HomeMy WebLinkAboutResolution No. 2017-72CITY OF KENAI
RESOLUTION NO. 2017-72
Sponsored by: Administration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE
PURCHASE OF REAL PROPERTY DESCRIBED AS LOT FOUR (4), BLOCK FIVE (5), EAST
ADDITION TOWNSITE OF KENAI, AND DESIGNATED AS KENAI PENINSULA BOROUGH
PARCEL NUMBER 047-115-02, FROM LARRY E. MARSH AND CAROL J. MARSH, FOR THE
PUBLIC PURPOSE OF INCLUDING THE PROPERTY IN THE BLUFF EROSION
RESTORATION PROJECT AND DETERMINING THAT PUBLIC INTEREST WILL NOT BE
SERVED BY AN APPRAISAL.
WHEREAS, the subject real property is described as: Lot Four (4), Block Five (5), East Addition
Townsite of Kenai, according to U. S. Survey 3025 A & B, Kenai Recording District, Third Judicial
District, State of Alaska; and,
WHEREAS, the total purchase price for the subject parcel containing approximately .14 acres is
$1,400.00, plus estimated closing costs of $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 whose parcels have been identified by the Department of the Army, Corps of
Engineers as being needed for the construction of erosion -control structures or to provide
permanent access to support the bluff stabilization project; and,
WHEREAS, the Lower Kenai River has eroded the Kenai River Bluff through the Original Town
Site of Kenai at an estimated rate of three feet per year, causing the loss of public and private
infrastructure, buildings, and lands; and,
WHEREAS, the subject parcel will be included in the project to stabilize the erosion of the bluff at
the mouth of Kenai River; and,
WHEREAS, funds are available for the subject parcel purchase through Legislative Grant 12 -DC -
377.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council hereby authorizes the City Manager to purchase the real
property known as Lot 4, Block 5, East Addition Townsite of Kenai, according to the
official plat thereof, filed in the Kenai Recording District, Third Judicial District, State
of Alaska for the total purchase price of $1,400.00 plus estimated closing costs of
$510, on a form approved by the City Attorney, to be retained by the City for public
use.
Resolution No. 2017-72
Page 2 of 2
Section 2. That the Kenai City Council further finds the acquisition of the subject parcel to be in
the best interests of the citizens of the City of Kenai and that the public interest shall
be served by its acquisition for the total purchase price of $1,400.00 plus estimated
closing costs of $510, in accordance with the recitals above which are incorporated
herein.
Section 3. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of December, 2017.
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MAYORBRIAN GABRIEL SR.,
ATTEST:
Heinz, City
Approved by Finance:
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'Villaye with a Past, C# with a Future"
MEMORANDUM
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager,7.o-
FROM: Matt Kelley, City PlannerAx
DATE: November 29, 2017
SUBJECT: Resolution No. 2017-72
The purpose of this communication is to provide additional information in support of Resolution
No. 2017-72. The proposed Resolution, would appropriate funding for the purchase of real
property described as a Lot Four (4), Block Five (5), East Addition Townsite of Kenai, according
to U.S. Survey 3025 A & B, located in Section 5, Township 5 North, Range 11 West, Seward
Meridian, Kenai Recording District, Third Judicial District, State of Alaska consisting of
approximately .14 acres.
The subject parcel is located along the Kenai River bluff, and is being eroded away due to erosion
of the Kenai River Bluff. The subject parcel has been identified by the Department of Army, Corps
of Engineers as being needed for the construction of erosion -control structures or to provide
permanent access to support the bluff stabilization project.
The agreed upon purchase price as negotiated with Larry E. Marsh and Carol J. Marsh, as
authorized by the City Council is $1,400, and estimated closing costs of $510.00.
Funding for the purchase will be provided through Legislative Grant 12 -DC -377.
Attached, please find an aerial photograph identifying the subject parcel.
Thank you for your consideration.
KPB Parcel No: 047-115-02
Owner: Larry E. Marsh and Carol J. Marsh
Acreage: .14 Acres
Zoning: Central Commercial
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 Larry E. Marsh and Carol J. Marsh, hereinafter called SELLERS, as Earnest Money on N/A
(date), in part payment of the purchase price of the following described real property:
Legal Description:
Lot 4, Block 5, East Addition Townsite of Kenai, (KPB Parcel No. 04711502) In the Kenai Recording District, Third Judicial
District, State of Alaska.
The total purchase price is $1.400.00, payable as follows: $ 0 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; (50/50) = 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
RECEIVED
CITY OF KENAI
OCT S 0 1017
PLANNING DEPARTMENT
WARNING: IT IS PURCHASER'S AND SELLERS' RESPONSIBILITY TO SEEK AND CONSULT
WITH OWN INDEPENDENT LEGAL ADVISOR, TAX ADVISOR, BUILDING & SOIL INSPECTOR,
LAND SURVEYOR, WATER & SEWER ENGINEER, OR OTHER APPROPRIATE ADVISOR FOR THIS
TRANSACTION AND AT THE SOLE COST TO THE PARTY REQUESTING SUCH SERVICE(S)
UNLESS OTHERWISE STATED ABOVE. SUCH SERVICE OR DILIGENT INQUIRY SHALL BE
COMPLETED WITHIN 10 DAYS OF SELLER'S SIGNATURE HEREON OR ANY OTHER TIME FRAME
AND MUTUALLY AGREED TO IN WRITING BETWEEN SELLERS AND PURCHASER.
1. The title is to vest and read: City of Kenai (❑husband and wife, ❑ married, ❑ unmarried,)
2. Sellers agree to furnish and deliver to Purchaser as soon as procurable a purchaser's policy of title
insurance to be issued by Title Company. If the title cannot be made clear as aforesaid within 20 days
from the issuance of a preliminary title report, Purchaser may cancel this agreement and Sellers must
refund the earnest money. It is also agreed that the Purchaser may waive defects or require the price to
be renegotiated to cover any defects or encumbrances at the Purchaser's sole discretion without loss of
the earnest money refund.
Purchase and Sales Agreement
City of Kenai/Larry E. and Carol J. Marsh
Kenai Peninsula Borough Parcel Number: 04711502
3. If title is made good on or before closing and the Purchaser neglects or refuses to complete the purchase,
the earnest money may, at Sellers' sole option, be forfeited as liquidated damages, which shall not
preclude any other remedy available at law or in equity,if any.
4. The property shall be conveyed by WARRANTY DEED free of encumbrances except for rights
reserved in federal patents or state deeds, building or use restrictions general to the district, and building
or zoning regulations and provisions shall not be deemed defects nor encumbrances. Any defects or
encumbrances may be discharged at closing out of the purchase money. Warranty Deed shall contain a
reservation by Grantor of all oil, gas and mineral rights.
5. Taxes for the current year, rents, interest, 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. Subiect to approval of the Council of the City of Kenai
8. The sale shall be closed in the offices of Professional Escrow Services on or before 30 -Days after
approval of the Resolution or Ordinance approving the purchase by the Council of the City of Kenai.
"Closed" shall mean the day the deed of contact is recorded and funds are to be disbursed.
9. Purchaser and the Sellers will, on demand of either, deposit in escrow with the closing agent all
instruments and monies necessary to complete the purchase.
10. There are no verbal or other agreements which modify or affect this agreement. Time is of the essence
of this agreement.
WHEREFORE the Sellers and purchaser being in accord do bind themselves hereto by their signature
hereunder:
PURCHASER:
City of Kenai
Its: City Manager
Telephone: (907) 283-8222
Fax: (907)283-3014
E-mail: postrander n kenai.city
Address:
210 Fidalgo Avenue
Kenai, AK 99611
SELLERS:
E.
ME
Carol J.
Telephone:
Fax:
E-mail: IGirr�mG�]Ctc ^,i1�.
Address: /
24380 Yukon Road
Kasilof, AK 99610-9662
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