HomeMy WebLinkAboutOrdinance No. 2791-2014u
Suggested by: Administration
CITY OF KENAI
NO. 2791 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING
THAT T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0003025 EAST ADDN TOWNSITE
OF KENAI - US SURVEY 3025 A & B LOTS 12, 13, 14, 15 AND 16, BLOCK 3, KENAI,
ALASKA, ALSO KNOWN AS 600, 602, 604, 606 AND 608 PENINSULA AVENUE,
KENAI, ALASKA, WHOSE LAST RECORD OWNER UNDER BOROUGH ASSESSMENT
RECORDS WAS THE FIRST BAPTIST CHURCH, 5432 E. NORTHERN LIGHTS
BOULEVARD, #416, ANCHORAGE, ALASKA, SHALL BE RETAINED BY THE CITY OF
KENAI FOR A PUBLIC PURPOSE.
WHEREAS, the City has identified five (5) parcels of property foreclosed upon by the
Kenai Peninsula Borough for unpaid real property taxes that will serve a public
purpose to the City; and,
WHEREAS, the five parcels are Lots 12 through 16, Block 3, East Addition, Townsite
of Kenai, also known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska;
and,
WHEREAS, on August 29, 2014 the City paid the outstanding balance for property
taxes in the amount of $8,175.25 of which $4,788.17 relates to Kenai Peninsula
Borough taxes and interest and the remaining $3,387.08 relates to City of Kenai taxes
and interest; and,
WHEREAS, on September 3, 2014 the Borough conveyed Lots 12 through 16, Block 3,
East Addition, Townsite of Kenai to the City by quitclaim deeds; and,
WHEREAS, the City of Kenai desires to retain the above - referenced tax- foreclosed
property for public purposes, including as a staging area to support of bluff erosion
control measures and, later, for parks and recreational purposes; and,
WHEREAS, AS 29.45.460 requires that the City determine by ordinance whether a
tax- foreclosed property shall be retained for a public purpose and shall provide the
former record owner, by certified mail, notice of the public hearing on that ordinance;
and,
WHEREAS, the last record owner of the property as the name appears on the Kenai
Peninsula Borough's assessment roll is the First Baptist Church, 5432 E. Northern
Lights Boulevard, #416, Anchorage, Alaska; and
WHEREAS, on August 21, 2014 the Clerk sent a copy of the publicized notice of the
hearing on this ordinance to the last record of the property as the name appears on
the Borough assessment rolls by certified mail; and,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2791 -2014
Page 2 of 2
WHEREAS, after passage of an ordinance declaring the City's retention of tax -
foreclosed property for a public purpose, the right of the former record owner to
repurchase the property ceases.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a non -code ordinance
Section 2. That T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0003025 EAST ADDN
TOWNSITE OF KENAI - US SURVEY 3025 A & B LOTS 12, 13, 14, 15 and 16, BLOCK
3, Kenai, Alaska, also known AS 600, 602, 604, 606 and 608 Peninsula Avenue,
Kenai, Alaska, whose last record owner as listed in the Kenai Peninsula Borough's
assessment rolls was the First Baptist Church, 5432 E. Northern Lights Boulevard,
#416, Anchorage, Alaska, are hereby retained by the City of Kenai for a public
purpose.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of
September, 2014.
ATTE
San a od gh, C(ily Clerk
r; ' / �ae �
PAT PORTER, MAYOR
Introduced:
August 20, 2014
Adopted:
September 3, 2014
Effective:
October 3, 2014
New Text Underlined; [DELETED TEXT BRACKETEDI
M
MEMO:
"VI'�lage with a Past, C# with a Futrtre"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
TO: Kenai City Council
FROM: Rick Koch, City Manager
DATE: August 14, 2014
SUBJECT: Ordinance 2791 -2014
Lots 12 through 16, Block 3, East Addition, Townsite of Kenai
Kenai
Exams]
M�N,
111111
2011
The City has identified the referenced parcels as properties the City wishes to retain for the
public purpose of a staging area to support bluff erosion control measures and, later, for
parks and recreational purposes. The Kenai City Council previously adopted Ordinance
2441 -2009, which declared these same parcels be retained for the same a public purpose
after obtaining clerks deed from the Borough, at its October 7, 2009 Council Meeting.
However, the last record owner of the property repurchased the property pursuant to AS
29.45.460.
The policies and procedures of the Kenai Peninsula Borough require that when
unredeemed property is retained for a public purpose, the city must pay the full balance of
outstanding property taxes. Once the payment is received, the borough will then quitclaim
deed the property over to the City. Once an ordinance is adopted providing for the
retention of tax - foreclosed property for a public purpose, the right of the former record
owner to repurchase the property ceases.
Lots 12 -16, ; ock 3 East Addition, - )wnsite of Kenai
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