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HomeMy WebLinkAboutORDINANCE 2136-2005SUBSTITUTE Suggested by: City Council CITY OF KENAI ORDINANCE N0.2136-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE SALE OF FOUR (4) PARCELS OF LAND TO THE CONSERVATION FUND FOR FAIR MARKET VALUE AND PLACING CERTAIN CONDITIONS ON THE SALE. WHEREAS, KMC 22.05.080 authorizes the City to sell land it owns to IRS 501(c) (3) corporations for consideration as agreed upon by the parties; and, WHEREAS, The Conservation Fund, an IRS 501(c) (3) corporation, has requested to purchase four (4) parcels of City property as shown on Attachment "A" of this ordinance; and, WHEREAS, the property is wetlands property adjoining the Kenai River that is not suitable for development and should be preserved as wetlands; and, WHEREAS, the consideration agreed to is as follows, which is fair market value as reported in the Restricted Use Appraisal Report produced by Julie Derry of Derry 8~ Associates, Inc., and dated April 22, 2005: Parcel l: X46,000 Parcel 4: ~ 8,000 Parcel 5: X27, 500 Parcel 6: ~ 1,000; and, WHEREAS, the deed of conveyance will require the property be held by The Conservation Fund or placed in anon-governmental land trust for reservation; and p WHEREAS, the deed of conveyance will stipulate the property may not be conveyed to the federal government, the State of Alaska, a political subdivision of them (except grantor), or a public or quasi-public corporation or authority established by state or federal law; and, WHEREAS, this transfer to The Conservation Fund is contingent on the pending land exchange between the City and The Conservation Fund of the city boat launch property; and, WHEREAS, these parcels are not needed for a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the parcels identified as parcels 1, 4, 5 and 6 on Attachment "A" may be sold to The Conservation Fund, an IRS 501(c) (3) corporation, as follows: Parcel 1, consisting of approximately 45.67 acres for X46,000; Parcel 4, consisting of Ordinance No. 2136-2005 Page 2 of 2 approximately 14, 63 acres for X8,000; Parcel 5, consisting of approximately 61, 37 acres for X27,500; and Parcel 6, consisting of approximately 2.04 acres for ~ 1,000. Further, that the deed of conveyance shall require the property to be held for preservation by The Conservation Fund or anon-governmental land trust and not be conveyed to federal government, the State of Alaska, or a political subdivision of the them (except grantor), or a public or quasi-public corporation or authority established by state or federal law. Further, that this transfer to The Conservation Fund is contingent on the pending land exchange between the City and the Conservation Fund of the city boat launch property. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of February, 2006. _~ ~/ PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 7, 2005 Adopted: February 1, 2006 Effective: March 1, 2006 Ordinance 2136-2005 Attachment A