M E M O R A N D U M 04-71

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: MAY 4, 2004

SUBJ: RIGHT OF WAY VACATION - TILLY COURT, A 60 FOOT RIGHT OF WAY DEDICATED BY SCENIC VIEW SUBDIVISION NO. 06 (PLAT HM 82-47) AND ASSOCIATED UTILITY EASEMENTS; WITHIN SECTION 16, TOWNSHIP 6 SOUTH , RANGE 13 WEST, SEWARD MERIDIAN, ALASKA; THE CITY OF HOMER AND WITHIN THE KENAI PENINSULA BOROUGH; KPB FILE 2004-075.

Notice of the vacation was received via fax on April 28, 2004 and via mail on April 29, 2004.

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 April 26, 2004.

The City Council has thirty days from April 26, 2004 in which to veto the decision of the Kenai Peninsula Planning Commission.

The Homer Planning Commission has no objection to granting this vacation as is reflected in the minutes of November 19, 2003, Staff Report 03-104, in conjunction with the Preliminary Plat for Tract A. Scenic View No. 6 Subdivision.

RECOMMENDATION:

Voice non objection and consent to the Right of Way Vacation - Tilly Court, a 60 foot right of way dedicated by Scenic View Subdivision No. 06 (Plat HM 82-47) and associated utility easements; within Section 16, Township 6 South , Range 13 West, Seward Meridian, Alaska; the City of Homer and within the Kenai Peninsula Borough; KPB File 2004-075.

Fiscal Note: NA.