M E M O R A N D U M 05-135

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: AUGUST 1, 2005

SUBJ: VACATION OF THE PUBLIC RIGHT OF WAY WITHIN THE WEST 15 FEET OF LOT 3 AND THE 30 FOOT RIGHT OF WAY EASEMENT CENTERED ON THE LINE COMMON TO LOTS 3 AND 4 AND THE RIGHT OF WAY EASEMENT WITHIN THE NORTH 15 FEET OF LOT 5 OF JOHN B. FENGER SUBDIVISION (PLAT HM 63-884) WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 13WEST, SEWARD MERIDIAN, ALASKA; THE CITY OF HOMER AND WITHIN THE KENAI PENINSULA BOROUGH; KPB FILE 2005-156

Notice of the vacation was received via fax on July 20, 2005. City Manager Wrede and City Planner McKibben were given a copy of said fax. Planning Technician Julie Engebretsen confirmed that the Planning Commission had reviewed and approved this vacation request on June 15, 2005.

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 proposed vacation, as petitioned, during their regular scheduled meeting of July 18, 2005.

The City Council has thirty days from July 18, 2005 in which to veto the decision of the Kenai Peninsula Planning Commission.

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

RECOMMENDATION:

Voice non veto to the Vacation of the public Right of Way within the west 15 feet of Lot 3 and the 30 foot Right of Way easement centered on the line common to Lots 3 and 4 and the Right of Way easement within the north 15 feet of Lot 5 of John B. Fenger Subdivision (Plat HM 63-884) within Section 22, Township 6 South, Range 13West, Seward Meridian, Alaska.

Fiscal Note: NA.