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
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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
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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.
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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