HomeMy WebLinkAboutResolution No. 2022-75Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-75
A RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS LOT 7,
BLOCK 19, ORIGINAL TOWNSITE OF KENAI, LOCATED WITHIN SECTION 5, TSN, R22W, SEWARD
MERIDIAN, AND DESIGNATED AS KENAI PENINSULA BOROUGH PARCEL NUMBER 04710307
FROM JULIAN ERREA ET AL. AND DAN HILDERBRAND, FOR THE PUBLIC PURPOSE OF
INCLUDING THE PROPERTY IN THE BLUFF EROSION RESTORATION PROJECT AND
DETERMINING THAT THE PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL.
WHEREAS, the subject real property is described as: Lot 7, Block 19, Original Townsite of Kenai, located
within Section 5, TSN, R22W, Seward Meridian, Kenai Recording District, Third Judicial District, State of
Alaska; and,
WHEREAS, the total purchase price for the subject parcel containing approximately .06 acres is $1,200
plus estimated closing costs of $1,200; and,
WHEREAS, pursuant to Kenai Municipal Code 22.05.135(a) the City may acquire property needed for a
public use on such terms and conditions as the Council shall determine; however, no purchase shall be
made until a qualified appraiser has appraised the property and given the council an independent opinion
as to the full and true value thereof unless the Council, upon resolution so finding, determines that the
public interest will not be served by an appraisal; and,
WHEREAS, the City Council has authorized the City Manager to enter into negotiations with property
owners whose parcels have been identified by the Department of Army, Corps of Engineers as being
needed for the construction of erosion -control structures or to provide permanent access to support the
bluff stabilization project; and,
WHEREAS, the Lower Kenai River has eroded the Kenai River Bluff through the Original Town Site of
Kenai at an estimated rate of three feet per year, causing the loss of public and private infrastructure,
buildings, and lands; and,
WHEREAS, the subject parcel will be included in the project to stabilize the erosion of the bluff at the
mouth of the Kenai River; and,
WHEREAS, funds are available for the subject parcel purchase through Legislative Grant 12-DC-377.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council hereby authorizes the City Manager to purchase the real
property known as Lot 7, Block 19, Original Townsite of Kenai, located within Section 5, TSN, R22W,
Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska.
Section 2. That the Kenai City Council further finds the acquisition of the subject parcel to be in the
best interests of the citizens of the City of Kenai and that the public interest shall be served by its
acquisition for the total purchase price of $1,200 plus estimated closing costs of $1,200, in accordance it
the recitals above which are incorporated.
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Resolution No. 2022-75
Page 2 of 2
Section 3. Given the low purchase price the Council finds that the public interests wail) not be served
by an appraisal.
Section 4. That this Resolution takes effect immediately upon passage,
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 16 th DAY OF NOVEMBER, 2022.
ATTEST-
C, C�� Michelle'A�.,an MMC, City Clerk
Approved by Finance:
17
Brian Gabriel Sr., Mayor
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ElaMEMEN
.enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www 6nakity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: March 31, 2022
SUBJECT: Resolution 2022-75
The proposed Resolution authorized the purchase of real property described as Lot 7, Block 19,
Original Townsite of Kenai, located within Section 5, T5N, R22W, Seward Meridian, Kenai
Recording District, Third Judicial District, State of Alaska.
The subject parcel is located along the Kenai River bluff. The subject parcel has been identified
by the Department of Army, Corps of Engineers as being needed for the construction of erosion -
control structures or to provide permanent access to support the bluff stabilization project.
The agreed upon purchase price as negotiated with Julian Errea Et. Al. and Dan Hilderbrand as
authorized by the City Council is $1,200 plus estimated closing costs of $1,200. The property is
assessed at $200, however negotiations with the parties have resulted in a $1,200 purchase price.
Administration recommends proceeding with the purchase. Negotiations have spanned almost
the entire year, and the matter is complicated because Julian Errea, the owner according to
Borough parcel records is deceased along with his wife. The estate passed out of probate in
California. Julian Erreas three remaining children will sign the deed. All mutual parties are elderly
and the City will have to pay notaries to go to the four sellers' residences for deed execution
creating a higher closing cost. Title will not be insured, but administration has coordinated the
purchase with the Army Corps of Engineers, to ensure acquisition of sufficient property interest.
It is anticipated the City will be adequately credited, for this and other property purchases by the
Army Corps of Engineers.
Attached, please find an aerial photograph identifying the subject parcel.
Thank you for your consideration.
KP13 Parcel No: 04710307
*; Dan »
r, Acres
Land Value: $200
Improvement Value: 11
Assessed
00
Legal: Lot 7 Block 19 Original Townsite of Kenai
Zoning: Central Commercial
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1:4,800 0 60 120 240
Feet