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Home My WebLink AboutResolution No. 2017-25CITY OF KENAI RESOLUTION NO. 2017 -25 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS US SURVEY 257, LOCATED WITHIN SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, FROM RUSSELL CLARK, FOR THE PUBLIC PURPOSE OF INCLUDING THE PROPERTY IN THE BLUFF EROSION RESTORATION PROJECT AND DETERMINING THAT THE PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS, the subject real property is described as: US Survey 257, located in 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 2.78 acres is $5,000, 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 -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 US Survey 257 located in 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 $5,000 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 $5,000 plus estimated closing costs of $510, in accordance with the recitals above which are incorporated herein. Resolution No. 2017 -25 Page 2 of 2 Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7'^ day of June, 2017. �- ATTEST: Acting City Clerk Approved by Finance:° MEMORANDUM 'v //r wid a Past, 0 w1d a f tam, 210 Fidalgo Ave, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 1 Fax: (907) 283 -3014 www.kenai.city TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager .0- FROM: Matt Kelley, City Planner/�Z DATE: May 31, 2017 SUBJECT: Resolution No. 2017 -25 The purpose of this communication is to provide additional information in support of Resolution No. 2017 -25. The proposed Resolution, would appropriate funding for the purchase of real property described as US Survey 257, located in Section 5, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska, consisting of approximately 2.78 acres. The subject parcel is located within the Kenai River and has been completed eroded away due to erosion of the Kenai River Bluff. The subject parcel has been identified by the Department of the Army, Corps of Engineers as being needed for the construction of erosion - control structures or to provide permeant access to support the bluff stabilization project. The agreed upon purchase price as negotiated with Mr. Clark, as authorized by the City Council is $5,000 plus estimated closing costs of $510. Funding for the purchase will be provided through Legislative Grant 12 -DC -377. Attached, please find an aerial photograph identify the subject parcel. Thank you for your consideration. Zoning: Central Commercial KPB Parcel No: 047 - 103 -11 Owner: Russell S. Clark Acreage: 2.78 Legal: US Survery 257, TSN, R11W, Section 5, Seward Meridian RN Vr�.ay i� �xuvnua�u u 0 165 330 660 Feet 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 Professional Escrow Services, Inc., in trust for Russell S. Clark 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: US Survey 257 (KPB Parcel No. 047103 11) In the Kenai Recording District, Third Judicial District, State of Alaska. The total purchase price is $5.000.00, 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 _past 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 P Owners Title insurance _ Lenders Insurance P Escrow Settlement/Closing Fee P 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 wife, ❑ married, ❑ unmarried,) Purchase and Sales Agreement City of Kenai and Clark S. Russell Kenai Peninsula Borough Parcel Number: 04710311 2. Seller agrees to fizmish 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 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. 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 with an escrow or closing agent 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 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. io. 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 Purchase and Sales Agreement City of Kenai and Clark S. Russell Kenai Peninsula Borough Parcel Number: 04710311 Date: of Kenai, I Ostrander, City Manager name) Telephone: (907) 283 -8222 Fax: email: postrander @keni.city Address: 210 Fidalgo Avenue Kenai, AK 99611 Date: name) name) Telephone: Fax: email: Address: SELLER: name) S. Clark name) Telephone: (918) 774 -4561 Fax: email: clarkfarm @windstrem.net Address: 27067 Reichert Summerfield Rd Heavener, OK 74937 name) Telephone: Fax: email: Lender an #: ephone #: Lender: _ an #: ephone # Address: 3 File for Record at the Request o£ Professional Escrow Services, Inc. (PEST) AFTER RECORDING PLEASE MAIL TO: City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 File Ref. No. 171896305 --------- Ahm e This Line Reserved For Official Use Only--- - - - - -- STATUTORY WARRANTY DEED F The Grantor(s), RUSSELL S. CLARK, whose address is 27067 Reichert Sumarnerfiell d. — Heavener, OK 74937, for and in consideration of the ssu�u,,m of TEN DOLLARS ($10.00) and other good and valuable consideration to him in hand paid, receipt for wh' h is hereby acknowledged, does hereby convey and warrant to the Grantee(s), CITY OF KENAI, whose address 210 Fidalgo Ave. — Kenai, AK 99611, all right, title and interest in and to that certain real property, situated in the Kenai Recording District, Third,dudicial District, State of Alaska, to- wit: US SURVEY 257, according to the official plat thereof, filed in the records of the Kenai Recording District, Third Judicial District, State of Alaska. (KPB Tax Parcel No. 04710311) SUBkCT TO taxes and assessments for the year 2017 and subsequent years, reservations, restrictions, conditions, covenants, easements, rights of way of record, and any set of facts an accurate survey or physical inspection would reveal. TOGETHER WITH, ALL1AND SINGULAR, the tenements, hereditaments, appurtenances and privileges thereto incident, unto said Grantees) and to his heirs, executors, administrators and assigns, FOREVER. - - - - -- -Below This Line Reserved For Official Use Only - - - - -- SIGNED, SEALED AND DELIVERED this RUSSELL S. CLARK STATE OF } County of } On this day of personally appeared RU: instrument freely and voluntarily, for the uses and (NO 2017, before me the day of 2017. Notary Public in and for the State of aed to me that he executed the within lotary Public in and for the State of Iy Commission Expires: Page 2 of 2 - - - - - -- -Below This Line Reserved For Official Use Only-- - - - - --