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Resolution 3571 - Resolution of Intent - Sale of PropertyRESOLUTION NO.. 3571 A RESOLUTION OF INTENTION TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY OF KALISPELL. WHEREAS, the City of Kalispell, a municipal corporation, owns certain real property located in that portion of Lot 7, Section 6, T28N, R21W, P.M.M., Flathead County, Montana, as more particularly described in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, and WHEREAS, Section 7-8-4201, Montana Code Annotated authorizes the City Council to sell, dispose of or lease any property belonging to the City upon proper passage of an Ordinance or I Resolution passed by two-thirds vote of all members of the City Council, and WHEREAS,, Ahe City Council of the City of Kalispell, Montana, desires to sell said property, for the purpose of financing certain improvements to other real property owned by the City of Kalispell, and WHEREAS, the property is not held in trust by the City of Kalispell for a specific purpose and therefore does not require an election in order to authorize it's sale, and WHEREAS, the property is not necessary for the conduct of City business nor for the preservation of property owned by the City and it is in the best interest of the City of Kalispell and its inhabitants to sell said property. . NOW, THEREFORE, be it resolved by the City Council of the City of Kalispell, Montana, as follows: SECTION 1. That the City of Kalispell sell certain real property located in that portion of Lot 7, Section 6, T28N, R21W, P.M.M., Flathead County, Montana, as more particularly described in Exhibit "A". SECTION 11. That the City Council of the City of Kalispell shall receive sealed bid proposals, addressed to the City Clerk, for purchase of the property from the City 'at a special Council Meeting on the 11th day of April, 1985 at 4:00 o'clock P.M. SECTION III That the terms of said sale shall be cash within ten (10) days after the notice from the City to the prospective purchaser that the bid for the sale of said property is acceptable to the City. SECTION IV. That prospective purchases of said property shall as a condition of bidding said property, submit to the City Clerk with their proposal, cash, certified check or bank money order in an amount of not less than five (5) percent of �the bid amount as earnest money. The'earnest money, herein required, shall assure that the prospective purchaser, whose bid is accepted, shall enter into, execute and perform according to his bid. Should the prospective purchaser fail and refuse to purchase the property, he shall forfeit such earnest money to the City. The earnest money of unsuccessful prospective purchasers shall be returned. SECTION V. Should the successful prospective purchaser fail to purchase the property, the City reserves the right to consider and sell said property to the next highest prospective purchaser. SECTION VI. The City shall require the successful prospective purchaser to bid at least ninety percent (90) of the appraised value. SECTION VII. Should the City fail to receive any bids for the property, should the bids received not be at least ninety percent (90) of the appraised value, the City Council reserves the right to sell the property at private sale at an amount agreeable between the City and a purchaser which shall be in the best interests of the City of Kalispell and its inhabitants. SECTION VIII. The City Clerk and City Attorney are hereby authorized to advertise the sale of the property, both through legal notice and commercial advertisement. Legal no ' tices of the sale shall be published at least twice on successive weeks in the Daily inter Lake. including sewer, water, That all proposed improvemen tstructed pursuant to City and hydrant installations, be con Standards at developer's expense. That the sewer lift . station and related distribution lines be located outside the floodplain. in lieu 12. That a cash donation be accepted b . y . the City of park land dedication. -end roads, including those created with That all dead - teyminated -with cul-de-sacs having phased development, be at least 40m-foot. radii. plat" forms be completed by all indi- 14. That-'] Consent to n. the property to be platted. viduals having 'a legal inter . est i ments shown on the preliTninary plat improve That or as required here 15 nying engineering drawings and accompa to any unit being occupied. in, b " e complet . ed prior d other liens, if applicable, 16. That all delinquent taxes an to certification of the amended preliminary be paid prior plat. installed prior to construction 17. That the fire hydrants be to provi . de fire protection. said premises under the Kalispell lassificatiOn of �10N 11. That the c SECI ance shall not change by the action. Zoning Ordin a dedication Of park land in 111. That the Developer make s , exclusive of all SECTION ombined area of lot d dedi- Th—e amount of one -ninth of the C )r -public parks and playgrounds and that sai other dedications, f( cc:o-rdance with Section 1 (12), supra. cation M , ay be made in a pyoper review arid filing of the final plat of rk & Recorderp SF-CTION IV. That Upon of the Flathead County Cle office of tLe City_of Kalispell. saFd subdivis'On in the on said premises shall be a subdivisi ROVED By THE MAYOR �PTED By THE C-ITY COUNCIL AND APP PASSED AND ADO 1985. DAY OF_,ed T H IS *eO ATTEST: -Treasurer Don Halver, City Clerk alispell,-certifY that the foregoing I the undersigned, City clerk of the City Of K C the City of Kalispell, Resolution passed by the CitY Ou is a true COPY Of the I . / — eeting he d Montana, at a regular m 11, Montana Clerk -of the I I EXHIBIT "All Tract A porticin of Gateway West Addition No. 34, according to the map or plat thereof on file in the office of the Clerk and Recorder, Flathead County, Montana, described as follows: A tract of land in the SWJ of the NE2- and in the NWJ of the SEJ of 4 Section 12, Township 28 North, Range 22 West, M.P.M., records of Flathead County, Montana, described as follows: Beginning at a point on the North boundary of said NWi of the SEk, which point is 204.4 feet East of the Center of said Section 12; thence from said point of beginning South 380 feet to a point on the center line of Spring Creek; thence Southeasterly along the center line of said Spring Creek a distance of 499.89 feet, more or less, to a point which bears 412.4 feet East of the West boundary of the NW-k of the SE' and 832.2 feet South of the North boundary thereof; thence North 832.2 feet to a point on the North boundary of said NW* of the SEk which- bears 412.4 feet East of the Center of said Section 12; thence continuing North a distance of 54 feet to the South boundary of the County Road; thence West along the South bbundary of said County Road a distance of 208 feet; thence South a distancel.of 54 feet.to the point of begtrining. Tract #2 A portion of Gateway West Addition No. 34, according to the map or plat thereof on file in the office of the Clerk and Recorder, Flathead County, Montana, described as follows: A tract of land in the SWk of the NEi and NW-4' of the SE2'r of Section 12, Township 28 North, Range 22 West M.P.M., Flathead County, Montana, particularly described as follows: Beginning at a point on the north boundary of said NWJ of the SU, which point is 412.4 feet East of the center of said Section '12; thence' from said point of beginning South 832.2 feet to a point in the center line of Spring Creek; thence Southeasterly along the center line of Spring Creek a distance of 279.5 feet, more or less, to a point which bear's 650.4 feet east of the west boundary of said NW� of the SEI and 978 feet south of the North boundary thereof; thence North 978 feet to a point on the North boundary of said NW2'P of the SE* of said Section 12; thence continuing North a distance of 54 feet to the south boundary of the County Road; thence West along the south boundary of said County Road a distance of 238 feet; thence South a distance of 54 feet to the place of beginning.