HomeMy WebLinkAboutNon-CodeOrd2012-004 Sponsored by: Hunt
Introduction: May 14, 2012
err Public Hearing: May 29, 2012
Enactment: May 29, 2012
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE COMPLETION OF THE TAX
FORECLOSURE PROCESS AND OBTAINING A DEED TO RETAIN FOR
PUBLIC FLOODPLAIN CONSERVATION PROTECTION THE PROPERTY
DESCRIBED AS THE WEST 200 FEET OF SOUTH 440 FEET OF
GOVERNMENT LOT 5, WITH TAX PARCEL ID NUMBER 14509201,
LOCATED IN THE CRAWFORD SUBDIVISION, LYING EAST OF THE
SEWARD AIRPORT AND HAVING PORTIONS WITHIN THE
RESURRECTION RIVER, AND APPROPRIATING FUNDS
WHEREAS, based on the Kenai Peninsula Borough 2012 tax foreclosure list and pursuant to
AS 29.45.460 the Kenai Peninsula Borough has applied for a Clerk's Deed for the following real
property, the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID Number
14509201, located in the Crawford Subdivision; and
..
WHEREAS, the Kenai Peninsula Borough has initiated foreclosure on the property for
delinquent property taxes and notified the City of Seward of this action; and
WHEREAS, the last record owner of the property is the Estate of Martin and Donna
Kowalski and Edward Radde; and
WHEREAS, this property is located East of the Seward Airport, a portion the property is
located within the Resurrection River; and
WHEREAS, this lot contains approximately 2 acres, is located entirely within the floodplain
and has no road access; and
WHEREAS, in the 1970's the City acquired ownership of several other parcels within the
Crawford Subdivision by tax foreclosure and determined that they be held for and devoted to public
purposes and not subject to sale, repurchase or redemption; and
WHEREAS, the intent of the City is to obtain ownership of the West 200 feet of South 440
feet of Government Lot 5 through the foreclosure process by paying the delinquent taxes of $41 5.12
and retaining the land for a public purpose, namely, for floodplain conservation, and not subject to
sale, repurchase or redemption.
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CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -004
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. The City Manager and the City Attorney are authorized to take all reasonable
steps necessary to complete the foreclosure process including the payment of $415.12 delinquent
taxes and obtain a Deed for West 200 feet of South 440 feet of Government Lot 5, Tax Parcel ID
number 14509201.
Section 2. The amount of $415.12 is appropriated from the General Fund Revenues account
101- 0000.3050 to General Fund Miscellaneous account no 101 - 1180 -5790 for delinquent taxes to be
paid to the Kenai Peninsula Borough.
Section 3. The City of Seward hereby declares that the West 200 feet of South 440 feet of
Government Lot 5 shall be retained for a public purpose for floodplain conservation, and shall not be
subject to sale, repurchase or redemption.
Section 4. This non -code ordinance shall take effect immediately following its enactment.
ENACTED by the City Council of the City of Seward, Alaska this 29`" day of May, 2012.
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THE CITY OF SEWARD, ALASKA
David Seawa , Mayor
AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: so% sagas /4 •
. %' OF SE * NV I '• • •
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Johanna Kinney, p C s
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City Clerk) : �� .- .� --
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Agenda Statement
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Meeting Date: May 14, 2012 �
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To: City Council
Through: g City Manager, Jim Hunt
From: Donna Glenz, Planner
Agenda Item: Authorizing the completion of the tax foreclosure process and
obtaining a clerks' deed to retain for public floodplain conservation
protection the property described as the West 200 feet of South 440
feet of Government Lot 5, with Tax Parcel ID number 14509201,
located in the Crawford Subdivision, lying East of the Seward Airport
and having portions within the Resurrection River
BACKGROUND & JUSTIFICATION: 6I(
Attached for the City Council's review and adoption is Ordinance 2012 - f1' , authorizing the
completion of the Kenai Peninsula Borough Tax Foreclosure process on the West 200 feet of South
440 feet of Government Lot 5. This property is located in the Crawford Subdivision, East of the
Seward Airport and having a portion the property within the Resurrection River. A copy of the
ordinance was mailed to the last record owner of the property, in accordance with AS 29.45.460(c).
The Kenai Peninsula Borough has initiated foreclosure on this property for delinquent property taxes
and notified the City of Seward of this action. AS 29.45.450 declares all unredeemed property inside
the City Limits is deeded to the City subject to the payment of the unpaid taxes and foreclosure costs
against the property. The City was noticed of the tax foreclosure on the above property and now
needs to declare, by ordinance, whether the property will be retained for a public purpose. This
action is required by AS 29.45.460.
This property contains approximately 2 acres and is located entirely within the floodplain; the south
west portion of the lot is located within the Resurrection River. There is no road access to this
parcel.
In the 1970's the City acquired ownership of several other parcels within the Crawford Subdivision
by tax foreclosure and determined that they were to be held for and devoted to public purposes and
not subject to sale, repurchase or redemption.
The intent of the City is to obtain ownership of the West 200 feet of South 440 feet of Government
Lot 5 through foreclosure process by paying the delinquent taxes of $415.12 and, pursuant to AS
29.45.460, declaring this land to be retained for public purposes and not subject to sale, repurchase
or redemption. It is in the best interest of the public and the City that this property be removed from
private ownership and placed in floodplain conservation status.
CONSISTENCY CHECKLIST YES NO N/A
1. Comprehensive Plan (2020) X
3.8 Natural Hazards (page 28)
(4P1
3.8.1 Promote community safety from natural disasters through mitigation measures and
preparedness training.
3.8.1.2 Create sound public uses of potentially hazardous lands.
2. Strategic Plan (1999) X
"Promote a safe community" (page 18)
3. Seward City Code X
Title 15.25 Floodplain Management
4. Municipal Lands Management Plan X
Tax /Lien Foreclosure: (page 3)
Both Seward and Kenai Peninsula Borough Hazard Mitigation Plans support this action:
➢ Controlling development on lands subject to risks from Flooding and other natural disasters
Buyout or relocation of structures that are in highest risk
➢ In addition, important riparian, wetland and aquatic functions, such as water storage,
filtering, changes in water quality or quantity and identification of salmon spawning and
rearing habitat, should be evaluated and factored into decisions.
Properties should be identified that would be appropriate for protection because of flood
risks, and after public input, acquisition, conservation, or flood hazard protection regulations
by the government should be pursued.
FISCAL NOTE:
The City of Seward is required to pay the delinquent taxes of $415.12.
Approved by Finance Department AA.02
INTENT:
The completion of the tax foreclosure process and retaining the West 200 feet of South 440 feet of
Government Lot 5, with Tax Parcel ID number 14509201, for a public purpose in protected
floodplain conservation status.
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
May 14, 2012: Council introduce Ordinance 2012- 004 , authorizing the completion of the
tax foreclosure process of the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel
ID number 14509201, and retaining the parcel for a public purpose and not subject to sale,
repurchase or redemption.
May 29, 2012 Council adopts Ordinance 2012 -- 6 o `f