HomeMy WebLinkAboutOrdinance No. 2838-2015Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2838 -2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING
THAT T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0002970 ORIGINAL TOWNSITE OF
KENAI, LOT 1, BLOCK 9, KENAI, ALASKA, ALSO KNOWN AS 1109 GARDEN AVENUE,
KENAI, ALASKA, WHOSE LAST RECORD OWNER UNDER BOROUGH ASSESSMENT
RECORDS WAS C/O ALICE TUMSUDEN, HOMER H TUMSUDEN, WHOSE ADDRESS
IS, 3634 NE 46TH AVENUE, PORTLAND, OREGON, 97213 -1028, SHALL BE
RETAINED BY THE CITY OF KENAI FOR A PUBLIC PURPOSE.
WHEREAS, the City has identified a parcel of property foreclosed upon by the Kenai
Peninsula Borough for unpaid real property taxes that will serve a public purpose for
the City; and,
WHEREAS, the parcel is T 5N R 1 l Sec 5 Seward Meridian KN 0002970 Original
Townsite Of Kenai, Lot 1, Block 9, Kenai, Alaska, also known as 1109 Garden Avenue,
Kenai, Alaska; and,
WHEREAS, the City of Kenai desires to retain the above - referenced tax- foreclosed
property for public purposes, including protecting environmentally sensitive areas and
preventing non - cohesive development in the area; and,
WHEREAS, AS 29.45.460 requires that the City determine by ordinance whether a
tax- foreclosed property shall be retained for a public purpose and shall provide the
former record owner, by certified mail, notice of the public hearing on that ordinance;
and,
WHEREAS, the last record owner of the property as the name appears on the Kenai
Peninsula Borough's assessment roll is c/o Alice Tumsuden, Homer H. Tumsuden,
whose address is, 3634 NE 46th Avenue, Portland, Oregon, 97213 -1028; and,
WHEREAS, on jej Clerk sent a copy of the publicized notice of the
hearing on this ordinance to the last record owner of the property as the name
appears on the Borough assessment rolls by certified mail; and,
WHEREAS, after passage of an ordinance declaring the City's retention of tax -
foreclosed property for a public purpose, the right of the former record owner to
repurchase the property ceases.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a non -code ordinance.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2838 -2015
Page 2 of 2
Section 2. That T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0002970 ORIGINAL
TOWNSITE OF KENAI, LOT 1, BLOCK 9, KENAI, ALASKA, also known as 1109 Garden
Avenue, Kenai, Alaska, whose last record owner under Borough assessment records
was c/o Alice Tumsuden, Homer H Tumsuden, whose address is, 3634 NE 46th
Avenue, Portland, Oregon, 97213 -1028, is hereby retained by the City of Kenai for a
public purpose.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June,
2015.
A 7
1
San ra digh, Oity Clerk
v , E) V..
PAT PORTER, MAYOR
Introduced: June 3, 2015
Adopted: July 1, 2015
Effective: August 1, 2015
New Text Underlined; [DELETED TEXT BRACKETED]
A� "Village with a Past, C# with a Future
4,1L, ,. _
. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 III
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
1992
V
MEMO:
TO:
City Council
VFROM:
Rick Koch
DATE:
May 27, 2015
SUBJECT: Ordinance 2838 -2015, Purchase of LOT 1, BLOCK 9, ORIGINAL
TOWNSITE OF KENAI, KENAI, ALASKA, BY THE CITY OF KENAI FOR
A PUBLIC PURPOSE.
The purpose of this correspondence is to request that the City Council adopt the above
referenced ordinance authorizing the City Manager to purchase property for a public
purpose.
This property is located in an environmentally sensitive area consisting of tidal
influenced wetlands and uplands near the waterway parallel to Kenai Avenue on the
North Shore at the mouth of the Kenai River. The City recognizes the value of protecting
this area in proximity to Meeks Trail from Old Town to the beach.
In the past, the City has contacted property owners in this area to donate, or sell for a
nominal amount, lots in this area. The City is now the landowner of the majority of lots in
this area.
While this area is not a park, it is adjacent to Municipal Park with walking trails providing
access.
Thank you for your attention in this matter.
KPB Parcel Viewer
ICY
Printed: May 13, 2015
M
June 25, 2015
C/O Alice Tumsuden
Homer H. Tumsuden
3634 NE 4611 Avenue
Portland, OR 97213 -1028
ItVillaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
Certified Mail: 7014 1820 0002 1092 7475
RE: DECLARING THAT T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0002970 ORIGINAL
TOWNSITE OF KENAI, LOT 1, BLOCK 9, KENAI, ALASKA, ALSO KNOWN AS 1109
GARDEN AVENUE, KENAI, ALASKA, SHALL BE RETAINED BY THE CITY OF
KENAI FOR A PUBLIC PURPOSE.
The Kenai City Council will be conducting a public hearing to determine whether foreclosed
property deeded to the City shall be retained for a public purpose. The hearing will be held on
Wednesday, July 1, 2015 at 7:00 p.m. in the Kenai City Council Chambers, 210 Fidalgo
Avenue, Kenai, Alaska.
Because you are the last record owner of property 1109 Garden Avenue, Kenai, AK on the
Kenai Peninsula Borough's assessment rolls, you are hereby notified of the hearing date, time,
and place, pursuant to AS 29.45.460.
ITy OjV{vF�/��KIENAI
S dra Mod' h, CMC
ity Clerk
Enc. Ordinance No. 2823 -2015
06/25115 Peninsula Clarion Publication
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4 >1 PUBLIC NOTICE
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Notice is hereby given; that on Wednesday, July 1, 2015 the Kenai
City Council will conduct a public hearing to determine whether
foreclosed property T 5N R 11W Sec 5 Seward Meridian KIN 0002970
Original Townsite of Kenai, Lot 1, Block 9, Kenai Alaska, also known
as 1109 Garden Avenue, Kenai, Alaska, deeded to the City shall be
retained by the City of Kenai for a public use. The meeting will begin
at 7:00 p.m and held in Council Chambers at City Hall, 210 Fidalgo
Avenue, Kenai, Alaska.
The agenda and any supporting documents can be located on the
City's website, www.kenai.city . If you have any questions related to
this meeting, please contact the Kenai City Clerk's Office at 283 -8231.
Sandra Modigh, CMC, City Clerk
Publish: 06125115 D1211