MEMORANDUM

TO: Pete Sprague, Assembly President

Kenai Peninsula Borough Assembly Members

THRU: Dale Bagley, Mayor

Colette Thompson, Borough Attorney

Max Best, Planning Director

Paul C. Ostrander, Land Management Officer

FROM: Marcus A. Mueller, Land Management Agent

DATE: October 2, 2003

SUBJECT: Ordinance 2003-38 Authorizing the Negotiated Sale of a 0.18-Acre+/- Parcel at Fair Market Value to Monika Hatton

Lakeview Lane was dedicated as part of the Lakeview Estates Subdivision. A segment of the actual road was constructed outside of the dedicated right-of-way and across borough land.

Monika and John Hatton, owners of Lot 8, Lakeview Estates Subdivision, have proposed that the borough vacate a portion of Lakeview Lane and re-plat that dedication according to the as-built alignment of that street. Monika Hatton has offered to pay for the plat and to purchase, at fair market value, the 0.18-acre remnant parcel adjacent to their lot which would be created through the plat. The proposal would effectively resolve unintentional trespass resulting from the misalignment of Lakeview Lane.

Although, pursuant to 17.10.100(I), notice of disposition for this negotiated sale is not required, notice has been sent to all affected property owners in accordance with Planning Commission Resolution 2000-25 and KPB 20.28.080 to encourage public awareness of all proposed actions and to solicit public comments that might influence the subsequent right-of-way vacation and re-platting of Lakeview Lane.

The attached ordinance would, if approved, authorize the mayor to pursue a vacation and re-plat as mentioned above and to execute the sale of 0.18-acres +/- to Monika Hatton.