MEMORANDUM

Members, Kenai Peninsula Borough Assembly

THRU: Dale L. Bagley, Mayor

FROM: Max Best, Planning Director

DATE: August 8, 2002

SUBJECT: Ordinance 2002-37 authorizing sale of approximately 0.159 acres to Herman and Irene Fandel to resolve a long-standing trespass on Borough land located within the City of Kenai.

Herman and Irene Fandel have used approximately 28,000 square feet of Kenai Peninsula Borough (KPB) land since 1975. This land is adjacent to their house on Lawton Drive in Kenai. The Fandels propose to purchase approximately 0.159 acres of KPB-owned land between their home and a storm drain easement to resolve their long-standing unauthorized use. The land applied for is described as a 154' by 45' parcel located in the northeast corner of Government Lot 2, Section 4, T5N, R11W, S.M., Alaska, which can also be referred to as a portion of Assessor Parcel No. 049-010-48.

The Fandels will pay the market value of $8,000 for the land and pay all costs to have the land combined with their Lots 1 and 2, Block 4, Inlet View Subdivision, First Revision, according to Plat No. K1515, Kenai Recording District.

The Assembly will ultimately have to determine if the sale of the subject land to the Fandels is in the best public interest. Should the Assembly not authorize the sale of subject land to the Fandels, the KPB will proceed with evicting the trespass.