Administration CITY OF KENAI RESOLUTION NO. 2017 - 65 A
Sponsored by: Administration
CITY OF KENAI RESOLUTION NO. 2017 - 65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS A PORTION OF GOVERNMENT LOT 7, SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, AND DESIGNATED AS KENAI PENINSULA PARCEL NUMBER 047-119-03, FROM DOROTHY M. COOPER, FOR THE PUBLIC PURPOSE OF INCLUDING THE PROPERTY IN THE BLUFF EROSION RESTORATION PROJECT AND DETERMINING THAT PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS , the subject real property is described as: A Portion of Government Lot 7, Beginning at the Southwest Corner of Lot 7, Block 6 East Addition to the Original Townsite Of Kenai, Thence North 89°53'20" East a Distance Of 100.23 Feet to the Corner of Lots 5 and 6, Block 6 of the East Addition of the Townsite of Kenai , Thence South 5°33'15" East for 131 .55 Feet, Thence South 65°06' West for 105.98 Feet, Thence North 5°33'15" West for 176.2 Feet to the Point of the Beginning, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, the total purchase price for the subject parcel containing approximately .35 acres is $5,600, plus estimated closing costs of $510; and, WHEREAS , pursuant to Kenai Municipal Code 22.05.135(a) the City may acquire property needed for a public use on such terms and conditions as the Council shall determine; however, no purchase shall be made until a qualified appraiser has appraised the property and given the Council and independent opinion as to the full and true value thereof unless the Council, upon resolution so finding, determines that the public interest will not be served by an appraisal; and, WHEREAS, the City Council has authorized the City Manager to enter into negotiations with property owners who's parcels have been identified by the Department of the Army, Corps of Engineers as being needed for the construction of erosion-control structures or to provide permanent access to support the bluff stabilization project; and, WHEREAS , the Lower Kenai River has eroded the Kenai River Bluff through the Original Town Site of Kenai at an estimated rate of three feet per year, causing the loss of public and private infrastructure, buildings, and lands; and, WHEREAS , the subject parcel will be included in the project to stabilize the erosion of the bluff at the mouth of Kenai River; and, WHEREAS , funds are available for the subject parcel purchase through Legislative Grant 12-DC377. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1.
That the Kenai City Council hereby authorizes the City Manager to purchase the real property known as a portion of Government Lot 7, Beginning at the Southwest Corner of Lot 7, Block 6 East Addition to the Original Townsite Of Kenai , Thence North 89°53'20" East a Distance Of 100.23 Feet to the Corner of Lots 5 and 6, Block 6 of the East Addition of the Townsite of Kenai, Thence South 5°33'15" East for 131 .55 Feet, Thence South 65°06' West for 105.98 Feet, Thence North 5°33'15"
Resolution No. 2017-65 Page 2 of 2 West for 176.2 Feet to the Point of the Beginning, located within Section 5, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska for the total purchase price of $5,600 plus estimated closing costs of $510, on a form approved by the City Attorney, to be retained by the City for public use. Section 2.
That the Kenai City Council further finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition for the total purchase price of $5,600 plus estimated closing costs of $510, in accordance with the recitals above which are incorporated herein.
Section 3. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
19th
day of October, 2017.
BRIAN GABRIEL SR., MAYOR ATTEST:
Jamie Heinz, City Clerk
Approved by
Finance:~
EARNEST MONEY RECEIPT AND AGREEMENT Received from City of Kenai hereinafter called PURCHASER, the sum of$0.00, in the form ofa check payable to Professional Escrow Services, Inc., in trust for Dorothy Coover hereinafter called SELLER, as Earnest Money on rJ{A (date), in part payment of the purchase price of the following described real property: Legal Description: PTN GL 7 BEGIN @ SW CORNER LT 7 BLK 6 EAST ADON TH N 89 DEG 53'20"E 100.23 FT TH S 5 DEG 33'15"E 131.55 FT TH S65 DEG 6'W 1 05.98 FT TH N 5 DEG 33'15''W 176.2 FT TO POB, Section 5,
TSN, Rl l W, Seward Meridian (KPB Parcel No. 04711903) in the Kenai Recording District, Third Judicial District, State of Alaska. The total purchase price is $5,600.00, payable as follows: $ igjbalance due at closing
OR
earnest money
OBank loan with
OR
D Owner Finance $_payable at $_or more per _ _. Including/Plus interest at _ _%. Interest accrues from _ _ . First payment due_. Amortized years--·
ODue on Sale Clause
Late fee of$ _ _ for _past due.
OFull Coverage Insurance Required. Collect at _
_ . Other terms: _ _.
THE CLOSING COSTS are to be paid between Seller and Purchaser as follows: Indicate: (S) = Seller; (P) = Purchaser; (50/50) = Split equally between Seller and Purchaser
_P_Owners Title insurance
Lenders Insurance f Escrow Settlement/Closing Fee f Recording Fee _Escrow Set Up Fee Escrow Annual Fee _Attorney Doc Prep Fees _Delinquent Property Taxes _ _ Pending/Levied Assessments _ _ Clear Existing Liens _As-Built Survey Fee _Appraisal _ _ Final Inspection on Appraisal Other Costs_ _
_ _ Origination Fee _Commitment Fee Discount Points _ _ Tax Registration Fee _Flood Certification _Credit Report _ _ Document Preparation Fee MIP/PMI
_ V.A. Funding Fee _ _ Establish/Replace Reserves on New Loan _ _ Interest to Closing Date New Loan _ _ Well/Septic Testing (if required by lender) _ _ Home Inspection Fee Smoke Detectors
WARNING: IT IS PURCHASER'S AND SELLER'S RESPONSIBILITY TO SEEK AND CONSULT WITH OWN INDEPENDENT LEGAL ADVISOR, TAX ADVISOR, BUILDING & SOIL INSPECTOR, LAND SURVEYOR, WATER & SEWER ENGINEER, OR OTHER APPROPRIATE ADVISOR FOR THIS TRANSACTION AND AT THE SOLE COST TO THE PARTY REQUESTING SUCH SERVICE(S) UNLESS OTHERWISE STATED ABOVE. SUCH SERVICE OR DILIGENT INQUIRY SHALL BE COMPLETED WITHIN 10 DAYS OF SELLER'S SIGNATURE HEREON OR ANY OTHER TIME FRAME AND MUTUALLY AGREED TO IN WRITING BETWEEN SELLER AND PURCHASER.
Purchase and Sales Agreement City of Kenai and Dorothy Cooper Kenai Peninsula Borough Parcel Number: 04711903 1.
The title is to vest and read: City of Kenai (ohusband and wife, o married, O unmarried,)
2.
Seller agrees to furnish and deliver to Purchaser as soon as procurable a purchaser's policy of title insurance to be issued by Title Company. If the title cannot be made clear as aforesaid within l2, days from the issuance of a preliminary title report, Purchaser may cancel this agreement and Seller must refund the earnest money. It is also agreed that the Purchaser may waive defects or require the price to be renegotiated to cover any defects or encumbrances at the Purchaser's sole discretion without loss of the earnest money refund.
3.
If title is made good on or before closing and the Purchaser neglects or refuses to complete the purchase, the earnest money may, at Seller's sole option, be forfeited as liquidated damages, which shall not preclude any other remedy available at law or in equity, if any.
4.
The property shall be conveyed by WARRANTY DEED free of encumbrances except for rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations and provisions shall not be deemed defects nor encumbrances. Any defects or encumbrances may be discharged at closing out of the purchase money. Warranty Deed shall contain a reservation by Grantor of all oil, gas and mineral rights.
5.
Taxes for the current year, rents, interest, mortgage reserves, will be prorated as of the date of closing.
6.
Possession will occur on recording.
7.
Purchaser offers to purchase the property on the terms noted in its present condition and this agreement is issued subject to: a. Subject to approval of the Council of the City of Kenai
b.
c. d. e. 8.
The sale shall be closed in the offices of Professional Escrow Services on or before 30Days after approval of the Resolution or Ordinance approving the purchase by the Council of the City of Kenai. "Closed" shall mean the day the deed of contact is recorded and funds are to be disbursed.
9. Purchaser and the Seller will, on demand of either, deposit in escrow with the closing
agent all instruments and monies necessary to complete the purchase.
lo. There are no verbal or other agreements which modify or affect this agreement. Time is of the essence of this agreement.
2
Purchase and Sales Agreement
City of Kenai and Dorothy Cooper Kenai Peninsula Borough Parcel Number: 04711903 WHEREFORE the Seller and purchaser being in accord do bind themselves hereto by their signatures hereunder: PURCHASER:
SELLER:
f - - - - - - - - - - - - - - D a t e:_ __
D{;
(sign name)
City of Kenai, Paul Ostrander, City Manager
Dorothy Cooper
(print name)
(print name)
Telephone: (907) 283-8222
Fax:
Telephone:
----------~
Fax:
email: [email protected]
email:
e> o 7 -- 3~ 2-
-(;,4 '3.
------...,.----! ..
CITY OF KENAI RESOLUTION NO. 2017 - 65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS A PORTION OF GOVERNMENT LOT 7, SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, AND DESIGNATED AS KENAI PENINSULA PARCEL NUMBER 047-119-03, FROM DOROTHY M. COOPER, FOR THE PUBLIC PURPOSE OF INCLUDING THE PROPERTY IN THE BLUFF EROSION RESTORATION PROJECT AND DETERMINING THAT PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS , the subject real property is described as: A Portion of Government Lot 7, Beginning at the Southwest Corner of Lot 7, Block 6 East Addition to the Original Townsite Of Kenai, Thence North 89°53'20" East a Distance Of 100.23 Feet to the Corner of Lots 5 and 6, Block 6 of the East Addition of the Townsite of Kenai , Thence South 5°33'15" East for 131 .55 Feet, Thence South 65°06' West for 105.98 Feet, Thence North 5°33'15" West for 176.2 Feet to the Point of the Beginning, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, the total purchase price for the subject parcel containing approximately .35 acres is $5,600, plus estimated closing costs of $510; and, WHEREAS , pursuant to Kenai Municipal Code 22.05.135(a) the City may acquire property needed for a public use on such terms and conditions as the Council shall determine; however, no purchase shall be made until a qualified appraiser has appraised the property and given the Council and independent opinion as to the full and true value thereof unless the Council, upon resolution so finding, determines that the public interest will not be served by an appraisal; and, WHEREAS, the City Council has authorized the City Manager to enter into negotiations with property owners who's parcels have been identified by the Department of the Army, Corps of Engineers as being needed for the construction of erosion-control structures or to provide permanent access to support the bluff stabilization project; and, WHEREAS , the Lower Kenai River has eroded the Kenai River Bluff through the Original Town Site of Kenai at an estimated rate of three feet per year, causing the loss of public and private infrastructure, buildings, and lands; and, WHEREAS , the subject parcel will be included in the project to stabilize the erosion of the bluff at the mouth of Kenai River; and, WHEREAS , funds are available for the subject parcel purchase through Legislative Grant 12-DC377. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1.
That the Kenai City Council hereby authorizes the City Manager to purchase the real property known as a portion of Government Lot 7, Beginning at the Southwest Corner of Lot 7, Block 6 East Addition to the Original Townsite Of Kenai , Thence North 89°53'20" East a Distance Of 100.23 Feet to the Corner of Lots 5 and 6, Block 6 of the East Addition of the Townsite of Kenai, Thence South 5°33'15" East for 131 .55 Feet, Thence South 65°06' West for 105.98 Feet, Thence North 5°33'15"
Resolution No. 2017-65 Page 2 of 2 West for 176.2 Feet to the Point of the Beginning, located within Section 5, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska for the total purchase price of $5,600 plus estimated closing costs of $510, on a form approved by the City Attorney, to be retained by the City for public use. Section 2.
That the Kenai City Council further finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition for the total purchase price of $5,600 plus estimated closing costs of $510, in accordance with the recitals above which are incorporated herein.
Section 3. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
19th
day of October, 2017.
BRIAN GABRIEL SR., MAYOR ATTEST:
Jamie Heinz, City Clerk
Approved by
Finance:~
EARNEST MONEY RECEIPT AND AGREEMENT Received from City of Kenai hereinafter called PURCHASER, the sum of$0.00, in the form ofa check payable to Professional Escrow Services, Inc., in trust for Dorothy Coover hereinafter called SELLER, as Earnest Money on rJ{A (date), in part payment of the purchase price of the following described real property: Legal Description: PTN GL 7 BEGIN @ SW CORNER LT 7 BLK 6 EAST ADON TH N 89 DEG 53'20"E 100.23 FT TH S 5 DEG 33'15"E 131.55 FT TH S65 DEG 6'W 1 05.98 FT TH N 5 DEG 33'15''W 176.2 FT TO POB, Section 5,
TSN, Rl l W, Seward Meridian (KPB Parcel No. 04711903) in the Kenai Recording District, Third Judicial District, State of Alaska. The total purchase price is $5,600.00, payable as follows: $ igjbalance due at closing
OR
earnest money
OBank loan with
OR
D Owner Finance $_payable at $_or more per _ _. Including/Plus interest at _ _%. Interest accrues from _ _ . First payment due_. Amortized years--·
ODue on Sale Clause
Late fee of$ _ _ for _past due.
OFull Coverage Insurance Required. Collect at _
_ . Other terms: _ _.
THE CLOSING COSTS are to be paid between Seller and Purchaser as follows: Indicate: (S) = Seller; (P) = Purchaser; (50/50) = Split equally between Seller and Purchaser
_P_Owners Title insurance
Lenders Insurance f Escrow Settlement/Closing Fee f Recording Fee _Escrow Set Up Fee Escrow Annual Fee _Attorney Doc Prep Fees _Delinquent Property Taxes _ _ Pending/Levied Assessments _ _ Clear Existing Liens _As-Built Survey Fee _Appraisal _ _ Final Inspection on Appraisal Other Costs_ _
_ _ Origination Fee _Commitment Fee Discount Points _ _ Tax Registration Fee _Flood Certification _Credit Report _ _ Document Preparation Fee MIP/PMI
_ V.A. Funding Fee _ _ Establish/Replace Reserves on New Loan _ _ Interest to Closing Date New Loan _ _ Well/Septic Testing (if required by lender) _ _ Home Inspection Fee Smoke Detectors
WARNING: IT IS PURCHASER'S AND SELLER'S RESPONSIBILITY TO SEEK AND CONSULT WITH OWN INDEPENDENT LEGAL ADVISOR, TAX ADVISOR, BUILDING & SOIL INSPECTOR, LAND SURVEYOR, WATER & SEWER ENGINEER, OR OTHER APPROPRIATE ADVISOR FOR THIS TRANSACTION AND AT THE SOLE COST TO THE PARTY REQUESTING SUCH SERVICE(S) UNLESS OTHERWISE STATED ABOVE. SUCH SERVICE OR DILIGENT INQUIRY SHALL BE COMPLETED WITHIN 10 DAYS OF SELLER'S SIGNATURE HEREON OR ANY OTHER TIME FRAME AND MUTUALLY AGREED TO IN WRITING BETWEEN SELLER AND PURCHASER.
Purchase and Sales Agreement City of Kenai and Dorothy Cooper Kenai Peninsula Borough Parcel Number: 04711903 1.
The title is to vest and read: City of Kenai (ohusband and wife, o married, O unmarried,)
2.
Seller agrees to furnish and deliver to Purchaser as soon as procurable a purchaser's policy of title insurance to be issued by Title Company. If the title cannot be made clear as aforesaid within l2, days from the issuance of a preliminary title report, Purchaser may cancel this agreement and Seller must refund the earnest money. It is also agreed that the Purchaser may waive defects or require the price to be renegotiated to cover any defects or encumbrances at the Purchaser's sole discretion without loss of the earnest money refund.
3.
If title is made good on or before closing and the Purchaser neglects or refuses to complete the purchase, the earnest money may, at Seller's sole option, be forfeited as liquidated damages, which shall not preclude any other remedy available at law or in equity, if any.
4.
The property shall be conveyed by WARRANTY DEED free of encumbrances except for rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations and provisions shall not be deemed defects nor encumbrances. Any defects or encumbrances may be discharged at closing out of the purchase money. Warranty Deed shall contain a reservation by Grantor of all oil, gas and mineral rights.
5.
Taxes for the current year, rents, interest, mortgage reserves, will be prorated as of the date of closing.
6.
Possession will occur on recording.
7.
Purchaser offers to purchase the property on the terms noted in its present condition and this agreement is issued subject to: a. Subject to approval of the Council of the City of Kenai
b.
c. d. e. 8.
The sale shall be closed in the offices of Professional Escrow Services on or before 30Days after approval of the Resolution or Ordinance approving the purchase by the Council of the City of Kenai. "Closed" shall mean the day the deed of contact is recorded and funds are to be disbursed.
9. Purchaser and the Seller will, on demand of either, deposit in escrow with the closing
agent all instruments and monies necessary to complete the purchase.
lo. There are no verbal or other agreements which modify or affect this agreement. Time is of the essence of this agreement.
2
Purchase and Sales Agreement
City of Kenai and Dorothy Cooper Kenai Peninsula Borough Parcel Number: 04711903 WHEREFORE the Seller and purchaser being in accord do bind themselves hereto by their signatures hereunder: PURCHASER:
SELLER:
f - - - - - - - - - - - - - - D a t e:_ __
D{;
(sign name)
City of Kenai, Paul Ostrander, City Manager
Dorothy Cooper
(print name)
(print name)
Telephone: (907) 283-8222
Fax:
Telephone:
----------~
Fax:
email: [email protected]
email:
e> o 7 -- 3~ 2-
-(;,4 '3.
------...,.----! ..
