Chapter 13.52 Procedures to Purchase Northern Lights Subdivision Lots
Chapter 13.52
PROCEDURES TO PURCHASE NORTHERN LIGHTS SUBDIVISION LOTS
Sections:
13.52.010 Purpose
13.52.020 Procedures and Requirements
13.52.030 Additional Covenants
13.52.010 Purpose. A. The purpose of this ordinance is to set up procedures for applicant or applicants to purchase city owned land in the Northern Lights Subdivision at no cost, provided that they meet certain requirements. All covenants that were established in Master Declaration Plat # 2007-000140-0 Filed: 3/2/2007 in the Nenana Recording District will apply.
13.52.020 Procedures and Requirements. This ordinance declares and establishes the following procedures and requirements so long as the requirements and procedures for acquiring the same are followed and the City Council shall determine the fair market value for each lot acquired in the event the person or persons acquiring the same does not comply with the requirements and procedures.
A, Notice of Availability. When the city decides that it is ready to offer the lots for selection and acquisition, it will publish notice for a minimum of two consecutive weeks in the newspaper and on the City’s website.
B Costs of Lots. Said lots shall be made available at no cost so long as the requirements and procedures for acquiring the same are followed and the City Council shall determine the fair market value for each lot acquired in the event the person or persons acquiring the same does not comply with the conditions and procedures.
C. Application. A person or persons interested in acquiring any lot owned by the city and made available under this program shall file an application on a form to be supplied by the City with the City Clerk. A refundable deposit of $500.00 will be required at the time of application. Only cashier or certified check or money order will be accepted. Only one application per individual, eighteen years and older will be accepted. The City Council may require such information from time to time as it deems appropriate, including but not limited to, plans for the house to be constructed. See Exhibit F.
D. Selection of applicants for the free lot. Applications will be accepted on a first come, first served basis that has submitted a completed application and deposit. The application will be date and timed stamped upon receipt by the City Clerk. If the city receives more applications then it has lots available, a waiting list will be established, based upon first come, and first served criteria. City Council will validate the applications based upon this order. Applicant must be present, participate via phone, or have a legal representative at the lot selection meeting. At a council meeting, the City Council will acknowledge the applications on a first come, first served criteria. Lots will be chosen in the order that applications were received. If an applicant declines and does not designate a lot and requests a refund of the deposit, the applicant forfeits his or her place in the selection process. Once an agreement is entered into, deposit will not be refunded unless and/or until the applicant meets all the requirements.
E Title. After applicant has selected a particular lot, the City Council shall enter into an agreement with the applicant which will result in conveyance of title to the applicant secured by a deed of trust issued by the Fairbanks Title Agency with the City of
If the applicant timely performs their obligations under the agreement the$10,000.00 shall be returned to the applicant upon the applicant completing their obligations under the agreement and presenting the required documentation to the City of Anderson. If the applicant fails to timely perform their obligations under the agreement the $10,000.00 deposit shall become the property of the City of Anderson upon the City Clerk of the City of Anderson declaring by affidavit that the applicant is in default under the agreement. (Ord. 09-04 April 2009)
F. Deed of trust. The deed of trust shall require that within two (2) years from date of recording, construction of the residence which requires the completion of Alaska Housing Finance Corporation (AHFC) Summary of Building Inspections PR-102. The following inspections will be signed off by an approved certified state inspector on Form AHFC PR-102:
1. Plan Approval
2. Foundation and footing
3. Framing
4. Plumbing
5. Electrical
6. Mechanical
7. Installation of insulation and vapor barrier
8. Conditional approval
9. Final inspection.
AHFC PR-102 must be completed and if either of said requirements are not met, the property shall revert to the City unless the applicant pay the City a sum equal to the fair market value of the lot as determined by the City Council. If the applicant chooses to purchase the lot at full market value, the deposit will be applied towards the purchase. The applicant may be granted a one-time extension to meet the requirements by the City Council. A non-refundable processing fee of $ 500.00 will be applicable. (Ord 08-03)
G. Multi-family homes. Applications for construction of a multi-family home must be approved by the City Council. City Council will approve multi-family homes on an individual case by case basis. The City Council will notify the applicant of additional information requests.
H. Rebate. Participation in this program prohibits the applicant or applicants from participating in the Utility Rebate Program.
I. Miscellaneous. The City Council of the City of
13.52.030 Additional Covenants. A. One dwelling per lot. Not more than one building designed or available for use as a dwelling shall be erected, placed or converted to use as such, on any lot.
B. No lot described on the recorded plat of the subdivision shall ever be re-subdivided into smaller or larger tracts or lots nor conveyed nor encumbered in any less or more that the full original dimensions as shown on said recorded plat.
C. Only cottage industry business will be authorized, industrial and commercial businesses are specifically excluded.
D. Severability. Invalidation of any one of these covenants by judgment of court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
E. Enforcement. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. This City shall be under no obligation to enforce these covenants. (Ord. 07-05)