGI- S Project Coordinator Forrest Weian Easementt- Data Entry Elaine Thoma sDesign,- Editing and GIS Data Entry j ACKNOWLEDGEMENTS u The Kenai Easement Atlas project team would Polic Plannind yan g Section, Divisiof no like to express our appreciation to the following Park Outdood san r Recreation, Alaska u agencies for their assistanc dates i a acquisition Departmen Naturaf to l Resources revied an drafwf o t maps: Divisio Lanf no d Management, Planning Kenai Fjords National Park, National Park Department, Kenai Peninsula Borough u Service, U.S. Department of Interior We would also like to express our appreciation to Land Resources Division, National Park the following corporations for their help in deter- Service, U.S. Departmen Interiof to r mining land ownershi verificatiod pan f no u easement information within their respective areas. Kenai National Wildlife Refuge, Fish & Wildlife Service, U.S. Departmen Interiof to r Cook Inlet Region, Inc. u Division of Realty, Fish & Wildlife Service, Kenai Natives Association, Inc. U.S. Department of Interior Ninilchik Native Association, Inc. Chugach National Forest, Forest Service, U.S. Salamatoff Native Association, Inc. Department of Agriculture. The Tyonek Native Corporation Central Region - Planning, Alaska Depart- Public meetings were conducted in Anchorage, u men Transportatiof to Publid nan c Facilities Homer, Cooper Landing, Sewar Soldotnd dan a South Central Regional Office, Division of in October, initia 1991e th s ,la ste preparapn i - Land, Alaska Department of Natural tion of this Atlas and we would like to express Resources our appreciation to the many members of the Habita Restoratiod tan n Division, Alaska public who came to the meetings and worked- Department of Fish and Game mape documentd th sn witan o s hu s developed on this project. y Kenai Area Office, Division of Parks and Outdoor Recreation, Alaska Department of Natural Resources u y Kenai Easement Atlas GLOSSARY ADL easement easemenn A : t grantee th y db KPB: Kenai Peninsula Borough Alaska Dept Naturaf .o l Resources, Divisiof no Land. Use easemenL s alloweAD e n a t ar n do KRSMA: Kenai River Special Management those established by law and specified in the Area. gran easemenf to t (i.e., right-of-way permit). Legal public access: The right of passage, ANCSA 17(b) public easement: A public ac- established by law, over another's property. cess easement established under section 17(b) Legal public acces creates i easemenn a y db t Alaske oth f a Native Claims Settlement Act. dedicate reserver do publir dfo c access. Legal public access publiexist) 1 : scon land, BLMBurea. S . U :Lan f uo d Management 2) public waters navigabl) ,3 e waters) ,4 grante dedicater do d (platted) public rights- BLM easement easemenn A : t reservey db of-way, 5) section line easements, 6) federae th l Burea Lanf uo d Management. OMNIBUS roads ANCS) ,7 A 17(b) public Uses allowed on a BLM easement are those easements, and 8) R.S. 2477 rights-of-way. established by law and specified in convey- ance documents. LSH easement easemenn A : t grantee th do t Stat Alaskf eo privata y ab e property owner. DNR: Alaska Departmen Naturaf to l Re- Use easemensH alloweLS n those a tar n do e sources establishespecified granan e w th la n dt i y db of easement. Easement: An interest in land owned by another that entitles its holder to a specific NWR: National Wildlife Refuge. limited use or enjoyment. Easements are re- serve specifir dfo c purposes, typically trails, Omnibus Road: A road that was conveyed roads, campsites and airstrips. Easements State to th Alask f quiee o th t y claiab m deed are restricte physican di use(se lth sizd ) ean dated June 3,1959, executed under the allowed. The season and duration of use authorit Alaske th f yo a Omnibus Act. Uses may als restrictede ob . Easements cannoe tb allowed on an Omnibus Road are those estab- used for other purposes. lished by law for state highways. EIN easement: An easement established un- Ordinary high water mark mare Th :k along sectior de n Alaske 17(bth f )o a Native Claims the bank or shore of a waterbody where the Settlement Act. Use easesN alloweEI - n a n do presence and action of water is so common ment are those specified in the act and in and lonusualo s gd continue,an ordil al -n si conveyance documents. nary years, as to leave a natural line impressed on the bank or shore. That line may be indi- FP easement: An easement dedicated by a cate erosiony db , shelving, change soin si l plat filed wit State hth e Recorder's office. character, destruction of terrestrial vegeta- Uses easemen P alloweF n a those n do tar e tion, or other distinctive physical establishespecified plate an th w .n la do y db characteristics. Granted public right-of-way publiA : - cac Private land: Land owned by a corporation cess easemen whicr tfo hpermia bees tha n or individual. issued by the Alaska Department of Natural Resources, Division of Land. Public land: Vacant, unappropriated federal or state land. Kenai Easement Atlas n Glossary, cont. R.S. 2477 right-of-way: A right-of-way SRS: State Recreation Site granted under Revised Statute 2477, formerly codifie US3 4 Cs d a 932 , repealed Oct, .21 State certified R.S. 2477 right-of-way: AR.S. 1976. R.S. 247historin a 7s i c federal statute 2477 right-of-way certified under 11 AAC that granted rights-of-way over unreserved 51.010. public land. These rights-of-way were estab- lishe publiconstructionr y do b e cus . Township governmene th n I : t land-survey system areae , th trac r ,o landf to , between Range: In the government land-survey two township lines and two range lines. system, one of a series of survey lines that Commonly abbreviate "Ts da " in land de- extend due north and south at six-mile inter- scriptions. vals and which are numbered east or west y fro principae mth l meridian. These lines Valid section line easement easemenn A : t form the east and west boundaries of town- fo publira c highway granted under A.S. ships. Commonly abbreviate "Rs d a lan "n i d 19.10.010 which has not been vacated. u descriptions. easemene Winteth f o only e e rlimus s ti Us : - Right ban lefr k(o t bank) bane a f Th :ko ite timedo t s whe easemene nth coveres ti d y stream or lake on the right (or left) hand of an by adequat alloo et snoe wic customarwr o y observe rwate e positioneth n r o bodr o dn yi winter modes of travel without appreciable and facing down stream. surface disturbance or damage. y SRA: State Recreation Area y y y y y y y y y Kenai Easement Atlas j INTRODUCTION Extensive changes in land ownership and Excep provides ta publi a y b r cd accesfo s ease- land management have occurre Alaskdn i a ment, private land is not open to public use ove pase yearsr0 th t2 . Many areas previously without prior permission fro lane mth d owner. open to general public use are now included in Use of private land, including travel across the a federal conservation unit, state legislatively land, without obtaining prior permission from designated unit havr ,o e been conveyea do t the owner (or the owner's designated land man- Native corporatio other no r private party. Pub- ager), may legally constitute criminal trespass. lic use of these areas may now be restricted or Also, use of a public easement for an unauthor- no longer available. ized purpose may legally constitute criminal These recent changes in land ownership and trespass. It is the user's responsibility to know management have resulte growina dn i g prob- which land use restrictions apply. lem: the unauthorized use of land and Contact the appropriate land manager if you resources purpose Th . thif eo d s ai atla o t s i have questions concerning public use of an botlane publie th dh th d ownecan manager ro r area. Obtain permission and any necessary per- in dealing with this problem. Most unauthor- mit advancen si . A lis lanf to d managerd san bees ha izen e inadvertentdus , resulting froma the land owner/land management agency each lac readilf ko y available, easily understood land represents is included in this atlas.