HomeMy WebLinkAboutOrdinance No. 2938-2017Suggested by: Administration
CITY OF KENAI
fANCE NO. 2938 -2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $20,600 IN THE WATER & SEWER
FUND FOR THE PURCHASE OF APPROXIMATELY 2.27 ACRES OF REAL PROPERTY
DESCRIBED AS LOTS 1 AND 2, BLOCK B, BEAVER CREEK ALASKA SUBDIVISION
AMENDED, SECTION 36, T6N, R1 1W, TO BE RETAINED BY THE CITY FOR PUBLIC
USE.
WHEREAS, the total purchase price for the two subject parcels containing
approximately 2.27 acres is $20,000, plus estimated closing cost of $600, which is less
than appraised value as determined by a qualified appraiser pursuant to Kenai
Municipal Code Section 22.05.135 - Acquisition of Real Property; and,
WHEREAS, the purchase would provide the City additional property reserved for public
use for the protection of the City's Municipal Wells; and,
WHEREAS, it is in the best interest of the City to purchase the above described property
to be retained by the City and Municipal Well protection purposes; and,
WHEREAS, Water & Sewer Fund, Fund Balance is sufficient and available to
accommodate the purchase at this time.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI
ALASKA, that:
Section 1. Form: That this is a non -code ordinance.
Section 2. That the Kenai City Council hereby authorizes the City Manager to
purchase the real property known as Lot's 1 and 2, Block B, Beaver Creek
Alaska Subdivision Amended, Section 36, T6N, R11W, for the total
purchase price of $20,000 plus estimated closing costs of $600, on a form
approved by the City Attorney, to be retained by the City for public use.
Section 3. 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 $20,000 plus estimated closing costs of $600, in
accordance with the recitals above which are incorporated herein.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 29XX -2017
Page 2 of 2
Section 4. That estimated revenues and appropriations be increased as follows:
Water & Sewer Fund
Increase Estimated Revenues:
Appropriation of Fund Balance $20.600
Increase Appropriations:
Water - Land
$20.600
Section S. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation
to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or
impair the validity of the remainder of this title or application thereof to
other persons or circumstances. The City Council hereby declares that it
would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of January,
2017.
Approved by Finance:
•'
Introduced: January 4, 2017
Enacted: January 18, 2017
Effective: February 17, 2017
New Text Underlined; [DELETED TEXT BRACKETEDI
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �d
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111.
1992
MEMORANDUM:
TO: Rick Koch, City Manager
FROM: Matthew Kelley, City Planner /lam
DATE: December 23, 2016
SUBJECT: Ordinance No 2938 - 2017
Purchase of Real Property from Douglas W. Cofer
The purpose of this communication is to provide additional information in support of Ordinance
No. 2938 — 2017. The proposed Ordinance, would appropriate funding for the purchase of real
property described as Lot's 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended,
Section 36, T6N, R11 W, Seward Meridian, consisting of approximately 2.27 acres.
The subject parcels are located on at the Southeast corner of Shotgun Drive and Minchumina
Avenue (undeveloped), one lot north of the Kenai Spur Highway near Milepost 6.5 of the Kenai
Spur Highway. The subject parcels consist of two rectangular- shaped lots which are sparsely
vegetated, low -lying lands. Lot 1 contains a small gravel pad which is undeveloped. Lot 2 is
also undeveloped.
Future development of the City's Municipal Wells in this specific area could locate water and
sewer infrastructure improvements on the two subject parcels. Purchase of these two subject
parcels would provide additional property for future municipal well improvements.
The agreed upon purchase price is the lesser of $25,000 or appraised value, as determined by
a qualified real estate appraiser. The City retained the services of a qualified appraiser which
they determined the value of the subject parcels to be $20,000. Thus the purchase price of
both Lot's 1 and 2 will be $20,000.
Funding will be provided by an appropriation of the Water & Sewer Fund, fund balance in the
amount of $20,600 which is available and unappropriated at this time.
Attached, please find an aerial photograph identifying the subject property
Thank you for your consideration.
V
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KPB Parcel No: 04106201 & 04106201
Owner: Douglas W. Cofer
Acreage: 2.27
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Zoning: Rural Residential
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EARNEST MONEY RECEIPT AND AGREEMENT
Received from City of Kenai hereinafter called PURCHASER, the sum of $0.00, in the form of a check payable
to Stewart Title of the Kenai Peninsula in trust for Douglas W. Cofer and Brenda K. Cofer hereinafter called
SELLER, as Earnest Money on N/A (date), in part payment of the purchase price of the following described real
property:
Legal Description: Lots 1 & 2, Block B, Beaver Creek Alaska Sub Amended, 81 -101 (04106201 &
04106202). In the Kenai Recording District, Third Judicial District, State of Alaska.
The total purchase price is $20.000.00, payable as follows: $ earnest money
®balance due at closing OR ❑Bank loan with OR
❑ Owner Finance $_ payable at $_ or more per Including/Plus interest at
%. Interest accrues from _ . First payment due _ Amortized years _.
❑Due on Sale Clause Late fee of $ for Oast due.
❑Full 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; (50150) = Split equally between Seller and Purchaser
S Owners Title insurance
Lenders Insurance
50150 Escrow Settlement/Closing Fee
50150 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.
1. The title is to vest and read: City of Kenai ( ❑husband and v6fe, ❑ married, ❑
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 Stewart Title of the Kenai Peninsula. 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 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 maybe discharged at closing out of the
purchase money.
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 City Counejl
b.
C.
d.
e.
8. The sale shall be closed in the offices of Stewart Title of the Kenai Peninsula with an
escrow or closing agent on or before February 24, 2017 (date) "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.
WHEREFORE the Seller and purchaser being in accord do bind themselves hereto by their
signatures hereunder:
2
name)
of Kenai,
I Ostrander, City Manager
name)
name)
Telephone:
Fax:
email:
Address:
Telephone:
Fax:
email:
Address:
Date:
Date:
SELLER:
;sign name)
Douglas Cofer
;print name)
Telephone: (907) 252 -3558
Fax:
email: coferdoug @yahoo.com
Address: 6223 Kenai Spur Highway
Kenai, AK 99611
name)
Ida Cofer
name)
Telephone:
Fax:
email:
Lender:—
an #:
ephone #:
Lender:—
an #:
ephone #:
Address:
3
AFTER RECORDING RETURN TO:
City of Kenai
210 Fidalgo Ave., Ste.200
Kenai, AK 99611
STATUTORY WARRANTY DEED
The Grantor(s): Douglas W. Cofer and Brenda K. Cofer, husband and wife, whose address is: 6223
Kenai Spur Highway, Kenai, AK 99611
for and in consideration of the sum of ten dollars ($10.00), lawful money of the United States, and other
good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby
acknowledged, do hereby GRANT, CONVEY and WARRANT to:
The Grantee(s): City of Kenai, whose address is: 210 Fidalgo Ave., Ste.200, Kenai, AK 99611
the following described real property, together with all tenements, hereditaments, and appurtenances
located in the Kenai Recording District, Third Judicial District, State of Alaska:
Lots One (1), and Two (2), Block B, BEAVER CREEK ALASKA SUBDIVISION AMENDED, according to
Plat No. 01 -101, Kenai Recording District, Third Judicial District, State of Alaska.
EXCEPTING THEREFROM THE SUBSURFACE ESTATE and all rights, privileges, immunities and
appurtenances of whatsoever nature accruing unto said estate pursuant to the Alaska Native Claims
Settlement Act of 12 -18 -71 (85 Stat 688, 7134; 43 U.S.C. 1601, 1613(f) (1976) as reserved by the United
States of America.
FURTHER SUBJECT to reservation and exceptions in U.S. Patent and otherwise of record, real property
taxes, H any due, notes on plat, and covenants and restrictions of records.
DATED: January , 2017
Grantor.
Douglas W. Cofer Brenda K Cofer
State of Alaska )
Third Judicial District) ss.
On this _ day of January, 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared Douglas W. Cofer and Brenda K. Cofer, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) istam subscribed to the within
Instrument and acknowledged to me that he /shelthey executed the same in his/her /their authorized
capecity(tes), and that by hisfherltheir signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Notary Public in and for the State of Alaska
My Commission Expires: _
Ile Na: 15898
AK Statutory Narranty Deed Indiv SP Page 1 of 1
MacSwain Associates LLC
4401 Business Park Blvd., Suite 22
Anchorage, Alaska 99503
Phone: 907 -561 -1965
Fax: 907 -561 -1955
s. macswain@am acswain. com
November 30, 2016
Matt Kelley
City Planner
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611
Re: 2.27± Acres of Residential Land
Lots 1 & 2, Block B, Beaver Creek Alaska Subdivision, Plat No. 81 -101
Kenai, Alaska
Dear Mr. Kelley:
We have prepared an Appraisal Report of the above - referenced property. The appraised
property consists of 2.27 acres of residential land improved with a small gravel pad. The
property rights appraised is the fee simple interest. The report is prepared in accordance
with the Uniform Standards of Professional Appraisal Practice (USPAP).
Based on the data, reasoning, and analysis that follow, we are of the opinion that the
market value of the appraised property, as of November 3, 2016, is as follows.
TWENTY THOUSAND DOLLARS
($20,000)
Your attention is directed to the Assumptions and Limiting Conditions of this report. We
hope the appraisal report assists your evaluation of the property. If you have any questions
regarding this report, please contact our office.
Respectfully,
5
Steve MacSwain, MAI
State of Alaska Certificate No. 42
16- 2993(1): Lots 1 & 1, Block B, Beaver Creek Alaska Subdivision, Kenai, Alaska