MEMORANDUM. Vacation of the dedication public right-of-way and associated utility easements.

Transcription

1 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street. Soldotna, Alaska PHONE: (907) FAX: (907) Toll-free within the Borough: , Ext MEMORANDUM DAVID CAREY BOROUGH MAYOR TO: FROM: Mill; Martin, Assembly President Kenai Peninsula Borough Assembly Members ~Max Best, Planning Director DATE: April 16, 2009 SLlB~'ECT: Vacate Kilcher Road, the 33-foot wide by 365-foot portion of the RIW adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. AND Vacate the 33-foot portion of the section line easement underlying the above mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of section 23. Also vacating feet of the 33-foot section line easement south of the north boundary line of section 26, starting from the eastern corner and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files & , as shown on the attached plat. Petitioners: Catkin and Thomas Clyde Burton of Kailua, HI & Otto Edwin Kilcher of Homer, AK; Location: Fritz Creek area; (Continued from March 23, 2009 Planning Commission meeting.) In accordance with AS , no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly. The Planning Commission approved the referenced vacation during their regularly scheduled April 13, 2009 meeting. A. Vacation of the dedication public right-of-way and associated utility easements. A motion passed by unanimous consent to grant the vacation as petitioned based on the following findings of fact. Findings 1. Per Kilcher Park Estates Burton Addition (HM ), the portion of Kilcher Road proposed to be vacated overlies an existing travel way. 2. Per HM , a recorded 30-foot easement overlies the existing travel way. 3. The recorded easement is not a public easement. 4. No alternate public dedication has been proposed over this existing road. 5. The portion of Kilcher Road proposed to be vacated is a projection of the existing Borough maintained Kilcher Road to the west. 6. If approved, the proposed vacation will not vacate the recorded 30-foot easement. 7. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 8. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 9. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 11. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 12. Per HM , a creek is located between the two segments of Kilcher Road. 13. A site visit showed this to be a drainage, possibly seasonal.

2 I 114. An alternate proposed dedication crosses the drainage to the south. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road Based upon the site visit, the constructed road in the alternate dedication does not meet Borough r.. standards. 17 It has not been demonstrated that the constructed road could ever meet Borough standards in the 1. proposed dedication. 19 Staff was informed by the surveyor that the road within the private easement was constructed to 1. accommodate logging trucks when an adjacent parcel was logged. 20. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use 1 21 the road. Satellite imagery shows a well-defined travel way within the 30-foot easement. :24. Sufficient rights-of-way do not exist to serve the surrounding parcels. I ]25. To date, one utility company has provided a letter of no comment Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension of Guffers Road (shown as KUcher South Road). Guffers Road is an extension of Borough maintained Kilcher Road to the west. 29. The Committee granted an exception to KPB centerline radius for the revised preliminary plat of Catkin Subdivision. 30. The Committee approved staff's recommendation to require additional 30-foot slope easements where the road crosses the canyon and creek except where additional dedication has been provided on the north side of the road east of the creek. 31. Approval of the revised plat of Catkin Subdivision is subject to conditions of the vacation. 32. The Planning Commission granted a two-year time extension request for the revised plat on February 9, 2009, which extends preliminary approval of the revised plat to February 9, The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Guffers Road and KUcher Road west of the proposed vacation). 34. Per the surveyor, the access road of primary use constructed by Yule Kilcher in the1940s is the primary current use today. Said plat (Catkin Subdivision) will place nearly 4 acres of the 40 acres within Section 26 into the 49 acre parcel (currently within Section 23), but only if the vacation is granted. 35. Per the surveyor, the contours and the top of the slope shown on the preliminary plat shows the Canyon top to be approximately 400 feet wide and 150 feet high. The canyon bluffs are nearly 100% slopes (45 degrees), very steep. B. Section Line Easement Vacation A motion passed by majority consent to grant the section line easement vacation as petitioned based on the following findings of fact. (Bryson, Yes; Carluccio, No; Collins, Yes; Foster, Yes; Gross, Yes; Isham, Yes; Johnson, Absent; Lockwood, Absent; Martin, Yes; McClure, Yes; Murphy, Yes; Petersen, Yes; Tauriainen, Yes) Findings 1. A section line easement vacation plat has been prepared. 2. Per the section line easement vacation plat provided with the submittal, the State has not yet reviewed the proposed vacation. 3. Per HM , a portion of the section line easement proposed to be vacated overlies an existing travel way. 4. Per HM , a recorded 30-foot easement overlies a portion of the section line easement proposed for vacation. 5. If approved, the proposed section line easement vacation will not vacate the recorded 3D-foot easement. 6. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 7. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 8. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 9. No contour information has been provided to support this. 10. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road.

3 11. Per HM , a creek is located between the two segments of KUcher Road. 12. A site visit showed this to be a drainage, possibly seasonal. 13. An alternate proposed dedication crosses the drainage to the south. 14. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 15. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 16. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 18. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 19. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 20. Satellite imagery shows a well-defined travel way within the 30-foot easement. 22. Sufficient rights-of-way do not exist to serve the surrounding parcels. 23. To date, one utility company has provided a letter of no comment. 24. State of Alaska Department of Fish & Game does not object to the vacation. 25. Terri Friedman, adjacent landowner, submitted revised comments and does not object to the vacation. 26. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 27. The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Guffers Road and Kilcher Road west of the proposed vacation). 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin SUbdivision) that provides a right-of-way dedication over the existing travel way, which is an extension of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Kilcher Road to the west. 29. If the section line easement is vacated, a gap will be created in the 66-foot section line easement. 30. Per revised preliminary plat of Catkin Subdivision, an existing overhead power line is within the section line easement proposed to be vacated. 31. Per PC Resolution 98-12, it is desirable and prudent to retain potential future pedestrian access routes. 32. Per PC Resolution 98-12, the Planning Commission shall consider current and future access needs for pedestrians and off-road vehicles when evaluating section line easement vacation requests. 33. It is the opinion of Borough staff that the section line easement is not constructible to Borough road standards. This petition is being sent to you for your consideration and action. The Assembly has 30 days from April 13, 2009 in which to veto the decision of the Planning Commission. If the Commission receives no veto within the 30-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. cc: petitioners' w/minutes only

4 AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate Kilcher Road, the 33-foot wide by 365-foot portion of the RIW adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. AND Vacate the 33-foot portion of the section line easement underlying the above mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of section 23. Also vacating feet ofthe 33-foot section line easement south of the north boundary line of section 26, starting from the eastern corner and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files & , as shown on the attached plat. Petitioners: Catkin and Thomas Clyde Burton of Kailua, HI & Otto Edwin Kilcher of Homer, AK; Location: Fritz Creek area; Continued from March 23,2009 Planning Commission meeting.) Staff Report reviewed by Max Best PC Meeting: 4/13/09 This addendum addresses the surveyor's comments during the March 23, 2009 public hearing and provides supplementary findings based on additional information. The existing travel way extending from Marimac Avenue to the proposed subdivision is a private easement that provides constructed access to the subject parcels as well as the 613 acre parcel to the east. A portion of the existing travel way is within Kilcher Road right-of-way, a public road that is proposed to be vacated. Staff cannot support vacating any public right-of-way that overlies an existing travel way in this area unless an alternate, superior right-of-way is provided in lieu of eliminating the public dedication. The latest design of Catkin Subdivision provides this alternate right-of-way. The Plat Committee conditionally approved the first plat for Catkin Subdivision on November 22, The Planning Commission approved a time extension in 2005, which extended preliminary approval to April 25, On May 27, 2008, the Committee conditionally approved a revised preliminary for Catkin Subdivision submitted by a different survey firm. The revised plat provides a right-of-way dedication over the existing travel way that is an extension of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Borough maintained Kilcher Road to the west. The Committee granted an exception to KPB centerline radius. Additionally, the Committee approved staffs recommendation to require additional30-foot slope easements where the road crosses the canyon and creek except where additional dedication has been provided on the north side of the road east of the creek. Approval of the revised plat is subject to conditions of the vacation. The Planning Commission granted a two-year time extension request for the revised plat of Catkin Subdivision on February 9, 2009, which extends preliminary approval for the revised plat to February 9, The surveyor submitted a road plan and profile for Kilcher South Road, which is the alternate right-of-way dedication provided by Catkin Subdivision revised preliminary plat. Plat Note 3 on the revised preliminary puts the public on notice that roads not constructed to KPB Code cannot be considered for the Borough Road Maintenance Program. Per the surveyor, the access road of primary use constructed by Yule Kilcher in the 1940s is the primary current use today. Said plat (Catkin Subdivision) will place nearly 4 acres ofthe 40 acres within Section 26 into the 49 acre parcel (currently within Section 23), but only if the vacation is granted. Per the submittal, though the owners/agents of north and south parcels want the vacation now and could ask for needed dedications during future subdivision actions, the 613 acre parcel to the east is the Yule Kilcher Homestead. Mr. Kilcher placed that parcel under a conservation easement managed by Kachemak Heritage Land Trust. The easement specifies no further subdivision. The petitioners of this vacation request are Mr. Kilcher's children and only wish to divide their land interest as appropriate, but under the same spirit of conservation and preservation of undeveloped scenic values. KPB Title 20 allows further subdivision of the parcels north (approximately 49 acres) and south (40 acres) of KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 6 UNAPPROVED MINUTES

5 the proposed vacation. However, further subdivision may not be possible if the parcels are encumbered by the conservation easement. Enforcement of the conservation easement is a private matter between the property owners and the entity to which the easement is granted. Per the surveyor, the contours and the top of the slope shown on the preliminary plat shows the Canyon top to be approximately 400 feet wide and 150 feet high. The canyon bluffs are nearly 100% slopes (45 degrees), very steep. Based on this information, it appears very unlikely the segment of Kilcher Road to the west and the portion of Kilcher Road proposed for vacation can connect following the section line. Kilcher Road South, which is dedicated over an existing travel way on Catkin Subdivision, appears to be the logical extension of Kilcher Road to the west per KPB After the surveyor's comments had been prepared, he was informed that the historic road was modified so that logging trucks could use it, and they did use it. Additional findings have been provided based on the surveyor's comments and written objection from an adjacent landowner. Review of the March 9 letter from the State Department of Fish & Game, indicates they object to vacation of the section line easement with no comment for the proposed vacation of a portion of Kilcher Road. A. Vacation of the dedication public right~f-way and associated utility easements. Vacate Kilcher Road, the 33-foot wide by 365-foot portion of the RIW adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files Based on the surveyor's testimony providing during the March 23, 2009 public hearing, it appears Findings 10, 18, 22, and 23 are, or may be, inaccurate and should not be considered. Staff included these findings in the list to maintain the original numbering from the March 23 staff report and for clarity. Findings 1. Per Kilcher Park Estates Burton Addition (HM ), the portion of Kilcher Road proposed to be vacated overlies an existing travel way. 2. Per HM , a recorded 30-foot easement overlies the existing travel way. 3. The recorded easement is not a public easement. 4. No alternate public dedication has been proposed over this existing road. 5. The portion of Kilcher Road proposed to be vacated is a projection of the existing Borough maintained KUcher Road to the west. 6. If approved, the proposed vacation will not vacate the recorded 30-foot easement. 7. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 8. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 9. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 10. No contour information has been provided to support this. 11. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 12. Per HM , a creek is located between the two segments of Kilcher Road. 13. A site visit showed this to be a drainage, possibly seasonal. 14. An alternate proposed dedication crosses the drainage to the south. 15. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 16. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 17. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 18. The Borough has not agreed to acceptance of the alternate dedication to date. 19. Staff was informed by the surveyor that the road within the private easement was constructed to KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 7 UNAPPROVED MINUTES

6 accommodate logging trucks when an adjacent parcel was logged. 20. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 21. Satellite imagery shows a well-defined travel way within the 30-foot easement. 22. Approval of the proposed vacation will eliminate one of two constructed rights-of-way to the 613-acre parcel to the east 23. Approval of the proposed vacation will eliminate the only right-of-way frontage for the northeastern portion of the 613-acre parcel. 24. Sufficient rights-of-way do not exist to serve the surrounding parcels. 25. To date, one utility company has provided a letter of no comment. 26. State of Alaska Department of Fish & Game does not objects to the vacation. Staff revised Finding 26 due to the revised comments of non-objection from the State of Alaska Department Fish & Game. Additional Findings 27. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Borough maintained Kilcher Road to the west. 29. The Committee granted an exception to KPB centerline radius for the revised preliminary plat of Catkin SUbdiVision. 30. The Committee approved staff's recommendation to require additional 30-foot slope easements where the road crosses the canyon and creek except where additional dedication has been provided on the north side of the road east of the creek. 31. Approval of the revised plat of Catkin Subdivision is SUbject to conditions of the vacation. 32. The Planning Commission granted a two-year time extension request for the revised plat on February 9, 2009, which extends preliminary approval of the revised plat to February 9, The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Gutters Road and Kilcher Road west of the proposed vacation). 34. Per the surveyor, the access road of primary use constructed by Yule Kilcher in the1940s is the primary current use today. Said plat (Catkin Subdivision) will place nearly 4 acres of the 40 acres within Section 26 into the 49 acre parcel (currently within Section 23), but only if the vacation is granted. 35. Per the surveyor, the contours and the top of the slope shown on the preliminary plat shows the Canyon top to be approximately 400 feet wide and 150 feet high. The canyon bluffs are nearly 100% slopes (45 degrees), very steep. AMENDED STAFF RECOMMENDATION: Based on Findings 8, 11-13, 15, and staff recommends approval of the vacation of Kilcher Road as petitioned. IF THE VACATION IS APPROVED, THE KENAI PENINSULA BOROUGH ASSEMBLY HAS THIRTY DAYS IN WHICH THEY MAY VETO PLANNING COMMISSION APPROVAL OF THE VACATION. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [ AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. B. Section Line Easement Vacation Vacate the 33-foot portion of the section line easement underlying the above-mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of Section 23. Also vacating feet of the 33-foot section line easement south of the north boundary line of Section 26, starting from the KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 8 UNAPPROVED MINUTES

7 eastern corner and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File Based on the surveyor's testimony providing during the March 23, 2009 public hearing, it appears Findings 17 and 21 are, or may be, inaccurate and should not be considered. Staff included these findings in the list to maintain the original numbering from the March 23 staff report and for clarity. Findings: 1. A section line easement vacation plat has been prepared. 2. Per the section line easement vacation plat provided with the submittal, the State has not yet reviewed the proposed vacation. 3. Per HM , a portion of the section line easement proposed to be vacated overlies an existing travel way. 4. Per HM , a recorded 30-foot easement overlies a portion of the section line easement proposed for vacation. 5. If approved, the proposed section line easement vacation will not vacate the recorded 30-foot easement. 6. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 7. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 8. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 9. No contour information has been provided to support this. 10. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 11. Per HM , a creek is located between the two segments of Kilcher Road. 12. A site visit showed this to be a drainage, possibly seasonal. 13. An alternate proposed dedication crosses the drainage to the south. 14. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 15. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 16. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 17. The Borough has not agreed to acceptance of the alternate dedication to date. 18. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 19. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 20. Satellite imagery shows a well-defined travel way within the 30-foot easement. 21. Approval of the proposed vacation will eliminate public access to the 613-acre parcel to the east 22. Sufficient rights-of-way do not exist to serve the surrounding parcels. 23. To date, one utility company has provided a letter of no comment. 24. State of Alaska Department of Fish & Game does notobjects to the vacation. Staff revised Finding 24 due to the revised comments of non-objection from the State of Alaska Department Fish & Game. Staff revised Finding 25 due to the revised comments of non-objection from the adjacent landowner. Additional Findings 25. Terri Friedman, adjacent landowner, submitted revised comments and does not objects to the vacation. 26. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 27. The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Gutters Road and Kilcher Road west of the proposed vacation). 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 9 UNAPPROVED MINUTES

8 of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Kilcher Road to the west. 29. If the section line easement is vacated, a gap will be created in the 66-foot section line easement. 30. Per revised preliminary plat of Catkin Subdivision, an existing overhead power line is within the section line easement proposed to be vacated. 31. Per PC Resolution 98-12, it is desirable and prudent to retain potential future pedestrian access routes. 32. Per PC Resolution 98-12, the Planning Commission shall consider current and future access needs for pedestrians and off-road vehicles when evaluating section line easement vacation requests. STAFF RECOMMENDATION: Based on Findings 3-5 and staff recommends denial of the section line easement vacation at this time. IF THE VACATION IS APPROVED, THE KENAI PENINSULA BOROUGH ASSEMBLY HAS THIRTY DAYS IN WHICH THEY MAY VETO PLANNING COMMISSION APPROVAL OF THE VACATION. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERA'rJON SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [ AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. 1. Garv Nelson, Ability Surveys Mr. Nelson is the surveyor for this project. He asked if staff recommended approval of the section line easement vacation. Mr. Best replied staff recommended denial of the section line easement vacation based on Findings 3-5, and Mr. Nelson stated the owners were present to answer questions. He was also available to answer questions. Mr. Nelson reiterated that both parties of opposition, the Alaska State Fish & Game and adjacent landowner Terri Friedman, submitted revised comments rescinding their opposition to the vacations. Chairman Bryson asked if there were questions for Mr. Nelson. Commissioner Foster asked if the section line was buildable. Mr. Nelson replied not at all since the slope was close to a 45 degree slope. There being no further questions for Mr. Nelson the public hearing continued. 2. Otto Kilcher Mr. Kilcher owns the remainder of the 40 acres that these 4 acres was coming off of. He would like to see this move forward and agreed the road was not buildable through the canyon. Mr. Kilcher understood that all the concerns needed to be addressed to make sure there was a legitimate and buildable access. Their intent is that whatever is built would be buildable and maintainable. He couldn't say that this property wouldn't be subdivided further in the future since no one knows what could happen in the future. Mr. Kilcher expressed trust in the Borough that whatever was decided on that the alternate access would be buildable and maintainable. He stated he maintained the road since he was 13 years old and doesn't know for his purpose nor the family's purpose that the road would need to be built to a full blown width, ditch and slope. Mr. Kilcher thought the nature of the slope allows it to be steeper than to Borough specs because it has coal seams in it. Nevertheless, he KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL MEETING MINUTES PAGE 10 UNAPPROVED MINUTES

9 requested that if the property was further subdivided that it not be landlocked. Mr. Kilcher supported the vacation petition. Chairman Bryson asked if there were questions for Mr. Kilcher. Hearing none the public hearing continued. Seeing and hearing no one else wishing to speak, Chairman Bryson closed the public comment period and opened discussion among the Commission. A. Vacation of the dedication public right-of-way and associated utility easements. MOTION A: Commissioner Murphy moved. seconded by Commissioner McClure to adopt Findings1-9, 11 17, 19-21,24-25 and thereby granting the vacation of Kilcher Road right of way as petitioned. Findings 1. Per Kilcher Park Estates Burton Addition (HM ), the portion of Kilcher Road proposed to be vacated overlies an existing travel way. 2. Per HM , a recorded 30-foot easement overlies the existing travel way. 3. The recorded easement is not a public easement. 4. No alternate public dedication has been proposed over this existing road. 5. The portion of Kilcher Road proposed to be vacated is a projection ofthe existing Borough maintained Kilcher Road to the west. 6. If approved, the proposed vacation will not vacate the recorded 30-foot easement. 7. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 8. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 9. Per the submittal. the terrain between the two segments of Kilcher Road is steep. 11. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 12. Per HM , a creek is located between the two segments of Kilcher Road. 13. A site visit showed this to be a drainage. possibly seasonal. 14. An alternate proposed dedication crosses the drainage to the south. 15. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 16. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 17. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 19. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 20. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 21. Satellite imagery shows a well-defined travel way within the 30-foot easement. 24. Sufficient rights-of-way do not exist to serve the surrounding parcels. 25. To date, one utility company has provided a letter of no comment. 27. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Borough maintained Kircher Road to the west. 29. The Committee granted an exception to KPB centerline radius for the revised preliminary plat of Catkin Subdivision. 30. The Committee approved staffs recommendation to require additional 30-foot slope easements where the road crosses the canyon and creek except where additional dedication has been provided on the north side of the road east of the creek. 31. Approval of the revised plat of Catkin Subdivision is subject to conditions of the vacation. 32. The Planning Commission granted a two-year time extension request for the revised plat on February 9, 2009, which extends preliminary approval of the revised plat to February 9, KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 11 UNAPPROVED MINUTES

10 33. The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Guffers Road and Kilcher Road west of the proposed vacation). 34. Per the surveyor, the access road of primary use constructed by Yule Kilcher in the1940s is the primary current use today. Said plat (Catkin SubdiVision) will place nearly 4 acres of the 40 acres within Section 26 into the 49 acre parcel (currently within Section 23), but only if the vacation is granted. 35. Per the surveyor, the contours and the top of the slope shown on the preliminary plat shows the Canyon top to be approximately 400 feet wide and 150 feet high. The canyon bluffs are nearly 100% slopes (45 degrees), very steep. Chairman Bryson asked staff to reiterate staffs recommendations for the Kilcher Road vacation. Mr. Best replied that staffs recommendation on Motion A was based on the findings listed by Commissioner Murphy to recommend approval of the right of way vacation. MOTION A VOTE: The motion passed by unanimous consent. BRYSON CARLUCCIO COLLINS FOSTER GROSS ISHAM JOHNSON YES YES YES YES YES YES ABSENT LOCKWOOD MARTIN MCCLURE MURPHY PETERSEN TAURIAINEN 11 YES ABSENT YES YES YES YES YES 2 ABSENT B. Section Line Easement Vacation MOTION B: Commissioner Murphy moved, seconded by Commissioner Isham to adopt findings 1-16,18-20, 22-24, and grant the section line easement as requested. Findings 1. A section line easement vacation plat has been prepared. 2. Per the section line easement vacation plat provided with the submittal, the State has not yet reviewed the proposed vacation. 3. Per HM , a portion of the section line easement proposed to be vacated overlies an existing travel way. 4. Per HM , a recorded 30-foot easement overlies a portion of the section line easement proposed for vacation. 5. If approved, the proposed section line easement vacation will not vacate the recorded 30-foot easement. 6. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 7. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 8. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 9. No contour information has been provided to support this. 10. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 11. Per HM , a creek is located between the two segments of Kilcher Road. 12. A site visit showed this to be a drainage, possibly seasonal. 13. An alternate proposed dedication crosses the drainage to the south. 14. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 15. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 16. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 18. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was togged. 19. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 20. Satellite imagery shows a well-defined travel way within the 30-foot easement. KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 12 UNAPPROVED MINUTES

11 22. Sufficient rights-of-way do not exist to serve the surrounding parcels. 23. To date, one utility company has provided a letter of no comment. 24. State of Alaska Department of Fish & Game does not object to the vacation. 26. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 27. The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Guffers Road and KUcher Road west of the proposed vacation). 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension ofguffers Road (shown as KUcher South Road). Guffers Road is an extension of Kilcher Road to the west. 29. If the section line easement is vacated, a gap will be created in the 66-foot section line easement. 30. Per revised preliminary plat of Catkin Subdivision, an existing overhead power line is within the section line easement proposed to be vacated. 31. Per PC Resolution 98-12, it is desirable and prudent to retain potential future pedestrian access routes. 32. Per PC Resolution 98-12, the Planning Commission shall consider current and future access needs for pedestrians and off-road vehicles when evaluating section line easement vacation requests. AMENDMENT: Commissioner Foster moved, seconded by Commissioner Murphy to add Finding 25 in support of granting the section line easement vacation. Findings 25. Terri Friedman, adjacent landowner, submitted revised comments and does not object to the vacation. Commissioner Tauriainen asked if both objections were pulled. Mr. Best replied yes, both objections have been modified. Commissioner Tauriainen asked ifstaff still recommended denial even though both objections were rescinded. Mr. Best replied yes. AMENDMENT VOTE: The motion passed by unanimous consent. BRYSON CARLUCCIO COLLINS FOSTER GROSS ISHAM JOHNSON YES YES YES YES YES YES ABSENT LOCKWOOD MARTIN MCCLURE MURPHY PETERSEN TAURIAINEN 11 YES ABSENT YES YES YES YES YES 2 ABSENT Commissioner Tauriainen asked staff if there were enough other findings to still support denial even though the objections were removed. Mr. Best replied yes, that was correct. Commissioner Carluccio understood the section line prevents the property from being landlocked. She also realized another area could be designated by further subdivision in the future but if the section fine was vacated it might leave the property owner no alternative. Commissioner Carfuccio stated she couldn't support the section line easement vacation. Chairman Bryson stated his concern was having a buildable access. Commissioner Carfuccio understood that but at least a section line may be used even if it was not buildable. She thought it could be vacated sometime in the future if and when a buildable road was provided. Commissioner Foster stated that his concern was having something that was buildable. He thought there was a foot trail going down that same area. Chairman Bryson asked if Commissioner Foster wanted to hear from Mr. Kilcher again. Commissioner Foster replied yes. Commissioner Foster referred to Finding 32 which states, "Per PC Resolution 98-12, the Planning Commission shall consider current and future access needs for pedestrians and off-road vehicles when KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 13 UNAPPROVED MINUTES

12 evaluating section line easement vacation requests." He asked Mr. Kilcher if there was an alternate route that would go to the same place as the section line. 3. Otto Kilcher Mr. Kilcher replied that people have followed the section line at times mainly for the fun of it. He holds a personal easement from Marimac Road to Kilcher Road. The location of this proposed vacation is steep and believed his easement was only good for 30 feet so it could be difficult on the steep hillside. Mr. Kilcher wanted to close this agreement and get the title in his sister's hands. He stated, previously he gave the Borough 30 feet each side for the right of way. Mr. Kilcher was told the Borough might request an additional maintenance easement since the road was so steep. His main concern was having a road that was buildable and maintainable. He felt the issue of whether the section line was buildable was a mute point. In looking to the future, he looked forward to an unencumbered use of the road. The family would like the road improved but at least he would like to continue to maintain it. Ifthat is assured in this agreement then he asked that everything be signed and have everyone go home happy. Chairman Bryson asked if there were questions for Mr. Kilcher. Mr. Best asked if Mr. Kilcher lived off these roads. Mr. Kilcher replied yes. Mr. Best asked if he traveled the Marimac Road route or the Kilcher Road route. Mr. Kilcher replied that he mostly goes on Kilcher Road. Chairman Bryson stated there was another member of the public who wanted to speak to the commission and asked if the Planning Commission had objection to hear additional testimony. Hearing none, the member of the public was allowed to address the commission. 4. Catkin Kilcher-Burton Ms. Kilcher is the applicant requesting the section line easement vacation. She is also a member of the family who owns the Kilcher Homestead to where Kilcher Road leads. To address the concern by Commissioner Carluccio, this particular section line easement is very steep and in her opinion is not buildable through the canyon. Kilcher Road is the primary access to the homestead and is what the family and guests use. Ms. Kilcher stated it is steep but is drivable. There will need to be retaining walls and slopes put in on the 60 foot right ofway dedication to keep it from sloughing off in the future. She expressed concern if it was not properly sloped. The intent of vacating the small section line is because it is a section line to nowhere since it drops into the canyon. Ms. Kilcher felt it allows for the consolidation of the 4 acre piece with the piece above it and she asked that, that be considered. Chairman Bryson asked if there were questions for Ms. Kilcher. Commissioner Tauriainen asked if Ms. Ki/cher referred to Kilcher Road south coming off Guffers Road. Ms. Kilcher replied that Kilcher Road was what was referred to on the map as Guffers Road. She wasn't sure at what point the road through the canyon was named Guffers Road. The road she referred to as Kilcher Road south was named Kilcher Road on the map. That road was built by her father primarily to access the Kilcher homestead. Commissioner Carluccio asked if Kilcher Road going through the canyon was the same as the section line easement. Ms. Kilcher replied the road through the canyon that they use is shown as Guffers Road on the map and is what is being used to get to the homestead. It is not the subject of the easement. Commissioner Carluccio asked if the Kilcher Road that was being used, was an acceptable and buildable road according to Borough standards. Ms. Kilcher deferred that question to the surveyor, Gary Nelson. Mr. Nelson referred to the June 9 Plat Committee minutes which states, "Staff recommends a 20 foot lateral slope easement be increased to 30 feet each side of the 60 foot dedication east ofthe creek." "He responded that staff recommended slope easements just for that portion through the canyon." It gives a roadbed of easements with a 30 foot from centerline of dedicated right of way and an additional of 30 feet of lateral slope easement for 60 feet from centerline which gives a 120 foot wide swath to construct a road. Mr. Nelson had KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 14 UNAPPROVED MINUTES

13 submitted a profile showing that the road was within Borough required grades at this time. It would be reconstructing the road to fit there but believed the road could be built to Borough standards. 5. Otto Kilcher Mr. Kilcher thanked the Commission for their time and felt Mr. Nelson answered his question regarding the easements and relieves the concerns he had. He agreed that the extra easement was doable and felt the road was buildable. Mr. Best referred to KPB which states, "The subdividershall demonstrate that streets can be readily constructed in accordance with current borough road standards..." Staff's calculations are that there is no way a Borough standard road in that particular location could be built. Itwould require engineering for the road to be built. Commissioner Tauriainen asked if a road could be built on the subject easement. Mr. Best replied no, not on the section line easement. Commissioner Tauriainen asked why that would need to be kept in place. Mr. Best replied that in past experiences when right of ways have been accepted that couldn't be built to Borough road standards then someone would demand that a road be built because the dedication was accepted where it couldn't be built. Then someone would question why a substandard right of way was accepted but was not able to be built to Borough road standards. Staff gets it coming and going which is why staff expressed concern about being able to put in a road at this location to Borough standards. Commissioner Petersen asked staff if the surveyor submitted a road design that might be approved. Mr. Best replied the surveyor submitted a centerline profile of the current road which meets the profile conditions but it doesn't work when it was put in a template for a roadbed to Borough standards. Commissioner Murphy couldn't understand why a section line easement couldn't be vacated if the road couldn't be built. She asked what that had to do with the other road that was being talked about and felt it was the difference between apples and oranges. Commissioner Murphy asked if one depended on the other. Mr. Best replied not necessarily. He thought a bridge could be built but thought it was too cost prohibitive. As far as what they were looking at was what they were accepting as an adequate right of way. When staff accepts a right of way then they need to make sure it could be readily built. Commissioner Murphy asked if they were looking at the right of way. Mr. Best replied that the State of Alaska requires there be alternate or equal or better access when the section line easement is vacated. Commissioner Murphy stated it appeared the State felt adequate access could be obtained. Mr. Best stated the non-objection came from the State Department of Fish & Game not from the State Department of Transportation. The State Department of Transportation and State Department of Natural Resources are the authorities on section line easements. Commissioner Foster stated that a road was equal or better if there is a buildable road even if it is not up to Borough standards. Chairman Bryson stated there was another member of the public who wanted to speak to the commission and asked if the Planning Commission had objection to hear additional testimony. Hearing none, the member of the public was allowed to address the commission. 6. Fay Smith Ms. Smith felt there seemed to be a lot of confusion at this meeting. The proposed section line easement vacation has nothing to do with the rest of Kilcher Road. She questioned how nothing could be replaced with something since there was nothing there now. The section line easement does not currently have a road on it. It is totally a private piece of property that has a section line crossing one end of it. Ms. Smith felt it was two separate issues because it has nothing to do with Kilcher Road. She also felt that Kilcher Road was improvable and buildable. The little portion of the section line easement should not be considered as replacement for or access to something. It does not connect to Marimac so it was a mute point. KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 15 UN,f..PPROVED MINUTES

14 Chairman Bryson asked if there were additional questions. Commissioner Tauriainen asked staff if Kilcher Road or Guffers Road needed to be built to Borough standards. He asked what would be cheaper, building a road across the current easement or fixing the current road. Mr. Best replied that Ms. Smith was correct that it was two issues. The road may meet the requirements from the State's perspective of equal or better but it doesn't meet the Borough Code for acceptance of a right ofway. That is where the rub comes in; it may meet all the State requirements but then the Borough gets strapped with having to build and maintain it in the future. Commissioner Tauriainen asked if the Borough would have to take care of it if the section line remained. Chairman Bryson replied the Borough Roads Department is the one who accepts roads into the Borough road system. AMENDMENT: Commissioner Foster moved, seconded by Commissioner Murphy to add Finding 33 to the list of findings which states as follows: Additional Finding 33. It is the opinion of Borough staff that the section line easement is not constructible to Borough road standards. AMENDMENT VOTE: The motion passed by unanimous consent. BRYSON CARLUCCIO COLLINS FOSTER GROSS ISHAM JOHNSON YES YES YES YES YES YES ABSENT LOCKWOOD MARTIN MCCLURE MURPHY PETERSEN TAURIAINEN 11 YES ABSENT YES YES YES YES YES 2 ABSENT RESTATED MOTION B WITH AMENDED FINDINGS FACTS: MOTION B: Commissioner Murphy moved, seconded by Commissioner Isham to adopt Findings 1-16, 18-20, 22-24, and grant the section line easement as requested. Findings 1. A section line easement vacation plat has been prepared. 2. Per the section line easement vacation plat provided with the submittal, the State has not yet reviewed the proposed vacation. 3. Per HM , a portion ofthe section line easement proposed to be vacated overlies an existing travel way. 4. Per HM , a recorded 3D-foot easement overlies a portion of the section line easement proposed for vacation. 5. If approved, the proposed section line easement vacation will not vacate the recorded 30-foot easement. 6. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 7. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 8. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 9. No contour information has been provided to support this. 10. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 11. Per HM , a creek is located between the two segments of Kilcher Road. 12. A site visit showed this to be a drainage, possibly seasonal. 13. An alternate proposed dedication crosses the drainage to the south. 14. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 15. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 16. It has not been demonstrated that the constructed road could ever meet Borough standards in the KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13, 2009 MEETING MINUTES PAGE 16 UNAPPROVED MINUTES

15 proposed dedication. 18. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 19. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types ofemergency service vehicles could use the road. 20. Satellite imagery shows a well-defined travel way within the 3D-foot easement. 22. Sufficient rights-of-way do not exist to serve the surrounding parcels. 23. To date, one utility company has provided a letter of no comment. 24. State of Alaska Department of Fish & Game does not object to the vacation. (AMENDED FINDING 25) 25. Terri Friedman, adjacent landowner, submitted revised comments and does not object to the vacation. 26. Kachemak Heritage Land Trust submitted a letter ofsupport for the proposed vacation. 27. The surveyorsubmitted a road plan andprofile for Kilcher South Road (an extension ofguffers Road and Kilcher Road west ofthe proposed vacation). 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin SubdiVision) that provides a right-of-way dedication over the existing travel way, which is an extension ofguffers Road (shown as Kilcher South Road). Guffers Roadis an extension ofkilcher Road to the west. 29. If the section line easement is vacated, a gap will be created in the 66-foot section line easement. 30. Per revised preliminary plat of Catkin Subdivision, an existing overhead power line is within the section line easement proposed to be vacated. 31. Per PC Resolution 98-12, it is desirable and prudent to retain potential future pedestrian access routes. 32. Per PC Resolution 98-12, the Planning Commission shall consider current and future access needs for pedestrians and off-road vehicles when evaluating section line easement vacation requests. (ADDED FINDING 33) 33. It is the opinion ofborough staff that the section line easement is not constructible to Borough road standards. There being no further comments or discussion, Chairman Bryson called for a roll call vote. MOTION B VOTE: The motion passed by majority consent. BRYSON CARLUCCIO COLLINS FOSTER GROSS ISHAM JOHNSON YES NO YES YES YES YES ABSENT LOCKWOOD MARTIN MCCLURE MURPHY PETERSEN TAURIAINEN 10YES ABSENT YES YES YES YES YES 1 NO 2 ABSENT AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate a portion of the 25' right-of-way easement within Lot 7F, granted by V A Edington Subdivision (Plat HM 65-SS9); Section 1, Township 6 South, Range 13 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; Location: Fritz Creek area; KPB File ; KPBPC Resolution Staff Report reviewed by Max Best PC Meeting: 3/23/09 & 4/13/09 Purpose as stated in petition: I wish to relocate easement. New home constructed on property - new septic system in area of old driveway (easement). Old driveway (easement) dissects my small lot. The driveway (easement) has been relocated to East property boundary. Petitioner: Christine Swan of Homer, Alaska. Notification: KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 13,2009 MEETING MINUTES PAGE 17 UNAPPROVED MINUTES

16 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street. Soldotna, Alaska PHONE: (907) FAX: (907) Toll-free within the Borough: , Ext DAVID R. CAREY BOROUGH MAYOR April 16, 2009 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEE"r1NG OF APRIL 13, 2009 RE: A. Vacate Kilcher Road, the 33-foot wide by 365-foot portion of the RIW adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. AND Vacate the 33-foot portion of the section line easement underlying the above mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of section 23. Also vacating feet of the 33-foot section line easement south of the north boundary line of section 26, starting from the eastern corner and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files & , as shown on the attached plat. Petitioners: Catkin and Thomas Clyde Burton of Kailua. HI & Otto Edwin Kilcher of Homer, AK; Location: Fritz Creek area; (Continued from March 23, 2009 Planning Commission meeting.) Vacation of the dedication public right-of-way and associated utility easements. Based on the following findings of fact, the Kenai Peninsula Borough Planning Commission approved the proposed right of way vacation as petitioned during their regularly scheduled meeting of April 13, Findings 1. Per Kilcher Park Estates Burton Addition (HM ), the portion of Kilcher Road proposed to be vacated overlies an existing travel way. 2. Per HM , a recorded 3D-foot easement overlies the existing travel way. 3. The recorded easement is not a public easement. 4. No alternate public dedication has been proposed over this existing road. 5. The portion of Kilcher Road proposed to be vacated is a projection of the existing Borough maintained Kilcher Road to the west. 6. If approved, the proposed vacation will not vacate the recorded 3D-foot easement. 7. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 8. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 9. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 11. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 12. Per HM , a creek is located between the two segments of Kilcher Road. 13. A site visit showed this to be a drainage, possibly seasonal. 14. An alternate proposed dedication crosses the drainage to the south. 15. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 16. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 17. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication.

17 19. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 20. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 21. Satellite imagery shows a well-defined travel way within the 30-foot easement. 24. Sufficient rights-of-way do not exist to serve the surrounding parcels. 25. To date, one utility company has provided a letter of no comment. 27. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Borough maintained Kilcher Road to the west. 29. The Committee granted an exception to KPB centerline radius for the revised preliminary plat of Catkin Subdivision. 30. The Committee approved staff's recommendation to require additional 30-foot slope easements where the road crosses the canyon and creek except where additional dedication has been provided on the north side of the road east of the creek. 31. Approval of the revised plat of Catkin Subdivision is subject to conditions of the vacation. 32. The Planning Commission granted a two-year time extension request for the revised plat on February 9, 2009, which extends preliminary approval of the revised plat to February 9, The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Guffers Road and Kilcher Road west of the proposed vacation). 34. Per the surveyor, the access road of primary use constructed by Yule Kilcher in the1940s is the primary current use today. Said plat (Catkin Subdivision) will place nearly 4 acres of the 40 acres within Section 26 into the 49 acre parcel (currently within Section 23), but only if the vacation is granted. 35. Per the surveyor, the contours and the top of the slope shown on the preliminary plat shows the Canyon top to be approximately 400 feet wide and 150 feet high. The canyon bluffs are nearly 100% slopes (45 degrees), very steep. B. Section Line Easement Vacation Based on the following findings of fact, the Kenai Peninsula Borough Planning Commission approved the proposed section line easement vacation as petitioned during their regularly scheduled meeting of April 13,2009. Findings 1. A section line easement vacation plat has been prepared. 2. Per the section line easement vacation plat provided with the submittal, the State has not yet reviewed the proposed vacation. 3. Per HM , a portion of the section line easement proposed to be vacated overlies an existing travel way. 4. Per HM , a recorded 30-foot easement overlies a portion of the section line easement proposed for vacation. 5. If approved, the proposed section line easement vacation will not vacate the recorded 30-foot easement. 6. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 7. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 8. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 9. No contour information has been provided to support this. 10. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 11. Per HM , a creek is located between the two segments of Kilcher Road. 12. A site visit showed this to be a drainage, possibly seasonal. 13. An alternate proposed dedication crosses the drainage to the south. 14. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road.

18 15. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 16. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 18. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 19. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 20. Satellite imagery shows a well-defined travel way within the 30-foot easement. 22. Sufficient rights-of-way do not exist to serve the surrounding parcels. 23. To date, one utility company has provided a letter of no comment. 24. State of Alaska Department of Fish & Game does not object to the vacation. 25. Terri Friedman, adjacent landowner, submitted revised comments and does not object to the vacation. 26. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 27. The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Guffers Road and Kilcher Road west of the proposed vacation). 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Kilcher Road to the west. 29. If the section line easement is vacated, a gap will be created in the 66-foot section line easement. 30. Per revised preliminary plat of Catkin Subdivision, an existing overhead power line is within the section line easement proposed to be vacated. 31. Per PC Resolution 98-12, it is desirable and prudent to retain potential future pedestrian access routes. 32. Per PC Resolution 98-12, the Planning Commission shall consider current and future access needs for pedestrians and off-road vehicles when evaluating section line easement vacation requests. 33. It is the opinion of Borough staff that the section line easement is not constructible to Borough road standards. In accordance with AS , no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly. The proposed vacation will be forwarded to the Borough Assembly. The Assembly shall have 30 calendar days from the date of approval in which to veto the Planning Commission decision. If the Planning Director receives no veto within the specified period, the Borough shall be considered to have given consent to the vacation. Please contact the Borough Clerk's office ( or toll-free within the borough) to verify the date the subject vacation will be reviewed by the Assembly. This notice and unapproved minutes of the subject portion of the meeting were sent April 16, 2009 to: Ability Surveys Otto Kilcher 152 Dehel Avenue PO Box 373 Homer, AK Homer, AK Catkin Burton, Clyde Thomas Burton Fay Smith & Melody Catkin PO Box Uluhao Place Fritz Creek, AK Kailua, HI Terri Friedman Kachemak Heritage Land Trust 283A Colusa Avenue 315 Klondike Avenue Kensington, CA Homer, AK 99603

19 AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate Kilcher Road, the 33-foot wide by 365-foot portion of the RIW adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. AND Vacate the 33-foot portion of the section line easement underlying the above mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of section 23. Also vacating feet of the 33-foot section line easement south of the north boundary line of section 26, starting from the eastern comer and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files & , as shown on the attached plat. Petitioners: Catkin and Thomas Clyde Burton of Kailua, HI & Otto Edwin Kilcher of Homer, AK; Location: Fritz Creek area; Continued from March 23, 2009 Planning Commission meeting. No motion on the floor.) SECOND ADDENDUM TO THE STAFF REPORT PC Meeting: 4/13/09 This addendum addresses the surveyor's comments during the March 23, 2009 public hearing and provides supplementary findings based on additional information. The existing travel way extending from Marimac Avenue to the proposed subdivision is a private easement that provides constructed access to the subject parcels as well as the 613 acre parcel to the east A portion,of the existing travel way is within Kilcher Road right-of-way, a public road that is proposed to be vacated. Staff cannot support vacating any public right-of-way that overlies an existing travel way in this area unless an alternate, superior right-of-way is provided in lieu of eliminating the public dedication. The latest design of Catkin Subdivision provides this alternate right-of-way. The Plat Committee conditionally approved the first plat for Catkin Subdivision on November 22, The Planning Commission approved a time extension in 2005, which extended preliminary approval to April 25, On May 27, 2008, the Committee conditionally approved a revised preliminary for Catkin Subdivision submitted by a different survey ftrm. The revised plat provides a right-of-way dedication over the existing travel way that is an extension of Gutters Road (shown as Kilcher South Road). Guffers Road is an extension of Borough maintained Kilcher Road to the west. The Committee granted an exception to KPB centerline radius. Additionally, the Committee approved staff's recommendation to require additional 30-foot slope easements where the road crosses the canyon and creek except where additional dedication has been provided on the north side of the road east of the creek. Approval of the revised plat is subject to conditions of the vacation. The Planning Commission granted a two-year time extension request for the revised plat of Catkin Subdivision on February 9, 2009, which extends preliminary approval for the revised plat to February 9, The surveyor submitted a road plan and profile for Kilcher South Road, which is the alternate right-of-way dedication provided by Catkin Subdivision revised preliminary plat. Plat Note 3 on the revised preliminary puts the public on notice that roads not constructed to KPB Code cannot be considered for the Borough Road Maintenance Program. Per the surveyor, the access road of primary use constructed by Yule Kilcher in the 1940s is the primary current use today. Said plat (Catkin SUbdivision) will place nearly 4 acres of the 40 acres within Section 26 into the 49 acre parcel (currently within Section 23), but only if the vacation is granted. Per the submittal, though the owners/agents of north and south parcels want the vacation now and could ask for needed dedications during future subdivision actions, the 613 acre parcel to the east is the Yule 2

20 Kilcher Homestead. Mr. Kilcher placed that parcel under a conservation easement managed by Kachemak Heritage Land Trust. The easement specifies no further subdivision. The petitioners of this vacation request are Mr. KUcher's children and only wish to divide their land interest as appropriate, but under the same spirit of conservation and preservation of undeveloped scenic values. KPB Title 20 allows further subdivision of the parcels north (approximately 49 acres) and south (40 acres) of the proposed vacation. However, further subdivision may not be possible if the parcels are encumbered by the conservation easement. Enforcement of the conservation easement is a private matter between the property owners and the entity to which the easement is granted. Per the surveyor, the contours and the top of the slope shown on the preliminary plat shows the Canyon top to be approximately 400 feet wide and 150 feet high. The canyon bluffs are nearly 100% slopes (45 degrees), very steep. Based on this information, it appears very unlikely the segment of KUcher Road to the west and the portion of Kilcher Road proposed for vacation can connect following the section line. Kilcher Road South, which is dedicated over an existing travel wayan Catkin Subdivision, appears to be the logical extension of KUcher Road to the west per KPB After the surveyors comments had been prepared, he was informed that the historic road was modified so that logging trucks could use it, and they did use it Additional findings have been provided based on the surveyors comments and written objection from an adjacent landowner.' Review of the March 9 letter from the State Department of Fish &Game, indicates they object to vacation of the section line easement with no comment for the proposed vacation of a portion of Kilcher Road. A. Vacation of the dedication public right-of-way and associated utility easements. Vacate Kilcher Road, the 33-foot wide by 365-foot portion of the RfIN adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Ker'i'ai F>eninsula Borough. KPB Files Based on the surveyors testimony providing during the March 23, 2009 public hearing, it appears Findings 10, 18, 22, and 23 are, or may be, inaccurate and should not be considered. Staff included these findings in the list to maintain the original numbering from the March 23 staff report and for clarity. Findings 1. Per Kilcher Park Estates Burton Addition (HM ), the portion of Kilcher Road proposed to be vacated overlies an existing travel way. 2. Per HM , a recorded 30-foot easement overlies the existing travel way. 3. The recorded easement is not a public easement 4. No alternate public dedication has been proposed over this existing road. 5. The portion of Kilcher Road proposed to be vacated is a projection of the existing Borough maintained Kilcher Road to the west. 6. If approved, the proposed vacation will not vacate the recorded 30-foot easement. 7. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 8. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 9. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 10. No contour information has been provided to support this. 11. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 12. Per HM , a creek is located between the two segments of Kilcher Road. 13. A site visit showed this to be a drainage, possibly seasonal. 14. An alternate proposed dedication crosses the drainage to the south. 15. The altemate dedication, proposed by Catkin Subdivision, overlies a constructed road.

21 16. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 17. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 18. The Borough has not agreed to acceptance of the alternate dedication to date. 19. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 20. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 21. Satellite imagery shows a well-defined travel way within the 30-foot easement. 22. Approval of the proposed vacation will eliminate one of two constructed rights-of-way to the 613 acre parcel to the east 23. Approval of the proposed vacation will eliminate the only right-of-way frontage for the northeastern portion of the 613-acre parcel. 24. Sufficient rights-of-way do not exist to serve the surrounding parcels. 25. To date, one utility company has provided a letter of no comment. 26. State of Alaska Department of Fish & Game objects to the vacation. Additional Findings 27. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an extension of Gutters Road (shown as Kilcher South Road). Gutters Road is an extension of Borough maintained Kilcher Road to the west 29. The Committee granted an exception to KPB centerline radius for the revised preliminary plat of Catkin Subdivision. 30. The Committee approved staff's recommendation to require additional 30-foot slope easements where the road crosses the canyon and creek except where additional dedication has been provided on the north side of the road east of the creek. 31. Approval of the revised plat of Catkin SUbdivision is SUbject to conditions of the vacation. 32. The Planning Commission granted a two-year time extension request for the revised plat on February 9, 2009, which extends preliminary approval of the revised plat to February 9, The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Gutters Road and KUcher Road west of the proposed vacation). 34. Per the surveyor, the access road of primary use constructed by Yule Kilcher in the1940s is the primary current use today. Said plat (Catkin Subdivision) will place nearly 4 acres of the 40 acres within Section 26 into the 49 acre parcel (currently within Section 23), but only if the vacation is granted. 35. Per the surveyor, the contours and the top of the slope shown on the preliminary plat shows the Canyon top to be approximately 400 feet wide and 150 feet high. The canyon bluffs are nearly 100% slopes (45 degrees), very steep. AMENDED STAFF RECOMMENDATION: Based on Findings 8, 11-13,15, and staff recommends approval of the vacation of Kilcher Road as petitioned. IF THE VACATION IS APPROVED, THE KENAI PENINSULA BOROUGH ASSEMBLY HAS THIRTY DAYS IN WHICH THEY MAY VETO PLANNING COMMISSION APPROVAL OF rhe VACATION. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [ AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. B. Section Line Easement Vacation

22 Vacate the 33-foot portion of the section line easement underlying the above-mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of Section 23. Also vacating feet of the 33-foot section line easement south of the north boundary line of Section 26, starting from the eastern comer and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File Based on the surveyor's testimony providing during the March 23, 2009 public hearing. it appears Findings 17 and 21 are, or may be, inaccurate and should not be considered. Staff included these findings in the list to maintain the original numbering from the March 23 staff report and for clarity. Findings: 1. A section line easement vacation plat has been prepared. 2.!Jer the section line easement vacation plat provided with the submittal, the State has not yet reviewed the proposed vacation. 3. Per HM , a portion of the section line easement proposed to be vacated overlies an existing travel way. 4. Per HM , a recorded 3D-foot easement overlies a portion of the section line easement proposed for vacation. 5. If approved, the proposed section line easement vacation will not vacate the recorded 30-foot easement. 6. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 7. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 8. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 9. No contour information has been provided to support this. 10. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 11. Per HM , a creek is located between the two segments of Kilcher Road. 12. A site visit showed this to be a drainage, possibly seasonal. 13. An alternate proposed dedication crosses the drainage to the south. 14. The altemate dedication, proposed by Catkin SUbdivision, overlies a constructed road. 15. Based upon the site Visit, the constructed road in the altemate dedication does not meet Borough standards. 16. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 17. The Borough has not agreed to acceptance of the alternate dedication to date. 18. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 19. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 20. Satellite imagery shows a well-defined travel way within the 30-foot easement. 21. Approval of the proposed vacation will eliminate public access to the1613-acre parcel to the east 22. Sufficient rights-of-way do not exist to serve the surrounding parcels. 23. To date, one utility company has provided a letter of no comment 24. State of Alaska Department of Fish &Game objects to the vacation. Additional Findings 25. Terri Friedman, adjacent landowner, objects to the vacation. 26. Kachemak Heritage Land Trust submitted a letter of support for the proposed vacation. 27. The surveyor submitted a road plan and profile for Kilcher South Road (an extension of Guffers Road and Kilcher Road west of the proposed vacation). 28. On May 27, 2008, the Committee conditionally approved a revised preliminary plat (Catkin Subdivision) that provides a right-of-way dedication over the existing travel way, which is an

23 extension of Guffers Road (shown as Kilcher South Road). Guffers Road is an extension of Kilcher Road to the west. 29. If the section line easement is vacated, a gap will be created in the 66-foot section line easement. 30. Per revised preliminary plat of Catkin Subdivision, an existing overhead power line is within the section line easement proposed to be vacated. 31. Per PC Resolution 98-12, it is desirable and prudent to retain potential future pedestrian access routes. 32. Per PC Resolution 98-12, the Planning Commission shall consider current and future access needs for pedestrians and off-road vehicles when evaluating section line easement vacation requests. Staff cannot recommend vacation of a section line easement for which objections from a State of Alaska Department and a landowner have been received. STAFF RECOMMENDATION: Based on Findings 3-5, 24, 25, and staff recommends denial of the section line easement vacation at this time. IF THE VACATION IS APPROVED. THE KENAI PENINSULA BOROUGH ASSEMBLY HAS THIRTY DAYS IN WHICH THEY MAY VETO PLANNING COMMISSION APPROVAL OF THE VACATION. DENIAL OF A VACA110N PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI. ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [ AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF SECOND STAFF REPORT ADDENDUM

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26 J._~,...,..._ CS 1/16 COR. SEC. 23 SE 1/16 COR. KILCHER PARK ESTA1ES BURTON ADDITION (AMENDED) HM LOT 1 E 1/16 COR. SEC'S. i3 at 26 KILCHER ROAD TO BE VACATED JJ'XJ65' ROW PER Hlol /4 COR. 2J... --' NOTM't"I~ 1I.--D... ld... MY llll7.21, NOT VACAlED ON 26 SOUTH SlOE Of SECllON UNE EAST '.. ======== NW 1/4, NE 1/4. SEC.26 NOT""'.iiifA.cr... "'-- = Q.ili... _... 1'lACI... NOT... --'..-..,. 10-*:. lay n ========= Noiiiri'... 1ii.l... "' IrUlsr 1If ~r_lwt.. WMM._ I'l'.. _W LMD'.a.-.rIllXllilBlllD... IBDIIIaIl n M'lE _..._--- - AT...tlI _......, wlut.uw... NT HftOYtl. _""'T..,...,.IT_...-u...~ JDAASb... itndl IDDW'WMlr:... P'llflLA~1DCIJJ'IDI1IQ... (.,... I'IW _-...,ID-.MlL cp1!icate:' f' 0lIIERHII.._... 1""..,...-. Wy rn.M'" -...t.... ~.-r~""'(, 'ADm ano"'1liab _... --' NMAIn"8~ ~ n======= 1D IlA' ti.,. Rii 'ii ita1i " IiLIiiX "' WRN..'.. aa1d8tal - -. m=nm-e''sucpnn I'l'.. ~II'PICI,....,.. ~ -"'I'l' 11: _... PH pp' '''l'-'r-'p'' prr ~ClfIICI) \ "L i i r, ~ -I F i :,.1 i , i ~ 1 WE'IDt ~ U.I. II,IIIW;Y net, 1 u.s. 'N:#C M CTMa DAlE Of' SUR~ HAIlE Of' SUR\ Yal OAllY NEI.SQl ee'ij1nnlnv NO r!elp IlJR)U 152 OEHEL AVE. Ending HOllER, ALASKA D980J STA Of' ALASkA DEPARlIlENT Of NATURAL RESOURCES DIVISION OF MININQ, LAND <Ie WATER ANCHORAGE. ALAIKA SEC1l0N-UNE EASEMENT VACA1l0N PLAT AnocIat.d with K1LCHER PARK ESTATES BURTON AOOlilON wllhln SU~)IOd Soc', 23 OIllS11llCT.. 28 Us.. Rl2W. S. II. N<. ORA""" BV, --=..!... APPROVAL RECOllIlENDED DAlE: ODI ST' seal., 1'- 200' OlECI<ED, OHlt FlU: NO. SHEET 1 OF 1... EV

27 NOTARY's ACKNO'IfLEDGEMENT SU8SCRlBfP- AND SWORN TD BEFORE &1 THIS _,.J.t1!L NOTES FOUND J" B.C. GLO MON '917 DAy OF tvoufmlle 'L. 2ooJ. 'f<.~1~.~ I. THE B<SIS OF _INGS FOR THIS SlIR\fl' IS EAST BfJWffN FOUND J" B.C. elo MON 19/7 FOR, k th- n III 2. e"l u::t( j I'...~.,ON t.ti.\...~) /11 Slr/IOI( cainei/ _ If) SR:TIONS Z2, 2~ "[IfL.'1/~:Sf":{f.or SEC/1ON 26, H~ No ANO 27 NofJ TIE Gl FOUND 2 1/2" AI.-OIP, 5780-S, 2001.~ ~~''' I Y' ''''i~o'~ \ HOIJCST AD ~:/Ho-- : S ~~~t!-/,'(g; AI. -OIP ON 2" AI... PiPE AU. STREFT RICH1'S-OF-WAY UNLCSS A LESSER STANOARD 1$ J.. 5/B",JO" RE-8M? If/TH 2" AI. -CAP SET' AT ALL PROPERTY o POWER POLE E/mRE SETB<CK WITHIN 5 FEIT OF SlOE LOT LINES IS A "- CREEK ".'o.,~ ~ MY COMMISSION EXPiRES /(1 -'9 - of'i!>?qi " _J APPROVED BY RESOLUTION OF THE APPROPRJArE PlANNING CORNERS THIS SURI-fY (7968-S, 2ooJ) Cf»I&IISS1ON. NOTARY'S ACKNOWLEDGEMENT J. lie FIIONT 10 flu OF lie 20 root I1UIUJINC S09ACK AM TH... SUBSCRIBro AN/} _ ro ~!MY OF HGlekc. 2OO.J. AlE THIS ~ 1\\ UIIITY EASVIENT. NO ~5Il!UC1lJIl SIW.l. 11 CONSIRUCIfll... BASIS OT MA1lINCS CAST 26fO.o(R) 2aJ41o(F) FOIl: lit\... t...«t S S ~PLA~~0:-~~ rr::t'e'm~r.inthifuif ---- LSIIJIC I((JfIEST NJ (PlAT "'-12 H.R.D.) tfclnfty IMP ~&n..tjl... 1 ~.,--~~-""~,~. -~ ~ <. IUCSC m<cts I09I.L BE SEJMD BY ON~ ~7Vl AND Sllmf. i.otmyp!ibl~-~ 5. rnrne IS A SEcnON UNE EASClJen VNDCRL'r7NG THE ~ SlEPARDS HILL DfiJICATION OF /(ILCHER ROAD. :. NO. ~ EXISI1NG MY COWISS1ON EXPtRfS /Ouc.hu:,..,. DIlAINACE EASElIENr. EXCEPT WHfflE NOrm DTHEIrWISE. DEDICATED.JJ' R/W ~ ~ 7. TRACT 0-1 SHALL HOT BE CIJNVDW SEPARAmy FT10M ~J! _ - L ~ 'L!~ ofls'~ '- - - ~ - _ ~ "'<"': -=-_. CER77F7CATE OF OWNERSHIP TRACT 0-2, UNf//. ENGINEERING FOR PROPEIl WAS1IlI'AID/ _ ' or. - /If _ CEliIFY m.t /If ARC THE 0II/iERS OF lie ROl,. tt i.~_ \!""- DISPOSAL IS APPROVUJ BY THE: APPIIOPRIArt: AUTHORITY. 27 2/J ~ t... ~.u~ PfIOPf}fTY SHOW AND D SCR1fIf'D I/(/ifi/N. m.t IIf IIf1IE8'f 8. ROADS MUST MEET THE DESIGN AND CONS"TIlUCnON SEC COR ADOPT TWS PlAT OF ~ S;;:S~~(;::':.:::::.u~~ '::.EII ::'-W~~ UAlNT HN<CE PROGRJW. -'78',. EXISTINC 0VE11HEAD /'OWERLINE' IS CEH/ERUNE or A 20 FOOT HILLSIDE 1Q STEAD WIDE ELCCIIl/CAL DlST1lI8UT1ON UNE WOIENT.. LOT I ~ AND BY CIt«f!lf COI6DIr lleilcal JILl. RICHTS OF "'Y AND I'I.flLC.-.s ro FU8l.1C II5l; AM _ JILl. EASlJLfNIS ro lie USE SHOW I IlfllN. _wn... ""rlin Friodman 10 1tISIINC UNIXRGIIOUND POfIER LH 15 CCN/fRlMC OF A 15 FOOT,JOt Ir ST "'DC ner:lil/cal DlSTRIfJUTION UNE EAsOIENT. SF<J«NI~1M 1-4lH A~ Nt D<CEP/ION TO 7<PfI PfRTAJNINNr; ro /1fE J: I LOT LfNG1H/lt'I01H RAllO WAS CIl.WIDl. ID IIlACT C. UNE TABLE i ~L ElLIOTT ZEllER f""",,"y _... GO EJIiott F_ ~ "'00 SAN _0 AV. 5lRI 2IXJB " ~, UHE 9 ARING l NGTH,le{J' ~I ~ n CDlRI1O. Co !!/I """'. I-~_- W N.J:r<2'.JJ" II' 2'9. J,. L< S 90'0D00 It' /00.00 L2 s tw5/j'.,' E 16J.S6 1'>1a; I ~ e LOT ~ IS " Aery"..., L5 S 05'J<'.2 E JJ9.27.,,' ~I RI F1IIm / ~. L6 22'.<5 L7 N 9U0000' E 26.JHJ LIJ S 00'02'., E ".!IS I z L9 N 90' E I ':y*«1.. <.JJ 0CENMflt' N 0<"2.'.'" '", I bi KENSINGTON. CI 9<707 LlO 2J1J.J6 0'"... S 22"06'2" E I ;;.~.. \!i.,to ~)) LlI 5 3V58'4'" E I/J,.DO \ Ll2 N 05'J 2' II' 2//'.0< SUBSCRIBED AND ~ TO ~ \ " LH S 00'02.,' E... 6IJ./J'! FOR: ""D:tti r,teac\e,= <67.1JS :s Ll6 N 6O'J6'<O" It' 557,J5 U7 N (j{j""6'''io- W 576.S9.'7.S1 TRACT -2 1.SJ5 AefW6 LlJ S 00iJ2'49 <32.DO 1MY OF l)c"..,c. ZOOJ. AlE 1HIS 5 NOTNiY PUiPJC FOR ~ li,"s PLAT APPROVAL 1>IIS PlAT IIC4S APf'R(MD fly TH KENAI PENINSUlA 8OROUGH SCN.. : ".. XXJ' illil PIANNJNG COUWSS1ON Ar /1fE IIEEI1NG OF $f... ",1.1. KPB File No.2, KENAi PCNINSUIA 8IJROIJCH 'm-,~ fly: A~omcw.. ESIfl. HIUSIDE HOMESTEAD No. 2 Iqt "Ie _"'1'\ A sijsomston OF THE IJNSUBOMD D ff WJNOER HIllSIDE HOMESTFAD SUBO, ('99-72 HRD), LOCA1 D ~ SURVEYOR'S CERTIFICATE IN THE NW 1/4 OF S CTION 26, 1rJWNSHIp 5 S., RANCE 12 Jr., I HERf/r( CERTIFY THl.T I AM 1'IIOffRLY NU:7STOIHJ AND UC NSCJ fas7jtan'r DISPOSAL: ~ 1If:RIDI,fN, H06/ER R COROING DlSTHlCT, TO PRICTICE IN(l) 5lIIM1'1NG IN /lie STArt: OF ~ AN/} THl.T ~:~~II" TRAcTS B-1. B-2. -C E-I AND E-2 IN THIS SUBIJMSJON THIRD JUDICIAL DtSTRfCT. STAI OF' THIS PlAT RfPfIE5 HT5 A Sl/IM:Y ""Df" fly ME OR UNOER MY.":..'\~... -'fj-'. ME AT t AST 200,000 SQU4Il FffT DR NOMINAl., ACRES IN SIZE. CONTAINING 9.1. '/JO ACRES DIReCT sup 1MSlOll. NtID 1HtlT 11 IKJNUll NTS SHOf!/fN HER ON CONDl7JONS U4t" NOT BC swrabu FOR ONSITE WAS1l'WAT R rrcar MENT AND 0I5PD~ ANY II'AS/lWAID1 IIl 4Ti1ENT OR OISPOSAJ.. '."7' *, t SISm.t MUST MEET THE REGULATORY REQurRD<ENTS OF THE ALAS~ SEABRIGHT SURVEYING OCPARTUENT OF ENVIROMIENTAL CONSE"RVAIION. 10# EAST RD, SUITE A ACILWLY EXIST AS 0CSC1I1MD AND _r ALL DIM NSIONS AN() r~r. *...+. OTHER DCTA/LS M CiJRRE"Cr. II.:.. Co "". '. f~l~~ t. '..' ~". COIIM/TTff APRIL MrrTINC.~,....,.. IIlACT III_... ~-:~ , until ENGINEERING FOIl PROPeR It'AS/ It'AID1 OISPOSAJ.. IS, \" -..t...," t... l$-7ioa..... _ ~J<; KPB 20. I< WAS GRANTED FUR IIlACT 0- I AT THE: KPB PlAT HOUER, AlASIG4 9HO.J (907) 235-f2f7 PHONE A: FAX ~(~ 0- I SJ-WJ. NOT BE CONVO'fO SO'ARA InY F1IOM rr.acr M<II'N 8r. B.B. DArt:: I I/J/OJ SCALE:," - JOO' RtG/5IfJfVJ /.AM) SURI'fltlR APPROVUJ fly THE KPB PlANNING COMIJISSION. CHI( BY: K.B../OIJ ~-J(J 'SHerr, OF, ~ us N 6crJ~'-fO-... 4ro.e:;

28 NOTES o.sznn7<rm51jw, DFM'CQImf/'lOl!11tJN CER11FICATE OF OWNERSHIP."ero!r07" mjur 11 HCRmr comrr n«t ~ ARC rnf ormms OF THE: RFAL,. 11 IMSS OF 8!tRfNCS FOR rhis 5LM!Y rs'~ Bf1MEN R -BAII PROPERTY SHOWN AND D 'SCRIBED HfREON. THAT Wf H REl1Y ~ 1/" OF so:. 2:J. 1Ol.C1ER PARK fs7'a1d'... sno MAR/MAC AI. =:rsallpu,jig~~inoanlj,/::u~1d'= PlAT /90-r2 H.R.a. 60' R/I 7k '/-f CCIl AND THC 2. BUfiDING SETBACK: A SETBACK OF 20',S REDuIRW FRO'" '.a;;t' ALl STR E:T RIGHTS-OF-WAY UNtESS A L. SSER STANDARD IS ~7DIHEUSE,,_ N";;ROro APPROVUJ By RESOLuTION OF THe APPROPRIATE PLANNING -' 30' SMT. COOUfSSION. 1OST1N(; ~ I 0285 P.8t, H.RD. ~ THE: nkjnt '0 ffet OF 1HC 20 FOOT 8l.IILDING SE78ACfI' AND 1HC ~ NnR SETBACK within 5 FEET OF SID tot UNES IS A PO IJfJI< 3725 OR PlACED WfflffN A UTH.I'fY EASEUfNT WHICH 1t'OU1.0 INTERFFRC IJTIJTY EASEM8IT. NO FfTNANENr 5T1NCTtIR SH4L[ 8 CONSTRUcTED.. ij HOlIeR. N( Itf1H THE ABtllTY OF A Unun' TO usc 1H EASOIENT. ~~"'.r ~:.; : K1LCHER PMK ESTATES 4. n-ns LOT W1U BE SCRVffJ BY' ~ WATER AND SEWE1\'. KlLCHER par/( ESTATfS ~.Bii! b Lor 3 fd1f.t4l1a li!&l AAi7iA tm.chefi ROADS MUST ItIEEr THe D SJGN,lNO CONSTRUCT1ON STANDARDS.. 11-" ll\'l,.r;j)~ TOS VICINITY!tAP ~ng:~u~~f: ESrABUSHD) BY 7YiE BOROUGH IN 0R0 f! TO BE CONSJD(R D FOR :.",!l CERTlFlCAT70N AND fhci..usion IN THE ROAD IIAIf{T(NANC PROCftW. ~. b Dt.JI,IFRtCS,.., I:,N Sg>4,5Z'E -! -=- ~ ~ UT1l. sur. EUCTRICAL DlSTR18tmON l.jt. EASCNEHr. o.oi~rorm!r LOT UNC ~ ~ NB!r57~E vacaj!l) THIS PLAT! 662.3$1F1 ~r.e uti '. '.;S 7/76 ~N 89'32'75- E frj NOTARY'S ACKNOWLEDGMENT FNDIn' ~- 6.5;:;5ftN- - -;, ""a/r 662. t8 frj ::sg~ i?:'~ ~ ro.8~ JIE THIS WASTEWATER DISPOSAL: lie-bar N "!S<1-JR~ il: ~RM'" wr LJNr TH/$ LoT IS PARCEL, I I "'OOlD THtS PL,,4T ':,,1/#'.::/ f,, ::t::l:f";:;'yo':'/ofi S'11!rAllJJsfl:.!:!!trF ~ IIT PtA'i":,~=Jw, \SSt)': \&::=~ NO'WiY PUEIJC FQR.\.t"'(I,l"\4.A...J rc. OR OISPOSAL SYSmt MUST urn- "'" REGUlATOIrr R<OUIREJIEH15 I l ~ "'~" Lqi{ OF THE NAS~ D PAlm.f0ff OF CONSERVATION. ~. -'0' x JD' y.. :\ ~,.. ~ ~ EIEr. """""" (. ' ~s. lit COUlllSSlON EXPfrI S. l..:.2..l 1 " "!'I I EAS II NT. \ '. I \ \ R COROED ~il;:t\6 S I: '-", JO' ES4fT. 0.:.., I.,,'.r P.80tf 'LEGEND ~i:l~:e ~ ~.. \ \. L->\\\ HRD ~ AS DESCRiBED... cnrt. ~. 11ft '.' au,... '- NOTARY'S ACKNOWLEDGMENT SUBSCRtBCD AND SWORII TO B ft]ffe lie THIS IlftL. o..r OF' ;\pri I. 20tll. '*' FIIO 8.C. GLO,g77..!!l!!I '" '" 1'; lc ~ -1 l!;1" ~ "'\ \ 1;::; "l~f'.'. \\ \ \ I;" :0 ~ "!ij :!:;: FOR.. tl t z IS Kd 1I)llvIt/;11 tiffi I~ ~,je/\.v EXTmNC (NfRHEA/) POJt9' ll1e IS CEN~ OF A 20 FT. I'IDC ".5... ''''' Ar lcast SOT OR NOM'NAL 5.CRES 1\ PtAT WAMR RESOLIJOON : Ir 2' AL-CJP SCT rh/s SlJR>[Y j '" l'i ~I b \ ',1 "",~, 5~ ~:? tl!j.li,~,!,"":' 0. )tj,,; NOTARYPfiiifiC FOR ALASKA' It ]. ~ 'l, I ~ '" b srrrauall_... D SCI'J/fED ~ '!sly'~ """ ~: o FrJW) In' lie-bar ~ ~\..,:'r' \1. i ~ ~ CUR'V 114TA-, \ ' I, l-!}"av,;,, \. I \ : ~!! R-775S.(J(). ~. I ~i~ ~ (R} 30' R'/W HORIZON STRUT ; I OEO/CII1' D 71i/S ~ \[ \' lmtabi.f:... list. U "r,.,~or"md U ft(j'(wzv".1.lq SCALE 1"= 200' -I I,60' R/If HORIZON T-' \ -! I- SURVEYOR'S CERTIFICATE UNSUBDMOED, HfRfB'( comfy THAT, AM PROPfRlY RfCtSTffiElJ AND UCENSED 10 PRACT1C I...ANO SUR"o YfNC IN rhe STATE OF' AlAS,t«,,I.N(J THAT _. _. ~" [n' SECTION UNE j;~' -.. :.wgh" ~c. 23 ~~::u'::f=",~?tcmu.rs rhe - :c Q _"_'_ EXISTlNG 7RA~ way I(1LCHfR ROAD..- gj lit COUIJISSION D:P1R S VI' 'u [J) I J s.b9'5.j~~:~;7.«5~inrm7tes~t:::' : '~ Approx. focal/dn I lip,....- powerli"" AMENDED '-'--- ".7Ior''' l'/7.66/f1 """'" _ IIImlICr KPB FILE No, KILCHER PARK ESTATES BURTON ADDITION,0\ RU'lAT OF LOT 4 K/lCHEIl PARK EST.T<S LOCA.rED THIS PlAT REPRESENTS A SuMY IMDE: BY AlE" OR UNOCR In DIRECT SUP 1i'VlSION, AND THAT THE I.IONfJMf:NTS SHOWN H RroN IN THf NW 7/4 OF THf Sf 7/4 S2J 7'55, R '211'; S.M. AC1U4L.LY EJtlsr AS OESCR/BCD AND THAT ALL DIJI NSJONS AND AND PAF/CElS,.t 2 OF ptat WAIYE'R RESOlUTION 99-J7 other DETAtlS ARC CORRECT. PLAT APPROVAL LOCI. red IN THE... THIS PtAT WAS ~- BY THE' KE'NAJ PrNINSLR..A 8OROUCH SW 7/4 OF THE Sf' 7/4 S2J 7'55, R 7211'; "'~ W2C63 R<"'S""'TION NO S ;f.~.~ ~~~~;; PI.ANMNG COUUf5S1ON AT THE IIEETJNr; OF re.y, IO, t.oo' THIRD JUDICIAL DISTRICT, SWT OF AlASKJI t2.vt=t. ~ Rro~, e.,...91h~...,,0 survfrbi[ S&~~'t~1J1~r~1 "...,. CONTIVNlNG ~ I<fNAI P NINSIAA BOROUGH ~ \ ~~; ""I: f ~ "'..," ~~ DffIIWIi Em ~... f..u AUTHOIltirn UI'ICW.."~~~~~;. -,...,... ~ ACRfS H.4 5CAlC:,... 10tf CHK~ IC..4 SHEETrWI Ol ::a i:j 8 ~. " -'G I' i!l!!! ~~ I

29 NOTES AU. ~fil:w ON ln5 PlAt" I:S Msor Off Mn1l"O Doll'" \ I I". ~~<') \! \, " I<ILCHER PAl/I< STATES " \ 1\;,. J1 ~' 'g,,.. \~'l;, SEC 24..,,~\.\\ flook 294 PC aj1 ~-=r~'= ~.\!:\\ UNSUB~MD D CERTIFTCATE OF OIYNERSHlP RfSOUJncw 'H-37, 1oEJl(lft' CVfJFl" ~IMI-1H e-«jt at 'DE.I'El'Il 1HIIr f fpe!iy, 7\ I:' \\ ~ \\ Ml(lf'f'JHSl'tAr(JF~.I/II)""IIrF1tE crasejwr l/oici'i'e'au.fi1cim.",....l/l/di'tr.ea'ifxs-ldfv/ljc I~l \.. \ I. st.iiulfc ~'A S['Ia-o:"OFZO'SIfCf1fMl 1J ff«:m c;:. 1 AU:fl1Ii'!ET.I'lGHI'!I'-OF"'l"~.t 5S(IIi'~1SPlATI90-'2 AI'f'IIIlIMDB'TR!SttllJUfOF1HC~Jl'o"I,AIlMiIIIil \ """'"""'. \<'~ ~ II' '". \'\ I'UT OF IS A,J. n«nfoi'ir'ofeerof""mjn:jdt~.!v!mcjl'and JhI!' EHrR S!lM2 MJPotW! sor len' ur6 ~... 1'1 '-.. I<PB \, \\ li1ijj'y~",~~sn4ube, '\ \ \" a:wsnllcnije:wrplac(o"""aururrcasfalditwich ""-. IIQ;IlD JIrl'lVI'l!1Il'_1PC"Ao!IlI./n'OF. urvn'm USC SEC 22 SEC ~ nmct ftl I1C 5EJMl) fi'i' CWSI1F IAmI' ~ snm. I,I~ s.ejtjs1'imii'ml"'«'~~aii("~~m' IYA;oFrlllZ"fitr7JlllCtl. ~fr i1lsl1oui't 1'1 X, \ J<PB 1.lN5TTW:rS$UtlftTltIA~J1lJIl~1mI ~~LMlll1MJ51'RKOo'IIlEJlI"'204R'G1'ne g;~t ==~:=:l!" -,.,. - = = ~1l.:~"-=c =-:= =. \~,:.:;~ 1 ~ SNMi' N«J tdolhd ~ _.wj.g'miitaj,~ftjn"sa...-1drt:w. (}Jt.-,..J JI..'* &.I..J.. sma..mn: --1L..sma. I.Mt ~ \ ~ ~~Z''' CATKIN SUBO. III \ " :ra:i... NWr LECFJiD l1!!1fl~/!~~9;;u9 II \ \<j, PRfiIUIN/J.RY + onsnng PRflIARY A1OHIJlI 1'{T' AS 0ESCRfSaJ 1'1 SEC 25 \ \\\\, \.'" DffSTlNC PRtIINW IIOHI.JlI 1'(f AS DIE$CRfBflJ ~ SEC 28 I -I.,,,,, ~"""" I~_..L If<CtJRDtIONIIIIfNT ~ 5 X151WG IIOMJII NT AS DESCR1Sm vj """... I III ~ a----,..i..;:, II",... 'II \ """'" \,\ SCALf, I 2 500' ill UNSUBDMDfD ~ II"",ar I I -"'= ::;,.. '\ NOTARY'S ACf(NOrrTEDGElIENT PlAT IIWo6' KPB "i I IClQIl'» Ft Z.B!I fj ~""'DDIW'IOmllI'Ir,,7NS'...!IIJL..- t.myr/f ad,.". " zor::u (a.";',ofd.4,... 1'1 BOOK.. PC OJ ~ I I \,., ~ ~~-~ '...'5..»$4.JJ r'ut/flf-72(hifd) l(fsmd'ffnl!iiir. ~I ~ ;f.'!ijj"..\ / Jsg,. ~t. Jfl.~ ~S «'/N - L.p'" ~~.. U,473,ez:..,,.. U'&7.J _,_ felrid' ~ i..."." II :~ KILCHER HOMESTEAD,-:::..."':: '1. '-' ~... ~I SEC 27 I ~ TRACT A,,~-J.: =:-U:"" /<ACHfUA/( W1lDERN SS ~ ~ I 'I ACRES +/- I --#:/..::.:::. ""...,..-..." flrclmlddf~~ ".1, AClI3 UOfil'['" OR USS'. dn.:..., ,...,,#"O"-~'- q:i! o,"e::e;_ik"'i-t~~1!' UJrUClJllCll7!DfNSf1ICA7{r1f"1 /f': r-~ - h.. '-:;'::::::.woetr 7:tll t9y. - fli 13 '-'-""i 0'1 I cav. UIt:J. 1-"--"'~".-i ACRES 'iii IlI'IoO' "'".1''«'''.:::. - I ~ I II 4 --":"..~... I,,; ~:1<1<" 1: I "P...z, fcp8 fl.c No. Sg- 184 =-~~ZY.m1 I~':re,f,N"""'~ r Jt' ~ A Rf1llAT OF PARCll (.... J: v. AND t4 ~ 5.. R SlJIWi'D atdmiw. HOlIER R t'oimim: UNIVE11SITY DISJRET, 1H1ItD..u;JIICW, DI$'7RII:'T. stl.1 Of Al.ASJIrA. SURVEYOR'S CEB71F7CATE / HOlDfI'~ ".r 1 III '/4 MID ~ FMRCEl.: CO'IDlMIf:NT LaB r, 1. NID ~ NItI -THE ALASKA SEC 35 SJ;Q OF~ MtD rhlt Lars Z NID.t SEmON Z5 PIIIl:JP!lIIll"1iEC5J[1IlI"D 1/CIlXSISm IWlCn I: N'~ OF11iC'" 1tt1'llMC1D;l.W) WMlM" ~ 0tR T:f ~ AM) 7HCr ".. IQIIUOr1S SlDIt IPRW 1HISPlAr~A-sa.-l"UlD ""licat~.,.. OF ft! AC11MI.LrDl'$fAS~ANfJ"..rAJ.~AND OrNER I: NS... ajim I;T. SEC ". 1/4 OF if S!' 1/4: NItI TIE N 1/2 OF H SW' r/4; AND 7Pi!" 5W '/4 OF Dtl' srt '/~, str:rfoh... -~I --,,, _ r-::. "".e.""" I'ARCtI. /II:-_7HC SiC '/4 OF 1HF SiC 1/4, 5EC7IW ZJ DlJ'['~o'!CIS7IIMJ1lJIl-- 1II8-S' ~,.&{,.,.. IDNMCH IMrot I'ARCtI. ~ 7Pl!" c 'I'i OF THC NC '/4. 5 C7Dt H cov. LOT 1 ; I 1:::::::"::"'" "'7~" I'ARCtI. ~...",. ln5 PlAr -.s APP9IlMV ",. N,IlOW ~ fjclii'cll.ol' PLAr APPROVAL ~ 1.1:: "'- ODD< ctnerniiejff LDrS r Ale Z. SEr:r1ON J5 FILED ~a:mft$idil'l:r"'~"~ ~ ----,, SEAI1RIGRT SfJRVEY1Nr: =-.:.-=---=. ~..{- 'm:m~=t --,.. ", tttm U!J-4Z41 F/fJt ~7 t.'" "lhisui\o l'iiq'ccli'ii1dilj JOIP lil'i'l.wr~"

30 Vol H----I./J..--. C1f'1/_,.,.n ~ rq N "".~ ~\., : l'f~ g "'. b \z ri Ql ::> 0: 'LI co e, 7 Ie IIi Z T c~ -: IJN sua D. EAST 3!O.46 (/ o.; ;; TR.4, ass AG \~ ~:,. ~-.~ -.!," ~~ ~... '!It '!I&' \..'1; ~ ",0. ~.-.::n:!.o ~.../.~ ~.~.,.o~../ ~ I ~I I I I I,., I I I I I I I / TR. 2 I.1.J., "t ~ ~I!i of i, I I tl ;t II> o b z.. ~ TR.3A O 954Al;. I +. \> "V I,> (, (, f. " ;,CV...n. 1 Ii....I... o o,.. 1..' ". ",. of 1 w >: TIIII flur DOEI JlltlJT CIIEArl...)' /tioi l(jr. AIItJ " IIDr 11I6.JICT rp 1I till. /INDY I.AAC 71."". A 10'.UILDI. 'InA" (XI'TI '""0111 f'h~ I 0' ka~hi"a" OR..L....U.JUL.... "' Indin'.. I.L.U. SC, Ind Indlut. I fl.ii..,...lih Pintle cap, Ind. 191'6,.10, P'" v~.,.." Indicat ' ",., GLO. '/'lei. 197& PAGE OF 2 PAGE 2 IS SIGNATURE SHEET OM. Y Kj-l3-.< / FILED 19tf ~! '.. rl: _.. i_. ~... II...."... 1<.1' p. ~r.. ~, ll'i."tl":.1 _ CERTIFICATE OFO*"'ER'HIP I h.rrbv (.,.,Iil., 'hoi' I dm 1two 0*",'., D' Iht' propr-rl, 'th!iwj1 And denf.!jot'd ""rlpoi' I f'w"t'rbr rr!qu~,1..ppro...1olthi, pi",'..hrwrinq 'Ill h ~.n, ",l'n1\ 10'" publir U t.,.. #Ind U ~w.,.,\ I he uti. Iha.". lftoo.., tty rnr lor._..,.. /~ ~~ -/ uf;d" -L SirU~Bo Homer, At! <~I.SJ. at-t Mar, {lut rurr ~ ~.U::~~~~~~::lft~U'Ivr...r.,or. hnf1by (erh'" ttwlt II I... :~~r~~::,~:n:,1~~~n~:':~~~j~-:rr:'::: :r.-~~~: :~= th.,.,:melmlftlln'l.1'iollirrl h('~".r"l"""..,rtd rorr"" 1. "7-Z7-rs natf'. PLAT APPRovAL ~:::C:~:.:r:,;:~::.t~~~';t"i~,.rarauqhPI,,"","q (lr:ul P-tt l,...lg E:')r. ~~,..~,.~!i*!f...':'tttorl'rdkj" NO 1$40 KErA CLIFFS rhree WITHIN TllE CiTY OF HOMER SHOWING THE VACAT ION OF A 33' ROADWAY EASEMENT BEING A REPLAT Of TR. 3, 'KETA CLIFFS: PLAT Ph. 11_:2 Ii.R.D. a A PORTION OF OLO 19. SIT UATED IN THE SW' 1/4, S. 22. T85 1 RI3W. s.... CDnlainina Actn -----AB1 LIT Y-S~ ~h 0.,. "'ChlC".,~", III.~"'II I I I I I I I! i

31 Kenai Peninsula Borough Planning Department Aerial Map The informatin depicied hereon is for a g.raphicaj represenlalion only of I(jlcher Road Vacation KPB best available sources The Kenai Peninsula Borough Section Line Easement Vacation assumes no responsibility for any errors on this map assoc wi Kilcher Park Estates Burton Addn 02/ KPB I I I I I I I I I o Feet 21

32 45

33 53

34

35

36

37

38

39

40

41 ~r~re.&= II I I - 2"I---r 22 I 2 V n-t-~~..j.,l 1I _ I : I I IF 1t1l;. I 2t I! I 25 I I-- I [ Kadlemak Bay I I I J II 33 3~ / I I 35 I -+ Tt. WonnalIon ciepk:lild hefmwlls lor. u""",1cloi...-niiiilcn Kenai Peninsula Borough only 01 belt...bie sou... The 5/19/2008 I<8reJ PenInada Banlugh---no I8IlflOllIIJIIy far..., _ on 1hI8...p. GIS Division I I I I I I I I

42 ~r I ql I 1/7. ')'J 2PY_~ -t I '- IHomer area I ~ 24 11~~::;r~----;-:. JH....~ KUcher Rd. I 1- I ~~...-.I...L. D v t"lq. /')7 ~r 10.._ / IKachemak Bay I TIw hformation depleted her-. Is for gnophiclll,...-nbiikln Kenai Peninsula Borough oriy 01 best...biio lioun:eb. TIw... K8n8I p...baocugh..~no reeponiilily..._...on_1i18p. GIS Division 5/19/2008

43 KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska Toll-free within the Borough: , Ext MEMORANDUM DAVE CAREY BOROUGH MAYOR TO: FROM: Mary Toll, KPB Platting Officer Paul Voeller, KPB Land Management Agen~ DATE: March 23, 2009 SUBJECT: Kilcher Road Vacation - Section Line easement Vacation Mary: I have reviewed the application for the subject action. Being familiar with the terrain and having on the subject road I can agree that the north to south and east to west section line easements do not work well for roadway dedications particularly in hilly terrain. As for the requirements of 'equal or better access' to be provided before a section line or public right of way be vacated, it is my opinion that the traveled way noted as the proposed alternate dedication will need verification that it can be constructed to Kenai Peninsula Borough road standards before approval ofthe section line easement vacation is approved. By verification I recommend a qualified analysis that a suitable roadway can be built here providing emergency services as may be necessary to lands to the east. The vacation ofkilcher Road essentially cuts off the legal tie with the traveled way that leads northerly to Marimac Avenue and eventually East End Road. Apparently this traveled way underlies a private easement but may very well provide a suitable dedication for 'equal or better access' to the lands eastward. 6

44 lviar 20 U~ 08:54a KachemakHeritageLancITrust p.1 _.~ Kachemak Heritage LandTrust 3:5 EC_o~oike A~ue nemer, AX 996J3 p~; 907-Z35-~26J t~; wwv.k3ct.embklanatr~st.orq March 25, 2009 Mary TolL, Platting Officer Kenai. PeninsuLa Borough 144 ~orth Binkley Soldotna, AK Ms. Toll, Please accept our comments regarding the proposed right-of.v'v'ay vacation (KPB # ) and section line vacation (KPB # ~ 8) within Catkin Subdivision CKPB # ). As you may know, the proposed Catkin Subdivision olies just west ofa p~el encumbered by a perpetual conservation easement. Currently, the principal means ofaccessing the conservation easement parcel is by an existing travel way extending from Kilcher Road through a steep canyon. This road is shown as Kilcher South Road on the Catkin Subdivision plat. This is the primary access route used by K.achemak Heritage Land Trust to enter the parcel to conduct our annual monitoring and other easement stewardship activities, as it leads directly to the areas which experience the most activity to be monitored. KHLT supports a right-of-way dedication along this access route, as shown on the Catkin Subdivision plat, to ensure permanent, constructed and legal access to the conservation easement parcel in this location. It is our understanding that the final approval ofcatkin Subdivision is pending the approval of the right-of-way and section line easement vacations that are currently being considered by the borough. Kachemak Heritage Land Trost supports approval ofthose vacations in order to advance the approval of Catkin Subdivision. Please feel free to contact me directly if you have additional questions. I can be reached by at marie@kachemaklandtrustorg or by phone at (907) 235: Thank you for your consideration,, l-\~m~ Marie McCart),. Executive Director : :.:. :,- ~:.' :~"::~I :'~.,'l.' ::i;r'.- ;:-:.:1" '.;!., i'i,'.:1 :)::.:..' '.L:-;-:':.l,':: r.:<..:!_ '... ~. L:i.Loi :. :...~..l::. -l.: :.:.,.-':-; ~.="'I.(;~; ', {"':"'.:!~..;:.:":: : : ~.:.:. ;,.:: :;.... :t~.1.: ;,':.:., r i.";'~' ;'!r~ :.c ~ ;i <'.::(;-.

45 SARAH PAUN, GOVERNOR 333 Raspbetry Road DEPARTMENT OF FISH AND GAME Anoh018g8, AK PHONE: (907) Division of Sport Fish FAX: (907) March 9, 2009 Carrie Henson Addressing Officer Kenai Peninsula Borough Planning Dept 144 North Binkley Soldotna, AK Ms. Henson: Re: KPB Files & The Alaska Department of Fish and Game (ADF&G) has reviewed the proposed easement vacation of portions ofa 33-foot wide section-line easement and a portion ofthe Kilcher Road right-of-way (HM ). The section line easement is common to sections 23 & 26, T.5 S., R. 12 W.) S.M., Alaska, and the ROW is in section 23 ofthe same township and range.. ADF&G objects to the easement vacation as proposed. The topography ofthe land within the easement is not an adequate justification to vacate a state section-line easement and does not eliminate the potential for future use to access public resources as other land in the area is developed and public access becomes less available. The applicant did not provide any further justification to vacate the section-line easement. The proposal does not provide alternative "equal or better" access to the public lands and waters to the east along this section line, as is required by statute. Therefore, the applicant has not adequately met the state criteria for vacating the section line easement. Thank you for the opportunity to review and comment on this proposal. Ifyou have questions or would like to discuss this further, please contact me at Joe 'efer Habitat Biologist... shall manage, protect, maintain, improve, and extend the fish, game and aquatic plant ~ resources a/the state in the interest ofthe economy and general well-being ofthe state" '6'

46 FROM : copy CENTRAL F~ NO. : Mar :49PM P1/4.1 m P'\CSIMIL~ 'l'llansmittal SHRE1' '" TO: Kenai Peninsula Borough Planning CnmmiMK;Uf\ I:OMI'IINY: I'ROM: IM'I'II: '1'eui...:b1tnan PJ~gDept AtteD. Ms Henson 3/20/2()()() _ =:s. 1'I11_X_IIl_u_rvrn_1'I_'1I_' T_rf_l'_IIL_N_U_,_U,!?~II,.~ INl':T.llnIlllC; COV1(lI, I'Jl0"'~ NUMBlUl.: ItlJ~ RlThlnnR'S OWNRl\. (,lfi l'hachi,ii.'#ii: ~ & R KPB F11CH 2(XIg. 137 & 2l:K)R. 1.'iR 1.IIWII, Uf'.<;(;nlP'nClN!lm~nTtlls 1,IINt) T 58 R 12W sec 28 SIward MerIdlan HM HILLSIDE HOMESTEAD SUB NO 2 TRAC T 0-1 and TRAC T D-2 o LJRtiHN'l' DI,t>lllwVlllW D PJ.llAlill CONMUN'I' 0 1>1.IC1\!m RHl'''Y [J PLLlASI. IlI. CYC:I.U NO'I'[(MCOMMf.I.N1'Sl Writtt.1l (:ommcnt in rcgarc:ib tl) the hearing llchcc1ull-d for Mar.ch 23 1d >2009 on the : Rr.quest' to Vacate J<iJcher Road ROW per TTM H.R.D. and the Request to Vac:a.te Section J.ioe T1.ements within lot 1 ofhm 200~ 65 and NW %, NE % Section 26, '1'55, R12W. S.M, Alasb. Mote speci ically lfcdinn line easements within IIcctinru< 2.1 and 2(,. T5S, R12W. S.M. as shown on Exhibit Page 1!'U,ll.T PIlrETJM AN 2f'~ A c:nl.li!la AVI'.. K UNSI NG"'ON. Gil

47 FROM : copy CENTRAL FAX NO. :51~ Mar. ~ 2&11~9 ~: 49PM P2/4 Terri Friedman Et AI # # A Colusa Ave Kensington. CA Marcil HI, 2009 Carrie Henson Addressing Offlcer Kenai Penn.Borough Planning Dept. 144 North Binkley SoldBtns, AK Dear Ms Henson, Re: KPB Files 2008~137 & am the owner ofparccls #sl7: # ofnw v.. ofsec 26 (Legal Desc: T S8 R 12W SEC 26 Seward Meridian HM HILLSIDE HOMESTEAD SUB NO 2 'fmc I D-l and Sub No 2 Trac T D-2 ). My property borders the next segment west on the same section line named in this petition (KPB 2008~138). Jhave marked my 2 pn'perties on the: Vicinity Map fur the Kilcher Road KPB and Section Line Easement Vacations KPB2008~138 with an.&. While Tdon't understand all the intricacies and considerations mentioned in the 'Planning dept staff review, I felt it was necessary to weigh in on a couple ofpoint8 in this decision. The following point misc:d by The Department offish and G sme ("The propgsal 4~.llQt.mQ.~ ~ve 'equal Of better" access to the public lands and waters to the east along this section 1ine~. Moreover, this aoc.css line connects to the adjacent sectiod line, which accesses the beaches to the south. 1 I think this is a significant point deserving consideration for the following reason. Thave: seen many area.q where public access is not available to public beaches. I have also been witness to locations that have had the foresight to proter..1 public access. That acccls.~ becomes a very highly valued public resource, which contributes significantly to a higher quality oflifc for the public.l i or this reason, I do bejiev~ protecting public access.is a very important point While I do not know what detennines an altcma~ route having or not having "equal'" or "better access". I do know ensuring that access is important. Since both Fish and Game and The Planning Commissilm state that it is not 'equal" or better access" then Tmust strongly oppose the vacating of thi~ ea.'4tmeht at this time. Thank you for your time, attention, and invitation to address these issues. Sincerely Terri Friedman o

48 KaGhemak Heritage LandTrust June 23, 2008 Mary ToU, Platting Officer Kenai Peninsula Borough 144 Nonh Binkley, Soldotna, AK Ms. ToU. PleaSe accept our comments regarding the proposed section line vacations within the Kilcher Homcsteadt K=nai Pc:ninsula Borough number M you may know, this parcel is encumbered by a pezpetual conservation easement which limits the types and scope ofdevelopment that may occur. The PUIPose ofthe conservation easement is to assure that the property will be forever retained. predominantly in its natural, scenic and open space condition and to prevent any use ofthe property that will significantly impair or interfere with its conservation values. The easement does not in itselfconvey access to the general public to any portion. It is our understanding that the Kilchcr Homestead Trust is requesting vacation ofexisting section line easements within the boundaries ofthe homestead parcel. Kaohemak Heritage Land. Trust supports this request due to the fact that construction ofroads and the incrcucd. traffic ifa public access road were ever to be built along the section lines would most. definitely impair the conservation values of the property. In the interest offull disclosure, my husband and Tare owners ofproperty adjacent to one ofthe proposed section line vacations. Kenai Pcni.nsula BorOUgh number L This fact did not effect the decision for Kachemak. Heritage Land TIUSt to write this letter ofsupport for the section line easement vacations. Please feel free to contact me directly for clari cation ofthe tenns ofthe conserva.tion easement, or if you have additional question for me. I can be reached by at marie@kachemaklandtrust.org or by phone at 235-,5263. Thank you for your consideration, ~-- Interim Executive Director CC: Catkin. Burton. Gary Nelson,. :'i ':..., : ~ "! ~".'.'. ~. 9~SS ~L06 ON 3NOHd

49 AGENDA ITEM F. PUBLIC HEARINGS 1. Location and request: Vacate Kilcher Road, the 33-foot wide by 365-foot portion ofthe RMJ adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. KPB File AND Vacate the 33-foot portion of the section line easement underlying the above mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of section 23.Also vacating feet ofthe 33-foot section line easement south of the north boundary line of section 26, starting from the eastern comer and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File Staff Report reviewed by Max Best PC Meeting: 3/23/09 Puroose as stated in petition: Vacate Kilcher Road ROW per HM H.R.D. Vacate Section Line Easements within Lot 1 of HM , and NW1/4, NE1/4 Section 26, T5S, R12W, S.M., Alaska. More specifically section line easements within Sections 23 and 26, T5S, R12W, S.M. as shown on exhibit page 1. Section Line easements are non-functional due to topographical constraints and adjacent parcels are served by other easements and rights-of-way. Petitioners: Catkin and Thomas Clyde Burton of Kailua, HI &Otto Edwin Kilcher of Homer, AK. Notification: Public notice appeared in the March 5 and March 12, 2009 issues of the Homer News. Seven (7) certified mailings were sent to owners of property within 300 feet of the parcels; five (5) of the receipts have been returned. Twenty-two (22) regular mailings were sent to agencies, interested parties, KPB Departments. Notices were mailed to the Homer Community Library and Homer Post Office to post in public places. The notice and maps were posted on the Borough web site and bulletin board in the Borough Administration Building. Comments Homer Electric Association: No comment KPB Floodplain Administrator: Not Applicable Staff discussion To promote efficiency, two different inter-related actions have been combined into a single public notice. However, the processes and means to finalize the vacation of section line easements differ from that for public rights-of-way. Staff has separated findings and recommendations into two separate categories to reflect the differences. Staffrecommends the Commission take separate action on each ofthe two types of vacations. A. Vacation of the dedication public right-of-way and associated utility easements. Vacate Kilcher Road, the 33-foot wide by 36S-foot portion of the RIW adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. Township 5 South, Range 12 West Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files Findings 1. Per Kilcher Park Estates Burton Addition (HM ), the portion of Kilcher Road proposed to be vacated overlies an existing travel way. 2. Per HM , a recorded 30-foot easement overlies the existing travel way. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 23, 2009 MEETING MINUTES PAGE 3 2

50 3. The recorded easement is not a public easement. 4. No alternate public dedication has been proposed over this existing road. 5. The portion of Kilcher Road proposed to be vacated is a projection of the existing Borough maintained Kilcher Road to the west. 6. If approved, the proposed vacation will not vacate the recorded 3D-foot easement. 7. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 8. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 9. Per the submittal, the terrain between the two segments of Kilcher Road is steep. 10. No contour information has been provided to support this. 11. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 12. Per HM , a creek is located between the two segments of Kilcher Road. 13. A site visit showed this to be a drainage, possibly seasonal. 14. An altemate proposed dedication crosses the drainage to the south. 15. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 16. Based upon the site visit, the constructed roadin the alternate dedication does not meet Borough standards. 17. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication The Borough has not agreed to acceptance of the alternate dedication to date. 19. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 20. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 21. Satellite imagery shows a well-defined travel way within the 3D-foot easement 22. Approval of the proposed vacation will eliminate one of two constructed rights-of-way to the 613-acre parcel to the east 23. Approval of the proposed vacation will eliminate the only right-of-way frontage for the northeastern portion of the 613-acre parcel. 24. Sufficient rights-of-way do not exist to serve the surrounding parcels. 25. To date, one utility company has provided a letter of no comment. 26. State of Alaska Department of Fish &Game objects to the vacation. STAFF RECOMMENDATION: Based on findings 1,3-5,10,13-14,16-23, and 25 staff recommends denial of the vacation of Kilcher Road. Ifthe vacation is approved, the Kenai Peninsula Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF AVACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [ AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. B. Section Line Easement Vacation Vacate the 33-foot portion ofthe section line easement undertying the above-mentioned Kilcher Road vacation and the rest ofthe 33-foot section line easement north ofthe south boundary line of Section 23. Also vacating feet of the 33-foot section line easement south of the north boundary line of Section 26, starting from the eastern comer and measuring west Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File Findings: 1. A section line easement vacation plat has been prepared. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 23, 2009 MEETING MINUTES PAGE 4 3

51 ----~--~~._... _~-~-~.. _ Perthe section line easement vacation plat provided with the submittal. the State has not yet reviewed the proposed vacation.. 3. Per HM , a portion of the section line easement proposed to be vacated overlies an existing travel way.. 4. Per HM " a recorded 30-foot easement overlies a portion of the section line easement proposed for vacation. 5. If approved, the proposed section line easement vacation will not vacate the recorded 30-foot easement. 6. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. 7. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. 8. Per the submittal. the terrain between the two segments of Kilcher Road is steep. 9. No contour information has been provided to support this. l.j 10. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 11. Per HM , a creek is located between the two segments of Kilcher Road. 12. A site visit showed this to be a drainage, possibly seasonal. 13. An alternate proposed dedication crosses the drainage to the south. 14. The altemate dedication, proposed by Catkin SUbdivision, overlies a constructed road. 15. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 16. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 17. The Borough has not agreed to acceptance of the alternate dedication to date. 18. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. 19. Staff was informed that the logging trucks-were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. 20. Satellite imagery shows a well-defined travel way within the 30-foot easement. 21. Approval of the proposed vacation will eliminate public access to the 613-acre parcel to the east 22. Sufficient rights-of-way do not exist to serve the surrounding parcels. 23. To date, one utility company has provided a letter of no comment. 24. State of Alaska Department of Fish & Game objects to the vacation. STAFF RECOMMENDATION: Based on Findings 1, 3-5, 9,12-13,15-22, and 24, staff recommends denial of the section line easement vacation at this time. If the commission approves the vacation, staff recommends it be SUbject to: 1. SUbmittal of a preliminary plat in accordance with Chapter 20 of the KPB Code (submittal of a final plat within four years of vacation approval). 2. Compliance with any State requirements for the section line easement vacation. 3. Acceptance by the Borough of an alternate dedication on a recorded plat prior to recording of the section line easement vacation plat. Ifthe vacation is approved, the Kenai Peninsula Borough Assembly hasthirty days in which they may veto Planning Commission approval of the vacation. DENIAL OFA VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [ AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 9943]. END OF STAFF REPORT KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 23, 2009 MEETING MINUTES PAGES

52 STAFF REPORT ADDENDUM Staff Report Addendum read by Mary Toll PC Meeting: 3/23/09 Staff has recommended denial of the vacations. The surveyor ed his concems over the validity of some of staff's findings, requesting a teleconference with staff the morning of the meeting. Staff was unable to accommodate his request, due to a lengthy illness of a key staff member, other commitments and the relatively short notice. The surveyor has indicated an interest in postponing action on this vacation request to the April 13 meeting, which will be held in Homer. Staff is fully supportive of this request; it will provide the surveyor time to address in writing the staff findings he believes are incorrect or misleading. Staff recommends the commission open the public hearing, take testimony, if any, and continue the public hearing the April 13, 2009 Planning Commission meeting. Ifthe vacation is approved, the Kenai Peninsula Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHAll BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKALpURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [ AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 9943]. END OF STAFF REPORT ADDENDUM Chairman Bryson opened the meeting for public comment 1. Garv Nelson. Ability Surveys Mr. Nelson is the surveyor for this project and presented documentation on his rebuttal to staffs findings which is as follows: Below is a rebuttal of KPB Staff Findings, written by Gary Nelson the petitioner's surveyor. Additional rebuttal information will be provided at the April 13th meeting. Mr. Nelson was on vacation through March 19th and therefore needs more time to reply to findings ofkpb Staff. Surveyor's comments are bold italics. Please excuse incorrect formatting of item numbers (problems with word processor). A Vacation of the dedication public right-of-way and associated utility easements. Vacate Kilcher Road, the 33-footwide by 365-foot portion of the RIW adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM ), and associated utility easements. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files Findings 1. Per Kilcher Park Estates Burton Addition (HM ), the portion of KUcher Road proposed to be vacated overlies an existing travel way. This is not true. As you can see from the preliminaryplat, less than hanofthe dedication overlies an existing traveled way. The existing traveled way is a private traveled way, not a public traveled way. 2. Per HM , a recorded 30-foot easement overlies the existing travel way. The easement is a private ingress-egress and driveway easement 3. The recorded easement is not a public easement. 4. No alternate public dedication has been proposed over this existing road. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 23, 2009 MEETING MINUTES PAGE 6

53 The road Is to remain private and the owner wishes to consolidate her parcels, not subdivide herparcels as a road dedication would do.altemate dedication isproposed on the long established and currently used primary access road. 5. The portion of Kilcher Road proposed to be vacated is a projection of the existing Borough maintained KUcher Road to the west. The projection is nota buildable projection due to a canyon that is approximately 400 feet wide and 150 feet deep. The canyon bluffs are ofa steepness ofnearly 45 degree angledslopes. That Is why we are asking forthe vacation..a preliminaryplathas been approvedsubject to this vacatiqn approval that dedicates altemate constructed road access on the historic and currently used primary access. This proposed altemate dedication alleviates the need for a roadaccess through the unbulldable projection of Kllcher Road. 6. If approved, the proposed vacation will not vacate the recorded 3D-foot easement. The easement Is a private ingress-egress driveway easement 7. The parcel north of the proposed vacation contains 49 acres; the parcel south of the proposed vacation contains 40 acres. However a preliminary plat has been approved subject to this vacation approval that dedicates altemate constructed road access overthe access road ofprimaryuse constructedby Yule K/lcherinthe1940's andis the primary current use today. Said plat (catlcln SubdiVision) will place nearly 4 acres of the 40 acres within section 26 into the 49 acre parcel (currently within section 23), but only ifthe vacation is granted. 8. It may be reasonable to expect the parcels north and south of the proposed vacation to be further subdivided in the future. Though the owners/agents ofnorth and south parcels want the vacation now and could ask for needed dedications during future subdivision actions. The 613 acre parcel to the east is the Yule Kilcher Homestead. Mr. Kilcherplaced that parcel undera conservation easement managed by Kachemak Heritage Land Trust. The easement specifies no furthersubdivision. The petitioners of this vacation request are Mr. Kilchers children and only wish to divide their land interest as appropriate, but under the same spirit of conservation and preservation of undeveloped scenic values. 9. Per the submittal, the terrain between the two segments of Kilcher Road is steep. And not possible to construct a road within a' straight projection connecting the existing dedications. 10. No contour information has been provided to support this. Limited contour information was submitted with the original preliminary plat. Information from the contours and the top of the siope shown on the preliminaryplat shows the canyon top to be approximately4oo feet wide and 150 feet high. The surveyor says the canyon bluffs are nearly 100% slopes (45 degrees), very steep~ 11. Per HM , slopes greater than 20 percent lie between the two segments of Kilcher Road. 12. Per HM , a creek is located between the two segments of Kilcher Road. 13. A site visit showed this to be a drainage, possibly seasonal. 14. An alternate proposed dedication crosses the drainage to the south. 15. The alternate dedication, proposed by Catkin Subdivision, overlies a constructed road. 16. Based upon the site visit, the constructed road in the alternate dedication does not meet Borough standards. 17. It has not been demonstrated that the constructed road could ever meet Borough standards in the proposed dedication. 18. The Borough has not agreed to acceptance of the alternate dedication to date. Planning Commission meeting of May 27, 2008, Planning Commission voted to approve the preliminary plat of catlcin Subdivision showing a dedication over the historic and currentprimary access (constructed in the 1940's by Yule K/lcher) route known locally as K/lcherRoad andshown as KilcherSouth Road. The preliminaryplat approval was contingent upon this vacation action. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 23, 2009 MEETING MINUTES PAGE 7

54 19. Staff was informed by the surveyor that the road within the private easement was constructed to accommodate logging trucks when an adjacent parcel was logged. This information was notprovidedbythe surveyor. The surveyordidnotknow of this. Who provided this information, is Itaccurate? Is It pertinent? 20. Staff was informed that the logging trucks were unable to use the constructed road in the proposed southerly dedication; it is unlikely that all types of emergency service vehicles could use the road. Where did this information come from? Is this accurate andtrue information? Orwere there extenuating circumstances orroad modifications since then? The surveyorhas a witness that states the historic road was modified for logging truck use and was used by the logging trucks in the late 1990's. 21. Satellite imagery shows a well-defined travel way within the 30-foot easement This traveled way is a private drive with a private easement Ithas neverbeen Intended for public use, as one of the easements clearly states. 22. Approval of the proposed vacation will eliminate one of two constructed rights-of-way to the 613-acre parcel to the east This existing dedication is from the 613-acre parcel to the east, not to it it is not needed at all by any nearby person, to goes nowhere, similar to "the bridge to nowhere". It is an Isolated dedication not connecting to any other dedication. Not being connected to anyotherdedication is serves no purpose atthis time, otherthan dividing the petitioner's properties. The petitionerwishes to consolidate not divide her property. 23. Approval of the proposed vacation will eliminate the only right-of-way frontage for the northeastern portion of the 613-acre parcel. This is absolutelynot true. The petitioners are providinga thoroughfare dedication on the existing, primary current and historic use access road (Kilcher South Road on catkin Preliminary Plat). This will replace not eliminate the right-of-way frontage. 24. Sufficient rights-of-way do not exist to serve the surrounding parcels. The existing dedication is nota sufficientright-of-way. Itin no wayprovidesthe public access anywhere, it /s an isolated dedication and there Is a section line easement where it is (in the same location) that provides essentially the same access rights as the right-of-way dedication. 25. To date, one utility company has provided a letter of no comment. 26. State of Alaska Department of Fish &Game objects to the vacation. B. Section Line Easement Vacation Mr. Nelson refers to rebuttal items of the Right-of-Way vacation findings in "A" above to correspond to the item "B" findings below. Vacate the 33-foot portion of the section line easement underlying the above-mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of Section 23. Also vacating feet of the 33-foot section line easement south ofthe north boundary line of Section 26, starting from the eastern comer and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File Findings: 1. A section line easement vacation plat has been prepared. 2. Per the section line easement vacation plat provided with the submittal, the State has not yet reviewed the proposed vacation. 3. Per HM , a portion of the section line easement proposed to be vacated overlies an existing travel way. 4. Per HM , a recorded 3D-foot easement overlies a portion of the section line easement proposed for vacation. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 23, 2009 MEETING MINUTES PAGE 8