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HomeMy WebLinkAboutOrdinance No. 2980-2017Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2980-2017 (SUBSTITUTE) AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THAT LOT 9, BLOCK 8, ORIGINAL TOWNSITE OF KENAI, ACCORDING TO PLAT NO. K-2970, LOCATED WITHIN SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALSO KNOWN AS 612 INLET STREET, KENAI, ALASKA, WHOSE LAST RECORDED OWNER UNDER BOROUGH ASSESSMENT RECORDS WAS BILLY A MCCANN, PO BOX 92, KENAI, ALASKA, SHALL BE RETAINED BY THE CITY OF KENAI FOR A PUBLIC PURPOSE. WHEREAS, the City has identified parcels of property foreclosed upon by the Kenai Peninsula Borough for unpaid real property taxes that will serve a public purpose to the City; and, WHEREAS, the subject parcel is Lot 9, Block 8, Original Townsite of Kenai, According to Plat No. K-2970, also known as 612 Inlet Street, Kenai, Alaska; and, WHEREAS, the subject parcel is further identified as Kenai Peninsula Borough Parcel Number: 047-074-08; and, WHEREAS, the City of Kenai will pay the outstanding balance for property taxes in the amount of $342.60 of which $327.54 relates to Kenai Peninsula Borough taxes and interest and the remaining $15.06 relates to City of Kenai taxes and interest; and, WHEREAS, upon the payment of the outstanding balance of property taxes the Kenai Peninsula Borough will convey the subject parcel to the City of Kenai by quitclaim deed; and, WHEREAS, the City of Kenai desires to retain the above -referenced tax -foreclosed property for public purposes, including as a staging area to support bluff erosion control measures and, later for parks and recreation purposes; 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, on August 15, 2017 and September 5, 2017 the City Clerk sent a copy of the publicized notice of the hearing on this ordinance to the last record of the property owner 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 a 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, as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2980 - 2017 Page 2 of 2 Section 1. Form: That this is a non -code ordinance. Section 2. That Lot 9, Block 8, Original Townsite of Kenai, according to Plat No. K-2970, located within Section 5, Township 5 North, Range 11 West, Seward Meridian, also known as 612 Inlet Street, Kenai, Alaska, whose last recorded owner under borough assessment records was Billy A McCann, PO Box 92, Kenai, Alaska, 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 11. 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 61h day of September, 2017. Acting City Clerk by Finance ,,/- , �� g BRIAN GABRIEL SR., MAYOR Introduced: August 16, 2017 Enacted: September 6, 2017 Effective: October 6, 2017 New Tent Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 2980-2017 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THAT LOT 9, BLOCK 8, ORIGINAL TOWNSITE OF KENAI, ACCORDING TO PLAT NO. -2970, LOCATED WITHIN SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, EWARD MERIDIAN, ALSO KNOWN AS 612 INLET STREET, KENAI, ALASKA, OSE LAST RECORDED OWNER UNDER BOROUGH ASSESSMENT RECORDS AS BILLY A MCCANN, PO BOX 92, KENAI, ALASKA, SHALL BE RETAINED BY T CITY OF KENAI FOR A PUBLIC PURPOSE. WHEREAS, the City has identified parcels of property forecloseon by the Kenai Peninsula Borough for unpaid real property taxes that will serve a public pur ose to the City; and, WHEREAS, the subject parcel is Lot 9, Block 8, Original Tow nsite of Kenai, According to Plat No. K-2970, also known as 612 Inlet Street, Kenai, Alask , and, WHEREAS, the subject parcel is further identified as'kenai Peninsula Borough Parcel Number: 047-074-08; and, WHEREAS, on the City of Ke/retes d the outstanding balance for property taxes in the amount of $342.60 of which $327.54 to Kenai Peninsula Borough taxes and interest and the remaining $15.06 relates to Cityi taxes and interest; and, WHEREAS, on the Ken Peninsula Borough conveyed Lot 9, Block 8, Original Townsite of Kenai, According to PI No. K-2970 to the City of Kenai by quitclaim deed; and, WHEREAS, the City of Kenai sires to retain the above -referenced tax -foreclosed property for public purposes, including as staging area to support bluff erosion control measures and, later for parks and recreation pur oses; and, WHEREAS, AS 29.45 60 requires that the City determine by ordinance whether a tax - foreclosed property s II be retained for a public purpose and shall provide the former record owner, by certified ]I, notice of the public hearing on that ordinance; and, WHEREAS, on the City Clerk set a copy of the publicized notice of the hearing on this ordinance to a last record of the property owner as the name appears on the Borough assessment IIs by certified mail; and, 4 after passage of an ordinance declaring the City's retention of a tax -foreclosed for a public purpose, the right of the former record owner to repurchase the property NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2980 - 2017 Page 2 of 2 Section 1. Form: That this is a non -code ordinance. Section 2. That Lot 9, Block 8, Original Townsite of Kenai, according to Plat No. K-2970, located within Section 5, Township 5 North, Range 11 West, Seward Meridian, also known as 612 Inlet Street, Kenai, Alaska, whose last recorded owner under borough assessment records was Billy A McCann, PO Box 92, Kenai, Alaska, 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 11. 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 6th day of September, 2017. ATTEST: Jamie Heinz, Acting City Clerk BRIAN GABRIEL SR., MAYOR Introduced: August 16, 2017 Enacted: September 6, 2017 Effective: October 6, 2017 New Text Underlined; IDEJ-hit DD MAI tstte+i.ncinv7 KPB Parcel No: 047-074-08 Owner: Kenai Peninsula Borough Former Owner: Billy A McCann Acreage: .35 Acres Assessed Value: $600.00 Legal: Lot 9, Block 8, Original Townsite of Kenai Zoning: Townsite Histroic 50 100 KENM�ILLASI(ll 200 Feet A 2017-003943-0 S Recording District 362 Kenai A 061051201710:47 AM Page 1 of 5 NI IIIINIIIIINIIIN�NINIIIIIIINIIININININN IIINIIIIIIN�IIININIIIIIlII IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: KENAI PENINSULA BOROUGH FORECLOSURE OF 2014 DELINQUENT REAL PROPERTY TAX LIENS AND SPECIAL ASSESSMENTS Case No. 3KN-15-144C1 CORRECTED CLERK'S DEED In the matter of foreclosure of delinquent tax liens and special assessments by the Kenai Peninsula Boroug''h,QQS''//olldotna, Alaska, for the year 2014 and prior lien years, I, DeirdV6 12e4e ,lerk of the Superior Court for the State of Alaska, Third Judicial District, 125 Trading Bay Drive, Suite 100, Kenai, Alaska 99611, pursuant to the provisions of AS 29.45.450, do hereby convey to the KENAI PENINSULA BOROUGH, an Alaska municipal corporation, 144 N. Binkley Street, Soldotna, Alaska 99669, all right, title and interest in the properties in the area of the Kenai Peninsula Borough, Kenai Recording District, and not redeemed as provided by law, which properties are described as follows: Lot Sixteen (16), Block Fourteen (14), AURORA HEIGHTS SUB BLOCKS 5, 6, 7, 8, 12, 13, & 14, Plat No. K-1510, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01206036) Lot Thirteen (13), Block Three (3) FOREST SUB PART TWO, Plat No. 82-104, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01241027) 3KN-15-144CII Corrected Clerk's Deed — 2014 taxes Kenai Recording District Pagel of 5 0 0 Lot Three (3), MOOSE RUN ESTATES SUB, Plat No. 84-51, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01369003) Lot Eighteen (18), SPRUCE HAVEN ESTATES SUB, Plat No. 75-59, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01524010) Lot "C", One (C 1), MERRYWOOD SUB TICEN REPLAT, Plat No. 2013- 127, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01712011) Lot Twelve "A", (12-A), STIERS SUB, Plat No. 87-26, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01713043) That portion of U.S. Government Lot 39, within Section 14, Township 6 North, Range 12 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska, which lies West of Westerly right-of-way line of North Kenai Road Highway (KPB PIN 01714022) Government Lot Fifty-seven (57), Lying West of North Kenai Road in Section 23, Township 6 North, Range 12 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01719001) Lot Six (6), LOWER SALAMATOF LAKE SUB, Plat No. K-1532, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01727006) Lot Ninety-seven (97), GRAY CLIFF SUB, Plat 82-80, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 02525014) Lot Two -hundred (200), MOOSE POINT SUB, Plat No. 84-65, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 02544509) Lot Twenty-four (24), Block One (1), BUSH LANES SUB, Plat No. K-1018, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 03902113) 3KN-15-144C1/ Corrected Clerk's Deed — 2014 taxes Kenai Recording District Page 2 of 5 II�RII II�I�BIIIII�III'Nlil�ll>I6�IR Page 2 of 5 2017-003943-0 n U �J Lots Seventeen (17) and Twenty (20), Block Eight (8), BLACK GOLD ESTATES SUB, AMENDED, Plat No. K-1399, Kenai Recording District, Third Judicial District, State of Alaska (KPB PINS 03904012 and 03904015) Lot Nine (9), Block Eight (8) ORIGINAL TOWNSITE OF KENAI, US SURVEY 2970 A and B, Plat No. K-2970, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 04707408) Lots Twenty-nine (29) and Thirty (30), Block Nine (9), CASTAWAY COVE SUB AMENDED, Plat No. 84-140, Kenai Recording District, Third Judicial District, State of Alaska (KPB PINS 05525334 and 05525335) Tract "D" Two (D-2), ML STEWART HOMESTEAD KING COUNTRY ADDITION REPLAT, Plat No. 91-63, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 05766038) A parcel of land located in the NEIANE1/4 and Government Lot 6 in Section 22, Township 5 North, Range 9 West, Seward Meridian, which is bounded by the North-South Section Line common to Sections 22 and 23 and Lot 19 in Block 3 of Pine Bluff Subdivision, Plat No. 85-144 and Lot 18A and Tract A -I of Pine Bluff Subdivision No Two, Plat No. 88-78 and a portion of Fields Road and also being a portion of V. Enberg Property shown in Survey Plat K-1439 and a portion of Tract E as shown on Pine Bluff Subdivision No Two, Plat No. 88-78 and referenced as Note 4 on said plat: Excepting therefrom the following described parcel described in Book 49 of Deeds at page 261 and more particularly described as follows: A parcel of land located within the NEI/4 of Sec. 22, T. 5 N., R. 9 W., Seward Meridian Kenai Recording District, Third Judicial District, State of Alaska, more particularly described by metes and bounds as: Beginning at a point on the East Section line of Sec. 22, from which the corner of Sections 14, 15, 22 and 23, T. 5 N., R. 9 W., S.M. Bears N. 0°02'30" W., 1193.39 ft., said point being the true point of beginning; thence West 269.80 ft.; thence along a curve to the left, with an arc dist. of 58.56 ft., having a radius of 27.30 ft. and a delta angle of 90°00; thence South 69.90 ft.; thence along a curve to the left, with an are dist. of 58.56 Ft. having a radius of 37.30 ft., and a delta angle of 90°00; thence East 269.80 ft.; thence N. 0°02'30" W., 144.50 ft. to the point of beginning... (KPB PIN 06315056) 3KN-15-144Cl/ Corrected Clerk's Deed - 2014 taxes Kenai Recording District Page 3 of 5 Page 3 0l 5 2017-003943-0 E 0 Lot Eight (8), BRITTELL SUB 1999 ADDN, Plat No. 99-93, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06387039) Lots Forty-three (43), Forty-four (44), and Forty-five (45), Block Fourteen (14), GREGORY SUB ADDN NO 6, Plat No. 74-54, Kenai Recording District, Third Judicial District, State of Alaska (KPB PINS 06544043, 06544044,06544045) Lot Eight (8), Block One (1), POAGE SUB, NO. 1, Plat No. 79-161, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06643019) Lot One "A" (1A), Block "E", LUPINE SUB NO 2, Plat No. 84-296, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06644401) Lot Six (6), SALMON BERRY ACRES SUB, Plat No. 82-85, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06647006) Government Lot Eight (8), of Section 9, Township 3 North, Range 12 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 13301008) Lot Six (6), EAST COHOE SUB, Plat No. 84-238, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 13307306) This instrument is executed without covenants of any character, express or implied, and the execution thereof shall not in any circumstances impose any liability on the undersigned. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Superior Court for the State of Alaska, Third Judicial District, this 30 day of 2017. &4�7&4&j� Cle�k of the Superi&Vourt 3KN-15-144CU Corrected Clerk's Deed — 2014 taxes Kenai Recording District Page 4 of 5 Page 4 of 5 2017-003943-0 9 STATE OF ALASKA THIRD JUDICIAL DISTRICT ACKNOWLEDGMENT )ss. ) 10 The foregoing in rument as acknowledged before`me ori ,this +da` 'of g g g 3s� M G t�, 2017, by - - Notary Public for St of Al A' = My commission expires: iJ U 9i Record in KENAI recording district Return document to: Kenai Peninsula Borough Legal Department 144 N. Binkley St. Soldotna, AK 99669-7520 3KN-15-144Cl/ Corrected Clerk's Deed — 2014 taxes Kenai Recording District Page 5 of 5 1�i11�I�I�III�IIIIVIflIIliuIII�IIVIVilI Page 5 of 5 2017-003943-0 NV MEMORANDUM 'r/,2eag" 'Wla a Pali efi o wa a f twee 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 www.kenai.city TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager?(5�- FROM: Matt Kelley, City Planner Ae DATE: August 9, 2017 SUBJECT: Ordinance No. 2980-2017 The purpose of this communication is to provide information to the City Council regarding Ordinance No 2980-2017, which is written to declare that tax -foreclosed parcel, Lot 9, Block 8, Original Townsite of Kenai, According to Plat No. K-2970, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, also known as 612 Inlet Street is needed for a public purpose. The subject parcel will be used to support bluff erosion control measures and, later for parks and recreation purposes. Alaska Statue (AS) 29.45.460 requires a determination to retain tax -foreclosed property for public purposes by ordinance. This ordinance addresses the requirements of state statue designed, in part to protect the rights of former record owners of tax -foreclosed property. Pursuant to AS 29.45.460, once a city enacts an ordinance to retain tax -foreclosed property for a public purpose, the rights of the former owner of record to repurchase the property ceases. Furthermore, AS 29.45.460 requires that when the City requests to retain a tax -foreclosed property for public purposes, it must provide the former owner of record with a public notice of its intent to enact an ordinance declaring so. Staff is working to provide the former owner of record with a special public hearing notice, which is anticipated to be sent out on August 17, 2017 to inform them of the public hearing on the subject ordinance. The former owner of record can participate at the public hearing on the ordinance or act before it is enacted to redeem the subject property. Thank you for your consideration. v MEMORANDUM '704,0, w;a a past elit wit/ a Ftwv 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 www.kenai.city TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager? FROM: Matt Kelley, City Planner,& DATE: August 31, 2017 SUBJECT: Substitute Ordinance No. 2980-2017 The purpose of this communication is to provide additional information to the City Council regarding Substitute Ordinance No 2980-2017, which is written to declare that tax -foreclosed parcel, Lot 9, Block 8, Original Townsite of Kenai, According to Plat No. K-2970, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, also known as 612 Inlet Street is needed for a public purpose. The subject parcel will be used to support bluff erosion control measures and, later for parks and recreation purposes. Alaska Statue (AS) 29.45.460 requires that when the City requests to retain tax -foreclosed property for public purposes, it must provide the former owner of record with a public notice of its intent to enact an ordinance declaring so. To comply with this requires a determination to retain tax -foreclosed property for public purposes by ordinance. This ordinance addresses the requirements of state statue designed, in part to protect the rights of former record owners of tax -foreclosed property. Thus, to comply with AS 29.45.460, staff sent out public hearing notices to the last owner of record, on August 15, 2017 and on September 5, 2017. Furthermore, pursuant to AS 29.45.460, once a city enacts an ordinance to retain tax -foreclosed property for a public purpose, the rights of the former owner of record to repurchase the property ceases. Thus, the City will pay the outstanding balance for property taxes, in the amount of $342.60 of which, $327.54 relates to Kenai Peninsula Borough taxes and interest and the remaining $15.06 relates to City of Kenai taxes and interest. Lastly, upon payment of the outstanding balance of property taxes the Kenai Peninsula Borough will convey the subject parcel to the City of Kenai by quitclaim deed. Thus, staff is presenting a Substitute Ordinance for consideration by the City Council. To reflect the above discussed information, staff has updated the fourth, fifth, and eighth WHEREAS statements. Thank you for your consideration.