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H1. Res. 6299, Boundary, Property Transfer to School District 5CTTYOF KALISPELL REPORT TO: Honorable Mayor Johnson and City Council FROM: Jarod Nygren, Interim City Manager 201 ls' Avenue East Kalispell, MT 59901 Phone: (406) 758-7700 SUBJECT: Boundary Adjustment/Property Transfer to School District 5 DATE: November 17, 2025 BACKGROUND: Following the relocation of the bus barn from the city shops property, it was brought to staffs attention that School District 5 also had 1.137 acres of ball fields on city property. The ball fields are utilized for school activities and have been in place for decades. The fields are already segregated from the city shops via a fence and would not alter city operations if the property is transferred. Section 7-8-4201 (2), M.C.A., allows the city to transfer the property to School District 5 if passed by two-thirds of the Council. If approved, the proposed action would Quitclaim the 1.137 acres of property to the School District. The action also includes a Reversionary Agreement that will be executed providing for the land to be transferred back to the city if the land is ever not used for School District purposes. The agreement will be incorporated fully into the Deed and recorded simultaneous to the Deed granting the Boundary Line Adjustment. RECOMMENDATION: It is recommended that the Council consider Resolution 6299, a Resolution authorizing transfer of the ownership of 1.137 acres (Parcel A) to School District 5 for the purpose of school functions and authorizing the City Manager to execute all necessary documents for such purpose. ATTACHMENTS: Resolution 6299 Reversionary Agreement Certificate of Survey Quitclaim Deed RESOLUTION NO. 6299 A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT AND TRANSFER OF CERTAIN REAL PROPERTY, AS DESCRIBED ON THE ATTACHED EXHIBIT "A", CURRENTLY OWNED BY THE CITY OF KALISPELL TO SCHOOL DISTRICT 5. WHEREAS, the City of Kalispell and School District 5 (SD 5) have utilized adjoining parcels near the city shops property for years, with SD 5 using 1.137 acres of that property as ball fields; and WHEREAS, SD 5 requested the City transfer ownership of the 1.137 acre parcel to them in order to continue to use them for ball fields and for school functions; and WHEREAS, per M.C.A. Section 7-8-420](2), a city or town council may sell, dispose of, donate, or lease any property belonging to the city or town and such action must be made by an ordinance or resolution passed by a two-thirds vote of all members of the council; and WHEREAS, ownership transfer to SD 5 would include a Reversionary Agreement that would provide for the land to be transferred back to the city if it ceases being used for School District purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute all documents necessary to effectuate the transfer of 1.137 acres of real property, as described on Exhibit "A", to School District 5. PASSED AND APPROVED BY TWO-THIRDS OF THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 17TH DAY OF NOVEMBER, 2025. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT A PARCEL A: (To become part of Tract 4) City of Kalispell to Flathead County School District No. 5) A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at a found Aluminum Cap being the southeast corner of the SE1/4 of Section 18, Township 28 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; Thence along the south boundary of said SE1/4, S88°04'53"W 688.95 feet to a found iron pin; Thence N00°22'06"W 248.44 feet to a found iron pin; Thence N00°54'56"E 341.22 feet to a set iron pin and THE TRUE POINT OF BEGINNING of the tract herein described; Thence S89052'55"W 301.13 feet to a found iron pipe corner fence post; Thence S02037'41 "E 96.70 feet to a found iron pipe corner fence post; Thence S85018'20"W 237.30 feet to a set iron pin; Thence N00013'24"E 186.28 feet to a found iron pin; Thence continuing N00013'24"E 50.00 feet to a set iron pin; Thence N88023'02"E 174.93 feet to a found iron pin; Thence S00057'58"W 121.00 feet; Thence N88022'18"E 359.83 feet; Thence S00054'56"W 13.82 feet to the point of beginning. Subject to and together with all appurtenant easements of record. REVERSIONARY AGREEMENT THIS AGREEMENT is made and entered into this day of November, 2025 by and between the CITY OF KALISPELL, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, 201 First Avenue East, Kalispell, Montana 59901, hereinafter referred to as "City," and Kalispell Public School District 5, 233 1st Avenue East, Kalispell, Montana 59901, hereinafter referred to as "SD5." RECITALS WHEREAS, City, being the owner of A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M., M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Tract 5 of Certificate of Survey No. (records of Flathead County, Montana), containing 7.072 acres more or less; Subject to and together with all appurtenant easements of record; as well as Parcel A of Certificate of Survey No. , more particularly described as A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at a found Aluminum Cap being the southeast corner of the SE1/4 of Section 18, Township 28 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; Thence along the south boundary of said SE1/4, S88°04'53"W 688.95 feet to a found iron pin; Thence N00°22'06"W 248.44 feet to a found iron pin; Thence N00°54'56"E 341.22 feet to a set iron pin and THE TRUE POINT OF BEGINNING of the tract herein described; Thence S89°52'55"W 301.13 feet to a found iron pipe corner fence post; Thence S02°3T41 "E 96.70 feet to a found iron pipe corner fence post; Thence S85°18'2011W 237.30 feet to a set iron pin; Thence N00° 13'24"E 186.28 feet to a found iron pin; Thence continuing N00° 13'24"E 50.00 feet to a set iron pin; Thence N88023'02"E 174.93 feet to a found iron pin; Thence S00057'58"W 121.00 feet; Thence N88022'18"E 359.83 feet; Thence S00054'56"W 13.82 feet to the point of beginning; Subject to and together with all appurtenant easements of record (hereafter referred to as "Parcel A"); and SD5, being the owner of A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M., M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Tract 4 of Certificate of Survey No. (records of Flathead County, Montana), containing 1 I Reversionary Agreement 2.135 acres more or less; Subject to and together with all appurtenant easements of record, have agreed to adjust the boundary line between their two properties as shown on the attached Certificate of Survey. WHEREAS, the City and SD5 agree that it is in the best interest of both parties that, should SD5 cease using Parcel A for purposes related to SD5 functions, the property immediately and without further action revert back to the City as though the Boundary Line Adjustment never occurred. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: If and when Parcel A described above ceases to be used for SD5 purposes at any time, then all right, title, and interest of SD5 in the above -described property shall cease and shall automatically, immediately, and without the necessity of any act, re -vest in and revert to City, or City's heirs, successors, and assigns. 2. This Agreement shall be incorporated fully into the Deed and shall be recorded simultaneous to the Deed granting the Boundary Line Adjustment. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF KALISPELL, MONTANA KALISPELL PUBLIC SCHOOL DISTRICT 5 Jarod Nygren, Interim City Manager Johnna Preble, City Attorney 1 I Reversionary Agreement N m W y 0. Wo 14 � ~ 6 o F c 12 Wwn d'N Imo G �bv my G m $'C� �S Q� rtil '.�71 CyO WF `vo4'4m 3ov °04 aa.4i$n ��..^G�p, v�$� j apt axe r�` w mw mvWa,G VFp; a a' qa �Y$-�vo Cmy^v I$ o�� orb Q F m W m Ifi° Vmi 'Elio "V N tr �ViG m [fi. 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CERTIFICATE OF S UR VE Y 2 Village Loop Kalispell, MT 59901 in S112SE114 SEC. 18, (406) 755-6481 T.28N., R.21W, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA JOB NO: 53311 SCALE! 1 " = 100' Sec. 18 DRAWING DATE: OCTOBER 1, 2025 lDD' 5D' D laD' 2DD' COMPLETED DATE: / / PURPOSE: RETRACEMENT (Tracts 1, 2 and 3) FOR/OWNERS: FLATHEAD COUNTY SCHOOL DISTRICT NO. 5 BOUNDARY LINE ADJUSTMENT (Tracts 4 and 5) FLATHEAD SCHOOL DISTRICT NO. 5 FLATHEAD COUNTY HIGH SCHOOL SCHOOL DISTRICT NO. 5 ] CITY OF KALISPELL ° a w � c t . a d Plat g 6 Termite t m a 45'01'� CamPanYs Add. g®lis anY soAdd' d0 R 1�3F) 8 a ComP8lnck y18 mp y " Rebar s Pa(2) 23129'R1 BrokeCap NB829'25E ) 'n 231.631 (F) ,•^^ei^I"^ "'n° COS. Parcel 8 129.0 '(M) ( Rebar & Smashed Cap ITRACT)1 ysI Parcel N00°Q �p) �00" 81.10 (1 0.447 Ac. 'J S88°50'58"W , S88°24'33"W 36. 18'((F)� 176.15' 36.10'(ii1 9 30 \ '/a" Reber & Cap (9344S) p.. �81 E406 N N eq`v ^�0ri° 4 a TPUCT3 5.047 Ac. A53 a ���� 4e h N00116'15E Parcel IT eO.04'(F) 2124 Parcel A COS. rcel % o SYa" o 2 Copperweld �n 0 o o0 N00°16'15'E 29. 03' F 2e.01'(RI) CarrPa NB8°32'08 E 21.02' NOO°28'Ol "W Z N00°21'44'E 232.23'(F) 232.17'(R1) 60.00'(F) 59.9B'(RI) COS. 16667 92.843((Rl) 211.21' °Ya" Tract 1 I!� a - TRACT 2 i S. 16319 3.024 Ac. N Oi i IL „1- �Q T o10^ N-. T s.", ,��... R-89 72' ^ o 174. 99'(R� N8B°23'02 E �y Q 1 1'_-1" L-49.85' o a 174.93(F) N88'22'49'E 359.72(F) Y " Reba, & o I), 1 d -31 °50'OB"� h 360.00'(R) Smashed Cap 80 , ,0 62.°g82�c ` TRACT 4 SB9'04'S2"W � �� sh C 41 1201 Street rfest 14803 pmd Plea g17 m 8 nas�ta3 0 a 0 ell T EelisP .a pdd. 9 � m ComPaw © •� •- Tfac 2p099 O O.S I !)� Rebar & ` a Cap (2989ES) t 2 T,.0 14838 r:, N Ttact p83 C jv SANDS ^ 1 Cp3 20 V 2" Al- Cap 2773 (147385) C O.S. Tr - al l emainder m y � m t �.eT b 1i � 6 y° 109.11'(F)1� ]09.15'(RI) f (Includes Parcel A) c 2.13 5 Ac. le Parcel A '1'' oll N CO00'� Lg90 pd0g i�v C` ap(9250ES) a oa N 1.1379c. y°221B"E 88 (49,5165gTtJ �--------- - 4 % , m o City to School Dist #5 o S89°52'55"W 301.13' m Parcel A o - I F( h� 45 �53 � 0 a N ry �ss.7' b4 � N '32'E �SB5°18'20'W 237.30' m N89°01 35.05'(F) 35. 00'(R) ` \ 0 y a TRACT 5 h a "' m vco 7.072 Ac., a N 7y8 9 O O.S , r� .L Recard pasia osW an r corner q SEYsSE Sec. 18 �`Y per C.O.S. 12152 \ TrgC,g152 005. NOTE: Surveyor has made no vestigative or m independent search tar easements of record, encumbrances restrictive covenants, ownership title evidence, ar any other facts that an rate and current title search may disclose. "W Parcel A C 0 S. 12551 ,ad & d Cep LEGEND. ® Section ,or er (as noted) 1116 Corn (s noted) Se[ 1/2Reebar & aCap 5)- Fnd 518' Rbar & Cp (76BIS) wFonnd Rebar & Cap (3375S) C Fonnd 518 5/B' Reba, &Cap (73285) W 3 Fhd, Rebar No Cap (size a noted) 0 SfjoPTO �A�SpEIL RlpCk 1 S02'1742 E 20. 00'(R)(F) N89°01'24'E 338.91'(R)(F) 17th Street West SB9°01 '24"W 340.03'(F) rQpo 340.11'(R) o Pareel4 96 ti Cp5 P,C 3%„ Perca14g97 A F 6037 COS P� C.O. Fonnd (s noted) Q$ g Found 3" dia. ..... r fence post set rate on n8' chain Imk q Hannan eecepi'dm nnments along o ¢ Tract 4 nth bonndarles. O(F) Found Information F(R) Record Info. Per CO.S, 10551 0 (RI) Record Info. Per C.O.S. 16667 1° (R2) Record Info. Per CO.S. 20083 y (R3) Record Info, Per Pero el 2 on k¢¢ Am d. Plat Lot ] Hlk. 219 of 09 Kalispell To R,, Cempnny's Add. f3 Poo Point of Beginning -`y-`- Existing 8' Chain link Fenoeno, Basis of Bearings: Geodetic North per stall, CPS single -point calibration 4� c� qmO' Zr' O0"1= � �%" Rebar & 22 F) o cap (25165) Qk 16 ($) P.O.B. N o 2.00' 35g8 1p5 Total CAS 491.15'(R) �192.82'±(F 491.19'(F) S8810453"W 688.95'(R)(p') S88°04'53"W 524.01't(F) 3Ya" Alum. Cap 538.97'(R) by MDT Ac t- DETAIL Radial Bearings I r-Uhlry C.OS 1 N89'52'49'E' I I r 6319 2 N17'54'29E' 3 N58°24'18'W' \� _ _ _� 4 389'51149 F ..<4 1 - SHEET 2 OF 2 SHEETS 5 N58'18'03 E' CERTIFICATE OF SURVEY No._ Return to: FHC School District No. 5 Aun. Matthew Jensen, Superintendent 233 1"Avenue East Kalispell, MT 59901 QUITCLAIM DEED THIS INDENTURE is made and entered into this day of 2025, by and between the City of Kalispell, a municipal corporation and political subdivision of the State of Montana, of P.O. Box 1997, Kalispell, MT 59901 as Grantor, to Flathead County School District No. 5, Kalispell, of 233 1` Avenue East, Kalispell, MT 59901, as Grantee. WITNESSETH, that Grantor, for valuable consideration, the receipt whereof is hereby acknowledged, does by these presents convey, remise, release and forever quitclaim unto Grantee, and to the personal representatives, heirs and/or assigns of Grantee forever, the hereinafter described real estate situated in Flathead County, Montana: PARCEL A: (To become part of Tract 4) A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at a found Aluminum Cap being the southeast corner of the SE1/4 of Section 18, Township 28 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; Thence along the south boundary of said SE1/4, S88°04'53"W 688.95 feet to a found iron pin; Thence N00°22'06"W 248.44 feet to a found iron pin; Thence N00054'56"E 341.22 feet to a set iron pin and THE TRUE POINT OF BEGINNING of the tract herein described; Thence S89°52'55"W 301.13 feet to a found iron pipe corner fence post; Thence S02°37'41 "E 96.70 feet to a found iron pipe comer fence post; Thence S85°18'20"W 237.30 feet to a set iron pin; Thence N00°13'24"E 186.28 feet to a found iron pin; Thence continuing N00°13'24"E 50.00 feet to a set iron pin; Thence N88023'02"E 174.93 feet to a found iron pin; Thence S00°5758"W 121.00 feet; Thence N88022'18"E '059.83 feet; Thence S00°54'56"W 13.82 feet to the point of beginning. Subject to and together with all appurtenant easements of record. NOTE: 'The area that is being removed from one tract of record and joined with another tract of record is not itself a tract of record. Said area shall not be available as a reference legal description in any subsequent real property transfer after the initial transfer associated with the certificate of survey on which said area is described, unless said area is included with or excluded from adjoining tracts of record.' Pursuant to ARM 24.183.1104(1)(f)(iii)(C)." TO HAVE AND TO HOLD unto the Grantee and to Grantee's heirs and assigns forever. GRANTOR: CITY OF KALISPELL, a municipal corporation and political subdivision of the State of Montana 0 Mark Johnson, Mayor of the City of Kalispell, Montana STATE OF MONTANA ss County of Flathead This instrument was acknowledged before me this day of 2025, by Mark Johnson, who is authorized to act on behalf of the City of Kalispell, Montana as its duly elected Mayor. (SEAL) Printed Name: Notary Public for the State of Montana REALTY TRANSFER CERTIFICATE Confidential Tax Document The information contained in this certificate is confidential by Montana law. Unauthorized disclosure of this information is a criminal offense, 15-7-308, MCA. PART 1 — DATE OF TRANSFER (SALE) M M/DDYYYYY) GEOCODE(S) ASSESSMENT CODE. The Department of Revenue will change the name on ownership records used for the assessment and taxation of real property when this form is fully completed and signed by the prepares (Please read the attached 'instructions on page 1 for assistance in completing and filing this form.) Montana law requires this form be completed and may impose up to a S500 penalty for failure to file a Realty Transfer Certificate (15-7-304 15-7-305 and iS7-310. MCA) PART 2 — PARTIES Please complete thfs section in full; if additional space is required, please attach a separate page Seller (Grantor) Enter the last 4 digits of the SSN or FEW w Name City of Kalispell SSN SSN FEIN Daytime Phone (408) 758-7942 o o n w Mailing Address P.O.Box 1997 (Permanent) City Kalispell ST MT ZIP 599o1 Seller Principal Residence _Yes No Email Address 0 v ` Buyer (Grantee) SSN m c Name Flathead County School District No. 5 SSN FEIN 't Mailing Address 233 1st Avenue East (Permanent) Daytime Phone (406) 751-3400 Email Address City Kalispell S7MT ZIP 59901 Buyer Principal Residence No Transfer to Trustee, Custodian, or other Representative, Trust FEIN Minor SSN _Yes Mailing Address For Tax Notice (If different) City ST ZIP LPART 3 — PROPERTY DESCRIPTION Please complete fully; if additional space is required, please attach a separate page. Legal Description see attached Attachment W County Flathead Block Lot CityrTown Kalispell Section 18 Township 28N Range 21W PART 4— DESCRIPTION OF TRANSFER Please complete fully. more than one option may apply. ❑ Sale ❑ Gift ❑ Barler &I Nominal or ne consideration ❑ Part of 1031 or 1033 exchange ❑ Transfer is subject to a reserved tile estate Distressed sates: ❑ Sherifffs deed ❑ Trustee's deed ❑ Deed in lieu of foreclosure ❑ Short sale ❑ other Transfer by Operation of Law ❑ Termination of life estate by death ❑ Termination of joint tenancy by death ❑ Transfer on Death deed CI. Court order or decree ❑ Merger, consolidation, or other ❑ Name change only (except sheriffs sale) business entity reorganization PART 5 — EXCEPTIONS FROM PROVIDING SALES PRICE INFORMATION Please complete fully, more than one may apply. ❑ Transfer between husbandhvife or parent/child for nominal consideration ❑ Transfer made in contemplation of death without consideration d Termination of point tenancy by death ❑ Transfer of property of a decedent's estate ❑ Transfer to a revocable living trust ❑ Transfer pursuant to court decree (except sheriffs sale) ❑ Gift ❑ Termination of life estate by death Rf Correction, modification, or supplement of previously recorded ❑ Transfer by government agency instrument, no additional consideration ❑ Tax deed ❑ Merger, consolidation, or reorganization of business enfity ❑ Land currently classified as forestland and for continued use for ❑ Land currently classified as agricultural land and for continued use for producing timber (15-7-307. MCA} agricultural purposes (15-7-307. MCA) PART 6 — SALE PRICE INFORMATION Please complete fully, more than one may apply. Actual Sale Price S Value of good will included in sate $ Financing: _Cash _FHA VA _Contract _Other Was an SID payoff included in the sale price? _Yes Terms: `New loan OR _Assumption of existing loan ,No Did the buyer assume an SID? _ Yes Value of personal property included in sale S _No Amount of SID paid or assumed: S Value of inventory included in sale $ Was a mobile home included in the sale? Yes No Value of licenses included in sales PART 7 — WATER RIGHT DISCLOSURE Disclosure is only applicable to the property identified in PART 3 above. ❑ A. Property is served by a public water W E. Seller has no water ❑ C. Seller is transferring ALL ❑ D. Seller is dividing or severing supply, i.e., city, irrigation district., or rights on record with water rights on record water fights. water district provides water DNRC to transfer. with DNRC to the Buyer X Seller (Grantor) Signature Date PART 8 — PREPARER INFORMATION Preparer's signature is required. X Signature Mailing Address i3r5 K 119 Nametle_ City Kalispell State MT ZIP 59901 (please print)( _ 5 g - 9N �, Daytime Phone Clerk and Recorder Ilse Only Recording Information: Document No, Book Department of Revenue Copy Page 3