By Naomi Hatch
The Snowflake Town Council approved payment of $67,800 to Langley Temple Hills Estate, LLC, (Lan-gley) Tuesday evening, refunding the purchase price of 6.78 acres sold to the firm in 2000 as part of a 105.6-acre deal, though the town did not own the smaller parcel.
In 1998, the council approved the purchase of 120 acres of land from Frontier State Bank, and in December 2000, the council approved the sale of 110 acres of that land to Langley reported Town Manager Paul Watson at the Sept. 11 council meeting.
A sale agreement was executed by the Snowflake Municipal Property Corporation for 110 acres at $10,000 per acre, and the agreement included a provision for adjustment in total acreage after a final legal description was obtained.
The final legal description was for 105.612 acres, so the town received $1,056,120 minus settlement charges from Langley.
It was later discovered that an error was made in the final legal description and it included 6.78 acres of land that the town did not own. Parcel D is owned by Kirk Brimhall, not the town.
“This has been ongoing for some time and needs to be resolved one way or another,” said Mayor Kelly Willis, noting that when this has previously been discussed there were still questions. He asked if those ques-tions had been resolved.
“It is with 100 percent assurance, that parcel that they paid for, we did not own and they did not receive,” said Watson. Town Attorney Robert Hall concurred.
Councilman Tom Poscharsky moved to “approve a payment of $67,800 to Langley Temple Hills Estate, LLC, to settle any and all disputes and claims with such entity regarding the sale and transfer of lands by and between Snowflake Municipal Property Corporation under and pursuant to a sale agreement in December of 2000. Prior to such payment of $67,800, the town attorney shall prepare a settlement acknowledgement agreement between the town and Langley reflecting such full and final settlement of any and all claims and disputes, which agreement shall be authorized by resolution of Langley’s membership, executed by its manag-ing member and delivered to the town in exchange for such amount in full payment. The town manager is hereby authorized to sign such agreement upon the approval in writing thereof by the signature of the town attorney.”
Watson noted there would be a small fee for more title work, which Mayor Willis questioned.
Hall said that as Watson mentioned, there is a little more work with the title company. “This is critical,” said the attorney. One of the things that happened here is somewhere along the line the technical work failed… the technical work failed before and we want to make sure this time it’s done right.”
“We want the Langleys to know this was going on long before any of us were here. We want them to know we certainly want to make things right with them, and we want to be fair and square in their dealings with the town,” said the mayor.
The motion passed unanimously with an added stipulation to authorize spending a small amount for any title related work that may be necessary.
In other action Sept. 11, council:
* Unanimously approved a request from Fire Chief Pat Hancock for electrical infrastructure improvements relating to the emergency generator and electrical conduits for future use at a cost of $21,350, which will come from available wildland fire suppression funds.
The council had previously approved the preparation of documents to seek bids to construct drainage im-provements at Fire Station No. 1 to eliminate potential flooding up to the 100-year event. During the bid pack-age preparation, it was determined that the improvements are required prior to starting the drainage project. This will reduce the potential for rework of the proposed drainage improvements. The emergency electrical generator has been purchased and is onsite; however it is exposed to weather and staff feels it would be benefi-cial to complete this work.
* Approved the purchase of the 2001 Lee Boy Model 7000 asphalt paver from Pilot West Corporation at a cost of $14,500.
Public Works Superintendent Terry Cooper explained that they have a 15-year-old Puckett Brothers Power Box Paver, but it has rarely been used and did not make it through a large asphalt repair at the intersection of Fourth South and First West, and a skin-patch and thin overlays on Fourth South between First West and Third West.
They have identified several projects. Cooper said they will pay for the paver with money budgeted for a dump truck that, when purchased, came in approximately $15,000 less than the $100,000 budgeted.
“The reason that this works for us, is the fact that we have Terry (Cooper) on staff. His knowledge and experience is what allows us to buy this kind of machine,” said Watson, noting that Cooper is able to train staff.
*Unanimously approved the lease of 30 golf carts for 48 months at a cost of $1,750 per month from Ya-maha.
The town has had a lease agreement with EZGo for the past 48 months for $1,760.
“Continuing to lease is still the best option,” said Steve Schneider, manager of the golf course. The carts are rented for $16 per person, making enough to cover the lease costs.
By Naomi Hatch