File #: RES 17-0047    Version: 1
Type: Resolution Status: Passed
File created: 11/9/2017 In control: City Council
On agenda: 12/5/2017 Final action: 12/5/2017
Title: #17-47 - Vacating the Dedicated Easement for the Right of Way and Snow Storage on Kodiak Cove
Attachments: 1. GITW vacation resolution, 2. Road Application - Kodiak Cove 2017-11-03, 3. Geeks - 300ft Notification Map, 4. Plat-Robe Lake Wilderness Estates, 5. Public Works-Kodiak Cove-Snow storage and ROW easement
ITEM TITLE:
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#17-47 - Vacating the Dedicated Easement for the Right of Way and Snow Storage on Kodiak Cove

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SUBMITTED BY: Paul Nylund - Senior Planner/GIS Technician

FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A

RECOMMENDATION:
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Approve Resolution #17-47, granting a petition from Geeks in the Woods to vacate the dedicated easement for the right of way and snow storage on Kodiak Cove.

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SUMMARY STATEMENT:
On October 13, 2017 Lee and Lucas Brown doing business as Geeks in the Woods submitted a petition to the platting authority requesting that the right-of-way and snow storage easement for Kodiak Cove be vacated. The Brown's purpose, intent, and stated justification for the vacation are outlined in the attached petition.
Alaska State Statute governs the process by which platted streets may be vacated, it states the following:

AS 29.40.120. Alteration or Replat Petition.
A recorded plat may not be altered or replatted except by the platting authority on petition of the state, the borough, a public utility, or the owners of a majority of the land affected by the alteration or replat. A platted street may not be vacated, except on a petition of the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street sought to be vacated. The petition shall be filed with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed alteration or replat.

The attached petition has been submitted by the owners of a majority of the land fronting the street sought to be vacated. The petition has been submitted to the Planning and Zoning Commission as the Platting Authority for the City of Valdez.
A public hearing on the proposed vacation of easement was held on October 25, 2017 as part of the regular meeting of the Valdez Planning and Zoning Commission. The public hearing notice was sent to property owners within a 300ft radius o...

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