10. Resolution 4482 - Boundary Line Adjustment - AndersonFROM:
SUBJECT:
MEETING DATE:
nanspeu t-iry uouncrr —
Michael Baker, Director of Parks
Glen Neier, City Attorney
Chris Kukulski, City Manager
Don Anderson Agreement and Resolution for Boundary Line Adjustment
June 7, 1999
BACK GROUND: Follow-up action to the Don Anderson proposal to adjust the property
boundary line on the Northeast corner of Woodland Park. Council has
reviewed and tentatively accepted the Anderson proposal. Enclosed are
copies prepared by the City Attorney, addressing Slope Stabilization
Agreement and the resolution 4482 authorizing boundary line
adjustment.
I feel this agreement will enhance the undeveloped Northeast area of
Woodland Park. Simplify and delineate the Northeast boundary.
Relieve liability issue with bank stabilization and safety, limit
encroachment, trespass and security. I am in full agreement with the
proposal and would recommend council approve the listed action.
RECOMMENDATION: Adopt the Slope Stabilization Agreement and Resolution 4482
authorizing boundary line adjustment.
FISCAL EFFECTS: None at this time.
ALTERNATIVES: As suggested by Council.
Respectfully submitted,
Michael Baker, Director of Parks
Attachments -
Chris Kukulski, City Manager
Report Compiled June 4, 1999
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7700 - FAX (406) 758-7758
RESOLUTION NO. 4482
A RESOLUTION AUTHORIZING A BOUNDARY LINE ADJUSTMENT ON THE EAST
SIDE OF WOODLAND PARK AND AUTHORIZING THE MAYOR TO EXECUTE A DEED
TO THE PROPERTY SUBJECT TO THE ADJUSTMENT.
WHEREAS, the City of Kalispell owns certain real property
comprising an area of the City commonly known as Woodland
Park, and
WHEREAS, Anderson's Masonry Supply Corp. owns certain real
property adjacent to said Woodland Park, and
WHEREAS, the boundary line between the adjacent property is
located on a steep clay bank which is unsafe and unusable
for park purposes, and
WHEREAS, Anderson has submitted a proposal to the City whereby
Anderson would excavate portions of the bank resulting in
a stabilized slope and facilitate Woodland Park
improvements, and
WHEREAS, Anderson's proposal includes the City deeding to Anderson
the real property subject to excavation and
stabilization, and
WHEREAS, the City and Anderson have reduced the Anderson proposal
to writing setting forth the rights and obligations of
the parties, and
WHEREAS, the City Council determines that said agreement between
Anderson and the City is in the best interest of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That the Mayor of the City of Kalispell is
hereby authorized and directed to execute on
behalf of the City of Kalispell the
Certificate ._of Survey encompassing the
property described in Exhibit A, attached
hereto and thereby made a part hereof,
adjusting the boundary between Anderson and
the City.
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SECTION II. That the Mayor is further authorized and
directed to execute on behalf of the City a
deed transferring ownership of the property
described in Exhibit A to Anderson upon
completion of the excavation and slope
stabilization work by Anderson, described in
the Agreement dated the day of June,
1999.
SECTION III. This Resolution shall take effect immediately
upon passage by the Council and execution by
the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA THIS 7— DAY OF JUNE, 1999.
Wm. E. Boharski
Mayor
Theresa White
City Clerk
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SLOPE STABILIZATION AGREEMENT
THIS AGREEMENT, made and entered into this day of June,
1999 by and between the City of Kalispell, a municipal corporation,
hereinafter City, and Anderson Masonry Supply, Corp., a Montana
corporation, hereinafter Anderson;
W I T N E S S E T H:
That for and in consideration of the covenants and agreements
contained herein, the parties hereto agree as follows:
1. City shall cause to be surveyed and adjusted the boundary
existing between the property owned by the City on the
east boundary of Woodland Park and property owned by
Anderson Masonry Supply, Corp., said survey to result in
a parcel of property, PARCEL "A" described in Exhibit A,
attached hereto and thereby made a part hereof;
2. Anderson shall undertake to excavate and remove
approximately 17,500 c.y. from Parcel "A" and regrade the
resulting slope to 1% / 1 slope.
3. The bottom 1/3 of the excavated area of Parcel "A" shall
be supported/reinforced by riprap or other means to
insure stabilization of the slope, as part of Anderson's
activities.
4. Anderson shall cover all regraded slopes with a minimum
of 4" of top soil and replant the slopes with dryland
- grass mix matching existing vegetation in the area.
5. Anderson shall plant a minimum of thirty (30) conifer,
thirty (30) to fifty (50) deciduous and conifer shrubs,
and supply irrigation to same for at least 30 days.
Newly planted trees shall not obstruct scenic views from
Woodland Park.
6. Anderson shall install a six foot high chain link fence
along the property line between Parcel "A" and Woodland
Park in such a manner so as said fence will not have a
visual impact on Woodland Park.
7. Trees remaining on the steep slope adjacent to Parcel "A"
shall remain and be maintained by Anderson; any trees
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removed or dying shall be replaced on a one to one basis
by Anderson.
8. Upon completion of the above obligations by Anderson, the
City shall cause a Grant Deed to said Parcel "A" to be
executed and delivered to Anderson as authorized under
Resolution No. 4482.
9. This agreement shall be an obligation of and inure to the
benefit of the parties' respective successors and
assigns.
Dated this day of June, 1999.
City of Kalispell
By:
Its: Mayor
Attest:
Theresa White
City Clerk
Anderson Masonry Supply, Corp.
By:_
Its:
Attest:
Officer
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