Memorandum 16-028 Vacate Right-of-Way and Easement on Heath Street

Memorandum 16-028
 

TO: MAYOR WYTHE AND CITY COUNCIL

FROM: JO JOHNSON, MMC, CITY CLERK

DATE: FEBRUARY 2, 2016

SUBJECT: VACATE THE 30-FOOT WIDE (APPROXIMATELY 560 FEET) RIGHT-OF-WAY AND EASEMENT ALONG THE SOUTH LOT LINE OF THAT PROPERTY SHOWN AS HOMER ELECTRIC ASSOCIATION ON PLAT HM 54-2021; REPLATTED AS LOT E HEATH STREET REPLAT, HM 90-58, AS RECORDED IN BOOK 165 PAGE 294 OF THE HOMER RECORDING DISTRICT. ALL PORTIONS OF THE REQUESTED VACATION ARE LOCATED WITHIN THE W1/2 OF THE NE1/4 OF SECTION 20, TOWNSHIP 06 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, IN THE CITY OF HOMER, ALASKA AND WITHIN THE KENAI PENINSULA BOROUGH; KPB FILE 2016-003.

 
At their January 25, 2016 meeting the Kenai Peninsula Borough Planning Commission approved to vacate the 30-foot wide (approximately 560 feet) right-of-way and easement along the south lot line of that property shown as Homer Electric Association on Plat HM 54-2021; replatted as Lot E Heath Street Replat, HM 90-58, as recorded in Book 165 Page 294 of the Homer Recording District. All portions of the requested vacation are located within the W1/2 of the NE1/4 of Section 20, Township 06 South, Range 13 West, Seward Meridian, in the City of Homer, Alaska and within the Kenai Peninsula Borough; KPB File 2016-003.

Notice of vacation was received on February 2, 2016 by mail. Per AS 29.40.140 no vacation of a City right-of-way and/or easement may be made without the consent of the City Council.

The City Council has thirty days from January 25, 2016 in which to veto the decision of the Kenai Peninsula Borough Planning Commission.

The Homer Advisory Planning Commission has no objection to granting this vacation as is reflected in the minutes of January 25, 2016, Staff Report given by Max Best, Vacation of a 30 ft. wide right-of-way and easement along the south lot line of that property shown as Homer Electric Association, replatted as Lot E Heath Street Replat.

Fiscal Note: N/A