3. Resolution 5570 - Notice of Intent to Sell Surplus City PropertyCity of Kalispell
Charles A. Harball Office of City Attorney Tel 406.758.7709
City Attomey 201 First Avenue East Fax 406.758.7771
P.O. Box 1997 ch arb a] I @ kal i spel 1. co m
Kalispell, MT 59903-1997
10
it ti-1001
TO: Doug Russell, City Manager
FROM: Charles Harball, City Attorney
SUBJECT: Resolution No. 5570 — a Resolution of Intent to Advertise and Sell a
Surplus City Property at the Intersection of Three Mile Drive and
Meridian
MEETING DATE: July 2, 2012 — Regular Council Meeting
BACKGROUND: The most recent roadway improvements made by the State of Montana to
Three Mile Drive in the location of the Meridian. Street intersection in the City of Kalispell
created a small 0,62 acre parcel of property adjacent to south curb of Three Mile Drive that was
conveyed to the City. This parcel has little use to the City as it is a small strip of green space in
front of commercial operations that requires maintenance. Staff is asking the city council to
make the finding that the subject parcel is surplus and to be offered to the public for sale.
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.
RECONEUENDATION: That City Council give consideration to and pass Resolution No.
5570.
FISCAL 1AMACTS: Sale of the property will eliminate the current maintenance costs of the
parcel.
Respectfully submitted,
Ch a allity Attorney
ye
Approved:
P.6'ug R4Kell, City Manager
RESOLUTION NO. 5570
A RESOLUTION OF INTENT TO ADVERTISE AND SELL A CERTAIN PARCEL OF
SURPLUS CITY PROPERTY DESCRIBED AS TRACT SAO IN THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST,
FLATHEAD COUNTY MONTANA COMPRISING APPROXIMATELY 0,62 ACRES AND
MORE SPECIFICALLY LOCATED AT THE INTERSECTION OF THREE MILE DRIVE
AND MERIDIAN ROAD EXCEPTING THERE FROM THE RESERVATION THEREIN OF
ALL UTILITY EASEMENTS OF RECORD.
WHEREAS., the most recent roadway improvements made by the State of Montana to Three Mile
Drive in the location of the Meridian Street intersection in the City of Kalispell created a
small 0.62 acre parcel of property adjacent to south curb of Three Mile Drive that was
conveyed to the City that has little use to the City other than a small strip of green space
that requires maintenance;
WHEREAS, the City Parks Department has found that the subject parcel is of insufficient size to
efficiently develop or maintain 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 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 City properties.
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: Tract 5AO in the North
half of the Northeast quarter of Section 12, Township 28 North, Range
22 West, Flathead County, Montana,, comprising approximately 0.62
acres and more specifically located at the intersection of Three Mile
Drive and Meridian Road excepting there from a reservation therein of
all utility easements of record, 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 11. This resolution will become effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL.) THIS 2ND DAY OF DULY, 2012,
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
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BLK 3 CONTACT: 800 South f.,11aln Kalispell RAT 5-9901 Phone (406) 7-58-5540 Pax (406) 756--5840
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