Loading...
2. Resolution 5412 - MDT Property PurchasePlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 REPORT TO: Honorable Mayor and City Council FROM: Tom Jentz, Planning Director Jane Howington, City Manager SUBJECT: MDT Purchase of City R/ W for Highway 93 Alternate Truck Route DATE: December 21, 2009 BACKGROUND: MDT is in the final stages of securing R/ W for the construction of the north half of the Highway 93 Alternate Truck Route. Design standards have been completed for the intersection of Three Mile Drive and the Alternate Truck Route. At this particular intersection MDT will use existing R/ W within Three Mile Drive to accommodate the actual construction of the traffic improvements. However, MDT does need additional land adjacent to the Three Mile Drive R/W for use as a construction easement for up to 2 years beginning at the time actual highway construction starts. The actual area is small (.1 acre) and abuts the southern border of Empire Estates. It averages 10 feet wide and extends approximately 288 feet long. This area is currently utilized as a landscaped (grass) buffer and contains a bike trail. At the end of construction, MDT will return the land to the city and restore any construction related damage. No actual road construction will occur within this area. MDT has appraised the .1 acre site at $2,050 and is offering this as compensation to the city. Staff considers this construction easement as a necessary component of the highway work. RECOMMENDATION: The council should by Resolution enter into an agreement with MDT to grant the construction easement along the requested strip of city owned common area in phases 3 and 4 of Empire Estates to MDT for the purpose of the Highway 93 Alternate Truck Route construction. Respectfully submitted, Tom Jentz Planning Director Jane Howington City Manager M&OUIRNME11031 A RESOLUTION ACCEPTING AND APPROVING THE OFFER BY THE MONTANA DEPARTMENT OF TRANSPORTATION TO PURCHASE, FOR PROJECT MT-NH- NCPD(15) 76, APPROXIMATELY .10 ACRES OF REAL PROPERTY OWNED BY THE CITY OF KALISPELL AND DESCRIBED AS A TRACT OF LAND SITUATED IN EMPIRE ESTATES SUBDIVISION KNOWN AS A LANDSCAPE BUFFER IN PHASES 3 AND 4 FOR THE SUM OF TWO THOUSAND AND FIFTY DOLLARS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY CONVEYANCE DOCUMENTS. WHEREAS, the Montana State Department of Transportation has offered to purchase, for the sum of $2,050.00, a tract of land of about .10 acres in size and owned by the City of Kalispell located on Three Mile Drive and described as a tract of land situated in Empire Estates Subdivision known as a landscape buffer in phases 3 and 4, 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 summer of 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 21 ST DAY OF DECEMBER, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Montana Department of Transportation Right —of —Way Bureau PO Box 201001 Helena, MT 59620-1001 ROW\Forms\Pln\520 State of Montana Department of Transportation Right -of -Way Bureau 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 Project ID: MT-NH-NCPD 15(76) Parcel No.: 191 Designation: Kalispell Bypass Project No.: 2038-076 Bargain and Sale Deed Revised 7/31/09 County: Flathead This Deed, made this day of 20 , in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration now paid, the receipt of which is acknowledged, witnesses that, City of Kalispell P.O. Box 1997 Kalispell, MT 59903 does hereby grant, bargain, sell and convey to the Montana Department of Transportation the following -described real property: ACCESS CONTROL 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 the plat, consisting of 1 sheet, attached hereto and made a part hereof. Grantor reserves the right of reasonable access to and from Grantor's property in Empire Estates Subdivision, Phase 3 and Empire Estates Subdivision, Phase 4, according to the official plats thereof, on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, as said property is dedicated on said plats under Document Nos. 200512911100 and 200525115390, respectively, official records of said County. 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. ROW :2038: P 191 ACO.rIe Page 1 of 2 Bargain and Sale Deed Parcel No.: 191 Project ID.: MT-NH-NCPD 15(76) Designation: Kalispell Bypass This Deed was executed on the date of its last acknowledgment. as of (Signature) (Type of Authority) (Name of Entity) as of (Signature) (Type of Authority) (Name of Entity) as of (Signature) (Type of Authority) (Name of Entity) as of (Signature) (Type of Authority) (Name of Entity) State of ) County of ) This instrument was acknowledged before me on by of person(s)) as (type of authority, e.g., president, trustee, member, partner, etc.) of (name of entity on behalf of whom instrument was executed) Notary Signature Line Notary Printed Name (Seal) Notary Public for State of Residing at: My Commission Expires: / / 20 State of ) County of ) This instrument was acknowledged before me on by of person(s)) (date) as (type of authority, e.g., president, trustee, member, partner, etc.) of (name of entity on behalf of whom instrument was executed) Recording Information Notary Signature Line (Seal) Notary Printed Name Notary Public for State of Residing at: My Commission Expires: / / 20 Page 2 of 2