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Home My WebLink AboutResolution No. 2018-16Sponsored by : Administration CITY OF KENAI RESOLUTION NO. 2018-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS A PORTION OF GOVERNMENT LOT 7, SECTION FIVE (5), TOWNSHIP 5 NORTH, RANGE 11 WEST, AND DESIGNATED AS KENAI PENINSULA BOROUGH PARCEL NUMBER 047-119-01, FROM THE LANCET ANN BOYER TRUST AND JAMES E. JOHNSON REVOCABLE TRUST, 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: PTN GL 7 BEGIN @ SW CORNER LT 2 BLK 7 EAST ADON TH S 0 DEG 8'E 302 .6 FT TO POB TH S 0 DEG 8'E 202. 77 FT TH N 60 DEG 30'E 15 3.33 FT TH N 65 DEG 45'E 590.7 FT TH N25 DEG E 419 .79 FT TH N 0 DEG 7W 80.79 FTTH S 89 DEG 53'20"W 497.46 FTTH S 5 DEG 33'15"E 28. 47 FTTH S 61DEG39'30"W 2 16 .93 FT TH S 65 DEG 6'W 105.98 FT TH S66 DEG 40'30"W 322.9 FT & THE POB, SECTION FIVE (5), TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MER IDIAN , KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA. WHEREAS, the total purchase price for the subject parcel containing approximately 4 .38 acres is $4,200 .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 Departmen t 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 the public interest would not be served by an appraisal; 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 an d 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 parce l purc hase 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 a Portion of Government Lot Seven (7), Section Five (5), Township 5 North, Range 11 West, (Kenai Peninsula Borough No. 047 -119-01) for the total purchase price of Resolution No. 2018-16 Page 2 of 2 $4,200.00 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 $4 ,200.00 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 adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. ~ tJ -~~ BRIAN GABRIEL SR., MAYOR V 1 EARNEST MONEY RECEIPT AND AGREEMENT Received from City of Kenai hereinafter called PURCHASER, the sum of $0.00, in the fonn of a check payable to Professional Escrow Services, Inc., in trust for Lancet Ann Bover Trust and James E. Johnson Revocable I.tl!!t hereinafter called SELLER, -as Earnest Money on NIA {date), in part payment-of the purchase price of the following described real property: Legal Description: PTN GL 7 BEGIN @SW CORNER LT 2 BLK 7 EAST ADON TH S 0 DEG 8'E 302 .6 FT TO POB TH SO DEG 8'E 202.77 FT TH N 60 DEG 30'E 15 3.33 FT TH N 65 DEG 45'E 590 .7 FT TH N25 DEG E 419 .79 FT TH N 0 DEG 7'W 80 .79 FT TH S 89 DEG 53'20"W 497.46 FT TH S 5 DEG 3J'1 5"E 28 . 47 FT TH S 61 DEG 39'30'W 216.93 FT TH S 65 DEG 6'W 105.98 FT TH 566 DEG 40'30''W 322.9 FT & THE POB, Section 5 , T5N, RI JW, Sewar? Merjdian (KPB.Parcel No. 0471190I) in the Kenai Recording District, Third Judicial District, State of Alaska . The total purchase price is $4,200.00, payable as follows: $ earnest money 18Jbalance due at closing OR OBank loan with OR O Owner Finance$_ payable at$ __ or more per __ . Inc luding/Plus interest at __ %. Interest accrues from __ . First payment due __ . Amortized years __ . QDue on Sale Clause Late fee of$ __ for __past due . OFull Coverage ln6uranee Required. Collect at_. Ot)ler te.nns : ---.~ 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 f..__Owners Title insut-ance __ Origination Fee Lenders Insurance f Escrow Settlement/Closing Fee Commitment Fee __ Discount Points __ Tax Registration Fee Flood Certification REC EIVED CITY OF KENA I 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 __ JUL 1 8 2017 __ Credit Report __ Document Preparation Fee MIP/PMI PLANNIN G DE~RT MENT __ V.A. Funding Fee __ Establish/Replace Reserves on New Loan __ Interest to Closing Date New Loan __ Well/Septic Testing (iftequired by lender) __ Home Inspection Fee Smoke Detectors WARNING: IT IS PURCHASER'S AND SELLER'S RESPONSIB ILITY 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. Purchase a nd Sales Agreement City of Kenai and Lancet Ann Boyer Trust, James E . Johnson Revocable Trust Kenai Peninsula Borough Parcel Number: 04711901 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 (ohusband and wife, o manied, o 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 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 th a t the Purchaser may waive defects or require the price to be renegotiated to cover any defects or encumbrances at the Purch aser's sole discretion without loss of the earnest money refund. 3. If titl e 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 shal~be conveyed by WARRANTY DEED free.of encumbrances except for rights reserved in federal patents or state deeds, building or use restri ctions general to the distdct, and building or zoning regulations and provisions shall not be deemed defects nor encumbrances, Arcy defects or encumbrances may be discharged at closing out of the purchase money. s. 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 tenns 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 i n the offices of Professional E scrow Serv ices on or before 3 0- 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 rec orded and funds are to be disbursed. 2 Purchase and Sales Agreement City of Kenai and Lancet Ann Boyer Trust, James E. Johnson Revocable Trust Kenai Peninsula Borough Parcel Number: 04711901 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. 10. There are no verbal or-other agreements which modify ar 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: PURCHASER: ~-----------Date : __ _ (sign name) City of Kenai, Paul Ostrander, City Manager (print name) Telephone: (907) 283-8222 Fax :~-~~----~-i email : P,OStra,nder@ken.i.city Address : 21 O Fidalgo Avenue Kena i, AK 99611 Lancet Ann Boyer Trust I t()1C"-l -C 1-h;.J -Bdy .t .e (print name) (print name) Telephone: 7o 3 ~ 4: t./ '-l -17''i 3 Fax: tJ/.14 email : lancetboyer@yahoo.com Address: 1308 Forty Oaks Drive Herndon, Virginia 20170 ~---o~ ••. -.J. Tel~phone : 907-306-7789 Fax: VJ 0 ·1 -S1d -]!. :l 'J email : __________ 1 IZ ~"' 1:.(:,>" ~ ... i,, ~w ~ GJ f::! Y4"-vo .. "". Address : 4951 Eagle Street Anchorage, AK 99503 3 the&ifJ of KENAl"'LAS KA ":::/ "Vt1/tlje with a Pas~ City with a Future" 210 Fidalgo Avenue , Kenai, Alaska 99611-7794 Telephone : 907-283-7535 I Fax: 907-283-3014 www.kena i.city MEMORA NDUM TO: THROUGH: FROM: DATE : SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Willie Anderson , Planning Assistant March 12, 2018 Resolution No. 2018-16 -Pu rchasing property in the bluff restoration project This memorandum provides additional information in support of Resolution No. 2018-16. The proposed Resolution, would appropriate funding for the purchase of real property described as a Portion of Government Lot Seven (7), Section Five (5), Township 5 North , Range 11 West, Seward Meridian , Kenai Recording District, Third Judicial District, State of Alaska consisting of approximately 4 .38 acres (Kenai Peninsula Borough Parcel No . 04 7-119-01) The subject parcel is located along the Kenai River bluff, and has experienced erosion on 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 struct ures or to provide permanent access to support the bluff stabilization project. The agreed upon purchase price as negotiated with Lancet Ann Boyer and James E. Johnson Revocable Trust, is $4,200 with estimated closing costs of $510.00. Funding for the purchase will be provided through Leg islative Grant 12-DC-377. Attached , please find an aerial photogra ph identifying the s ubject parcel. Thank you for your consideration . ~1·----:-·-. -4 . -.. .. ~ , KPB Parcel No: 04711901 Owner: Ann Boyer Lancet Trust & James Johnson Trust Acreage: 4-.38 Acres Land Value: $2, 100 lniprovement Value: $0 .00 Assessed Value: $2,100 Zoning : Centraf Commercia ~ ' Legal: PTN GL 7 BEGIN@SW CORNER LT 2 BLK 7 EAST ADON TH S 0 0 EG 8'E 302.6 FT TO PCB TH S O DEG 8'E 202.77 FT TH N 60 DEG 30'E 153.33 FT TH N 65 DEG 45'E 590.7 FT TH N25 DEG E 419.79 FT TH N 0 DEG 7""'/'J 80.79 FT TH S 89 DEG 53'20"W 497.46 FT TH S 5 DEG 33'15"E 28 . 47 FT TH S 61 DEG 3S'30"W 216.93 FT TH S 65 DEG 6'W 105.98 FT TH 566 DEG 40'30"W 322.9 FT & THE PCB 1 :4 ,BOO o ·•· ' 80 160 ·,/-. {/ ·,, f{~-~~=l~) ~~1~ "V" 320 Feet