HomeMy WebLinkAboutResolution No. 2023-067111,
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KENAI
CITY OF KENAI
RESOLUTION NO. 2023-06
Sponsored by: Administration
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION, ON BEHALF OF
THE CITY, OF PROPERTY DESCRIBED AS LOT 4, BLOCK 8 OF THE ORIGINAL TOWNSITE OF
KENAI, KENAI, ALASKA FROM THE TRUST AGREEMENT OF THELMA M. BAGOY, FOR A PUBLIC
PURPOSE AND DETERMINING THAT THE PUBLIC INTEREST WILL NOT BE SERVED BY AN
APPRAISAL.
WHEREAS, the Land Management Plan, identifies parcels within the Townsite Historic (TSH) Zoning
District and recommends retention of these parcels for beach access, dune restoration, parks and
recreation, bluff stabilization, and/or wetlands protection; and,
WHEREAS, Candice A. Bagoy, Trustee of the Trust Agreement of Thelma M. Bagoy, has offered to
donate property in the TSH Zoning District to the City for similar use; 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 independent appraiser has appraised the property and given the Council an 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 Council of the City of Kenai finds that the public interest will not be served by an appraisal,
accepting this parcel is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to accept a donation on behalf of the City, of property
described as Lot 4, Block 8 of the Original Townsite of Kenai, Kenai, Alaska from the Trust Agreement of
Thelma M. Bagoy, for a public purpose of beach access, dune retention, park and recreation, bluff
stabilization and/or wetland protection, and determines that the public interest will not be served by an
appraisal.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15TH DAY OF FEBRUARY, 2023.
Brian Gabriel Sr., Mayor
Ze1
ST:
le ner, MC, City Clerk
New Text Underlined, [DELETED TEXT BRACKETED]
K I N A I
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: February 7, 2023
SUBJECT: Resolution No. 2023-06 — Accept Donation of Property Described as Lot 4,
Block 8 of the Original Townsite of Kenai for a Public Purpose and
Determining that the Public Interest Will not be Served by an Appraisal.
Resolution No. 2023-06 provides authority for the City Manager to accept the donation of the
property located at 606 Inlet Street (KPB ID 04707404) within the Townsite Historic (TSH) zoning
district.
In the adopted Land Management Plan, the City identified parcels within the TSH zoning district
to be retained for beach access, dune restoration, parks and recreation, bluff stabilization, and/or
wetlands protection. The acceptance of this property will add to the City's land inventory in an
area that the City seeks to protect the sensitive dunes and wetland habitat, public beach access,
and the scenic character of the TSH zoning district.
Thank you for your consideration.
Attachment
Aerial Map
Deed
KENAI
Lot 4, Block 8 of
Original Townsite of Kenai
606 Inlet Street
KPB Parcel ID: 04707404
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 125 250 500 Feet
I I 1 1 I I 1 I I
STATUTORY QUITCLAIM DEED
CANDICE A. BAGGY, Trustee of the TRUST AGREEMENT OF THELMA
M. BAGGY, dated the November 2, 2006, of 7541 Huckleberry Circle,
Anchorage, Alaska, 99502, Grantor, for and in consideration of
the sum of TEN DOLLARS ($10.00), and other valuable consideration
to Grantor in hand paid, CONVEY and QUITCLAIM an undivided one-
half interest to the CITY OF KENAI, 210 Fidalgo Street, Kenai,
Alaska, 99611, Grantee all the right, title and interest, if any,
which Grantor has in and to that certain real property situate in
the Kenai Recording District, Third Judicial District, State of
Alaska,
EXCEPTING THEREFROM all mineral rights in and to the subject
property which are hereby reserved unto the Grantor and
Grantor's heirs, executors, and assigns. This reservation
includes by its terms, oil, gas, and other minerals in the
property conveyed:
Lot 4, Block 8 of the ORIGINAL TOWNSITE OF
KENAI, according to US Survey 2970 B, Records
of the Kenai Recording District, Third Judicial
District, State of Alaska.
It is the intention of the Grantor to convey ALL of the right,
title and interest in the above -described minerals to the
beneficiaries of the TRUST AGREEMENT OF THELMA M. BAGOY, dated
November 2, 2006, namely: Rayna M. Larson of 3006 Vale Road,
Klamath Falls, Oregon, 97603; John P. Bagoy, Jr. of 115 Monroe
Street, Ryderwood, Washington, 98581; Candice A. Bagoy, 7541
Huckleberry Circle, Anchorage, Alaska, 99502.
TOGETHER WITH ALL AND SINGULAR the tenements, appurtenances
and hereditaments thereunto belonging or in anywise appertaining,
TO HAVE AND TO HOLD IN fee simple absolute forever.
DATED this day of , 2023,
GRANTOR:
Candice A. Bagoy, Trustee
Trust Agreement of Thelma
M. Bagoy, dtd 11/2/2006
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me
this day of , 2023, by CANDICE A. BAGOY,
Trustee of the Trust Agreement of Thelma M. Bagoy, dated the 2nd
day of November, 2006.
NOTARY PUBLIC in and for ALASKA
(SEAL) My Commission Expires:
After Recordation Return to:
City of Kenai
Planning & Zoning Department
210 Fidalgo Avenue
Kenai, Alaska 99611
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