FY2013-04 Acquisition of Real Property - Long Term Care Facility 1
2 Introduced by: Administrative Official
3 Requested by: Resource Mgmt. Officer
4 Drafted by: Resource Mgmt. Officer
Introduced on: 07/05/2012
5 Adopted on: 07/05/2012
6
7
8 KODIAK ISLAND BOROUGH
9 RESOLUTION NO. FY2013-04
10
11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING
12 ACQUISITION OF REAL PROPERTY FROM THE CITY OF KODIAK ASSOCIATED WITH
13 CONSTRUCTION OF A LONG TERM CARE FACILITY AND AUTHORIZING DISPOSAL
14 OF REAL PROPERTY TO THE CITY OF KODIAK ASSOCIATED WITH DEVELOPMENT
15 OF GRAVESITES AND ENHANCEMENT OF ACCESS INTO THE CEMETERY
16
17 WHEREAS, Kodiak Island Borough Code Section 18.10.010.H states that the Borough may
18 acquire real property or any interest therein in such a manner as the Assembly may authorize;
19 Section 18.10.010.G specifies that land or interest may be acquired through exchange,
20 implying that, in such cases, disposal of land may also be an element of acquisition; Section
21 18.10.020 (Procedure) stipulates that real property acquired under KIBC 18.10.010 shall be
22 acquired pursuant to a resolution of the assembly that may set the terms, conditions, and
23 manner of acquisition of the real property or interest therein; KIBC 18.10.030 excludes real
24 property acquired for a specific purpose or project from Planning Commission review; and
25 KIBC 18.20.100.B states that the Borough may dispose of Boroughs land to any political
26 subdivision of the State of Alaska for less than the fair market value of the interest disposed
27 of, upon a finding by the Assembly that the disposal will allow the use of the land for a public
28 purpose beneficial to the Borough, and my do so by direct negotiation with the organization
29 acquiring the land; and
30
31 WHEREAS, the Kodiak Island Borough owns property described as Lot 2A, Hospital
32 Subdivision ( "Borough Property') on which is located the Kodiak Island Hospital and Care
33 Center, and on which the Borough plans to build a new Long Term Care Facility; and
34
35 WHEREAS, the Borough leases the hospital and care center to Providence Health System
36 Alaska ( "Providence "), dba Providence Kodiak Island Medical Center, for operation; and
37
38 WHEREAS, the Community Health Goals and Objectives contained in the Borough
39 Strategic Plan specifically reference acquisition of sufficient land to support future hospital
40 growth, including future construction needs, and working "cooperatively with Providence to
41 replace the care center with a new facility that will meet the current and future needs of long -
42 term care." (Sections F.1 and F.2.a b); and
43
44 WHEREAS, the Assembly, referencing Contract No. FY2011 -33 with Architects Alaska for
45 design services and authorized tasks through the Concept Phase of planning, granted
46 approval on May 3, 2012, to amend that contract by an additional amount to proceed to final
47 construction bid documents for the Long Term Care Facility Project; and
48
49 WHEREAS, the shape of the proposed Long Term Care Facility designed by Architects
50 Alaska, combined with existing land features and topography, presents challenges for the
51 optimum siting of the facility entirely on Borough Property; and
52
Kodiak Island Borough Resolution No. FY2013 -04
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53 WHEREAS, the City of Kodiak owns property adjacent to the west of the new Long Term
54 Care Facility site on which is located the City cemetery, known as Lot 1A, Hospital
55 Subdivision ( "City Property "); and
56
57 WHEREAS, the City has an interest in acquiring a portion of Borough Property adjacent to
58 the cemetery in order to improve public access to the cemetery as well as to expand the area
59 closer to the improved street presently being utilized for gravesites; and
60
61 WHEREAS, some of the challenges for optimum siting of the new Long Term Care Facility
62 could be resolved by the Borough's acquisition from the City of a portion of City Property for
63 inclusion in the new Long Term Care Facility site; and
64
65 WHEREAS, cooperative transfers of land previously between the Borough and the City
66 have previoiusly been accomplished in the public interest; and
67
68 WHEREAS, improvements to the private road necessary to meet traffic circulation and
69 access standards of the Uniform Fire Code to serve the new Long Term Care Facility will
70 substantially improve existing access to the City cemetery and accommodate future cemetery
71 development.
72
73 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
74 BOROUGH THAT
75
76 Section 1: The Borough is authorized to acquire from the City approximately .75 acres
77 square feet of land from the easterly portion of City Property for inclusion into
78 the new Long Term Care Facility site.
79
80 Section 2: The Borough is authorized to dispose to the City property from the westerly
81 portion of Borough Property for inclusion into the City cemetery.
82
83 Section 3: The Borough Manager is authorized to execute and deliver on behalf of the
84 Kodiak Island Borough deeds to accomplish this, and, after execution and
85 delivery of that document, to do all things necessary related to execution of the
86 document to carry out and comply with the provisions of the instrument as
87 executed.
88
89 Section 4: This resolution shall be effective immediately upon adoption.
90
91 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
92 THIS FIFTH DAY OF JULY, 2012
93
94 KODIAK ISLAND BOROUGH
95
96
98 J- •me M. Selby, Borough -Ma .r
99
100 ATTEST:
101
102 `�„ �/ ,
103 V�IJ / L�
104 Nova M. Javier, MMC, :orough Clerk
Kodiak Island Borough Resolution No. FY2013 -04
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