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L <br />REQUEST FOR COUNCIL ACTION <br />1^<IEET\NG <br />MAY \ 3 2002 <br />CITY OF OHONO <br />DATE: May 9,2002 <br />ITEM NO: / ^ <br />Department Approval: <br />Name Ron Moorse <br />Title City Administrator <br />Administrator Reviewed:Agenda Section: <br />City Administrator ’s <br />Report <br />Item Description: Purchase Agreement Related to City Owned Property <br />The City is working with Dr. Carl Derg and his partners regarding their purchase of the two-acre <br />parcel of property owned by the City at the comer of Highway 1 2 and Old Crystal Bay Road. They <br />are planning a'dental office building on the site. Several months ago the City determined the value <br />of the property, and this value was reflected in a purchase agreement proposed by Dr. Berg and his <br />partners. Rolfe Worden, the City ’s real estate attorney, reviewed the proposed purchase agreement <br />and prepared a revised agreement which was sent to Dr. Berg in mid-February. A copy of this <br />revised purchase agreement is attached. <br />The partnership proposed a number of amendments to the purchase agreement as laid out in the <br />attached letter from Rolfe Worden. The most significant of the amendments relates to the portion <br />of the property on w hich the Old Crystal Bay Road bike trail is located. The partnership w as not <br />aware that the bike path was located on the parcel until recently. The partnership is proposing that <br />the portion of the site on which the path is located be divided away from the remainder, and that the <br />price be reduced by $33,000 based on a reduction of6,000 square feet at a value of $5.50 per square <br />foot. The City Attorney has suggested to the partnership that It may be advantageous to retain the <br />fee title to the bike path area and provide an easement to the City for the bike path. They have <br />indicated the presence of the bike path has significantly impacted their development proposal. They <br />believe the value of the total parcel should be reduced by the value of the bike path area. <br />It is staff s recommendation that the sale of the property should include the entire property, including <br />the bike trail area, and that the City retain an easement for the trail and that the price of the property <br />be reduced by the value of the trail easement. When the City acquires easements for trails, it <br />generally pays market value on a per-square-foot basis. It is reasonable to reduce the value of the <br />parcel by the value of the easement, based on a value of $5.50 per square foot. The value of the <br />parcel should be determined by subtracting the area of the easement from the total area of the <br />property. <br />COUNCIL ACTION REQUESTED; <br />Motion regarding revisions to the purchase agreement related to the sale of the City ’s property at <br />2765 Kelley Parkway. <br />1