Group, Gateway City Realty and Re/ Max of Ketchikan for the Open

KETCHIKAN GATEWAY BOROUGH
RESOLUTION NO. 2461- Amended
A Resolution of the Assembly of the Ketchikan Gateway Borough, Authorizing
the Borough Manager to Prepare a Listing Agreement with Coastal Real Estate
Group, Gateway City Realty and Re/ Max of Ketchikan for the Open Listing of
Borough Lands, and Authorizing the Disposal of Borough Land Identified as
Phase One in the 2013 Assembly Policy Session as Recommended for
Disposal; and Providing for an Effective Date
RECITALS
A.
WHEREAS,
on January 26, 2013, the Borough Assembly reviewed the list of
Borough owned properties proposed for disposal in the Open Listing, Exhibit A, of
the Borough Land Sale; and
B.
WHEREAS, those deletions from the list of properties proposed for disposal
directed by the Assembly have been made and incorporated in Resolution 2461;
and
C.
WHEREAS, the Assembly finds that efforts to market the subject properties are not
as effective as what specialized real estate professionals could produce; and
D.
WHEREAS, the Assembly finds that the professional services to be secured from
one or more real estate professionals also would be provided for a uniform price
where bought, and therefore do not require competitive procurement; and
E.
WHEREAS, at the same meeting, the Borough Assembly was presented with the
proposal from Coastal Real Estate Group, Gateway City Realty and Re/ Max of
Ketchikan to market those properties. The commission rate will be ten percent of
the selling price to be shared as follow: five percent to the selling agency with the
remaining five percent to be shared among the remaining listing agencies; and
F.
WHEREAS, a formal listing agreement that identifies the listing price shall be
approved by the Assembly prior to any offering of the Open Listing properties for
actual sale; and
G.
WHEREAS, the Borough Manager is authorized to negotiate and execute a sales
agreement for a property within ten percent of the Assembly approved listing
price; and
H.
WHEREAS, the Borough Manager
shall
have five working days to
respond
to
an
Resolution No. 2461- Amended
Page 2
offer to purchase Borough property offered for sale; and
I.
WHEREAS, upon receiving an offer to purchase Borough property the amount of
the offer will be published on the Borough Lands web site and placed on the
Planning & Community Development bulletin board; and
J.
WHEREAS, the amount of earnest money at time of offer will be one thousand
dollars, and will be forfeited if the offer is withdrawn prior to the Borough Manager
accepting or rejecting the offer. The Earnest money will be returned if the offer is
rejected by the Borough Manager or if a higher offer has been submitted prior to
acceptance of the offer by the Borough Manager; and
K.
WHEREAS, the Borough Code
of
Ordinances, 11.45. 020, stipulates that the
Borough Assembly may, by resolution, authorize the disposal of Borough land; and
L.
WHEREAS, the Assembly finds that disposal of the subject Borough lands in the
manner described below is in the Borough' s best interest; and
M.
WHEREAS, and the Ketchikan Gateway Borough recognizes that land located in
Exhibit A are currently not on the tax rolls; and
N.
WHEREAS, the Ketchikan Gateway Borough desires to get these parcels on the tax
rolls; and
O.
WHEREAS,
having these parcels in private hands, versus government hands
encourages economic development which serves the Ketchikan Gateway Borough' s
economic development interests.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY
THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH as follows:
Section 1.
Declaration of surplus property. The Assembly hereby determines that
retaining ownership of the properties listed on the Open Listing, Exhibit A, is not in the
Borough' s best interest and declares the property surplus.
Section 2.
Best interest finding. The Assembly finds that disposal of the properties
listed on the Open Listing, Exhibit A, by the method and on the terms set forth in the
above recitals and in sections 1- 3 of this Resolution is in the best interest of the Borough
under KGB Code 11.45. 020.
Section 3.
Authorization to dispose of real property. The Borough Manager is hereby
authorized to sell Borough property described as the Open Listing, Exhibit A, subject to
the following conditions:
Resolution No. 2461- Amended
1.
Page 3
The Borough Manager is authorized to enter in an open listing agreement with any
and all existing full service licensed real estate brokerage firms whose regular and
primary business is sales and marketing of real estate in the Ketchikan Gateway
Borough which elect to participate. The property will be listed on an " Open Listing"
basis with these real estate firms who which to participate. The commission rate
will
be 10%
of
the
selling
price.
the selling agency, and 5%
2.
commission will
be dispersed
as
follows: 5% to
to the remaining participating listing agencies.
The Borough Manager will have five working days to respond to an offer in any
amount
more
3.
The
higher than that
Earnest money
is 10%
below the listing price; all offers
the listing price shall be addressed by the Assembly.
than 10%
will
amount which
be $ 1, 000 and will be applied to the sales price. In the event
that the offer is withdrawn before the Borough Manager responds to the offer and
a higher offer has not been received, the earnest money will be forfeited in its
entirety.
4.
The amount of offers will be published on the Borough Lands web site and posted
on the bulletin board outside the Planning and Community Development
Department.
5.
The listing price will be established by the real estate professionals and presented
to the Assembly for approval by motion, which motion may be placed on the
consent agenda.
Section 4.
Effective Date. This resolution shall be effective immediately upon adoption.
ADOPTED this
k
.
25th
day of February, 2013.
7--
AEFFECTIVE
ray- Kiffer, Borough Mayor
ROLL CALL
ATTEST:
V
/
tji.
DATE:
FEBRUARY 25, 2013
YES
Bailey
V
Moran
d
Painter
V
Phillips
V
Rotecki
V
NO
N
Kacie Paxton, Borough Clerk
APPROVED AS TO FORM:
Thompson
V
Van Horn
V
Mayor( tie votes only)
t
are/
Scott A. Brandt- Errichsen,, Borough
4 AFFIRMATIVE VOTES REQUIRED FOR PASSAGE
Attorney
ABSENT
Resolution No. 2461- Amended
Page 4
Exhibit A
2013 Borough Lands for Disposal
Phase One
Sale#
Parcel Number
PropUse
Land
Sq
Ft
Land
Water
Acres
Frontage
Location
Zoning
7
304200065000
Remote Vacant
53, 579
1. 230
194. 0
PENNOCK ISLAND; WEST CHANNEL
RL
12
313620086000
Comm Vacant
30, 996
0. 712
159. 6
N PT HIGGINS RD 800 BLK
CG
13
313620091000
Vacant
59, 488
1. 366
0. 0
N PT HIGGINS RD 800 BLK
RL
15
313640004000
Vacant
33, 106
0. 760
0. 0
N TONGASS HWY 15000 BLK( BEHIND)
FD
111, 775
2. 566
0. 0
N TONGASS HWY 16000 BLK
FD
22
313710001010
Vacant
23
313710001020
Vacant
115, 994
2. 663
0. 0
N TONGASS HWY 16000 BLK
FD
24
313710069300
Vacant
138, 123
3. 171
659. 8
N TONGASS HWY 16000 BLK
FD
25
313710069700
Vacant
88, 687
2. 036
164. 9
N TONGASS HWY 16000 BLK
FD
0. 0
LONG ARM; MOSER BAY
RR
RR
27
686610002000
Remote Vacant
163, 746
3. 759
28
686610003000
Remote Vacant
256, 944
5. 899
0. 0
LONG ARM; MOSER BAY
29
686610004000
Remote Vacant
308, 902
7. 091
0. 0
LONG ARM; MOSER BAY
RR
30
686610005000
Remote Vacant
324, 592
7. 452
0. 0
LONG ARM; MOSER BAY
RR
35
686620001000
Remote Vacant
223, 754
5. 137
674. 0
LONG ARM; MOSER BAY
RR
36
686620002000
Remote Vacant
129, 176
2. 965
239. 0
LONG ARM; MOSER BAY
RR
37
686620003000
Remote Vacant
159, 256
3. 656
411. 0
LONG ARM; MOSER BAY
RR
38
686620004000
Remote Vacant
165, 012
3. 788
422. 0
LONG ARM; MOSER BAY
RR
39
686620005000
Remote Vacant
142, 200
3. 264
378. 0
LONG ARM; MOSER BAY
RR
40
686620006000
Remote Vacant
118, 007
2. 709
322. 0
LONG ARM; MOSER BAY
RR
41
686620007000
Remote Vacant
141, 905
3. 258
260. 0
LONG ARM; MOSER BAY
RR
42
686620063000
Remote Vacant
94, 111
2. 160
444. 0
LONG ARM; MOSER BAY
RR
44
702320083000
Res MBHM
23, 134
0. 531
0. 0
ROOSEVELT DR 6460
RL
46
852140065000
Res SFR
8, 802
0. 202
0. 0
EAGLE AVE 2741
RM