M E M O R A N D U M 06-54

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: MARCH 21, 2006

SUBJ: VACATION OF A 33 FOOT SECTION LINE EASEMENT ALONG THE SOUTH AND WEST BOUNDARY OF LOT 20-A MATTOX SUBDIVISION BIRCH TERRACE REPLAT (PLAT HM 2005-55): WITHIN SECTION 16, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, ALASKA; THE CITY OF HOMER AND WITHIN THE KENAI PENINSULA BOROUGH; KPB FILE 2006-33; PETITIONS: STEVEN L. ROUSE, KPHI DAVID B. GASSNER, AND JACKIE R. LA CRUZE OF HOMER, ALASKA; LOCATION: CITY OF HOMER.

Notice of the vacation was received via fax on March 16, 2006. City Manager Wrede and City Planner McKibben were given a copy of said fax. City Planner McKibben confirmed that this matter was good to go. The Planning Commission reviewed and approved this vacation with conditions on January 17, 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.

During their Regular Meeting of March 13, 2006, the Kenai Peninsula Borough Planning Commission approved the proposed vacation, based on findings and staff recommendations subject to submittal of State easement vacation plat and/or other State requirements within two years of approval and compliance with any State requirements for the section line easement vacation.

The City Council has thirty days from March 13, 2006in which to veto the decision of the Kenai Peninsula Planning Commission.

RECOMMENDATION:

Voice non veto to the Vacation of a 33 foot section line easement along the south and west boundary of Lot 20-A Mattox Subdivision Birch Terrace Replat (Plat HM 2005-55): within Section 16, Township 6 South, Range 13 West, Seward Meridian, Alaska; The City of Homer and Within the Kenai Peninsula Borough; KPB File 2006-33; Petitions: Steven L. Rouse, KPHI David B. Gassner, and Jackie R. La Cruze of Homer, Alaska; Location: City of Homer.

Fiscal Note: NA.