CITY OF HOMER

HOMER, ALASKA

City Clerk

RESOLUTION 06-74

A RESOLUTION OF THE HOMER CITY COUNCIL CLARIFYING THE INTENT OF RESOLUTION 05-93, AUTHORIZING HOMER ACCELERATED WATER AND SEWER PROGRAM DEFERRED WATER AND/OR SEWER ASSESSMENTS FOR LOTS THAT WERE SPLIT AS A RESULT OF THE CONSTRUCTION OF KACHEMAK DRIVE.

WHEREAS, Resolution 05-93 was submitted by Councilmember Novak in response to concerns of the property owners as to double assessments, so to speak, with regard to the split lots on Kachemak Drive; and

WHEREAS, The real estate community, title companies and buyers and sellers have had numerous concerns with regard to the intent of Resolution 05-93; and

WHEREAS, It is in the best interest of the City, property owners and the assessment district to clarify the intent of Resolution 05-93 and to better spell out that intent.

NOW, THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED, that the Homer City Council hereby clarifies the intent of Resolution 05-93, authorizing Homer Accelerated Water and Sewer Program deferred water and or sewer assessments for lots that were split as a result of the construction of Kachemak Drive, as follows:

1. Parcels being considered are the following:

Government Lot 2, South Portion KPB Parcel No. 179-360-0500 Phase I (In error in Resolution 05-93 this was listed as KPB Parcel No. 179-360-0200)

Government Lot 15, West of Kachemak Drive KPB Parcel No. 179-080-1300 Phase II

Government Lot 16, West of Kachemak Drive KPB Parcel No. 179-080-1900 Phase II

Government Lot 17, West of Kachemak Drive KPB Parcel No. 179-080-2100 Phase II

Government Lot 26, West of Kachemak Drive KPB Parcel No. 179-080-2700 Phase II

Government Lot 32, West of Kachemak Drive KPB Parcel No. 179-080-3900 Phase II

Government Lot 38, West of Kachemak Drive KPB Parcel No. 179-100-0400 Phase II

2. The deferred assessments for these six parcels is to alleviate undo financial hardship to the property owners of the split lots with regard to water and sewer assessments, since these originally were considered, legally, one parcel; and

3. Should construction take place on any of these parcels, that includes or requires water and/or sewer connection then the payment of the deferred assessment would be required; and

4. Should any one of these, above listed, parcels be sold separate from its associated parcel, making the above listed portion of that parcel a separate parcel in entirety; then the payment of the deferred assessment would be required (See number 5.); and

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Resolution 06-74

City of Homer

4. continued: Associated parcels are as listed below.

Government Lot 2, North of Kachemak Drive, 179-360-2400 Phase I

Government Lot 15, East of Kachemak Drive KPB Parcel No. 179-080-1400 Phase II

Government Lot 16, East of Kachemak Drive KPB Parcel No. 179-080-2000 Phase II

Government Lot 17, East of Kachemak Drive KPB Parcel No. 179-080-2200 Phase II

Government Lot 26, East of Kachemak Drive KPB Parcel No. 179-080-2800 Phase II

Government Lot 32, East of Kachemak Drive KPB Parcel No. 179-080-4000 Phase II

Government Lot 38, East of Kachemak Drive KPB Parcel No. 179-100-0500 Phase II

5. If the property owner sells the entire split lot (both sides of Kachemak Drive) then the deferred assessment status would pass on to the new owner with all the stipulations of this Resolution; and

BE IT FURTHER RESOLVED, that the attached document regarding these deferred assessments shall be recorded in the Homer Recording District; and

BE IT FURTHER RESOLVED, that these deferments shall be reflected in the Preliminary and Final Assessment Rolls.

PASSED and ADOPTED by the Homer City Council on this 26th day of June, 2006.

CITY OF HOMER

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ATTEST: JAMES C. HORNADAY, MAYOR

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MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Via Preliminary Assessment Roll: 1 parcel at 31,019.22, 6 parcels at $28,586.80. To be paid by the Homer Accelerated Water and Sewer Program.