MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale L. Bagley, Mayor

THRU: Max Best, Planning Director

Paul Ostrander, Land Management Officer

FROM: Roy E. Dudley, Land Management Agent

DATE: January 22, 2004

SUBJECT: An ordinance authorizing the sale of approximately 0.25 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 trespassed on approximately 28,000 s.f. of Kenai Peninsula Borough (KPB) land since 1975. (1) This land is adjacent to their house on Lawton Drive in Kenai. The Fandels propose to purchase approximately 11,000 s.f. of KPB owned land between their home and a storm drain easement to resolve their long-standing trespass. The land applied for is described as a 71' by 154' 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. This has been determined by land management to be the smallest practical area to resolve the trespass, in accordance with KPB 17.10.220(C).

The Fandels will pay $12,200 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 $12,200 is fair market value and is based on the square foot value of Lots 1 and 2, Block 4, Inlet View Subdivision, First Revision.

The Assembly previously failed to introduce Ordinance 2002-37 authorizing the sale of 0.159 acres to the Fandels. The KPB may need to proceed with evicting the trespass should the Assembly not authorize the sale of subject land to the Fandels. The KPB Planning Commission will consider this ordinance at its regularly scheduled meeting of February 9, 2004 and the action taken will be reported to the assembly.

Attachments:

� Exhibit A - Vicinity Aerial Photo

� Exhibit B - Parcel Aerial Photo

� Exhibit C - Map showing 71' by 154' parcel proposed for sale to Fandels

� Exhibit D - Proposed subdivision design on remainder parcel

1.

1 A temporary land use permit was issued to the Fandels for the period June 1, 2000 through May 31, 2001 authorizing their temporary use of the property for that period. As acknowledged in their application, the remaining use has been without borough authorization.