Planning & Property Management



CITY OF HOMER

HOMER, ALASKA

ORDINANCE 99-19(A)

AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF HOMER ALASKA, AUTHORIZING THE SALE TO JACK GRIFFIN OF A PARCEL OF LAND DESCRIBED BY THE KENAI PENINSULA BOROUGH AS TAX ASSESSOR NUMBER 175-160-46, BEING THAT PORTION OF LOT 77, BUNNELL'S SUBDIVISION, ACCORDING TO PLAT 44-49, HOMER RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA; LYING EAST OF LOT 1B OF REVISED PLAN OF J. SCOTT PROPERTY AND WEST OF A PORTION OF GLO 6, SECTION 19, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DEED RECORDED APRIL 18, 1972 IN BOOK 64, PAGE 85, CONTAINING .03 ACRES MORE OR LESS.

WHEREAS, following action on the 1994 foreclosure of delinquent 1993 real property tax liens, the Kenai Peninsula Borough has deeded certain property (the "Property") located within the City of Homer to the City, known as KPB Parcel No. 175-160-46 and more particularly described as:

THAT PORTION OF LOT 77, BUNNELL'S SUBDIVISION, ACCORDING TO PLAT 44-49, HOMER RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA; LYING EAST OF LOT 1B OF REVISED PLAN OF J. SCOTT PROPERTY AND WEST OF A PORTION OF GLO 6, SECTION 19, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DEED RECORDED APRIL 18, 1972 IN BOOK 64, PAGE 85

WHEREAS, City of Homer Ordinance 96-16(A) determined that the Property shall be retained for a public purpose and classified as "undesignated."

WHEREAS, the Property has been appraised by an independent appraiser to have value of $2,600; and

WHEREAS, the parcel measures 10 feet by 100 feet, with a total area of 1000 square feet, and is not suitable for development under Homer City Code 21.48.040(a), stating the minimum lot size shall be ten thousand square feet; and

WHEREAS, the City can make no practical use of the Property, it is no longer needed for a public purpose, and it is not economically beneficial for the City to advertise such a small, low value parcel; and

WHEREAS, Jack Griffin, a neighboring property owner, has requested to purchase the Property at the appraised value of $2,600.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS AND FINDS:

1.The Property does not meet City requirements for development and is of practical use only to a neighboring property owner who can use it in combination with other property.

2.There is no public purpose to be served, nor is it economically beneficial for the City to advertise the Property for public sale.

3.An offer to purchase the Property at the appraised value of $2,600 has been received from Jack Griffin, who owns property abutting the Property.

4.The Property is no longer required for public purposes.

5.Because of the unique characteristics of the Property, Homer City Code Chapter 18.12 shall not apply to this sale of the Property to Jack Griffin.

6.It is in the best interests of the City to sell the Property for the appraised value of $2,600.

7.The City hereby accepts Jack Griffin's offer to purchase the Property for $2,600, subject to the following terms and conditions:

a. The purchaser will pay all closing costs, including, without limitation, recording fees, deed preparation fees, and escrow fees.

b. Taxes and assessments, if any, will be prorated as of closing.

c. Conveyance will be by quitclaim deed. If purchaser desires title insurance, purchaser shall pay for the insurance.

8.The City Manager is authorized to execute all documents necessary to close the sale.

9.This ordinance is of a special and limited character and shall not be included in the City Code.



ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this ____ day of ___________, 1999.



CITY OF HOMER

_______________________________

Jack Cushing, Mayor



ATTEST:



___________________________

Mary L. Calhoun, City Clerk



AYES:

NOES:

ABSTAIN:

ABSENT:



First Reading:

Public Hearing:

Second Reading:

Effective Date:



Reviewed and approved as to form:



_____________________________ ___________________________

Ron Drathman Gordon J Tans

City Manager City Attorney