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Home My WebLink AboutRESOLUTION 1999-11Suggested by.: Administration CITY OF KENAI RESOLUTION NO. 99-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KEN;ii, ALAS~ ACCEPTING CONVEYANCE OF A 9.64_+ ACRE PARCEL NEXT TO KENAI CENTRAL HIGH SCHOOL FROM THE KENAI PENINSULA BOROUGH. WHEREAS, the Ciiy of Kenai will be building a multipurpose recreational facility and has determined a site in proximity to Kenai Central High School would be ideal for this facility; and, WHEREAS, the City of Kenai has agreed to provide a site for construction of the Challenger Learning Center of Alaska; and, WHEREAS, the City Administration determined this site would be ideal for both facilities; and, WHEREAS, Kenai Peninsula Borough passed Ordinance 98-69 authorizing the borough acquisition of land next to Kenai Central High School in exchange for granting lots on the Kenai River to the State of Alaska Mental Health Trust; and, WHEREAS, Kenai Peninsula Borough passed Ordinance 98~74 (attached) authorizing the conveyance of a 9.64 _+ Acre parcel within the City of Kenai next to Kenai Central High School to the City of Kenai at other than Market Value, for public facilities; and, WHEREAS, Kenai Peninsula Borough Ordinance 98~74 sets terms for the conveyance of said property. NOW, THEREFORE, BE IT RESOLVED that the City of Kenai accepts conveyance of said property from the Kenai Peninsula Borough according to the terms set forth in Kenai Peninsula Borough Ordinance 98-74. PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 3~a day of March 1999. ,,,/PI~SIDEN~,~BRO TEMPORE dDHN d. WILLIAMS, MAYOR ATTEST: CaroiL. F~e~d, C~t~ Clerk Approved by Finance' ~;)"~ (2/17/99) mk ~I:N.'I DY' KI-'D I-'LANN.I. NLi] 2-1D-~ ll'UD'] ~U/2~2I:I~'II~ --> 90! 28~ -Introduced by: Mayor Date.: I ~0g/98 Hearing: 01/05/99 Action: Enacted Vote: 8 Yes. ! A. bs~.n KE.NAI PENINSIol..A BOROUGH ORDINANCE 98-74 AN ORDnAnCE AUTHORIZING THE CONVEY.&NCE OF A 9.64a: ACRE PARCEL WITHIN. TI-IE CITY OF KENAI NEXT.TO KEN'~ CENTRAL HIGH SCHOOL TO THE CITY..OF'KENAI AT OTHER THAN MARKET VALUE, FOR.PU'BLIC FACILITIES WHEREAS,' thc borough expccts to. r¢c¢ive'a .quitclaim deed from the Alaska Mental. Health T'mzt to ~¢ subject land ~hrough a land exchange as authorized by Ordinance 98'69; and WHE~AS, the land will be deposited into the land bank; and WHEREAS, 'the. Ci~' of Kenai has identified this as'the, most'appropriate, suiuable, area to construct a covered' multipurpos'e recreational facility for the' City of Kenai and a possible site for the Challenger Learning. Center. o f Alaska; and WltERE.AS, the City of Kenai is a local government within 'the Kenai Peninsula Borough providLng services to Borough. residents;-and WHEREAS, the land requested by.the City of Kenai should be conveyed at other than fair market value to enable the City of Kenai to better serve Borough residents; and WHEREAS, the KPB Planning Commission at its-regularly scheduled meeting .of. December 14, 1998 recommended enacmaent by unanimous consent. NOW, THEREFOr, BE IT ORDAINED BY THE ASSEMBLY OF THE KENA.I PENINSULA BOROUGH' SECTION 1. That pursuant to KPB 17.10.120 (D) the Assembly finds that conveying that portion of' the WV-.SW¼SE~A lying sou.th of the Kenai Spur Highway, R,O.W., Sec.tion 33, T6'N, RI. IW. S~.DI., Alaska tOthe City... of Kenai at other than fair market value, is in the best interest of the public and the Borough. This finding is based on the foltowing facts: The land will be used' for'.a public purpose beneficial to the general public. The city of Kenai' is.a local government within the Kenai Peninsula Borough providing services to Borough. residents. Kenai Peninsula'BOrough,' Al~ka .Ve~v..Text't(n_(/_¢dined; [DELE. TED'TEXT BRACK£T. ED] Ordinance 98-74 Page I of 3 ;]014 -. The SUbject land will provide a site.~for a covered, multipurpose recreational facility, fOr'the City °f. Kcnai and a possible site for the Challenger Ccnter:°f Alaska. SECTION' 2, The: mayor 'is authorized, pursuant to KPB 17. [O,'l, O0(I), Negotiated Sale or Lease, to negotiate the sale of that portion of'the 'WY:S'W'ASE'A lying south of the Kenai Spur Highway, R.O.W., Section 33., T6'N, R11 W, S.M., Alaska (hereafter referred to as "property.") to the City. ofKenai-subject to ..the sale conditions required by this ordinance and the applicable'.consistent provisions of KPB 17. I0. The sale price shall be $1.00. The land' shall.be conveyed by Quitclaim Deed. The authorization is for negotiation solely with the City. of Kenai, and it may not assign any rights to negotiate or enter an agreement for sale to any other person or entity.. 'l-he multi- purpose l:'acility or Challenger Leamin§ Center shall be placed on the property within three years of the date of this ordinance or the property shall be reconveyed to the borough. This ordinance is corttingem on the conveyance of the property, to the borough by the State of Alaska, Alaska Mental Health Trust pursuant to Ordinance 98'69. SECTION 3-' Exceptions to KPB 17.10.060 requiring classification before deposit in the rand bank, KPB 17.10.090, requiring classification and disposition of borough la.nd at .fair market value,, and KPB 17.10. 110, Notice of disposition, are appropriate based on the following fmclings' That' special circumstances or conditions exist, FINDING: SPecial circumstances e:dst in. that this is a.conveyance to mother government entity.,.. City of Kenai, for the purpose of' constructing public · .facilities 'benefitting. the residems of the borough: That the exception i~ necessary for the preservation and enjoyment of a substanfia~ property.., fight and is the. most practical manner'of complying with the' intent.-of .this..chapter' FINDING: ClassifiCation prior to' deposit in the land bank and sale at fair market value .as required,by KPB., 1.7..10,060 and 17.10.090. ia unnecessary as the property is-.eommitted for facilities .which will benefit all borough residents. A de=d restriction requiring: the property to be 'used' for governmental purposes will. be included in the conveyance without c. lassi~ing the parcel. The projects planned for.the property are time-critical and forgoing thc classification process ,,viii expedite development of' the involved public facilities, classifying the property during the short time the borough will own it will not serve a useful purpose. Classifying the property will not direct how'the borough..will manage or dispose of the property; .the City of Kenai ,,viii be managing.the property and the. purpose of the disposal is already kno.wn, .i.e. the establishment of public Facilities. Ordinance 98-74. Page 2 of 3 New Text. Underlined; [DELETED TEXT BRa,XCKETED] K'cnai Peninsula'Borough. Ai-~ka SENT BY:: KPB PLANNING .I 2-16-99 11'06; 9072628618 => 907 283 3014; KI:'B. '17,10,1 I0 Notice of Disposition, requires publishing notice of' the sale tbur times, in thc. 30-day period immediately preceding the date of the ~ale. This notice, requirement .is intended to make thc public aware' of the oppormni~ to purch~e borough.land and will not serve a tme'ful purpose in this situation because thc grantee and purpose for th~ conveyance arc already .identified. That the granting of the exception, will not be .detrimental to the public welfare or.injuri°m .to other property, in the area. FINDING:-Conveying the land to the City. of Kenai will not be detrimental to the public we.lfar~ or injurious to other property in ~e area. The proposed covered, multipurpose.recreatio~l facility for the City. of Ke. nai and Challenger Learning Center. of Al.~ka... are-public purposes benefitting borougP resident,. 'The 'development is compatible with adjacent school hcilities 'beCause the aew 'facilities will be used in .part for certain school- related.activities and educational enhancement and for the. use and benefix of the general public. SECTION 4. The 'land shttll be conveyed subject to a covenant in the deed restricting the use of the land to g.ovcmmcnt purpo~e~ a~'..defined-by KPB 17.10.2'50(0). SECTION 5. The mayor, is authorized .to sign any-documents .necessary'to effectuate, this ordinance. ' ' - upon reCeiptofadeed.t° the property from the:' State of Alaska Mental Health Tn.mt. SECTION-6. That this ordinance .shall take. effect..immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI.PENINSULA BOROUGH THIS 5TH DAY OF JANUARY, 1999. . - ...... Ronald Wm. Dratb. man, A~sembly Presidenl ATTEST-- #4/7 Kcn~' P~n~nsua iBor~-Ugh, Alaska [DELETED Ordinance 95-74 Page 3 or' 3