HomeMy WebLinkAboutResolution No. 2007-48Suggested by: City Manager
CITY OF KENAI
RESOLUTION NO. 8007-48
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE PURCHASE OF 5.44 ACRES OF PROPERTY DESCRIBED AS: T SN R11W SEC 4
SEWARD MERIDIAN KN 0880053--CENTRAL VIEW SUBDIVISION TRACT B, THIRD
RECORDING DISTRICT, KENAI, ALASKA FOR $7,500 FOR WETLANDS MITIGATION
AND TO BE RETAINED BY THE CITY AND RESERVED FOR PARK PURPOSES.
WHEREAS, KMC 22.05.135 states that the City may purchase real property after
authorization by the City Council; and,
WHEREAS, the property described above is zoned Conservation and contains wetlands
and drainage into the Kenai River; and
WHEREAS, the City Manager desires the City to purchase this property for wetlands
mitigation and, to be retained by the City and reserved for park purposes; and,
WHEREAS, the owners of the property desire to sell the property to the City of Kenai
for $7,500; and,
WHEREAS, the City Manager has ordered an appraisal of the property as required
under KMC 22.05.135 which shall be available to the Council prior to the purchase
being finalized; and,
WHEREAS, the owners of the property and the City of Kenai have entered into an
option to purchase agreement giving the City of Kenai the option to purchase the
property for $7,500; and,
WHEREAS, it is in the best interest of the City of Kenai to purchase the above
described property to be used for wetlands mitigation and to be retained by the City
and used for park purposes; and,
WHEREAS, the City of Kenai intends to seek reimbursement of the costs of purchase of
this property pursuant to the City's purchase agreement with Wal-Mart.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Council of the City of Kenai authorized the City of Kenai to purchase
for $7,500 the property described as: T SN R11W Sec 4 Seward Meridian KN 0880053 -
-- Central View Subdivision Tract B, Third Judicial District, Kenai, Alaska to be used
as wetlands mitigation and retained by the City and reserved for park purposes.
PASSED BY THE COUNCIL OF THE CITY OF K ALASKA, thdiird day of July,
2007. ~ p ! 1~V""` t
PAT PORTER, MAYOR
ATT T: m
Carol L. Freas, City Clerk
~~~
LsJ~
theu~af
KENAn~ SKA
May 9, 2007
Mr. Forrest McDaniel
~~V lla~e wit~t a Past Gi~ wit~i a Fr~tr~Ye"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 /Fax: (907) 283-3014
www.ci.kenai.ak.us
Alaska District lingineer
U.S. Army Corp of Engineers
805 Frontage Road, Suite 200C
Keni, AK 94611-7755
Subject: Wal-Marl Application for Permit, POA-2005-1331-4
Dear Mr. McDaniel:
The purpose of this correspondence is to inform you the City of Kenai has entered into a
purchase agreement with the owners of property described as Tract B, Central View
Subdivision, TSN, Rl l W, S.M, AK consisting of 5.44 acres more or less. Closing will
take place within the next 60 days.
It is my understanding based on our previous meetings and telephone conversation of
Tune 26~' the purchase and reservation of this property for park purposes will constitute
acceptable mitigation for the loss of wetland on the Wal-Mart site.
This properly is the continuation to the south of the drainage that borders the proposed
Wal-Mart site.
The property is zoned "conservation" and will be reserved for,park purposes.
Attached. please find the following:
L KPB Property Permitting Report
2. Property Boundary Plat
3. Aerial Photograph
I appreciate your desire to move towards a permit for this project. Can you please tell me
when you anticipate the permit will be issued?
Thank you for your attention in this matter.
Sincerely,
CITY%~OF KENAI
l~ '
Rick R. Koch
City ?vlanager
attachments
Cc: Tom Adanis, I,ounsbury & Associates
Kenai City Council
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OPTION TO PURCHASE
/~~~
This Option to Purchase is made on this 19th day of June, 2007 between the City of Kenai, 210
Fidalgo, Kenai, Alaska 99611 (the "Buyer") and T. A. McKeever, of 2024 Loussac Drive,
Anchorage, AK 99503 and Dona]d L. Goforth. and Adrienne L. Goforth, a husband and wife, of
360 W. Katmai Ave., Soldotna, Alaska 99669 (the "Sellers.")
Whereas, the Sellers are the owners of certain real property described as T SN R 11 W Section 4,
Seward Meridian KN 0880053, Central View Subdivision Tract B consisting of 5.44 acres
located in Kenai, Alaska with a Kenai Peninsula Borough Parcel Number of 4901062.
Whereas, the Buyer wishes to purchase said property and the Sellers wish Co sell said property to
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 purchases shall begin on the 22na day of June, 200'7 and
expire at 11:59 PM on the 22nd day of August, 2007.
2. NOTICE REQUIRED TO EXERCISE OPTION. To exercise the Option to Purchase,
the Buyer must deliver written notice to Adrienne L. Goforth either in person or via mail
of Buyers intent to purchase. Deposit of the notice in the mail to Adrienne L. Goforth at ~ --
360 W. Katmai, Soldotna, AK 99669 shall be presumed to be valid delivery of the notice
on that date. In addition, the notice must specify a valid closing date. The closing date
must be prior to the expiration of this Qption to Purchase.
3. OPTION CONSIDERATION. In consideration for this Option to Purchase, the Buyer
shall pay the anon-refundable fee of $1,000.00 (One Thousand Dollars and No Cents),
receipt of which is hereby acknowledged by the Sellers. This amount shall be credited to
the purchase price at closing if the Buyer timely exercises the Option to Purchase and
closes on the conveyance of the property. The Sellers 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 Sellers.
4. PURCHASE PRICE. The total purchase price for the Property is $7,500.00 (Seven
Thousand and Five Hundred Dollars and No Cents).
5. 2007 PROPERTY TAXES. The 2007 Kenai Peninsula Borough and City of Kenai
property taxes on the property shall be prorated between the Buyer and the Sellers 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 named 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.
7. CLOSING AND SETTLEMENT. Buyer shall determine the title company at which
settlement shall occur and. shall inform the Sellers of this location in writing. Buyer
agrees that any closing costs in their entirety shall be the sole responsibility of the Buyer.
Option to Buy Parcel 04901062
Page 1 of 5
The only expense related to closing costs apportioned to Sellers shall be the pro-rated
share of 2007 Kenai Peninsula Borough aiid City of Kenai property taxes.
8. REMEDIES UPON DEFAULT. If Buyer or Sellers defaults under this Option to
Purchase, the non-defaulting party is entitled to all remedies included in this agreement
andlor 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.
1.0. 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
Sellers.
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 Co 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 Phis 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 any rights under this Option to Purchase will
be effective unless in writing signed by the parties to the Agreement.
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Opnon ro Buy Parce104907.062
Page2oC5
BUYER
F _
Rick Koch
City Manager
STATE OF ALASKA
SS
THIRD JUDICIAL DISTRICT )
On thi ` ~ 'day , 2007, before me personally appeared Rick R. Koch, known to me to
be the person wh sec~is subscribed on the foregoing .Option to Purchase, and acknowledged
that he executed the same as his free will and deed.
Sworn to and subscribed
in the presence of
~` ~-
Notary Public drr /~,~,t/~,~
My Comtnission Expires: ~f ~~~~®~} ~
Option to Buy Yarce104901062
Page 3 oP 5
SELLERS
Alice E. McKeever, Attorney-In-Fact for
T.A. McKeever
2024 Loussac Drive
Anchorage, AK 99503
State of Alaska )
1ss
Third Judicial District )
.,d.
On this ,°~ day ~~ u n ~' , 2007, before me
personally appeared Alice E.. McKeever as
Attorney-In-Fact for T.A. McKeever and
acknowledged to me that she signed the
instrumenC as such Attorney-In-Fact for said
principal, T.A. McKeever, whose name is
subscribed on the foregoing Option to
Purchase, and furthermore acknowledged that
she executed the same as her free will and
deed.
Sworn to and subscribed
in the presence of:
l1~ , ,'~ ~ cti ~r,-__..
Notary Public
My Commission Expires: ~ f~L~~~ ~~
Opfiou to Buy Parcel 04901062
Page 4 of 5
C~ nm.~~
Adrienne L Goforth
360 W. Katmai Avenue
Soldoma, Alaska 99669
State of Alaska )
)ss
Third Judicial District )
%~' ..~
On this~~~ day .J ~ N~, 2007, before me personally appeared Adrienne L. Goforth; known to
me to be the person whose name is subscribed on the foregoing .Option to Purchase, and
acknowledged that she executed the same as his free will and deed.
Swom to and subscribed
in ~ presene~ of
7 ~ ~ `
/_
Notary Public
My Commission Expires:
7 OFFICIAL SEAL
STATE OF ALASKA
CARL C. LEWIS
NOTARY PUBLIC
~ My Canm. Expires: (-/5 -a0('2~'
'~~
Donald L. Gof h
360 W. Katmai Avenue
Soldotna, Alaska 99669
State of Alaska
)ss
Third Judicial District )
On this~~ y ~L~ ~~' , 2007, before me personally appeared Donald L. Goforth, known to
me to be the person whose name is subscribed on the foregoing .Option to Purchase, and
acknowledged that he executed the same as lus free will and deed.
Swo'r~n to and subscribed
in tpLe}preserice O~
Notary Public
My Commission
r., OFFICIAL SEAL
STATE OF ALASKA
CARL C. LEWIS
Nr Lomm v~~.f~'/~ ,~~
Option to Buy Parcel 04901062
Page 5 of 5
t/~eu~of
KENA~ SKA
May 9, 2007
~~~~.
Mr. Forrest McDaniel
°!/iffa~e wit6r a Past, Gc~ wit~t a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535.1 Fax: (907) 283-3014
www.ci.kenai.ak.us
Alaska District Engineer
U.S. Army Corp of Engineers
805 Frontage Road, Suite 200C
Keni, AK 9961 I-7755
Subject: Wal-Mart Application for Permit, POA-2005-1331-4
Dear Mr. McDaniel:
The purpose of this correspondence is to inform you the City of Kenai has entered into a
purchase agreement with the owners of property described. as Tract B, Central View
Subdivision, TSN, Rl l W, S.M, AK consisting of 5.44 acres more or less. Closing will
take place within the next 60 days.
It is my understanding based on our previous meetings and telephone conversation of
Tune 26s' the purchase and reservation of this property for park purposes will constitute
acceptable mitigation for the loss of wetland on the Wal-Mart site:
This property is the continuation to the south of the drainage that borders the proposed
Wal-Mart site.
The property is zoned "conservation" and will be reserved for park purposes.
Attached please find the following:
L KPB Property Permitting Report
2. PropertyBoundaryPlat
3. Aerial Photograph
I appreciate your desire to move towards a permit for this project. Can you please tell me
when you anticipate the permit will be issued?
Thank you for your attention in this matter.
Sincerely,
CITY O~ NAI
Rick R. Koch
City Manager
attachments
Cc: Tom Adams, Lounsbury & Associates
Kenai City Council
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OPTION TO PURCHASE ,~""`~.
This Option to Purchase is made on this 19th day of Tune, 2007 between the City of Kenai, 210
Fidalgo, Kenai, Alaska 99611 (the "Buyer") and T. A. McKeever, of 2024 Loussac Drive,
Anchorage, AK 99503 and Donald L. Goforth and Adrienne L. Goforth, a husband and wife, of
360 W. Katmai Ave., Soldotna, Alaska 99669 (the "Sellers.")
Whereas, the Sellers are the owners of certain real property described as T SN R 11W Section 4,
Seward Meridian KN 0880053, Central View Subdivision Tract B consisting of 5.44 acres
located in Kenai, Alaska with a Kenai Peninsula Borough Parcel Number of 4901062.
Whereas, the Buyer wishes to purchase said property and the Sellers wish to sell said property to
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 purchases shall begin on the 22nd day of June, 2007 and
expire at 11:59 PM on the 22nd day of August, 2007.
2. NOTICE REQUIRED TO EXERCISE OPTION. To exercise the Option to Purchase,
the Buyer must deliver written notice to Adrienne L. Goforth either in person or via mail ~~
of Buyers intent to purchase. DeposiC of the notice in the mail to Adrienne L. Goforth at - ~ '
360 W. Kaunai, Soldotna, AK 99669 shall be presumed to be valid delivery of the notice
on that date. In addition, the notice must specify a.valid closing date. The closing date
must be prior to the expiration of this Option to Purchase.
3. OPTION CONSIDERATION. In consideration for this Option to Purchase, the Buyer
shall pay the anon-refundable fee of $1,000.00 (One Thousand Dollars and No Cents},
receipt of which is hereby acknowledged by the Sellers. This amount shall be credited to
the purchase price at closing if the Buyer timely exercises the Option to Purchase and
closes on the conveyance of the property. The Sellers 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 Sellers.
4. PURCHASE PRICE. The total purchase price for the Property is $7,500.00 (Seven
Thousand and Frve Hundred Dollars and No Cents).
5. 200'I PROPERTS' TAXES. The 2007 Kenai Peninsula Borough and City of Kenai
property taxes on the property shall. be prorated between the Buyer and the Sellers as of
the date of closing.
6. EXCLUSIVITY OPTION. The option to purchase isexelusive and is not assignable
and exists solely for the benefit of the named 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.
7. CLOSING AND SETTLEMENT. Buyer shall determine the title company at which
settlement shall occur and shall inform the Sellers of this location in writing. Buyer
agrees that any closing costs in their entirety shall be the sole responsibility of the Buyer.
Option to Buy Parcel 04901062
Page I of 5
The only expense related to closing costs apportioned to Sellers shall be the pro-rated
share of 2007 Kenai Peninsula Borough and City of Kenai property taxes.
8. REMEDIES UPON DEFAULT. If Buyer or Sellers 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
Sellers.
11. ACKNOWLEDGEMENTS. The parties are executing this Option to Purchase
voluntazily 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 ehe 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.
la. 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 any rights under this Option to Purchase will
be effective unless in writing signed by the parties to the Agreement.
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Option to Buy Parcel 04901062
Page 2 of 5
BUYER
~~
e _
Rick Koch
City Manager
STATE OF ALASKA.
SS
THIl2D JUDICIAL DISTRICT )
On thi~"day 2007, before me personally appeared Rick R. Koch, known to me to
be the person wh sec~is subscribed on the foregoing .Option to Purchase, and acknowledged
that he executed the same as his free will and deed.
Sworn to and subscribed
in the presence of:
~-
Notary Public ~~r ~,~,f/,e.
My Commission Expires: ~~~®~~~~ ~
Option w Buy Parcel 04901062
Page 3 of 5
SJ~E dLLERS
Alice E. McKeever, Attorney-In-Fact for
T.A. McKeever
2024 Loussac Drive
Anchorage, AK 99503
State of Alaska )
)ss
Third Judicial District )
~~~.
On this ~ day ~ u ~i ~ , 2007, before me
personally appeared Alice E.. McKeever as
Attorney-In-Fact for T.A. McKeever and
acknowledged to me that she signed the
instrument as such Attorney-In-Fact for said
principal, T.A. McKeever, whose name is
subscribed on the foregoing Option to
Purchase, and furthermore acknowledged that
she executed the same as her free will and
deed.
Sworn to and subscribed
in the presence of:
V i'7 - C [z. ~~~-~....
Notary Public
My Commission Expires: ~ ~~ ~~~' I ~
Option to Buy Parcel 04901062
Page 4 of 5
_~
Adrienne L Goforth
360 W. Katmai Avenue
Soldotna, Alaska 99669
State of Alaska )
)ss
Third judicial District )
%-~-
On this~~ day .7 ~ Nom, 2007, before me personally appeared Adrienne L. Goforth, known to
me to be the person whose name is subscribed on the foregoing .Option to Purchase, and
acknowledged that she executed the same as his free wijl and deed.
Sworn to and subscribed
in ~i presence of
.,
Notary Public
My Commission Expires
OFFICIAL SEAL
STATE OF ALASKA
CARL C. LEWlS
NDTARY PUBLIC_
NY Comm. Expires: f -~S -a0t1X'
i~1)~~~
Donald L. Gof h
360 W. Katmai Avenue
Soldotna, Alaska 99669
State of Alaska )
)ss
Third Judicial District )
On this d y a1 ~~~g , 200'7, before me personally appeared Donald L. Goforth, known to
me to be the person whose name is subscribed on the foregoing .Option to Purchase, and
acknowledged that he executed the same as his free will and deed.
to and subscribed
In
Notary Public
My Commission
rY OFFICIAL SEAL
STATE OF ALASKA
CARL C. LEWIS
~~'4"•.~n :.Y.~NOTARv mJBLIC
NY Comm Fxont^-~~°~
~, ...... ~ ~'ti,..
Option to Buy Parcel 04901062
Page 5 of 5