Ordinance 14-23 Conveyance of Lots 1, 2, 3, 4 and 5, Scenic View Subdivision No. 6 to Kachemak Bay Equestrian Association Inc.

CITY OF HOMER                                                            

                                                                              HOMER, ALASKA

City Manager

                                                                              ORDINANCE 14-23

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AUTHORIZING THE CONVEYANCE OF LOTS 1, 2, 3, 4 AND 5, SCENIC VIEW SUBDIVISION NO. 6 TO KACHEMAK BAY EQUESTRIAN ASSOCIATION. INC. FOR USE AS PART OF AN EQUESTRIAN PARK, AND WAIVING THE APPRAISAL OF THE PROPERTY AND SALE OF THE PROPERTY FOR FAIR MARKET VALUE.

               WHEREAS, In 2006, Diana Conway and Judith Miller offered to donate Lots 1, 2, 3, 4 and 5, Scenic View Subdivision No. 6 (“Property”) to the City of Homer for public use and the benefit and enjoyment of the community, including without limitation an equestrian or other park, tails, playgrounds, picnic areas, or greenbelt; and

               WHEREAS, The Council accepted this offer by adopting Ordinance 06-34 on June 26, 2006 and the donors executed deeds transferring the Property to the City; and

               WHEREAS, The Council adopted Resolution 06-116 on August 28, 2006, expressing its intent to donate the Property to the Kachemak Bay Equestrian Association, Inc. (“Association”) provided the Association raised the necessary funds to build an equestrian park on the Property and adjacent property; and

               WHEREAS, The Association has presented to the City satisfactory evidence that it has acquired title to the adjacent property and has raised the necessary funds to build an equestrian park on the Property and the adjacent property; and

               WHEREAS, It is in the best interest of the City and its residents that the City convey the Property to the Association  for use as part of an equestrian park, while reserving for the use of the general public an easement for pedestrian access across the south 30 feet of Lot 1, Scenic View Subdivision No. 6; and

               WHEREAS; It also is in the best interest of the City and its residents that the City waive the requirements in HCC Chapter 18.12 for appraisal of the Property and sale of the Property for fair market value.

               NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

               Section 1.  Notwithstanding anything to the contrary in Homer City Code Chapter 18.12, the City shall convey Lots 1, 2, 3, 4 and 5, Scenic View Subdivision No. 6 to Kachemak Bay Equestrian Association, Inc., subject to the conditions that the Property shall be used exclusively for public open space, park and recreational purposes, including without limitation an equestrian park, and that the City shall reserve from the conveyance an easement for pedestrian access across the south 30 feet of Lot 1, Scenic View Subdivision No. 6.  Without limiting the generality of the foregoing, the Property may be conveyed without an appraisal and for less than fair market value.

Section 2. The City Manager hereby is authorized, empowered and directed to execute and deliver on behalf of the City a quitclaim deed to the Property in substantially the form and content attached to this ordinance as Exhibit A, but with such changes, modifications, additions and deletions therein as he considers to be necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of approval of any and all changes, modifications, additions or deletions therein from the form and content of Exhibit A, and from and after the execution and delivery of said document, the City Manager and City Clerk, and their respective designees, each hereby is authorized, empowered and directed to do all acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of said document as executed

Section 3. This is a non-Code ordinance of a permanent nature.

               ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2014.

                                                                                                         CITY OF HOMER
 

                                                                                                         ________________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

Reviewed and approved as to form.

Walt Wrede, City Manager                                                                 Thomas F. Klinkner, City Attorney

Date:                                                                                                             Date:                                                       

Fiscal Note: NA