Petition would vacate Eek Street; comment by Oct. 20 or lose the right to object

A 40-foot street in Eek would come off the plat, the townsite's official map, and become private property of the City of Eek and the Alaska Village Electric Cooperative under a petition before the state. Anyone who wants a route to object later must submit written comment by 5 p.m. Oct. 20 or testify at a teleconference hearing Oct. 22.

The petitioners asked the Department of Natural Resources to vacate the 40-foot Eek Street right-of-way and eliminate three lot boundaries in Block 9, Tract A, U.S. Survey 4484. The exhibit shows Lot 4 belonging to AVEC, with a cluster of round structures near Tank Farm Road, and Lots 3 and 5 belonging to the city. The three lots and the street between them become two parcels, and the vacated strip is drawn inside the AVEC parcel. Neither document says what the ground is wanted for.

Under AS 29.40.160(a), title to a vacated street "attaches to the lot or land bordering the area in equal proportions," unless the ground was originally dedicated by different people, in which case the original lines control. The street does not revert to public open ground.

"In order to be eligible to appeal under AS 38.05.035(i)(j), meaningful participation by one of these methods is required," the Division of Mining, Land and Water said. AS 38.05.035(i) also requires that the person be affected by the final written finding before they can seek reconsideration and, later, appeal to superior court. An eligible and affected person then has 20 days after the final written finding to file with the commissioner, and the superior court is closed to anyone who skipped that step.

The plat records boardwalk easements across the townsite from 2014, and the exhibit draws two more, near the north edge and below the new city parcel. It also labels an alternate existing access route for the tract north of the street. The documents made available do not say whether those routes follow the paths people already walk, so the plat does not by itself confirm that existing pedestrian access will be preserved.

The state acts as platting authority where a local government does not, and Eek, a second class city in the Bethel Census Area, has none. The Eek council holds a 30-day veto over the vacation after the state decides, and silence counts as consent.

The exhibit, drawn Aug. 26 by HDL Engineering Consultants, is stamped preliminary. Written comments go to Louanne Lamas at the division, 550 W. 7th Ave., Suite 650, Anchorage, or by email to [email protected], or call (907) 269-8610. The hearing is at 11 a.m. Oct. 22 on 1-800-315-6338, access code 98627.