Resolution 4366 - Authorizing Sale of Daley Field to Rosauers170o
RESOLUTION NO. 4366
A RESOLUTION AUTHORIZING THE SALE OF A PORTION OF THE NW%, SECTION
20, T28N, R21W, FLATHEAD COUNTY, MONTANA TO ROSAUERS SUPERMARKET,
INC., A WASHINGTON CORPORATION AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH ROSAUERS SUPERMARKET, INC.
WHEREAS, the City of Kalispell, a municipal corporation, owns
certain real property described in Exhibit "A", attached
hereto and thereby made a part hereof, and
WHEREAS, by Ordinance No. 1242 the City Council created the
Kalispell City Airport/Athletic Complex Redevelopment
Plan and approved, as an urban renewal project, the sale
of said property to a developer and further authorized
the City to enter into a Development Agreement with a
developer upon terms and conditions consistent with said
Ordinance, and
WHEREAS, on February 3, 19.97, the City Council authorized the City
Manager to offer said property for sale and redevelopment
in accordance with the Plan, and
WHEREAS, Rosauers Supermarket, Inc. submitted a proposal for the
purchase of said property and redevelopment of said
property for purposes consistent with Ordinance No. 1242,
and
WHEREAS, the City and Rosaurs Supermarket, Inc. desire to enter
into negotiations on a Development Agreement which
adequately addresses the obligation of Rosauers
Supermarket, Inc. to redevelop the property, and
WHEREAS, the City Council desires to sell said property to
Rosauers Supermarket, Inc. for redevelopment as specified
in the Development Agreement, and
WHEREAS, said property is not held in trust for a specific purpose
and an election is not necessary to affect its sale, and
WHEREAS, the Development Agreement shall comply in all respects
with Ordinance No. 1242 and said sale will be in the best
interest of the City of Kalispell and its inhabitants,
and
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF-
KALISPELL, AS FOLLOWS:
SECTION I. That the Manager is hereby authorized to enter
into negotiations with Rosauers Supermarket,
Inc. and reduce to writing a Development
Agreement consistent with the Airport/Athletic
Complex Redevelopment Plan, the Daly Field
Offering Document, and the Redevelopment
Proposal of Rosauers Supermarket, Inc.
SECTION II. That upon review and approval of the
Development Agreement by the City Council, the
Mayor and City Clerk of Council are hereby
authorized to execute all legal documents
necessary to transfer, by Grant Deed, all the
City's right, title and interest in the
property described as a tract of land NWA,
Section 20, T28N, R21W, Flathead County,
Montana to Rosauers Supermarket, Inc., said
sale being contingent on receipt of the sum of
not less than $743,311.00 less any amounts
previously received.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS 15-"' DAY OF SEPTEMBER, 1997.
Attest:
C-
Debbie GVWd, CMC
Clerk of Council
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EXHIBIT "A"
That portion of the Northwest % of Section 20, Township 28 North,
Range 21 West, Principal Meridian, Flathead County, Montana, more
particularly described as follows:
Commencing at the Northwest corner of the Southeast %
of the Northwest % of said Section 20; thence along the
Easterly line of said aliquot part South 00001158" West
148.88 feet to the Point of Beginning of the parcel
being described; thence South 330061100 East 1200.75
feet to the Northwesterly line of that parcel described
as Tract II in Document No. 9202116120, records of
Flathead County; thence along said Northwesterly line
of said Tract II, North 56055116" East 439.83 feet to
the Southwesterly right-of-way line of U.S. Highway No.
93; thence along said Southwesterly right-of-way line,
North 33004119" West 1568.07 feet to the Southeasterly
line of that parcel described in Book 372, Page 172,
records of Flathead County; thence along said
Southeasterly line of said parcel South 560521570 West
300.01 feet to the Northeasterly line of that parcel
described in Book 507, Page 116, records of Flathead
County; thence along said Northeasterly line of said
parcel, South 33015145" East 60.37 feet to the
Southeasterly line of said parcel; thence along said
Southeasterly line of said parcel, South 56048158" West
140.83 feet; thence South 33006110" East 306.49 feet to
the Point of Beginning, containing 15.651 Acres of
land, all as shown on Certificate of Survey No. 12729.
Reserving therefrom a non-exclusive roadway and utility
easement, being 30 feet in width, lying Northwesterly
of and along the most Southeasterly line of the above
described Parcel 4.
Reserving therefrom a non-exclusive roadway and utility
easement, being 30 feet in width, lying Southeasterly
of and along the most Northwesterly line of the above
described Parcel 4.
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