File #: 22-419    Version: 1
Type: Action Item Status: Passed
In control: City Council
On agenda: 9/26/2022 Final action: 9/26/2022
Title: Purchase and Sale Agreement with James Lowder LLC, Southslope Investments, LLC, PShelton LLC, MDEH Holdings, LLC, and Copple LLC for acquisition of real property adjacent to Franzen Reservoir Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance; Natural Environment Stewardship; Safe, Reliable and Efficient Infrastructure.
Attachments: 1. Agreement
Related files:

TO:                      Mayor and City Council   

THROUGH:                      Keith Stahley, City Manager   

FROM:                      Kristin Retherford, Urban Development Department Director 

                                          

SUBJECT:

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Purchase and Sale Agreement with James Lowder LLC, Southslope Investments, LLC, PShelton LLC, MDEH Holdings, LLC, and Copple LLC for acquisition of real property adjacent to Franzen Reservoir    

 

Ward(s): All Wards    

Councilor(s): All Councilors    

Neighborhood(s):  All Neighborhoods    

Result Area(s): Good Governance; Natural Environment Stewardship; Safe, Reliable and Efficient Infrastructure.

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SUMMARY:

summary

 

The City of Salem owns and maintains the Franzen Reservoir in Turner, OR as a major component of its drinking water infrastructure. Staff has determined that in order to protect the integrity of the reservoir, it is prudent to acquire property adjacent to it to prevent development from occurring on the embankments surrounding the reservoir.    

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ISSUE:

 

Shall City Council authorize the City Manager to execute the attached Purchase and Sale Agreement for acquisition of real property adjacent to Franzen Reservoir?  

 

 

RECOMMENDATION:

recommendation

 

Authorize the City Manager to execute the attached Purchase and Sale Agreement (Attachment 1) for acquisition of real property adjacent to Franzen Reservoir.

 

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FACTS AND FINDINGS:

 

Staff has come to terms with James Lowder LLC, Southslope Investments, LLC, PShelton LLC, MDEH Holdings, LLC, and Copple LLC (collectively the “Seller”) (respective Members include: James Lowder, William Lowder, Patricia Shelton, Arnold E. Lowder, and Barbara Copple) on terms of a Purchase and Sale Agreement (Agreement) for acquisition of a portion of Seller’s property (Property) identified as Tax Lot 082W28B000300 in Turner and adjacent to Franzen Reservoir.  Key terms of the Agreement are below.

 

Purchase Price:                                          $242,500

 

Property Size:                                          ~2.3 acres

 

Earnest Money:                                          $10,000

 

Closing:                                                               within 30 days of creation of Legal Lot

 

Contingencies:                                          creation of Legal Lot, environmental review

  

BACKGROUND:

 

Funding for this acquisition will come from Water Rate funds.

    

                     Clint Dameron     

                     Real Property Services Manager    

 

Attachments:

1. Agreement