Memo

To: Gary Superman, Assembly President

Assembly Members, Kenai Peninsula Borough

Thru: Dale Bagley, Mayor

From: Gary Davis, Roads Director

Date: July 21, 2005

Re: Resolution 2005-075, Decertification of a Portion of Skilak Street

The Road Service Area unanimously voted to support RSA Resolution 2005-06 recommending the decertification of a portion Skilak Street, a borough-maintained road. The portion proposed for decertification is not a dedicated right-of-way and there is no easement. This road is located in the Sterling area at Mile 87.5 Sterling Highway. There was considerable input and discussion relating to this issue. The details relating to this request are discussed in the many attachments to this memorandum.

The key issue from the road board's standpoint is that the non-dedicated portion of the road to be decertified is not necessary to provide legal access to any of the parcels it currently serves. Also, this is one of many roads the RSA maintains that does not have legal platted right-of-way. These prescriptive easements are often problematic and when there is an opportunity to eliminate a problem the RSA prefers to pursue the issue.

This resolution is forwarded to the assembly per KPB 14.06.070, which states: "the roads board, by resolution, shall recommend to the assembly decertification of the road."

Attachments include:

1. Memo, dated June 14, 2005 - RSA Staff Report (3 pages)

2. Letter of Objection. From Joseph Raymond Skrha, dated January 11, 2005 (2 pages)

3. Map of Subdivision and Platted road in question.

4. Memo, dated July 1, 2005 - Memo to RSA board relating to written objections and viable options.

5. Letter of July 5, 2005 - From the Caligans denying authority to plat ROW.

6. RSA Resolution 2005-06 - Recommending the KPB decertify a section of Skilak Street.