Memorandum 15-174 Vacation of Alley Easement on Plat HM-839

Memorandum 15-174
 

TO: MAYOR WYTHE AND CITY COUNCIL

FROM: JO JOHNSON, MMC, CITY CLERK

DATE: OCTOBER 14, 2015

SUBJECT: VACATE A PORTION OF THE 20-FOOT ALLEY EASEMENT AS GRANTED ON PLAT HM-839. VACATE THE 10-FOOT ALLEY EASEMENT ALONG THE SOUTHERN BOUNDARY OF LOT 132 AND LOT 133; AND THE 10-FOOT ALLEY EASEMENT ALONG THE NORTHERN BOUNDARY OF LOT 134. ALL PORTIONS OF SAID EASEMENT ARE LOCATED WITHIN SECTION 21. TOWNSHIP 06 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, WITHIN THE CITY OF HOMER, ALASKA AND WITHIN THE KENAI PENINSULA BOROUGH; KPBPC RESOLUTION 2015-31; KPB FILE 2015-1111.

 
At their October 12, 2015 meeting the Kenai Peninsula Borough Planning Commission approved to vacate a portion of the 20-foot alley easement as granted on Plat HM-839. Vacate the 10-foot alley easement along the southern boundary of Lot 132 and Lot 133; and the 10-foot alley easement along the northern boundary of Lot 134. All portions of said easement are located within Section 21. Township 06 South, Range 13 West, Seward Meridian, within the City of Homer, Alaska and within the Kenai Peninsula Borough; KPBPC Resolution 2015-31; KPB File 2015-1111.

Notice of vacation was received on October 14, 2015 by email. 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 October 12, 2015 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 August 5, 2015, Staff Report PL 15-58, Vacation of a 20 ft. alley easement at 3361 B Street and 1473 Ocean Drive.

Fiscal Note: N/A