HomeMy WebLinkAboutOrdinance No. 2932-2016VIM I
Sponsored by: City Manager
CITY OF KENAI
NO. 2932 -2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATING
AND DECLARING NO LONGER NEEDED FOR A PUBLIC PURPOSE A CERTAIN
PARCEL DESCRIBED AS LOT 17, BLOCK 5, ORIGINAL TOWNSITE OF KENAI, (KPB
PARCEL NO. 047 - 071 -21) TO THE KENAITZE INDIAN TRIBE.
WHEREAS, Kenai Municipal Code 22.05.125, Grant of Devotion, allows the Council,
by Ordinance, to donate certain real property that is no longer needed by the City for a
public purpose, to a non - profit corporate for consideration; agreed upon between the
City and grantee without a public sale if the devotion is advantageous to the City; and,
WHEREAS, the Kenaitze Indian Tribe is a non - profit corporation which provides a
variety of programs and services that promote wellness for their people; and,
WHEREAS, the Kenaitze Indian Tribe has been developing its campus in Old Town
Kenai, including the construction of the Dena'ina Wellness Center and the newly
constructed Tyokas Elder Center; and,
WHEREAS, the City desires to support the continued work of the Kenaitze Indian
Tribe; and,
WHEREAS, new sidewalks and signage was constructed on the subject parcel by the
Kenaitze Indian Tribe as part of the construction of Tyokas Elder Center as requested
by the City; and,
WHEREAS, through Resolution No. 2016 -41 the Council of the City of Kenai
consented to the acceptance of a right -of -way which affects a portion of Lot 17, Block
5, Original Townsite of Kenai, located at the intersection of Mission Avenue and
Upland Street which contains the subject parcel.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI
ALASKA, that:
Section 1. Form: That this is a non -code ordinance.
Section 2. That the Kenai City Council hereby authorizes the City Manager to
execute the transfer of title of the real property known as Lot 17, Block 5,
Original Townsite of Kenai (KPB Parcel No. 047 - 071 -21), to the Kenaitze
Indian Tribe, on a form approved by the City Attorney, for less than fair
market value and for the sole purpose of providing programs and services
that promote wellness for their people.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2932 -2016
Page 2 of 2
Section 3. That the Kenai City Council further finds the disposal of the subject
parcel to be in the best interests of the citizens of the City of Kenai and
that the public interest shall be served by disposing of the property
interest for less than fair market value, in accordance with the recitals
above which are incorporated herein.
Section 4. 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 5. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
February, 2017.
BRIAN GABRIEL, MAYOR
Introduced: December 7, 2016
Postponed: January 4, 2017
Postponed: February 1, 2017
Enacted: February 15, 2017
Effective: March 15, 2017
New Text Underlined; [DELETED TEXT BRACKETED]
�'Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 111111
1992
MEMORANDUM:
TO: Rick Koch, City Manager
a,/-FROM: Matthew Kelley, City Planner
DATE: November 30, 2016
SUBJECT: Ordinance No. 2932 -2016
Donating a certain parcel to the Kenaitze Indian Tribe
The purpose of this communication is to provide additional information in support of Ordinance
No. 2932 -2016, which supports the donation of real parcel known as Lot 17, Block 5, Original
Townsite of Kenai to the Kenaitze Indian Tribe.
The Kenaitze Indian Tribe has expressed an interest in receiving the subject parcel through a
donation by the City of Kenai. The subject parcel is located at the corner of Mission Avenue
and Upland Street. The parcel has historically been used by the Kenaitze Indian Tribe for
parking and signage for the Tyokas Elder Center. The Kenaitze Indian Tribe has constructed a
new Elder Center and has asked to acquire the subject parcel for landscaping and signage.
Staff recommends the donation of the subject parcel to the Kenaitze Indian Tribe as it is no
longer needed for a public purpose.
The subject Resolution supports the vacation of the Section Line Easement and will be
submitted along with the application.
Thank you for your consideration.
Attachment: Ordinance No. 2932 -2016
Zoning: Townsite Historic District
KPB Parcel No: 047 - 071 -21
Owner: City of Kenai
Acreage: .04 Acres
Land Value: $300
Improvement Value: $0.00
Assessed Value: $300
Legal: Lot 17, Block 5, Original Townsite of Kenai
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Oct. 4, 2016
Kenai City Council
210 Fidalgo Ave.
Kenai, AK 99611
Dear Kenai City Council;
The purpose of this letter is to respectfully request the transfer of Lot 17
Block 5 Original Townsite (KPB Parcel Number 04707121) from the City
of Kenai to the Kenaitze Indian Tribe. The Tribe wishes to include the
parcel of land as part of its "campus" in Old Town Kenai.
This parcel previously contained signage for the old Tyokas Elder Center,
which was demolished in 2014. Today, the parcel is part of a new Elders
facility that the Tribe opened this year.
The Tribe agrees with Matt Kelley, city planner, that the parcel is no
longer needed for public use. Additionally, the Tribe has complied with
the City's request to install new sidewalks during construction of the new
building, per our agreement.
The Tribe appreciates the City's consideration in transferring this parcel of
land. Please do not hesitate to contact us should you have any questions or
require additional information.
Sincerely,
Jayl a Pet on -Nyren
Exe irector
Kenaitze Indian Tribe
"Vllaye with a Past, Git with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I 1111. F
1992
MEMORANDUM:
TO: Paul Ostrander, City Manager'P0.
FROM: Matthew Kelley, City Planner /71.0
DATE: January 11, 2017
SUBJECT: Ordinance No. 2932 -2016
Donating a certain parcel to the Kenaitze Indian Tribe
The purpose of this communication is to provide additional information to the City Council
regarding Ordinance No. 2932 -2016, which supports the donation of real property known as Lot
17, Block 5, Original Townsite of Kenai, to the Kenaitze Indian Tribe.
At their regular meeting of January 4, 2017, the City Council postposed consideration of
Ordinance No. 2932 -2016 to the meeting of January 18, 2017.
Staff would like to ask the City Council to consider postponing consideration of the subject
Ordinance to the regular meeting of February 15, 2017. At this meeting, staff will present a
substitute Ordinance for consideration by the Council along with a draft quitclaim deed. The
substitute Ordinance would allow for the conditional donation of the subject parcel to the Kenai
Indian Tribe and would further require that the quitclaim deed contain a Reverter Clause. The
Reverter Clause would stipulate that should the preliminary plat which affects the subject parcel
not be recorded within 6 months, ownership of the parcel would revert back to the City. The
quitclaim deed would also stipulate that the Kenaitze Indian Tribe would not be allowed to block
or otherwise affect the normal flow of traffic through the intersection of Mission Avenue and
Upland Street before the preliminary plat records.
The subject parcel was included in a preliminary subdivision plat (PZ16 -15), that was approved
by the City of Kenai on June 8, 2016, and the Kenai Peninsula Borough on August 22, 2016.
As part of the approval for the preliminary plat, it was discussed with the Kenaitze Indian Tribe,
that the subject parcel would be donated to them if they constructed sidewalks on Upland Street.
The construction of the sidewalks on Upland Street was for the benefit of the City and the Tribe,
to support the development of their new Elder Center, which was completed in January 2016.
In discussions with surveyor, if the City does not convey the subject parcel to the Kenaitze
Indian Tribe, the City would have to sign the final plat as a property owner. Furthermore,
because a right -of way between the subject parcel and parcels owned by the Kenaitze Indian
Tribe to the north is being vacated, it would require that half of the right -of -way go to the parcel
owned by the City and the other half go to the Tribe. This would result in the creation of a
property line between the two parcels, which would require an additional subdivision plat to
vacate this property line after the City donates the subject parcel to the Tribe.
Attached for the City Council's information is a copy of the preliminary subdivision plat, which
has been approved by the City and the Borough. Also, attached for the City Council's
information is a copy of Resolution No. 2016 -41, which consented to the vacation and dedication
of rights -of -way, which affect the subject parcel.
Thank you for your consideration.
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CITY OF KENAI
RESOLUTION NO. 2016 - 41
Sponsored by: City Manager
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE
VACATION OF A RIGHT -OF -WAY, APPROXIMATELY 104 FEET IN LENGTH AND 20 TO
30 FEET IN WIDTH, BETWEEN LOT 16A BLOCK 5, TOWNSITE OF KENAI KENAITZE
ADDITION AND LOT 17, BLOCK 5, TOWNSITE OF KENAI, AND CONSENTING TO THE
ACCEPTANCE OF THE RIGHT -OF -WAY AFFECTING A PORTION OF LOT 17, Block 5,
TOWNSITE OF KENAI, LOCATED AT THE INTERSECTION OF MISSION AVENUE AND
UPLAND STREET AS SET FORTH ON THE PLAT OF TOWNSITE OF KENAI 2016
ADDITION, WHICH IS ATTACHED HERETO AS EXHIBIT "A ".
WHEREAS, on July 13, 2016, by Resolution PZ16 -15, the Planning and Zoning
Commission of the City of Kenai recommended that the Kenai Peninsula Borough
Planning Commission approve TOWNSITE OF KENAI 2016 ADDITION with vacation of
a Right -of -Way approximately 104 feet in length and 20 to 30 feet in width, between Lot
16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of
Kenai and dedication of the Right -of -Way affecting a portion of Lot 17, Block 5, Townsite
of Kenai, located at the intersection of Mission Avenue and Upland Street as set forth
on the Plat of Townsite of Kenai 2016 Addition which is attached hereto as Exhibit "A ";
and,
WHEREAS, on August 22, 2016, the Kenai Peninsula Borough Planning Commission
met and approved the Preliminary Plat and vacation and Right -of -Way dedication
consistent with the Planning and Zoning Commission for the City of Kenai; and,
WHEREAS, on August 26, 2016, the City received notice from the Kenai Peninsula
Borough that consistent with State Statute and Borough Code, the City has 30 -days
from August 22, 2016 to consent to or veto the vacation of the Right -of -Way; and
WHEREAS, Ordinance No. 2802 -2014 which became effective on January 16, 2015,
amending Kenai Municipal Code 22.05.110(b) - Determination as to Need for Public Use,
as follows: "Whether land previously dedicated to public use or should no longer be
needed for public use shall be determined by the City Council by ordinance, except in
cases of vacation of rights -of -way or easements which may be determined by resolution ";
and,
WHEREAS, ENSTAR Natural Gas and Homer Electric Company have submitted
comments to the Kenai Peninsula Borough which offer no objection to the removal of
these Right -of -Way; and,
WHEREAS, the Right -of -Way listed below is no longer needed for a public use as
alternative public Rights -of -Way are provided for and are consistent with the
development of TOWNSITE OF KENAI 2016 ADDITION.
Page 2 of 2
Resolution No. 2016 - 41
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
1) That that the following Right -of -Way, within the TOWNSITE OF KENAI 2016
ADDITION, within the City of Kenai is no longer needed for a public use and that the
Council of the City of Kenai consents to this vacation:
a) A Right -of -Way approximately 104 feet in length and 20 to 30 feet in width,
between Lot 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block
5, Townsite of Kenai.
2) That the following Right -of -Way, is hereby accepted by the Council of the City of
Kenai, as needed for a public use:
a) That portion of Lot 17, Block 5, Townsite of Kenai, located at the intersection
of Mission Avenue and Upland Street as set forth on the Plat of Townstie of Kenai
2016 which is hereto as Exhibit "A".
b) That this Resolution shall be effective immediately upon its adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
September, 2016.
r�J
Sandra
PAT PORTER, MAYOR
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 bAN1
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11I1
1992
MEMORANDUM:
TO: Paul Ostrander, City Manager ,7,0 -
FROM: Matthew Kelley, City Planner/l-
DATE: February 15, 2017
SUBJECT: Ordinance No. 2932 -2016
Donating a certain parcel to the Kenaitze Indian Tribe
The purpose of this communication is to provide additional information to the City Council
regarding Ordinance No. 2932 -2016, which supports the donation of real property known as Lot
17, Block 5, Original Townsite of Kenai, to the Kenaitze Indian Tribe.
Attached for review by the City Council is a draft Quit Claim Deed that would allow for the
conditional donation of the subject parcel to the Kenaitze Indian Tribe. The Quit Claim Deed
includes a Reverter Clause, which would allow the City to regain title of the subject parcel in the
event that the Plat titled " Townsite of Kenai 2016 Addition" is not recorded by August 1, 2017.
Upon recording the plat, the subject parcel would become part of Tract B, Block 5 as shown on
the subject plat (attached). The subject parcel is approximately .04 acres. There is a right -of-
way to the north that is approximately. 04 acres in size as well. This right -of -way would be vacated
and would become Kenaitze Indian Tribe property upon recording of the subject plat. In addition,
the portion of the subject parcel that is located within the intersection of Upland Street and Mission
Avenue would become new right -of -way upon recording of the plat.
The subject parcel was included in a preliminary subdivision plat (PZ16 -15), that was approved
by the City of Kenai on June 8, 2016, and the Kenai Peninsula Borough on August 22, 2016. As
part of the approval for the preliminary plat, it was discussed with the Kenaitze Indian Tribe, that
the subject parcel would be donated to them if they constructed sidewalks on Upland Street. The
construction of the sidewalks on Upland Street was for the benefit of the City and the Tribe, to
support the development of their new Elder Center, which was completed in January 2016. In
discussions with surveyor, if the City does not convey the subject parcel to the Kenaitze Indian
Tribe, the City would have to sign the final plat as a property owner. Furthermore, because a right -
of way between the subject parcel and parcels owned by the Kenaitze Indian Tribe to the north is
being vacated, it would require that half of the right -of -way go to the parcel owned by the City and
the other half go to the Tribe. This would result in the creation of a property line between the two
parcels, which would require an additional subdivision plat to vacate this property line after the
City donates the subject parcel to the Tribe.
For review by the City Council, staff has included a map, which overlays the subject parcel with
the Townsite of Kenai 2016 Addition subdivision plat.
Thank you for your consideration.
Subject Parcel is Highlighted in Blue. The radius shown as C1 would become the new right -of -way after the
Plat is recorded. The parcel lines in the GIS are off, therefore C1 does not line up with the exact curvature
of the street in this area.
N
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Map Showing the locatoin of the Subject Parcel to be donated to the Kenaitze Indian Tribe s
WHEN RECORDED RETURN TO:
Name:
Address:
City, State, Zip:
QUIT CLAIM DEED
THE GRANTOR(S), City of Kenai whose address is: 210 Fidalgo Avenue, Kenai, Alaska
99611, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, conveys and quit claims all interest, if any, to:
THE GRANTEE(S), Kenaitze Indian Tribe whose address is: P.O. Box 988, Kenai,
Alaska 99611, the following described real property situated in the State of Alaska:
Lot 17, Block 5, Original Townsite of Kenai, According to Plat No. KN 2970, Located within the
Kenai Recording District, Third Judicial District, State of Alaska.
In the event The Kenatzie Indian Tribe does not record the Plat titled " Townsite of Kenai 2016
Addition" by August 1, 2017, the title to this property and any improvements thereon shall revert to
the City of Kenai at the City's Option.
SUBJECT TO: reservations, exceptions, and easements, rights of ways, covenants, conditions and
restrictions of record, if any.
Dated:
CITY OF KENAI
By: Paul Ostrander
Its: City Manager
KENAITZE INDIAN TRIBE
By:
Its
Quit Claim Deed Page 1 of 2
ACKNOWLEDGMENTS
STATE OF ALASKA )
)Ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of
2017, by Paul Ostrander, City Manager for the City of Kenai, being personally known to
me or having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution the foregoing instrument on
behalf of said City.
Notary Public in and for the Afte of Alaska
My appointment expires:
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of
2017, by Its_ for the Kenaitze Indian
Tribe, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf of said City.
Notary Public in and for the State of Alaska
My appointment expires:
Quit Claim Deed Page 2 of 2