MEMORANDUM

TO: Timothy Navarre, Assembly President

Kenai Peninsula Borough Assembly Members

THRU: Dale L. Bagley, Mayor

FROM: Robert L. Bright, Planning Director

DATE: January 5, 2001

SUBJECT: An Ordinance Authorizing the Negotiated Sale of That Portion of Government Lot 15, Section 25, T3S, R15W, S.M., Alaska, lying Southeasterly of the Sterling Highway to Robert and Kate Boyan

Robert and Kate Boyan have submitted an application for the negotiated sale of that portion of Government Lot 15, Section 25, T3S, R15W, S.M., Alaska, lying southeasterly of the Sterling Highway. The Boyans own the adjacent Government Lot 14. After they purchased Government Lot 14, the Boyans discovered that a portion of their house and other improvements encroach into Government Lot 15. The Boyans desire to purchase Government Lot 15 to remedy the trespass.

Please reference the attached As-built Survey by Ability Surveys dated July 15, 2000 depicting Government Lots 14 & 15 and the encroachments that are part of the Boyan's negotiated sale application.

The Boyan's unintentional trespass can be resolved by selling the Boyans portion of Government Lot 15 pursuant to KPB 17.10.220(C). Right-of-way dedications will be given at time of platting approval to bring Sharon Street up to a full 60-foot right-of-way. The Boyans will be required to replat Government Lots 14 and 15 into one lot and dedicate right-of-way as shown on the As-built Survey by Ability Surveys dated July 15, 2000.