M E M O R A N D U M 06-135

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: AUGUST 9, 2006

SUBJ: VACATION OF THE 25 FOOT INGRESS-EGRESS EASEMENT ALONG THE SOUTH LOT LINE OF LOT 27A AND THE 20 FOOT UTILITY EASEMENT CENTERED ALONG THE COMMON EAST-WEST LOT LINE OF LOTS 27A-2-A AND 28-A-1 GRANTED BY BUNNELL'S SUBDIVISION REPLAT OF LOTS 27 AND 28 (PLAT HM 78-44) AND THE 10 FOOT UTILITY EASEMENT ALONG THE NORTH LOT LINE OF LOT 28-A-1 AND THE 10 FOOT UTILITY EASEMENT ALONG THE EAST LOT LINE OF LOT 27A-2-A GRANTED BY BUNNELL'S SUBDIVISION NO 17 (PLAT HM 86-44); WITHIN SECTION 19, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, ALASKA.

Notice of the vacation was received via fax on July 19, 2006. 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 May 3, 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 July 17, 2006.

The City Council has thirty days from July 17, 2006 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 25 Foot Ingress-Egress Easement along the South Lot Line of Lot 27A and the 20 foot utility Easement Centered along the Common East-West Lot Line of Lots 27A-2-A and 28-A-1 Granted by Bunnell's Subdivision Replat of Lots 27 and 28 (Plat HM 78-44) and the 10 foot Utility Easement along the North Lot Line of lot 28-A-1 and the 10 foot Utility Easement along the East Lot Line of Lot 27A-2-A Granted by Bunnell's Subdivision No 17 (Plat HM 86-44); within Section 19, Township 6 South, Range 13 West, Seward Meridian, Alaska. Recommend non veto. Fiscal Note: NA.