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 27, 2003

SUBJECT: Ordinance 2003-38 (Mayor) Substitute: Authorizing the Negotiated Sale at Fair Market Value of a 0.18-Acre+/- Parcel to Monika Hatton and a 0.04-Acre+/- Parcel to Mike and Marcia Kardatzke

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, and Mike and Marcia Kardatzke, owners of Lot 7, 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. The Hattons and Kardatzkes have offered to pay for the plat and to purchase, at fair market value, the remnant parcels adjacent to their respective lots which would be created through the plat. The proposal would effectively resolve unintentional trespasses resulting from the misalignment of Lakeview Lane.

The original proposal for this project was solely by Monika Hatton. That proposal would have had no foreseeable negative effects on other property owners. However, a public notice was sent to all landowners within 600 feet of that proposed project area which described the proposal. The public notice resulted in the Kardatzkes coming forward to join in the application which expands the scope and benefit of the proposal from the original.

As a substitute of Ordinance 2003-38, 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 and 0.04-acres +/- to Mike and Marcia Kardatzke.