M E M O R A N D U M 03-170

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: OCTOBER 7, 2003

SUBJ: VACATION OF A PORTION OF THE 33 FOOT RIGHT-OF-WAY EASEMENT ALONG THE WESTERLY BOUNDARY OF GOVERNMENT LOT 35, WEST OF KACHEMAK DRIVE, RESERVED IN BOOK 5 PAGE 76 OF THE HOMER RECORDING DISTRICT, ALL WITHIN SECTION 14 TOWNSHIP 6 SOUTH RANGE 13 WEST SEWARD MERIDIAN, ALASKA, THE CITY OF HOMER AND THE KENAI PENINSULA BOROUGH; KPB FILE NO. 2003-191.

Notice of the vacation was received via fax on September 26, 2003 and via mail on September 29, 2003.

In accordance with 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 Kenai Peninsula Borough Planning Commission approved the referenced vacation subject to staff recommendation during their regularly scheduled meeting of August 11, 2003.

The City Council has thirty days from September 26, 2003 in which to veto the decision of the Kenai Peninsula Planning Commission.

The Homer Planning Commission has no objection to granting this vacation.

RECOMMENDATION:

Voice non objection and consent to the Vacation of a Portion of the 33 foot Right-of-Way Easement along the Westerly Boundary of Government Lot 35, West of Kachemak Drive, Reserved in Book 5 Page 76 of the Homer Recording District, all within Section 14 Township 6 South Range 13 West Seward Meridian, Alaska, the City of Homer and the Kenai Peninsula Borough; KPB File No. 2003-191.

Fiscal Note: NA.