HomeMy WebLinkAboutResolution No. 2021-04KENAI
CITY OF KENAI
RESOLUTION NO. 2021-04
Sponsored by: Legal
A RESOLUTION OF THE CITY OF KENAI, ALASKA, ACCEPTING A QUITCLAIM DEED FROM
THE KENAI PENINSULA BOROUGH FOR THE LAND DESCRIBED AS T.6N., RA 1W. SEC. 31,
LOTS 40,41, AND 42 CONTAINING 3.75 ACRES, MORE COMMONLY KNOWN AS THE 4T"
AVENUE PARK, FOR THE PUBLIC PURPOSE OF MAINTAINING A PUBLIC PARK.
WHEREAS, the 41 Avenue Park was previously owned by the federal government which granted
the property to a home owners association, which lost the property through a tax foreclosure
process from which the City obtained ownership; and,
WHEREAS, since 1978 the City owned 4'^ Avenue Park and maintained it as a public park until
the United States Bureau of Land management in 2000, reasserted ownership of the Park based
on a reverter clause in its original patent to the home owners association, recording its decision
in 2018, and subsequently conveying the property to the State of Alaska; and,
WHEREAS, Resolution 2019-83 passed by the Council on December 18, 2019 requested the
Kenai Peninsula Borough to select the 4U Avenue park from the State through its municipal land
entitlement for the purpose of conveying the property back to the City; and,
WHEREAS, the Borough has obtained title to the 41 Avenue Park from the State and now desires
to grant the property via quitclaim deed to the City to be maintained as a Park pursuant to KPB
Ordinance 2020-04 for $1.00; and,
WHEREAS, it is in the best interest to accept conveyance of the property from the Borough for
the public purpose of continuing to maintain the property as a park; and,
WHEREAS, there is no need to obtain an appraisal, as the City is not purchasing the property for
more than a nominal sum.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council authorizes the City Manager to accept a quitclaim deed from
the Kenai Peninsula Borough for the land described as T.6N., R.11W. Sec. 31, Lots 40, 41, and
42 containing 3.75 acres, more commonly known as the 41 Avenue park, for the public purpose
of maintaining a public park open to the general public.
Section 2. That the public interest is not served by obtaining an appraisal on the subject
property because the purchase price is nominal.
Section 3. That this resolution takes effect immediately upon passage.
Resolution No. 2021-04
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 201' day of January, 2021.
ATTEST:
Jamie Heinz, CMC, City Clerk
BRIAN GABRIEL, SR., .-
oF.K.�,Hgi
KENAI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-77941907.283.7535 I www1enai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: January 14, 2021
SUBJECT: Resolution 2021-04 — Acceptance of a Deed to the 4"' Avenue Park
This Resolution approving acceptance of a deed to the 41" Avenue Park from the Kenai Peninsula
Borough is the culmination of a bureaucratic nightmare. At statehood, the property was owned by
the federal government who patented the land to a home owners association, with the caveat that
it had to be retained as a park. The homeowners association did not pay taxes on the land and
the land was foreclosed on by the Borough. The City requested the land from the Borough and
the Kenai Superior Court issued a deed to the City in 1978. Many years later the federal
government found out the Homeowners Association no longer owned the land, and made a
decision in 2000 that it once again owned the property, ignoring our State Superior Court. The
City did not appeal the federal government's decision in 2000 but continued to maintain and
operate the park as the owner until the federal government recorded its assertion of ownership in
2018. Rather than sue the federal government to quiet title, the City worked with the federal
government on a plan to get the Park back into City ownership. No, not that the federal
government would grant title to the City, instead that the feds would grant title to the state, who
would then grant title to the borough that would then grant title to the City. This would not have
been possible without the cooperation of the Borough.
Your consideration and support is appreciated.
LIVID 19-38
QUITCLAIM DEED
The GRANTOR, KENAI PENINSULA BOROUGH, ("KPB"), an Alaska municipal
corporation, whose address is 144 North Binkley Street, Soldotna, Alaska 99669, for
one dollar ($1.00) and other good and valuable consideration, receipt ofwhich is hereby
acknowledged, and pursuant to Assembly Ordinance 2020-04 conveys and quitclaims
unto the GRANTEE, CITY OF KENAI, whose address is 210 Fidalgo Avenue, Kenai,
Alaska 99611, all interest it has, if any, in the following described real property ("the
PROPERTY"):
Government Lots 40, 41 and 42 within Section 31, T6N, R11 W, Seward
Meridian, Kenai Recording District, Third Judicial District, State of Alaska
TOGETHER WITH all the improvements thereon, if any, and all rights of the Grantor to
any and all hereditaments and appurtenances hereto, and
SUBJECT TO any taxes and assessments, exceptions, reservations, restrictions, rights
of entry, conditions, covenants, easements, rights-of-way, encroachments either of
record or ascertainable by physical inspection.
FURTHER SUBJECT TO the following deed restriction:
That, pursuant to Kenai Peninsula Borough Ordinance 2020-04, this deed
requires that the PROPERTY be used as a park only and that it not be
limited to use by Kenai residents but rather shall be open to the general
public. If at any time the PROPERTY is used for purposes other than a park,
the PROPERTY shall revert to the Kenai Peninsula Borough.
Dated this day of , 2021.
Kenai Peninsula Borough, Alaska Page 1 of 3
Quitclaim Deed - KPB/ City of Kenai
KENAI PENINSULA BOROUGH
Charlie Pierce, Mayor
ATTEST:
Johni Blankenship,
Borough Clerk
STATE OF ALASKA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Sean Kelley,
Deputy Borough Attorney
NOTARY ACKNOWLEDGMENT
)ss.
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this day of
, 2021 by Charlie Pierce, Mayor of the Kenai Peninsula Borough, an
Alaska municipal corporation, for and on behalf of the corporation.
Notary Public in and for Alaska
My commission expires:
Kenai Peninsula Borough, Alaska Page 2 of 3
Quitclaim Deed - KPB/ City of Kenai
CITY OF SOLDOTNA:
Paul Ostrander, City Manager
ATTEST:
Jamie Heinz,
City Clerk
ACCEPTANCE:
NOTARY ACKNOWLEDGMENT
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of
, 2021 by Paul Ostrander, City Manager of the City of Kenai, an Alaska
municipal corporation, for and on behalf of the corporation.
Notary Public in and for Alaska
My commission expires:
Please return to: City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611
Kenai Peninsula Borough, Alaska Page 3 of 3
Quitclaim Deed - KPB/ City of Kenai
Introduced by:
Mayor
Date:
01/21/20
Hearing:
02/04/20
Action:
Enacted as Amended
Vote:
8 Yes, 0 No, 1 Absent
KENAI PENINSULA BOROUGH
ORDINANCE 2020-04
AN ORDINANCE AUTHORIZING THE MAYOR TO SELECT A PARCEL OF LAND
IN THE CITY OF KENAI THROUGH THE KENAI PENINSULA BOROUGH'S
MUNICIPAL ENTITLEMENT LAND GRANT AND AUTHORIZING THE
CONVEYANCE OF THE PARCEL TO THE CITY OF KENAI FOR A MUNICIPAL
PARK
WHEREAS, City of Kenai Resolution No. 2019-83, dated December 18, 2019, requested that
the borough select Kenai Peninsula Borough parcel #043-050-17 through the state
municipal entitlement program and convey the parcel to the City of Kenai in order
to return ownership of the parcel to the City of Kenai in an efficient and timely
manner; and
WHEREAS, the 3.75 -acre parcel #043-050-17 is legally described as Government Lots 40, 41,
and 42 within Section 31, T. 6N., R. 11 W., S.M., Kenai Recording District, Third
Judicial District, State of Alaska; and
WHEREAS, the property on which the Park sits was originally patented from the BLM to the
North Kenai Home Owners Association ("HOA") with the restriction that it could
only be used for playground purposes and could not be further conveyed without
BLM consent; and
WHEREAS, the parcel was transferred to the City of Kenai in 1978 by Clerk's Deed through tax
foreclosure by the Kenai Peninsula Borough (BK 126, PG 786-788, Kenai
Recording District); and
WHEREAS, subsequent to the City of Kenai receiving the parcel through Clerk's Deed, the
United States Bureau of Land Management re -asserted ownership of the parcel
through a reversionary provision of the original patent to North Kenai Home
Owners Association, Inc.; and
WHEREAS, the State of Alaska, pursuant to Section 6(b) of the Alaska Statehood Act of July 7,
1958, Pub. L. 85-508,72 Stat. 339, as amended, selected the lands and subsequently
received patent to the lands (#50-2019-0040) on January 25, 2019; and
WHEREAS, the City of Kenai currently maintains the 4a' Avenue Park on the property and has
done so since the 1970s; and
Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TExT BRACKETED] Ordinance 2020-04
Page 1 of 3
WHEREAS, within the 2016 Imagine Kenai 2030 Comprehensive Plan, Object 2 of Goal 6 is to
maintain existing recreational opportunities and plan for new parks and recreation
improvements; and
WHEREAS, the 4a' Avenue Park is included within the City of Kenai's inventory of parks and
recreational areas, including on the city's website and within the 2016 Imagine
Kenai 2030 Comprehensive Plan, with the listed amenities of a playground,
basketball court, shelter, barbecue grill, and baseball field; and
WHEREAS, acquisition of parcel #043-050-17 by the borough and conveyance to the City of
Kenai would further Goal 6, Objective 2 of the 2016 Imagine Kenai 2030
Comprehensive Plan; and
WHEREAS, the Kenai Peninsula Borough (KPB) is entitled to select 155,780 acres of land under
AS 29.65.010 municipal general land grant entitlement; and
WHEREAS, the KPB, as of this date, has a remaining entitlement of approximately 13,000 acres;
and
WHEREAS, the 3.75 -acre parcel #043-050-17 has an assessed value of $56,000; and
WHEREAS, the Kenai Peninsula Borough Planning Commission held a public hearing on
January 27, 2020 and recommended approval by unanimous consent;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That the mayor is authorized to submit an application pursuant to AS 29.65.010 to
the State of Alaska Department of Natural Resources for parcel #043-050-17,
legally described as Government Lots 40, 41, and 42 within Section 31, T. 6N., R.
11 W., S.M., Kenai Recording District, Third Judicial District, State of Alaska.
SECTION 2. That pursuant to KPB 17.10.120(D) the Assembly finds that conveying the above-
described property at less than fair market value to the City of Kenai for continued
use as a park is in the best interest of the borough.
This finding is based on the following facts:
a. The conveyance will benefit borough residents by allowing the continuation of
a municipal park within the City of Kenai that will be available to both city and
non -city residents.
b. The City of Kenai will be responsible for the costs of maintenance and operation
of the park for the benefit of the city and other borough residents.
Ordinance 2020-04 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska
Page 2 of 3
c. Charging fair market value for this property would preclude the use of such
funds for the maintenance and operation of the park.
d. The offer to convey the above-described property must be accepted within 60
days after enactment of this ordinance.
SECTION 3. The mayor is authorized, pursuant to KPB 17.10.100(D), (E), and (1) to convey
property to the City of Kenai as described in Section 1 above for the sum of $1.
Borough land shall be conveyed to the City of Kenai by Quitclaim Deed. The City
of Kenai shall be responsible for title insurance and any other closing costs.
SECTION 4. There shall be a restriction placed on the deed to the City of Kenai. The deed
restriction shall require that the parcel be used as a park only and that it not be
limited to use by Kenai residents but rather shall be open to the general public. If
at any time the parcel is used for purposes other than a park, the parcel shall revert
to the borough.
SECTION 5. This ordinance shall become effective immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 4TH
DAY OF FEBRUARY, 2020. /
i
Kelly Cooper,Assembly President
ATTEST:
Blankenship, MMC, Borough C rk
Yes: Bjorkman, Blakeley, Carpenter, Cox, Hibbert, Johnson, Smalley, Cooper
No: None
Absent: Dunne
Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-04
Page 3 of 3
A 2020-011015-0
5 Recording District 302 Kenai
A 11/09/202011:43 AM Page 1 of 3
State of �klr qka
pix#ext#
No. 2485.6
ADL No. 233601
Know Ye By These Presents that the Grantor, the STATE OF ALASKA, DEPARTMENT OF NATURAL
RESOURCES, 550 West 7th Avenue, Suite 1050A, Anchorage, Alaska 99501-3579, pursuant to AS
29.65.010 -.140, and the regulations promulgated thereunder, the Final Finding and Decision dated July
7, 2020, for good and valuable consideration, grants and conveys to the Grantee, KENAI PENINSULA
'BOROUGH,'whose mailing address of record is 144 N Binkley Street, Soldotna, Alaska 99669, Grantee's
successors and assigns, all that real property described as follows:
- -TOWNSHIP 6 NORTH RANGE 11 WEST SEWARD MERIDIAN ALASKA
SECTION 31: LOTS 40,41 AND 42.
ACCORDING TO THE SURVEY MAP APPROVED BY THE U.S. SURVEYOR
GENERAL'S OFFICE IN JUNEAU, ALASKA JUNE 9, 1922, AND THE PLAT OF
DEPENDENT RESURVEY AND SUBDIVISION OF SECTION 31, ACCEPTED BY THE
UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT
IN WASHINGTON, D.C. ON DECEMBER 1, 1953.
AGGREGATING 3.75 ACRES, MORE OR LESS.
Situated in the Kenai Recording District.
Net chargeable acreage under as as 29.65 is 3.75 acres, more or less.
State business no charge Page 1 of 3
Subject To:
1. Lot 42 is subject to an easement fifty (50) feet in width along the surveyed section line in common
with Section 31 and Section 32, Township 6 North, Range 11 West, Seward Meridian, for use as a
public highway and for public utilities as established by AS 19.10.010.
2. ADL 391094, an Oil and Gas Lease, as now or hereafter amended, including by an applicable unit
agreement
3. Valid existing rights, including reservations, easements, and exceptions in the U.S. Patent, or other
state or federal conveyance, and in acts authorizing the issue thereof: easements, rights-of-way,
covenants, conditions, reservations, notes on the plat, and restrictions of record, if any.
The Grantor hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, its
lessees, successors, and assigns forever, all oils, gases, coal, ores, minerals, fissionable materials,
geothermal resources, and fossils of every name, kind or description, and which may be in or upon said
lands above described, or any part thereof, and the right to explore the same for such oils, gases, coal,
ores, minerals, fissionable materials, geothermal resources, and fossils, and it also hereby expressly
saves and reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns
forever, the right to enter by itself, its or their agents, attorneys, and servants upon said lands, or any part
or parts thereof, at any and all times for the purpose of opening, developing, drilling, and working mines
or wells on these or other lands and taking out and removing therefrom all such oils, gases, coal, ores,
minerals, fissionable materials, geothermal resources, and fossils, and to that end it further expressly
reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, the right
by its or their agents, servants and attorneys at any and all times to erect, construct, maintain, and use all
such buildings, machinery, roads, pipelines, powerlines, and railroads, sink such shafts, drill such wells,
remove such soil, and to remain on said lands or any part thereof for the foregoing purposes and to
occupy as much of said lands as may be necessary or convenient for such purposes hereby expressly
reserving to itself, its lessees, successors, and assigns, as aforesaid, generally all rights and power in, to,
and over said land, whether herein expressed or not, reasonably necessary or convenient to render
beneficial and efficient the complete enjoyment of the property and rights hereby expressly reserved.
To Have And To Hold the said land, together with the tenements, hereditaments, and appurtenances
thereunto appertaining, unto the said Grantee and Grantee's successors and assigns forever.
[Signature page to follow]
Patent No. 24856
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Pape 2 013
2020-011015-0
In Testimony Whereof the State of Alaska has caused these presents to be executed by the Chief of the
Realty Services Section, Division of Mining, Land and Water, Department of Natural Resources, State of
Alaska, pursuant to delegated authority, this 5th day of November, 2020.
State of Alaska )
) ss.
Third Judicial District )
L�
Adrienne K. ttQfpe
Chief, Realty Services Section
Division of Mining, Land and Water
Department of Natural Resources
This is to certify that on the 5th day of November, 2020, personally appeared before me ADRIENNE K.
STOLPE, who is known to me to be the person who has been lawfully delegated the authority of the
Director of the Division of Mining, Land and Water, Department of Natural Resources, State of Alaska, to
execute the foregoing document under such legal authority and with knowledge of its contents, and who
acknowledged said document before me on behalf of Grantor.
Witness my hand and official seal the day and year in this certificate first above written.
Return to:
Kenai Peninsula Borough
144 N Binkley Street
Soldotna. Alaska 99669
Patent No. 24856
ADL No. 233601
Location Index.
T. 6 N., R. 11 W., S.M.
Section 31
Notary Public in and for the State of Alaska
My commission expires with office
State ofAlaska
NOTARY PUBLIC
Lyndsey Pritchett
*001,11"M
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2020-011015-0