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2. Resolution 5497 - Notice of Intent to Sell Parkland - Empire Estates Phase 4Tel 406.758.7709 Fax 406.758.7771 charbalI C kalispell. com Mayor Tan° .ami Fisher and Kalispell City Council Charles Harball, City attorney Jane Howin.gton, City Manager Resolution No. 5497 — a Resolution of Intent to advertise and Sell a Surplus City Park Property in Empire Estates Phase 4 June 0, 2011 — Regular Council Meeting BACKGROUND: The final plat of Phase 4 of Empire Estates, approved by the city council on September 0, 2005 included a small 3,892 square foot parcel dedicated as city parkland. also as a part of the final plat of this phase the City received $16,920 as a payment in lieu of parkland dedication. These funds were utilized for development of the 1.75 acre park. in Empire Estates Phase 1. City Parrs and. Recreation Department finds that the subject parr parcel is of insufficient size to efficiently develop and maintain and is essentially redundant to the larger, more useful parr in Empire Estates Phase 1.. Staff is asking the city council to make the finding that the subject parcel is surplus to be offered to the public for sale. It would be the intention of the Parrs Department to use the proceeds from such sale to develop and maintain other pans within the City. MCA 7-8-4201 permits the City to sell city owned property that is deemed surplus upon the 2/3 vote of the City Council. The current resolution makes the finding that the property is surplus and authorizes advertising the property for sale to the public. Upon receiving a bona fide offer or offers, the matter will return to the city council for its consideration and vote. RECo ATION: That City Council give consideration to and pass Resolution No. 549'7. FI C IMPACTS: Sale of the property will eliminate the current maintenance costs of the parcel and provide capital for the operation and maintenance of other pans within the city. Respectfully submitted, per. Ch�r-1es Harball, PA/y attorne y A RESOLUTION OF INTENT TO ADVERTISE /` SELL A CERTAIN PARCEL OF SURPLUS CITY PARK PROPERTY DESCRIBED AS PARK IN BLOCK 3 OF FLATHEAD COUNTY, MONTANAO WHEREAS, the final plat of Phase 4 of Empire Estates, approved by the city council on September 6, 2005 included the above -described small 3,892 square foot parcel dedicated as city parkland as well as the receipt of $16,920 as a payment in lieu of parkland dedication, which sum was utilized for development of the 1.75 acre park in Empire Estates Phase 1; and WHEREAS, City Parks and Recreation Department has found that the subject park parcel is of insufficient size to efficiently develop and maintain and is essentially redundant to the larger, more useful park in Empire Estates Phase 1. and therefore seeks the city council to make the finding that the subject parcel is surplus and may be offered to the public for sale; and WHEREAS,, pursuant to the terms of MCA 7-8-4201 the City may sell surplus property; and WHEREAS, the Kalispell City Council. hereby finds that the subject property is surplus city park property that may be offered for sale to the public and that it is in the best interests of the City to use the proceeds from such sale to develop and maintain other parks within the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That parcel of city owned property described as: a parcel of land in the Southwest Quarter of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, further described as the PARK in Block 3 of Empire Estates Phase 4, according to the plat thereof on file and of record in the office of the Clerk and. Recorder of Flathead County, Montana, shall be advertised for sale. The best bona fide offer made shall be returned to the City Council for consideration and vote according to the terms of MCA 7-8-4201. SECTION II. This resolution will become effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY TIME MAYOR OF THE CITY OF KALISPEI. L, THIS 6TH DAY OF JUNE, 2011. Tammi Fisher Mayor ATTEST: Theresa White City Clerk