HomeMy WebLinkAboutResolution No. 2008-26CITY OF KENAY
RESOLUTION NO. 2008-26
Suggested by: City Manager
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE PURCHASE OF 12.5 ACRES OF PROPERTY DESCRIBED AS TRACT A1, BIRCH
FIELDS SUBDIVISION, KENAI WELL ADDITION, THIRD RECORDING DISTRICT,
KENAI, ALASKA FROM THE KENAI PENINSULA BOROUGH, FOR $1.00, FOR A WELL
SITE AND OTHER PUBLIC FACILITIES.
WHEREAS, KMC 22.05.135 states that the City may purchase real property after
authorization by the City Council; and,
WHEREAS, the property described above is the site of Well House No. 3; and,
WHEREAS, the Kenai Peninsula Borough leased the property to City of Kenai, for a
50-year term ending in the year 2046, at an annual rent of $1.00; and,
WHEREAS, the Kenai Peninsula Borough has agreed to sell the property to the City of
Kenai for $L00; and,
WHEREAS, KMC 22.05.135(a) states the following:
The city, by authorization of the city council, expressed in a resolution for such
purpose, may lease, purchase or acquire an interest in real property needed for
a public use on such terms and conditions as the council shall determine, but
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; and
WHEREAS, the market value ($117,000) was reported in the Restricted Use Appraisal
Report produced by Julie A. Derry of Derry 8v Associates, and dated February 2, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Council of the City of Kenai authorized the City of Kenai to
purchase for $1.00 the property described as Tract A1, Birch Fields Subdivision,
Kenai Well Addition, Third Recording District, Kenai, Alaska, for a well site and other
public utilities.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May,
2008.
ATTEST: j`~,,
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Carol L. Freas, City Clerk
Approved by Finance: '-
(5/12/08) kh
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PAT PORTER, MAYOR
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BCaF2Caa1GH NiAYO~i
October 15, 2007
Mr. Rick Koch
City of Kenai
210 Fidalgo Ave
Kenai, AK 99611
RE: Notice of Patent Receipt- Purchase Option under Lease KPBL#96-1001-00
Dear Mr. Koch:
The Kenai Peninsula Borough as Lessor under that certain lease recorded in Book 497,
Page 938, Kenai Recording District hereby provides notice to the City of Kenai, Lessee
under said lease, that patent title to the leased property has now been received by the
Kenai Peninsula Borough, recorded as Serial #2007-011068-0 Kenai Recording District.
Per the lease, an option to purchase the leased property commences as of the date of
this notice. Said option, should it not be exercised by the City of Kenai, terminates one
year from the date of this notice.
To exercise this option in accordance with Section 3 of the lease, the City of Kenai must
deliver written notice of exercise to the Kenai Peninsula Borough.
Please find enclosed a copy of the lease and KPB Ordinance 96-32, which contain the
terms and conditions of the City of Kenai's option to purchase. If you have any
questions, please contact Marcus Mueller, Land Management Officer at 714.2204.
Si
'John illiams
K ai Peninsula Borough Mayor
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Invodu~ul by: Mapor aY the eegaest of
[he City of K¢nai
Date: 7/OA/96
Heaaing: 8/D6/96
Action: E,naGtOd
`!OLC: tinafli[[tOt14
Nr1I PE STTi.A BOItOiJGII
O INANCE 96-32
12EAS, the Borough laud, coutainang approximately IZ.50 acres, proposed for conveyance
to the City of Kenai for a Well site and other public facilities has been classified
C~ovcrnnaent; and
'WlFIEREAS, the Ciry of Kenai is a local government within the Kenai Peninsula Borough
providing services to Borough residents; and
'WI€EI2EAS, the land requested by nc~ City of Kenai should be conveyed at other than fair market
valve to enable the City of Kenai to better serge Borough residents;
1\yy®5ip,TYyV~,,~[~Ty {CyI S~pRpS~f`q~g t\yiy9~V g$YyL` 8A 69 gO DE 113E' e`35 YL' LY ®Y d11'el®F%+
PL' 1~ A/9 ~3V LL2 ld®L®®V l$ZAe
SECTION 1. The mayor is authorized to deposit into the land bank the pazcel generally described
as the S'/=SWt/.NW'/+ 5~fion 36, T6N, Rl 1VJ, S.M., .Alaska excepting Beaver Creek
Alaska Subdivision and the Kenai Spur Highway right-of--way.
SECTION 2. The assembly finds that leasing this land to the City of Kenai, with an option to
purchase, is uz the best iuteresu of the public and the Borough. This finding is based
on:
a. The City of Kenai is a local government within the Kenai Peninsulaa Borough
providing services to Borough resid>;[tts.
b. The land classified government will be used for a well site and fire station,
W1nCh arC C55Entlal SeIV1GCJ.
SECTION 3. Based on the foregoing the mayor is hereby authorized, pursuant to KPB Code of
Kcuai Peninsula liorough, nlaska Oedinanee 9632
Page E of 2
Ordinances 17.10.100(1}, to ncgotlate and eater into a lease, with as option to
purchase the fee estate which will be conveyed by quit claim deed, ttae above
described parcel at other than fair mazket value with the City of Kenai, with the
additional condition that the sale agreement provide that the property be wed solely
for gavcrrramental purposes.
SECTI®~ 4. The negoriared lease shall contain the provision that the lease payment shall be O~IE
DOLLAR ($1.00) per year. The option to purchase shall set the sale price at OIVE
DOLLAR ($1.00) and shall be exercisable within one year of delivery of notice to
rho City of Kenai that the bomugh has reccivcci patent to the land described in
Section 1.
SECT'I®N Se Pursuant to KPR 1.7.10.230 the assembly authorizes an exception to KPI3
17.10.130(D) which requires the conveyance instrument to contain restrictions that
confine the use of the land to the classification and prohibit use of the laud for any
other purpose. This exception is based on:
a) The fact that the City of Kenai has existing toning regulations is a special
oircumstancc that justifies this czccption.
b) This exception is necessary to facilitate the City of Kenai's management of
the property.
c) Granting this exception will not be detrimental to the public welfare or
injurious to other property in the area.
SECTIOilT 6. This ordinance shall take effect immediately upon enactment
ATTEST:
Gaye J. Va ghan, Borough Clerk
Oratnance 9wsz Kenai Peninsula Borough. Alaska
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