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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. H;\attsect\wP\res\anderson.wpd 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 H;\attsect\wp\res\anderson.wpd 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 H:\attsect\wp\res\andersonagree.wpd 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 H:\attsect\wp\res\andersonagree.wpd