HomeMy WebLinkAboutRes2018-053Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2018-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE COMPETITIVE SALE OF THE
PROPERTY DESCRIBED AS WEST % OF LOTS 19 AND 20, BLOCK 30
ORIGINAL TOWNSITE OF SEWARD, TAX PARCEL ID NO. 14813010,408
MADISON, FOR THE AMOUNT OF $40,052 TO MARY LUTZ IN
ACCORDANCE WITH SEWARD CITY CODE SECTION §7.05
WHEREAS, in 2012 and 2013, the City took possession through the tax foreclosure process,
the West %2 of Lots 19 and 20, Block 30 Original Townsite of Seward located on the north side of
Madison Street between Fourth and Fifth Avenues in Seward; and
WHEREAS, the City obtained title to the property from the Kenai Peninsula Borough in
accordance with Non -Code Ordinance 2013-012, Section 2; and
WHEREAS, the Seward City Council passed Resolution 2016-053 on August 22, 2016,
authorizing the administration to abate, demolish and dispose of the structures and appurtenances on
the property, which was completed in 2017; and
WHEREAS, Non -Code Ordinance 2017-003 was introduced on September 25, 2017, with
public hearing and enactment on October 9, 2017, authorizing disposal of the property by
competitive sealed bid at a minimum bid price of $36,700, reflecting the 2017 Kenai Peninsula
Borough property assessment on the land, considered to be lower than fair market value, but
covering the City's costs of property foreclosure and clean-up; and
WHEREAS, the City advertised for competitive sealed bids and received a single responsive
and responsible bid in the amount of $40,042 from Mary Lutz who included the required bid deposit
equal to 20% in addition to the remainder of the amount of the bid price totaling the full amount of
the bid, equal to $40,052, making it unnecessary to enter into a Purchase Agreement; and
WHEREAS, Seward City Code §7.05.125 requires that prior to disposition of a real property
interest by sealed bid, a public hearing shall be held, and SCC §7.05.145 determines an effective date
for real property disposition to be 30 days after passage and posting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council determined by Non -Code Ordinance 2013-012 that it has
no public purpose for West %2 of Lots 19 and 20, Block 30 Original Townsite of Seward.
Section 2. The Seward City Council authorized disposal of West %2 of Lots 19 and 20, Block
CITY OF SEWARD, ALASKA
RESOLUTION 2018-053
30 Original Townsite of Seward with tax parcel ID number 14813010 located at 408 Madison, by
competitive sealed bid at a minimum bid price of $36,700 and the City received a single bid in the
amount of $40,052 from Mary Lutz.
Section 3. The Seward City Council finds it to be in the public interest to sell this parcel in
accordance with Non -Code Ordinance 2017-003, per the recitals stated above which are incorporated
herein as findings of the City Council, and the City Council authorizes the sale and transfer of this
property as is, where is, with no warranties, and for less than fair market value, to Mary Lutz.
Section 4. This resolution shall take effect thirty (30) days after approval.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23`d
day of July, 2018.
THE CITY OF SEWARD, ALASKA
David Squires, Mayor
AYES: Keil, Casagranda, McClure, Squires
NOES: Towsley, Seese
ABSENT: Horn
ABSTAIN: None
ATTEST:
Brenda J. Ballou, MMC A, 4 9 C; f y C' l e r k
City Clerk
(City Seal) �Oa`
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Agenda Statement
Meeting Date: May 29, 2018
To: City Council
Through: dim Hunt, City Mana
From: Kristin Erchinger, Finance Director Pk
Agenda Item: Competitive Sale of 408 Madison (former D.E. Wood Property)
BACKGROUND & JUSTIFICATION:
The City assumed ownership through the tax foreclosure process of the West %2 of Lots 19 and 30,
Block 30 Original Townsite Seward located on the north side of Madison Street between Fourth and
Fifth Avenues, in 2012/2013. The property was formerly owned by D.E. Wood and was foreclosed
on by the Kenai Peninsula Borough, after which the City obtained title in accordance with Section 2
of Non -Code Ordinance 2013-012.
The City Council passed Resolution 2015-053 on August 22, 2016, authorizing the clean-up of the
property which was completed in 2017, and then enacted Non -Code Ordinance 2017-003 on October
9, 2017, authorizing the property to be disposed of utilizing competitive sealed bids, for a minimum
price of $36,700.
The City advertised for competitive sealed bids both in newspapers and by posting a banner on the
property, and obtained a single bid in the amount of $40,042 from Mary Lutz, which is found to be
responsible and responsive, and the administration recommends sale of this parcel to Mary Lutz as
is, where is, and with no warranties.
INTENT:
To sell the property located at 408 Madison to Mary Lutz for the amount of $40,052 which amount
has been paid in full by purchaser.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (p. 11 Community Appearance; p. 15 "Encourage
home ownership opportunities"; p. 15 "Encourage construction on
1. vacant sites in areas of the city already established"; p. 20 "Evaluate X
for disposal city -owned lands which have not been dedicated to a public
ur ose. '):
Strategic Plan (p. 9 "Encourage construction of residential housing..
2. P. 10 "Promote construction on vacant sites in established areas of the X
city. " P. 18 "Expand availability o ear -round housing.'):
3 Other (Non -Code Ordinance 2013-012; Non -Code Ordinance 2017-
003; Resolution 2016-053): X
`tea
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FISCAL NOTE:
The bid price on this property will be used to repay the City for incurred costs including, but not
limited to, the following: the foreclosure process, staffing and legal fees, property demolition,
asbestos abatement, disposal of debris and appurtenances, advertising, etc. Any funds in excess of
final project costs, will be handled in accordance with Alaska State law.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No Not Applicable__
RECOMMENDATION: Council approve Resolution 2018-053 authorizing the competitive sale
of the property described as West'/z of Lots 19 and 20, Block 30 Original Townsite of Seward,
Tax Parcel ID No. 14813010 for the amount of $40,052 to Mary Lutz.
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AFTER RECORDING RETURN TO:
City of Seward
P.O. Box 167
Seward, Alaska 99664
QUITCLAIM DEED
The Grantor, CITY OF SEWARD, ALASKA, a home rule municipal corporation of the
State of Alaska, whose address is P.O. Box 167, Seward, Alaska 99664, for and in
consideration of the sum of Ten Dollars ($10) and other good and valuable
consideration in hand paid, the receipt of which is hereby acknowledged, quitclaims to
Grantee, MARY LUTZ, whose address is PO Box 230311 Anchorage, Alaska 99523, all
of Grantor's right, title, and interest it has, if any, in the real property described as:
WEST'/2 OF LOTS 19 AND 20, BLOCK 30 ORIGINAL TOWNSITE OF
SEWARD, Plat No. S-1, Seward Recording District, Third Judicial District,
State of Alaska, (KPB tax parcel no. 148-130-10) containing 0.07 acres
more or less.
TOGETHER WITH all the improvements thereon, if any, and all rights of the Grantor to
any and all hereditaments and appurtenances hereto, and
SUBJECT TO any taxes and assessments, exceptions, reservations, restrictions,
conditions, covenants, easements, rights -of -way, encroachments either of record or
ascertainable by physical inspection.
DATED this day of , 2018.
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GRANTOR:
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT
CITY OF SEWARD
James Hunt, City Manager
The foregoing instrument was acknowledged before me this day of
. 2018,
by James Hunt, City Manager of the City of Seward, an Alaska
municipal corporation, on behalf of the City.
Notary Public in and for Alaska
My commission expires:
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