Loading...
HomeMy WebLinkAboutOrdinance No. 2526-2010the KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE GENERAL FUND FOR THE PURCHASE OF APPROXIMATELY 7.28 ACRES OF PROPERTY DESCRIBED AS TRACT C, INLET VIEW SUBDIVISION, SECOND ADDITION, T5N, RI1W, SECTION 4, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, KENAI, ALASKA TO BE RETAINED BY THE CITY AND RESERVED FOR THE PURPOSE OF MAINTAINING A COMPONENT OF THE CITY'S STORM DRAIN SYSTEM. WHEREAS, the purchase of the property would provide the City ownership of the storm drain system for future repair and maintenance; and, WHEREAS, the property will be retained by the City and reserved to preserve the drainage right of way; and, WHEREAS, it is in the best interest of the City of Kenai to purchase the above described property to be retained by the City and reserved to preserve the drainage right of way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Non Departmental Land PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 CITY OF KENAI ORDINANCE NO. 2526 -2010 PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Suggested by: Administration $25,000 $25,000 Introduced: December 15, 2010 Adopted: January 5, 2011 Effective: January 5, 2011 nth£ city °f/ KENAI, ALASKA MEMO TO: V FROM: DATE: City Council Rick Koch December 9, 2010 "V llaye with a Past, C y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 11 11 i 1992 Telephone: 907 283 -7535 FAX: 907 283 -3014 SUBJECT: Ordinance No. 2526 -2010, Purchase of Real Property from Alice McKeever, Adrienne Goforth, and Donald Goforth The purpose of this correspondence is to submit for your consideration of Ordinance No. 2526- 2010 to appropriate funding for the purchase of real property described as Tract C, Inlet View Subdivision Second Addition, T 6 N, R 11 W, S.M., Alaska consisting of 7.28 acres, more or less, and to recommend Council approval. This property is located near Rogers Road. The property's topography consists of a small area (flag) providing access to Rogers Road, a steep slope, marginal uplands and wetlands. The property would be difficult to develop given topographical constraints and estimated costs associated with providing access. When the Inlet View Subdivision was developed a portion of the storm drain system was constructed within this property. The City has maintained the storm drain system since Inlet View Subdivision was developed and relies on the component (24" x 200' culvert) located within this property to provide surface drainage for a significant portion (more than 20 lots, and City roadways) of Inlet View Subdivision. At some point in the future it will be necessary for the City to repair /replace the storm drain culvert located on this property. If the City is the owner it will avoid any confusion or conflict regarding the City's authority to enter onto the property to conduct any maintenance activity. While not presently, an issue the culvert collects storm water from a large portion of Inlet View Subdivision and the City roadways. The storm water run -off is directed through the culvert to a part of this property which is marginal uplands and wetlands. By purchasing this property the City would also own the property into which storm water is discharged. Administration proposes to utilize funding from the General Fund to purchase the property. Sufficient reserves are available to fund this purchase. Attached, please find an aerial photograph identifying the property. If you have any questions, please contact me at your convenience KPB Parcel #4916017 Owners Alica A. McKeever Donald L. Adrienne L. Goforth KPB #04916017 Owner Alice A. McKeeve Subject Property OPTION TO PURCHASE This Option to Purchase is made on this 7 0 day of iJIVN\/ nit- 2010 between the City of Kenai, 210 FideIgo, Kenai, Alaska 99611 (the "Buyer and Alice A. McKeever at Post Office Box 111186, Anchorage, AK 99511and Donald L. Goforth and Adrienne L. Goforth, a husband and wife, at 360 W. Katmai, Soldotna, AK 99669 (the "Sellers. WHEREAS, the Sellers are the owners of certain real property described as T 5N R 11W Section 4, Seward Meridian, a parcel consisting of approximately 7.28 acres located in Kenai, Alaska with a Kenai Peninsula Borough Parcel Number of 049- 160 -17. WHEREAS, the Buyer wishes to purchase said property and the Sellers wish to sell said property to the Buyer. NOW THEREFORE, in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Sellers hereby grant the Buyer an exclusive option to purchase the above described property. 1. OPTION TERM. The option to purchase shall begin on the 3'O day of NOVEMFg 2010 and expire at 11:59 PM on the p day of re VP('g. 2011). 2. NOTICE REQUIRED TO EXERCISE OPTION. To exercise the Option to Purchase, the Buyer must deliver written notice to Alice A. McKeever and Donald L. Goforth and Adrienne L. Goforth, a husband and wife either in person or via mail of Buyer's intent to purchase. Notice shall be delivered prior to the expiration of the Option Term and shall specify a proposed closing date consistent with the time set forth in paragraph 7 below. Deposit of the notice in the mail to Donald L. Goforth at 360 W. Katmai, Soldotna, AK 99669 shall be presumed to be valid delivery of the notice on that date. 3. OPTION CONSIDERATION. In consideration for this Option to Purchase, the Buyer shall pay a non refundable fee of $500.00 (Five Hundred Dollars and No Cents), receipt of which is hereby acknowledged by the Seller. This amount shall be credited to the purchase price at closing if the Buyer timely exercises the Option to Purchase and closes an the conveyance of th4 Property. The Seller shall not refund the fee if the Buyer fails to exercise the Option to Purchase or fails to close on the property through no fault of the Seller. 4. PURCHASE PRICE. The total purchase price for the Property is $25,000.00 (Twenty five Thousand Dollars and No Cents). 5. 2010 PROPERTY TAXES. The 2010 Kenai Peninsula Borough and City of Kenai Property taxes on the property shall be prorated between the Buyer and the Seller as of the date of closing. 6. EXCLUSIVITY OPTION. The option to purchase is exclusive and is not assignable and exists solely for the benefit of the name parties above. Should the Buyer attempt to assign, convey, delegate or transfer this Option to Purchase without the express written permission, any such attempt shall be deemed null and void OPTION TO PURCHASE Page 1 of 4 7. CLOSING AND SETTLEMENT. If Buyer timely exercises its option granted hereunder, closing shall occur within 70 days of the end of the Option Term at a title company or at a mortgage company or bank in the Kenai area, as determined by Buyer. Buyer shall inform the Seller of this the location for closing in writing. Buyer shall be responsible for all closing costs except Seller's pro -rated share of the 2010 Kenai Peninsula Borough and City of Kenai property taxes. At the time of Closing, Seller shall deliver to Buyer a statutory warranty deed for the subject property, properly executed and acknowledged in proper form for recording, so as to convey to Buyer good and marketable title to the subject property free and clear of all liens, leases, encumbrances, mortgages, easements, reservations, limitations, covenants, conditions, restrictions, encroachments, Native allotments or claims thereto, deeds and tenancies, except for permitted exceptions identified on a title report. Seller shall further deliver to Buyer such other instruments and documents as may be reasonably required and customarily given by a seller to consummate the sales transaction herein contemplated, and as may be reasonably required by the Title Company. 8. REMEDIES UPON DEFAULT. If Buyer or Seller defaults under this Option to Purchase, the non defaulting party is entitled to all remedies included in this agreement and /or any and all remedies at law or it equity. 9. COMMISSION. No real estate commission or any other commissions shall be paid in connection with this transaction. 10. RECORDING THIS AGREEMENT. Buyer shall not record the Option to Purchase on the Public Records of the State of Alaska without the express written consent of the Seller. 11. ACKNOWLEDGEMENTS. The parties are executing this Option to Purchase voluntarily and without any duress or undue influence, The parties have carefully read this Option to Purchase and have asked any questions needed to understand its terms, consequences and binding effect and fully understand them. The parties will be given an executed copy of this agreement. The parties have had the option to consult an attorney of their respective choosing if so desired prior to the signing of this Option to Purchase. 12. TIMING. Time is of the essence in this Option to Purchase. 13. GOVERNING LAW AND VENUE. This Option to Purchase shall be governed, construed and interpreted by, through and under the Laws of the State of Alaska. The parties further agree that the venue for any and all disputes related to this agreement shall be in the State of Alaska, Third Judicial District at Kenai. 14. ENTIRE AGREEMENT; MODIFICATION. This document sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes any prior discussions between the parties. No modification of or amendment to this Option to Purchase or any waiver of the rights under this Option to Purchase will be effective unless in writing signed by the parties to the Agreement. OPTION TO PURCHASE Page 2 of 4 State of Alaska Third Judicial District The foregoing instrument wa 2010 by Alicc A. Mci4Leve State of Alaska 2010 b is4-4411.0e..4 A Third Judicial District The foregoing instrument was acknowledged before me this day o Donald L. Goforth. r1- v OFFICIAL SEAL STATE OF ALASKA CARL C. LEWIS f NOTARY PUBLIC MT Cdnm. Exgroz d5 ",U ✓�L 4 State of Alaska OPTION TO PURCHASE Page 3 of 4 ss ss SELLER BY: h P-& cL F. !`1 c eP.-v -er Alice A. McKeever BY: j` ent:a.( AJt r Donald L. Goforth BY: C -fe �T Adrienne L. Goforth CITY OF K NAI By: Ric" K its: City Manager d before me this 3a D. day of n ea' 2.o (0 Notary Public of Alaska My Commission Expires: 06 °n T/ otary Public o Alaska My Commission Expires: 5 "-of a Third Judicial District OFFICIAL SEAL STATE OF ALASKA CARL C. LEWIS NOTARY PUBLIC PAY Comm. Expires ":ddS State of Alaska Third Judicial District OPTION TO PURCHASE Page 4 of 4 The foregoing instrument was acknowledged before me this 3 day of s i 6 ?tea 2010 by Adrienne L. Goforth. ss 2010 by Rick R. Koch, City Manager for the City of Kenai, Notary Public of laska My Commission Expires: The foregoing instrument was acknowledged before me this day ofIME M'E, %/2 Notary Public of Alaska My Commission Expires: Wi1l•1_arfCE