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Fairbanks North Star Borough Department of Land Management 2009 Land Auction October 17, 2009 Table of Contents 2009 Highlights .............................. 3 Important Dates ............................. 3 Auction Instructions Participant Eligibility ...................... 4 Bidder Registration ........................ 4 If you can’t attend .......................... 4 Outcry Auction ............................... 4 Successful Bidders ........................ 5 Terms ............................................ 5 Over-the-Counter Land Sales ....... 6 Development Incentives ................ 6 Development Restrictions ............. 6 Required Reading (continued) Utilities .................................................... 9 Sewer & Water ........................................ 9 Driveways, Roads & Drainages .............. 9 Trails & Easements ................................. 9 Land Auction Overview Map ................ 10 Property List .......................................... 11 Maps and Property Information Salchaket Heights Subdivision .............. 12 Silver Lake First Addition Subdivision ... 15 Buyer’s Checklist .......................... 7 Disclaimer .............................................. 18 Required Reading Site Inspection ............................... 8 Finding the Parcel ......................... 8 Conveyances & Taxes .................. 8 Zoning ........................................... 8 Building Codes .............................. 8 Platting .......................................... 8 Storm Water .................................. 8 Mineral Resources ........................ 9 Addendums Addendum A - Sample Power of Attorney Addendum B - Sample Purchase Agreement Addendum C - Sample Warranty Deed Addendum D - Sample Warranty Deed Addendum E - Salchaket Heights Plat Addendum F - Silver Lake First Add. Plat Contact Us Fairbanks North Star Borough Department of Land Management Mailing: PO Box 71267, Fairbanks, AK 99707-1267 Physical: 809 Pioneer Road, Fairbanks Phone: (907)459-1241, Fax: (907)459-1122 Email: property@co.fairbanks.ak.us Web: www.co.fairbanks.ak.us Page 2 September 16, 2009 Land Auction HIGHLIGHTS for 2009 It is the intent and goal of the Fairbanks North Star Borough (Borough) to offer for sale to the general public patented, unretained, general grant lands. The Department of Land Management is authorized by Ordinance No. 2008-20-21, adopted by the Assembly on June 11, 2009, to sell certain Borough-owned lands, set the date for the 2009 Public Land Auction and specify the terms and conditions of the sale. 27 Borough-owned lots are available for sale at this auction: Salchaket Heights Subdivision 20 Lots located approximately 50 miles southeast of Fairbanks near Harding Lake Silver Lake Subdivision First Addition 7 Lots located approximately 60 miles southeast of Fairbanks near Milepost 314 of the Richardson Highway New This Year Important Dates And Locations A 10% refund of purchase price will be made to new purchasers meeting the development criteria specified in Ordinance No. 2008-20-21. See page 6. All events will be held at the Borough Administrative Center (BAC) located at 809 Pioneer Road, Fairbanks. October 5th through 16th, 8:00 am to 5:00 pm - Bidder cards available for purchase, Department of Land Management, 2nd floor. October 17th, 8:30 to 9:30 am - Bidder cards available for purchase prior to auction, first floor Lobby. October 17th, 10:00 am - Outcry Auction, Assembly Chambers. The auction starts promptly at 10:00 a.m.! September 16, 2009 Page 3 Auction Instructions Participant Eligibility Participants in the auction must be at least eighteen (18) years of age. The following persons may not participate in this auction either in their own name or in the name of their spouse, dependent child, or solelyowned or family-owned business: Borough Mayor, Borough Chief of Staff, and all employees of the Borough Land Management Department. No person who is delinquent in property tax or other financial obligation to the Borough may participate in the auction. Bidder Registration Thoroughly research the parcels you are interested in! There is no substitute for a personal inspection of the property. Once you have found a parcel you like, you can register as an outcry bidder, October 5th through October 16th, 2009 (8:00 a.m. – 5:00 p.m.) in the Borough Department of Land Management, 2nd floor of the BAC, or prior to the auction from 8:30 a.m. to 9:30 a.m. in the first floor lobby. When you register, you will pay a $250 registration fee and receive a bidder’s card and information packet. The registration fee must be in the form of cash, cashiers check or money order. In the case of a winning bid, the registration fee is applied to the purchase of a parcel. Your registration fee may be refunded on the day of the auction if you are not a winning bidder. Successful bidders on more than one parcel must pay an additional $250 deposit for each parcel they wish to purchase. If you can’t attend Mail in registration will not be accepted. If you cannot attend the auction, you can give a power-of-attorney to someone to act on your behalf. A sample Special Power-of-Attorney form is included in Addendum A of this brochure. The person with power-of-attorney must have the executed form in his/her possession at the time of bidder registration and at the auction. Be sure the person to whom you have given power-ofattorney knows that he/she must be present at the auction. If that person is not at the auction, you lose the opportunity to buy parcels. Outcry Auction The outcry (oral) auction will be held Saturday, October 17th, starting promptly at 10:00 a.m. in the Borough Assembly Chambers, 1st floor of the BAC, 809 Pioneer Road, Fairbanks, Alaska. The minimum bid for each parcel is 95% of Fair Market Value (FMV) as determined by the Borough Assessor. The minimum bid for each parcel is shown on Page 11 in the ―Property List‖ section of the brochure. The auctioneer will begin bidding at the minimum bid. Parcels will be auctioned in alphanumeric order by subdivision. Page 4 September 16, 2009 Instructions (continued) Outcry Auction (cont.) Use your bidder’s card to signal your bid(s) to the auctioneer during the auction. You may bid on more than one parcel. If you are the high bidder on a parcel at the auction, you will proceed to the winning bidder’s table*. Borough financing is available but is subject to credit approval and acceptance. If you plan to finance through the Borough, you will need to complete a credit check form and pay a nonrefundable credit check fee at the time you sign the Real Estate Purchas Agreement. If you are purchasing the property jointly with another person, each person is subject to credit approval and the credit check fee (currently $15 per individual, or $26 per married couple). If you fail to receive credit approval, the Borough will refund your $250 bidder registration fee. Successful Bidders As a successful bidder, you will be asked to complete and sign a Real Estate Purchase Agreement with the Borough*. All closings must be completed by 5 pm on December 18, 2009. At closing, you will be required to pay the full winning bid amount or finance this amount through the Borough. Borough financing requires a minimum of 10% of your winning bid as down payment. Conveyance of the parcel will be by warranty deed. Terms Closing costs average $200. You will be notified of the exact amount of these fees at the auction. Acceptable forms of payment for the down payment and closing fees are cash, cashier’s checks and certified checks. Personal and business checks will not be accepted. In addition, you will be required to submit a check for $130.00 payable to the financial institution handling the Borough’s escrow accounts for annual escrow fee and set-up fee at time of closing. The balance will be paid in equal monthly installments according to an amortization schedule currently based on 6.5% interest per year for a period of ten years. Payments of unpaid balances may be accelerated at the option of the purchaser. There is no penalty for prepayment. *No later than immediately after the last parcel in the Auction is sold. If you fail to complete the purchase for which you are the winning bidder or fail to close by December 18th, you will forfeit the $250 bid registration fee and the right to purchase the same parcel in the Over The Counter Sale Program. September 16, 2009 Page 5 Instructions (continued) Over-theCounter Land Sale Parcels not sold at the outcry auction will be reoffered over-the-counter beginning 10 am, Tuesday, October 20th, 2009 in the Borough Department of Land Management, 2nd floor of the BAC. Development Incentives Any auction or over-the-counter purchaser of property authorized for sale, who, within five years of the date of the completion of the Golden Valley Electric Association (GVEA) electric system to the subdivision, constructs a permanent residence and connects to the electrical system will be entitled to a 10% refund of the purchase price paid to the Borough. The refund will be issued once the owner provides written verification that electrical service has been connected to a permanent residence on the lot which meets GVEA criteria. GVEA’s criteria determines whether a dwelling qualifies as a permanent residence. Refunds shall be either credited to the principal balance due the Borough or in the case of a cash sale, paid directly to the purchaser. There will be only one refund issued per lot per hookup. As of this printing the power lines are still under construction. We will announce the beginning dates of the development incentive. Note: In order to qualify for the development incentive, you must be current on your payments (lots with Borough financing). Development incentives in Title 25.15.030(E) do not apply to this sale. Development Restrictions The lots in Salchaket Heights Subdivision are subject to erosion control easements. These easements limit use within the easement and are intended to prevent off-site erosion. The easements are essentially filter strips which restrict disturbance of natural surface vegetation except where it is necessary to pierce through for driveway construction. Trees may be removed within filter strips to improve views or create fire breaks, but must be hand cleared as surface vegetation shall not be disturbed in a manner which exposes mineral soil. Driveway Permits using Best Management Practices are required and may include erosion control measures such as silt fencing, re-seeding, mulching, rip rap rock, etc. Contact Bill Gryder, P.E. Borough Road Service Engineer at 459-1223 for more information. Additional erosion controls include a deed restriction which limits cleared area to a maximum of 12,000 square feet per lot. Areas excavated during construction may be reseeded and will not count towards the 12,000 sq. ft. limit. The bidders packet contains specific wording of the deed restriction. Page 6 September 16, 2009 Buyer’s Checklist Inspection Have you personally inspected the property? You are strongly encouraged to review all information and personally inspect the parcel you intend to bid on. Easements And Trails Are there any easements or encumbrances on the parcel which you intend to bid on? This information is available at the Borough Department of Land Management office. Zoning Does the zoning of the parcel allow the use you anticipate for it? The Borough Department of Community Planning can answer questions you may have regarding specific uses. Call them at (907) 459-1260 for more information. Access Does the parcel have adequate access year round for your needs? What provisions will be necessary for a driveway? Both subdivisions have constructed road access. In Salchaket Heights, have you talked to the Borough Road Service Engineer at 459-1223? Use Is the parcel suitable for your anticipated use? Is there a good building site on the parcel considering: soils and vegetation, wetlands, easements, trails, slope and aspect, zoning, setbacks and flood zones? Soils Are the soils on the parcel satisfactory for your intended use? What is the potential for permafrost and/or thermokarst pitting? Contact the USDA Natural Resources Conservation Service (NRCS) for specific information about soil types at (907) 479-2657. Slope Is the slope satisfactory? Is the slope too great for your intended type of construction? Water If you desire a well, how deep is the water table? Is the available water of good enough quality to fit your needs? Adjacent Properties Always check what is happening on land adjacent to the parcel. What is the potential for further development in the area, and will further development be of concern to you? Restrictions Are there use restrictions for the parcel in which you are interested? The Borough Department of Land Management can provide a copy of restrictions on parcels. September 16, 2009 Page 7 Required Reading Site Inspection All participants are encouraged to personally examine parcels prior to bidding. The Borough does not guarantee that the parcels are suited for any particular use whatsoever. Finding the The parcels in this auction have been posted. The corners of all parcels are monumented in the field and some of the property lines are brushed. If you need help finding the corners of a parcel, please contact the Borough Department of Land Management at (907) 459-1241. A sample sign is shown at left. Parcel Conveyances & Taxes Conveyance of title to parcels sold in this auction will be by warranty deed. There are no known intervening owners or claimants, except where noted in this brochure. In addition to the erosion control easement and clearing restriction previously mentioned, the title will be subject to known easements and reservations of record. Property sold in this auction is also subject to property taxes and assessments. Presently there is no property tax due. You will be responsible for property taxes beginning with the 2010 tax year. Zoning All parcels offered in this auction are zoned in accordance with FNSB Code or Ordinances, Title 18 and shall be used in accordance with zoning. Zoning Permits are required prior to construction in Salchaket Heights Subdivision and encouraged in Silver Lake First Addition. Call the Department of Community Planning at 459-1260 for information. Building Codes The State of Alaska Division of Fire and Life Safety is the State Building Official. Residential housing that is three-plex or smaller is exempt from the Plan Review requirements. Call the Life Safety Inspection Bureau Fairbanks Office at 451-5200 for more information. Platting Plats of the Subdivisions are included as Addendum E and F. Storm Water Page 8 Construction and other activities that disturb one acre or more are regulated under the National Pollutant Discharge Elimination System and required to develop and implement storm water pollution prevention plans and are subject to US Environment Protection Agency regulations. Contact: William Ashton, ADEC Storm Water/Wetlands (907) 269-6283 Website: http://cfpub.epa.gov/npdes/stormwater/cgp.cfm September 16, 2009 Required Reading (continued) Mineral Resources The State retains ownership of all oil, gas, ore, minerals, fissionable materials, geothermal resources and fossil fuels which may be in or upon land conveyed to the Borough. The State has reserved the right to enter the land to explore for and develop these materials and may allow mining claims to be staked. However, State law also provides that the surface owner be compensated for damages resulting from mineral exploration and development. The State Department of Natural Resources (DNR) may close to mineral entry those areas where the potential subsurface use, ie. mining activity, would be incompatible with the proposed surface use, ie. residential subdivision. Call the DNR Division of Mining, Land and Water at (907) 451-2788 for more information. Utilities Electric service will be available to both subdivisions. Telephone service is available to some of the auction lots. To determine the availability of telephone service, contact Alaska Communications System, Inc. (ACS) at 811 or at 1-800-478-7121 or GCI at 1-800-800-4800. Sewer & Water Purchasers are responsible for their own water supply and sewage disposal systems. The Borough does not provide installations, test borings, percolation tests, wells, or other improvements. Water and sewer related improvements are subject to applicable State regulations enforced by the State of Alaska, Department of Environmental Conservation (ADEC). Call (907) 451-2109 for more information. To obtain water rights, the purchaser must apply to DNR, Division of Mining, Land and Water, at (907) 451-2788. Driveways, Roads & Drainages Silver Lake First Addition is not within a road service area, however Solita Street is maintained by the State of Alaska. Salchaket Heights is in a road service area, thus road maintenance is performed by the Service Area. Driveway permits are required from the Borough Division of Rural Services. Contact (907) 459-1223. No obstructions shall be placed in drainage ditches adjoining subdivision lots. Culverts of not less than 12 inches in diameter by 30 feet in length shall be placed on grade under driveways leading from public roads onto any lot to avoid obstruction of any drainage ditch. Trails & Easements Trails and easements are delineated on the subdivision plats, see Addendum E & F. Lots within Salchaket Heights are subject to Filter Strips described on Pages 6 and 14. September 16, 2009 Page 9 Overview Map 3 2 D SALCHA DR 4 3 8 9 10 RIC H A RD SO N US SURVEY 3212 LITTLE LA KE 10 11 HIGHWOOD 5 US SURVEY 3213 US SURVEY 3207 W EE DR ORCHID DR US SURVEY 3210 US SURVEY 3211 HA RDING LAK E W Y CHICK 6 Harding Lake H DR HID ORC AMY'S ACRES HIGHWOOD FLAG HILL 1 SALC HAKET TOWNSITE SALC HA TILMAN DR LAKESIDE 12 NEHRBAS 7 US SURVEY 3214 SALC HAKET HTS SEWELL III ¹ 2 11 DOWLIN G ACRES TA NANA RIV ER VALDZE TRAIL BUSHWING SPECULATION RIDGE SEWELL HA RIC N SO RD HW Y 15 6S 4E 14 13 18 17 FLYING S BOTANICAL GARDENS TA NANA RIV ER Salchaket Heights Subdivision Harding Lake is approx. 50 miles SE of Fairbanks 20 lots for sale 16 15 14 22 23 6S 5E TA NANA RIV ER WILIAMSBURG RD 23 24 WILLIAMS TANANA RICH a Rich 22 JAMESTOWN C T 19 DS AR AN Y A RI V ER 26 wy TA NANA RIV ER HW 27 N nH rdso ON TA 25 30 TA NANA RIV ER 20 21 Silver Lake First Addition, Mile 314 Richardson is approx. 29 Hwy Silver Lake 28 27 60 miles SE of Fairbanks 7 lots for sale 26 TA SILVER LAKE N AN A RI TA NANA RIV ER 3 2 Y HW ON AR DS 36 SILVER LAKE DR 31 RICH 35 V ER 34 1 6 RICH AR DS ON HW Y 32 33 34 35 5 4 3 2 City of Fairbanks Harding Lake Silver Lake Page 10 September 16, 2009 Property List Subdivision Name Block / Lot Acres Appraised Value Minimum Bid Salchaket Heights Block 1 Lot 1 2.463 $16,500 $15,675 Block 1 Lot 2 2.497 $16,000 $15,200 Block 1 Lot 3 2.556 $16,000 $15,200 Block 1 Lot 4 2.456 $16,500 $15,675 Block 1 Lot 5 1.850 $15,500 $14,725 Block 1 Lot 6 1.905 $15,000 $14,250 Block 1 Lot 7 2.013 $14,000 $13,300 Block 1 Lot 8 2.000 $12,500 $11,875 Block 1 Lot 9 2.487 $12,000 $11,400 Block 3 Lot 1 1.840 $18,500 $17,575 Block 3 Lot 2 1.837 $18,500 $17,575 Block 3 Lot 3 1.837 $17,000 $16,150 Block 3 Lot 4 1.859 $12,500 $11,875 Block 3 Lot 5 1.863 $12,500 $11,875 Block 3 Lot 15 1.841 $16,500 $15,675 Block 3 Lot 16 1.858 $15,000 $14,250 Block 3 Lot 17 1.910 $16,500 $15,675 Block 3 Lot 18 1.884 $16,500 $15,675 Block 3 Lot 19 1.837 $17,000 $16,150 Block 3 Lot 20 1.870 $17,500 $16,625 Lot 4 5.284 $12,000 $11,400 Lot 5 4.358 $10,000 $9,500 Lot 6 3.201 $ 7,500 $7,125 Lot 7 3.908 $ 7,000 $6,650 Lot 8 2.536 $ 6,000 $5,700 Lot 9 2.514 $ 6,000 $5,700 Lot 10 2.838 $ 6,000 $5,700 Silver Lake First Add. September 16, 2009 Page 11 Aerial Photograph Salchaket Heights Harding Lake Salchaket Heights Rd. Salcha Drive T6S, R5E, within Section 8 This property is located on Salchaket Heights Road off Salcha Drive, within the Harding Lake Recreational Area. There are 20 lots for sale. They range from 1.8 to 2.4 acres in size. Topography is varied from moderately sloping to moderately steep. Many lots have view potential of the lake. Electric service is available. Page 12 September 16, 2009 Property Information Salchaket Heights Development Per FNSB Ordinance No. 2008-20-21, a Development Incentive is availIncentive able to qualifying construction. (See page 6) History The Borough selected this land as part of the State of Alaska’s Municipal Entitlement Program (AS 29.65.010.a.5). DNR approved the selection and transferred title to the Borough by patent. Plat Salchaket Heights Plat #84-164, is Addendum E of this brochure. Location The property is located approximately 50 miles southeast of Fairbanks, off the Richardson Hwy on Salchaket Heights Road, in the Harding Lake area. Access Access is from Salcha Drive, a State-maintained road, which borders the lake. Mineral Estate The State of Alaska owns mineral rights. Soils The USDA Soil Survey map identifies soils within Salchaket Heights Subdivision as belonging to the Minto-Steese Series. A copy of the soils map and descriptions of soil types are available from the USDA Natural Resource Conservation Service. (USDA Soil Survey, Salcha-Big Delta Area, 1973). Slope There is a 185 foot rise in elevation from the shoreline to the intersec- tion of Salcha Drive and Salchaket Heights Road. The land rises another 230’ feet from the intersection to the highest point on the hill. Sale Lots are moderately sloping to moderately steep. Wetlands Management of wetlands is admin- istered by the US Army Corps of Engineers. For questions relating to wetland determinations visit: www.poa.usace.army.mil/reg contact the Fairbanks Office at 4742166. Vegetation Mixed spruce, both black and white, birch and aspen. Shrubs include willow and alder. September 16, 2009 Page 13 Property Information (continued) Salchaket Heights Zoning Rural Estate-2 (RE 2). Fire & There is no fire service as it is outside a Borough fire service area, Ambulance however, Salcha Rescue is a first responder for emergencies. Road Service Salchaket Heights Subdivision is located within the Salchaket Heights Road Service Area. For road service area information contact the Borough Rural Services Division at 459-1223. Utilities Electric service is available. Phone service is available to some properties. Cell phone service may be available, depending on providers. Other Wildlife and habitat management are administered by the U.S. Fish and Wildlife Service and by the Alaska Department of Fish and Game. Harding Lake is a documented seasonal concentration area for fish and migratory waterfowl and has been the site of a fisheries enhancement program by the ADF&G. Special Down-slope lot boundaries Restrictions in Salchaket Heights Subdivision will be subject to erosion control easements 40 feet in width to reduce soil loss and prevent offsite sediment transport. Areas subject to filter strips are shown at right. Salchaket Heights sale lots will also be subject to clearing restrictions limiting the area allowed to be Harding Lake cleared to 12,000 square feet per lot. See Development Restrictions on Page 6. Sediment To reduce storm water drainage velocities and control sediment delivDetention ery, a detention basin will be built in the first material site on the right Basin hand side as you ascend Salchaket Heights Road. Construction of the Basin is anticipated to take two weeks to complete. The project will be managed by the Borough Public Works Department. For more information contact Public Works at 459-1345. Page 14 September 16, 2009 Aerial Photograph Silver Lake First Addition Material site Ric har dso nH wy Solita St. Silver Lake T6S, R4E, within Section 36 This property is located at approximately Milepost 314 Richardson Hwy., off Solita Street. There are 7 lots for sale. They range from 2.5 to 5.2 acres in size. Topography varies from flat to gently sloping. There is trail access to Silver Lake. Electric service is available. September 16, 2009 Page 15 Property Information Silver Lake First Addition Development Incentive History Plat Location Access Trails Mineral Estate Slope Per FNSB Ordinance No. 2008-20-21 a Development Incentive is available to qualifying construction. (See page 6) The Borough selected this land as part of the State of Alaska’s Municipal Entitlement Program. DNR approved the selection and transferred title to the Borough by patent. A copy of the Silver Lake Subdivision First Addition, Plat #2009-92 is Addendum F of this brochure. The property is located approximately 60 miles southeast of Fairbanks, at milepost 314 on the Richardson Hwy. Solita Street is the access point from the Richardson Hwy. A multi-use public trail to Silver Lake is very close to the subdivision. The lake is approx. 1/2 mile from Silver Lake Drive. The State of Alaska owns the mineral rights. Topography varies from flat to gently sloping. Vegetation Mixed spruce, both white and black, birch and aspen. Shrubs include willow and alder. Soils The USDA Soil Survey map identifies soils within the floodplain portion of the subdivision as Tanana Silt Loam soils. Soils within the slope transition units of the subdivision are included with the Minto Silt Loam soils (subclassifications MnB and MnC). A copy of the soils map and descriptions of soil types are available from the USDA Natural Resource Conservation Service. (USDA Soil Survey, Salcha-Big Delta Area, 1973). Page 16 September 16, 2009 Property Information (continued) Silver Lake First Addition Wetlands Management of wetlands is administered by the US Army Corps of Engineers. For questions relating to wetland determinations visit: : www.poa.usace.army.mil/reg or contact the Fairbanks Office at 4742166. Zoning: General Use –1 (GU-1) Fire & Ambulance Service There is no fire service as the Subdivision is outside a Borough fire service area, however, Salcha Rescue is a first responder for emergencies. Road Service This Subdivision is not within a Borough Road Service Area however, the State Department of Transportation and Public Facilities maintains Solita Street. Utilities Electric and phone are available. Cell phone service may be available depending on your provider. Other Silver Lake is a site of a fisheries enhancement program by the Alaska Department of Fish and Game (ADF&G) to improve recreational fishing demands. The lake was stocked late spring 2009 with 800 rainbow trout. There are also opportunities to hunt bear and moose by permit from ADF&G in this area. September 16, 2009 Page 17 Disclaimer L and brochures are for informational purposes only, and do not constitute an offer to sell. It is possible that, after the publication of the brochure, modifications may become necessary. Anyone wishing information concerning modifications may write to the Borough Department of Land Management at P.O. Box 71267, Fairbanks, Alaska 997071267 or call (907) 459-1241. Any such changes will be announced and will be available as soon as possible. However, it is your responsibility to keep yourself informed of any changes or corrections. A lthough the Borough has researched the land that is for sale, the Borough makes no representation, either expressed or implied, with respect to the land that is for sale, including its quality, merchantability, or fitness for a particular purpose. This land is sold “as is” and you, the buyer, are assuming the entire risk as to its quality and suitability for your intended use. N ote: the Borough shall not be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or the inability to use the land that is for sale, even if advised of the possibility of such damages. D uring the sale period, or prior to, one or more parcels may be modified or withdrawn. The right is reserved to adjourn, postpone, or cancel this sale, in whole or in part, at any time prior to or during the offering, where such action is deemed necessary by the Borough Administration to protect the interest of the Borough. Thank You for your interest in the 2009 Land Auction! Page 18 September 16, 2009 Sample* Power Of Attorney FAIRBANKS NORTH STAR BOROUGH LAND AUCTION SPECIAL POWER OF ATTORNEY* The following special power of attorney form must be submitted if you cannot be present at the outcry auction on October 17, 2009. Your agent must attend the land auction, and must present a copy of the notarized special power of attorney and have at least one piece of photo identification, at the time your bid is announced as the winning bid. I_________________________________________________ of being a United States Citizen, or resident alien, and being 18 years of age, hereby appoint ________________________________________________________________ as my attorney in fact, to endorse my signature at the Fairbanks North Star Borough Land Auction to be held on October 17, 2009 and to execute any documents necessary on my behalf to enter into a contract to purchase property at said outcry auction. I hereby certify that I have reviewed the Fairbanks North Star Borough 2009 Land Auction Brochure/website and am familiar with its contents. Signature ACKNOWLEDGMENT STATE OF ALASKA FOURTH JUDICIAL DISTRICT ) ) ss ) The foregoing instrument was acknowledged before me on this _______ , 2009, by day of Notary Public in and for the State of Alaska My commission expires: September 16, 2009 * Note: This is a sample only and is Subject to change without notice pending legal review. Addendum A Sample* Purchase Agreement Parcel No. Bidder No. _________ Draft FNSB REAL ESTATE PURCHASE AGREEMENT* THIS AGREEMENT is made this ______ day of _______________, 2009 between the FAIRBANKS NORTH STAR BOROUGH, an Alaska municipal corporation, of P.O. Box 71267, Fairbanks, Alaska 99707-1267, ("Seller") and _______________________________________ of________________________________(―Buyer(s)‖). WITNESSETH. 1. Agreement for Purchase and Sale. Seller agrees to sell to Buyer(s) and Buyer(s) agree to buy from Seller the following real property: 2. Purchase Price. The total purchase price for such property shall be: ___________________________________________________DOLLARS $___________. 3. Terms of Sale: a. Downpayment. Buyer(s) shall pay $___________________as a downpayment, on the date and time of closing as shown on the Closing Schedule Form, hereby made a part of this Agreement. b. Balance Due. Buyer(s) shall pay the balance due, including interest thereon, by executing a Deed of Trust and Promissory Note in favor of the Seller, on such terms as the Seller shall indicate, no later than _______________________ (closing date). 4. Costs of Sale. Buyer(s) shall pay all costs of sale of every kind. 5. Credit Report. By executing this document, the Buyer agrees to allow the Seller to obtain a credit report. If the Buyer’s credit is not satisfactory, this sale shall be canceled and the Buyer’s bid registration fee/deposit will be refunded. The fee for the credit report will not be refunded. 6. Title. The Seller states that he has good and sufficient title to said property. The Buyer may obtain a title report at his/her option and cost. If title is defective, the down payment shall be refunded and all rights of the Buyer hereby terminated, except that the Buyer may, at his option, waive defects and elect to purchase. If title is good and Buyer refuses or neglects to complete the purchase of the above described property under the terms and conditions set forth herein, within the time allowed herein, the Buyer shall forfeit the bid registration fee/deposit as liquidated damages. Rights reserved in State patents, Federal patents or Territorial deeds, building or use restrictions general to the district, and building or zoning regulations and provisions shall not be deemed as encumbrances. 7. Warranties of Fitness. The Buyer hereby accepts the above-described property in its existing condition, having inspected it. The Seller makes no representations or warranties of any kind with regard to the property. 8. Integration. This and the attached Closing Schedule Form document constitutes the entire agreement between the parties, superseding all previous oral or written representations, discussions and agreements between the parties. 9. Authorization. If the Buyer is acting on behalf of a corporation or partnership or under a power of attorney, the authorizing documents are attached and incorporated herein. Failure to include those documents may result in a delay in closing and/or cancellation of the sale. 10. Sale Brochure. The Buyer has read the Seller’s 2009 Sale Brochure and is familiar with its contents. 11. Salchaket Heights Subdivision — ―Easement for Erosion Control‖. The Buyer is aware the lot is subject to an Easement for Erosion control which restricts use of the property encumbered by the Easement and agrees to abide by the terms of the Easement. 12. Salchaket Heights Subdivision—Construction Clearing Restriction. The Buyer is aware the lot is subject to a Construction Clearing Restriction that limits the amount of land which may be cleared to mineral soil and agrees to abide by its terms. 13. Salchaket Heights Subdivision—Driveway Permit. The Buyer acknowledges that the lot is within the Salchaket heights Road Service Area and therefore a driveway permit is required from the Borough Rural Services Division. The permit is subject to conditions set by the Rural Services Division Engineer. The Buyer agrees to apply for and abide by the terms of the permit prior to constructing access. 14. Effective Date. This instrument shall not be effective as a Contract until duly signed by all parties. After all the signatures, the effective date of agreement shall be the date set forth above. Please print all names, as they should appear on the warranty deed, deed of trust and deed of trust note. ___________________________________ Please indicate below if marital status should appear on the title: Do not indicate marital status. A single person(s). A married person. Husband and wife. ___________________________________ If Buyer is more than one person, please specify one of the following: As tenants by the entirety (husband and wife only) As tenants in common. Other (trust, corporation, partnership, etc.) Each of the parties hereto acknowledges receipt of a copy of this Agreement. Signature_____________________________________SSN______________________Date_________ FNSB Signature________________________________________________Date___________________ Addendum B * Note: This is a sample only and is subject to change without notice pending legal review. September 16, 2009 Sample* Salchaket Heights Warranty Deed DRAFT WARRANTY DEED (For Lots on the uphill side of Salchaket Heights Road)* The Grantor, FAIRBANKS NORTH STAR BOROUGH, a municipal corporation of the State of Alaska, P.O. Box 71267, Fairbanks, Alaska 99707-1267 for and in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, conveys and warrants to the Grantee, SANTA M. AND MARY CLAUS, husband and wife, as tenants by the entirety with right of survivorship, of P.O. Box 122509, Reindeer, Alaska 99799, the following described real property located in the Fairbanks Recording District, Fourth Judicial District, State of Alaska: EXAMPLE: Lot 20, Block 3, Salchaket Heights Subdivision filed as Plat No. 84-164 on July 30, 1984, in the Records of the Fairbanks Recording District, Fourth Judicial District, State of Alaska. Subject to: 1. All reservations, easements, exceptions, restrictions, covenants, plat notes and conditions of record, if any. 2. The following encumbrances shall run with the land for the benefit of the Grantor and shall be administered by the Grantor, its heirs or assigns: A. A perpetual Easement for Erosion Control 40’ (forty feet) in width parallel and adjacent to the southern and western boundaries of Lot 20 as depicted on the attached map. Said easement shall be for the benefit of the Grantor, its heirs and assigns, and successors in interest and shall run with the land. The purpose of the Easement is to prevent off site erosion which might be caused by development activities on the lot. Any activity within this easement, other than that specified in this paragraph, which would remove the vegetative cover to mineral soil is not allowed. Vegetation within the easement, such as brush and trees may be cut down to create fire breaks or improve views, but such activity may not disturb the surface vegetation in a manner which exposes the mineral soil below. If the Grantee, their heirs and assignees, wishes to remove any down vegetation from the easement it must be rem oved by hand and not by mechanized means. The Grantee, their heirs or assignees, are allowed however, to construct a driveway from Salchaket Heights Road to Lot 20 through this easement subject to the proviso that the construction and maintenance be authorized and accomplished according to the terms and conditions of a duly authorized Driveway Permit issued by the road service engineer, Salchaket Heights Road Service Area. B. Construction Clearing Restriction: The clearing of natural vegetation to mineral soil for driveway and building construction is hereby limited to a total area of 12,000 square feet. Areas proposed to be cleared shall be shown on the FNSB zoning permit. Subsequent requests to clear shall be submitted to the Grantor and may be approved upon re-vegetation of previously cleared areas with grasses, shrubs or similar vegetation having been established for a minimum of two complete growing seasons. DATED this day of , 2009. Fairbanks North Star Borough By: Jim Whitaker, Mayor, Fairbanks North Star Borough ATTEST: REVIEWED: Borough Clerk __________________ Assistant Borough Attorney ACKNOWLEDGMENT STATE OF ALASKA ) ) SS FOURTH JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me on this __________ day of _________________________, 2009 by Jim Whitaker, the Mayor of the Fairbanks North Star Borough, a municipal corporation of the State of Alaska, on behalf of the corporation. Notary Public in and for Alaska My commission expires: FAIRBANKS RECORDING DISTRICT Return to: Santa M. and Mary Claus P.O. Box 122509 Reindeer, Alaska 99799 September 16, 2009 * Note: This is a sample only and is subject to change without notice pending legal review. Addendum C Sample* Salchaket Heights Warranty Deed DRAFT WARRANTY DEED (For Lots on the downhill side of Salchaket Heights Road)* The Grantor, FAIRBANKS NORTH STAR BOROUGH, a municipal corporation of the State of Alaska, P.O. Box 71267, Fairbanks, Alaska 99707-1267 for and in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, conveys and warrants to the Grantee, SANTA M. AND MARY CLAUS, husband and wife, as tenants by the entirety with right of survivorship, of P.O. Box 122509, Reindeer, Alaska 99799, the following described real property located in the Fairbanks Recording District, Fourth Judicial District, State of Alaska: EXAMPLE: Lot 5, Block 1, Salchaket Heights Subdivision filed as Plat No. 84-164 on July 30, 1984, in the Records of the Fairbanks Recording District, Fourth Judicial District, State of Alaska. Subject to: 1. All reservations, easements, exceptions, restrictions, covenants, plat notes and conditions of record, if any. 2. The following encumbrances shall run with the land for the benefit of the Grantor and shall be administered by the Grantor, its heirs or assigns: A. A perpetual Easement for Erosion Control 40’ (forty feet) in width parallel and adjacent to the southern and western boundaries of Lot 20 as depicted on the attached map. Said easement shall be for the benefit of the Grantor, its heirs and assigns, and successors in interest and shall run with the land. The purpose of the Easement is to prevent off site erosion which might be caused by development activities on the lot. Any activity within this easement, other than that specified in this paragraph, which would remove the vegetative cover to mineral soil is not allowed. Vegetation within the easement, such as brush and trees may be cut down to create fire breaks or improve views, but such activity may not disturb the surface vegetation in a manner which exposes the mineral soil below. If the Grantee, their heirs and assignees, wishes to remove any down vegetation from the easement it must be rem oved by hand and not by mechanized means. B. Construction Clearing Restriction: The clearing of natural vegetation to mineral soil for driveway and building construction is hereby limited to a total area of 12,000 square feet. Areas proposed to be cleared shall be shown on the FNSB zoning permit. Subsequent requests to clear shall be submitted to the Grantor and may be approved upon re-vegetation of previously cleared areas with grasses, shrubs or similar vegetation having been established for a minimum of two complete growing seasons. DATED this day of , 2009. Fairbanks North Star Borough ___________________ By: Jim Whitaker, Mayor, Fairbanks North Star Borough ATTEST: REVIEWED: Borough Clerk Assistant Borough Attorney ACKNOWLEDGMENT STATE OF ALASKA ) FOURTH JUDICIAL DISTRICT ) ) SS The foregoing instrument was acknowledged before me on this __________ day of _________________________, 2009 by Jim Whitaker, the Mayor of the Fairbanks North Star Borough, a municipal corporation of the State of Alaska, on behalf of the corporation. Notary Public in and for Alaska My commission expires: ______ FAIRBANKS RECORDING DISTRICT Return to: Santa M. and Mary Claus P.O. Box 122509 Reindeer, Alaska 99799 Addendum D * Note: This is a sample only and is subject to change without notice pending legal review. September 16, 2009 Notes September 16, 2009 END

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