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HomeMy WebLinkAboutResolution No. 2005-33 SUBSTITUTE Suggested by: Administration CITY OF KENAI RESOLUTION NO. :2005-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING INTENT TO DONATE UP TO 30 ACRES OF A 77-ACRE PARCEL NEAR MOMMSEN SUBDIVISION TO THE SENIOR CONNECTION OF KENAI UPON CERTAIN CONDITIONS. WHEREAS, the City of Kenai is the owner of a 77-acre tract of land near Mommsen Subdivision, which address is 2300 Redoubt Avenue, and is described as KN T06N R12W S25, that portion of the SE ¥4 lying east of Mommsen Subdivision, Addition No. 2, Borough parcel number 039-010-18, which the City acquired by foreclosure for overdue taxes and water and sewer assessments; and, WHEREAS, the City of Kenai may by ordinance retain that property for a public purpose upon payment of the amounts owing for property taxes, and water and sewer assessments; and, WHEREAS, KMC 22.05.080 allows donation of real property to IRS Section 501(c)(3) non-profit corporations for an agreed-upon consideration if the donation is advantageous to the City; and, WHEREAS, to ensure the property is used for the intended purposes, the deed will provide that the property will revert to the City of Kenai if it is used for other than non- profit senior assisted-living facilities or if the assisted living portion of the project and a master plan for development of an independent senior housing project are not substantially completed within three years of the date of conveyance; and, WHEREAS, the Senior Connection is a qualified IRS Section 501(c)(3) non-profit corporation that is planning to build a non-profit, assisted-living and independent senior housing complex in the City of Kenai; and, WHEREAS, there is a need for assisted-living and independent senior housing in the City of Kenai; and, WHEREAS, the Senior Connection should pay a pro-rata share of the amounts owing for property taxes, water and sewer assessments, and surveying and re-platting costs so those costs are not borne by the Kenai taxpayers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai intends to donate up to 30 acres of the 77-acre parcel near Mommsen Subdivision owned by the City to the Senior Connection for use as a non-profit assisted-living and independent senior housing complex upon satisfactory arrangements to pay a pro-rata share of the costs of surveying and re-platting, Resolution No. 2005-33 Page 2 of 2 property taxes, and water and sewer assessments owing. To ensure the property is used for the intended purposes, the deed will provide that the property will revert to the City of Kenai if it is used for other than non-profit senior assisted-living facilities or if the assisted living portion of the project and a master plan for development of an independent senior housing project are not substantially completed within three years of the date of conveyance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2005. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR