M E M O R A N D U M 07-176

TO:                  MAYOR AND CITY COUNCIL

FROM:            JO JOHNSON, CMC, CITY CLERK

DATE:             NOVEMBER 19, 2007

SUBJECT:      VACATE A PORTION OF A 12-FOOT ALLEY WEST OF LOTS 37C AND 37D, AND THE 12-FOOT ALLEYWAYS BETWEEN LOTS 37C, 37D, 37E, 37F, DEDICATED BY JAMES G SHERRY’S SUBDIVISION OF LOT 37 OF THE BUNNELL SUBDIVISION (PLAT HM 49-258); WITHIN SECTION 19, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, ALASKA; THE CITY OF HOMER AND THE KENAI PENINSULA BOROUGH; KPB FILE 2007-278; LOCATION: CITY OF HOMER, NORTH OF PIONEER AVENUE.

At their November 13, 2007 meeting the Kenai Peninsula Borough Planning Commission approved the vacation of a portion of a 12-foot alley west of Lots 37C and 37D and the 12-foot alleyways between Lots 37C, 37D, 37E, 37F, dedicated by James G. Sherry’s Subdivision of Lot 37 of the Bunnell Subdivision (Plat HM 49-258) within Section 19, Township 6 South, Range 13 West Seward Meridian, Alaska.

Notice of vacation was received on November 15, 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 November 15, 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 August 15, 2007, Staff Report PL 07-58, Bunnell’s Subdivision No. 21/Vacation of a Public Right of Way.

RECOMMENDATION:

Voice non objection and consent to the vacation of a portion of a 12-foot alley west of Lots 37C and 37D and the 12-foot alleyways between Lots 37C, 37D, 37E, 37F, dedicated by James G. Sherry’s Subdivision of Lot 37 of the Bunnell Subdivision (Plat HM 49-258) within Section 19, Township 6 South, Range 13 West Seward Meridian, Alaska; the City of Homer and the Kenai Peninsula Borough; KPB File 2007-278.

Fiscal Note: N.A.