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
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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.
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