HomeMy WebLinkAboutResolution No. 2023-19KENAI
CITY OF KENAI
RESOLUTION NO. 2023-19
Sponsored by: Administration
A RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS LOTS 8
AND 9, BLOCK 19, OF THE ORIGINAL TOWNSITE OF KENAI, ACCORDING TO US SURVEY 2970B,
RECORD OF THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA,
AND DESIGNATED AS KENAI PENINSULA BOROUGH PARCEL NUMBER 04710308 FROM BILLY
MCCANN ET AL. AND GLENDA STERLING, 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 8 and 9, Block 19, ofthe Original Townsite of
Kenai, according to the US Survey 2970B, of the Kenai Recording District, Third Judicial District,
State of Alaska; and,
WHEREAS, one of the owners of the property is deceased and the City will likely need to retain outside
council to complete acquisition of the property; and,
WHEREAS, the total purchase price for the subject parcel containing approximately .3 acres with
estimated closing costs, and attorney's fees should not exceed $10,000; 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-
77.
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 8 and 9, Block 19, Original Townsite of Kenai, located within Section 5, T5N,
R11W, 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
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Resolution No. 2023-19
Page 2 of 2
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 costs including estimated closing costs, and attorney's fees not to exceed
$10,000 in accordance it the recitals above which are incorporated.
Section 3. Given the low purchase price the Council finds that the public interests will 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 15T DAY OF MARCH, 2023.
ATTEST: \
MTchelle r, M C, City Clerk
Approved by Finance
Brian Gabriel Sr., Mayor
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K E N A
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: February 22, 2023
SUBJECT: Resolution 2023-19 — Purchase of Real Property described as Lot 8 and
9, Block 19, of the Original Townsite of Kenai
The proposed Resolution authorizes the purchase of real property described as Lot 8 and 9, Block
19, of the Original Townsite of Kenai, according to US Survey 2970B, of the 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.
One of the property owners is deceased and the City will need to retain outside council to obtain
sufficient title to the property. Further complicating the purchase, the Borough assessment went
from $200 in 2021, to $1,800 in 2022- The City is working with the Borough to address this
increase. Time is of the essence in the purchase of the property to maintain the timeline for the
project.
Attached, aerial photograph identifying the subject parcel
Thank you for your consideration.
�i Resolution No. 2023-19
601 Outside Way
K E N A I KPB Parcel ID: 04710308
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601 Outside Way
Parcels
Date Printed: 2/23/2023
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NOT A LEGAL DOCUMENT
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