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HomeMy WebLinkAboutResolution No. 2010-58the cUy ar KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2010 -58 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF APPROXIMATELY 4.234 ACRES OF PROPERTY DESCRIBED AS GOVERNMENT LOTS 131, 165 and 166, SECTION 31, T6N, R11W, SEWARD MERIDIAN, KENAI, ALASKA, FROM THE STATE OF ALASKA FOR 53,500.00 FOR A MUNICIPAL PRODUCTION WELL SITE AND WELLHEAD PROTECTION AREA, GREENBELT, PEDESTRIAN PATHWAY AND CONSERVATION AND /OR OTHER PUBLIC RECREATION PURPOSES. WHEREAS, property described as Government Lots 121, 165 and 166, Section 31, T6N, R11.W, Seward Meridian, excluding the Kenai Spur Highway Right -of -Way, Kenai, Third Judicial District (the Property) as a potential site for a municipal well site and wellhead protection area, greenbelt, pedestrian pathway and conservation and /or other public recreation purposes; and, WHEREAS, the Property is owned by the State of Alaska and managed by the Department of Natural Resources; and, WHEREAS, in 2007, the City, as a preference right applicant, applied to the State to acquire the Property for a public and charitable use; and, WHEREAS, pursuant to AS 38.05, the State of Alaska Department of Natural Resources, Division of Mining, Land and Water issued a notice to proceed to purchase the Property in the amount of 53,500.00, plus a $100.00 document handling fee; and, WHEREAS, KMC 22.05.135(a) states the folio and, The city, by authorization of the city council, expressed in a resolution for such purpose, may lease, purchase or acquire an interest in real property needed for a public use on such terms and conditions as the council shall determine, but no purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof; WHEREAS, the City has obtained a Summary Appraisal Report prepared by Derry Associates, Inc. dated August 30, 2010 valuing the Property at $20,000.00; and, WHEREAS, under AS38.05.010, the deed of conveyance shall contain a reversionary interest if the land is used for anything other than a public purpose. Resolution No. 2010 -58 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council of the City of Kenai authorizes the purchase of approximately 4.234 acres of property described as Government Lots 131, 165 and 166, Section 31, T6n, R1 lw, Seward Meridian, Kenai, Alaska, from the State of Alaska for 53,500.00, for a municipal production well site and wellhead protection area, greenbelt, pedestrian pathway and conservation and /or other public recreation purposes. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR MEMO: 'Village with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Ii Telephone: 907 283 -7535 FAX: 907 283 -3014 it �l 1992 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager DATE: October 13, 2010 SUBJECT: Ordinance No. 2515 -2010 and Resolution 2010 -58 Purchase of Land for a Public and Charitable Use The purpose of this correspondence is to provide information regarding the above ordinance and resolution authorizing the purchase of the above property from the State of Alaska. In 2007, the City, as a preference right applicant, applied to the State to acquire the property shown on the attached map, for a public and charitable use. The State issued a preliminary decision approving the City's request to purchase the property in 2008, and, after a public notice process, the State issued a Final Finding and Decision to approve the sale of the Property to the City subject to the State's reservation of a reversionary interest in the property if it is ever used for anything other than for a public purpose. The approval of the Final Finding and Decision required the City to conduct an Alaska State Land Survey of the Property in order to move forward with the purchase. Additionally, KMC 22.05.135(a) requires that the City obtain an appraisal of property prior to authorizing a purchase. Based on the Scope of Work for this property, which required identification of significant archeological sites with reservation zones (or limited development areas) encompassing those sites, a two step appraisal was required which would also include a location of the archeological sites since they were not delineated on any maps provided by the State. The Summary Appraisal Report prepared by Derry Associates, Inc. dated August 30, 2010 valued the property at $20,000.00 and included, under separate cover as requested by the State (the current owner), the locations and photos of the archeological sites for the City's private consideration. The total amount the City has expended to date toward the acquisition of the referenced property is as follows: Application Fee $100.00 Reimbursement of advertising cost of Public Notice $481.66 Survey Instructions Fee $225.00 Survey $8,866.00 Appraisal $3,050.00 TOTAL $12,722.66 To proceed with the purchase of the property, the City must provide the attached Declaration of Intent, pay a $100.00 document handling fee, and pay either the full purchase price of $3,500.00 or a minimum deposit of 5% of the purchase price in order to enter into a contract for sale with the State by October 22, 2010. Attachments 2 3 0 1 1404 72 1404 407 '403 IKAIKA SUBD. KN 3 -7 112 2 1403 1401 l 1 -A 2 -A 0 0 1 -B 2 -B 40, 406 1402 FIRST AVE GOV'T. LOT 162 1 2080 GOV'T. LOT 42 GOV'T. LOT 41 65 64 GOV'T. LOT GOVT. LOT 89 88 73 1396 1397 1397 92 113 1398 132 Kenai Spur Highway TR. A GOVT. LOT 61 74 91 GOV'T. LOT GOVT. LOT GOV'T. LOT 63 GOV'T. LOT 62 GOV'T. LOT 84 GOV'T. LOT 85 GOVT. LOT 87 GOVT. LOT 86 gt 0 Q 2 O 1 1208 1206 90 1-- v) Lit O v) 115 114 O" Subject Parcel 1215 1211 1 WAREHOUSE 2 1212 SUBD GOVT. LOT 32 1209 240 76 THIRD AVE 89 10 129 3 4 1204 IOL 1205 117 1216 1207 128 1206 1204 GOV'T. LOT 7 3 28 DORENDA CT 5 1202 aC 1202 170 M AN INCOMPLETE AND /OR UNSIGNED APPLICATION MAY DELAY PROCESSING. Purchaser 1: Print Last Name, First Name, Mailing Address City Contact Phone No. Alternative Contact Phone No, Date of Birth E -mail Address (optional) Are you a U.S. Citizen? Yes No If you are not a U.S. citizen, you must provide your Alien registration No. and submit a completed IRS form W8-VEN, available from DNR offices. Alien Registration No. Are you applying for a Veteran's Discount under AS 38.05.940? Purchaser 2: STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINIING, LANs AND WATER CONTRACT ADMINISTRATION ATWOO BUILDING, 550 WEST 7 AVENUE, SUITE 640 ANCHORAGE, ALASKA 99501 -3576 Middle Initial Suffix State Zip Code (You may list this on Page 4) Print Last Name, First Name, Middle Initial Suffix Mailing Address City Contact Phone No. Alternative Contact Phone No. (You may list this on Page 4) Date of Birth E -mail Address (optional) State Zip Code DECLARATION OF INTENT Are you a U.S. Citizen? Yes No If you are not a U.S. citizen, you must provide your Alien registra available from DNR offices. Alien Registration No. Are you applying for a Veteran's Discount under AS 38.05.940? ADL Number Division of Mining, Land Water File No Business Organization or Trust (For Over -the- Counter purchases only) (Do not check marital status) Marital Status (check one) Single Person Married Person Type of Title (check one) (See explanation on Page 3) Husband and Wife as Tenants by the Entirety Husband and Wife as Tenants in Common Other persons as Tenants in Common Title taken Individually Yes No. Business Organization or Trust (For Over -the- Counter purchases only) (Do not check marital status) Marital Status (check one) Single Person Married Person Type of Title (check one) (See explanation on Page 3) Husband and Wife as Tenants by the Entirety Husband and Wife as Tenants in Common Other persons as Tenants in Common Title taken Individually on No. and submit a completed IRS form W8 -VEN, Yes No. Page I of 4 Purchaser 3: Print Last Name, First Name, Mailing Address City Contact Phone No. Alternative Contact Phone No. Date of Birth E -mail Address (optional) Down Payment Enclosed Document Handling Fee individual For a TOTAL of Signature, Purchaser 1 Signature, Purchaser 2 Signature, Purchaser 3 Middle Initial Suffix State Zip Code (You may list this on Page 4) DECLARATION OF INTENT Business Organization or Trust (For Over -the- Counter purchases only) (Do not check marital status) Marital Status (check one) Single Person Married Person Type of Title (cheek one) (See explanation on Page 3) Husband and Wife as Tenants by the Entirety Husband and Wife as Tenants in Common Other persons as Tenants in Common Title taken Individually Are you a U.S. Citizen? Yes No If you are not a U.S. citizen, you must provide your Alien registration No. and submit a completed IRS form W8 -VEN, available from DNR offices. Alien Registration No. Are you applying for a Veteran's Discount under AS 38.05.940? Yes No How do you want to pay? Please check either CONTRACT or PAYOFF. Payment options include money order, check, or credit card. Required credit card info on separate page. CONTRACT: (19) 5100.00 (5B) 5 Fora TOTAL of 5 PAYOFF: Amount Enclosed 5 (19) Document Handling Fee individual 5100.00 (5B) *DOWN PAYMENT AMOUNT MUST BE AT LEAST 5% OF THE PURCHASE PRICE. The Contract will provide a monthly level payment basis unless the department determines a quarterly or annual payment is more administratively efficient, according to the following financed principal amounts pursuant toll AAC 67.875: 1. $2,000.00 or less must be paid in full; 2. $2,000.01 to $9,999.99, not more than 5 years; 3. $10,000.00 to $14,999.99, not more than 10 years; 4. $15,000.00 to $19,999.99, not more than 15 years; 5. $20,000.00 or more, not more than 20 years. PLEASE NOTE: Transferring or attempting to transfer ownership of this parcel without prior written approval from the State of Alaska or receipt ofa final conveyance document (Patent or Ouit Claim Deed) is prohibited Date Date Date 102 4039 (Rev. 10/06) Page 2 of 4 DECLARATION OF INTENT 2k5 38.05.035(a) authorizes the director to decide what Information is needed to process an application for the sale or use of state Band and resources. This information is made a part of the state public land records and becomes public information under AS 40.25.100 and 40.25.120 (unless the information qualifies for confidentiality under AS 38.05.035(a)(9) and confidentiality is requested). Public information is open to inspection by you or any member of the public. .4 person who is the subject of the information may challenge its accuracy or completeness under AS 44.99.310, by giving a written description of the challenged information, the changes needed to correct it, and a name and address where the person can be reached. False statements made in an application fora benefit are punishable under AS 11.56.210. DECLARATION OF INTENT INSTRUCTIONS AND DEFINITIONS Use extra forms if more than three parties are to be part of the contract or title documents. Veteran's discount applicants: please provide a copy of your Form DD 214 showing character of discharge and length of service. You must currently be an Alaska resident and have been a resident for one year preceding the date of sale; submit proof of such residency. If there is more than one purchaser, all purchasers must be residents and submit proof of residency. If co- purchasers are eligible veterans, only one purchaser need submit their DD 214; however, all purchasers will have exhausted their once -in -a- lifetime veteran's land discount. Organizations such as Trusts, Limited Liability Companies, or Corporations are not individuals, and are not required to disclose the marital status of the partners. Type of Title Husband and wife, as tenants by the entirety. This is only available for married persons, e.g., "John Q. Smith and Deborah R. Smith, husband and wife, as tenants by the entirety The law presumes tenancy by the entirety for a husband and wife unless it is expressly declared otherwise. (AS 34.15.110) Husband and wife, as tenants in common. A husband and wife can choose to purchase property together as tenants in common. A husband and wife are encouraged to seek the services of an attorney before selecting this form of tenancy. Other persons as tenants hr common. Those persons who wish to purchase property together can do so as tenants in common. It is possible for each person to have a different marital status. This example illustrates a possible combination, e.g., "William P. Jones, a married person, Sandra S. Smith, a single person, and Andrew X. Read and Barbara A. Read, husband and wife; tenants in common." There is no right of survivorship for the tenants under this type of tenancy. Title taken individually. If an application has just one purchaser, whether single or married, that person would select this option. It may be advisable to seek the services of an attorney if you have concerns about how your estate and property are affected by the above types of tenancy. 102 -4039 (Rev. 10/06) Page 3 of 4 Social Security information will not become public information from submission of this form. These are utilized as required identifiers for the customer information database, revenue and billing reporting ,system, and to report paid loan interest to the contract holder and the Internal Revenue Service. Check one Credit Card Number *This VISA I( II Customer name on card: Billing address: ill he destro ed when Revenue and Billinr reror /in• data is established* Purchaser 1 —Name Social Security Number Date of Birth Date of Birth Purchaser 3 —Name Social Security Number Date of Birth Purchaser 2— Name Social Security Number Credit Card Users: This authorization constitutes an unconditional promise to pay the amount due from Page 2. This authorization includes consent to adjust the amount charged if the amount you specify is less than the required 5% of the deposit amount. If at the time your Declaration of Intent form is processed we are unable to obtain authorization to charge against the credit card presented due to specific limitations of the account, your application may be declared void. Please make prearrangements with your financial institutions to ensure funds will be available at the time of payment. Master Card Expiration Date: Zip code: Signat DECLARATION OF INTENT SOCIAL SECURITY NLIMBE CREDIT CARD PAYMENT Verification Code Amount of Charge: 5 Contact Phone Number: Credit card information will not become public information. This page will be destroyed after payment has been processed. 102 -4039 (Rev. 10 /06) Page 4 of 4 TO: Ordinance No. 2515 -2010 Resolution No. 2010 -58 FROM: Carol L. Freas, Cityy rk ae DATE: January 11, 2011 clf KENAI, ALASKA "Village with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM RE: ORDINANCE NO. 2515 -2010 RESOLUTION NO. 2010-58 Property Description Typographical Errors Recently, it was brought to my attention typographical errors were made in the bodies of the following City of Kenai legislation: Ordinance No. 2515 -2010 Increasing Estimated Revenues and Appropriations by S3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. Resolution No. 2010 -58 Authorizing the Purchase of Approximately 4.234 Acres of Property Described as Government Lots 131, 165 and 166, Section 31, T6N, R 1 1. W, Seward Meridian, Kenai, Alaska, from the State of Alaska for $3,500.00 for a Municipal Production Well Site and Wellhead Protection Area, Greenbelt, Pedestrian Pathway and Conservation and /or Other Public Recreation Purposes. The first "Whereas" paragraph of Ordinance No. 2515 -2010 refers to Government Lots 121, 165, and 166. The correct lot numbers are: 131, 165 and 166. The first "Whereas" paragraph of Resolution No. 2010 -58 refers to Government Lots 121, 165, and 166. The correct lot numbers are: 131, 165 and 166. Both Ordinance No. 2515 -2010 and Resolution No. 2010 -58 were passed by the Kenai City Council at its October 20, 2010 meeting without the typographical errors being identified. This memorandum was generated and attached to the above -noted documents as a notice for future review to identify and correct the typographic errors.