M E M O R A N D U M 07-128

TO: MAYOR AND CITY COUNCIL

FROM: JO JOHNSON, CMC, CITY CLERK

DATE: AUGUST 7, 2007

SUBJECT: VACATION OF 30-FOOT ACCESS EASEMENT ALONG LOT 2, W.R. BENSON NO. THREE (PLAT HM 87-24) WITHIN SECTION 20, TOWNSHIP 6 SOUTH, RANGE 13 WEST , SEWARD MERIDIAN, ALASKA; WITHIN THE CITY OF HOMER AND THE KENAI PENINSULA BOROUGH KPB FILE 2007-173.

At their July 16, 2007 meeting the Kenai Peninsula Borough Planning Commission approved the vacation of a 30-foot access easement along the south boundary of Lot 2, granted by W.R. Benson No. Three (Plat HM 87-24); within Section 20, Township 6 South, Range 13 West, Seward Meridian, Alaska.

Notice of vacation was received on July 18, 2007 via fax. Per 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 City Council has thirty days from July 18, 2007 in which to veto the decision of the Kenai Peninsula Borough Planning Commission.

The Homer Advisory Planning Commission has no objection to granting this vacation as is reflected in the minutes of April 18, 2007, Staff Report PL 07-29, in conjunction with the Vacation of a 30’ Access Easement for Lot 2, W.R. Benson No. Three Subdivision.

RECOMMENDATION:

Voice non objection and consent to the Vacation of a 30-foot Access Easement along Lot 2, W.R. Benson No. Three (Plat HM 87-24) within Section 20, Township 6 South, Range 13 West, Seward Meridian, Alaska; within the City of Homer and the Kenai Peninsula Borough; KPB File 2007-173.

Fiscal Note: N.A.