01. Resolution 5106 - Abandonment and Sale of Alley Right-of-WayCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Har all, City .attorney
James H. Patrick, City Manager
Tel 406,758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5106 — Resolution. to Abandon and Sell an
Unused Alleyway in Bloc. I of Ryker Addition
NMETING DATE: Monday, April 3, 2006 — Regular Meeting
BACKGROUND: The City currently owns a parcel of property in Block 1 of Ryker
Addition, which was, when dedicated to the City, intended to be used for a
alleyway. The property to the north of the parcel is developed without an alleyway
and the property to the south remains undeveloped. The City Department of Public
Works indicates that an alleyway in this location is not in the City's plans. The
owner of the property to the east and west of the parcel has offered to purchase the
property for the sum o $2,000.00. Pursuant to statute, all other property owners
abutting this property have signed a petition approving the abandonment of the
alleyway. A public hearing, as required by statute will be held at this meeting just
prior to Co .ncil's consideration..
RECOMMENDATION: Council consider passing Resolution No. 5106, which
directs the abandonment and sale of the alleyway.
F SCE EFFECTS: Value received by the City will be the purchase price and any
real estate taxes on the increased value to the purchaser's property.
Respectfully submitted,
sf —
_ N
4/
N�
Charl s Ele&all, City Att r ey mes H. Patrick, City Manager
IR1-7. SOLUTION NO. 5106
A. RESOLUTION TO ABANDON THE ALLEYWAY IN BLOCK I OF RYKER
ADDITION AND To DISPOSE of AND SELL SUCH REAL PROPERTY.
WHEREAS, the City of Kalispell owns a parcel of land in Block I of Ryker Addition
previously dedicated to the City as are alleyway, which is further described i
Exhibit "A"' attached hereto and incorporated fully herein by this reference; and
WHEREAS,,the City has received a petition requesting that it abandon said alleyway silted by
all parties abutting the subject property and has also received an offer to purchase
the subject property; and
WHEREAS, notice of said petition was published in the daily later Lake on the 22nd and 2 t
day of March., 2006, and
WHEREAS, on the 3rd day of April, .boo , the City Council of the City of Kalispell held a
public hearing to hear proponents and opponents on the closure and to further
determine any action that would serve the public interest, and
WHEREAS, S, all necessary public utility easements are located elsewhere in the vicinity, and no
public utilities exist within the alleyway hereby abandoned.
WHEREAS, it is determined that the petition hereinbefore mentioned was properly presented
to the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of
KALISPELL AS FOLLOWS:
SECTION 1. That portion. of Block i, Ryker Addition, described in Exhibit "A", is
hereby abandoned and discontinued and conveyed to Michael Blend of
. ear rass Holdings for the sum of $2,000.00.
SECTION 11. This Resolution shall take effect immediately upon passage by the City
Council and. approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE CITY of KALISPELL, THIS 3RD DAY OF APRIL,.boo .
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "All
LEGAL DESCRIPTION OF THE PLATTED ALLEY TO BE ABANDONED IN BLOCK
I OF THE RYKER ADDITION TO KALISPELL
A tract of lard located In the SW 174 of Section 17, Township 28 North, Range 21 West, PMM,
described as follows:
Beginning at the NE comer of Lot 5 of Block 1 of the Ryk r Addition . to Kalispell, records of
Flathead County, Montana, thence S 1 ' 49' E a distance of 121.98 feet to the SE comer of Lot
, Block 1 of the Ryker Addition, thence N 11' E a distance of 20.00 feet to the SW corer
of Lot 4, Block 1 of the Ryker Addition, thence N 1 ° 49' W a distance of 121.98 feet to the NW
corer of Lot 2, Block 1 of the Ryker Addition, thence S ' 11' W a distance of 20.00 feet to
the point ofBeginning.
NOTICE
NOTICE is hereby given that the City of Kalispell has received a Petition in wn'ting from
Michael Blend of Beargrass Holdings, the owner of record of the propel at Block 1, Ryker
Addition, Kalispell, Flathead County, Montana, to abandon the alleyway described, to wit:
A tract of land located in the SW 14 of Section 17, Township 28 North., Range 21
West', PMM, described as follows. -
Beginning at the NE corner of Lot 5 of Block I of the Ryker Addition to Kalispell,
records of Flathead County, Montana, thence S 1 ' 4 ' E a distance of 121.98 Feet to
the SE comer of Lot 7, B I ock 1 of te Ryker Addition, thence N 7 6' 11 *' a distance
of 20.00 feet to the SW comer of Lot 4, Block I of the Ry er Addition, thence N 1 °
4 ' W a distance of 121.98 feet to the NW corner of Lot 21, Block 1 of the Ryker
Addition, thence S ' 11 ' 'W a distance of 20.00 feet to the point of Beginning.
and has offered to purchase the City -owned property.
The pose of this closure is to accommodate redevelopment of te area. Any pub fie utility
easements are reserved by the City of Kalispell.
Notice 1s hereby given that at the regularly sehe l .led City Connell Meeting on A. n�1 , 200 6,
the City Council will hear proponents and opponents on the abandonment and sale and act upon the
petition in a manner which serves the public interest.
Dated this 20th day of March, 2006.
Theresa White, City Clerk
Publish: March 22, 2006
March 29, 2006
PETITION TO ABANDON ALLEYWAY
Pursuant to MCA 7-14-4114, by signature below, the landowner of real property abutting
the described subject property dedicated as an alleyway sets forth his or her agreement
that said dedicated alleyway may abandoned and vacated by the City of Kalispell. The
alleyway is located in Block 1 of the Ryk r Addition of the City of Kalispell, south of
0' Street East and east of 3 Avenue East and is more particularly d s r' o as:
A tract of ' land located in the SWJ14 o; f ' Section 17, ,township 28 North,
.range 21 West, '. M M described fo o ws:
Beginning at the NE corner o, f `Lot 5 o, f .flock I of the Ryker Addition to
Kalispell, ecord, o, f Flathead County, Montana, thence S . 3 ° 9 ' E a
distance of 121.98 feet to the SE cornea" of Lot 7, Block I of the Ryke
A dditaon* thence N ' E a distance of 20. 00 feet to the SW corner of
.dot 4, .flock I of the Ryker addition, thence N 1' 9' W a distance of
21.98 feet to the NJIV corner of Lot 2, Block I of the Ryker addition,
thence S ° 1 ' W a distance of 20. 00 feet to the point ofBeginning.
y.
For: Beargrass Holdings LL
P.O. Box 7505
Kalispell, MT 5 04-0 05
Date:
y:
For: DOS Properties LLC
354 Blue Spruce
Kalispell, MT 59901
. .. .. ... ... .
y.
For O'Neil Properties LL
312 Crestview Drive
Kalispell, MT 50
Date:7, 5.,
y.
For: William Neal Miller
14444 th Avenue East
Kalispell, MT 59901-5904
Date: Date:
PETITION TO ABANDON ALLEYWAY
Pursuant to MCA 7-14-4114, by signature below, ow, the landowner of real property abutting
the described subject property dedicated as an alleyway sets forth his or ber agreement
that said dedicated alleyway may be abandoned doned and vacated by the City of Kalispell. The
alleyway is located in Block i of the Ry er Addition of the City of Kalispell, south o
1 Street East and east of 3dAvenue East and is more particularly described as:
tract of ' land located in the SW114 of Section 17, Township 28 North,
,,range 21 West, 1. M. M desc bed as 4 fo o ws
Beginning at the NE corner of Lot 5 qf'Block I of the Ryker Addition to
Kalispell, records of FlatheadCounty, Montana, thence S . 3 ° 9 � E
distance of 121.98 feet to the SE corner of .dot 7, .flock 1 of the Ryke
,addition, thence N ' 11 ' E a distance of 20. 00 feet to the SW corner of
Lot 4, Block I of the Ryker addition, thence N 1 ° 49 # W a distance of
121.98 feet to the NW corner of Lot 2, Block I of the Ryker addition,
thence S ° 11 ' W a distance o, f 20. 00 feet to the point of Beginning.
y:
For: Beargrass Holdings LLP
P.O. Box 7505
Kalispell, MT 50-00
Date:
By:
For: DOS Properties LLC
354 Blue Spruce
Kalispell, MT 59901
Date:
y.
For:
O'Neil Properties LLC
312 Crestview Thrive
Kalispell, MT 59901
Date:
y:
For;
William Neal Miller
14444 th Avenue East
Kalispell MT 5 01-5 o
Date:
12 - end
PETITION TO ABANDON ALLEYWAY
Pursuant to MCA 7-14-4114, by signature below, the landowner of real property abutting
the desery ed subject property dedicated as an alleyway sets forte his or her agreement
that said dedicated alleyway may be abandoned doned and vacated by the City of Kalispell. The
alleyway is located in Bloch l of the Ryker Addition of the City of Kalispell, south o
OStreet East and east of PAvenue East and is more particularly described as:
tract of land located in the SW114 of Section 17, Township 28 North,
Range 21 West, . M. M, described as fo lbws:
Beginning at the NE corner of Lot of Block 1 of the .Rker Addition to
,sae, records of Flathead Font, Montana, thence S 3° E
distance of 121.98feet to the SE corner of Lod` 7, Block I of the Ryker
Addition, thence N 7 ' E a distance of 20.00 feet to the SW corner of
Lot 4, Block I of the Ryker Addition, thence N 3 ° 49 # W a distance of
1214 98 feet to the NW cornea' of Lot 2, Block I of the Ryk r Addition,
thence S 7 ° 11 ' W a distance of 2 , oo feet to the point of Beginning
/_ A 4_; _v �e
y, y.
For: Beargrass Holdings LLP For: O'Neil Properties .ies C
P.O. Box 7505 312 Crestview Drive
Kalispell, MT 59904-0505Kalispell, MT 59901
Date: Date:
I W
���y /:�f y
For: DOS Properties C For: William Neal Miller
354 Blue Spruce 1444 41h Avenue East
Kalispell, MT 59901 Kalispell, MT 01- 904
Date: Date:
50