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1983-05-10 Council Packet - Work Session
Kenai City Council Work Session May 10 1983 Ordinance 856-83 Ordinance 858-83 CITY OF KENAI tOd eat 4 41."d„ I. O. SOX $10 KENAI, ALA1KA 99611 T1tpNON1 US • 1191 NOTICE OF WORK SESSION There will be a work session of the Kenai City Council on Tuesday, May 10, 1983 at 6s00 p.m. To be discuaeeds 1. Ordinance 656-83 - repeal KMC - Commissions to realtors for sale or lease of City lands. 2. Ordinance 858-83 - amend KMC - Airport Manaqor and Senior Citizen Coordinator to Department Director and Fire Marshall to Range 17. 3. Budget session p5. Z�"4'1 Janet Whelan City Clerk Dateds 5-5-83 1 � April 6, 1983 City Council Mayor City Manager City of Kenais I have a prospective buyer wishing to make an offer to purchase and as required by Title 22, chapter 5 we are requesting that the City negotiate a sale of a parcel of land commonly known as Section 36 (containing approximately 300 acres) as perscribed in 22.05.040. We do not believe that any competitive interest to purchase the entire tract exists. I also wish to register myself as a "real estate agent" as referred to in 22.05.040 (f) and in the event my applicant purchases the tract, ERA Property World will be entitled to a 10% commission and in the event the property is sold at public sale to someone other than the applicant ERA Property World will be entitled to a 5% commission. Sincerely, erry C. Andrews, ERA Property World ERA`D - PROPERTY WORLD, INC. 1.0. Box 1 1;6 -orm!r of Spur R Willow <enai, Alaska 91611 Each office independently owned and operated. 907-283-4888 Woos" I I � f . 91r 10 May 3, 1983 City of Kenai ' City Manager Box 580 Kenai, Alaska 99611 Dear Sirs In accordance with the ordinances of the City of Kenai deal- ing with "city - owned lands" , Title 22. We, the undersigned do request written listings and approvalto represent the City of Kenai owned lands not presently listed with another broker. Section 22.05.040 (f) (1) indicates that that the city manager may grant exclusive listings of one or more parcels ..... Sincerely, f CcR Douglas A. Ke g Broker DAK/dra RAX)' - PROPERTY WORLD, INC. U. l3nx 1 tib jiller of Spur C 11 dlo%c gnat, Alask.i 991)11 9U7-Z83 -�888 ach office rndetwndent1v owned and operated A .. f� �'�" tUtfOt• City of Kenai City Manager Box 580 Kenai, Alaska 99611 Dear Sirs I recognize that you have not yet had time to respond to my request for listing contracts on all City owned land. While this is possibly going to take a little time, I vould request an immediate execution of the enclosed exclu- sive listing contract on parcel 166, located in Sec. 31, P.6 I3., Roll S.B.M. containing 1.11 Ac. more or less. sincerely, )ouglas A. Keating 3roker DAK/dm :RA'g'- PROPERTY WORLD, INC. .U. 13OX 15h orne•r ci Spur X Willu« enai, Ala,ka 99611 907-183-4888 Each office independentiv owned and operated. y PROPERTY P.0. Box 158 P.Q. Box Mia Konni, Macke 09011 Sr,irloeriri, Ainokn E708E33 � • 1 ' 1 . ViiQRLs?rs INC. Phone tflfa71UU;a�tUAJU tsruijra93e-ioou .n REALTOR Lots& Acreage Puce At List Date I Exp. Date Terntt 15% Down Apprais 1 5,83 5,4 04 11ol interest 20 years AArtr• t[nnn i arvr r tt i rrhwAv lllist. 11# 81ty" & Qniir Taxes Lot Size Zoning RS Assorts• • Ft. Curb & Gutter No Bal.1st Acreage — T . Rd. 2aved Pan. Sidewalk No Bal.2nd 'd Val. Prtn. % Bnk Owner r f fi y o f Kenai Irn. ADDRESS Box 580- Kenai. AK. 99611 LEGAIr..-L- 16A 5131 TAN R11W S.R-H- REMARKS LoG�ted oh,__t:orner of Spur Highway_ _And—SS.Pwuc0 -txaet. Sign Yes( }4 No( 1 Exchange Possession Date Closin< Reason for Selling FYXe— $ Owner hereby employs ERA Property worm hereinafter referred to as "Agent", sole and exclusive agent to sell that certain real property described as r^ov' 0 166 in S f•ion 31 6a„_011-11 W-, R_R_M- Kenai , Recording District, State of Alaska, for the price of $_Apprn i s n bn the terms of $ 15 % cash, balance payable: at 10% interest for Q years and to accept a deposit to bind a prospective buyer. Owner's merchantible title shall be secured by a policy of title insurance, issued by a responsible company, to be furnished and paid for by Owner. Interest, taxes, rents, insurance and assessment will be prorated to the date of closing. This agency shall continue irrevocably for the full period beginnings , 1983— to midnight May 4 , 19-BA • Owner agrees to pay Agent 1 0 r percent of the selling price as compensation if the property is sold or transferred by anyone, including Owner, during the contract period or if sold or transferred within 180 days after expiration of that period to anyone who negotiated during the period of this agreement with Agent or any other person authorized by Agent to sell or negotiate for the sate of the property. If an earnest money offer meeting the price and terms stated above is received and presented to Owner prior to the expiration of this agency, Owner agrees that the Agent shall be allowed 120 days to close or secure the closing of the transaction. If a deposit is forfeited by a prospective purchaser, the deposit shall be paid to or retained by Agent to the extent of the specified commission and any residue shall be paid to Owner, Owner agrees not to rent or tease or change or extend the terms of any existing rental or lease without the consent of the Agent. OWNER HEREBY CERTIFIES THAT HE HAS NOT MADE ANY MISREPRESENTATIONS CONCERN- ING THE DESCRIBED PROPERTY AND THAT NO DEFECTS ARE KNOWN TO EXIST THAT ARE NOT DISCLOSED IN THIS AGREEMENT, OWNER ACKNOWLEDGES THAT HE HAS READ AND RECEIVED A COPY OF THIS AGREEMENT, THIS 5th DAYOF May 119 83 Owner Owner Agent sprees to use due diligence in procuring s Vurdrner. swim.b. ea nq Toshuw Ph. — n Listing Office: ERA Property World Mr. ERA Property World lNo. lPh, 283-4888 Address: Rom 1 56., Kenai, AK. 0.g611 Listing Agent: Doug Keating CITY OF KENAI „ail 12ajai l 4 4iQ. "I f P. O. SOX $10 KENAI, ALASKA 99411 TELEPHONE 713 • 7533 MEMORANDUM TOs Wm. J. Brighton, City Manager ��.��.�',���{ FROMs Dana Gerstlauer, Administrative Assistant•J REs Land Sales/Leases Through Realtors Following is a summary of the land transactions that have involved real estate agents: Sales Swearingen & Morgan, represented by Glad Realty Lots 7 & 8, Block 3, CIIAP, sold 6/15/81 Leases Alaska USA Federal Credit Union, represented by Dick Mueller, Property World Lot 8, Etolin 2nd Addition, leased 10/7/82 i Jesse 6 Catherine Wade, represented by John Wise, Property World Lease application still being PP g Processed. j /dg u 22.05 ( Index.)-22.05.010 Titlg� CITY_(VM9D WIpS 05 Disposition of City Lands ,.. Sections: 22.05.010 Power to dispose of real property. 22.05.020 Sale or -disposal. 22.05.025 Conveyance to encourage new industrial enterprises. 22.05.030 Sale. 22.05.040 Sale procedure. 22.05.045 Terms for financing sale of city lands. 22.05.050 Determination as to Need for Public Use. 22.05.060 Tax foreclosure parcels. 22.05.070 Property exchanges. 22.05.075 Property sale to adjacent owners. 22.05.080 Grant or devotion to governmental agencies. 22.05.090 Determination for sale or public use. 22.05.100 Repurchase by record owner. 22.05.010 ?ower to_Dispose of Real Property: The City may sell, convey, exchange, transfer, donate, dedicate, direct, or assign to use, or otherwise dispose of City -owned real property, including property acquired, held for or devoted to a public use, only in accordance with this chapter, and, with respect to properties acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29.53.360-385 which'home-rule municipalities are required to comply with: Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose. (Ords 312, 612) 22-1 (City of Kenai SUpp. =8 - 4/6/81) 22.05.020-22.05.030 22.05.020 5-41e cr_Aisoosa1: The City may sell or dispose of real property by warranty or quit -claim deed, easement, grant, permit, license, deed of trust, mortgage contract of sale of real property, plat dedication, lease, tax, deed, will, or any other lawful method or mode of conveyance or grant. Any instrument requiring execution by the City shall be signed by the City Manager and attested by the City Clerk. The form of any instrument shall be approved by the City Attorney. (Ord 312) 22.05.025 CoriveyancgtoEDeouraae New ndustrial g,Dternriseq (a) Notwithstanding any other provisions of this chapter, where it is found that encouragement of a new industrial enterprise would increase the economic stability of the City of Kenai and would be beneficial to the City of Kenai, the City Council by resolution so finding may direct conveyance of one or more parcels of City land by the City rlanager to such industrial enterprise upon such terms as to price, conditions of conveyance, and with such contingencies as may be set forth in said resolution. (b) In the event the land directed to be conveyed under sub -section (a) above consists in part or in whole of airport lands, then the resolution ordering its conveyance will not be effective until the City Council by ordinance has appropriated from the general fund to be dedicated to the Airport Investment Reserve the difference between the appraised fair market value of said airport lands and the purchase price, if any, set forth in said resolution. (Ord 612) , 22.05.030 Bali: (a) All lands, except ta•x-foreclosed lands, to which the City of Kenai holds title which are not restricted from sale by the Deed of Conveyance to the City, or which have been released from such restrictions, which the City Council has determined are not required for a ''public purpose, shall be available for sale by the City and shall be inventoried and said inventory shall be made available to the public at no cost, except that lands which have been leased shall not be sold unless the Lessee has made a written request to the city to place the land for sale in which case the Lessee shall have an option to purchase at the current appraised value with all unearned lease payments to be credited to the purchase price. Land(s) restricted by deed of release as to sale conditions are available for sale only under those -terms and conditions. (b) Sales -of lands pursuant to tub -section (a) above may be made at not less than fair market value, subject to 22.05.025. Fair market value shall be established by an independent appraiser and shall have been prepared (dated) within six months: 1) Prior to or following an offer to purchase. 2) Following a request by a realestate broker to list, exclusive authorization to Hitx sell. (3) Following a decision by the City to offer aV-- specific land(s)-.r3,,pc1 22.05.030-22.05.040 77- 0 �T?le ��p�"ion`'ot �t�ie+�c�ty "#4n"9cr.��--•::w.._� (12y negotiated vale, or ^_,... . (2) �13vs.out•cry auction tod..Lhhial,prt rnc;nnnaiht . (c) Tax-forclosed lands not previousl$ set aside for public use shall be sold without regard to, or obtaining, appraised fair market value by outcry auction _.. .._....,.,�, to the h ghest responsf6le bidder. Such sale and proceeds thereof shall be subject to the rights of the former record owner and the Kenai Peninsula Borough as contained in KMC 22.05.090, R14C 22.05.100, AS 29.53.370, AS 29.53.375, and AS 29.53.380. Cords 312, 612) 22.06.040 SALES PROCEDURE: (a) Offer to purchase. An offer to purchase availafile for sale city land(s) shall include in addition to a description of the land(s) a $1,000 deposit. Receipt by the city of the offer to purchase entitles the applicant to an option to pucchase the land(s) at the appraised or to be obtained appraised value within sixty40 (60) days after notice of said value. The City shall, if necessary, plat land(s) requested and obtain an independent appraisal within six (6) months. If the City fails to provide an appraisal of x value or properly plotted land(s) within six (6) months after receipt pf the application to purchase the applicant may at his option void the offer to puchase and obtain a full refund of the deposit at 10% interest or extend the offer to purchase retaining an option on the property. If the applicant fails to exeecise the option to purchase at the appraised value within sixty (60) days of notification of value the offer and option will be void and the deposit fprfelted. If the option to pucchase is effected then the deposit shall be applied to the purchase price. (b) The City Manager on request of a Real Estate broker for a listing of a platted tract of lands shall obtain an appraisal of value and list said lands with the broker for a six (6) month period. (c) If the City determines that specific tract(s) of land axexts are to be put up for sealed bid sale, L: ' prior toltetmiriatiori of sale procedurvs,_.and shall �i�in►burse applicant for any good'f�ith riHcisft"advanc�''ed iii excess of all expenses incurred. (However, if anot,)ier party desires the sale to proceed, files an appl ration for sale, executes and files an agre.'•ment to pus\t- nd advances sufficient funds; there or, then tapplicant will be reimbursed foc expensed which can be attributed to,, subseqlicant.) (3) Itions necessary for preparatn £or sale have bmplished, and if neither thi applicant nor any other arty purchases said lan�'4n `ben first after such request,; all expenses offered for sayincurred in prep ration for the sale,w11 be paid from the good faith de osit, and the balance, if any, shall be returned to the applicant. IfsOte sums advanced as good faith deposit a insufficl*�►C to pay all of the costs, the applicant ill be b fled for the balance due and normal collection rocedu�es followed. (4) If the land applie ..is sold on public sale set in response to such requu sli. o anyone other than applicant, then on closing of said sale the good faith deposit will be refundecf� total to the applicant. (5) if the land in ggestio is sold to applicant, the good faith deposit adv need 11 be applied on the payment due at clos�r4g�, (c) If the City I'ie;ager knows f no competitive interest in the purch4p of the trac of land proposed to be sold and if said tract, s not leased nd upon which substantial improve�fepts have been made he may negotiate the sale of. said 1)dnd only after a one t me publication in a newspaper of general circulation within t e City of a notice that it is his 4tent to sell said tract iving the legal description theSeof) by negotiated sale unl ss he receives notice of fn te�rest to purchase said tract fr mother parties within seven;' ays after the date of publicati of said notice. ,� (d) � it appears to the City Manager tha more than one part�i'might be interested in the purchase of the tract proposed',to be sold and if said tract is not leas a land upon y0ch substantial improvements have been made, or if aftef bushing notice of negotiated sale, the Cit Manager rec4lves notice from other parties of interest there i then t$4'••City tianager shall put the tract or tracts of lan up Fdr'fsalc,:•at-his aption,.,either by outcry auction or by ompeti-tTit* sealed" `If'the t'ract''or tra�ts'.-'. Q._y3 (City of Kenai Supp. 17 - 2/10/81 22-4 I 1 1-1 22.05 ;040 _ :Piik� p uch� ass kiP:i a aue .iori�c qp��' ' id sale, notice of sale and the manner in which tha lan�"Iss-to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be posted in at least 3 public places within the City at least 30 days prior to the date of sale, and such other notice may be given by such other means as may be considered advisable by the City Manager. Said notice must contains (1) the legal description of the land, (2) a brief physical description of the land, (3) the area and general location of the land, (4) the minimum acceptable offer for the land (which shall be its appraised fair market value), (5) the terms under which the land will be sold, (6) any limitations on the sale of said land, (7) the time and place set for the auction or bid opening, (8) any other matters concerning the sale of which the City Manager believes the public should be informed. L;e)'=- Xf-no- of fens• -a ' submitted• ee '" p�iiaisec# VATIaP`T'oii�` Effie C t �'�' a er acGe tab3.e,.�offer or a •Y..I,on g may negotiate. -Of -sale of said tract--orw,cts of land with a modification less than the Q appraised valuation •pr " ided''that '&d"such.negotiated sale for less,,.th�an•• ppra sed value shall 5e"'biMia*"—.hq»V• a City }Onles'dAh*d' ms and price therein are approved y •....�5.'SD% 1f �.,•:wL` l e�sti7_lrlt,•.li� r Gj {i'� Where a reaate agent furnishes a buyer or grantee for City land, }le closing-;agenti- s a12•be,,aulhorized a real estate comms`s%onexceed" 102 of the purchase price for the land or 10% of the appraised fair market value of the land, whichever is 1.kerhe✓ 5~ 1 under the following terms and conditions: �1) The City Manager may grant exclusive listings of one or more parcels of land to " real estate brokers with the real estate commission set forth to be divided in accordance with normal practices of real estate brokers in the event that sale or conveyance is' consummated. (2) if a parcel of land not subject to exclusive listing as --et forth above is sold to a buyer furnished by a real estate agent, a1bS$•her-..or►-negotiated sale"'6�t� rafter_"ayptiS:Iic sale then the 961- izeii real estate commission will be laid to the real estate agent 22-5 (City of Kenai Supp. °.7 - 2/10/81) i17rirrnl� 22.05.040 x furnishing said buyer on on closing the transaction. If the parcel is subject to an exclusive listing and is sold to a buyer furnished by a real estate agent not holding such listing, then the i authorized real estate commission will be divided equally between the agents. _- ;t3T�'If"A-garcel.,of--land „not;,#ubject to- an-•-e�clusive 1'i&tia4 as set" foriE"1iove'�I sold at 'public"sale,�n� E (e) In the event a xeales,tiex real estate broker is paid a commission for leasing a parcel of city land and subsequently sells the same parcel to the lessee, the amount of any commission paid for leasing dhall be deducted from the sale commission paid to the broker. .��, aa.�.. av�lltR���C ,CALRLC �LRt.{,1bC RA LUVYyII the 'real estate a ent ifrnisking the applicant had been �or't granted a listing- he proper£y and the real estate agent furnishiS�e ultimate buyet�,�ad furnished the i buyer of the''property. If the parce s subject to an i exclusEli e. �ting and neither of the agg s as set forth' ein holds such listing, then the horized co on will be divided and paid one-half..the agent, ,hclding t exclusiyp listing and one-fou'rt ►,� o ( teach. of. tha-pier- twofagen.ts:� �(A) Closing of sale of City lands shall be handled by a title or escrow company within the City which specializes in closing of real estate sales. . de�(h) Conveyance of City lands shall be by quit claim furnished by the City, and buyers are advised that all ` C such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unieleased restrictions contained in the deed or deeds by which the City.received title to the land. . ,(i) if a buyer desires to obtain a preliminary commitment for title insurance or title insurance to the land, then it shall be Lhe responsibility of the buyer to obtain such commitment or insurance and to pay for the same. ,4.,fj) If the tract or tracts of land are sold under terms by which the City is to accept a note as a portion of the purchase price, the note and accompanying deed of trust must be prepared by an attorney, but must be approved by the J; T City Attorney prior to closing. � (k) Said note shall be placed for collection with a ban9s�selected by the City Manager, which may be changed from 22-6 (City of Kenai Supp. 97 - 2/10/81 d 22,05.040-22.05.n45 time to time, and which shall be the bank in which City funds are deposited. The .et up fee to initiate collection may be negotiated as specified in XMC 22.05.040 WIPghd the buyer shall pay the annual collection fees for such bank collection. *,r) To enable the City to compete on an equal basis with private enterprise in lands disposal, the City Manager is hereby authorized to negotiate a ivfsion of the costs of sale listed in 22.05.040 (hV(f)-(j),Ab (k)�j�t o a maximum of 50% of the required costs bf�lling borne by the City, provided however that no costs of sale will be paid by the City where a sale is negotiated at a price below appraised Fair ttarket Value. (Ords 312, 612) 22.05.045 firms Fox Pj_aapc�rlg._Sa��gf. City�Landss (a) In•order to expedite and facilitate the sale of City lands, the City Manager is hereby authorized to accept terms for said sales and may accept a note secured by a Deed of Trust for a portion of the purchased price thereof except as follows: (1) If the sale is to a lessee'who has placed a lien for financing upon the land, then the City Manager is not authorized to sell the land except for total cash payment unless the party holding the lien upon the land agrees to subordinate said lien to the Note and Deed of Trust to be taken by the City for sale of the land, and (2) Prior to making a determination to accept a Note and Deed of Trust from a prospective purchaser, the City Manager shall secure a grantee index covering the party desiring to purchase the land from the title company in the recording district in which said party resides and also in the local recording district, and no credit will be advanced on such sale if there are any liens or unpaid judgments found in the title company report until any such judgments or liens are paid and releases therefor have been filed. (3) In the event of a credit sale, the down payment required shall be determined by the City Manager, but shall not be less than 15% of the sales price. (4) The City Manager is not authorized to accept terms for the sale of tax -foreclosed lands unless the down payment to be received thereunder, or other sums appropriated for the purpose, are sufficient to make 22-7 (City of Kenai Supp. #13 - 1119181) Y � 22.05.045 immediate payment to the Kenai Peninsula Borough and Q the former record owner of the sums which are, or may become, due to them pursuant to the provisions of AS 29.53.380. (b) If the City Manager determines that it is in the City's interest to accept a note for partial payment for sale of lands, such note shall be secured by a deed of trust to the lands purchased, and shall carry terms as follows: (1) The term of such note may be set by the City Manager, but it shall not exceed 20 years unless a longer period for a specific sale of land is approved by resolution of the City Council. (2) Such note shall bear interest at a rate to be determined by the City Council by resolution. (c) in order to expedite and facilitate the sale of City lands to a lessee who has placed a lien for financing upon the land, or where any other lien has attached to the land, and where lessee is unwilling or unable to pay cash for the City's interest in said land, the City Manager is hereby authorized to sell the City's interest as lessor to the lessee under a contract of sale under the following terms and conditions: (1) The contract for sale of City's interest as lessor provided for above shall be neither acknowledged nor recorded, but will be deposited for collection with a • bank selected by the City Manager, which may be changed from time to:time, and which shall be the bank in which the City funds are deposited. (2) Such contract may be assigned by buyer only with the consent of the City Manager, which will not be unreasonably withheld. (3) Said contract will contain an agreement•of lessee that in the event of default of payment thereunder, and in the further event that the default is not remedied and all payments brought current under said contract within 30 days after written notice of said default to lessee and to any holder of mortgage, beneficiary of deed of trust, and security assignee who has given notice pursuant to K14C 21.15.100(c), the collection agent will deliver said contract to the City, and such default will be likewise considered by the parties as a default in the lease agreement between City and lessee, and lessee will agree to execute a cancellation of said 22-8 (City of Kenai Supp. a13 - 11/9/81) 22.05.045-22,05.050 10 lease and deliver same to the City. is specifically made subject to te Such cancellation � y 3 provisions of KMC 21.15.100(d) and (e). (4) Payments of rentals under lease agreement will be prorated to date of execution of installment sales contract and no further payments will be required under the terms of the lease. In the event of default under the terms of the sales contract, the parties agree that all payments made thereunder will be construed to be in lieu of rental payments under the lease, and lessee will acquire no equitable interest in the land because of the contract or any payments thereunder. (5) In the event of a sale under contract under this subsection, the following terms will be applicable: (i) The term of such contract shall be set by the City Manager, but it shall not exceed 15 years unless a longer period for a specific sale of land is approved by resolution of the City Council. (ii) The down payment required shall be determined by the City Manager, but shall not be less than 152 of the sale price. (iii) Such contract principal amount shall provide for interest at the same rate as the rate set by resolution of the City Council for credit sales © under a note and deed of trust pursuant to KMC 22.05.045(b)(2) above which is current on the date of execution of the contract by the City. (Ords 612, 711) 22.05.050 pit _a� gn as toed or ppbj ses (a) Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which said property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. (b) Whether land previously dedicated to a public use should be dedicated to a different public use or should no longer be needed for public use shall be determined by the City Council by ordinance which shall contain the new public use for which said property is ,to be dedicated or the reason the land is no longer needed for public use, the legal 22-8.1 (City of Kenai Supp. n13 - 11/9/81) F •,ram-_ . - 9 22.05.050-22.05.075 description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. (c) Any determinations pursuant to sub -sections (a) and (b) herein which pertain to tax -foreclosed property which has not been held by the City for a period of more than 10 years after the close of the redemption period shall also comply with the requirements of KMC 22.05.090, (Ords ._ 312, 640 ) 22.05.060 T�z1��3"ursP4�x��Ifis (Ord 312, Repealed Ord 612) - 22.05.070 PlQ���y Fxch.O�g�gs The Council may approve, by resolution, after public notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City property for property owned by another person subject to such conditions as Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange. (Ords 312, 588) 22.05.075 EY9PP.i�_.y�s�ls to Adi,�c�g}�p�,�g; The Council may approve, by resolution, after public notice and an opportunity for public hearing, the sale and conveyance of a parcel of City property at its appraised value to the owner of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such small size, shape, or location that it could not be put to practical use by any other party and, in addition thereto, where there is no foreseeable need of the land for any future use by the City. (Ord 588) , 1 (City of Kenai 22-8.2 Supp, w13 - 11/9/81) ES a w, _1A X 22.05.080-22.05.100 22.05.080 The Council, by resolution, may grant or devote real property no longer needed for public: purpose to the United States, the State of Alaska, a local subdivision, or any agency of any of there governments, for a consideration agreed upon between the City and Grantee without a public sale if the grant or devotion is advantageous to the City. (Ord 312) 2 2.0 5.090 ) t Xmr►t� c�.n. _fc�x� 1._ �t.'.t�hl i� a.�1.!. s (a) The City Council shall determine by ordinance whether foreclosed property deeded to the City by virtue of A.S. 29.53.360 shall be retained by the City for a public purpose. The ordinance shall contain the legal description of the property, the address or a general description of the property sufficient to provide the public with notice of its location, and the name of the last record owner of the property as his name appears on the assessment rolls of the City. (b) Properties conveyed to the City by tax -foreclosure and not required for public purpose shall be sold pursuant to the provisions of this section, X14C 22.05.030, 045, and 100, and AS 29.53.370 - 385. Before the sale of tax -foreclosed property held for a public purpose,.Council, by ordinance, shall determine that a public need does not exist. The ordinance shall contain the information required in (a) of this section. (c) The Clerk shall send a copy of the published notice of hearing of an ordinance to consider a determination required by (a) or (b) of this section by certified mail to the forger record owner of the parcel of property which is the subject of the ordinance. The notice shall be mailed within 5 days of its first publication and shall be sufficient if mailed to the property owner at owner at the last address of record. (d) The provisions of (c) of this section do not apply with respect to property which has been held by the City for a period of more than 10 years after the close of the redemption period. (Ords 456, 612) 22.05.100 Jip���h}�,^t�'�hY_3���n.��+P.Ls (a) The record owner at the time of tax foreclosure of property acquired by the City, or his assignees, may, at any time before the male or contract of sale of the tax -foreclosed property by the City repurchase the property. The City shall sell the property for the full amount applicable to the property r 22-9 o (City of Kenai Supp. v7 - 2/10/81) 0 22.05.100 i n a under the judgment and doc;reo with interest at the rate of �✓ 6% a year from the date of entry of judgment of foroelonuro to the date of repurchase, delinquent taxes annenned And levied as though it had continued in private ownership, and costs of foreclosure and nale, including, but not limited to, coats of publication of, notice and any conto aasociatod with the determination of holders or mortgagoo and other liens of record under A.S. 29.53.350(a). (b) After adoption of an ordinance providing for the retention of a parcel of tax -foreclosed property by the City for a publid purpose, the right of the former record owner to repurchase the property ceases. (Ord 456) I i 22-10 (City of Kenai Supp. 47 - 2/10/81 4 fto 22.05,030-22.05,040 the Option of the City Manngors (1) 13y negotiated aalo, or. (2) 13y outcry auction to the highest; r,onpotlnil,le biddor, or (3) By compotitivo soaled bids to the highont responnibio bidder,, (c) Tax-foreclonod lands not provioualy get; aside for public uuo ohall be gold without regard to, or obtaining, appraiaod Pair market value, either by outcry auction or by competitive ooalod bids, at the option of tiro City tanager, to the highest rosponoiblo bidder., Such sale and proceolis thereof chill be subject to the rights of, the former record owner and the Konni Poninnula Borough an contained in KttC 22.05.090, K14C 22.05.100, AS 29.53.370, AS 29.53.375, and AS 29.53.380. (Ords 3121 612) --22.05.040 61112 U260=1 (a) If the land to bR cold has not boen appraiaod by a ?ualifiod apprainer within Dix mont:ho of application for Da o or tho date of the offer or advortiaoment of land for oaio (whichever firat occurs), then the City Manager will obtain ouch an appraisal for a determination of the minimum price on Daid land. (b) Whore any party, hereinafter called "Applicant," roquooto that a tract or tracts of land be gold for which an appraiaai will be roquirod, which will require subdividing, platting, or ourveying and otakiny, or which will requiro (� advertioing or incurring any other expenditurea by tho City prio to fla .�f.--,-�--� (1) No action$ in preparation for Dale will be taken v by the City until an allrooment to purchaso Dhall bo YV Ar proporly executed and filed with the City Mann or for the purchase of ouch land with payment of sufficient goo4 faith deposit (which nhail connist of cash or itO , equivalent doponitod with the real entato brokor, if any, and if none wiLij tlto Finance officer of the City of Konai, an may be dotormi►ied by tho'City Manager, to covar all oxpenoeri of the City if t:ho applicant subnequontly failn to bid or buy thn land and tite land in not sold, and ouch agrooment; to purchasio lihell further, contain the Agreement by applicant to pay any additional cents if unid good faith doponit is innufficiont to pay all, cargo incurred by the City, (2) If at any *_tme during ttte procoun of proparin; for halo, tho applicant dives notice to the City Manager of withdrnwal of the recluetut for sal (�, tile CU41 tlanUJ®r shall otop all E�r•��c�-clur��rs, shall 1),,ly g%pfaclnen inutir r,ed 22-3 'rU7 Of Yenai ;f* hupp. 17 - 2/10/31) iI 22,05.040 prier to torminatio n of unlo procadssrou, and shall reimburse applicant for an yy good faith deposit advanced in excnas of all expons�osc incurred. (tlownvnr, if another party desires tho Bale to prorood, files an application for sale, oxecutec and filos an agreement to purchaoo, and advances nufficiont funds therofor, then the prior applicant will be roimburood for oxff)oncos charged which can be attributod to tho sutjnequent applicant.) (3) if all actions necessary for preparation for halo have boon accomplished, anti if neither the applicant nor any other party purchases said land when first offered for sale after ouch request, then all expennea incurred in preparation for the sale will be paid from tho good faith deposit, and the balance, if any, shall be returned to the applicant, if tho sums advanced as good faith deposit are inoufficiont to payy all of tho coats, the applicant will be billed for tho balance duo and normal collection procedures f ollowod. (4) If the land a plied for is sold on public sale act in response to aucK roquect to anyone other than applicant, then on closing of said tale the good faith doposit will be refunded in total to the applicant. (S) if the land in ��uoution is cold to applicantf the good faith dopocit advanced will be applied on the payment duo at cloning. (c) If the City manager known of no competitive f interest in the purchase of the tract of land proposed to be sold and if said tract is not 10400a land upon which substantial improvements have been mado, ha may negotiate the sale of said land gn)a after a one time publication in a nowapapor of general circulation within the City of a notice that it is his intent to sail said tract (giving the legal , deneription thereof) by negotiated sale unlesa he receives notice of interoot to purchase said tract from other parties within seven days after the date of publication of said notice, . ' (d) If it appears to the City Llanager that Moro than ono party might: be intoreatod in the purchase of tho tract prop000d to be oold And if said tract is not loasad land upon which substantial improvements have boon mado, or if aftor publinhing novice of negetintod male, the City Manager racaivos notice from other, parties of intoroat thoroin, then t:hn City Ranagor chall nut tho tract or tracts of land up for Salo, at his option, either by outcry auction or by competitivo tsoalod bids, 1f tksce tract or tract;n arc to bo 22-4 (City of yonai '3app, 47 - 2/10/01 01 22.05.040 I put up for ouch compotitivo auction or acaled bid sale, notice of sale and the manner in which the land is to be cold shall be published in a newspaper of general circulation within the City once each weak for two successive wooke not loan than 30 days prior to the date of shall such notice shall also be posted in at least 3 public places within the City at loact 30 days prior to the date of Salo, and ouch other notice may be given by such other moans; as may be considered advisable by the City Manager. Said notice musk contains (1) the legal description of the land, (2) a brief physical doccription of the land, (3) the area and general location of the land, ' (4) the minimum acceptable offer for the land (which shall be its appraisod fair market value), (5) the tormn under which the land will be sold, (6) any limitations on the Salo of said land, (7) the time and place not for the auction or bid opening, (8) any other matters concerning the sale of which the City Manager believes the public should be informed. (o) If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with a modification of proposed terms or for loan than the appraised valuation provided that no such negotiated sale for lass than appraised value shall be binding u on the City unloss the torma and price therein are approved gy resolution of the City Council. (f) Where a real estate agent furnishes a buyer or grantee for City land, the eloa ng agent shall be authorized to pay to said agent a real estate commission not to exceed 10% of the purchase price for the land or 10% of the a appraised fair market value of the land, whichever is higher, under the following terms and conditionss (1) The City Manager may grant exclusive listings of one or more parcels of land to one or more real estate brokers with the real estate commission not forth to be/ divided in accordance with normal practices of real estate brokers in the event that sale or conveyance is consummated. (2) If a parcel of land not subject to exclusive listing as sot fortis above is sold to a buyer furniched by a real estate agent, whether on negotiated sale or J after a public nale, then the authorized real estate 1 commission will be paid to the real estate agent 22-5 in (City of Kenai Supp. #7 • 2/10/81) M - �,_.�,fr�jR7�YM:�..:._w: a , , iY. fit. A , • r , �, n .. , , � a 0 22.05,040 furnishing said buyer by the closing agent on closing the transaction. If the parcel is subject to an exclusive listing and is cold to a buyer furnished by a real estate agent not holding such listing, then the authorized real estate commission will be divided equally between the agents. (3) If a parcel of land not subject to an exclusive listing as set forth above is sold at public sale, and the applicant who instigated procoduros for such public sale was furnished by a real estate agent, and the buyer at said public sale was a different party furnished by a difforent real estate agent, then on closing of the transaction the closing agent shall be authorized to pay the real estate commission set herein to the real estate agents eoncorned, divided in accordance with normal real estate practice as though the real •state agent furnishing the applicant had been granted a listing to the property and the real estate agent furnishing the ultimate buyer had furnished the buyer of the property. If the parcel is subject to an exclusive listing and neither of the agents as set forth herein holds such listing, then the authorized commission will be divided and paid one-half to the agent holding the exclusive listing and one-fourth to each of the other two agents. (9) Closing of sale of City lands shall be handled by a title or escrow company within the City which specializes in closing of real estate sales. (h) Conveyance of City lands shall be by quit claim deed furnished by the City, and buyers are advised that all such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or, deeds by which the City received title to the land. (i) If a buyer desires to obtain a preliminary commitment for title insurance or title insurance to the land, then it shall be the responsibility of the buyer to obtain such commitment or insurance and to pay for the same. (j) If the tract or tracts of land are sold under terms by which the City is to accept a note as a portion of the purchase price, the note and accompanying deed of trust must be prepared by an attorney, but must be approved by the City Attorney prior to closing. W Said note shall be placed for collection with a bank selected by the City Manager, which may be changed from (City of Kenai 22-6 Supp, 07 - 2/10/81 L% E 40 22.05.040-22,05.045 time to time, and which shall be the bank in which City funds are deposited. The set up fee to initiate collection may be negotiated as specified in KMC 22.05.040 (1), and the buyer shall pay the annual collection fees for such bank collection. (1) To enable the City to compete on an equal basis With private enterprise in lands disposal, the City Manager is hereby authorized to negotiate a division of the costs of sale listed in 22.05.040(g) (h) (i) (j) & (k) to a maximum Of 50t of the required costs being borne by the City, provided however that no costs of sale will be paid by the City whore a sale i8 negotiated at a price below appraised Fair Market Value. (Ords 312, 612) 22.05.045 Tgrms For Finansinn sale of CiU LaDda= (a) In order to expedite and facilitate the sale of City lands, the City Manager is hereby authorized to accept terms for said 841e0 and may accept a note secured by a Deed of Trust for a portion of the purchased price thereof except as follows: (1) If the sale is to a lessee who has placed a lien for financing upon the land, then the City Manager is not authorized to sell the land except for total cash payment unless the party holding the lien upon the land agrees to subordinate said lien to the Note and Deed of Trust to be taken by the City for sale of the land, and (2) Prior to making a determination to accept a Note and Deed of Trust from a prospective purchaser, the City Manager shall secure a grantee index covering the party desiring to purchase the land from the title company in the recording district in which said party recidos and also in the local recording district, and no credit will be advanced on such sale if there are any liens or unpaid judgments found in the title company report until any sr:ch judgments or lions are paid and releases therefor have been filed. (3) In the event of a credit sale, the down payment required shall be determined by the City Manager, but shall not be legs than 15S of the sales price. (4) The City Manager is not authorized to accept terms for the sale of tax-foroclosed lands unless the down payment to be received thereunder, or other sums appropriated for the purpose, are sufficient to make 22-7 (City of Kenai 8upp. 013 - 1119181) "?k CITY OF KENAI Oil G Pdoad 4 4i4aa Ol P. O. BOX 110 KENAI, ALASKA 09111 ISLIPHONI M • 1111 May 4, 1983 MEMORANDUM TOs Wm. J. Brighton, City Manayor Kenai City Council Momborn FROMs Jeff Labohn, Land Manager REs Section 36 - Offer to furchane 3 A D, Inc., reproaented by ERA Property World, Inc., hoo submitted a written offer for the purchnao of city lands within Section 36, T6N9 R12W, S.M. An earnoat money contract for Bolo in the oum of $1,000.00 fine boon filed with the City of Kenai. Kenai Municipal Code Title 22 defines the proceno which govorno the diopoeition of city -owned landa. The booie atepo outlined In the code are no followas It Determination by the City Monoger whether a competitive interest in the purchnno of a tract of land currently exiate. 2. Diopooition of land by outcry auction or competitive nealed bid, as determined by City Manngor, If a competitive Interest exiate. 3. Ordor an appruiosl to determine the fair market value of land to be sold. 4. Advertido the halo undor the time frame opaeifind by the Code. All required and oupplomontal information to be ineludod in the notice. 5. Dioponition of the proporty to the highoot bidder meeting or exceeding the minimum acceptable bid. Administration Commentss 1. A competitive intorent in the purchaise of tha city -owned lando within Section 36 dean oxiat. i I I i i ti ,I 2. City -owned landa within Snot ton 36 oonniaLn of 335.34 acroa m/1 per State of Alnnka Pntent. No. 4731. (307.011 arrow c©neidering public onoomenta ronorved by the State). 3. An apprainnl hna tint boon ordered with rognrd to city -owned lando within Section 36. ltowevor, a "letter of opinion" won accomplinhod by F'rykholm Real Fetato Apprninnl for thin f property. The mnrket. value oatimnte no of Docombor 21p 1901 !, was determined at botwoon $2,750,000 - $3,250,000. { 4. The Kenai Municipal Codo doon not prohibit the oubdiviaion of any city-ownod lnndo prior to diaponition. I JL/dg i ! i - i i E i 4 - -A i f. .�� r ` ' CITY OF KENAI tod Gap" 4 4a" P. O. SOX $80 KENAI. ALASKA 996 11 VILIPNONS IS! • 7636 Received of Jerry Andrews, offer to purchase Section 36 of City -owned lands, Earnest Money Contract for Sale of Section 36, offer to purchase Govt. Lots 1,2 h 3 in Sect. 3, and Request to - City for listing of property, on May 30 1983 at 5s00 PM, Tr - he o an, y Lerk i a� �i v 4 i U. a -1nne City of Kenai City Manager Box 580 Kenai, Alaska 99611 Dear Sir: In accordance with the ordinances of the City of Kenai deal- ing with "city - owned lands" , Title 22. We, the undersigned do request written listings and approvalto represent the City of Kenai owned lands not presently listed with another broker. Section 22.05.040 (f) (1) indicates that that the city manager may grant exclusive listings of one or more parcels ..... Sincoroly, '- Douglas A. Kaj ' Broker DiAK/dm RAC -PROPERTY WORLD, INC. ().130x I ,f, urnt-r o! spur & Winim rn.ti, Al,ttika'►901 :ach office +ndelwndefilly owned And o{HPrated. 907-283-4888 0 i I - ° +��ililf�l�Ifjiii"�►iii��rifAliii�ifi�Fitoria7 r . J CA1t1111,31' MONEY COIN RACT Pit f1A1,1; Of' REAL I." l'A'I I', filly 19137 hetutl, I�tltka FRA i'R0111/1 I'Y WORLD, MC. acknowlodgen recoipt front J 1. D, INC„ berninaft.or callad Buyer, of rho auto of OUP T1101MAND AND NO/100T118 DOLMRS ($1,000. )0) all de!cant to npt(►1yy on the purchnne prise of the prop(rrry of Late U 7 0y KR1AI, a municipal corporation, heroinnftor called seller, naid property being aiuuarud in U►o Konnl Recording, Dintrict, 'Third Judicial Dintrict and lelSoLly doncribod (to follownt SECTION THIRTY-I1IX (:ifs), 'TOWNsilil' eo Ao0VoW '-6_ ItANCI; A' i-wTi nuiTdr'nn, Konul�ffiiior�ling fir e; '1Is''i`rcI"" .Judicial Dintrict, €unto of Alanka. which seller hereby aKreen to nell to Buyer and Buyer hereby agroon to buy from Sellor, for the prica and upon the torma and conditions no follows: 1. Yull purchano price in ONY. MILLION AND 110/100THS DOLLARS (01,000,000.00), payable as followat OUP IIU14DRFD YIP'TY THOHAND AND N0/100TN8 DOLLARS ($130,000,00) down at time of cloning of thin trans- action, of which the above deposit shall appply an part, and the balance of. 1350,000.00 payabl0 in twenty (20) annual installmontaI including, interest thoroon at the rate of TN.,N YI;RCI: T (10%) per annum, with pro - payment privileges without penalty. 2. Buyer shall purchano a too title insurance policy, ut:yualifiod, except an provided in pnragraph 6 and except as to right of persons in ponoonsion, matters of survey, and unfiled mochanics' liat►n, on naid real property in the full nmount of the purchase price of the real oetato, such policy to be purchased from a source and ionued by an insurer reasonably acceptabin to the Buyyer and designated by the lender if there in inati.tutionnl financing, and the Buyyor shall pay the roanonablo policy premium at or before trio closing, A written binder for nnid insurance olsnil be delivered to Buyer or bin attorney at leant ton (10) daya prior to the cloning date in paragraph 9. If the title be found to he unmerehantablo, or if Buyer cannot procure a binder for ouch a fee title insurance policy an in heroin provided, Buyor or his attorney, shall notify the Boller or his attorney in writingg, prior•to the dnto sot for closing thin transaction, spocitying the defects which oxist with respect to the title to tine proport and Boller ahnll have a p{�oriod,of. one hundred sixty (160� days after receipt of oust, written notice within which to cure said defocus in title to the reasonable natiafaction of the attorney for Suyer, or the tir.lu lnournnce company, if title insuranco is being, used, and thin sale shall be cloned within ton (10) days after written norica of dish curing, to Buyer or his attorney, Upon Sellur'o failure to cure detects, of which written notice has been given, within the time limit aforouni.d, the deposit thin (Jay paid shall, fit the option of Buyer, be returned to lWyer upon ds►nand, nod all righto and liabilities arising, ltoroundor shall terminate, or �IJ !i �r � � Mid%' � �N• ✓+ - r . / . f .. f .s. . t�1F., �e .i 'rR•�.r-svrw'ttr+us•n•• ,••.lJ•jiiMV•Irr' .qwY,•, ru,w.rr.wwrw,w•.w...r•...w.wY.IYN,4MY• I itiiY1!'+:' 4�rlh r''U jnY{r "+Zs"ij71f6� 14 , r j 1QMtF!MgA1A i,uyer may, a1 Iln opt lon, aluao thin tranonctlun in Lhr nruua sunnurr its If no such defer t. hod 1wErta round. 3 lluh,ject, to Out nfortuotid eurnt.lve period, this( nalt, shnil bo cloned and tho (leerl shall be delivered on or before t:he / riny of Owl, and Seller agroos to dolivor utuis;pnney rind 1),on on of nnid property to Buyer at cloning. h. Recording fain, attorney'n food for preparing cloning, documents, otscrow closing fee it, or tiny other foes noeeasnry to the proper cloning of thin trannaction shall be paid an fol.lowns (n) Snitors Otte -half (1 (Is) Buyer: One-half (I/2 9, Upon payment of the cash downpnymont lit closing, Sollor agrt+os to conveyy t.it la to nc�r aforanaitt pro tporty to liuyer, or its nominee, Ill 0. !lox 580, Konui, Alaska c!l611 by warranty dead Free anti clear of all liens or encumbrances except: (ti) Rentrictions, which are not accompaniod by a r reverter, and zoning ordinancos of record, if any which do not intorfero with the une of nnid property for ail ptirposes not inconsiatent with zoning, already in existence. (b) Public utility onoomonts of record, provided I said eanamento are located (Hong, Lite aide or roar lines of the above described property and are not more than ton (10) fact in width. 6. If Buyer foils to perform this contract, the deposit thin tiny paid by Buyer as aforesaid shall be retained by or for the account of :collar an conaidaration for the execution of thin agrootnont and in full settlement of any claims for damages, 7. If Sollor rofution to perform this Agreement, the I aforesaid deposit shall, at the option of Buyer, be returned to Buyer upon demand, and Du or shall not thereby waive any right or remedy it may have goeauno of ouch refusal, 8, If the Buyer dontron a survey of the property, it may have the property surveyed at its expense prior to closing 1 date, If the (survey shown any encroachments on the land heroin described or that the improvements located on tho land heroin dencr.ibed encroach on other lands, writton notice r to that eifoct shall be given to the Sollor and Steller shall have the same time to remove ouch oncronchmento as is allawod under thin contract for the curing of defects of title, If the Seller shall fail to remove or turn said encroachments within said period of, time, than the deposit this tiny paid (shall, st the option of Buyer, be returned to Buyer upon demand, and all rights and liabilities horeundor shall tortsinato or Buyer may, at its option, close thus trannaction in the same manner no if no ouch defect had boon founts, 9, pursuant to 22.05,030(b)(1), Buyer requests that this sale be negotiated, 10, That the Sollor shall obtain an appraisal pursuant to 22,05,0100, IL, Bayisr ngreen to pay all oxnenses of the fleller pursuant it 1 it ,� .+tom ��' v+Y► '• Gtn1 IF oil .•,e �l 4,,pq,,,5a rv. ,Ird r(i„ 3b I"'. , 1 II In Q 011 04,I(b)(1) II' the Igtlyur fella 1"1) bill or buy rile 1511111PY1 lr 1'llp4/l•1 y and II11, l'iell 111 Ilot- fill]]], 12, I'hn1 the :1e11er Illowl, of no eoalpetit.lve intcront for t.ho untrlulne of ou, f,Ilb,j41vt propart.y In cone trrtct. The if Ittslut� 1 he by nogo1;1 1.letl ai'tar one publ icarlan purelsant to 72,05,040((;), 13, In 1.11tt event, the Ullar finds that, more than one r,•R-v,. ,alr,:uuu'. 1 party Ili lnteron►od thou the nubjSect: property nhnll be sold at otster•y auction or by compotitl.vo t101,1041 hide pnralsant to 22,05.040(d), 14. That 1hil]or shall pay to IWA property World, Inc, a ton pt)roont (10%) commiaal.on In accordanco with 2/.,05,040 (P, 15, liuyar ohlti I. prey tilt) annual, bank roe for collection of tine auto and Dt)ed of rruat dascribad above in accor4lnnea With 22,05,040(h), 16, Buyer and ]teller agree that the torms anti eondir,iono ol: 22.05,045(a), (n-1), (1) and (1) -1) are made a part of this ' I.'i]nri(� agroamont by refaronco an if not forth in fell , •, �, elf/, + a Irr'ip t // ' ' i ♦ �.•i' J 1 y ,,, ;,•' , ,.,.'r �1 , •'� f r El. qr /,llflri,/r;IJ /fi �•4!;4"���<if 17, buyer aha11. he entitlod to artial rolonnoo of the , oubyoct property on rba haain of .f10,v00.00 par acre of bluff property and 04,000,00 for per acre all nthor acrea oubjact ;:; .1,�1,,_,:� '„ ,,,„ �;R, .•. ., to bo roloaaad, hortever, ghat. the antitlamont to ouch partial roconvoyancoa 1h411 be aonditionad upon the following: (a) lie port or portion of the manioc received by bonefiofary an it downt,aymant, at time of cloning of ?�r •'i,�7;,r f Fir'',,°tff r f% ;�':; J this transaction, shall apply toward the partial re- • , 1r „ conveyancon daocr,ibod abovo. (b) All sums applied to from the annual in- + rflrincipnl tooardethopparttial rooconvoyancoo doocribod above, (a) 0alection of the particular acre to be partially reconvoyod shall bo rondo ooloiy by Truat•Or, All oxpanaaa in connection with such partial roconvoyancoa ahall be paid by Truntor, (d) Truntor ahall provide at ire sale cast and expanse all oarvoyingl, platting„ enginoorl,ng, and preparation of maps and pieta notsonanry in order to properly identify the land to be partially roconvoyod, acid wwwaying, plar.tingg�� and onginooring ohall include the ocluaro footago nnPnr acroaga in ocsals lot ar parcel, to boartialiy rocanvoyed, Ail. bitsff lets 011411 have a 190 foot tlotbaok, � jyMr+w�il (a) At Lila Limo of cho partial roconvoyancoa, Truntor shall not bo in defalsl,t undar the provisions of the • " •''' Proml.soory Unto and Dood of Trust whkh it t4ecuros, and ail rtl•,�monto of inrarotec and principal duo under name sisnl� f,ave boon paid, ' lli, gin anroomonto, unloatt Ineorporatoil in thio contract II /%„r. ,•,..r �7S,•�:..;,,, tr•'/.2'7r{:• , .'t '� ,A ��Jfi4'rt's✓�.A�'.'1Ei sI►' �7��"�i�"�s'�e i I ■ ., ,I IJL r.";9;sY;9{i+�w �;?��+c, �.sr, .,,:�. r�rji r�r....:•: r,ga•J�r' ... shall he bindlills upon ally of the pit rtIUri , I 19, Thu covenants hurol.n containud shall bind, and the bunuftt:a and advantallon nl all Inure to the ronpoctivo hairs, i executora, administrators, auccenaorn, and annigna, of the parClon hereto. Uhunever used, tho nlnt;ular number shall include the pplural, Lite plural the ainqular, and the une of any gender ahall incluclu all }lenders. THIS 16 A LFGALLY IsMDING CONTRACT. 1F NOT FULLY UUDEIRSTOOD 811,11% CONI't•;TI:NT ADVICE, I I Executed by Seller on the day of 19t13. Executed by buyer on Clio rj _ ([fly of. 1983. i I Executed by Broker on the ` clay of 1983, I CITY OF KENAI I By I -I Title a At D, INC, By title �it�tid�,rf ERA Y fl F,RTY WORLD, INC, By Title a -4- . it YAWtali; rr ."/, f: f, . •r llrrs -4•s.. r'� rYA,� R ,�.,� ♦�� t� {•�•��a.�s,,,.�� r . w , h ;��J���ii1� J�". Y;i �'�t7••�1rLi7rf+�`/.'�.6ii'l-T�4�,S7J"Pi�wij3"►w�'+Y'�is. i •o May 3, 1983 City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Bills Please find the enclosed offer to purchase lands owned by the City of Kenai. This offer and registration of Douglas Keating of ERA Property World as "agent" as defined in title 22 of the Kenai Municipal Code substantially meet the requirements of the code. We believe that competitive interest in ownership of the parcel exists and that if the applicant aquires ownership a 10% commission will be paid to ERA Property World and that if a sub- sequent bidder represented by another agent is successful at ac- quiring the property, the fee will be divided equally between ERA Property World and the other agent. Sin er ly, Doua as Keating Broker - I t encl. DAK/dm f 1'f 6 ERA' PROPERTY WORLD, INC. P.O. Box 130 . - • Corner of Spur & Willow Kenai, Alaska 99011 Each office independentiv owned and operated. f f y i F 907.283-4888 Jl� , N `. rid m.fM PROPERTY WOALO/INO. o :.t �"wiw 113 fitA RECEIPT and AGREEMENT to PURCHASE s r •. _,- ..`?tit .• .. ... ...,. O,i no m. areas' O5' D 1 rvaex„e • eufirW laarlaaa•raao Listing Phone selling P-24 prnParty-Se1nx 7tI Peon. 221-ARRA +g RECEIVED FROM. Rivor Hillft Cnrp Add,"" P_n, _Box 1569t , Soldonae Al•w_rts 99669 --a)T1 dnegum of One Thousand alon.76 is l,one.eo,00ner. a a deposit on and part paYmant for the fast pOO"tr aftd improvements thereon It1Wrad in the KAna i acord i no n i ar r i f+f• State of Alaeks: describe as: rQW#f- Toot- 1 2e i 3 in Race -1e TSHa R— 11::-r 8 a III,��, S 8 - sad all fontures and arefgment attached to Ind a hart of Cho above deWAed property, lad the personal property aho to beleft upon the wemees, doMftbed man kwentoty as part of tho Ifwing ograenent, which Property the parer of the above deposit hereby agrees to buy for the total price of E 12 0 a 000 • 00 On which arm ter above deposit"" apply ,chMe twlm era. $18,000.00 nnWn and the h•sldnnn of $102,Onn nit pauabja at $984. 32e Qr m ore-,� pow nn h ineltiding-1 unpaid balance. Purchaser to pays Appraisal Coat, 4 of Cost_of ringingin Esernv, mi*1a Insurance, Annual bank collection fee. PouthelOn$hall be gran to buyer on closing Or P69AAasion on eloaina_ I-;H $ el10wed from date of MIIIf's KCeptsnea tar $such of Visa and conviction of pureness. /t title proves good and purchase a not tOngleted Coalition, pwWd, flea 4W Gpo4t shall be forfaftad by ourchoW. 2. This taco is made by said agent wbiact to the owner's epprogl. If a sMowd the owner wdl fu/odh a good and sufficient stationary deed, and a showing of fees title dew of WKUM SfIM,except conditions, rnerktem, reevationt and rtgttsof wsv of record. 3. In die vent the improvements on the abort d"et.bod real Property that, be destroyed or materfallY domapd woof to comYlnenofron of this pureleer, Clore contsect shall at p WchtMff's efectgn immedtataly bacon, null and vote sad fad deposit 0611 be returned to purchae on dMnand. 4. This wrriN coritanif the entire agreement. Terra we no offer undeanandrap, Ora, of WIffs , Which in any a~ . 9 W efnarge What Is sat fortis Main. The Plural 111111110 ineluda CM arnhgaw• S. It Is mutuelty agreed by fill parties hereto, that Cad agent is outhofrad broker and Pram of the wllw M "potation of this sgrtem"I but ter said spat shelf not be held liable in any fnerine, whomsoever from damages, seeing from Mauln of acts by, cr upon the part of sither party to the agreement S. Tom, initnst, ImuranO Sold propatd rents to be prorated. CON Of dead and P014Y of title inwtwlce to be turn~ atd pad fa by Miler. Ewory test to be divided oquslly bft~ buyer erld what. T. TM sailer sprees that ter buyers shall her Me pnrflpo of paying any part of all of ter unpaid btan aee dire to the M W at any I'm/ so W4 at they pay the belana t0 ter Mlle at lent w soon es Provided S. The sower sprees that the buyers shad bare ter right to fissigh erg to $01, of Otherwise dapple of Maw Interest a the above dowAed property twMow notfa to the w11w. B. Tw I; ter,eersoo Of On cdnoaa bid and w spent may, *about nonota, Intend far a period of not to exceed �._ the time for ter pwfalnanu of arty act hereunder #now the taro for the acceptanM ce oot by settle.rs 10, Bow and $leer hereby SWOWito the Wromg nstaul on to furnish Brekw Agent with closeng statataerns upon request. Silver and selfer ardhwue ■ 1ancloo, eeaOW spats and aW*Ws to furnish the kstng snd/cr SWM apems, on request, any and all tMormsoon and copes of documents, concerning the status, progress and fires disposition a: loam. aedt; apwais* tisane carrfiyaneAtg; and any other not« fatted to par ad&. 11. Deed star be drown in tie name$ of: Rimer -Hills corporation YAME Of SEIt.IN6 fIRM-�. 4rO�CZt�jfi' S7o — __—_ _ AO i FOR A ELUN6 fdtM at►no 10100 We , to purchase and pay far ihr above described propedr on tie tertM and condmpns tanner stetCd lSrcetq over of this agreemard ,s hereby od 1/WauderttandtMlt$IttpltvbrndingWfrM Sadagont N hef•IbygrantM lhota lusrNarld-eWcabyrghf tot �9----daylbomdaMto ObselnanKetpflnclOfthisOtter lerhrprmrchsoatseposotarellbe urned lfacceptedbythesener I Wohereblop"ni our pad hid 1**Ul OtIMMV to Met Preparedon mylouf btm .all ,gal dKurMnfa IeCessarY ro comBuyer Praw tens tIM{aetfM —� BuwRiYer_ Hills -Corporation by / — --- --- - - AC EPTANCE BY SE LI pt VWe SeCathe fere""offer ee m andagrsM enawnwsslMp•apMydMtdledon Chaferms co nddeMhnrtnsfMW i WauMnuandmf$tsafpNlrbrnling contract If the estate not cpnpleted IrWe agree firYay tot tale rnsu/anea TM depositlmnMOonld hera,n shall be reteried by the above leaf estate hrm,n ion fruveea.AWof unto Mrs transaction is omovicied,or ont.8 sa�ddepoild istwtededor rltuo"We as herein Wnr.•fed owmer notation ocAnowlodget he list beer /dwaed to &4v% coWlYl of tan att011eer co, CoWed Peppin:Accountant tot encode tax Can fOf transactions 11yyHbparfptaWAh(O this ativNlnamed /RJIffease l•rm.aCOm+�•sMIM1MMtMtMgfr$ /L" -___ tp eafr<e{faM/lldathr$rrMfKl,On in/Merwnt o1l/Meduon dfhadepovtasabooverworoMd ml Hdrsewridfhallbe fN4ioo lHadiedbyiher/al estate l•im lOtiNatlent Otter aryeN •iflott(omm,ssren to/h/1Y if any s Valff rIawMwrreNHteeleHarelrm/,ipev a,/f illnrreshwyee,tM1 01NIe1Me.perle illw•.•1m,q tre•fYnclelfdl!0oitowd,ryllry /MnrMrtulSWT.ps d any of wall of airy ,mufOtances o.r sad wem— navoble by me at or Ware closing f acsnOWiedga eece,w ut a copy of In Iarresf moor tecihw beari,tg my f,gnatiwelsi and that 'A the purchaser named show I We%"#by appoint _ _-- __ _ nur, flue- and,awtu/ attorney to now pfetu,ed on mr aw behalf oil "of ducwtennnlceswr tocomptem fh,s flansattell Gated __-_—__ — -- . _ _ _ _ -. Se•rer - - - - - Salle. Pl1RCMASER acattirwvle,lpes receipt o1 fete Ierego•ng ,nsftueent Mating n•w sgMlwa ate iwof ,d ter salt., shpryrrtg Keeptsirce ---- - - — an•ytw5• DACE IF IVY INU C IL AA IV IL Ae IL IE TAIF E A®IIP F IV A0► USAe IL Throughout the Kenai Peninsula Box 1413 • Soldotna, Alaska 99669.262-5822 January 6, 1982 Mr. Charlie Brown, Finance Director City of Kenai P. 0. Box 580 Kenai, Alaska 99611 RE: Letter of Opinion expressing the range of value concerning three parcels of City owned land. Dear Mr. Brown: As you requested, I have made a preliminary study of the above referenced property as of December 21, 1981. This preliminary study consisted of an inspection and cursory review of the mar- ket. It should be clearly understood that an appraisal has not be made of the a eve referenced property and that this letter does not constitute -an appraisal report, nor snouic it in any way be construed as same. Based upon this preliminary study, it is the appraiser's belief that if an appraisal were made, the final market value estimate would probably be in the range of value expressed below: Parcel I "Daubenspeck Property" Legal Description Attached $1,100,000 to $1,300,000 Parcel II "Beaver Creek Property" Legal Description Attached $ 90,000 to $ 105,000 Parcel III "Section 30 Land" •�_ Legal Description Attached $2,750,000 to $3,250,000 Total Property Value $3,9.10,000 to $4,655,000 1 �• h r t It should be clearly understood that tho range of valuo approximatod heroin is subject to adjustment upon c;omplotion of an appraisal. If I may be of further assintanee regarding tho above referenced subject, plea do not hostitate to contact me. nos uubmitted, FlW VOLILAL41STATE AMAISAL a .: - B a X MEMO .a TOs File FROMs Tim Rogers, City Attorney u REs Sale of Section 36 DATES 5/10/83 It is required by KMC 22.05.030(a) that a1q lands listed for sale by the City Manage; must first have been determined by the City Council as not be4equired for a public pu'pose after: which they may be sold under KMC 22.05.030(b) at notless than:ehe fair market value pursuant to various options of the Cit" Manager relative to negotiated sale, outcry auction, or competitive sealed bids. J The sale procedure set forth in KMC 22.05.P40(b) is applicable to Section 36 since those lands will require fppraisal, subdividing, platting, surveying and staking, advertising, and other expenses which are required to be the subject of anu'agreement which will include a clause for payment of sufficienx good faith deposit to cover all expenses of the City in preparet4on for sale of these lands as well as a clause binding a prospective buyer,to pay anysf'` additional costs beyond the deposit. Whijg,a great deal of discretion is placed by the ordinance as the City Manager to se this amount, the ordinance does state that•bhe amount -shall be o :. cover all expenses of the City if the languis not sold. Since there appes,-10 S a competitive intpfest relative to these lands, the provisions of KMC 22.05.040(e)z9re not applicable. Since no sales relative to Section 36 ar$;8oing to be.negotiated due to competitive interest, minimum acceptable offers: shall be appraised fair market value with conveyangp by quit claim deed pursuant to KMC 22.05.040(h) rather than KOC- 22.05.,02Q. The liberal financing terms of KMC•22.05vOKg which allow the City - Manager to authorize a note secured by degd�of-trust, -a down payment of as little as 15:, and a term of up to 20 ye-ars should be implemented in a manner consistent wibh-what is in the best interest of the City. Furthe£more, this;eriteria should also be utilized the City Councill4 etting an interest rate for deed of trust not . I am not yet aware whether Section 36 lands are available for sale pursuant to KMC 22.05.030 which requires a determination by the City Council that such lands are not'oequired for a public purpose and their listing for sale by thelCity Manager. This code section would seem to relate also to KMC 22.05.050(b) which would require a determination that such 196ds were no longer T, =p Y t n needed for public use to be determined by the City Council by -- - ordinance which ordinance would state the reason the land is no - longer needed for public use among other things. --ram present overture is from ERA Property World, Inc. on behalf of the proported corporation - J do D, Inc. would appear to require a determination by the City Manager insofar as the sufficiency of the $1,000 ERA maintains has been deposited with them J & D, Inc. T JR/md I i I I I I t � t f � I z � . F J 'r1 • 11