ITEM TITLE:
#16-39 Re-Authorizing the Negotiated Land Sale of a 5,368ft² Portion of Tract D, Block 3 of Block 20, Addition #2, Mineral Creek Subdivision to Edward (Mike) and Aurora Meller.
SUBMITTED BY: AnnMarie Lain, Sr. GIS/Planning
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Approve Resolution #16-39 reauthorizing the negotiated land sale of a 5,368ft² portion of Tract D, Block 3 of Block 20, Addition #2, Mineral Creek Subdivision to Edward (Mike) and Aurora Meller.
SUMMARY STATEMENT:
On November 3rd, 2015 the City Council approved Resolution #15-48 authorizing the negotiated land sale of a 5,368ft² portion of Tract D, Block 2 of Block 20, Addition #2, Mineral Creek Subdivision to Edward (Mike) and Aurora Meller. The Mellers are the owners of the adjacent real property Tract B, Addition #1, Woodside Subdivision.
The sale included a condition requiring the purchaser to have the property surveyed and re-platted to combine the newly acquired land with Tract B, Addition #1, Woodside Subdivision and to re-zone the combined parcel as Single-Family Residential.
Section 4.04.080 of the Valdez Municipal Code requires land sales to be effectuated within one year of the date of approval. The one year deadline is November 3rd, 2016. If this date is not met, the resolution authorizing the land sale automatically expires.
The time necessary for the Mellers to re-zone, survey, and re-plat has taken a considerable amount of time. Unfortunately, the land sale is currently being reviewed by a land attorney as staff has received conflicting title reports in regard to ownership. As with all land sales a title report is ordered. The title report was returned suggesting the City does not have ownership of the property. Several decades ago when the City sold the property in this area for development the location in question was supposed to be “returned” to the City as snow storage during the sale/platting process. The title report for the transaction with the Mellers does not show clear title held by the City. About ten years ago the City sold another portion of this same land and the title report revealed no issues regarding City ownership. As a result, the land attorney is reviewing the matter and is expected to have ruling on the legal issue by the end of November.
Mr. Meller and the City have been moving forward in good faith to address all conditions of the sale. Mr. Meller and staff are requesting re-authorization of the land sale with the same conditions as were originally outlined. A copy of the original agenda statement and authorizing resolution are attached for reference. Administration recommends approval of this resolution.