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HomeMy WebLinkAboutResolution No. 2019-83thuityo/ .KENAI, AWKA 'V CITY OF KENAI RESOLUTION NO. 2019-83 Sponsored by: Legal A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE KENAI PENINSULA BOROUGH SELECT THROUGH ITS MUNICIPAL ENTITLEMENT, LAND DESCRIBED AS T.6N., R.11W. SEC. 3 1, LOTS 40, 41, AND 42 CONTAINING 3.75 ACRES , FROM THE STATE OF ALASKA FOR THE CITY OF KENAI TO ENABLE THE CONTINUED MAINTENANCE AND OPERATION OF THE 4rH AVENUE MUNICIPAL PARK . WHEREAS, the City currently maintains 4th Avenue Park in the City and has done so since the 1970's ; and, WHEREAS, the City's maintenance of the neighborhood Park enhances not only the aesthetics and recreational opportunities in the neighborhood for residents and visitors, but also protects public safety; and, WHEREAS , the Un ited States Bureau of Land Management reasserted ownership of the Park in 2000 , recording its decision in 2018 and recently purported to grant its ownership to the State of Alaska; and, WHEREAS , the property on which the Park sits was originally patented from the Bureau of Land Management to the North Kenai Home Owners Association with the restriction that it could only be used for playground purposes and could not be further conveyed without Bureau of Land Management consent; and, WHEREAS, in 1978 the Kenai Peninsula Borough foreclosed on the property for non-payment of property taxes and a Clerk's Deed was issued to the City; and, WHEREAS , the Bureau of Land Management's decision to re-assert ownership of the Park based on "conveyance" to the City by the Home Owners Association ignores the decision by the Kena i Superior Court granting t itle to the City, the Borough's statutorily authorized foreclosure process, and decades of management and oversight by the City; and, WHEREAS, neither the federal government nor State has provided any maintenance o r management activities on the parcel; and, WHEREAS, rather than litigate the issue with the federal government, the City's legal department worked with the federal government, state , and Borough Planning Department to map out a less expensive and more timely process moving forward ; for the Borough to select the parcel from the State through its Mun ic ipal Entitlement pursuant to AS 29.65.010 and reconvey it at no cost to the City; and , WHEREAS, the Borough was granted in excess of 150,000 acres of municipal entitlement, and selecting less than 4 acres for the City is de minimis in this regard and will benefit the public users of the Park. Resolution No. 2019-83 Page 2 of 2 NOW , THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That the Kenai Peninsula Borough is respectfully requested to move forward with selection of T .6N., R.11 W. SEC. 31 , Lots 40, 41 , and 42 containing 3. 75 acres through its municipal entitlement. Section 2. That a copy of this Resolution be forwarded to the Kenai Peninsula Borough Mayor and Assembly. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 181h day of December 2019 . BRIAN GABRIEL , SR , MAYOR ATTEST: ''tftff~ a1/t~ a Pa~~ Ct'ti a1/t~ a h.tfl.l"e 11 210 F id a lgo A ve , K e n a i , A laska 996 11-7794 Tele p h o n e : (9 07 ) 2 8 3-7535 I Fax : (9 07) 2 8 3-30 14 www.kena i .city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Scott Bloom , City Attorney December 5, 2019 Resol ution No. 2019-83 Kenai Peninsula Borough Land Selecti on The City operates and maintains 4th Avenue Park, which consists of a playing field , baseball backstop, and covered barbeque area . The City has maintained the Park since the 1970's when the City obtained the property through the Borough's foreclosure process . Orig inally the land was patented from the Federal Bureau of Land Management (BLM ) to a home owners association to maintain as a park. When the home owners association failed to pay ta xes on the property, it went into the Borough 's foreclosure process. The Kenai Superior Court issued t he City a C le rk 's deed in 1978. BLM recorded a decision later stating that it was again the owner of the park because the transfer of ownership from the homeowner's association to City violated a clause in the Patent from BLM to the home owners association that the property could not be transferred wi t hout consent of BLM . After recording its decision , BLM recently recorded a deed transferring the property to the State of Alaska. I have been working with BLM for a number of years and , more recen tly the State, to try and get title back to the City. While I believe there are potentially valid lega l arguments for the City to assert that it still is the owner of the property based on the Alaska Superior Court's Order and issuance of Clerk's Deed , the history of this process is somewhat convo luted. In working with BLM , the State , and the Borough , I believe there is a more e x peditious path forward than liti gation . The Borough was granted over 150,000 acres of land to selec t from the State pursuant to its mun icipal entitlement. I understand the State and Borough Plann ing Department are agreeable to the Borough se lecting the few acres that comprise the Park from th e Sta te and then conveying the property at no cost back to the City. This process would be de minim is in the amount of acreage the Borough has available , the State doesn't want to maintain or be respons ible for a small neighborhood park, and the City can continue to maintain this recreationa l opportunity for the public. Your support for th is Resoluti o n requesting the Borough select the pro perty from t he Stat e is appreciated .