M E M O R A N D U M 06-107

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: JUNE 19, 2006

SUBJ: VACATION OF 56 FEET OF THE 66 FOOT SECTION LINE EASEMENT CENTERED ON THE LINE COMMON TO SECTIONS 16 AND 17, BETWEEN NELSON AVENUE AND EAST HILL ROAD; WITHIN TOWNSHIP 6 SOUTH RANGE 13 WEST SEWARD MERIDIAN, ALASKA; THE CITY OF HOMER AND WITHIN THE KENAI PENINSULA BOROUGH; KPB FILE 2006-103 NOTE: 10 FEET IN THE CENTER OF THE SECTION LINE NOT BEING VACATED. PETITIONERS: QUIET CREEK PARK LLC BY TONY NEAL AND BRUCE J. AND MARIVEL PETSKA OF HOMER, ALASKA; LOCATION: CITY OF HOMER.

Notice of the vacation was received via fax on June 14, 2006. City Manager Wrede and City Planner McKibben were given a copy of said fax. The Homer Planning Commission reviewed and recommended approval of the proposed vacation on April 5, 2006.

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 June 12, 2006.

The City Council has thirty days from June 12, 2006 in which to veto the decision of the Kenai Peninsula Planning Commission.

The Homer Planning Department and Planning Commission have issued no objection to granting this vacation as petitioned.

RECOMMENDATION:

Voice non veto to the Vacation of 56 Feet of the 66 Foot Section Line Easement Centered on the Line Common to Sections 16 and 17, between Nelson Avenue and East Hill Road; within Township 6 South Range 13 West Seward Meridian, Alaska; The City of Homer and within the Kenai Peninsula Borough; KPB File 2006-103 Note: 10 feet in the Center of the Section Line not being Vacated. Petitioners: Quiet Creek Park LLC by Tony Neal and Bruce J. and Marivel Petska of Homer, Alaska; Location: City of Homer. Fiscal Note: NA.