Ordinance 15-03 Approving the Sale of the City’s Interest in Lot 6-A-1, Nils O. Svedlund Subdivision 2013 Replat to Dragonfly, LLC

CITY OF HOMER                                                              

                                                                                HOMER, ALASKA

City Manager

                                                                              ORDINANCE 15-03

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, APPROVING THE SALE OF THE CITY’S INTEREST IN LOT 6-A-1, NILS O. SVEDLUND SUBDIVISION 2013 REPLAT FOR $1,655.50 TO DRAGONFLY, LLC, AND ESTABLISHING THE TERMS OF THE SALE.

               WHEREAS, Dragonfly, LLC owns property on Pioneer Avenue described as Lot 6-A-1, Nils O. Svedlund Subdivision 2013 Replat, according to Plat No. 2013-52, Homer Recording District (“Lot 6-A-1”), which is the site of the Pioneer Building; and

               WHEREAS, Plat No. 2013-52 moved the boundary between the property owned by Dragonfly, LLC and City-owned property to the west to cause a triangular piece of that City-owned property fronting on Pioneer Avenue and having an area of 385 square feet to become part of Lot 6-A-1; and

               WHEREAS, The City joined in Plat No. 2013-52 to resolve an encroachment of the Pioneer Building into a required building setback as required for the redevelopment project for the Pioneer Building and new site plan approved by the Planning Commission through Conditional Use Permit 13-06; and

               WHEREAS, Notwithstanding the recording of Plat No. 2013-52, the City retains its ownership interest in the 385 square foot triangular area that Plat No. 2013-52 incorporated into Lot 6-A-1, and Dragonfly, LLC has requested that the City sell its interest in this property to remove a cloud on the title of Dragonfly, LLC to Lot 6-A-1; and

               WHEREAS, The property proposed for sale is not needed by the City and disposal will not impede future development by the City of the adjacent City-owned property; and

               WHEREAS, The Homer City Council approved the sale of this 385 square foot area in concept through adoption of Resolution 13-069; and

               WHEREAS, The area proposed for sale is too small to be developed and would be of no use to anyone other than Dragonfly, LLC, and therefore a public sale is not warranted and direct negotiation of the sale between the City and Dragonfly, LLC is necessary and appropriate; and

               WHEREAS; HCC 18.12.020 provides that an appraisal is not required if property does not exceed $1,000 in value in the current tax assessment records of the Kenai Peninsula Borough, and the current assessed value of the parcel to be sold is $1,655.50.

               NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

               Section 1.  Notwithstanding anything to the contrary in Homer City Code Chapter 18.12, the City Manager is authorized and directed to negotiate the sale of the City’s interest in Lot 6-A-1 to Dragonfly, LLC for a price not less than $1,655.50, and to execute the appropriate documents.

               Section 2.  The execution and delivery of Plat No. 2013-52 on behalf of the City is in all respects ratified and confirmed.

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

               ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________, 2015.

                                                                                                         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.

Marvin Yoder, City Manager                                                               Thomas F. Klinkner, City Attorney

Date:                                                                                                             Date:                                                       

Fiscal Note: NA