Sponsored by: Administration CITY OF KENAI RESOLUTION ... - AWS
Sponsored by: Administration
CITY OF KENAI RESOLUTION NO. 2017-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS LOT FOUR (4), BLOCK FIVE (5), EAST ADDITION TOWNSITE OF KENAI, AND DESIGNATED AS KENAI PENINSULA BOROUGH PARCEL NUMBER 047-115-02, FROM LARRY E. MARSH AND CAROL J. MARSH, 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: Lot Four (4), Block Five (5), East Addition Townsite of Kenai, according to U. S. Survey 3025 A & B, Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS , the total purchase price for the subject parcel containing approximately .14 acres is $1,400.00, plus estimated closing costs of $51 O; 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 whose 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-DC-
377. 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 Lot 4, Block 5, East Addition Townsite of Kenai , according to the official plat thereof, filed in the Kenai Recording District, Third Judicial District, State of Alaska for the total purchase price of $1,400.00 plus estimated closing costs of $510, on a form approved by the City Attorney, to be retained by the City for public use.
Resolution No. 2017-72 Page 2 of 2 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 $1,400.00 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 6th day of December, 2017.
BRIAN GABRIEL SR., MAYOR ATTEST:
Jamie Heinz, City Clerk
Approved by Finance:__;z'L
11
Vt1/a3e with a Past, City with aFuture" 210 Fidalgo Avenue, Kenai , Alaska 99611-7794 Telephone : 907-283-7535 I Fax: 907-283-3014 www.kenai.city
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager?, t:? ·
FROM :
Matt Kelley, City Planner
DATE:
November 29, 2017
SUBJECT:
Resolution No. 2017-72
/IK
The purpose of this communication is to provide additional information in support of Resolution No. 2017-72. The proposed Resolution, would appropriate funding for the purchase of real property described as a Lot Four (4), Block Five (5), East Add ition Townsite of Kenai, according to U.S. Survey 3025 A & B, located in Section 5, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska consisting of approximately .14 acres. The subject parcel is located along the Kenai River bluff, and is being eroded away due to erosion of the Kenai River Bluff. The subject parcel has been identified by the Department of 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. The agreed upon purchase price as negotiated with Larry E. Marsh and Carol J. Marsh, as authorized by the City Council is $1,400, and estimated closing costs of $510.00. Funding for the purchase will be provided through Legislative Grant 12-DC-377. Attached , please find an aerial photograph identifying the subject parcel. Thank you for your consideration.
Zoning: Central Commercial
KPB Parcel No: 047-115-02 Owner: Larry E. Marsh and Carol J . Marsh A creage: .14 Acres
·• ·
~
s
0
90
~AWICA
'V"
180
360 Feet
EARNEST M ONEY RECEIPT AND AGREEMENT Received from Citv of Kenai hereinafter called PURCHASER, the sum of $0.00, in the form of a check payable to Professional Escrow Services, Inc., in trust for Larry E. Marsh and Carol J. Marsh, hereinafter called SELLERS, as Earnest Money on NIA (date), in part payment of the purchase price o f the following described real property: Legal Description: Lot 4 , Block 5, East Addition Townsite of Kenai, (KPB Parcel No.
04 711502) In the Kenai Recording Distric t, Third Judicial
District, State of Alaska.
The total purchase price is $1,400.00, payable as follows: $ 0balance dt!e at c losing
OR
0
earnest money
OBank loan with
D Owner Finance $_ _ payabl e at $ _ _ or more per _
OR _ . 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 tenns: _ _. 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
RECEIVED CITY OF KENAI OCT ii 0 2017 PLANNING DEPARTMENT
_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 SELLERS ' 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 SELLERS AND PURCHASER. l.
The title is to vest and read: City of Kenai (ohusband and wife, o manied, O unmarried,)
2.
Sellers agree 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 20 days from the issuance of a preliminary title report, Purchaser may cancel this agreement and Sellers 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 Pmchaser's sole discretion without loss of the earnest money refund.
Purchase and Sales Agreement City of Kenai/Larry E. and Carol J. Marsh Kenai Peninsula Borough Parcel Number: 04711502 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 Sellers' 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, mo1igage 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
8.
The sale shall be closed in the offices of Professional Escrow Services on or before 30-Days 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 fund s are to be disbursed.
9.
Purchaser and the Sellers will, on demand of either, deposit in escrow with the closing agent ail instruments and monies necessary to complete the purchase.
IO. There are no verbal or other agreements which modify or affect this agreement. Time is of the essence
of this agreement. WHEREFORE the Sellers and purchaser being in accord do bind themselves hereto by their signature hereunder: PURCHASER :
City of Kenai Its: City Manager Carol J. M arsh Telephone: (907) 283-8222 Fax: (907) 283-3014 E-mail: [email protected] Address: 210 Fidalgo Avenue Kenai , AK 99611
qo '] -
Telephone: 2...
CITY OF KENAI RESOLUTION NO. 2017-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS LOT FOUR (4), BLOCK FIVE (5), EAST ADDITION TOWNSITE OF KENAI, AND DESIGNATED AS KENAI PENINSULA BOROUGH PARCEL NUMBER 047-115-02, FROM LARRY E. MARSH AND CAROL J. MARSH, 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: Lot Four (4), Block Five (5), East Addition Townsite of Kenai, according to U. S. Survey 3025 A & B, Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS , the total purchase price for the subject parcel containing approximately .14 acres is $1,400.00, plus estimated closing costs of $51 O; 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 whose 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-DC-
377. 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 Lot 4, Block 5, East Addition Townsite of Kenai , according to the official plat thereof, filed in the Kenai Recording District, Third Judicial District, State of Alaska for the total purchase price of $1,400.00 plus estimated closing costs of $510, on a form approved by the City Attorney, to be retained by the City for public use.
Resolution No. 2017-72 Page 2 of 2 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 $1,400.00 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 6th day of December, 2017.
BRIAN GABRIEL SR., MAYOR ATTEST:
Jamie Heinz, City Clerk
Approved by Finance:__;z'L
11
Vt1/a3e with a Past, City with aFuture" 210 Fidalgo Avenue, Kenai , Alaska 99611-7794 Telephone : 907-283-7535 I Fax: 907-283-3014 www.kenai.city
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager?, t:? ·
FROM :
Matt Kelley, City Planner
DATE:
November 29, 2017
SUBJECT:
Resolution No. 2017-72
/IK
The purpose of this communication is to provide additional information in support of Resolution No. 2017-72. The proposed Resolution, would appropriate funding for the purchase of real property described as a Lot Four (4), Block Five (5), East Add ition Townsite of Kenai, according to U.S. Survey 3025 A & B, located in Section 5, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska consisting of approximately .14 acres. The subject parcel is located along the Kenai River bluff, and is being eroded away due to erosion of the Kenai River Bluff. The subject parcel has been identified by the Department of 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. The agreed upon purchase price as negotiated with Larry E. Marsh and Carol J. Marsh, as authorized by the City Council is $1,400, and estimated closing costs of $510.00. Funding for the purchase will be provided through Legislative Grant 12-DC-377. Attached , please find an aerial photograph identifying the subject parcel. Thank you for your consideration.
Zoning: Central Commercial
KPB Parcel No: 047-115-02 Owner: Larry E. Marsh and Carol J . Marsh A creage: .14 Acres
·• ·
~
s
0
90
~AWICA
'V"
180
360 Feet
EARNEST M ONEY RECEIPT AND AGREEMENT Received from Citv of Kenai hereinafter called PURCHASER, the sum of $0.00, in the form of a check payable to Professional Escrow Services, Inc., in trust for Larry E. Marsh and Carol J. Marsh, hereinafter called SELLERS, as Earnest Money on NIA (date), in part payment of the purchase price o f the following described real property: Legal Description: Lot 4 , Block 5, East Addition Townsite of Kenai, (KPB Parcel No.
04 711502) In the Kenai Recording Distric t, Third Judicial
District, State of Alaska.
The total purchase price is $1,400.00, payable as follows: $ 0balance dt!e at c losing
OR
0
earnest money
OBank loan with
D Owner Finance $_ _ payabl e at $ _ _ or more per _
OR _ . 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 tenns: _ _. 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
RECEIVED CITY OF KENAI OCT ii 0 2017 PLANNING DEPARTMENT
_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 SELLERS ' 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 SELLERS AND PURCHASER. l.
The title is to vest and read: City of Kenai (ohusband and wife, o manied, O unmarried,)
2.
Sellers agree 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 20 days from the issuance of a preliminary title report, Purchaser may cancel this agreement and Sellers 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 Pmchaser's sole discretion without loss of the earnest money refund.
Purchase and Sales Agreement City of Kenai/Larry E. and Carol J. Marsh Kenai Peninsula Borough Parcel Number: 04711502 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 Sellers' 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, mo1igage 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
8.
The sale shall be closed in the offices of Professional Escrow Services on or before 30-Days 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 fund s are to be disbursed.
9.
Purchaser and the Sellers will, on demand of either, deposit in escrow with the closing agent ail instruments and monies necessary to complete the purchase.
IO. There are no verbal or other agreements which modify or affect this agreement. Time is of the essence
of this agreement. WHEREFORE the Sellers and purchaser being in accord do bind themselves hereto by their signature hereunder: PURCHASER :
City of Kenai Its: City Manager Carol J. M arsh Telephone: (907) 283-8222 Fax: (907) 283-3014 E-mail: [email protected] Address: 210 Fidalgo Avenue Kenai , AK 99611
qo '] -
Telephone: 2...
