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5. Resolution 5575 - Land Transfer - Surplus City PropertyREPORT TO: Doug Russell, City Manager 3�- FROM: Michael Baker, Director, Parks & Recreation SUBJECT: Surplus Property Transfer MEETING DATE: August 6, 2012 BACKGROUND: Resolution No. 5570 authorized city staff to advertise the sale of a small strip of land (0.62 acre) adjacent to the south curb of Three Mile Drive. The property was conveyed to the city as a result of roadway improvements made by the State of Montana to Three Mile in the location of the Meridian Street intersection. This parcel has little use to the city as it is a small strip of green space in front of commercial operations that requires routine maintenance. This property is unimproved and determined to be unbuildable by the zoning and planning department The Notice of Sale was published twice in the Daily Inter Lake. One combined proposal was received from three adjoining property owners. In lieu of purchase, the three land owners request a transfer of property ownership and agree to: • Pay all costs associated with boundary line adjustments as an extension to the existing lot lines. • Pay all costs necessary for deed recording, closing, surveys and transfer fees. • Pay all costs for maintenance of property in accordance with the city of Kalispell's rules and regulations. • Adhere to all zoning and planning policies and procedures. • Pay all costs associated with landscaping so as to co -exist with the already landscaped areas of the respective above mentioned lots with the exception of the owner of Lot IC who will landscape the acquired property when the current Lot 1C is developed The bidders also agree the city shall retain a 20 foot road and utility easement measured from the back of the curb stop. It is further understand if any work is performed within this easement by anyone other than the bidders, the property will be returned to the condition it was prior to the start of said work. 3061" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758- 7718— Fax (406) 758- 7719 www.kalispell.com RECOMMENDATION: Approve Resolution No. 5575 accepting the attached proposal and conditions and proceed with the property transfer to Michael, Nancy, Kelly and Jill Knaff, Echo Creek, LLC, (Stacia and Terry Moore) and Marilee Wood. FISCAL EFFECTS: Eliminate the annual maintenance costs of the property and return the parcel to the tax rolls. ALTERNATIVES: As suggested by the City Council Respectfully submitted, tkAP Michael aker Parks & Recreation Director Enc: Bidders Proposal Map 306 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719 www.kalispell.com INV il.Yil"i[i�i C! ► ►��i�Ci WHEREAS, the most recent roadway improvements made by the State of Montana to Three Mile Drive in the location of the Meridian Road intersection in the City of Kalispell created a small 0.62 acre parcel of property adjacent to the 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; and WHEREAS, the City Parks Department has found that the subject parcel is of insufficient size to efficiently develop or maintain; and WHEREAS, the City Council passed Resolution No. 5570, a resolution of intent to sell surplus property, on July 2, 2012 and an invitation to bid for the purchase was duly published with only one offer received; and WHEREAS, Michael, Nancy, Kelly and Jill Knaff, Echo Creek, LLC and Marilee Wood, adjacent property owners, have made the offer to acquire the subject property by agreeing to pay all costs associated with necessary boundary line adjustments; to pay all costs necessary for recording, closing surveys and transfer fees; to pay all costs for maintenance of the property in accordance with the City of Kalispell's rules and regulations; to pay all costs associated with landscaping so as to complement the already landscaped areas of the respective adjacent lots; and to adhere to all zoning and planning policies and procedures; and WHEREAS, it is in the best interest of the City of Kalispell that it accept the offer by the parties identified above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. The City Manager is hereby authorized to enter into a Transfer of Property Agreement in accordance with the terms of the offer set forth above. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 6TH DAY OF AUGUST, 2012. ATTEST: Theresa White City Clerk Tammi Fisher Mayor July 2, 2012 To: Office of City Clerk, 201 ls'Avenue East, Kalispell, MT 59901 Re: Surplus Real Estate Sale for property on corner Meridian & Three Mile Drive Tract 5A0 North half of Northeast Quarter Section 12, Township 28 North, Range 22 West Flathead County, Montana Bidders: Michael & Nancy Knaff and Kelly & Jill Knaff (Owners of Lot 1 A) 1088 N. Meridian Road Kalispell, MT 59901 (406) 755-0719 Echo Creek, LLC (Owner of Lot I B) Stacia & Terry Moore 42 Logan Way Kalispell, MT 59901 (406) 253-2752 19 White Bark Kalispell, MT 59901 (406) 257-6948 rr— Signed: Te Y core Signed: Marilee Wood The above bidders are owners of property Lots 1A, I B & I C of amended Plat of Lot 1, Adams Addition, Kalispell that is adjacent to the above referenced unimproved City Parcel being offered up in the surplus real estate sale. Our interest and intent in acquiring the surplus non -buildable property is for the purpose of landscaping and for the enhancement of the surrounding properties and businesses so as to improve the overall aesthetics of the area. ;"In lieu of purchase, the above bidders request a transfer of property ownership and agree to: 0 All costs associated with boundary line adjustments as an extension to the existing lot lines ® All costs necessary for deed recording, closing, surveys & transfer fees ® All costs for maintenance of property in accordance with the city of Kalispell's rules and regulations • Adherence to all zoning and planning policies & procedures ® All costs associated with landscaping so as to co -exist with the already landscaped areas of the respective above mentioned lots with the exception of the owner of Lot 1C who will landscape the acquired property when the current Lot 1 C is developed It is understood by the above bidders that after the transfer of ownership the property transferred will contain a 20 ft road and utility easement measured from the back of the curb stop. It is further understood that if work is performed within the 20 ft easement by other than the above bidders, that the property will be returned to the condition it was prior to the start of said work. I A N mm IUA Q0 O O RR 1000 c 0, 1 0 a co In co co LL &n LO co < cc LID J3. Ln t5 LL 0 00 d3 E LO CY) U) 0 C) ri (Y) 7-i W 0 z 04 C%j CN c"I -.doe u do -P 10