1. Resolution 5417 - Approving Sale of City Property for Highway 93 Alternate Route (Tabled February 16, 2010)Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
TO: Mayor Tammi Fisher
and Kalispell City Council
FROM* Charles Harball, City Attorney
Jane Howington, City Manager
SU13JEC T: Resolution No. 5417 — Accepting and approving Sale of City
Property Located in. Greenbrier Subdivision to Fontana
Department of 'transportation for the Highway 93 Alternate
Route.
MEETING DATE: March 1, 2010 -- Regular Council Meeting
BACKGROUND: The planned. Highway 93 Alternate Route is scheduled to
require the acquisition by the Fontana Department of `transportation of a small
portion of the city owned parr and right-of-way 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. MDT held noticed public hearings and took public comment on
all portions of the Highway 93 Alternate Route which included discussions about all
properties to be acquired. 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.
RECOMMENDATION: '"I'he 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 t6 the state of Montana. Passage will require a 2/3
affirmative vote of the Council.
FISCAL IMPACTS: 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,
(-q
Charles Harba , City Attorney
)ane Howington, City Man er
WHEREAS, the Montana State Department of Transportation has offered to purchase, for the sum 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 1 ST DAY OF MARCH, 2010.
Tammi Fisher
Mayor
I.11�IY�. f�l
Theresa white
City Clerk
ROW\FORMS1ACQ\202
Revised 12-2003
DEPARTMENT OF TRANSPORTATION
Right -of -Way Bureau
Helena, Montana 59620-100
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.
ni-Orihi itinn
Landowner - 1 original
Helena File - 1
Nevisee i -zuu(
DEPARTMENT OF TRANSPORTATION
SUMMARY STATEMENT
OF
AMOUNT ESTABLISHED AS JUST COMPENSATION
Project ID MT-N H-NCPD 15(Z61 Designation Kalis ell Bypass
Parcel No. 161 Owner City of Kalispell
1. Identification of real property to be acquired:
A. Land: 0.23 acre
B. Improvements: 900 sf as halt 80 If curbing,-54 sf sidewalk li ht ole entry sin 9,000
sf sod, trees shrubs irrigation
C. Fixtures considered part of realty:
II. Estate or interest to be acquired:
® A. Fee Simple (excluding mineral rights)
❑ B. Leasehold
❑ C. Easement
® D. Construction Permit
® 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) contain(s) an analysis of the following information:
® A. Sales of other property (see listing below)
N 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 P. Johnson County: Flathead
(2) Grantor: Jeffe 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:
fight-o-Way ent Da a Presented
iviontana department of ! ransportation
Right -of -Way Bureau
PO Box 201001
Helena, MT 59620-1 001
R0W\Forms\P1n1520
State of Montana
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 15(76) Parcel No.: 161 County: Flathead
Designation: Kalispell Bypass
Project No.: 2038-076
Bargain and Sale Deed
This Heed, made this day of , 20 , in consideration of
+hca c-i im rnf nrnr-. M^lI0-1 r1r% A . *Lll— —A ... ,t �,. _ter- -E- -L�
U iG Jos I [ %it VI IV [.JU1101 `tp [ .00 j ai Iu ULI 1cr good at id valuable consideration now paid, the receipt
of which is acknowledged, witnesses that,
City of Kalispell
P.O. 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:P161:mr
Page I of 2
Bargain and Sale Deed Parcel No.: 161
Project ID.: MT-NH-NCPD 15(76)
Designation: Kalispell Bypass
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 unto the Grantors), its successors and assigns, all water, water rights, ditches, canals,
irrigation systems, existing or as relocated, if any, including but not limited to, water stock 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 Grantees).
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.
State of
County of
This instrument was acknowledged before me on
by
as
(date)
(name of person(s})
of
(type of authority, e.g., officer, trustee, member, partner, etc.)
(name of party on behalf of whom instrument was executed)
Notary Signature Line
(Seal)
Notary Printed Name
Notary Public for State of
Residing at:
My Commission Expires:
State of }
County of 3
This instrument was acknowledged before me on
by (date)
(name of persons})
as of
{type of authority, e.g., officer, trustee, member, partner, etc.}
(name of party on behalf of whom instrument was executed)
(Seal)
Recording Information
Notary Signature Line
Notary Printed Name
Notary Public for State of
Residing at:
My Commission Expires:
Page 2 of 2
ROW\FORMSIACQ1203
Revised 2-5-2004
City of Kalispell
PO Box 1997
Kalispell, MT 59901
Subject: Project I.D.:
Project No.:
Designation:
Parcel No.:
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
Right -of -Way Bureau
Helena, Montana 59620--1001
MT-NH-NCPD 15(76)
2038-076
Kalispell Bypass
161
REIMBURSEMENT NOTICE AND INSTRUCTIONS
This letter is to advise that, except as noted below, you are entitled to reimbursement
for real estate taxes actually paid on the portion of your property being acquired by the
Department of Transportation. The State shall reimburse you for the remaining tax
period after the State acquired title to or possession of your property, whichever is the
earlier date.
EXCEPTION: No reimbursement will be made if the State acquires only a portion of
your property and the reimbursable amount is five dollars ($5.00) or less, as computed
y the State when your request for reimbursement is received.
Reimbursement will be made when you have fulfilled the following requirements:
1. All current real estate taxes must be paid in full.
2. In the event only a portion of your property is being purchased, it will be necessary
for you to have the County Assessor complete Section B of the attached form
RW 149, Request for Reimbursement for Taxes Paid. This requirement is not
necessary when your entire property is purchased.
3. Complete Section C of form 204 and mail to the State of Montana, ❑epartment of
Transportation, Right -of -Way Bureau, P.O. Box 201001, Helena, Montana 59620--
1001, with documents as required by Section C. You may submit another request
.for reimbursement, subject to the requirements listed above, if you are required to
pay subsequent taxes on property acquired by the State. Additional forms may be
obtained on request at the address noted below.
This is your official notice from the State of Montana concerning this reimbursement
provision.
Thank you. STATE OF MONTANA
DEPA TMENT OF T ORTATION
of
By 1,2-7
Right -of -Way Ag nt D ate
Attachment
ROV\AFORMSIACQ1204
Revised 1 2-2003
STATE of MONTANA
DEPARTMENT of TRANSPORTATION
Right -of -Way Bureau
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
REQUEST FOR REIMBURSEMENT FOR TAXES PAID
SECTION A -- To be completed by Division Right -of -Way Bureau, State of Montana, Department of Transportation.
1. Identification:
Project ID: MT-NH-NCPD 15(76) Project No.: 2038-076
Designation: Kalispell Bypass County: Flathead
Parcel No.: 161 X Partial Taking Taking of
Entire Owner Property Owner: City of Kalispell
Contract Purchaser:
2. Land acquired is located in:
a. Urban or Suburban Subdivision as follows:
Lot(s) Block(s) Subdivision Citv, or Sec.. Twg.. and Rae.
b. Rural Location as follows:
Subdivisions Section Township Range
ange
A tract of land in the 12 28N 22 w
Parks of Greenbriar
Subdivision
3. Property acquired:
a. Land
Area General Land Classification razin cultivated etc.
0.23 acre Residentiallinvestment
b. Improvements Location
900 sf asphalt, 80 If curbing, 54 sf On site
sidewalk, Light pole, Entry sign, 9,000
sf sod, Trees/shrubs, Irrigation
SECTION B - To be completed by County Assessor. (Not applicable when the State of Montana, Department of
Transportation acquires total ownership.)
Based on the information shown in Section A, I have determined that the total general real estate tax for (year)
apportionate to the land and improvements acquired by the State of Montana, Department of Transportation is
Signature: Date:
ROW\FORMSIACQI204 Revised 12-2003
SECTION C -- REQUEST FOR TAX REIMBURSEMENT (Mark one of the following)
} I have paid taxes and am enclosing the required tax receipt, which shall be returned to me after reimbursement.
} The State acquired all of my property and I desire to have the State pay the tax shown on the enclosed statement in
my name by assignment to the County Treasurer from the amount withheld from the compensation paid for my
property. I understand that I shall be reimbursed for taxes in an amount representing the portion of the year that the
State has had possession of my property.
I fully understand that the State of Montana will compute the pro rata portion of taxes to be reimbursed based on
apportionate State tax accounting procedures.
Dated this day of
Address
City and State Zip Code
SECTION D - To be completed by the Right-of-way Real Estate Services Section, State of Montana, Department of
Transportation.
1. Effective date of possession or vesting of title, whichever is earlier:
2. Total real estate taxes shown in Section B (for partial acquisition) or on county tax statement (for total acquisition)
$ X % (applicable percentage representing portion of year the State has possessed
the property. Use Fora 51) = $ (Amount of Tax Reimbursement).
3. Computation for the claim and assignment, if any:
a. Amount withheld from settlement, if any ........... $
b. Amount of Tax Reimbursement ................. $
TOTAL .................. ... $
C. The assignment shall be completed for the total tax,
if applicable ........................ $
d. Due to Landowner ....................... $
4. Tax receipt received and returned: (Date)
5. Computed by:
Title: Date:
STATE OF MONTANA DEPARTMENT O.....TRANSPORTATION
.{hereinafter referred to as State ' Department acid/or MDT}
RIGHT OF
RM Project ID: MT-NH-NCPD 15(76)
(Continued from Previous Page)
Parcel No.: 67
A warrant in the amount of $6,450.00, to be made payable to City of Kalispell and mailed to Same at P.O. Box 1997,
Kalispell, MT 59901 upon notification to the District Office in Missoula that the items in clause # 3 have been
removed and reset per time frame in clause #6.
6. It is understood and agreed by and between the parties hereto that included in the amount payable under "Other
Compensation" herein is payment in full to compensate Grantors for the expense of performing the following work:
Relocate sign, relocate postal shed and relocate 5 lights. The Grantors agree to move the items mentioned by
2010. $6,450.00 of the compensation in clause #5 will be withheld and in the event the
Grantor does not relocate the items as agreed, the Department, it's contractors or assigns will remove sign, postal
shed and 5 lights from the right of way and the $6,450.00 will be used to compensate for the work in removing said
items.
7. It is understood and agreed that Grantor conveys all rights of ingress and egress, including future or potential
easements of access, except Grantor reserves the right of reasonable access to and from Grantor's adjacent
property. The amount being paid to Grantor herein is not based upon the loss of any property right, but is a
settlement for -the imposition of access control. It is further agreed and understood that access is provided to the
parcel off Green Briar Drive.
Approved as to all NSOP Items
(Must be signed if applicable) Signature Date
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATES SHOWN -
We understand that we are required by law to provide our correct taxpayer identification numbers) to the Montana
Department of Transportation and that failing to comply may subject us to civil and criminal penalties. We certify that the
numbers) below is/are our correct taxpayer identification number(s). We further certify that we are either U:S. citizens,
U.S. Resident Aliens, a partnership, corporation, company, or association created or organized in the U.S. or under the
laws of the U.S., 'an estate (non -foreign.) or a domestic trust.
Signature: Mike Baker Title: City Parks Director for Kalispell (Date)
Signature:
Signature:
Signature:
RECOMMENDED FOR APPROVAL:
Right -of -Way Agent
(Date)
( Date)
(Date)
Tax ID No.
Tax ID No.
Tax ID No.
Tax ID No.
APPROVED FOR AND ON BEHALF OF DEPARTMENT:
(Date) RAA/ Supervisor
Consultant Project or RAA1 Manager (if applicable) (Date)Acquisition Manager
Page 2 of 2
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