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3. Resolution 5417 - Approving Sale of City Property for Highway 93 Alternate Routei i` Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com hylvam" t"-n TOO Mayor Tammi Fisher and Kalispell City Council FROM: Charles Harball, City Attorney Jane Howington, City Manager SUBJECT.0 Resolution No. 5417 -- Accepting and approving Sale of City Property Located in Greenbrier Subdivision to Montana Department of Transportation for the Highway 93 Alternate Route. STING DATE. February 16, 2010 — Regular Council Meeting BACKGROUND: The planned Highway 93 Alternate route is scheduled to require the acquisition by the Montana Department of Transportation of a small portion of the city owned parr in the Greenbrier Subdivision. .MDT has made an offer to purchase the .23 acres from. the City for the appraised price of $32,250.00. The City Parks Department reviewed this offer and recommends to the Council that it is a fair price and that it is in the best interest of the city to consummate this sale. The City Parrs Department recommends that the proceeds of the sale be used to acquire and/or improve parks in the general area of the Greenbrier Subdivision. COM TION: The staff recommends that the City Council pass Resolution No. 5417 accepting the offer to purchase and approving the sale of this particular city owned property to the State of Montana. Passage will require a 2/3 affirmative vote of the Council. FISCAL .ACTS: The City will receive $32,250.00 as proceeds from the sale of this property. Council may determine the ultimate use of these funds. Respectfully submitted, Charles Harbal City Attorney Vane Howington, City ,Manager WHEREAS, the Montana State Department of Transportation has offered to purchase, for the sure of $32,250.00, a tract of land of about .23 acres in size and owned by the City of Kalispell located in the Greenbrier Subdivision and described as a tract of land in the Parks of Greenbrier Subdivision containing the improvements of 900 sq.lft asphalt, 80 llft curbing, 54 sq/ft sidewalk, light pole, entry sign, 9,000 sglft sod, trees, shrubs and irrigation, for the purposes of the construction of the Kalispell Bypass; and WHEREAS, it is in the best interests of the City of Kalispell that the truck route project with the MDOT ID of MT--NH-NCPD 15 (76), being constructed by the State of Montana, commonly known. as the Kalispell .Bypass, and that requires the above described subject property owned by the City, be completed; and WHEREAS, the Montana State Department of Transportation. has used as a basis for its offer comparative real estate sales in the immediate area consummated in the years 2007 and 2008; and WHEREAS, it is in the best interests of the City of Kalispell that it accept the offer by the Montana State Department of 'Transportation and sell the subject property to the State for the sum of the offer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the City Manager is hereby authorized to execute all necessary conveyance documents of the above -described real property owned by the City of Kalispell to the State of Montana for the purposes of Kalispell Bypass construction.. PASSED AND APPROVED BY THE CITY COUNCIL .AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF FEBRUARY, 2010. Tamrni Fisher Mayor ATTEST: Theresa white City Clerk February 28, 2010 RE: Resolution 5417 (Greenbriar sale to MDOT) Dear Council and Mayor of the city of Kalispell: My name is Dave Hedernan and I reside at 154 Greenbriar Dr. I may or may not be able to attend the upcoming council meeting, so I will offer comment by email regarding the proposed sale of .23 acres owned by the City to the Department of Transportation (AKA: Resolution 5417). I have downloaded and reviewed the proposal from your website. I (and several residents I have spoken to) are in full favor of the sale. Any future improvements to Two Mile Drive are welcome nevus, especially to those of us with children. A future bike path that connects our neighborhood with the Rails to Trails is also welcome news. While I don't have any concerns, I do have some suggestions: 1. It is my understanding that the proceeds from the sale will go to the Parks and Rec Dept. for maintenance and improvements to parks in and near Greenbriar. Again, good news. The narrow strip of land (owned by the city) south of and adjacent to the creek is overgrown with weeds, tree limbs, debris, and brush; and is unusable because of it. A minimal amount of work would greatly improve it's asthetics and usability. I would much rather my children play there than sit inside with electronic distractions. It would be greatly appreciated it if we could be assured that some of the proceeds could be designated for this improvement. 2. We would also like assurance that the light pole, stop sign, and street sign will be relocated and not simply removed. `there is money allotted for the relocation of the mailboxes but we would like to be sure that they are put in a place that will not create a traffic hazard. Any further questions can be directed to me at this email address, or by phone at (406) 871-8062. For the record, yes the Parks and R.ec maintains the lawn in the "buffer" along 2 Mile Drive. I know they are cash strapped at this time but the maintenance has been minimal. I have gone down there myself (as have other residents) to mow,weed- eat, sweep, and spray weeds, including knapeed which is listed by the State of Montana as one of the most invasive species. Thank you for your time. -Dave Hedeman ROWIFORMSIACQl202 Revised 12-2003 DEPARTMENT OF TRANSPORTATION Right -of -Way Bureau Helena, Montana 59620- 001 OFFER TO PURCHASE RIGHT-OF-WAY To: City of Kalispell Project ID: MT-NH-NCPD 15(76) PO Box 1997 Project No.: 2038-076 Kalispell, MT 59901 Designation: Kalispell Bypass Parcel No.: 161 Our records indicate you have an interest in the property as referred to on the attached forms. On behalf of the Department of Transportation, I am authorized to offer you $32,250.00 (Thirty -Two Thousand Two Hundred Fifty dollars) for this property. Said amount is the total offer for the interests shown on the attached Right -of -Way Negotiations Report and Agreement Form. This offer is based on the current fair market value appraisal of your property considering the effect the proposed highway, as shown on our official plans, will have on your property. The above offer has been determined by our appraisers to be the full, just compensation for the right- of-way acquired from you. The determination of just compensation disregards any decrease or increase in the current fair market value caused by the project for which the property is being acquired. In the case of separately held interest in the real property, the determination of just compensation includes an apportionment of the total just compensation for each of those interests. You will not be required to surrender possession of your property until the State has made available to you the full amount of this written offer. Arrangements may be made if you desire to surrender possession of your property before receiving this payment. In exceptional cases, changes of plans, unavailability of funds, or legal complications may prevent us from acquiring this property. Therefore, the Department of Transportation must reserve the right to rescind this offer without prior notice. nic.,trihiitinn Landowner - 1 original Helena File W 1 mevise[a -1-/-uur DEPARTMENT OF TRANSPORTATION SUMMARY STATEMENT OF AMOUNT ESTABLISHED AS JUST COMPENSATION Project ID MT-NH-NCPD 1Designation Kalispell Bypass Parcel No. 161 Owner City of Kalis ell I. Identification of real property to be acquired: A. Land: 0.23 acre B. Improvements: 900 sf asphalt, 80 If curbing-, 54 sf sidewalk light pole, entry sin 9 000 sf sod, trees, shrubs, irrigation C. Fixtures considered part: of realty: Il. Estate or interest to be acquired: Z A. Fee Simple (excluding mineral rights) ❑ B. Leasehold ❑ C. Easement D. Construction Permit Z E. Other (Describe): Cost to Cures (relocate mailboxes) and Access Control Ill. Statement of amount established as just compensation: A. For real property interest(s) to be acquired. $32 250.00 B. For damages (depreciation) to remaining real property. $ Total $32,250.00 IV. Basis for amount established as just compensation: The amount established as just compensation is based on the Department of Transportation's review and analysis of an appraisal(s) of the real property to be acquired, made by a qualified appraisers). The appraisal(s) contains) an analysis of the following information: A. Sales of other property (see listing below) B. Building cost data and/or contractor's estimates. ❑ C. Income data Property sales considered in establishing just compensation include the following: (1) Grantor: Harlen & Sheila Johnson Date of Sale: 03-06-08 Grantee: Larry PJohnson County: Flathead (2) Grantor: Jeffer G. & Allison W. Meslin Date' of Sale: 03-29-07 Grantee: Jason Stevens County: Flathead (3) Grantor: Jeff H. & Ardis M. Larsen Date of Sale: 05-23-07 Grantee: Edward s. & Mary Ek County: Flathead By: 0 /?,7 1 / fight -of -Way ent Da a Presented I.Iv 4 4i4ii ILA L.J%JRViUI U 11►;:[ I %Ji ! i Cif E.7FVJ LOUVi t Right -of -Way Bureau PO Box 201001 Helena, MT 59620--1001 R0W\Forms\P1n1520 State of Fontana Department of Transportation Right -of -Way Bureau 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 Revised 5/30/08 Project ID: MT--NH-NCPD 5(76) Parcel No.: 161 County: Flathead Designation: Kalispell Bypass Project No.: 2038-076 Bargain and Sale Deed This Deed, made this day of , 20 , in consideration of the sure of One Dollar ($1.00) and other good and valuable consideration now paid, the receipt of which is acknowledged, witnesses that, City of Kalispell P.Q. Box 1997 Kalispell, MT 59901 does hereby grant, bargain, sell and convey to the Montana Department of Transportation the following -described real property: Parcel No. 161 on Montana Department of Transportation Project MT-NH-NCPD 15(76), as shown on the Right -of -Way plan for said project recorded in the office of the County Clerk and Recorder of Flathead County, Montana. Said parcel is also described as a tract of land within the Parks of Greenbriar, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, as shown by the shaded areas on the plat, consisting of 2 sheets, attached hereto and made a part hereof, containing a total area of 0.092 ha (0.23 acre), more or less. ALSO, the Grantor hereby conveys to the Montana Department of Transportation all rights of ingress and egress over and across the access control lines shown on said attached plat. Grantor reserves the right of reasonable access to and from the adjacent property of the Grantor. It is expressly intended and agreed that these covenants, burdens, and restrictions shall run with the land and shall forever bind the Grantor, its successors and assigns. D1:2038: P 1 61:m r Page I of 2 Bargain and Sale Deed Project ID.: MT--NN--NCPD 15(76) Designation: Kalispell Bypass Parcel No.: 161 Excepting and reserving to Grantors), however, all gas, oil and minerals beneath the surface of the above -described and conveyed premises, together with the right to extract the same, provided that in the exercise of such right, the surface thereof shall not be disturbed, interfered with or damaged. This exception and reservation does not include sand, gravel and other road building materials, which are conveyed by this Deed. Further excepting and reserving onto the Grantor(s), its successors and assigns, all water, water rights, ditches, canals, irrigation systems, existing or as relocated, if any, including but not limited to, water stack or shares, bonds, certificates, contracts and any and all other indicia of water, water right and ditch ownership, or any interest therein appurtenant to the land described therein, save and except groundwater for the use, benefit and purposes of the Grantee(s). To have and to hold the above -described and conveyed premises, with all the reversions, remainders, tenements, hereditaments and appurtenances thereto, unto the Montana Department of Transportation, and to its successors and assigns forever. This Deed was executed on the date of its fast acknowledgment. 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