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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,, `the 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 I. 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 II. 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 of the sale shall be published at least twice on successive weeks in the Daily Inter Lake. i I 10. That all proposed improvements, including sewer, water, and hydrant installations, be constructed pursuant to City , Standards at developer's expense. That the sewer lift station and related distribution ' 11. lain . I lines be located outside the floodp in lieu 12. That a cash donation be accepted by the City of park land dedication. -end roads, including those created with That all dead 13. be � terminated with cul-de-sacs having phased development, at least 40m-foot radii. all indi- ,� Consent to Plat" forms be completed by That property to be platted. ,. 14' legal interest in the p p viduals having 'a g on the preliminary plat 15 , That all improvements shown or as required here - and accompanying engineering drawings, in, be completed prior to any unit being occupied. if applicable, 16 , the amended preliminary That all delinquent taxes and other liens, P be paid prior to certification of plat. installed prior to construction 17. Tha t the fire hydrants be to provide fire protection. Kalispell That the classification of said premises under the P SECTION II. the action. Zoning Ordinance shall not change by ark land in dedication of p SECTION III That the Developer make a exclusive of all ublic arks and playgrounds and that said dedi- the amount of one -ninth of the combined area oflots , other dedications, for p 1 supra. cation may be made in accordance with Section I o£ the ,final plat of filing Recorder, That upon proper review and g Y Clerk & SECTION IV • Office of the Flathead Count said subdivision in the Cit of Kalispell. remises shall be a subdivision of the Y THE MAYOR said P THE CITY COUNCIL AND APPROVED BY , PASSED AND ADOPTED BY 1985. THIS DAY OF *eO ATTEST: City Clerk -Treasurer Don Halver, Y Of Kalispell,-certifY that the foregoing Clerk of the City the City of Kalispell, I the undersigned, City the City Cou Cil�f is a true COPY of the Resolution passed by Montana, at a regular meeting held Ci y ll, Montana Clerk of the City of Kalispe T I EXHIBIT 10A" Tract #1 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 SW4 of the NE4 and in the NW4 of the SE4 of 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 NW4 of the SE4, 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 NW4 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 NW4 of the SE4 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 boundary of said County Road a distance of 208 feet; thence South a distance .of 54 feet .to the point of beginning. 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 SW4 of the NE4 and NW4 of the SE4 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 NWa of the SE4, 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 bears 650.4 feet east of the west boundary of said NW4 of the SE4 and 978 feet south of the North boundary thereof; thence North 978 feet to a point on the North boundary of said NW4 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.