M E M O R A N D U M 05-136

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: AUGUST 1, 2005

SUBJ: VACATION OF A PORTION OF THE NORTH/SOUTH 33 FOOT SECTION LINE EASEMENT ALONG THE EAST BOUNDARY OF SECTION 24 LYING WITHIN TRACT B. LILLIAN WALLI ESTATE (PLAT HM 88-16), TOWNSHIP 6 SOUTH, RANGE 14 WEST, SEWARD MERIDIAN, ALASKA; THE CITY OF HOMER AND WITHIN THE KENAI PENINSULA BOROUGH; KPB FILE 2002-161. LOCATION: CITY OF HOMER

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 July 17, 2002.

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. Council approved this vacation on August 26, 2002 via Memorandum 02-43.

Due to some delays, as noted in the Borough correspondence, the Kenai Peninsula Borough Planning Commission re 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 a portion of the north/south 33 foot section line easement along the east boundary of Section 24 lying within Tract B. Lillian Walli Estate (Plat HM 88-16), Township 6 South, Range 14 West, Seward Meridian.

Fiscal Note: NA.