H1. Res. 6005 Sale of Lot 48, Aspen Creek SubdivisionKALISPELL
TO: Doug Russell, City Manager
FROM: Susie Turner, P.E., Public Works Director
SUBJECT: Approving the Sale of City Property, Lot 48 of Aspen Creek Subdivision, to RPA
for Reconciliation of the Excess Property Purchased for the Westside Sewer
Interceptor.
MEETING DATE: November 16, 2020
BACKGROUND: This fall, the City completed construction of the Westside Sewer Interceptor
(WSI), an 8.25-mile-long sewer interceptor along the west side of Kalispell. The WSI will
service future growth and development in the west and north areas of Kalispell for a 20 plus year
planning horizon. RPA was the City's Consultant for the project planning, design, property
acquisition, and construction management. Design activities commenced in 2014 with a
preferred Route Assessment Study to examine and determine potential pipe alignments. Once a
preferred route was determined, land negotiations were initiated by RPA on behalf of the City,
and properties purchased.
Lot 48 is within Aspen Creek Subdivision and shares its southern boundary with a county
subdivision. The initial Route Assessment routed the WSI (north to south) within the roadway of
the county subdivision to and through Lot 48. Ultimately, easements were not able to be acquired
for a complete routing based on the initial assessment. The City therefore altered the routing of
the WSI and has no further municipal use for Lot 48.
RPA is offering to pay the total cost of $71,212.62, incurred by the City, for Lot 48 and the
associated consultant fees. This cost includes $65,227.62 the City paid for the lot as well as
$5,985 for the associated consultant fees. Additionally, RPA will pay for all closing costs
associated with this property sale.
RECOMMENDATION: Staff recommends the City Council pass Resolution 6005, a resolution
approving the sale of certain real property commonly known as Lot 48 of Aspen Creek
Subdivision according to the plat or map of record in the office of Clerk and Recorder for
Flathead County, Montana and previously acquired by the city for the purposes of utility
location.
ACTION REQUESTED: Motion to approve the passing of Resolution 6005, accepting the
offer and approve the sale of Lot 48 of Aspen Creek Subdivision to RPA.
FISCAL EFFECTS: The City will receive $71,212.62, for the sale of this property, and
reimburse the Sewer System Impact Fees Fund: Revenue Collection 5311-343330.
ALTERNATIVES: As suggested by the City Council.
ATTACHMENT: Resolution 6005, and Map of Lot 48
Public Works Department, 201 lst Ave E, Kalispell, MT
www.Kalispell.com
RESOLUTION NO. 6005
A RESOLUTION APPROVING THE SALE OF CERTAIN REAL PROPERTY
COMMONLY KNOWN AS LOT 48 OF ASPEN CREEK SUBDIVISION ACCORDING
TO THE PLAT OR MAP OF RECORD IN THE OFFICE OF CLERK AND RECORDER
FOR FLATHEAD COUNTY, MONTANA AND PREVIOUSLY ACQUIRED BY THE
CITY FOR THE PURPOSES OF UTILITY LOCATION.
WHEREAS, the City of Kalispell acquired Lot 48 of Aspen Creek Subdivision of record in the
Office of Clerk and Recorder of Flathead County, Montana for the purposes of
locating a portion of the West Side Interceptor [WSI] Sewer facilities; and
WHEREAS, thereafter it became necessary to change the route of the WSI which then no longer
necessitated the City's ownership of the above described property; and
WHEREAS, for the reason that the property purchase was ultimately unnecessary, the City's
consultant for the project, Robert Peccia and Associates, agreed to purchase the
above described property from the City for the price the City paid for it plus all
consulting fees it paid associated to the purchase for a total sales price of
$71,212.62; and
WHEREAS, pursuant to MCA F-8-4201, a 2/3rd vote of the Council is required to approve of
the sale.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That the City shall sell Lot 48, Aspen Creek Subdivision, according to the
map or plat of record in the Office of the Clerk and Recorder for Flathead
County, Montana, to Robert Peccia and Associates, for the total sum of
$71,212.62.
PASSED AND APPROVED BY THE CITY COUNCIL BY A 2/3RD MARGIN AND SIGNED
BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF November, 2020.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
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