HomeMy WebLinkAboutORDINANCE 0456-1978CITY OF KENAI
ORDINANCE NO. 456-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
DECLARING CERTAIN LANDS FORECLOSED BY THE KENAI PENINSULA
BOROUGH AND DEEDED TO THE CITY OF KENAI AS DEDICATED FOR
PUBLIC USE AND/OR SURPLUS TO THE NEEDS OF THE CITY AND
AMENDING ORDINANCE #312-78 TO PROVIDE FOR WRITTEN NOTICE TO
FORMER OWNERS OF SAID PARCELS PURSUANT TO STATE STATUTE.
WHEREAS, on May 31, 1978 certain lands, foreclosed by the
Kenai Peninsula Borough, were deeded to the City of Kenai,
and
WHEREAS, these lands have been reviewed by the City of Kenai
Advisory Planning and Zoning Commission in accordance with
the City Code, and
WHEREAS, the Commission's recommendation as to retention for
public use and/or disposition of certain land is in order,
and
WHEREAS, A.S. 29.53.370 and A.S. 29.53.375 provide for the
notice of this ordinance to previous owners of said property
by Certified Mail, and
WHEREAS, such new state statutory sections should be added
to Ordinance %456-78 providing for the sale of foreclosed
land.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI AS FOLLOWS:
Section
That the following parcels, as described below, along
with the name and address of their former owner shall
be retained for public purposes for park and recreation
sites~
Parcel #
039-035-0100
Legal Description
Black Gold Estate,
Block 5
Former Owner
West Pacific Land Dev. Corp.
313 E St., Suite 1, Anch. Ak.
043-050-1700
Sec. 31, T6N, RllW,S.M.
Lots 40, 41, 42
North Kenai Home
Owners Assoc. Inc.
Genexal Del.
Kenat, Ak. 99611
Ord. 456-78, page 2
Parcel #
047-084-0200
Legal Description
Orig. Twn. Kenai
Lot 2, Block 12
Fozmer Owner
Raymond Gee
9419 Wamble
Oakdale, Ca. 95~6~
Section
That the following parcels, as described below, along
with their former owners shall be retained by the City
for public purposes for a future site for a fire station:
039-054-0900
C.F. Ahlstrom Sub.
Lot 9, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-054-1000
C.F. Ahlstrom Sub.
Lot 10, Blk. 11
James E. Ewart
Fairbanks, Ak. 99707
039-054-1100
C.F. Ahlstrom Sub.
Lot 11, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
Section 3~
That the following parcels are declared to be surplus
to the needs of the City and are not needed for public
purposes and therefore shall be sold in accordance with
Ordinance 312-76 as amended herein:
039-054-1200
C.F. Ahlstrom Sub.
Lot 12, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-054-1300
C.F. Ahlstrom Sub.
Lot 13, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-054-1400
C.F. Ahlstrom Sub.
Lot 14, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-081-2300
C.F. Ahlstrom Sub.
Lot 36, Blk. 13
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-062-1600
C.F. Ahlstrom Sub.
Lot 16, Blk. 9
West Pacific Land
Dev. Corp.
313 E St.,
Suite 1
Anchorage, Ak. 99501
Ord. 456-78, page 3
Section 4:
Ordinance 312-76 is hereby amended to add the following
provisions. Add a new section 9 to said ordinance to
read:
(a) The City Council shall determine by ordinance whether
foreclosed property deeded to the City by virtue of
A.S. 29.53.360 shall be retained by the City for a
public purpose. The ordinance shall contai~ the legal
description of the property, the address or a general
description of the properties sufficient to provide the
public with notice of its location, and the name of the
last record owner of the property as his name appears
on the assessment rol~s of the City.
(b) Tax-foreclosed properties conveyed to the City by
tax foreclosure and not required for a public purpose
may be sold. Before the sale of tax-foreclosed property
held for a public purpose, the assembly or Council, by
ordinance, shall determine that a public need does not
exist. The ordinance shall contain the information
required in (a) of this section.
(c) The Clerk shall send a copy of the published
notice of hearing of an ordinance to consider a determination
required by (a) or (b) of this seciton by Certified
Mail to the former record owner of the parcel of property
which is the subject of the ordinance. The notice
shall be mailed within five days of its first publication
and shall be sufficient if mailed to the property owner
at last address of record.
(d) The provisions of (c) of this section do not apply
with respect to property which has been held by the
City for a period of more than ten years after the
close of the redemption period.
A new section 10 shall be added as follows:
Repurchase by record owner
(a) The record owner at the time of tax foreclosure of
property aoquired by the City, or his assignees, may,
at any time before the sale or contract of sale of the
tax-foreclosed property by the . City repurchase
the property. The City shall sell the
property for the full amount applicable to the property
under the Judgment and decree with interest at the rate
Ord. 456-78, page 4
of 8% a year from the date of entry of judgment of
foreclosure to the date of repurchase, delinquent taxes
assessed and levied as though it had continued in
private ownership, and costs of foreclosure and sale,
including, but not limited to, costs of publication of
notice and any costs associated with the determination
of holders of mortgages and other liens of record under
A.S. 29.53.$50(a).
(b) After adoption of an ordinance providing for the
retention of a parcel of tax-foreclosed property by the
City for a public purpose, the right of the former
record owner to repurchase the property ceases.
PASSED BY THE COUNCIl, OF THE CITY OF KENAI, ALASKA this
day of January, 1979.
!
VINCENT O' REILLY,
ATTEST:
S~e C. Peter, City Clerk
17th
First Reading~ December 20, 1978
Second Readings January 3, 1979
Third Reading~ January 17~'1979
Effective Dates February 17, 1979